Public Law 102-590, 106 Stat. 5136
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "38 USC 101 note" SHORT TITLE.
This Act may be cited as the "Homeless Veterans Comprehensive Service
Programs Act of 1992".
SEC. 2. "38 USC 7721 note" PILOT PROGRAM.
(a) IN GENERAL. -- Subject to the availability of appropriations
provided for under section 12, the Secretary of Veterans Affairs shall
establish and operate, through September 30, 1995, a pilot program under
this Act to expand and improve the provision of benefits and services by
the Department of Veterans Affairs to homeless veterans.
(b) COMPREHENSIVE CENTERS. -- The pilot program shall include the
establishment of no more than four demonstration programs (in addition
to any existing programs providing similar services) at sites under the
jurisdiction of the Secretary to be centers for the provision of
comprehensive services to homeless veterans. The services to be
provided at each site shall include a comprehensive and coordinated
array of those specialized services which may be provided under existing
law.
(c) PLACEMENT OF VBA EMPLOYEES. -- The pilot program shall also
include the services of such employees of the Veterans Benefits
Administration as the Secretary determines appropriate at --
(1) no more than 45 sites at which the Secretary provides
services to homeless chronically mentally ill veterans pursuant to
section 115 of Public Law 100-322 (38 U.S.C. 1712 note);
(2) no more than 26 sites at which the Secretary furnishes
domiciliary care to homeless veterans pursuant to section 801(b)
of Public Law 100-628 (102 Stat. 3257);
(3) no more than 12 centers which provide readjustment
counseling services under section 1712A of title 38, United States
Code; and
(4) each of the demonstration sites established under
subsection (b).
SEC. 3. "38 USC 7721 note" GRANTS.
(a) AUTHORITY TO MAKE GRANTS. -- Subject to the availability of
appropriations provided for under section 12, the Secretary of Veterans
Affairs, during fiscal year 1993, 1994, and 1995, shall make grants to
assist eligible entities in establishing new programs to furnish
outreach, rehabilitative services, vocational counseling and training,
and transitional housing assistance to homeless veterans.
(b) CRITERIA FOR AWARD OF GRANTS. -- The Secretary shall establish
criteria and requirements for the award of a grant under this section,
including criteria for entities eligible to receive such grants. The
Secretary shall publish such criteria and requirements in the Federal
Register not later than 90 days after the date of the enactment of this
Act. In developing such criteria and requirements, the Secretary shall
consult with organizations with experience in the area of providing
service to homeless veterans and to the maximum extent possible shall
take into account the findings of the assessment of the Secretary under
section 107 of the Veterans' Medical Programs Amendments of 1992. The
criteria established under this section shall include the following:
(1) Specification as to the kinds of projects for which such
grant support is available, which shall include (A) expansion,
remodeling, or alteration of existing buildings, or acquisition of
facilities, for use as service centers, transitional housing, or
other facilities to serve homeless veterans, and (B) procurement
of vans for use in outreach to, and transportation for, homeless
veterans to carry out the purposes set forth in subsection (a).
(2) Specification as to the number of projects for which grant
support is available, which shall include provision for no more
than 25 service centers and no more than 20 programs which
incorporate the procurement of vans as described in paragraph (1).
(3) Appropriate criteria for the staffing for the provision of
the services for which a grant under this section is furnished.
(4) Provisions to ensure that the award of grants under this
section (A) shall not result in duplication of ongoing services,
and (B) to the maximum extent practicable, shall reflect
appropriate geographic dispersion and an appropriate balance
between urban and nonurban locations.
(5) Provisions to ensure that an entity receiving a grant shall
meet fire and safety requirements established by the Secretary,
which shall include such State and community requirements that may
apply, but fire and safety requirements applicable to buildings of
the Federal Government shall not apply to real property to be used
by a grantee in carrying out the grant.
(6) Specifications as to the means by which an entity receiving
a grant may contribute in-kind services to the start-up costs of
any project for which support is sought and the methodology for
assigning a cost to that contribution for purposes of subsection
(c).
(c) FUNDING LIMITATIONS. -- A grant under this section may not be
used to support operational costs. The amount of a grant under this
section may not exceed 65 percent of the estimated cost of the
expansion, remodeling, alteration, acquisition, or procurement provided
for under this section.
(d) ELIGIBLE ENTITIES. -- The Secretary may not make a grant under
this section unless the applicant for the grant --
(1) is a public or nonprofit private entity with the capacity
(as determined by the Secretary) to effectively administer a grant
under this section;
(2) has demonstrated that adequate financial support will be
available to carry out the project for which the grant has been
sought consistent with the plans, specifications, and schedule
submitted by the applicant; and
(3) has agreed to meet the applicable criteria and requirements
established under subsection (b) (and the Secretary has determined
that the applicant has demonstrated the capacity to meet those
criteria and requirements).
(e) APPLICATION REQUIREMENT. -- An entity described in subsection
(d) desiring to receive assistance under this section shall submit to
the Secretary an application. The application shall set forth --
(1) the amount of the grant requested with respect to a
project;
(2) a description of the site for such project;
(3) plans, specifications, and the schedule for implementation
of such project in accordance with requirements prescribed by the
Secretary under subsection (b); and
(4) reasonable assurance that upon completion of the work for
which assistance is sought, the program will become operational
and the facilities will be used principally to provide to veterans
the services for which the project was designed, and that not more
than 25 percent of the services provided will serve clients who
are not receiving such services as veterans.
(f) PROGRAM REQUIREMENTS. -- The Secretary may not make a grant to
an applicant under this section unless the applicant, in the application
for the grant, agrees to each of the following requirements:
(1) To provide the services for which the grant is furnished at
locations accessible to homeless veterans.
(2) To maintain referral networks for, and aid homeless
veterans in, establishing eligibility for assistance, and
obtaining services, under available entitlement and assistance
programs.
(3) To ensure the confidentiality of records maintained on
homeless veterans receiving services under the grant.
(4) To establish such procedures for fiscal control and fund
accounting as may be necessary to ensure proper disbursement and
accounting with respect to the grant and to such payments as may
be made under section 4.
(5) To seek to employ homeless veterans and formerly homeless
veterans in positions created for purposes of the grant for which
those veterans are qualified.
(g) SERVICE CENTER REQUIREMENTS. -- In addition to criteria
established under subsection (b), the Secretary shall, in the case of an
application for a grant for a service center for homeless veterans,
require that --
(1) such center shall provide services to homeless veterans
during such hours as the Secretary may specify and shall be open
to such veterans on an as-needed, unscheduled basis;
(2) space at such center will be made available, as mutually
agreeable, for use by staff of the Department of Veterans Affairs,
the Department of Labor, and other appropriate agencies and
organizations in assisting homeless veterans served by such
center;
(3) such center shall be equipped and staffed to provide, or to
assist in providing, health care, mental health services, hygiene
facilities, benefits and employment counseling, meals,
transportation assistance, and such other services as the
Secretary determines necessary; and
(4) such center may be equipped and staffed to provide, or to
assist in providing, job training and job placement services
(including job readiness, job counseling, and literacy and skills
training), as well as any outreach and case management services
that may be necessary to carry out this paragraph.
SEC. 4. "38 USC 7721 note" PER DIEM PAYMENTS.
(a) PER DIEM PAYMENTS FOR FURNISHING SERVICES TO HOMELESS VETERANS.
-- Subject to the availability of appropriations provided for under
section 12, the Secretary of Veterans Affairs, pursuant to such criteria
as the Secretary shall prescribe, shall provide to a recipient of a
grant under section 3 (or an entity eligible to receive a grant under
section 3 which after the date of enactment of this Act establishes a
program which the Secretary determines carries out the purposes
described in section 3) per diem payments at such rates as the Secretary
shall prescribe by regulation for services furnished to any homeless
veteran --
(1) whom the Secretary has referred to the grant recipient (or
entity eligible for such a grant); or
(2) for whom the Secretary has authorized the provision of
services.
In a case in which the Secretary has authorized the provision of
services, per diem payments may be paid retroactively for services
provided not more than 3 days before the authorization was provided.
(b) LIMITATION. -- The amount of per diem payments made with respect
to a veteran under this section may not exceed one-half of the cost to
the grant recipient (or other eligible entity) of providing such
service.
(c) IN-KIND ASSISTANCE. -- In lieu of per diem payments under this
section, the Secretary may, with the approval of the grant recipient,
provide in-kind assistance (through the services of Department employees
and the use of other Department resources) to a grant recipient (or
entity eligible for such a grant) under section 3.
(d) INSPECTIONS. -- The Secretary may inspect any facility of an
entity eligible for payments under subsection (a) at such times as the
Secretary considers necessary. No per diem payment may be made to an
entity under this section unless the facilities of that entity meet such
standards as the Secretary shall prescribe.
SEC. 5. OUTREACH SERVICES.
Section 7722 of title 38, United States Code, is amended by adding at
the end thereof the following:
"(e) In carrying out this section, the Secretary shall assign such
employees of the Veterans Benefits Administration as the Secretary
considers appropriate to conduct outreach programs and provide outreach
services for homeless veterans. Such outreach services may include site
visits through which homeless veterans can be identified and provided
assistance in obtaining benefits and services that may be available to
them.".
SEC. 6. EXPANSION OF PROGRAMS FOR HOMELESS VETERANS.
Section 801 of the Stewart B. McKinney Homeless Assistance Amendments
Act of 1988 (Public Law 100-628; 102 Stat. 3257) is amended in
subsection (c), by striking out "to homeless" and inserting in lieu
thereof "with a primary emphasis on those homeless".
SEC. 7. AUTHORITY TO LEASE CERTAIN PROPERTY OF THE DEPARTMENT OF
VETERANS AFFAIRS FOR EXTENDED LEASE TERMS.
(a) AUTHORITY. -- Notwithstanding section 8122(a)(1) of title 38,
United States Code, and subject to subsection (b), the Secretary of
Veterans Affairs may lease to a representative of the homeless for a
term in excess of three years any real property at the West Los Angeles
Veterans Affairs Medical Center for which an application of the
representative for the use of the property has been approved by the
Secretary of Health and Human Services under section 501(e) of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411(e)). Any
such lease shall be subject to the provisions of section 501(f) of such
Act (42 U.S.C. 11411(f)).
(b) LIMITATION. -- The Secretary may not lease real property under
subsection (a) for a term in excess of three years to a representative
of the homeless unless the representative agrees to use the property
only as a location for the provision of services to homeless veterans
and the families of such veterans.
(c) DEFINITION. -- In this section, the term "representative of the
homeless" has the meaning given such term in section 501(h)(4) of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411(h)(4)).
SEC. 8. AUTHORITY TO MAKE PROPERTIES AVAILABLE FOR HOMELESS
PURPOSES.
(a) LEASE OR DONATION. -- Section 3735(a) of title 38, United States
Code, is amended --
(1) in paragraph (2) --
(A) by inserting ", lease, lease with an option to purchase, or
donate" after "sell"; and
(B) by inserting "or lease or donation" after "sale";
(2) in paragraph (3)(B), by inserting ", leased, or donated"
after "sold";
(3) by redesignating paragraph (4) as paragraph (6); and
(4) by inserting after paragraph (3) the following new
paragraphs:
"(4) The term of any lease under this subsection may not exceed three
years.
"(5) An approved entity that leases a property from the Secretary
under this section shall be responsible for the payment of any taxes,
utilities, liability insurance, and other maintenance charges or similar
charges that apply to the property.".
(b) EXTENSION OF AUTHORITY. -- Section 3735(b) of such title is
amended by striking out "September 30, 1993" and inserting in lieu
thereof "December 31, 1995".
SEC. 9. FINANCING OF PROPERTIES TO ASSIST HOMELESS VETERANS.
(a) FINANCING. -- Section 3735 of title 38, United States Code (as
amended by section 8), is further amended --
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
"(b)(1) Subject to paragraphs (2) and (3), the Secretary may make
loans to organizations described in paragraph (1)(A) of subsection (a)
to finance the purchase of property by such organizations under such
subsection.
"(2) In making a loan under this subsection, the Secretary --
"(A) shall establish credit standards to be used for this
purpose;
"(B) may, pursuant to section 3733(a)(6) of this title, provide
that the loan will bear interest at a rate below the rate that
prevails for similar loans in the market in which the loan is
made; and
"(C) may waive the collection of a fee under section 3729 of
this title in any case in which the Secretary determines that such
a waiver would be appropriate.".
SEC. 10. "38 USC 7721 note" ANNUAL REPORTS.
Not later than May 1 of each of 1994, 1995, and 1996, the Secretary
of Veterans Affairs shall submit to the Committees on Veterans' Affairs
of the Senate and House of Representatives a report on the
implementation of this Act. Each such report shall, to the extent
feasible, include information on (1) the number of veterans assisted,
(2) the services provided, and (3) the Secretary's analysis of the
operational and clinical effectiveness and cost-effectiveness of the
programs established under, or with assistance provided by, this Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS FOR HOMELESS VETERANS'
REINTEGRATION PROJECTS.
(a) AUTHORIZATION OF APPROPRIATIONS. -- Section 738 of the Stewart
B. McKinney Homeless Assistance Act (42 U.S.C. 11448) is amended by
adding at the end the following new subsection:
"(e) AUTHORIZATION OF APPROPRIATIONS. -- (1) There are authorized to
be appropriated to carry out this section the following amounts:
"(A) $10,000,000 for fiscal year 1993.
"(B) $12,000,000 for fiscal year 1994.
"(C) $14,000,000 for fiscal year 1995.
"(2) Funds obligated for any fiscal year to carry out this section
may be expended in that fiscal year and the succeeding fiscal year.".
(b) CONFORMING AMENDMENTS. -- (1) Section 739 of the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 11449) is amended --
(A) in subsection (a)(3) --
(i) by striking out "$17,000,000" and inserting in lieu thereof
"$14,800,000"; and
(ii) by striking out "1993," and all that follows through "this
subtitle" and inserting in lieu thereof "1993"; and
(B) in subsection (b), by striking out "other than section 738
of this subtitle and for the program under section 738 of this
subtitle".
(2) Section 741 of such Act (42 U.S.C. 11451) "42 USC 11450" is
amended by inserting "738 and" before "740".
SEC. 12. "38 USC 7721 note" AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act (other
than section 8) $48,000,000 for each of the fiscal years 1993, 1994, and
1995. No funds may be used to carry out the provisions of sections 2,
3, and 4 of this Act unless expressly provided for in an appropriation
law. Nothing in this Act shall be construed to diminish funds for,
continuation of, or expansion of existing programs administered by the
Secretary of Veterans Affairs to serve veterans.
Approved November 10, 1992.
LEGISLATIVE HISTORY -- H.R. 5400 (S. 2512):
HOUSE REPORTS: No. 102-721 (Comm. on Veterans' Affairs).
SENATE REPORTS: No. 102-361 accompanying S. 2512 (Comm. on Veteran's
Affairs).
CONGRESSIONAL RECORD, Vol. 138 (1992): July 27, considered and
passed House. Sept. 8, considered and passed Senate, amended, in lieu
of S. 2512. Oct. 3, House concurred in Senate amendments with an
amendment. Oct. 7, Senate concurred in House amendment.
Public Law 102-589, 106 Stat. 5133
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "31 USC 6501 note" SHORT TITLE.
This Act may be cited as the "Cash Management Improvement Act
Amendments of 1992".
SEC. 2 AMENDMENTS TO THE CASH MANAGEMENT IMPROVEMENT ACT OF 1990.
The Cash Management Improvement Act of 1990 (Public Law 101-453, 104
Stat. 1058) is amended --
(1) in section 4(c) (31 U.S.C. 3335 note), by striking "by the
date which is 2 years after the date of the enactment of this
Act";
(2) in section 5 (31 U.S.C. 6503 note) --
(A) in subsection (d)(1), by striking "not later than 2 years
after the date of enactment of this Act" and inserting "July 1,
1993 or the first day of a State's fiscal year beginning in 1993,
whichever is later";
(B) in subsection (d)(2), by striking "2 years after the date
of enactment of this Act" and inserting "on July 1, 1993 or the
first day of a State's fiscal year beginning in 1993, whichever is
later"; and
(C) in subsection (e), by striking "2 years after the date of
enactment of this Act" and inserting "on July 1, 1993 or the first
day of a State's fiscal year beginning in 1993, whichever is
later"; and
(3) in section 6 (31 U.S.C. 6503 note), by striking "Four" and
inserting "Five".
SEC. 3. INTERNAL REVENUE SERVICE TAX REFUND OFFSET.
Section 3720A of title 31, United States Code, is amended --
(1) by amending subsection (a) to read as follows:
"(a) Any Federal agency athat is owed a past-due legally enforceable
debt (other than any past-due support), including debt administered by a
third party acting as an agent for the Federal Government, by a named
person shall, in accordance with regulations issued pursuant to
subsections (b) and (d), notify the Secretary of the Treasury at least
once a year of the amount of all such debt.";
(2) in subsection (b) --
(A) in paragraph (3) by striking out "and" at the end thereof;
(B) in paragraph (4) by striking out "to obtain payment of such
debt." and inserting in lieu thereof "(determined on a
government-wide basis) to obtain payment of such debt; and"; and
(C) by adding at the end thereof the following new paragraph:
"(5) certifies that reasonable efforts have been made by the
agency (pursuant to regulations) to obtain payment of such debt.";
(3) by redesignating subsection (g) as subsection (h);
(4) in subsection (h) (as redesignated under paragraph (3) of
this section) --
(A) in paragraph (2) by striking out "and" at the end thereof;
(B) in paragraph (3) by adding "; and" at the end thereof;
and
(C) by adding after paragraph (3) the following new paragraph:
"(4) the term 'person' means an individual; or a sole
proprietorship, partnership, corporation, nonprofit organization,
or any other form of business association."; and
(5) by inserting after subsection (f) the following:
"(g) In the case of refunds of business associations, this section
shall aply only to refunds payable on or after January 1, 1995. In the
case of refunds of individuals who owe debts to Federal agencies that
have not participated in the Federal tax refund offset program prior to
the date of enactment of this subsection, this secttion shall apply only
to refunds payable on or after January 1, 1994.".
SEC. 4. EXTENSION OF THE PRIVATE COUNSEL PILOT.
(a) EXTENSION OF PROGRAM. -- The pilot debt collection program
carried out by the Attorney General under section 3718(b) and (c) of
title 31, United States Code, "31 USC 3718 note" as authorized and
directed under section 3 of the Act entitled "An Act to amend section
3718 of title 31, United States Code, to authorize contracts retaining
private counsel to furnish legal services in the case of indebtedness
owed the United States." approved October 29, 1986 (37 U.S.C. 3718 note;
Public Law 99-578) is extended through September 30, 1996.
(b) EXTENSION OF JUDICIAL DISTRICTS. -- Section 3 of such Act "31
USC 3718 note" is amended by striking out "not more than 10" and
inserting in lieu thereof "not more than 15".
(c) EXTENSION OF AUTHORIZATION. -- Section 5 of such Act "31 USC
3718 note" is amended by striking out all after "effect" and inserting
in lieu thereof "until September 30, 1996.".
(d) CONTRACT EXTENSION. -- The Attorney General may extend or modify
any or all of the contracts entered into with private counsel prior to
October 1, 1992, for such time as is necessary to conduct a full and
open competition in accordance with section 3718(b) of title 31, United
States Code. "31 USC 3718 note"
SEC. 5. "31 USC 3718 note" AUDIT BY INSPECTOR GENERAL.
(a) CONTENTS OF AUDIT. -- The Inspector General of the Department of
Justice shall conduct an audit, for the period beginning on October 1,
1991, and ending on September 30, 1994, of the actions of the Attorney
General under subsection (b) of section 3718 of title 31, United States
Code, under the pilot program referred to in section 3 of the Act
entitled "An Act to amend section 3718 of title 31, United States Code,
to authorize contracts retaining private counsel to furnish legal
services in the case of indebtedness owed the United States.", approved
October 29, 1986 (37 U.S.C. 3718 note; Public Law 99-578). The
Inspector General shall determine the extent of the competition among
private counsel to obtain contracts awarded under such subsection, the
reasonableness of the fees provided in such contracts, the diligence and
efforts of the Attorney General to retain private counsel in accordance
with the provisions of such subsection, the results of the debt
collection efforts of private counsel retained under such contracts, and
the cost-effectiveness of the pilot project compared with the use of
United States Attorneys' Offices for debt collection.
(b) REPORT TO CONGRESS. -- After completing the audit under
subsection (a), the Inspector General shall transmit to the Congress,
not later than June 30, 1995, a report on the findings, conclusions, and
recommendations resulting from the audit.
SEC. 6. ADDITIONAL REPORTING REQUIREMENTS ON CONTRACTS FOR LEGAL
SERVICES.
Section 3718 of title 31, United States Code, is amended by adding at
the end thereof the following new subsection:
"(g) In order to assist Congress in determining whether use of
private counsel is a cost-effective method of collecting Government
debts, the Attorney General shall, following consultation with the
General Accounting Office, maintain and make available to the Inspector
General of the Department of Justice, statistical data relating to the
comparative costs of debt collection by participating United States
Attorneys' Offices and by private counsel.".
SEC. 7. "31 USC 3718 note" EFFECTIVE DATE.
The provisions of this Act and amendments made by this Act shall take
effect on the date of enactment of this Act, except if such date of
enactment is on or after October 1, 1992, such provisions and amendments
shall be effective as if enacted on September 30, 1992.
Approved November 10, 1992.
LEGISLATIVE HISTORY -- H.R. 5377 (S. 2970):
SENATE REPORTS: No. 102-420 accompanying S. 2970 (Comm. on
Governmental Affairs).
CONGRESSIONAL RECORD, Vol. 138 (1992): July 21, considered and
passed House. Oct. 2, considered and passed Senate, amended, in lieu of
S. 2970. Oct. 3, House concurred in Senate amendment.
Public Law 102-588, 106 Stat. 5107
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1993".
SEC. 101. FINDINGS.
Congress finds that --
(1) investments in research and development are directly linked
to long-term productivity and economic growth;
(2) as a major driver of advanced technology, the space program
can play a major role in the Nation's reinvestment in civilian
research and development;
(3) in addition to carrying out the Nation's goals in science
and exploration, the space program makes a significant and direct
contribution to the national employment base and, through the
development of advanced technologies, will contribute to
sustaining a healthy employment base and economy in the future;
(4) the long-term health of the United States space program is
critically dependent on maintaining a stable and continuously
evolving core program of science, space transportation, space
exploration, space technology, and space applications;
(5) such a core program must be based on a realistic projection
of resources that will be available and, in the near term, should
not exceed inflationary growth;
(6) in addition to carrying out a core space program,
international leadership, technological advancement, and expanded
scientific knowledge will be enhanced by an expanded space program
based on special initiatives in science, exploration, space
transportation, space technology, and space applications;
(7) the Nation's space program can provide a productive
environment for utilizing the skills of scientists and engineers
formerly involved in the Nation's defense sector;
(8) civil space activities of the United States, whether made
possible by, or in response to, Cold War strategic competition
with the Soviet Union, must, in an era of declining political
conflict, mature as instruments of United States foreign policy,
and grow to support the national interest during the post-Cold War
era;
(9) the national interest is furthered by trade and cooperation
among friendly nations, and to the extent the former Soviet
republics have shown themselves willing and capable of fostering a
friendship with the United States, the national interest is
furthered through trade and cooperation of mutual advantage
between the United States and the former Soviet republics in civil
aerospace, space science, and space exploration;
(10) a vigorous and coordinated effort by the United States and
other spacefaring nations is needed to minimize the growth of
orbital debris, and space activities should be conducted in a
manner that minimizes the likelihood of additional orbital debris
creation;
(11) the aerospace industry, rooted in aeronautics, is a major
positive contributor to United States international influence and
competitiveness;
(12) aeronautical research and development sustains our
leadership in air transport and military aviation worldwide; and
(13) the National Aero-Space Plane is a core technology for any
national aerospace policy and will permit the United States to
maintain a worldwide competitive posture into the future.
SEC. 102. FISCAL YEAR 1993 AUTHORIZATION OF APPROPRIATIONS.
(a) RESEARCH AND DEVELOPMENT. -- There are authorized to be
appropriated to the National Aeronautics and Space Administration to
become available October 1, 1992, for "Research and Development" for the
following programs:
(1) Space Station Freedom, $2,100,000,000.
(2) Space Transportation Capability Development, $733,700,000,
of which $30,000,000 is authorized for the development of the
Space Transportation Main Engine.
(3) Physics and Astronomy, $1,096,000,000, of which $22,000,000
is authorized for the Shuttle Test of Relativity Experiment.
(4) Life Sciences, $153,700,000, of which $2,000,000 is
authorized for cooperative life science activities on the Space
Station Mir. None of the funds appropriated pursuant to this Act
shall be used for the Search for Extraterrestrial Intelligence
(SETI).
(5) Planetary Exploration, $472,200,000, of which $10,000,000
is authorized for Magellan mission operations.
(6) Earth Science and Applications, $838,500,000.
(7) Materials Processing in Space, $155,300,000.
(8) Communications, $4,600,000.
(9) Information Systems, $40,700,000, of which $8,500,000 is
authorized for the enhancement of existing visualization and mass
storage capacity in support of earth and space science flight
projects.
(10) Space Science Research Operations Support, $91,000,000.
(11) Commercial Programs, $156,600,000.
(12) Aeronautical Research and Technology, $885,200,000, of
which $89,900,000 is authorized for High-Speed Research.
(13) Transatmospheric Research and Technology, $45,000,000.
(14) Space Research and Technology, $308,500,000, of which
$5,000,000 is authorized for carrying out a program of component
technology development, validation, and demonstration directed at
reducing the cost and improving the capabilities and reliability
of commercial launch vehicles.
(15) Space Exploration, $15,900,000.
(16) Safety, Reliability, and Quality Assurance, $32,500,000.
(17) Academic Programs, $71,400,000.
(18) Tracking and Data Advanced Systems, $23,200,000.
(b) SPACE FLIGHT, CONTROL, AND DATA COMMUNICATIONS. -- There are
authorized to be appropriated to the National Aeronautics and Space
Administration to become available October 1, 1992, for "Space Flight,
Control, and Data Communications" for the following programs:
(1) Space Shuttle Production and Operational Capability,
$1,315,800,000, of which $315,000,000 is authorized for the
Advanced Solid Rocket Motor Program.
(2) Space Transportation Enhancement, $7,000,000, for
assessment of the mission need and cost justification of providing
for the incremental improvement in the Space Shuttle fleet,
including --
(A) the extension of on-orbit duration;
(B) the development of unmanned Shuttle capabilities;
(C) the increase in lift performance; and
(D) the enhancement of existent Shuttle flight reliability.
(3) Space Shuttle Operations, $3,085,200,000.
(4) Launch Services, $207,500,000.
(5) Space and Ground Network, Communications, and Data Systems,
$903,500,000.
(c) CONSTRUCTION OF FACILITIES. -- There are authorized to be
appropriated to the National Aeronautics and Space Administration to
become available October 1, 1992, for "Construction of Facilities",
including land acquisition, as follows:
(1) Construction of Space Station Processing Facility, Kennedy
Space Center, $24,000,000.
(2) Modifications for Payload Operations, Integration Center,
Marshall Space Flight Center, $1,800,000.
(3) Replacement of Aircraft Operations Support Facilities,
Johnson Space Center, $1,600,000.
(4) Modification of Electrical and Mechanical System, Utility
Annex, Kennedy Space Center, $4,400,000.
(5) Rehabilitation of Explosive Safe Area-60 High Bays Support
System, Kennedy Space Center, $2,000,000.
(6) Rehabilitation of LC-39 Area Fire Alarm Reporting System,
Kennedy Space Center, $4,300,000.
(7) Replacement of Boiler House Components, Michoud Assembly
Facility, $2,300,000.
(8) Restoration of High Pressure Gas Facility, Stennis Space
Center, $6,800,000.
(9) Rehabilitation of Crawlerway, Kennedy Space Center,
$2,000,000.
(10) Rehabilitation of Information and Electronic Systems
Laboratory, Marshall Space Flight Center, $5,000,000.
(11) Rehabilitation and Expansion of Communications Duct Banks,
Kennedy Space Center, $1,500,000.
(12) Replacement of Central Plant Chilled Water Equipment,
Johnson Space Center, $4,000,000.
(13) Restoration of Underground Communications Distribution
System, Stennis Space Center, $2,200,000.
(14) Restoration/Modernization of Electrical Distribution
System, Goddard Space Flight Center, $4,500,000.
(15) Modernization of Unitary Plan Wind Tunnel Complex, Ames
Research Center, $8,000,000.
(16) Modifications to 14- by 22-foot Subsonic Wind Tunnel,
Langley Research Center, $2,200,000.
(17) Repair and Modernization of the 12-foot Pressure Wind
Tunnel, Ames Research Center, $21,400,000.
(18) Rehabilitation of Icing Research Tunnel, Lewis Research
Center, $2,700,000.
(19) Modernization of 16-foot Transonic Tunnel, Langley
Research Center, $3,600,000.
(20) Rehabilitation of Central Air System, Lewis Research
Center, $12,200,000.
(21) Construction of 34-meter Multifrequency Antenna, Canberra,
Australia, Jet Propulsion Laboratory, $15,600,000.
(22) Constrction of 34-meter Multifrequency Antenna, Madrid,
Spain, Jet Propulsion Laboratory, $16,200,000.
(23) Restoration and Modernization of Infrared Telescope
Facility, Mauna Kea, Hawaii, $2,000,000.
(24) Construction of Earth Observing System Data Information
System Facility, Goddard Space Flight Center, $22,300,000.
(25) Construction of Advanced Solid Rocket Motor Facilities
(various locations), $165,000,000.
(26) Repair of facilities at various locations, not in excess
of $1,000,000 per project, $31,900,000.
(27) Rehabilitation and modification of facilities at various
locations, not in excess of $1,000,000 per project, $34,000,000.
(28) Minor construction of new facilities and additions to
existing facilities at various locations, not in excess of
$750,000 per project, $14,000,000.
(29) Environmental Compliance and Restoration Program,
$40,000,000.
(30) Facility Planning and Design, $26,700,000.
Notwithstanding paragraphs (1) through (30), the total amount authorized
to be appropriated under this subsection shall not exceed $479,200,000.
(d) RESEARCH AND PROGRAM MANAGEMENT. -- There are authorized to be
appropriated to the National Aeronautics and Space Administration to
become available October 1, 1992, for "Research and Program Management"
$1,654,000,000.
(e) INSPECTOR GENERAL. -- There are authorized to be appropriated to
the National Aeronautics and Space Administration to become available
October 1, 1992, for "Inspector General" $15,900,000.
(f) REPORTS ON NEW LAUNCH SYSTEM AND EXPENDABLE LAUNCH VEHICLES. --
(1) Within 180 days after the date of enactment of this Act, the
Administrator of the National Aeronautics and Space Administration
(hereinafter referred to as the "Administrator") shall submit to
Congress a report setting forth requirements for a New Launch System,
including --
(A) a comparison of the New Launch System to existing launch
systems in terms of cost, operability, safety, resilience and
robustness, and ability to compete in the world launch market;
(B) a cost/benefits analysis and 10-year life cycle cost
estimate of the New Launch System, including development costs to
be borne by each participating agency, and expected operating
costs;
(C) a payload traffic model, including commercial and both
civil government and military payloads in production as of the
date of enactment of this Act, those approved by Congress as of
the date of enactment of this Act, and those expected to be
requested of Congress;
(D) a technology development plan, including --
(i) a summary of high-risk technologies that will lower
life-cycle costs;
(ii) specific benchmarks which can validate the achievement of
such technological goals at discrete programmatic milestones
during the development phase of the program; and
(iii) an indication of how the accomplishment of technological
milestones will relate to the achievement of overall system
performance during the operational phase;
(E) an implementation plan describing how the New Launch System
will be phased into operational usage at the National Launch
Ranges and the overlap with existing systems at those Ranges; and
(F) a detailed comparison, including specific cost, payload,
and risk assessments, of the New Launch System to other potential
launch technologies, whose services could be procured in a
commercial manner by the National Aeronautics and Space
Administration.
(2) Within 180 days after the date of enactment of this Act, the
Administrator shall submit to Congress a report on possible steps to
improve the efficiency and availability of United States expendable
launch vehicles, including Scout, Delta, Atlas, and Titan, through
modernization of facilities, infrastructure improvements, improved
management, new or modified procedures, and otherwise.
(g) EARTH OBSERVING SYSTEM. "42 USC 2451 note" -- (1) The
Administrator shall carry out an Earth Observing System program that
addresses the highest priority international climate change research
goals as defined by the Committee on Earth and Environmental Sciences
and the Intergovernmental Panel on Climate Change.
(2)(A) Within 180 days after the date of enactment of this Act, the
Administrator shall submit to Congress a plan which will ensure that the
highest priority measurements are maintained on schedule to the greatest
extent practicable while lower priority measurements are deferred,
deleted, or obtained through other means.
(B) Within 90 days after the date of enactment of this Act, the Core
System of the Earth Observing System Data and Information System, the
Administrator shall submit to Congress a Development Plan which --
(i) identifies the highest risk elements of the development
effort and the key advanced technologies required to significantly
increase scientific productivity;
(ii) provides a plan for the development of one or more
prototype systems for use in reducing the development risk of
critical system elements and obtaining feedback for scientific
users;
(iii) provides a plan for research into key advanced
technologies;
(iv) identifies sufficient resources for carrying out the
Development Plan; and
(v) identifies how the Earth Observing System Data Information
System will connect to and utilize other federally-supported
research networks, including the National Research and Education
Network.
(h) REPORT ON SPACE TRANSPORTATION ENHANCEMENT. -- By September 30,
1993, the Administrator shall submit to Congress a full report outlining
the specific actions recommended under subsection (b)(2).
SEC. 201. USE OF FUNDS FOR CERTAIN ITEMS AND GRANTS.
(a) AUTHORIZED USES. -- Appropriations authorized under this Act for
"Research and Development" and "Space Flight, Control and Data
Communications" may be used for --
(1) any items of a capital nature (other than acquisition of
land) which may be required at locations other than installations
of the National Aeronautics and Space Administration for the
performance of research and development contracts; and
(2) grants to nonprofit institutions of higher education, or to
nonprofit organizations whose primary purpose is the conduct of
scientific research, for purchase or construction of additional
research facilities.
(b) VESTING OF TITLE; GRANT CONDITIONS. -- Title to facilities
described in subsection (a)(2) shall be vested in the United States
unless the Administrator determines that the national program of
aeronautical and space activities will best be served by vesting title
in the grantee institution or organization. Each grant under subsection
(a)(2) shall be made under such conditions as the Administrator shall
determine to be required to ensure that the United States will receive
therefrom benefits adequate to justify the making of that grant.
(c) LIMITATION. -- None of the funds appropriated for "Research and
Development" and "Space Flight, Control, and Data Communications"
pursuant to this Act may be used in accordance with this section for the
construction of any facility, the estimated cost of which, including
collateral equipment, exceeds $750,000 unless the Administrator has
notified the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of the House
of Representatives of the nature, location, and estimated cost of such
facility.
SEC. 202. "42 USC 2459a" AVAILABILITY OF APPROPRIATED AMOUNTS.
Appropriations authorized under this Act for "Research and
Development", for "Space Flight, Control, and Data Communications", or
for "Construction of Facilities" may remain available until expended.
Contracts may be entered into under "Inspector General" and "Research
and Program Management" for training, investigations and costs
associated with personnel relocation and for other services provided
during the fiscal year following the fiscal year in which funds are
appropriated.
SEC. 203. LIMITED USE OF FUNDS.
(a) USE FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY EXPENSES. --
Appropriations authorized under this Act for "Research and Development"
may be used, but not to exceed $35,000, for scientific consultations or
extraordinary expenses upon the approval or authority of the
Administrator, and the Administrator's determination shall be final and
conclusive upon the accounting officers of the Government.
(b) USE FOR FACILITIES. -- (1) Appropriations authorized under this
Act for "Research and Development" and "Space Flight, Control, and Data
Communications" may be used for the construction of new facilities and
additions to, repair of, rehabilitation of, or modification of existing
facilities, except that the cost of each such project, including
collateral equipment, shall not exceed $200,000.
(2) Appropriations authorized under this Act for "Research and
Development" and "Space Flight, Control, and Data Communications" may be
used for unforeseen programmatic facility project needs, except that the
cost of each such project, including collateral equipment, shall not
exceed $750,000.
(3) Appropriations authorized under this Act for "Research and
Development" may be used for repair, rehabilitation, or modification of
facilities controlled by the General Services Administration, except
that the cost of each project, including collateral equipment, shall not
exceed $500,000.
SEC. 204. REPROGRAMMING FOR TRANSATMOSPHERIC RESEARCH AND
TECHNOLOGY.
The Administrator may reprogram up to $45,000,000 of the amount
authorized for "Research and Development" for fiscal year 1993 to use
for the purposes described in section 102(a)(13). No such funds may be
obligated until a period of 30 days has passed after the Administrator
has notified the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science, Space, and Technology of the
House of Representatives of such reprogramming.
SEC. 205. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES.
Appropriations authorized under this Act for "Construction of
Facilities" --
(1) in the discretion of the Administrator or the
Administrator's designee, may be varied upward by 10 percent; or
(2) following a report by the Administrator or the
Administrator's designee to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives on the
circumstances of such action, may be varied upward by 25 percent,
to meet unusual cost variations.
The total amount authorized to be appropriated for "Construction of
Facilities" shall not be increased as a result of actions authorized
under paragraphs (1) and (2).
SEC. 206. SPECIAL REPROGRAMMING AUTHORITY FOR CONSTRUCTION OF
FACILITIES.
Where the Administrator determines that new developments or
scientific or engineering changes in the national program of
aeronautical and space activities have occurred; and that such changes
require the use of additional funds for the purposes of construction,
expansion, or modification of facilities at any location; and that
deferral of such action until the enactment of the next authorization
Act would be inconsistent with the interest of the Nation in
aeronautical and space activities; the Administrator may transfer not
to exceed one-half of 1 percent of the funds appropriated pursuant to
section 102(a) and (b) to the "Construction of Facilities" appropriation
for such purposes. The Administrator may also use up to $10,000,000 of
the amounts authorized under section 102(c) for such purposes. The
funds so made available pursuant to this section may be expended to
acquire, construct, convert, rehabilitate, or install permanent or
temporary public works, including land acquisition, site preparation,
appurtenances, utilities, and equipment. No such funds may be obligated
until a period of thirty days has passed after the Administrator or the
Administrator's designee has transmitted to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives a written report
describing the nature of the construction, its cost, and the reasons
therefor.
SEC. 207. CONSIDERATION BY COMMITTEES.
Notwithstanding any other provision of this Act --
(1) no amount appropriated pursuant to this Act may be used for
any program deleted by the Congress from requests as originally
made to either the Committee on Commerce, Science, and
Transportation of the Senate or the Committee on Science, Space,
and Technology of the House of Representatives;
(2) no amount appropriated pursuant to this Act may be used for
any program in excess of the amount actually authorized for that
particular program by section 102(a), (b), and (d); and
(3) no amount appropriated pursuant to this Act may be used for
any program which has not been presented to either such committee,
unless a period of 30 days has passed after the receipt, by each such
committee, of notice given by the Administrator or the Administrator's
designee containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
such proposed action. The National Aeronautics and Space Administration
shall keep the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science, Space, and Technology of the House
of Representatives fully and currently informed with respect to all
activities and responsibilities within the jurisdiction of those
committees. Any Federal department, agency, or independent
establishment shall furnish any information requested by either
committee relating to any such activity or responsibility.
SEC. 208. LIMITATION ON OBLIGATION OF UNAUTHORIZED APPROPRIATIONS.
Not later than 30 days after the later of the date of enactment of an
Act making appropriations to the National Aeronautics and Space
Administration for fiscal year 1993 or the date of enactment of this
Act, the Administrator shall submit a report to Congress and to the
Comptroller General which specifies --
(1) the portion of such appropriations which are for programs,
projects, or activities not specifically authorized under this
Act, or which are in excess of amounts authorized for the relevant
program, project, or activity under this Act; and
(2) the portion of such appropriations which are specifically
authorized under this Act.
SEC. 209. "42 USC 2459 note" GEOGRAPHICAL DISTRIBUTION.
It is the sense of the Congress that it is in the national interest
that consideration be given to geographical distribution of Federal
research funds whenever feasible, and that the National Aeronautics and
Space Administration should explore ways and means of distributing its
research and development funds whenever feasible.
SEC. 210. "42 USC 2473 note" TRANSMISSION OF BUDGET ESTIMATES.
The Administrator shall, at the time of submission of the President's
annual budget, transmit to the Congress --
(1) a five-year budget detailing the estimated development
costs for each individual program under the jurisdiction of the
National Aeronautics and Space Administration for which
development costs are expected to exceed $200,000,000; and
(2) an estimate of the life-cycle costs associated with each
such program.
SEC. 211. COMMERCIAL SPACE LAUNCH ACT AUTHORIZATION.
Section 24 of the Commercial Space Launch Act (49 App. U.S.C. 2623)
is amended --
(1) by striking "1992" and all that follows through "(2)" and
inserting in lieu thereof "1993."; and
(2) by adding at the end the following: "There are authorized
to be appropriated to the Secretary for fiscal year 1993
$4,900,000 to carry out this Act. The Secretary may not collect
any user fees for any regulatory or other services conducted
pursuant to this Act, unless specifically authorized by this
Act.".
SEC. 212. "42 USC 2274 note" NATIONAL SPACE COUNCIL AUTHORIZATION.
There are authorized to be appropriated to carry out the activities
of the National Space Council established by section 501 of the National
Aeronautics and Space Administration Authorization Act, Fiscal Year 1989
(42 U.S.C. 2471), $1,598,000 for fiscal year 1993, of which not more
than $1,000 shall be available for official reception and representation
expenses. The National Space Council shall reimburse other agencies for
not less than one-half of the personnel compensation costs of
individuals detailed to it.
SEC. 213. OFFICE OF SPACE COMMERCE AUTHORIZATION.
There are authorized to be appropriated to the Secretary of Commerce
for the Office of Space Commerce $515,000 for fiscal year 1993.
SEC. 214. LAUNCH TECHNOLOGY STUDIES.
(a) REPORT ON SINGLE STAGE ROCKET TECHNOLOGY FLIGHT TEST PROGRAM. --
Not later than 45 days following completion of the Strategic Defense
Initiative Organization's Single Stage Rocket Technology flight test
program, the Administrator shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of Representatives providing
an independent analysis of the program and the potential application of
this launch technology to the civil space program.
(b) NATIONAL AEROSPACE TRANSPORTATION TECHNOLOGY PLAN. -- Not later
than 180 days after the date of enactment of this Act, the National
Space Council, in consultation with the Administrator, shall submit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Science, Space, and Technology of the House of
Representatives a national aerospace transportation technology plan.
The plan shall consider --
(1) the needs of the National Aeronautics and Space
Administration and other agencies for a hypersonic research flight
vehicle, including the National Aerospace Plan; and
(2) the relationship between the National Aerospace Plane and
the supersonic High Speed Civil Transport, the Single Stage Rocket
Technology Program, nuclear propulsion concepts, and other
proposed aeronautical and space transportation technology
concepts.
SEC. 215. SPACE AGENCY FORUM ON INTERNATIONAL SPACE YEAR.
(a) SENSE OF CONGRESS. -- It is the sense of Congress that --
(1) it is in the national interest that the Space Agency Forum
on International Space Year (in this section referred to as
"SAFISY") maintain its facilitating role in the coordination of
current and planned complementary Earth and space science research
findings so as to maximize scientific return;
(2) the initiative for multilateral scientific cooperation
among space agncies and international scientific organizations
undertaken by SAFISY should continue beyond 1992, the
International Space Year; and
(3) the National Aeronautics and Space Administration and the
National Oceanic and Atmospheric Administration should pursue
implementation of proposals for long-term multilateral scientific
cooperation developed during the International Space Year, notably
those contained in the report of the second Pacific ISY
Conference.
(b) REPORT TO CONGRESS. -- At the earliest practicable date, but not
later than September 1, 1993, the National Aeronautics and Space
Administration shall submit to Congress its plan for continuing SAFISY
activities, with particular reference to planned coordination of current
and future complementary Earth and space science research findings, and
other acts of multilateral scientific cooperation.
SEC. 216. CRAF/CASSINI MISSION.
Section 103(a)(1)(S) of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1991 (Public Law 101-611;
104 Stat. 3192), is repealed.
SEC. 217. COMPUTER NETWORKS.
Section 3 of the National Science Foundation Act of 1950 (42 U.S.C.
1862) is amended by adding at the end the following new subsection:
"(g) In carrying out subsection (a)(4), the Foundation is authorized
to foster and support access by the research and education communities
to computer networks which may be used substantially for purposes in
addition to research and education in the sciences and engineering, if
the additional uses will tend to increase the overall capabilities of
the networks to support such research and education activities.".
SEC. 218. "15 USC 5801 note" SPACE COOPERATION WITH THE FORMER
SOVIET REPUBLICS.
(a) REPORT TO CONGRESS. -- Within one year after the date of
enactment of this Act, the President shall submit to Congress a report
describing --
(1) the opportunities for increased space related trade with
the independent states of the former Soviet Union;
(2) a technology procurement plan for identifying and
evaluating all unique space hardware, space technology, and space
services available to the United States from the independent
states of the former Soviet Union, specifically including those
technologies the National Aeronautics and Space Administration has
identified as high priority in its Space Research and Technology
Integrated Technology Plan.
(3) the trade missions carried out pursuant to subsection (c),
including the private participation and the results of such
missions;
(4) the offices and accounts of the National Aeronautics and
Space Administration to which expenses for either cooperative
activities or procurement actions, involving the independent
states of the former Soviet Union, are charged;
(5) any barriers, regulatory or practical, that inhibit
space-related trade between the United States and the independent
states of the former Soviet Union, including such barriers in
either the United States or the independent states; and
(6) any anticompetitive issues raised by a potential
acquisition.
(b) NOTIFICATION TO CONGRESS. -- If any United States Government
agency denies a request for a license or other approval that may be
necessary to conduct discussions on space-related matters with the
independent states of the former Soviet Union, that agency shall
immediately notify the Speaker of the House of Representatives and
President of the Senate. Each such notification shall include a
statement of the reasons for the denial.
(c) ROLE OF THE OFFICE OF SPACE COMMERCE. -- The Office of Space
Commerce of the Department of Commerce is authorized and encouraged to
conduct trade missions to appropriate independent states of the former
Soviet Union for the purpose of familiarizing United States aerospace
industry representatives with space hardware, space technologies, and
space services that may be available from the independent states, and
with the business practices and overall business climate in the
independent states. The Office of Space Commerce shall also advise the
Administrator as to the impact on United States industry of each
potential acquisition of space hardware, space technology, or space
services from the independent states of the former Soviet Union,
specifically including any anticompetitive issues the Office may
observe.
SEC. 219. USE OF DOMESTIC PRODUCTS.
(a) COMPLIANCE WITH BUY AMERICAN ACT. -- (1) Except as provided in
paragraph (2), the head of each agency which conducts procurements shall
ensure that such procurements are conducted in compliance with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a through 10c,
popularly known as the "Buy American Act").
(2) This subsection shall apply only to procurements made for
which --
(A) amounts are authorized by this Act to be made available;
and
(B) solicitations for bids are issued after the date of
enactment of this Act.
(3) The Administrator, before January 1, 1994, shall report to
Congress on procurements covered by this subsection of products
that are not domestic products.
(b) INAPPLICABILITY IN CASE OF VIOLATION OF INTERNATIONAL AGREEMENT.
-- This section shall not apply to the extent that the United States
Trade Representative determines that an award under this section would
be in violation of the General Agreement on Tariffs and Trade or an
international agreement to which the United States is a party.
(c) DEFINITIONS. -- For the purposes of this section, the term
"domestic product" means a product --
(1) that is manufactured or produced in the United States; and
(2) at least 50 percent of the cost of the articles, materials,
or supplies of which are mined, produced, or manufactured in the
United States.
SEC. 220. "42 USC 2473d" USE OF ABANDONED AND UNDERUTILIZED
BUILDINGS, GROUNDS, AND FACILITIES.
(a) GENERAL RULE. -- In meeting the needs of the National
Aeronautics and Space Administration for additional facilities, the
Administrator shall investigate the use of abandoned and underutilized
buildings, grounds, and facilities in depressed communities that can be
converted to National Aeronautics and Space Administration facilities
and shall prioritize such uses where cost effective, as determined by
the Administrator.
(b) DEFINITION. -- For purposes of this section, the term "depressed
communities" means rural and urban communities that are relatively
depressed, in terms of age of housing, extent of poverty, growth of per
capita income, extent of unemployment, job lag, or surplus labor.
SEC. 221. STUDY OF USES OF TECHNICAL INFORMATION.
The Administrator shall undertake a study of the extent to which
technical information developed by the National Aeronautics and Space
Administration, by itself or in cooperation with industry, academic, or
other government partners or contractors, is brought to market by
foreign aerospace firms or their subcontractors more quickly than by
United States companies. The Administrator shall report the results of
such study to Congress no later than October 1, 1993.
SEC. 222. "15 USC 313b" INSTITUTE FOR AVIATION WEATHER PREDICTION.
The Administrator of the National Oceanic and Atmospheric
Administration shall establish an Institute for Aviation Weather
Prediction. The Institute shall provide forecasts, weather warnings,
and other weather services to the United States aviation community. The
Institute shall expand upon the activities of the aviation unit
currently at the National Severe Storms Forecast Center in Kansas City,
Missouri, and shall be established in the Kansas City Missouri area.
The Administrator of the National Oceanic and Atmospheric Administration
shall provide a full and fair opportunity for employees at the National
Severe Storms Center to assume comparable duties and responsibilities
within the Institute.
SEC. 301. "42 USC 2467b note" SHORT TITLE.
This title may be cited as the "Experimental Program to Stimulate
Competitive Research on Space and Aeronautics Act".
SEC. 302. "42 USC 2467b note" FINDINGS.
Congress finds that --
(1) the report of the Advisory Committee on the Future of the
United States Space Program has provided a framework within which
a consensus on the goals of the space program can be developed;
(2) the National Aeronautics and Space Administration's space
science and applications, aeronautical research and technology,
and space research and technology programs will serve as the
fulcrum for future initiatives by the United States in civil space
and aviation;
(3) colleges and universities in many States are currently not
able to compete successfully for research grants awarded by the
National Aeronautics and Space Administration through its space
science and applications, aeronautical research and technology,
and space research and technology programs;
(4) balanced programs of space science and applications,
aeronautical research and technology, and space research and
technology should include initiatives designed to foster
competitive research capacity in all geographic areas of the
Nation; and
(5) by strengthening the competitive research capacity in those
geographic areas of the Nation which are not currently fully
competitive, the education and training of scientists and
engineers important to the future of the United States civil space
and aviation programs will be fostered.
SEC. 303. "42 USC 2467b note" POLICY.
It is the policy of the United States that --
(1) the Administrator, in planning for national programs in
space science and applications, aeronautical research, space
flight, and exploration, should ensure the resilience of the space
and aeronautics research infrastructure;
(2) a stable and balanced program of space science and
applications, aeronautical research and technology, and space
research and technology should include programs to assure that
geographic areas of the United States that currently do not
successfully participate in competitive space and aeronautical
research activities are enabled to become more competitive; and
(3) programs to improve competitive capabilities should be a
part of the research and the educational activities of the
National Aeronautics and Space Administration.
SEC. 304. "42 USC 2467b" REQUIREMENTS.
(a) COMPETITION. -- Making use of the existing infrastructure
established in eligible States by the National Science Foundation, the
Administrator shall conduct a merit grant competition among the eligible
States in areas of research important to the mission of the National
Aeronautics and Space Administration. With respect to a grant
application by an eligible State, the Administrator shall consider --
(1) the application's merit and relevance to the mission of the
National Aeronautics and Space Administration;
(2) the potential for the grant to serve as a catalyst to
enhance the ability of researchers in the State to become more
competitive for regular National Aeronautics and Space
Administration funding;
(3) the potential for the grant to improve the environment for
science, mathematics, and engineering education in the State; and
(4) the need to assure the maximum distribution of grants among
eligible States, consistent with merit.
(b) SUPPLEMENTAL GRANTS. -- The Administrator shall endeavor, where
appropriate, to supplement grants made under subsection (a) with such
grants for fellowships, traineeships, equipment, or instrumentation as
are available.
(c) ELIGIBLE STATES DEFINED. -- In this section, the term "eligible
State" means a State designated by the Administrator as eligible to
compete in the Foundation's Experimental Program to Stimulate
Competitive Research.
SEC. 305. "42 USC 2467b note" AUTHORIZATION OF APPROPRIATIONS.
In carrying out the programs listed in section 102(a), the
Administrator should ensure that up to $10,000,000 from the
appropriations authorized for "Research and Development", for fiscal
year 1993 are also used for purposes of establishing and developing an
Experimental Program to Stimulate Competitive Research on Space and
Aeronautics.
SEC. 401. ACQUISITION POLICY ASSESSMENT.
(a) ASSESSMENT. -- Within 180 days after the date of enactment of
this Act, the Administrator, in coordination as necessary with the
Office of Federal Procurement Policy and the Federal Acquisition
Regulation Council, shall carry out an assessment of the allocation of
risk between the National Aeronautics and Space Administration and its
contractors for future research and development contracts in order to
identify options for allocating risk for correction of defects in
materials and workmanship or other failures to conform to contract
requirements.
(b) CONTENTS. -- In carrying out the assessment required by
subsection (a), the Administrator shall consider --
(1) technical uncertainty, market dynamics, and equity to both
the National Aeronautics and Space Administration and the
contractor community;
(2) the use of positive fee incentives reflecting the level of
cost, schedule, and performance risk accepted by the contractor;
(3) the use of negative fee incentives, including provisions
providing for less than full cost recovery for work determined to
be defective in materials or workmanship or which otherwise fail
to conform to contract requirements;
(4) the appropriate use of rollovers;
(5) the appropriate use of retroactive award fee adjustments;
(6) the appropriate use of value engineering;
(7) the use of warranties to ensure that the end product or a
specified subproduct of a contract meets the performance
requirements of a contract;
(8) the recovery of costs for the replacement or correction of
articles which are defective in materials or workmanship, or which
otherwise fail to conform to contract requirements; and
(9) the appropriate use of performance-based contracting.
SEC. 402. PROMULGATION OF REGULATIONS.
Within one hundred and eighty days after the completion of the
acquisition policy assessment required by section 401, the
Administrator, in coordination as necessary with the Office of Federal
Procurement Policy, consistent with section 15 of the Office of Federal
Procurement Policy Act (41 U.S.C. 413), and the Federal Acquisition
Regulation Council, shall initiate a rulemaking proceeding under section
22 of such Act (41 U.S.C. 418b), on the administration of research and
development contracts which propose specific changes to National
Aeronautics and Space Administration Procurement Regulations and, as
necessary, Federal Acquisition Regulations to consider implementing the
recommendations of the assessment required by section 401, as well as --
(1) the establishment of policies and procedures for the use of
performance-based contracts, incorporating positive and/or
negative fee incentives to the maximum extent practicable; and
(2) the establishment of policies and procedures --
(A) for limiting the use of clauses of the Federal Acquisition
Regulations which otherwise obligate the Government to pay the
cost of correction of defects in materials and workmanship and
work which otherwise fails to conform to contract requirements,
and eliminating the use of such clauses where the defect or
failure is within the control of the contractor; and
(B) to provide for less than full cost recovery for work
determined to be defective in materials and workmanship or which
otherwise fails to conform to contract requirements.
SEC. 403. DEFINITIONS.
For the purposes of this title --
(1) the term "performance-based contracting" means structuring
all aspects of an acquisition around the purpose of the work to be
performed as opposed to either the manner by which the work is to
be performed or broad statements of work;
(2) the term "positive fee incentive" means that element of the
potential total remuneration that a contractor may receive for
contract performance over and above the allowable costs;
(3) the term "negative fee incentive" means a rebate payable to
the National Aeronautics and Space Administration by a contracting
party whose deliverable item or service is not in conformance with
contract requirements or is otherwise deemed to be defective work;
and
(4) the term "rollover" means the act of reallocating any
positive fee incentives not earned by a contractor due to less
than excellent performance to subsequent opportunities for award
available in the contract.
SEC. 501. "15 USC 5801" FINDINGS.
The Congress finds that --
(1) commercial activities of the private sector have
substantially contributed to the strength of both the United
States space program and the national economy;
(2) a robust United States space transportation capability
remains a vital cornerstone of the United States space program;
(3) the availability of commercial launch services is essential
for the continued growth of the United States commercial space
sector;
(4) a timely extension of the excess third party claims payment
provisions of the Commercial Space Launch Act is appropriate and
necessary to enable the private sector to continue covering
maximum probable liability risks while protecting the private
sector from uninsurable levels of liability which could hinder
international competitiveness;
(5) a program to demonstrate how recipients of Federal grants
can purchase launch services directly from the private sector has
the potential to improve the capabilities of the United States
commercial launch industry;
(6) improvements and additions to the Nation's space
transportation infrastructure contribute to a robust and cost
effective space transportation capability for both public sector
and private sector users;
(7) private sector use of available Government facilities on a
reimbursable basis contributes to a stronger commercial space
sector;
(8) the Federal Government should purchase space goods and
services which are commercially available, or could be made
available commercially in response to a Government procurement
request, whenever such goods or services meet Government mission
requirements in a cost effective manner;
(9) it is appropriate for the Government to act as an anchor
tenant for commercial space development projects which have a
reasonable potential to develop non-Federal markets and which meet
Federal needs in a cost effective manner; and
(10) the provision of compensation to commercial providers of
space goods and services for termination of contracts at the
convenience of the Government assists in enabling the private
sector to invest in space activities which are initially dependent
on Government purchases.
SEC. 502. "15 USC 5802" DEFINITIONS.
For the purpose of this title --
(1) the term "agency" means an executive agency as defined by
section 105 of title 5, United States Code;
(2) the term "anchor tenancy" means an arrangement in which the
United States Government agrees to procure sufficient quantities
of a commercial space product or service needed to meet Government
mission requirements so that a commercial venture is made viable;
(3) the term "commercial" means having --
(A) private capital at risk, and
(B) primary financial and management responsibility for the
activity reside with the private sector;
(4) the term "cost effective" means costing no more than the
available alternatives, determined by a comparison of all related
direct and indirect costs including, in the case of Government
costs, applicable Government labor and overhead costs as well as
contractor charges, and taking into account the ability of each
alternative to accommodate mission requirements as well as the
related factors of risk, reliability, schedule, and technical
performance;
(5) the term "launch" means to place, or attempt to place, a
launch vehicle and its payload, if any, in a suborbital
trajectory, in Earth orbit in outer space, or otherwise in outer
space;
(6) the term "launch services" means activities involved in the
preparation of a launch vehicle and its payload for launch and the
conduct of a launch;
(7) the term "launch support facilities" means facilities
located at launch sites or launch ranges that are required to
support launch activities, including launch vehicle assembly,
launch vehicle operations and control, communications, flight
safety functions, and payload operations, control, and processing.
(8) the term "launch vehicle" means any vehicle constructed for
the purpose of operating in or placing a payload in, outer space
or in suborbital trajectories, and includes components of that
vehicle;
(9) the term "payload" means an object which a person
undertakes to launch, and includes subcomponents of the launch
vehicle specifically designed or adapted for that object;
(10) the term "payload integration services" means activities
involved in integrating multiple payloads into a single payload
for launch or integrating a payload with a launch vehicle;
(11) the term "space recovery support facilities" means
facilities required to support activities related to the recovery
of payloads returned from space to a space recovery site,
including operations and control, communications, flight safety
functions, and payload processing;
(12) the term "space transportation infrastructure" means
facilities, associated equipment, and real property, including
launch sites, launch support facilities, space recovery sites, and
space recovery support facilities, required to perform launch or
space recovery activities;
(13) the term "State" means the several States, the District of
Columbia, Puerto Rico, American Samoa, the United States Virgin
Islands, Guam, the Northern Mariana Islands, and any other
commonwealth, territory, or possession of the United States; and
(14) the term "United States" means the States, collectively.
SEC. 503. EXTENSION OF GOVERNMENT PAYMENT OF EXCESS THIRD PARTY
CLAIMS.
Section 16(b)(5) of the Commercial Space Launch Act (49 App. U.S.C.
2615(b)(5)) is amended by striking "the date that is five years
following the date of enactment of the Commercial Space Launch Act
Amendments of 1988" and inserting in lieu thereof "January 1, 2000".
SEC. 504. "15 USC 5803" LAUNCH VOUCHER DEMONSTRATION PROGRAM.
(a) COMMERCIAL SPACE VOUCHER DEMONSTRATION PROGRAM; EFFECTIVE
PERIOD. -- The Administrator shall establish a demonstration program to
award vouchers for the payment of commercial launch services and payload
integration services for the purpose of launching payloads funded by the
Office of Commercial Programs within the National Aeronautics and Space
Administration to become effective October 1, 1993. Such program shall
not be effective after September 30, 1995.
(b) AWARD OF VOUCHERS. -- The Administrator shall award vouchers
under subsection (a) to appropriate individuals as a part of grants
administered by the National Aeronautics and Space Administration for
the launch of --
(1) payloads to be placed in suborbital trajectories; and
(2) small payloads to be placed in orbit.
(c) ASSUMPTION OF CERTAIN RESPONSIBILITIES. -- In carrying out the
demonstration program established under subsection (a), the
Administrator, in awarding vouchers, is limited to the launch of
payloads funded by the Office of Commercial Programs within the National
Aeronautics and Space Administration.
(d) ASSISTANCE. -- The Administrator may provide voucher award
recipients with such assistance, including contract formulation and
technical support during the proposal evaluation, as may be necessary,
to ensure the purchase of cost effective and reasonably reliable
commercial launch services and payload integration services.
(e) REPORT. -- The Administrator shall conduct an ongoing review of
the program established under this section, and shall, not later than
January 31, 1995, report to Congress the results of such a review,
together with recommendations for further action relating to the
program.
SEC. 505. "15 USC 5804" SPACE TRANSPORTATION INFRASTRUCTURE MATCHING
GRANTS.
(a) DEFINITIONS. -- For the purposes of this section --
(1) the term "commercial space transportation infrastructure
development" may include --
(A) the construction or improvement of space transportation
infrastructure within the United States;
(B) the engineering and designing of such space transportation
infrastructure; and
(C) technical studies to define how new or enhanced space
transportation infrastructure can best meet the needs of the
United States commercial space transportation industry;
(2) the term "project" means a project (or separate projects
submitted together) for the accomplishment of commercial space
transportation infrastructure development, including the combined
submission of all projects to be undertaken at a particular site
in a fiscal year;
(3) the term "project grant" means a grant of funds by the
Secretary to a sponsor for the accomplishment of one or more
projects;
(4) the term "public agency" means a State or any agency of a
State, a municipality or other political subdivision of a State,
or a tax-supported organization;
(5) the term "Secretary" means the Secretary of Transportation;
and
(6) the term "sponsor" means any public agency which, either
individually or jointly with one or more other such entities,
submits to the Secretary, in accordance with this section, an
application for financial assistance for commercial space
transportation infrastructure development.
(b) ESTABLISHMENT OF GRANT PROGRAM. -- In order to ensure the
resiliency of the Nation's space transportation infrastructure, the
Secretary is authorized to make project grants to sponsors in accordance
with this section. There is authorized to be appropriated $10,000,000
for such grants beginning after September 30, 1992. Such funds shall
remain available until expended.
(c) SELECTION OF PROJECTS. -- (1) In selecting projects for grants
under subsection (b), the Secretary shall consider --
(A) the contribution of the proposed project to industry
capabilities which serve Federal space transportation needs;
(B) the extent of industry's financial contribution to the
proposed project;
(C) the extent of industry participation in the proposed
project;
(D) the positive impact of the proposed project on the
international competitiveness of the United States space
transportation industry;
(E) the extent of state contributions to the proposed project;
and
(F) the impact of the proposed project on launch operations and
other activities at Federal launch ranges.
(2) The Secretary shall consult with the Department of Defense, the
National Aeronautics and Space Administration, and other appropriate
Federal agencies concerning paragraph (1)(A) and (1)(F).
(3) The Secretary shall give preference to those applications with
greater levels of industry financial contributions, all other factors
being equal.
(d) SUBMISSION AND APPROVAL OF PROJECT GRANT APPLICATIONS. -- (1)
Any sponsor of a project may submit to the Secretary a project grant
application for one or more projects, in a form containing such
information as the Secretary may prescribe, setting forth the project
proposed to be undertaken.
(2) No project grant application shall be approved by the Secretary
unless the Secretary is satisfied that --
(A) the project will contribute to the purposes of this
section;
(B) the project is reasonably consistent with plans (existing
at the time of approval of the project) of public agencies which
are authorized by the State in which such project is located and
which are responsible for the development of the area surrounding
the project site;
(C) if the application proposes to use Federal Government
property, the specific consent of the appropriate Federal agency
head has been obtained;
(D) the project will be completed without undue delay;
(E) the sponsor which submitted the project grant application
has the legal authority to engage in the project as proposed; and
(F) all additional requirements prescribed by the Secretary
have been met.
(e) ENVIRONMENTAL REQUIREMENTS. -- (1) It is declared to be national
policy that projects authorized pursuant to this section shall provide
for the protection and enhancement of the natural resources and the
quality of the environment of the Nation. In implementing this policy,
the Secretary shall consult with the Secretary of the Interior and the
Administrator of the Environmental Protection Agency with regard to any
project included in a project grant application which may have a
significant impact on natural resources including, but not limited to,
fish and wildlife, natural, scenic, and recreational assets, water and
air quality, and other factors affecting the environment, and shall
authorize no such project found to have a significant adverse effect
unless the Secretary shall render a finding, in writing, following a
full and complete review, which shall be a matter of public record, that
no feasible and prudent alternative exists and that all reasonable steps
have been taken to minimize such adverse effect.
(2)(A) No project grant application may be approved by the Secretary
unless the sponsor of the project certifies to the Secretary that there
has been afforded the opportunity for public hearing for the purpose of
considering the economic, social, and environmental effects of the
project and its consistency with the goals of objectives of such
planning as had been carried out by the community.
(B) When hearings are held under paragraph (2)(A), the project
sponsor shall submit a copy of the transcript to the Secretary.
(3) No project grant application may be approved unless the Governor
of the State in which such project is to be located certifies in writing
to the Secretary that there is reasonable assurance that the project
will be located, designed, constructed, and operated so as to comply
with applicable air and water quality standards. In any case where such
standards have not been promulgated by the Administrator of the
Environmental Protection Agency, certification shall be obtained from
such Administrator. Notice of certification or refusal to certify shall
be provided within 60 days after the project application has been
received by the Secretary.
(4) The Secretary shall condition approval of any such project grant
application on compliance during construction and operation with
applicable air and water quality standards.
(5) The Secretary is authorized in connection with any project to
require a certification from a sponsor that such sponsor will comply
with all of the statutory and administrative requirements imposed on
such sponsor under this section in connection with such project.
Acceptance by the Secretary of a certification from a sponsor may be
rescinded by the Secretary at any time. Nothing in this paragraph shall
affect or discharge any responsibility or obligation of the Secretary
under any other Federal law, including, but not limited to, the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 4(f)
of the Department of Transportation Act (49 App. U.S.C. 1652), title VI
of the Civil Rights Act of 1964 (42 U.S.C. 2000d), title VIII of the Act
of April 11, 1968 (42 U.S.C. 3601 et seq.), and the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
(f) ALLOCATION OF PROJECT COSTS. -- (1) The project grant for any
project under this section shall not exceed 50 percent of the total cost
of such project.
(2) No project grant shall be awarded under this section for any
project for which less than 10 percent of the total cost of such project
will be borne by the private sector.
SEC. 506. "15 USC 5805" IDENTIFICATION OF LAUNCH SUPPORT FACILITIES.
(a) IDENTIFICATION. -- The Administrator and the Secretary of
Defense, as appropriate, in coordination with the Secretary of
Transportation, shall conduct an inventory and identify all launch
support facilities owned by the United States Government. To the extent
practicable, the Administrator and the Secretary of Defense shall also
identify any launch support facilities which could be made available for
use by non-Federal entities on a reimbursable basis without interfering
with Federal activities.
(b) REPORT TO CONGRESS. -- Not later than 1 year after the date of
enactment of this Act, the Administrator and the Secretary of Defense
each shall submit to Congress a report containing the results of the
identification required under subsection (a). Portions of such report
may be classified and protected from public disclosure if such
classification is necessary to protect national security.
SEC. 507. "15 USC 5806" ANCHOR TENANCY AND TERMINATION LIABILITY.
(a) ANCHOR TENANCY CONTRACTS. -- Subject to appropriations, the
Administrator or the Administrator of the National Oceanic and
Atmospheric Administration may enter into multiyear anchor tenancy
contracts for the purchase of a good or service if the appropriate
Administrator determines that --
(1) the good or service meets the mission requirements of the
National Aeronautics and Space Administration or the National
Oceanic and Atmospheric Administration, as appropriate;
(2) the commercially procured good or service is cost
effective;
(3) the good or service is procured through a competitive
process;
(4) existing or potential customers for the good or service
other than the United States Government have been specifically
identified;
(5) the long-term viability of the venture is not dependent
upon a continued Government market or other nonreimbursable
Government support; and
(6) private capital is at risk in the venture.
(b) TERMINATION LIABILITY. -- (1) Contracts entered into under
subsection (a) may provide for the payment of termination liability in
the event that the Government terminates such contracts for its
convenience.
(2) Contracts that provide for the payment of termination liability,
as described in paragraph (1), shall include a fixed schedule of such
termination liability payments. Liability under such contracts shall
not exceed the total payments which the Government would have made after
the date of termination to purchase the good or service if the contract
were not terminated.
(3) Subject to appropriations, funds available for such termination
liability payments may be used for purchase of the good or service upon
successful delivery of the good or service pursuant to the contract. In
such case, sufficient funds shall remain available to cover any
remaining termination liability.
(c) LIMITATIONS. -- (1) Contracts entered into under this section
shall not exceed 10 years in duration.
(2) Such contracts shall provide for delivery of the good or service
on a firm, fixed price basis.
(3) To the extent practicable, reasonable performance specifications
shall be used to define technical requirements in such contracts.
(4) In any such contract, the appropriate Administrator shall reserve
the right to completely or partially terminate the contract without
payment of such termination liability because of the contractor's actual
or anticipated failure to perform its contractual obligations.
SEC. 508. "15 USC 5807" USE OF GOVERNMENT FACILITIES.
(a) AUTHORITY. -- Federal agencies, including the National
Aeronautics and Space Administration and the Department of Defense, may
allow non-Federal entities to use their space-related facilities on a
reimbursable basis if the Administrator, the Secretary of Defense, or
the appropriate agency head determines that --
(1) the facilities will be used to support commercial space
activities;
(2) such use can be supported by existing or planned Federal
resources;
(3) such use is compatible with Federal activities;
(4) equivalent commercial services are not available on
reasonable terms; and
(5) such use is consistent with public safety, national
security, and international treaty obligations.
In carrying out paragraph (5), each agency head shall consult with
appropriate Federal officials.
(b) REIMBURSEMENT PAYMENT. -- (1) The reimbursement referred to in
subsection (a) may be an amount equal to the direct costs (including
salaries of United States civilian and contractor personnel) incurred by
the United States as a result of the use of such facilities by the
private sector. For the purposes of this paragraph, the term "direct
costs" means the actual costs that can be unambiguously associated with
such use, and would not be borne by the United States Government in the
absence of such use.
(2) The amount of any payment received by the United States for use
of facilities under this subsection shall be credited to the
appropriation from which the cost of providing such facilities was paid.
SEC. 509. PROTECTION OF INFORMATION DEVELOPED UNDER SPACE ACT
AGREEMENTS.
Section 303 of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2454) is amended --
(1) by inserting "(a)" after "SEC. 303";
(2) by striking "and (B)" and inserting in lieu thereof "(B)";
(3) by inserting ", and (C) information described in subsection
(b)" after "national security"; and
(4) by adding at the end the following new subsection:
"(b) The Administrator, for a period of up to 5 years after the
development of information that results from activities conducted under
an agreement entered into under section 203(c)(5) and (6) of this Act,
and that would be a trade secret or commercial or financial information
that is privileged or confidential under the meaning of section
552(b)(4) of title 5, United States Code, if the information had been
obtained from a non-Federal party participating in such an agreement,
may provide appropriate protections against the dissemination of such
information, including exemption from subchapter II of chapter 5 of
title 5, United States Code.".
SEC. 510. "15 USC 5808" COMMERCIAL SPACE ACHIEVEMENT AWARD.
(a) ESTABLISHMENT. -- There is established a Commercial Space
Achievement Award. The award shall consist of a medal, which shall be
of such design and materials and bear such inscriptions as determined by
the Secretary of Commerce. A cash prize may also be awarded if funding
for the prize is available under subsection (d).
(b) CRITERIA FOR AWARD. -- The Secretary of Commerce shall
periodically make, and the Chairman of the National Space Council shall
present, awards under this section to individuals, corporations,
corporate divisions, or corporate subsidiaries substantially engaged in
commercial space activities who in the opinion of the Secretary of
Commerce best meet the following criteria:
(1) For corporate entities, at least one-half of the revenues
from the space-related activities of the corporation, division, or
subsidiary is derived from sources other than the United States
Government.
(2) The activities and achievements of the individual,
corporation, division, or subsidiary have substantially
contributed to the United States gross national product and the
stature of United States industry in international markets, with
due consideration for both the economic magnitude and the
technical quality of the activities and achievements.
(3) The individual, corporation, division, or subsidiary has
substantially advanced space technology and space applications
directly related to commercial space activities.
(c) LIMITATIONS. -- No individual or corporate entity may receive an
award under this section more than once every 5 years.
(d) FUNDING FOR AWARD. -- The Secretary of Commerce may seek and
accept gifts of money from public and private sources for the purpose of
making cash prize awards under this section. Such money may be used
only for that purpose, only such money may be used for that purpose, and
the Secretary of Commerce shall make publicly available an itemized list
of the sources of such funding.
SEC. 601. "42 USC 2487" FINDINGS.
The Congress finds that --
(1) the space program can make significant contributions to
selected areas of health-related research and should be an
integral part of the Nation's health research and development
program;
(2) the continuing development of trained scientists and
engineers is essential to carrying out an effective and sustained
program of biomedical research in space and on the ground;
(3) the establishment and maintenance of an electronically
accessible archive of data on space-related biomedical research is
essential to advancement of the field;
(4) cooperation with the republics of the former Soviet Union,
including use of former Soviet orbital facilities, offers the
potential for greatly enhanced biomedical research activities and
progress; and
(5) the establishment and maintenance of an international
telemedicine consultation satellite capability to support
emergency medical service provision can provide an important aid
to disaster relief efforts.
SEC. 602. "42 USC 2487a" BIOMEDICAL RESEARCH JOINT WORKING GROUP.
(a) ESTABLISHMENT. -- The Administrator and the Director of the
National Institutes of Health shall jointly establish a working group to
coordinate biomedical research activities in areas where a microgravity
environment may contribute to significant progress in the understanding
and treatment of diseases and other medical conditions. The joint
working group shall formulate joint and complementary programs in such
areas of research.
(b) MEMBERSHIP. -- The joint working group shall include equal
representation from the National Aeronautics and Space Administration
and the National Institutes of Health, and shall include representation
from National Institutes of Health councils, as selected by the Director
of the National Institutes of Health, and from the National Aeronautics
and Space Administration Advisory Council.
(c) ANNUAL REPORTING REQUIREMENT. -- The joint working group shall
report annually to Congress on its progress in carrying out this
section.
(d) ANNUAL BIOMEDICAL RESEARCH SYMPOSIA. -- The working group shall
organize annual symposia on biomedical research described in subsection
(a) under the joint sponsorship of the National Aeronautics and Space
Administration and the National Institutes of Health.
SEC. 603. "42 USC 2487b" BIOMEDICAL RESEARCH GRANTS.
(a) ESTABLISHMENT OF PROGRAM. -- The Administrator and the Director
of the National Institutes of Health shall establish a joint program of
biomedical research grants in areas described in section 602(a), where
such research requires access to a microgravity environment. Such
program shall be consistent with actions taken by the joint working
group under section 602.
(b) RESEARCH OPPORTUNITY ANNOUNCEMENTS. -- The grants program
established under subsection (a) shall annually issue joint research
opportunity announcements under the sponsorship of the National
Institutes of Health and the National Aeronautics and Space
Administration. Responses to the announcements shall be evaluated by a
peer review committee whose members shall be selected by the Director of
the National Institutes of Health and the Administrator, and shall
include individuals not employed by the National Aeronautics and Space
Administration or the National Institutes of Health.
SEC. 604. "42 USC 2487c" BIOMEDICAL RESEARCH FELLOWSHIPS.
The Administrator and the Director of the National Institutes of
Health shall create a joint program of graduate research fellowships in
biomedical research described in section 602(a). Fellowships under such
program may provide for participation in approved research conferences
and symposia.
SEC. 605. "42 USC 2487d" JOINT FORMER SOVIET UNION STUDIES IN
BIOMEDIAL RESEARCH.
The Administrator, in consultation with the Director of the National
Institutes of Health, shall, as soon as practicable, establish and
submit to Congress a plan for the conduct of joint biomedical research
activities by the republics of the former Soviet Union and the United
States, including the use of the United States Space Shuttle and former
Soviet orbital facilities such as the Mir space station.
SEC. 606. "42 USC 2487e" ESTABLISHMENT OF AN ELECTRONIC DATA
ARCHIVE.
The Administrator shall create and maintain a national electronic
data archive for biomedical research data obtained from space-based
experiments.
SEC. 607. "42 USC 2487f" ESTABLISHMENT OF EMERGENCY MEDICAL SERVICE
TELEMEDICINE CAPABILITY.
The Administrator shall with the Director of the Federal Emergency
Management Agency, the Director of the Office of Foreign Disaster, and
the Surgeon General of the United States jointly create and maintain an
international telemedicine satellite consultation capability to support
emergency medical services in disaster-stricken areas.
SEC. 608. "42 USC 2487g" AUTHORIZATION OF APPROPRIATIONS.
The Administrator should ensure that up to $3,750,000 from the
appropriations authorized for "Research and Development" for fiscal year
1993 are also used to carry out this title.
Approved November 4, 1992.
LEGISLATIVE HISTORY -- H.R. 6135:
CONGRESSIONAL RECORD, Vol. 138 (1992): Oct. 5, considered and passed
House. Oct. 7, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): Nov.
4, Presidential statement.
Public Law 102-587, 106 Stat. 5039
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 1431 note" SHORT TITLE.
This Act may be cited as the "Oceans Act of 1992".
SEC. 1001. "16 USC 1823 note" APPROVAL OF AGREEMENT.
Notwithstanding section 203 of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1823), the governing international fishery
agreement between the Government of the United States of America and the
Government of the Republic of Estonia, as contained in the message to
Congress from the President of the United States dated June 24, 1992, is
approved by the Congress as a governing international fishery agreement
for the purposes of such Act and shall enter into force and effect with
respect to the United States on the date of enactment of this title.
SEC. 2001. "16 USC 1431 note" SHORT TITLE.
This title may be cited as the "National Marine Sanctuaries Program
Amendments Act of 1992".
SEC. 2101. FINDINGS, PURPOSES, AND POLICIES.
(a) FINDINGS. -- Section 301(a) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1431(a)) is amended --
(1) in paragraph (2) by inserting ", and in some cases
international," after "national";
(2) in paragraph (4) --
(A) by inserting ", research," after "conservation"; and
(B) by striking "and" after the semicolon at the end;
(3) in paragraph (5) by striking the period at the end and
inserting "; and"; and
(4) by adding at the end the following:
"(6) protection of these special areas can contribute to
maintaining a natural assemblage of living resources for future
generations.".
(b) PURPOSES AND POLICIES. -- Section 301(b) of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431(b)) is
amended to read as follows:
"(b) PURPOSES AND POLICIES. -- The purposes and policies of this
title are --
"(1) to identify and designate as national marine sanctuaries
areas of the marine environment which are of special national
significance;
"(2) to provide authority for comprehensive and coordinated
conservation and management of these marine areas, and activities
affecting them, in a manner which complements existing regulatory
authorities.
"(3) to support, promote, and coordinate scientific research
on, and monitoring of, the resources of these marine areas,
especially long-term monitoring and research of these areas;
"(4) to enhance public awareness, understanding, appreciation,
and wise use of the marine environment;
"(5) to facilitate to the extent compatible with the primary
objective of resource protection, all public and private uses of
the resources of these marine areas not prohibited pursuant to
other authorities;
"(6) to develop and implement coordinated plans for the
protection and management of these areas with appropriate Federal
agencies, State and local governments, Native American tribes and
organizations, international organizations, and other public and
private interests concerned with the continuing health and
resilience of these marine areas;
"(7) to create models of, and incentives for, ways to conserve
and manage these areas;
"(8) to cooperate with global programs encouraging conservation
of marine resources; and
"(9) to maintain, restore, and enhance living resources by
providing places for species that depend upon these marine areas
to survive and propagate.".
SEC. 2102. DEFINITIONS.
(a) MARINE ENVIRONEMENT. -- Section 302(3) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432(3)) is amended by
adding "including the exclusive economic zone," after "jurisdiction,".
(b) DAMAGES. -- Section 302(6) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1432(6)) is amended --
(1) in subparagraph (A)(ii) by striking "and" at the end;
(2) in subparagraph (B) by adding "and" at the end; and
(3) by adding at the end the following:
"(C) the reasonable cost of monitoring appropriate to the
injured, restored, or replaced resources,".
(c) RESPONSE COSTS. -- Section 302(7) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432(7)) is amended by
inserting "or authorized" after "taken".
(d) EXCLUSIVE ECONOMIC ZONE. -- Section 302 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432) is
amended (1) by striking the period at the end of paragraph (8) and
inserting "; and"; and (2) by adding after paragraph (8) the
following:
"(9) 'exclusive economic zone' means the exclusive economic
zone as defined in the Magnuson Fishery Conservation and
Management Act.".
(e) TECHNICAL CORRECTION. -- Section 302 of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1432) is amended --
(1) in paragraph (1) by striking "304(a)(1)(E)" and inserting
"304(a)(1)(C)(v)"; and
(2) in paragraph (5) by striking "and" after the semicolon.
SEC. 2103. SANCTUARY DESIGNATION STANDARDS.
(a) STANDARDS. -- Section 303(a)(2)(B) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433(a)(2)(B)) is
amended by inserting "or should be supplemented" after "inadequate".
(b) FACTORS AND CONSULTATIONS. --
(1) Section 303(b)(1)(A) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (16 U.S.C. 1433(b)(1)(A)) is amended
by inserting "maintenance of critical habitat of endangered
species," after "assemblages,"
(2) Section 303(b)(3) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1433(b)(3)) is amended --
(A) by inserting ", governmental," after "other commercial" and
inserting ", governmental," after "any commercial";
(B) by adding at the end the following: "The Secretary, in
consultation with the Secretary of Defense, the Secretary of
Energy, and the Administrator, shall draft a resource assessment
section for the report, including information on any past,
present, or proposed future disposal or discharge of materials in
the vicinity of the proposed sanctuary. Public disclosure by the
Secretary of such information shall be consistent with national
security regulations."; and
(C) by striking "304(a)(1)" and inserting "304(a)(2)".
SEC. 2104. PROCEDURES FOR DESIGNATION AND IMPLEMENTATION.
(a) SANCTUARY PROPOSAL. -- Section 304(a) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(a)) is amended --
(1) by striking "prospectus" whenever it appears and inserting
"documents";
(2) in paragraph (1)(C) by striking "a prospectus on the
proposal which shall contain --" and inserting "documents,
including an executive summary, consisting of --"; and
(B) by adding at the end: "The Secretary shall also cooperate
with other appropriate fishery management authorities with rights
or responsibilities within a proposed sanctuary at the earliest
practicable stage in drafting any sanctuary fishing regulations.".
(b) TAKING EFFECT OF DESIGNATIONS. -- Section 304(b) of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(b)) is
amended --
(1) in paragraph (1) by striking the dash after "unless" and
all that follows and inserting ", in the case of a national marine
sanctuary that is located partially or entirely within the seaward
boundary of any State, the Governor affected certifies to the
Secretary that the designation or any of its terms is
unacceptable, in which case the designation or the unacceptable
term shall not take effect in the area of the sanctuary lying
within the seaward boundary of the State.";
(2) in paragraph (2) --
(A) striking "paragraph (1) (A) or (B)" and inserting
"paragraph (1)";
(B) by striking "not disapproved under paragraph (1)(A) or";
and
(C) by striking "paragraph (1)(B)" and inserting "paragraph
(1)"; and
(3) by striking paragraph (3) and redesignating paragraph (4)
as paragraph (3).
(c) ACCESS AND VALID RIGHTS. -- Section 304(c)(1) of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434(c)(1))
is amended to read as follows:
"(1) Nothing in this title shall be construed as terminating or
granting to the Secretary the right to terminate any valid lease,
permit, license, or right of subsistence use or of access that is
in existence on the date of designation of any national marine
sanctuary.".
(d) INTERAGENCY COOPERATION; REVIEW OF MANAGEMENT PLAN. -- Section
304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16
U.S.C. 1434) is amended by adding at the end the following new
subsections:
"(d) INTERAGENCY COOPERATION. --
"(1) REVIEW OF AGENCY ACTIONS. --
"(A) IN GENERAL. -- Federal agency actions internal or
external to a national marine sanctuary, including private
activities authorized by licenses, leases, or permits, that are
likely to destroy, cause the loss of, or injure any sanctuary
resource are subject to consultation with the Secretary.
"(B) AGENCY STATEMENTS REQUIRED. -- Subject to any regulations
the Secretary may establish each Federal agency proposing an
action described in subparagraph (A) shall provide the Secretary
with a written statement describing the action and its potential
effects on sanctuary resources at the earliest practicable time,
but in no case later than 45 days before the final approval of the
action unless such Federal agency and the Secretary agree to a
different schedule.
"(2) SECRETARY'S RECOMMENDED ALTERNATIVES. -- If the Secretary
finds that a Federal agency action is likely to destroy, cause the
loss of, or injure a sanctuary resource, the Secretary shall
(within 45 days of receipt of complete information on the proposed
agency action) recommend reasonable and prudent alternatives,
which may include conduct of the action elsewhere, which can be
taken by the Federal agency in implementing the agency action that
will protect sanctuary resources.
"(3) RESPONSE TO RECOMMENDATIONS. -- The agency head who
receives the Secretary's recommended alternatives under paragraph
(2) shall promptly consult with the Secretary on the alternatives.
If the agency head decides not to follow the alternatives, the
agency head shall provide the Secretary with a written statement
explaining the reasons for that decision.
"(e) REVIEW OF MANAGEMENT PLANS. -- Not more than five years after
the date of designation of any national marine sanctuary, and thereafter
at intervals not exceeding five years, the Secretary shall evaluate the
substantive progress toward implementing the management plan and goals
for the sanctuary, especially the effectiveness of site-specific
management techniques, and shall revise the management plan and
regulations as necessary to fulfill the purposes and policies of this
title.".
SEC. 2105. APPLICATION OF REGULATIONS; INTERNATIONAL COOPERATION.
(a) ENFORCEABILITY; INTERNATIONAL COOPERATION. -- Section 305 of
the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1435) is amended --
(1) in subsection (a) --
(A) by striking "The" in the first sentence and inserting in
lieu thereof "This title and the"; and
(B) by inserting "or be enforced against" immediately after
"apply to"; and
(2) by adding at the end the following new subsection:
"(c) INTERNATIONAL COOPERATION. -- The Secretary, in consultation
with the Secretary of State and other appropriate Federal agencies,
shall cooperate with other governments and international organizations
in furtherance of the purposes and policies of this title and consistent
with applicable regional and multilateral arrangements for the
protection and management of special marine areas.".
(b) TECHNICAL AMENDMENT. -- The section heading for section 305 of
the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1435) is amended by striking all after "REGULATIONS" and inserting in
lieu thereof "; INTERNATIONAL NEGOTIATIONS AND COOPERATION.".
SEC. 2106. PROHIBITED ACTIVITIES.
Section 306 of the Marine Protection, Research and Sanctuaries Act of
1972 (16 U.S.C. 1436) is amended to read as follows:
SEC. 306. PROHIBITED ACTIVITIES.
"It is unlawful to --
"(1) destroy, cause the loss of, or injure any sanctuary
resource managed under law or regulations for that sanctuary;
"(2) possess, sell, deliver, carry, transport, or ship by any
means any sanctuary resource taken in violation of this section;
"(3) interfere with the enforcement of this title; or
"(4) violate any provision of this title or any regulation or
permit issued pursuant to this title.".
SEC. 2107. ENFORCEMENT.
(a) CIVIL PENALTIES. --
(1) Section 307(c)(1) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1437(c)(1)) is amended by
striking "$50,000" and inserting "$100,000".
(2) Section 307(c)(3) of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1437(c)(3)) is amended --
(A) by striking "and may be proceeded" and all that follows
through "jurisdiction"; and
(B) by adding at the end the following sentence: "Such penalty
shall constitute a maritime lien on the vessel and may be
recovered in an action in rem in the district court of the United
States having jurisdiction over the vessel.".
(b) PROCEEDS FROM CIVIL FORFEITURES. -- Section 307(d)(1) of the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1437(d)(1)) is amended by adding at the end the following new sentence:
"The proceeds from forfeiture actions under this subsection shall
constitute a separate recovery in addition to any amounts recovered as
civil penalties under this section or as civil damages under section
312. None of those proceeds shall be subject to set-off.".
(c) USE OF RECEIVED AMOUNTS. -- Section 307(e) of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437(e)) is
amended by striking paragraph (1) and inserting the following:
"(1) EXPENDITURES. --
"(A) Notwithstanding any other law, amounts received by the
United States as civil penalties, forfeitures of property, and
costs imposed under paragraph (2) shall be retained by the
Secretary in the manner provided for in section 107(f)(1) of the
Comprehensive Environmental Response, Compensation and Liability
Act.
"(B) Amounts received under this section for forfeitures and
costs imposed under paragraph (2) shall be used to pay the
reasonable and necessary costs incurred by the Secretary to
provide temporary storage, care, maintenance, and disposal of any
sanctuary resource or other property seized in connection with a
violation of this title or any regulation or permit issued under
this title.
"(C) Amounts received under this section as civil penalties and
any amounts remaining after the operation of subparagraph (B)
shall be used, in order of priroity, to --
"(i) manage and improve the national marine sanctuary with
respect to which the violation occurred that resulted in the
penalty or forfeiture;
"(ii) pay a reward to any person who furnishes information
leading to an assessment of a civil penalty, or to a forfeiture of
property, for a violation of this title or any regulation or
permit issued under this title; and
"(iii) manage and improve any other national marine
sanctuary.".
(d) CONFORMING AMENDMENT. -- Section 312(d) of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(d)) is
amended --
(1) by striking "and civil penalties under section 307";
(2) by striking paragraph (3); and by redesignating paragraph
(4) as paragraph (3).
(e) ENFORCEABILITY. -- Section 307 of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1437) is amended by
adding at the end the following new subsection:
"(j) AREA OF APPLICATION AND ENFORCEABILITY. -- The area of
application and enforceability of this title includes the territorial
sea of the United States, as described in Presidential Proclamation 5928
of December 27, 1988, which is subject to the sovereignty of the United
States, and the United States exclusive economic zone, consistent with
international law.".
SEC. 2108. RESEARCH, MONITORING, AND EDUCATION.
Section 309 of the Marine Protection, Research, and Sanctuaries Act
of 1972 (16 U.S.C. 1440) is amended to read as follows:
"SEC. 309. RESEARCH, MONITORING, AND EDUCATION.
"(a) IN GENERAL. -- The Secretary shall conduct research,
monitoring, evaluation, and education programs as are necessary and
reasonable to carry out the purposes and policies of this title.
"(b) PROMOTION AND COORDINATION OF SANCTUARY USE. -- The Secretary
shall take such action as is necessary and reasonable to promote and
coordinate the use of national marine sanctuaries for research,
monitoring, and education purposes. Such action may include consulting
with Federal agencies, States, local governments, regional agencies,
interstate agencies, or other persons to promote use of one or more
sanctuaries for research, monitoring, and education, including
coordination with the National Estuarine Research Reserve System.".
SEC. 2109. COOPERATIVE AGREEMENTS; DONATIONS, AND ACQUISITIONS.
"Section 311 of the Marine Protection, Research, and Sanctuaries Act
of 1972 (16 U.S.C. 1442) is amended to read as follows:
"SEC. 311. COOPERATIVE AGREEMENTS, DONATIONS, AND ACQUISITIONS.
"(a) COOPERATIVE AGREEMENTS, GRANTS AND OTHER AGREEMENTS. -- The
Secretary may enter into cooperative agreements, finncial agreements,
grants, contracts, or other agreements with States, local governments,
regional agencies, interstate agencies, or other persons to carry out
the purposes and policies of this title.
"(b) AUTHORIZATION TO SOLICIT DONATIONS. -- The Secretary may enter
into such agreements with any nonprofit organization authorizing the
organization to solicit private donations to carry out the purposes and
policies of this title.
"(c) DONATIONS. -- The Secretary may accept donations of funds,
property, and services for use in designating and administering national
marine sanctuaries under this title. Donations accepted under this
section shall be considered as a gift or bequest to or for the use of
the United States.
"(d) ACQUISITIONS. -- The Secretary may acquire by purchase, lease,
or exchange, any land, facilities, or other property necessary and
appropriate to carry out the purposes and policies of this title.".
SEC. 2110. DESTRUCTION OR LOSS OF, OR INJURY TO, SANCTUARY
RESOURCES.
(a) LIABILITY FOR INTEREST. -- Section 312(a)(1) of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)(1))
is amended to read as follows:
"(1) LIABILITY TO UNITED STATES. -- Any person who destroys,
causes the loss of, or injures any sanctuary resource is liable to
the United States for an amount equal to the sum of --
"(A) the amount of response costs and damages resulting from
the destruction, loss, or injury; and
"(B) interest on that amount calculated in the manner described
under section 1005 of the Oil Pollution Act of 1990.".
(b) LIABILITY IN REM. -- Section 312(a)(2) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)(2)) is amended
by adding at the end the following: "The amount of that liability shall
constitute a maritime lien on the vessel and may be recovered in an
action in rem in any district court of the United States that has
jurisdiction over the vessel.".
(c) LIMITS TO LIABILITY. -- Section 312(a) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(a)) is amended by
adding at the end the following:
"(4) LIMITS TO LIABILITY. -- Nothing in sections 4281-4289 of
the Revised Statutes of the United States or section 3 of the Act
of February 13, 1893, shall limit the liability of any person
under this title.".
(d) RESPONSE ACTIONS. -- Section 312(b)(1) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(b)(1)) is amended
by inserting "or authorize" of "undertake".
(e) USE OF RECOVERED AMOUNTS. -- Section 312(d) of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1443(d)) is
amended in paragraph (3), as redesignated by this Act, by inserting "the
court decree or settlement agreement and" after "in accordance with".
SEC. 2111. AUTHORIZATION OF APPROPRIATIONS.
Section 313 of the Marine Protection, Research, and Sanctuaries Act
of 1972 (16 U.S.C. 1444) is amended to read as follows:
"SEC. 313. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to the Secretary to carry
out this title the following --
"(1) $8,000,000 for fiscal year 1993;
"(2) $12,500,000 for fiscal year 1994;
"(3) $15,000,000 for fiscal year 1995; and
"(4) $20,000,000 for fiscal year 1996.".
SEC. 2112. ADVISORY COUNCILS AND SHORT TITLE.
The Marine Protection, Research, and Sanctuaries Act of 1972 (16
U.S.C. 1431 et seq.) is amended by adding at the end the following new
sections:
"SEC. 315. "16 USC 1445a" ADVISORY COUNCILS.
"(a) ESTABLISHMENT. -- The Secretary may establish one or more
advisory councils (in this section referred to as an 'Advisory Council')
to provide assistance to the Secretary regarding the designation and
management of national marine sanctuaries. The Advisory Councils shall
be exempt from the Federal Advisory Committee Act.
"(b) MEMBERSHIP. -- Members of the Advisory Councils may be
appointed from among --
"(1) persons employed by Federal or State agencies with
expertise in management of natural resources;
"(2) members of relevant Regional Fishery Management Councils
established under section 302 of the Magnuson Fishery Conservation
and Management Act; and
"(3) representatives of local user groups, conservation and
other public interest organizations, scientific organizations,
educational organizations, or others interested in the protection
and multiple use management of sanctuary resources.
"(c) LIMITS ON MEMBERSHIP. -- For sanctuaries designated after the
date of enactment of the National Marine Sanctuaries Program Amendments
Act of 1992, the membership of Advisory Councils shall be limited to no
more than 15 members.
"(d) STAFFING AND ASSISTANCE. -- The Secretary may make available to
an Advisory Council any staff, information, administrative services, or
assistance the Secretary determines are reasonably required to enable
the Advisory Council to carry out its functions.
"(e) PUBLIC PARTICIPATION AND PROCEDURAL MATTERS. -- The following
guidelines apply with respect to the conduct of business meetings of an
Advisory Council:
"(1) Each meeting shall be open to the public, and interested
persons shall be permitted to present oral or written statements
on items on the agenda.
"(2) Emergency meetings may be held at the call of the chairman
or presiding officer.
"(3) Timely notice of each meeting, including the time, place,
and agenda of the meeting, shall be published locally and in the
Federal Register.
"(4) Minutes of each meeting shall be kept and contain a
summary of the attendees and matters discussed.
"SEC. 316. "16 USC 1431 note" SHORT TITLE.
"This title may be cited as "The National Marine Sanctuaries Act'.".
SEC. 2201. "16 USC 1445 note" GRAVEYARD OF THE ATLANTIC ARTIFACTS.
(a) ACQUISITION OF SPACE. -- Pursuant to section 314 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1445) and
consistent with the Cooperative Agreement entered into in October, 1989,
between the National Oceanic and Atmospheric Administration and the
Mariner's Museum of Newport News, Virginia, the Secretary of Commerce
shall make a grant for the acquisition of space in Hatteras Village,
North Carolina, for --
(1) the display and interpretation of artifacts recovered from
the area of the Atlantic Ocean adjacent to North Carolina
generally known as the Graveyard of the Atlantic, including
artifacts recovered from the Monitor National Marine Sanctuary;
and
(2) administration and operations of the Monitor National
Marine Sanctuary.
(b) AUTHORIZATION. -- To carry out the responsibilities of the
Secretary of Commerce under this section, there are authorized to be
appropriated to the Secretary of Commerce a total of $800,000 for fiscal
years 1993 and 1994, to remain available until expended.
(c) FEDERAL SHARE. -- Not more than two-thirds of the cost of space
acquired under this section may be paid with amounts provided pursuant
to this section.
SEC. 2202. "16 USC 1433 note" STELLWAGEN BANK NATIONAL MARINE
SANCTUARY.
(a) DESIGNATION. -- The area described in subsection (b) is
designated as the Stellwagen Bank National Marine Sanctuary (hereafter
in this section referred to as the "Sanctuary").
(b) AREA. -- The Sanctuary shall consist of all submerged lands and
waters, including living and nonliving marine resources within those
waters, bounded by the area described as Boundary Alternative 3 in the
Draft Environmental Impact Statement and Management Plan for the
Proposed Stellwagen Bank National Marine Sanctuary, published by the
Department of Commerce in January 1991, except that the western boundary
shall be modified as follows:
(1) The southwestern corner of the Sanctuary shall be located
at a point off Provincetown, Massachusetts, at the following
coordinates: 42 degrees, 7 minutes, 44.89 seconds (latitude), 70
degrees, 28 minutes, 15.44 seconds (longitude).
(2) The northwestern corner of the Sanctuary shall be located
at a point off Cape Ann, Massachusetts, at the following
coordinates: 42 degrees, 37 minutes, 53.52 seconds (latitude), 70
degrees, 35 minutes, 52.38 seconds (longitude).
(c) MANAGEMENT. -- The Secretary of Commerce shall issue a
management plan for the Sanctuary in accordance with section 304 of the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1434), as amended by this title.
(d) SAND AND GRAVEL MINING ACTIVITIES PROHIBITED. -- Notwithstanding
any other provision of law, exploration for, and mining of, sand and
gravel and other minerals in the Sanctuary is prohibited.
(e) CONSULTATION. -- In accordance with the procedures established
in section 304(e) of the Marine Protection, Research, and Sanctuaries
Act of 1972, as amended by this title, the appropriate Federal agencies
shall consult with the Secretary on proposed agency actions in the
vicinity of the Sanctuary that may affect sanctuary resources.
(f) AUTHORIZATION. -- There are authorized to be appropriated to the
Secretary of Commerce for carrying out the purposes of this section
$570,000 for fiscal year 1993 and $250,000 for fiscal year 1994.
(g) OFFICE. -- The Secretary of Commerce shall consider establishing
a satellite office for the Stellwagen Bank National Marine Sanctuary in
Provincetown, Gloucester, or Hull, Massachusetts.
SEC. 2203. "16 USC 1433 note" MONTEREY BAY NATIONAL MARINE
SANCTUARY.
(a) ISSUANCE OF DESIGNATION NOTICE. -- Notwithstanding section
304(b) of the Marine Protection, Research, and Sanctuaries Act of 1972
(16 U.S.C. 1434(b)), the designation of the Monterey Bay National Marine
Sanctuary (hereafter in this section the "Sanctuary"), as described in
the notice of designation submitted to the Congress on September 15,
1992, shall take effect on September 18, 1992.
(b) OIL AND GAS ACTIVITIES PROHIBITED. -- Notwithstanding any other
provision of law, no leasing, exploration, development, or production of
oil or gas shall be permitted within the Sanctuary as provided by
section 944.5 of the Final Environmental Impact Statement and Management
Plan for the Monterey Bay National Marine Sanctuary, published by the
Department of Commerce in June 1992.
(c) CONSULTATION. -- Section 304(e) of the Marine Protection,
Research, and Sanctuaries Act of 1972, as amended by this title, shall
apply to the Sanctuary as designated by the Secretary of Commerce.
(d) VESSEL TRAFFIC. -- Within 18 months after the date of enactment
of this title, the Secretary of Commerce and the Secretary of
Transportation, in consultation with the State of California and with
adequate opportunity for public comment, shall report to Congress on
measures for regulating vessel traffic in the Sanctuary if it is
determined that such measures are necessary to protect sanctuary
resources.
SEC. 2204. "16 USC 1442 note" ENHANCING SUPPORT FOR NATIONAL MARINE
SANCTUARIES.
(a) IN GENERAL. -- Beginning on the date of enactment of this title,
the Secretary shall conduct a 2-year pilot project to enhance funding
for designation and management of national marine sanctuaries.
(b) PROJECT. -- The project shall consist of --
(1) the creation, adoption, and publication in the Federal
Register by the Secretary of a symbol for the national marine
sanctuary program, or for individual national marine sanctuaries;
(2) the solicitation of persons to be designated as official
sponsors of the national marine sanctuary program or of individual
national marine sanctuaries;
(3) the designation of persons by the Secretary as official
sponsors of the national marine sanctuary program or of individual
sanctuaries;
(4) the authorization by the Secretary of the use of any symbol
published under paragraph (1) by official sponsors of the national
marine sanctuary program or of individual national marine
sanctuaries;
(5) the establishment and collection by the Secretary of fees
from official sponsors for the manufacture, reproduction or use of
the symbols published under paragraph (1);
(6) the retention of any fees assessed under paragraph (5) by
the Secretary in an interest-bearing revolving fund; and
(7) the expenditure of any fees and any interest in the fund
established under paragraph (6), without appropriation, by the
Secretary to designate and manage national marine sanctuaries.
(c) CONTRACT AUTHORITY. -- The Secretary may contract with any
person for the creation of symbols or the solicitation of official
sponsors under subsection (b).
(d) RESTRICTIONS. -- The Secretary may restrict the use of the
symbols published under subsection (b), and the designation of official
sponsors of the national marine sanctuary program or of individual
national marine sanctuaries to ensure compatibility with the goals of
the national marine sanctuary program.
(e) PROPERTY OF UNITED STATES. -- Any symbol which is adopted by the
Secretary and published in the Federal Register under subsection (b) is
deemed to be the property of the United States.
(f) PROHIBITED ACTIVITIES. -- (1) It is unlawful for any person --
(A) designated as an official sponsor to influence or seek to
influence any decision by the Secretary or any other Federal
official related to the designation or management of a national
marine sanctuary, except to the extent that a person who is not so
designated may do so;
(B) to represent himself or herself to be an official sponsor
absent a designation by the Secretary;
(C) to manufacture, reproduce, or use any symbol adopted by the
Secretary absent designation as an official sponsor and without
payment of a fee to the Secretary; and
(D) to violate any regulation promulgated by the Secretary
under this section.
(2) Violation of this subsection shall be considered a violation of
title III of the Marine Protection, Research, and Sanctuaries Act of
1972 (16 U.S.C. 1431 et seq.).
(g) REPORT. -- No later than 30 months after the date of enactment
of this Act, the Secretary shall submit a report on the pilot project to
Congress regarding the success of the program in providing additional
funds for management and operation of national marine sanctuaries.
(h) DEFINITIONS. -- In this section --
(1) the term "national marine sanctuary" or "national marine
sanctuaries" means a national marine sanctuary or sanctuaries
designated under title III of the Marine Protection, Research, and
Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.), or by other law
in accordance with title III of the Marine Protection, Research,
and Sanctuaries Act of 1972;
(2) the term "official sponsor" means any person designated by
the Secretary who is authorized to manufacture, reproduce, or use
any symbol created, adopted, and published in the Federal Register
under this section for a fee paid to the Secretary; and
(3) the term "Secretary" means the Secretary of Commerce.
SEC. 2205. TECHNICAL CORRECTIONS RELATING TO COASTAL ZONE MANAGEMENT
ACT OF 1972.
(a) AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972. -- Except as
otherwise expressly provided, whenever in this section an amendment is
expressed in terms of an amendment to a section or other provision, the
reference shall be considered to be made to a section or other provision
of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).
(b) TECHNICAL CORRECTIONS. --
(1) The Act is amended by --
(A) striking "coastal State" each place it appears and insering
"coatal state";
(B) striking "coastal States" each place it appears and
inserting "coastal states"; and
(C) striking "coastal State's" each place it appears and
inserting "coastal state's".
(2) Section 6203(b)(1) of the Coastal Zone Act Reauthorization
Amendments of 1990 (104 Stat. 1388-301, "16 USC 1452" relating to
section 303(2) of the Coastal Zone Management Act of 1972) is
amended by striking "as well as the" the first place it appears
and inserting "as well as to".
(3) Section 6204(a) of the Coastal Zone Act Reauthorization
Amendments of 1990 (104 Stat. 1388-302, "16 USC 1453" relating to
section 304(1) of the Coastal Zone Management Act of 1972) is
amended --
(A) in the matter preceding paragraph (1) by striking "The
third sentence of section" and inserting "Section";
(B) in paragraph (1) by inserting after "period at the end" the
following: "of the third sentence"; and
(C) in paragraph (2) by inserting after "territorial sea.'" the
following: "at the end of the second sentence".
(4) Section 6204(b) of the Coastal Zone Act Reauthorization
Amendments of 1990 (104 Stat. 1388-302) "16 USC 1453" is amended
by striking "folowing'" and inserting "following:".
(5) Section 304(1) (16 U.S.C. 1453(1)) is amended in the second
sentence --
(A) by striking "the outer limit of" the first place it
appears; and
(B) by striking "1705," and inserting "1705),".
(6) Section 304(2) (16 U.S.C. 1453(2)) is amended by striking
"the term" and inserting "The term".
(7) Section 304(9) (16 U.S.C. 1453(9)) is amended to read as
follows:
"(9) The term 'Fund' means the Coastal Zone Management Fund
established under section 308(b).".
(8) Section 306(b) (16 U.S.C. 1455(b)) is amended by striking
the semicolon at the end and inserting a period.
(9) Section 6216(a) of the Coastal Zone Act Reauthorization
Amendments of 1990 (104 Stat. 1388-314, "16 USC 1455a" relating to
section 306A(b)(1) of the Coastal Zone Management Act of 1972) is
amended by striking "306a(b)(1)" and inserting "306A(b)(1)".
(10) Section 306A(a)(1)(B) (16 U.S.C. 1455a(a)(1)(B)) is
amended by striking "specified" and all that follows through the
end of the sentence and inserting "specified in section 303(2) (A)
through (K).".
(11) Section 306A(b) (16 U.S.C. 1455a(b)) is amended --
(A) in paragraph (2) by striking "that are designated" and all
that follows through the end of the paragraph and inserting "that
are designated in the state's management program pursuant to
section 306(d)(2)(C) as areas of particular concern."; and
(B) in paragraph (3) by --
(i) striking "access of" and inserting "access to"; and
(ii) striking "in accordance with" and all that follows through
the end of the paragraph and inserting "in accordance with the
planning process required under section 306(d)(2)(G).".
(12) Section 306A(c) (16 U.S.C. 1455a(c)) is amended in
paragraph (2)(C) in the matter following clause (iii) by striking
"shall not by" and inserting "shall not be".
(13) Section 6208(b)(3)(B) of the Coastal Zone Act
Reauthorization Amendments of 1990 (104 Stat. 1388-308, "16 USC
1456" relating to section 307(c)(3)(B) of the Coastal Zone
Management Act of 1972) is amended by inserting "with" after
"complies".
(14) Section 307(i) (16 U.S.C. 1456(i)) is amended --
(A) by inserting "(1)" after "(i)";
(B) in paragraph (1) (as designated by subparagraph (A) of this
paragraph) by striking the second sentence; and
(C) by adding at the end the following:
"(2)(A) The Secretary shall collect such other fees as are
necessary to recover the full costs of administering and
processing such appeals under subsection (c).
"(B) If the Secretary waives the application fee under
paragraph (1) for an applicant, the Secretary shall waive all
other fees under this subsection for the applicant.
"(3) Fees collected under this subsection shall be deposited
into the Coastal Zone Management Fund established under section
308.".
(15) Section 6209 of the Coastal Zone Act Reauthorization
Amendments of 1990 (104 Stat. 1388-308, "16 USC 1456a" relating to
section 308 of the Coastal Zone Management Act of 1972) is amended
in the matter preceding the quoted material by striking "1456" and
inserting "1456a".
(16) Section 308(a)(1) (16 U.S.C. 1456a(a)(1)) is amended in
the first sentence by striking "pursuant to this Act" and
inserting "pursuant to this title".
(17) Section 308(b)(1) (16 U.S.C. 1456a(b)(1)) is amended by
striking "(hereinafter" and all that follows through "'Fund')".
(18) Section 308(b)(1) (16 U.S.C. 1456a(b)(1)) is amended by
inserting after "subsection (a)" the following: "and fees
deposited into the Fund under section 307(i)(3)".
(19) The first section 313 (16 U.S.C. 1459) is amended --
(A) in subsection (a) by striking "section 308" and inserting
"section 308, as in effect before the date of the enactment of the
Coastal Zone Act Reauthorization Amendments of 1990,"; and
(B) in paragraph (1) of subsection (b) by striking "section
308(d)" and all that follows through the end of the paragraph and
inserting "section 308, as in effect before the date of the
enactment of the Coastal Zone Act Reauthorization Amendments of
1990; and".
(20) The second section 313 (16 U.S.C. 1460, relating to Walter
B. Jones excellence in coastal zone management awards) is amended
--
(A) by redesignating that section as section 314;
(B) in subsection (a) by inserting after "under section 308"
the following: "and other amounts available to carry out this
title (other than amounts appropriated to carry out sections 305,
306, 306A, 309, 310, and 315)"; and
(C) in subsection (e) by inserting after "under section 308"
the following: "and other amounts available to carry out this
title (other than amounts appropriated to carry out sections 305,
306, 306A, 309, 310, and 315)".
(21) Section 315(a) (16 U.S.C. 1461(a)) is amended by striking
"National Estuarine Reserve Research System" and inserting
"National Estuarine Research Reserve System".
(22) Section 315(c)(4) (16 U.S.C. 1461(c)(4)) is amended by
striking "subsection (1)" and inserting "paragraph (1)".
(23) Section 316(a) (16 U.S.C. 1462(a)) is amended in clause
(5) by striking "subsections (c) and (d) of this section" and
inserting "subsections (c) and (d) of section 312".
(24) Section 6217(i)(3) of the Coastal Zone Act Reauthorization
Amendments of 1990 (104 Stat. 1388-319, " 16 USC 1455b" relating
to definitions under that Act) is amended --
(A) by striking the comma; and
(B) by inserting "Zone" after "Coastal".
SEC. 2206. RESEARCH TO IMPROVE MANAGEMENT.
(a) FLORIDA NATIONAL MARINE SANCTUARY. -- Section 7(a) of the
Florida Keys National Marine Sanctuary and Protection Act (16 U.S.C.
1433 note) is amended by striking paragraph (4); by redesignating
paragraphs (5) through (8) as paragraphs (6) through (9), respectively;
and by inserting after paragraph (3) the following new paragraphs:
"(4) identify priority needs for research and amounts needed to
--
"(A) improve management of the Sanctuary, and in particular,
the coral reef ecosystem within the Sanctuary; and
"(B) identify clearly the cause and effect relationships
between factors threatening the health of the coral reef ecosystem
in the Sanctuary;
"(5) establish a long-term ecological monitoring program and
data base, including methods to disseminate information on the
management of the coral reef ecosystem;".
(b) DEADLINES NOT AFFECTED. -- The amendments made by subsection (a)
shall not be construed to modify, by implication or otherwise, the
deadlines established under --
(1) section 7(a) of the Florida Keys National Marine Sanctuary
and Protection Act regarding completion of the comprehensive
management plan and final regulations; or
(2) section 8(a) of that Act regarding development of the water
quality protection program.
SEC. 2207. "16 USC 1433 note" OLYMPIC COAST NATIONAL MARINE
SANCTUARY.
No oil or gas leasing or preleasing activity shall be conducted
within the area designated as the Olympic Coast National Marine
Sanctuary in accordance with Public Law 100-627.
SEC. 2208. PROVASOLI-GUILLARD CENTER FOR CULTURE OF MARINE
PHYTOPLANKTON.
(a) FINDINGS. -- The Congress finds the following:
(1) The oceans cover 70 percent of the surface of the Earth.
(2) The foundation of the food webs and fisheries productivity
of the oceans rests with microscopic plants known as
phytoplankton.
(3) Phytoplankton serve as a vital natural resource in the
oceans.
(4) By serving as primary agents in control of the flux of
atmospheric carbon dioxide to the deep ocean, phytoplankton
influence climate and the rate of global warming.
(5) There is limited knowledge of the biology, physiology,
chemistry, and taxonomy of phytoplankton, and it is of vital
interest to this Nation to improve the body of knowledge relating
to phytoplankton to benefit this Nation and other countries.
(6) The Provasoli-Guillard Center for the Culture of Marine
Phytoplankton located in West Boothbay Harbor, Maine, houses a
phytoplankton collection that contains species from each of the
ocean environments of the World, and is recognized as the largest
collection of phytoplankton in the World.
(7) The Provasoli-Guillard Center for the Culture of Marine
Phytoplankton is of vital interest to oceanographers in this
Nation and throughout the World, and provides cultures of
phytoplankton for critical research on global issues.
(b) DESIGNATION. -- In light of the findings under subsection (a),
the Provasoli-Guillard Center for the Culture of Marine Phytoplankton
located in West Boothbay Harbor, Maine, is designated as a National
Center and Facility.
SEC. 2209. FLORIDA KEYS NATIONAL MARINE SANCTUARY.
(a) IMPLEMENTATION. -- Section 8 of the Florida Keys National Marine
Sanctuary and Protection Act (16 U.S.C. 1433 note) is amended by adding
at the end the following new subsection:
"(d) IMPLEMENTATION. -- (1) The Administrator of the Environmental
Protection Agency and the Governor of the State of Florida shall
implement the program required by this section, in cooperation with the
Secretary of Commerce.
"(2)(A) The Regional Administrator of the Environmental Protection
Agency shall with the Governor of the State of Florida establish a
Steering Committee to set guidance and policy for the development and
implementation of such program. Membership shall include
representatives of the Environmental Protection Agency, the National
Park Service, the United States Fish and Wildlife Service, the Army
Corps of Engineers, the National Oceanic and Atmospheric Administration,
the Florida Department of Community Affairs, the Florida Department of
Environmental Regulation, the South Florida Water Management District,
and the Florida Keys Aqueduct Authority; three individuals in local
government in the Florida Keys; and three citizens knowledgeable about
such program.
"(B) The Steering Committee shall, on a biennial basis, issue a
report to Congress that --
"(i) summarizes the progress of the program;
"(ii) summarizes any modifications to the program and its
recommended actions and plans; and
"(iii) incorporate specific recommendations concerning the
implementation of the program.
"(C) The Administrator of the Environmental Protection Agency and the
Administrator of the National Oceanic and Atmospheric Administration
shall cooperate with the Florida Department of Environmental Regulation
to establish a Technical Advisory Committee to advise the Steering
Committee and to assist in the design and prioritization of programs for
scientific research and monitoring. The Technical Advisory Committee
shall be composed of scientists from Federal agencies, State agencies,
academic institutions, private non-profit organizations, and
knowledgeable citizens.
"(3)(A) The Regional Administrator of the Environmental Protection
Agency shall appoint a Florida Keys Liaison Officer. The Liaison
Officer, who shall be located within the State of Florida, shall have
the authority and staff to --
"(i) assist and support the implementation of the program
required by this section, including administrative and technical
support for the Steering Committee and Technical Advisory
Committee;
"(ii) assist and support local, State, and Federal agencies in
developing and implementing specific action plans designed to
carry out such program;
"(iii) coordinate the actions of the Environmental Protection
Agency with other Federal agencies, including the National Oceanic
and Atmospheric Administration and the National Park Service, and
State and local authorities, in developing strategies to maintain,
protect, and improve water quality in the Florida Keys;
"(iv) collect and make available to the public publications,
and other forms of information that the Steering Committee
determines to be appropriate, related to the water quality in the
vicinity of the Florida Keys; and
"(v) provide for public review and comment on the program and
implementing actions.
"(4)(A) There are authorized to be appropriated to the Administrator
of the Environmental Protection Agency $2,000,000 for fiscal year 1993,
$3,000,000 for fiscal year 1994, and $4,000,000 for fiscal year 1995,
for the purpose of carrying out this section.
"(B) There are authorized to be appropriated to the Secretary of
Commerce $300,000 for fiscal year 1993, $400,000 for fiscal year 1994,
and $500,000 for fiscal year 1995, for the purpose of enabling the
National Oceanic and Atmospheric Administration to carry out this
section.
"(C) Amounts appropriated under this paragraph shall remain available
until expended.
"(D) No more than 15 percent of the amount authorized to be
appropriated under subparagraph (A) for any fiscal year may be expended
in that fiscal year on administrative expenses.".
(b) TECHNICAL AMENDMENT. -- Section 8(c) of the Florida Keys
National Marine Sanctuary and Protection Act (16 U.S.C. 1433 note) is
amended by striking "paragraph (1)" and inserting in lieu thereof
"subsection (a)".
SEC. 2301. "16 USC 1433 note" SHORT TITLE.
This subtitle may be cited as the "Hawaiian Islands National Marine
Sanctuary Act".
SEC. 2302. FINDINGS.
The Congress finds the following:
(1) Many of the diverse marine resources and ecosystems within
the Western Pacific region are of national significance and
importance.
(2) There are at present no ocean areas in the Hawaiian Islands
designated as national marine sanctuaries or identified on the
Department of Commerce's Site Evaluation List of sites to be
investigated as potential candidates for designation as a national
marine sanctuary under title III of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.).
(3) The Hawaiian Islands consist of eight major islands and 124
minor islands, with a total land area of 6,423 square miles and a
general coastline of 750 miles.
(4) The marine environment adjacent to and between the Hawaiian
Islands is a diverse and unique subtropical marine ecosystem.
(5) The Department of Commerce recently concluded in its
Kahoolawe Island National Marine Sanctuary Feasibility Study that
there is preliminary evidence of biological cultural, and
historical resources adjacent to Kahoolawe Island to merit further
investigation for national marine sanctuary status.
(6) The Department of Commerce also concluded in its Kahoolawe
Island National Marine Sanctuary Feasibility Study that there are
additional marine areas within the Hawaiian archipelago which
merit further consideration for national marine sanctuary status
and that the national marine sanctuary program could enhance
marine resource protection in Hawaii.
(7) The Hawaiian stock of the endangered humpback whale, the
largest of the three North Pacific stocks, breed and calve within
the waters of the main Hawaiian Islands.
(8) The marine areas surrounding the main Hawaiian Islands,
which are essential breeding, calving, and nursing areas for the
endangered humpback whale, are subject to damage and loss of their
ecological integrity from a variety of disturbances.
(9) The Department of Commerce recently promulgated a humpback
whale recovery plan which sets out a series of recommended goals
and actions in order to increase the abundance of the endangered
humpback whale.
(10) An announcement of certain Hawaiian waters frequented by
humpback whales as an active candidate for marine sanctuary
designation was published in the Federal Register on March 17,
1982 (47 FR 11544).
(11) The existing State and Federal regulatory and management
programs applicable to the waters of the main Hawaiian Islands are
inadequate to provide the kind of comprehensive and coordinated
conservation and management of humpback whales and their habitat
that is available under title III of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.).
(12) Authority is needed for comprehensive and coordinated
conservation and management of humpback whales and their habitat
that will complement existing Federal and State regulatory
authorities.
(13) There is a need to support, promote, and coordinate
scientific research on, and monitoring of, that portion of the
marine environment essential to the survival of the humpback
whale.
(14) Public education, awareness, understanding, appreciation,
and wise use of the marine environment are fundamental to the
protection and conservation of the humpback whale.
(15) The designation, as a national marine sanctuary, of the
areas of the marine environment adjacent to the main Hawaiian
Islands which are essential to the continued recovery of the
humpback whale is necessary for the preservation and protection of
this important national marine resource.
(16) The marine sanctuary designated for the conversation and
management of humpback whales could be expanded to include other
marine resources of national significance which are determined to
exist within the sanctuary.
SEC. 2303. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) The term "adverse impact" means an impact that independently
or cumulatively damages, diminishes, degrades, impairs, destroys,
or otherwise harms.
(2) The term "Sanctuary" means the Hawaiian Islands Humpback
Whale National Marine Sanctuary designated under section 2305.
(3) The term "Secretary" means the Secretary of Commerce.
SEC. 2304. POLICY AND PURPOSES.
(a) POLICY. -- It is the policy of the United States to protect and
preserve humpback whales and their habitat within the Hawaiian Islands
mareine environment.
(b) PURPOSES. -- The purposes of this subtitle are --
(1) to protect humpback whales and their habitat in the area
described in section 2305(b);
(2) to educate and interpret for the public the relationship of
humpback whales to the Hawaiian Islands marine environment;
(3) to manage such human uses of the Sanctuary consistent with
this subtitle and title III of the Marine Protection, Research,
and Sanctuaries Act of 1972, as amended by this Act; and
(4) to provide for the identification of marine resources and
ecosystems of national significance for possible inclusion in the
sanctuary designated in section 2305(a).
SEC. 2305. DESIGNATION OF SANCTUARY.
(A) DESIGNATION. -- Subject to subsection (c), the area described in
subsection (b) is designated as the Hawaiian Islands Humpback Whale
National Marine Sanctuary under title III of the Marine Protection,
Research, and Sanctuaries Act of 1972 (16 U.S.C. 1451 et seq.), as
amended by this title.
(b) AREA INCLUDED. -- (1) Subject to subsections (c) and (d), the
area referred to in subsection (a) consists of the submerged lands and
waters off the coast of the Hawaiian Islands seaward of the upper
reaches of the wash of the waves on shore --
(A) to the one hundred fathom (one hundred and eighty-three
meter) isobath adjoining the islands of Lanai, Maui, and Molokai,
including Penguin Bank but excluding the area within 3 nautical
miles of the upper reaches of the waves on the shore of Kahoolawe
Island;
(B) to the deep water area of Pailolo Channel from Cape Halawa,
Molokai, to Nakalele Point, Maui, and southward; and
(C) to the one hundred fathom (one hundred and eighty-three
meter) isobath adjoining the Kilauea National Wildlife Refuge on
the island of Kauai.
(2)(A) On January 1, 1996, the area of the marine environment within
3 nautical miles of the upper reaches of the wash of the waves on the
shore of Kahoolawe Island is designated a part of the Sanctuary, unless
during the 3-month period immediately preceding January 1, 1996, the
Secretary certifies in writing to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Merchant Marine
and Fisheries of the House of Representatives that the area is not
suitable for inclusion in the Sanctuary. If such certification is made,
it shall be accompanied by a written explanation of the Secretary's
reasoning in support of the certification.
(B) After a certification of unsuitability is made under subparagraph
(A), the Secretary shall annually make a finding concerning the
suitability of the area for inclusion in the Sanctuary and submit to
such congressional committees a report on that finding and the reasons
thereof. If the Secretary finds that the area is suitable for inclusion
in the Sanctuary, the area is designated a part of the Sanctuary on the
30th day after such report is submitted.
(C) Upon designation of the area under subparagraph (A) or (B), the
area shall be managed as if it has been designated under section 2305,
and the Secretary shall --
(i) publish a notice in the Federal Register announcing the
designation and identifying the area; and
(ii) issue such regulations for the area as are necessary to
fulfill the Secretary's responsibilities under this subtitle and
title III of the Marine Protection, Research, and Sanctuaries Act
of 1972 (16 U.S.C. 1431 et seq.).
(3) The Secretary shall generally identify and depict the Sanctuary
on National Oceanic and Atmospheric Administration charts. Those charts
shall be maintained on file and kept available for public examination
during regular business hours at the Office of Ocean and Coastal
Resource Management of the National Oceanic and Atmospheric
Administration. The Secretary shall update the charts to reflect any
boundary modification under subsection (d), and any additional
designation under paragraph (2) of this subsection.
(c) EFFECT OF OBJECTION BY GOVERNOR. -- (1) If within 45 days after
the date of the enactment of this title the Governor of Hawaii certifies
to the Secretary that the designation (including the prospective
additional designation under subsection (b)(2) of the area within 3
nautical miles of Kahoolawe Island) is unacceptable, the designation
shall not take effect in the area of the Sanctuary lying within the
seaward boundary of the State of Hawaii.
(2) If within 45 days after the date of issuance of the comprehensive
management plan and implementing regulations under section 2306 the
Governor of Hawaii certifies to the Secretary that the management plan,
any implementing regulation, or any term of the plan or regulations is
unacceptable, the management plan, regulation, or term, respectively,
shall not take effect in the area of the Sanctuary lying within the
seaward boundary of the State of Hawaii.
(3) If the Secretary considers that an action taken under paragraph
(1) or (2) will affect the Sanctuary in a manner that the goals and
objectives of this subtitle cannot be fulfilled, the Secretary may
terminate the entire designation under subsection (a). At least thirty
days prior to such termination, the Secretary shall submit written
notification of the proposed termination to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives.
(d) BOUNDARY MODIFICATIONS. -- No later than the date of issuance of
the draft environmental impact statement for the Sanctuary under section
304(a)(1)(C)(vii) of the Marine Protection, Research, and Sanctuaries
Act of 1972 (16 U.S.C. 1434(a)(1)(C)(vii), the Secretary, in
consultation with the Governor of Hawaii, if appropriate, may make
modifications to the boundaries of the Sanctuary as necessary to fulfill
the purpose of this subtitle. The Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the House of
Representatives a written notification of such modifications.
SEC. 2306. COMPREHENSIVE MANAGEMENT PLAN.
(a) PREPARATION OF PLAN. -- The Secretary, in consultation with
interested persons and appropriate Federal, State, and local government
authorities, shall develop and issue not later than 18 months after the
date of enactment of this title a comprehensive management plan and
implementing regulations to achieve the policy and purposes of this
subtitle. In developing the plan and regulations, the Secretary shall
follow the procedures specified in sections 303 and 304 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1433 and
1434), as amended by this title. Such comprehensive management plan
shall --
(1) facilitate all public and private uses of the Sanctuary
(including uses of Hawaiian natives customarily and traditionally
exercised for subsistence, cultural, and religious purposes)
consistent with the primary objective of the protection of
humpback whales and their habitat;
(2) set forth the allocation of Federal and State enforcement
responsibilities, as jointly agreed by the Secretary and the State
of Hawaii;
(3) identify research needs and establish a long-term
ecological monitoring program with respect to humpback whales and
their habitat;
(4) identify alternative sources of funding needed to fully
implement the plan's provisions and supplement appropriations
under section 2307 of this subtitle and section 313 of the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1444);
(5) ensure coordination and cooperation between Sanctuary
managers and other Federal, State, and local authorities with
jurisdiction within or adjacent to the Sanctuary; and
(6) promote education among users of the Sanctuary and the
general public about conversation of humpback whales, their
habitat, and other marine resources.
(b) PUBLIC PARTICIPATION. -- The Secretary shall provide for
participation by the general public in development of the comprehensive
management plan or any amendmen thereto.
SEC. 2307. AUTHORIZATION OF APPROPRIATIONS.
For carrying out this subtitle, there are authorized to be
appropriated to the Secretary $500,000 for fiscal year 1993 and $300,000
for fiscal year 1994. Of the amounts appropriated under this section
for fiscal year 1993 --
(1) not less than $50,000 shall be used by the Western Pacific
Regional Team to evaluate potential national marine sanctuary
sites for inclusion on the Department of Commerce's Site
Evaluation List; and
(2) not less than $50,000 shall be used to continue the
investigation of biological, cultural, and historical resources
adjacent to Kahoolawe Island.
SEC. 3001. "16 USC 1361 note" SHORT TITLE.
This title may be cited as the "Marine Mammal Health and Stranding
Response Act".
SEC. 3002. "16 USC 1421 note" FINDINGS.
The Congress finds the following:
(1) Current stranding network participants have performed an
undeniably valuable and ceaseless job of responding to marine
mammal strandings over the last 15 years.
(2) Insufficient understanding of the connection between marine
mammal health and the physical, chemical, and biological
parameters of their environment prevents an adequate understanding
of the causes of marine mammal unusual mortality events.
(3) An accurate assessment of marine mammal health, health
trends in marine mammal populations in the wild, and causes of
marine mammal unusual mortality events cannot be made without
adequate reference data on marine mammals and the environment in
which they live.
(4) A systematic assessment of the sources, presence levels,
and effects of potentially harmful contaminants on marine mammals
would provide a better understanding of some of the causes of
marine mammal unusual mortality events and may serve as an
indicator of the general health of our coastal and marine
environments.
(5) Responses to marine mammal unusual mortality events are
often uncoordinated, due to the lack of sufficient contingency
planning.
(6) Standardized methods for the reporting of dying, dead, or
otherwise incapacited marine mammals in the wild would greatly
assist in the determination of the causes of marine mammal unusual
mortality events and enhance general knowledge of marine mammal
species.
(7) A formal system for collection, preparation, and archiving
of, and providing access to, marine mammal tissues will enhance
efforts to investigate the health of marine mammals and health
trends of marine mammal populations, and to develop reference
data.
(8) Information on marine mammals, including results of
analyses of marine mammal tissues, should be broadly available to
the scientific community, including stranding network
participants, through a marine mammal data base.
SEC. 3003. MARINE MAMMAL HEALTH AND STRANDING RESPONSE PROGRAM.
(a) IN GENERAL. -- The Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.) is amended by adding at the end the following new
title:
"SEC. 301. "16 USC 1421" ESTABLISHMENT OF PROGRAM.
"(a) ESTABLISHMENT. -- The Secretary shall, in consultation with the
Secretary of the Interior, the Marine Mammal Commission, and individuals
with knowledge and experience in marine science, marine mammal science,
marine mammal veterinary and husbandry practices, and marine
conservation, including stranding network participants, establish a
program to be known as the 'Marine Mammal Health and Stranding Response
Program'.
"(b) PURPOSES. -- The purposes of the Program shall be to --
"(1) facilitate the collection and dissemination of reference
data on the health of marine mammals and health trends of marine
mammal populations in the wild;
"(2) correlate the halth of marine mammals and marine mammal
populations, in the wild, with available data on physical,
chemical, and biological environmental parameters; and
"(3) coordinate effective responses to unusual mortality events
by establishing a process in the Department of Commerce in
accordance with section 304.
"SEC. 302. "16 USC 1421a" DETERMINATION; DATA COLLECTION AND
DISSEMINATION.
"(a) DETERMINATION FOR RELEASE. -- The Secretary shall, in
consultation with the Secretary of the Interior, the Marine Mammal
Commission, and individuals with knowledge and experience in marine
science, marine mammal science, marine mammal veterinary and husbandry
practices, and marine conservation, including stranding network
participants, develop objective criteria, after an opportunity for
public review and comment, to provide guidance for determining at what
point a rehabilitated marine mammal is releasable to the wild.
"(b) COLLECTION. -- The Secretary shall, in consultation with the
Secretary of the Interior, collect and update, periodically, existing
information on --
"(1) procedures and practices for --
"(A) rescuing and rehabilitating stranded marine mammals,
including criteria used by stranding network participants, on a
species-by-species basis, for determining at what point a marine
mammal undergoing 'rescue and rehabilitation is returnable to the
wild; and
"(B) collecting, preserving, labeling, and transporting marine
mammal tissues for physical, chemical, and biological analyses;
"(2) appropriate scientific literature on marine mammal health,
disease, and rehabilitation;
"(3) strandings, which the Secretary shall compile and analyze,
by region, to monitor species, numbers, conditions, and causes of
illnesses and deaths of stranded marine mammals; and
"(4) other life history and reference level data, including
marine mammal tissue analyses, that would allow comparison of the
causes of illness and deaths in stranded marine mammals with
physical, chemical, and biological environmental parameters.
"(c) AVAILABILITY. -- The Secretary shall make information collected
under this section available to stranding network participants and other
qualified scientists.
"SEC. 303. "16 USC 1421b" STRANDING RESPONSE AGREEMENTS.
"(a) IN GENERAL. -- The Secretary may enter into an agreement under
section 112(c) with any person to take marine mammals under section
109(h)(1) in response to a stranding.
"(b) REQUIRED PROVISION. -- An agreement authorized by subsection
(a) shall --
"(1) specify each person who is authorized to perform
activities under the agreement; and
"(2) specify any terms and conditions under which a person so
specified may delegate that authority to another person.
"(c) REVIEW. -- The Secretary shall periodically review agreements
under section 112(c) that are entered into pursuant to this title, for
performance adequacy and effectiveness.
"SEC. 304. "16 USC 1421c" UNUSUAL MORTALITY EVENT RESPONSE.
"(a) RESPONSE. --
"(1) WORKING GROUP. --
"(A) The Secretary, acting through the Office, shall establish,
in consultation with the Secretary of the Interior, a marine
mammal unusual mortality event working group, consisting of
individuals with knowledge and experience in marine science,
marine mammal science, marine mammal veterinary and husbandry
practices, marine conservation, and medical science, to provide
guidance to the Secretary and the Secretary of the Interior for --
"(i) determining whether an unusual mortality event is
occurring;
"(ii) determining, after an unusual mortality event has begun,
if response actions with respect to that event are no longer
necessary; and
"(iii) developing the contingency plan in accordance with
subsection (b), to assist the Secretary in responding to unusual
mortality events.
"(B) The Federal Advisory Committee Act (5 App. U.S.C.) shall
not apply to the marine mammal unusual mortality event working
group established under this paragraph.
"(2) RESPONSE TIMING. -- The Secretary, in consultation with
the Secretary of the Interior, shall to the extent necessary and
practicable --
"(A) within 24 hours after receiving notification from a
stranding network participant that an unusual mortality event
might be occurring, contact as many members as is possible of the
unusual mortality event working group for guidance; and
"(B) within 48 hours after receiving such notification --
"(i) make a determination as to whether an unusual mortality
event is occuring;
"(ii) inform the stranding network participant of that
determination; and
"(iii) if the Secretary has determined an unusual mortality
event is occurring, designate an Onsite Coordinator for the event,
in accordance with subsection (c).
"(b) CONTINGENCY PLAN. --
"(1) IN GENERAL. -- The Secretary shall, in consultation with
the Secretary of the Interior and the unusual mortality event
working group, and after an opportunity for public review and
comment, issue a detailed contingency plan for responding to any
unusual mortality event.
"(2) CONTENTS. -- The contingency plan required under this
subsection shall include --
"(A) a list of persons, including stranding network
participants, at a regional, State, and local level, who can
assist the Secretary in implementing a coordinated and effective
response to an unusual mortality event;
"(B) the types of marine mammal tissues and analyses necessary
to assist in diagnosing causes of unusual mortality events;
"(C) training, mobilization, and utilization procedures for
available personnel, facilities, and other resources necessary to
conduct a rapid and effective response to unusual mortality
events; and
"(D) such requirements as are necessary to --
"(i) minimize death of marine mammals in the wild and provide
appropriate care of marine mammals during an unusual mortality
event;
"(ii) assist in identifying the cause or causes of an unusual
mortality event;
"(iii) determine the effects of an unusual mortality event on
the size estimates of the affected populations of marine mammals;
and
"(iv) identify any roles played in an unusual mortality event
by physical, chemical, and biological factors, including
contaminants.
"(c) ONSITE COORDINATORS. --
"(1) DESIGNATION. --
"(A) The Secretary shall, in consultation with the Secretary of
the Interior, designate one or more Onsite Coordinators for an
unusual mortality event, who shall make immediate recommendtions
to the stranding network participants on how to proceed with
response activities.
"(B) An Onsite Coordinator so designated shall be one or more
appropriate Regional Directors of the National Marine Fisheries
Service or the United States Fish and Wildlife Service, or their
designees.
"(C) If, because of the wide geographic distribution, multiple
species of marine mammals involved, or magnitude of an unusual
mortality event, more than one Onsite Coordinator is designated,
the Secretary shall, in consultation with the Secretary of the
Interior, designate which of the Onsite Coordinators shall have
primary responsibility with respect to the event.
"(2) FUNCTIONS. --
"(A) An Onsite Coordinator designated under this subsection
shall coordinate and direct the activities of all persons
responding to an unusual mortality event in accordance with the
contingency plan issued under subsection (b), except that --
"(i) with respect to any matter that is not covered by the
contingency plan, an Onsite Coordinator shall use his or her best
professional judgment; and
"(ii) the contingency plan may be temporarily modified by an
Onsite Coordinator, consulting as expeditiously as possible with
the Secretary, the Secretary of the Interior, and the unusual
mortality event working group.
"(B) An Onsite Coordinator may delegate to any qualified person
authority to act as an Onsite Coordinator under this title.
"SEC. 305. "16 USC 1421d" UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.
"(a) ESTABLISHMENT OF FUND. -- There is established in the Treasury
a fund to be known as the 'Marine Mammal Unusual Mortality Event Fund',
which shall consist of amounts deposited into the Fund under subsection
(c).
"(b) USES. --
"(1) IN GENERAL. -- Amounts in the Fund --
"(A) shall be available only for use by the Secretary, in
consultation with the Secretary of the Interior --
"(i) to compensate persons for special costs incurred in acting
in accordance with the contingency plan issued under section
304(b) or under the direction of an Onsite Coordinator for an
unusual mortality event; and
"(ii) for reimbursing any stranding network participant for
costs incurred in preparing and transporting tissues collected
with respect to an unusual mortality event for the Tissue Bank;
and
"(B) shall remain available until expended.
"(2) PENDING CLAIMS. -- If sufficient amounts are not
available in the Fund to satisfy any authorized pending claim,
such claim shall remain pending until such time as sufficient
amounts are available. All authorized pending claims shall be
satisfied in the order received.
"(c) DEPOSITS INTO THE FUND. -- There shall be deposited into the
Fund --
"(1) amounts appropriated to the Fund;
"(2) other amounts appropriated to the Secretary for use with
respect to unusual mortality events; and
"(3) amounts received by the United States in the form of
gifts, devises, and bequests under subsection (d).
"(d) ACCEPTANCE OF DONATIONS. -- For purposes of carrying out this
title, the Secretary may accept, solicit, and use the services of
volunteers, and may accept, solicit, receive, hold, administer, and use
gifts, devises, and bequests.
"SEC. 306. "16 USC 1421e" LIABILITY.
"(a) IN GENERAL. -- A person who is authorized to respond to a
stranding pursuant to an agreement entered into under section 112(c) is
deemed to be an employee of the government for purposes of chapter 171
of title 28, United States Code, with respect to actions of the person
that are --
"(1) in accordance with the agreement; and
"(2) in the case of an unusual mortality event, in accordance
with --
"(A) the contingency plan issued under section 304(b);
"(B) the instructios of an Onsite Coordinator designated under
section 304(c); or
"(C) the best professional judgment of an Onsite Coordinator,
in the case of any matter that is not covered by the contingency
plan.
"(b) LIMITATION. -- Subsection (a) does not apply to actions of a
person described in that subsection that are grossly negligent or that
constitute willful misconduct.
"SEC. 307. "16 USC 1421f" NATIONAL MARINE MAMMAL TISSUE BANK AND
TISSUE ANALYSIS.
"(a) TISSUE BANK. --
"(1) IN GENERAL. -- The Secretary shall make provision for the
storage, preparation, examination, and archiving of marine mammal
tissues. Tissues archived pursuant to this subsection shall be
known as the 'National Marine Mammal Tissue Bank'.
"(2) GUIDANCE FOR MARINE MAMMAL TISSUE COLLECTION, PREPARATION,
AND ARCHIVING. -- The Secretary shall, in consultation with
individuals with knowledge and expertise in marine science, marine
mammal science, marine mammal veterinary and husbandry practices,
and marine conservation, issue guidance, after an opporunity for
public review and comment, for marine mammal tissue collection,
preparation, archiving, and quality control procedures, regarding
--
"(A) appropriate and uniform methods and standards for those
activities to provide confidence in marine mammal tissue samples
used for research; and
"(B) documentation of procedures used for collecting,
preparing, and archiving those samples.
"(3) SOURCE OF TISSUE. -- In addition to tissues taken during
marine mammal unusual mortality events, the Tissue Bank shall
incorporate tissue samples taken from other sources in the wild,
including --
"(A) samples from marine mammals taken incidental to commercial
fishing operations;
"(B) samples from marine mammals taken for subsistence
purposes;
"(C) biopsy samples; and
"(D) any other samples properly collected.
"(b) TISSUE ANALYSIS. -- The Secretary shall, in consultation with
the Marine Mammal Commission, the Secretary of the Interior, and
individuals with knowledge and experience in marine science, marine
mammal science, marine mammal veterinary and husbandry practices, and
marine conservation, issue guidance, after an opportunity for public
review and comment, for analyzing tissue samples (by use of the most
effective and advanced diagnostic technologies and tools practicable) as
a means to monitor and measure overall health trends in representative
species or populations of marine mammals, including --
"(1) the levels of, and if possible, the effects of,
potentially harmful contaminants; and
"(2) the frequency of, and if possible, the causes and effects
of abnormal lesions or anomalies.
"(c) DATA BASE. --
"(1) IN GENERAL. -- The Secretary shall maintain a central
data base which provides an effective means for tracking and
accessing data on marine mammals, including relevant data on
marine mammal tissues collected for and maintained in the Tissue
Bank.
"(2) CONTENTS. -- The data base established under this
subsection shall include --
"(A) reference data on the health of marine mammals and
populations of marine mammals; and
"(B) data on species of marine mammals that are subject to
unusual mortality events.
"(d) ACCESS. -- The Secretary shall, in consultation with the
Secretary of the Interior, establish criteria, after an opportunity for
public review and comment, for access to --
"(1) marine mammal tissues in the Tissue Bank;
"(2) analyses conducted pursuant to subsection (b); and
"(3) marine mammal data in the data base maintained under
subsection (c);
which provide for appropriate uses of the tissues, analyses, and data by
qualified scientists, including stranding network participants.
"SEC. 308. "16 USC 1421g" AUTHORIZATION OF APPROPRIATIONS.
"There is authorized to be appropriated --
"(1) to the Secretary for carrying out this title (other than
sections 305 and 307) $250,000 for each of fiscal years 1993 and
1994;
"(2) to the Secretary for carrying out section 307, $250,000
for each of fiscal years 1993 and 1994; and
"(3) to the Fund, $500,000 for fiscal year 1993.
"SEC. 309. "16 USC 1421h" DEFINITIONS.
"In this title, the following definitions apply:
"(1) The term 'Fund' means the Marine Mammal Unusual Mortality
Event Fund established by section 305(a).
"(2) The term 'Office' means the Office of Protected Resources,
in the National Marine Fsheries Service.
"(3) The term 'stranding' means an event in the wild in which
--
"(A) a marine mammal is dead and is --
"(i) on a beach or shore of the United States; or
"(ii) in waters under the jurisdiction of the United States
(including any navigable waters); or
"(B) a marine mammal is alive and is --
"(i) on a beach or shore of the United States and unable to
return to the water;
"(ii) on a beach or shore of the United States and, although
able to return to the water, is in need of apparent medical
attention; or
"(iii) in the waters under the jurisdiction of the United
States (including any navigable waters), but is unable to return
to its natural habitat under its own power or without assistance.
"(4) The term 'stranding network participant' means a person
who is authorized by an agreement under section 112(c) to take
marine mammals as described in section 109(h)(1) in response to a
stranding.
"(5) The term "Tissue Bank" means the National Marine Tissue
Bank provided for under section 307(a).
"(6) The term 'unusual mortality event' means a stranding that
--
"(A) is unexpected;
"(B) involves a significant die-off of any marine mammal
population; and
"(C) demands immediate response.".
(b) IMPLEMENTATION. -- The Secretary of Commerce shall --
(1) in accordance with section 302(a) and (b) "16 USC 1421a
note" of the Marine Mammal Protection Act of 1972, as amended by
this Act, and not later than 24 months after the date of enactment
of this Act --
(A) develop and implement objective criteria to determine at
what point a marine mammal undergoing rehabilitation is returnable
to the wild; and
(B) collect and make available information on marine mammal
health and health trends; and
(2) in accordance with section 304(b) of the Marine Mammal
Protection Act of 1972, as amended by this Act, issue a detailed
contingency plan for responding to any unusual mortality event --
(A) in proposed form by not later than 18 months after the date
of enactment of this Act; and
(B) in final form by not later than 24 months after the date of
enactment of this Act.
SEC. 3004. CONFORMING AMENDMENTS.
(a) CROSS REFERENCES. -- The Marine Mammal Protection Act of 1972 is
amended --
(1) in section 102(a) (16 U.S.C. 1372(a)) by inserting "or
title III" after "this title" the first place it appears;
(2) in section 109(h)(1) (16 U.S.C. 1379(h)(1)) by inserting
"or title III" after "this title"; and
(3) in section 112(c) (16 U.S.C. 1382(c)) by inserting "or
title III" after "this title".
(b) DEFINITION OF SECRETARY. -- Section 3(11) of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1362(11)) is amended --
(1) by striking "The term" and inserting "(A) Except as
provided in subparagraph (B), the term";
(2) by redesignating subparagraph (A) as clause (i);
(3) by redesignating subparagraph (B) as clause (ii); and
(4) by adding at the end the following new subparagraph:
"(B) in title III the term 'Secretary' means the Secretary of
Commerce.".
(c) TABLE OF CONTENTS. -- The table of contents at the end of the
first section of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1361 et seq.) is amended by adding at the end the following:
"Sec. 301. Establishment of program.
"Sec. 302. Determination; data collection and dissemination.
"Sec. 303. Stranding response agreements.
"Sec. 304. Unusual mortality event response.
"Sec. 305. Unusual mortality event activity funding.
"Sec. 306. Liability.
"Sec. 307. National Marine Mammal Tissue Bank and tissue analysis.
"Sec. 308. Authorization of appropriations.
"Sec. 309. Definitions.".
SEC. 3005. PROJECT STUDY.
The Secretary of the Army shall conduct studies for navigation
projects for Provincetown Harbor, Massachusetts, and Aunt Lydia's Cove,
Chatham, Massachusetts, and shall evaluate the benefits of the projects
to commercial fishermen at full manufacturing wages. After completion
of the studies, the Secretary of the Army shall carry out the projects
under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577).
SEC. 3006. TECHNICAL CLARIFICATION.
Section 4283B of the Revised Statutes (46 App. U.S.C. 183c) is
amended in paragraph (2) by inserting "any" before "court".
SEC. 4001. MONITORING AND PREVENTION.
(a) IN GENERAL. -- The Secretary of the Army in consultation with
the Administrator of the Environmental Protection Agency, the Director
of the United States Fish and Wildlife Service, the Governor of the
State of New York, and the Mayor of the city of New York, shall --
(1) develop a prevention monitoring program for zebra mussels
throughout the New York City water supply system;
(2) develop appropriate zebra mussel prevention and removal
technologies for the New York City water supply system; and
(3) provide technical assistance to the State of New York and
the city of New York on alternative design and maintenance
practices for the New York City water supply system in the event
of zebra mussel infestation.
(b) COST SHARING. -- The Secretary of the Army shall not initiate
any monitoring, prevention, or technical assistance project or program
under this subsection until appropriate non-Federal interests agree, by
contract, to contribute 25 percent of the cost for such project or
program during the period of such project or program.
(c) AUTHORIZATION OF APPROPRIATIONS. -- For the purposes of carrying
out this subsection, there is authorized to be appropriated to the
Secretary of the Army $2,000,000 for each fiscal years 1993, 1994, 1995,
1996, and 1997. Such sums shall remain available until expended.
SEC. 4002. EXOTIC AQUATIC ORGANISMS.
Section 1101(b) of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711(b)) is amended by adding at the end
the following new paragraph:
"(3) In addition to issuing regulations under paragraph (1),
the Secretary, in consultation with the Task Force shall, not
later than 24 months after the date of the enactment of this
paragraph, issue regulations to prevent the introduction and
spread of aquatic nuisance species into the Great Lakes through
ballast water carried on vessels that, after operating on the
waters beyond the exclusive economic zone, enter a United States
port on the Hudson River north of the George Washington Bridge.".
SEC. 5001. SHORT TITLE.
This title may be cited as the "Coast Guard Authorization Act of
1992".
SEC. 5002. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary expenses of the
Coast Guard for Fiscal Year 1993, as follows:
(1) For the operation and maintenance of the Coast Guard,
$2,603,000,000, of which --
(A) $253,100,000 shall be transferred from the Department of
Defense;
(B) $31,876,000 shall be derived from the Oil Spill Liability
Trust Fund; and
(C) $35,000,000 shall be expended from the Boat Safety Account.
(2) For the acquisition, construction, rebuilding, and
improvement of aids-to-navigation, shore and offshore facilities,
vessels, and aircraft, including equipment related thereto,
$419,300,000 to remain available until expended, of which --
(A) $18,000,000 shall be transferred from the Department of
Defense; and
(B) $38,122,000 shall be derived from the Oil Spill Liability
Trust Fund.
(3) For research, development, test, and evaluation,
$29,900,000, to remain available until expended, of which
$4,000,000 shall be derived from the Oil Spill Liability Trust
Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose),
payments under the Retired Serviceman's Family Protection and
Survivor Benefit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10,
United States Code, $519,700,000, to remain available until
expended.
(5) For alteration or removal of bridges over navigable waters
of the United States constituting obstructions to navigation, and
for personnel and administrative costs associated with the Bridge
Administration Program, $12,600,000, to remain available until
expended.
(6) For environmental compliance and restoration at Coast Guard
facilities, $30,500,000, to remain available until expended.
SEC. 5003. AUTHORIZED LEVELS OF MILITARY STRENGTH AND MILITARY
TRAINING.
(a) As of September 30, 1993, the Coast Guard is authorized an
end-of-year strength for active duty personnel of 39,732. The
authorized strength does not include members of the Ready Reserve called
to active duty under section 712 of title 14, United States Code.
(b) For Fiscal Year 1993, the Coast Guard is authorized average
military training student loads as follows:
(1) For recruit and special training, 2,653 student years.
(2) For flight training, 110 student years.
(3) For professional training in military and civilian
institutions, 362 student years.
(4) For officer acquisition, 878 student years.
SEC. 5004. SHORE FACILITIES IMPROVEMENTS AT GROUP CAPE HATTERAS.
Of amounts authorized to be appropriated for acquisition,
construction, rebuilding, and improvement, the Secretary of
Transportation shall expend not more than $5,500,000, in Fiscal Years
1993, 1994, 1995, 1996, and 1997, for shore facilities improvements
within Group Cape Hatteras, North Carolina.
SEC. 5005. PREPOSITIONED OIL SPILL CLEANUP EQUIPMENT.
Of the amounts authorized to be appropriated for acquisition,
construction, rebuilding, and improvement that are derived from the Oil
Spill Liability Trust Fund in fiscal year 1993, the Secretary of
Transportation shall expend not more than --
(1) $890,000 to acquire and preposition oil spill response
equipment at Houston, Texas; and
(2) $1,160,000 for the enhancement of Columbia River marine,
fire, oil, and toxic spill response communications, training,
equipment and program administration activities conducted by the
Maritime Fire and Safety Association.
SEC. 5006. OIL SPILL TRAINING SIMULATORS.
Of the amounts authorized to be appropriated for acquisition,
construction, rebuilding, and improvement that are derived from the Oil
Spill Liability Trust Fund in fiscal year 1993, the Secretary of
Transportation shall make available not more than --
(1) $1,250,000 to the Texas Center for Marine Training and
Safety at Galveston, Texas, for the purchase of marine oil spill
management simulator; and
(2) $1,250,000 to the Massachusetts Center for Marine
Environmental Protection, located at Buzzards Bay, Massachusetts,
for the purchase of a marine oil spill management simulator.
SEC. 5007. EVACUATION ALLOWANCE.
Section 208 of the Dire Emergency Supplemental Appropriations Act,
1992 (Public Law 102-368) applies to military personnel and civilian
employees of the United States Coast Guard to the same extent as that
section applies to the Department of Defense, except that funds
available to the Coast Guard shall be used.
SEC. 5101. TREATMENT OF UNOBLIGATED ALLOCATIONS FOR STATE
RECREATIONAL BOATING SAFETY PROGRAMS.
Section 13104 of title 46, United States Code, is amended to read as
follows:
"Section 13104. Availability of allocations
"(a)(1) Amounts allocated to a State shall be available for
obligation by that State for a period of 3 years after the date of
allocation.
"(2) Amounts allocated to a State that are not obligated at the end
of the 3-year period referred to in paragraph (1) shall be withdrawn and
allocated by the Secretary in addition to any other amounts available
for allocation in the fiscal year in which they are withdrawn or the
following fiscal year.
"(b) Amounts available to the Secretary for State recreational
boating safety programs for a fiscal year that have not been allocated
at the end of the fiscal year shall be allocated among States in the
next fiscal year in addition to amounts otherwise available for
allocations to States for that next fiscal year.".
SEC. 5102. INCREASED PENALTIES FOR OPERATING A VESSEL WHILE
INTOXICATED.
Section 2302(c)(1) of title 46, United States Code, is amended by
striking "$1,000;" and inserting "$1,000 for a first violation and not
more than $5,000 for a subsequent violation;".
SEC. 5103. FUTURE BOATERS EDUCATION PROGRAM.
Not later than six months after the date of enactment of this Act,
the Secretary of Transportation shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Merchant Marine and Fisheries of the House of Representatives a plan to
increase the availability of voluntary safe boating education to
individuals 16 years of age or younger. In developing the plan, the
Secretary shall consider using the resources of the Coast Guard
Auxiliary to provide boating education to the greatest extent possible.
SEC. 5201. COAST GUARD BAND DIRECTOR.
Section 336(d) of title 14, United States Code, is amended by
striking "lieutenant".
SEC. 5202. RECYCLING PROGRAM.
Section 641 of title 14, United States Code, is amended by adding the
following:
"(c)(1) The Commandant may --
"(A) provide for the sale of recyclable materials that the
Coast Guard holds;
"(B) provide for the operation of recycling programs at Coast
Guard installations; and
"(C) designate Coast Guard installations that have qualified
recycling programs for the purposes of subsection (d)(2).
"(2) Recyclable materials shall be sold in accordance with section
203 of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 484).
"(d)(1) Proceeds from the sale of recyclable materials at a Coast
Guard installation shall be credited to funds available for operations
and maintenance at that installation in amounts sufficient to cover
operations, maintenance, recycling equipment, and overhead costs for
processing recyclable materials at the installation.
"(2) If, after funds are credited, a balance remains available to a
Coast Guard installation and the installation has a qualified recycling
program, not more than 50 percent of that balance may be used at the
installation for projects for pollution abatement, energy conservation,
and occupational safety and health activities. The cost of the project
may not be greater than 50 percent of the amount permissible for a minor
construction project.
"(3) The remaining balance available to a Coast Guard, installation
may be transferred to the Coast Guard Morale, Welfare, and Recreation
Program.
"(e) If the balance available to the Coast Guard installation under
this section at the end of a fiscal year is in excess of $200,000, the
amount of that excess shall be deposited in the general fund of the
Treasury as offsetting receipts of the Department in which the Coast
Guard is operating and ascribed to Coast Guard activities.".
SEC. 5203. CONFIDENTIALITY OF MEDICAL RECORDS.
(a) Title 14, United States Code is amended by inserting after
section 644 the following new section:
"Section 645. Confidentiality of medical quality assurance records;
qualified immunity for participants
"(a) In this section --
"(1) 'medical quality assurance program' means any activity
carried out by or for the Coast Guard to assess the quality of
medical care, including activities conducted by individuals,
military medical or dental treatment facility committees, or other
review bodies responsible for quality assurance, credentials,
infection control, patient care assessment (including treatment
procedures, blood, drugs, and therapeutics) medical records,
health resources management review and identification and
prevention of medical or dental incidents and risks.
"(2) 'medical quality assurance record' means the proceedings,
records, minutes, and reports that emanate from quality assurance
program activities described in paragraph (1) and are produced or
compiled by the Coast Guard as part of a medical quality assurance
program.
"(3) 'health care provider' means any military or civilian
health care professional who, under regulations prescribed by the
Secretary, is granted clinical practice privileges to provide
health care services in a military medical or dental treatment
facility or who is licensed or certified to perform health care
services by a governmental board or agency or professional health
care society or organization.
"(b) Medical quality assurance records created by or for the Coast
Guard as part of a medical quality assurance program are confidential
and privileged. The records may not be disclosed to any person or
entity except as provided in subsection (d).
"(c)(1) Medical quality assurance records are not subject to
discovery and may not be admitted into evidence in any judicial or
administrative proceeding, except as provided in subsection (d).
"(2) Except as provided in this section, an individual who reviews or
creates medical quality assurance records for the Coast Guard or who
participates in any proceeding that reviews or creates the records may
not testify in any judicial or administrative proceeding with respect to
the records or with respect to any finding, recommendation, evaluation,
opinion, or action taken by that person in connection with the records.
"(d)(1) Subject to paragraph (2), a medical quality assurance record
may be disclosed, and an individual referred to in subsection (c) may
testify in connection with a record only as follows:
"(A) To a Federal exceutive agency or private organization, if
necessary to license, accredit, or monitor Coast Guard health care
facilities.
"(B) To an administrative or judicial proceeding commenced by a
present or former Coast Guard or Coast Guard assigned Public
Health Service health care provider concerning the termination,
suspension, or limitation of clinical privileges of the health
care provider.
"(C) To a governmental board or agency or to a professional
health care society or organization, if necessary to perform
licensing, or privileging, or to monitor professional standards
for a health care provider who is or was a member or an employee
of the Coast Guard or the Public Health Service assigned to the
Coast Guard.
"(D) To a hospital, medical center, or other institution that
provides health care services, if necessary to assess the
professional qualifications of any health care provider who is or
was a member or employee of the Coast Guard or the Public Health
Service assigned to the Coast Guard and who has applied for or
been granted authority or employment to provide health care
services in or on behalf of the institution.
"(E) To an officer member, employee, or contractor of the Coast
Guard or the Public Health Service assigned to the Coast Guard if
for official purposes.
"(F) To a criminal or civil law enforcement agency or
instrumentality charged under applicable law with the protection
of the public health or safety, if a qualified representative of
the agency or instrumentality makes a written request that the
record or testimony be provided for a purpose authorized by law.
"(G) In an administrative or judicial proceeding commenced by a
criminal or civil law enforcement agency or instrumentality
referred to in subparagraph (F), but only with respect to the
subject of the proceeding.
"(2) Except in a quality assurance action, the identity of any
individual receiving health care services from the Coast Guard or the
identity of any other individual associated with the agency for the
purposes of a medical quality assurance program that is disclosed in a
medical quality assurance record shall be deleted from that record or
document before any disclosure of the record is made outside the Coast
Guard. This requirement does not apply to the release of information
under section 552a of title 5.
"(d) Except as provided in this section, a person having possession
of or access to a record or testimony described by this section may not
disclose the contents of the record or testimony.
"(e) Medical quality assurance records may not be made available to
any person under section 552 of title 5.
"(f) An individual who participates in or provides information to an
individual that reviews or creates medical quality assurance records is
not civilly liable for participating or providing the information if the
participation or provision of information was in good faith based on
prevailing professional standards at the time the medical quality
assurance program activity took place.
"(g) Nothing in this section shall be construed as --
"(1) authority to withhold from any person aggregate
statistical information regarding the results of Coast Guard
medical quality assurance programs;
"(2) authority to withhold any medical quality assurance record
from a committee of either House of Congress, any joint committee
of Congress, or the General Accounting Office if the record
pertains to any matter within their respective jurisdictions;
"(3) limiting access to the information in a record created and
maintained outside a medical quality assurance program, including
a patient's medical records, on the grounds that the information
was presented during meetings of a review body that are part of a
medical quality assurance program.
"(h) Except as otherwise provided in this section, an individual who
willfully discloses a medical quality assurance record knowing that the
record is a medical quality assurance record, is liable to the United
States Government for a civil penalty of not more than $3,000 in the
case of a first offense and not more than $20,000 in the case of a
subsequent offense."
(b) The analysis for chapter 17 of title 14, United States Code, is
amended by adding after the item relating to secttion 644 the following
new item:
"645. Confidentiality of medical quality assurance records;
qualified immunity for participants.".
SEC. 5204. TELEPHONE INSTALLATION AND CHARGES.
(a) Title 14, United States Code, is amended by adding the following
new section:
"Section 669. Telephone installation and charges
"Under regulations prescribed by the Secretary, amounts appropriated
to the Department of Transportation are available to install, repair,
and maintain telephone wiring in residences owned or leased by the
United States Government and, if necessary for national defense purposes
in other private residences."
(b) The analysis for chapter 17 of title 14, United States Code, is
amended by adding at the end the following new item:
"669. Telephone Installation and Charges.".
SEC. 5205. SPECIAL PAY.
(a) Section 306(a) of title 37, United States Code, is amended by
striking "of pay grade O-3, O-4, O-5, or O-6" and inserting "of pay
grade O-6 or below", and by striking the chart and inserting the
following new chart:
(b) Section 306(c) of title 37, United States Code, is amended by
striking "in pay grade O-3," and inserting "in each of the pay grades
O-3 and below,".
SEC. 5206. AMENDMENT OF INLAND NAVIGATIONAL RULES.
Section 2 of the Inland Navigational Rules Act of 1980 (33 U.S.C.
2001 et seq.) is amended by amending Rule 1(d) (33 U.S.C. 2001(d)) to
read as follows:
"(d) Traffic separation schemes may be established for the purpose of
these Rules. Vessel traffic service regulations may be in effect in
certain areas."; and
(2) By amending Rule 10 (33 U.S.C. 2010) to read as follows:
"(a) This Rule applies to traffic separation schemes and does not
relieve any vessel of her obligation under any other Rule.
"(b) A vessel using a traffic separation scheme shall:
"(i) proceed in the appropriate traffic lane in the general
direction of traffic flow for that lane;
"(ii) so far as practicable keep clear of a traffic separation
line or separation zone;
"(iii) normally join or leave a traffic lane at the termination
of the lane, but when joining or leaving from either side shall do
so at as small an angle to the general direction of traffic flow
as practicable.
"(c) A vessel shall, so far as practicable, avoid crossing traffic
lanes but if obliged to do so shall cross on a heading as nearly as
practicable at right angles to the general direction of traffic flow.
"(d)(i) A vessel shall not use an inshore traffic zone when she can
safely use the appropriate traffic lane within the adjacent traffic
separation scheme. However, vessels of less than twenty meters in
length, sailing vessels, and vessels engaged in fishing may use the
inshore traffic zone.
"(ii) Notwithstanding subparagraph (d)(i), a vessel may use an
inshore traffic zone when en route to or from a port, offshore
installation or structure, pilot station, or any other place situated
within the inshore traffic zone, or to avoid immediate danger.
"(e) A vessel other than a crossing vessel or a vessel joining or
leaving a lane shall not normally enter a separation zone or cross a
separation line except:
"(i) in cases of emergency to avoid immediate danger; or
"(ii) to engage in fishing within a separation zone.
"(f) A vessel navigating in areas near the terminations of traffic
separation schemes shall do so with particular caution.
"(g) A vessel shall so far as practicable avoid anchoring in a
traffic separation scheme or in areas near its terminations.
"(h) A vessel not using a traffic separation scheme shall avoid it by
as wide a margin as is practicable.
"(i) A vessel engaged in fishing shall not impede the passage of any
vessel following a traffic lane.
"(j) A vessel of less than twenty meters in length or a sailing
vessel shall not impede the safe passage of a power-driven vessel
following a traffic lane.
"(k) A vessel restricted in her ability to maneuver when engaged in
an operation for the maintenance of safety of navigation in a traffic
separation scheme is exempted from complying with this Rule to the
extent necessary to carry out the operation.
"(l) A vessel restricted in her ability to maneuver when engaged in
an operation for the laying, servicing, or picking up of a submarine
cable, within a traffic separation scheme, is exempted from complying
with this Rule to the extent necessary to carry out the operation.".
SEC. 5207. STATE MARITIME ACADEMY VESSEL INSPECTION FEE RELIEF.
Section 2110 of title 46, United States Code, is amended by adding at
the end the following:
"(j) The Secretary may not establish or collect a fee or charge for
the inspection under part B of this subtitle of training vessels
operated by state maritime academies.".
SEC. 5208. INSPECTION OF GREAT LAKES BARGES.
(a) Section 2101 of title 46, United States Code, is amended by
inserting after paragraph (13) the following new paragraph:
"(13a) 'Great Lakes barge' means a non-self-propelled vessel of
at least 3,500 gross tons operating on the Great Lakes."
(b) Section 3301 of title 46, United States Code, is amended by
adding at the end the following new paragraph:
"(13) Great Lakes barges.".
(c) For Great Lakes barges placed in operation after the date of
enactment of this Act, "46 USC 2101 note" the amendments made by this
section take effect on the date of enactment of this Act.
(d)(1) For Great Lakes barges in operation on the date of enactment
of this Act, "46 USC 2101 note" the amendments made by this section take
effect one year after the date of enactment of this Act.
(2) The Secretary of Transportation may impose reasonable interim
requirements to assure safe operation of the barges affected by
paragraph (1).
SEC. 5209. "46 USC 2101 note" TANK VESSEL DEFINITION CLARIFICATION.
(a) In this section, "offshore supply vessel", "fish tender vessel",
"fishing vessel", and "tank vessel" have the meanings given those terms
under section 2101 of title 46, United States Code.
(b) The following vessels are deemed not to be a tank vessel for the
purposes of any law:
(1) An offshore supply vessel.
(2) A fishing or fish tender vessel of not more than 750 gross
tons that transfers without charge to a fishing vessel owned by
the same person.
(c)(1) This section does not affect the authority of the Secretary of
Transportation under chapter 33 of title 46, United States Code, to
regulate the operation of the vessels listed in subsection (b) to ensure
the safe carriage of oil and hazardous substances.
(2) This section does not affect the requirement for fish tender
vessels engaged in the Aleutian trade to comply with chapters 33, 45,
51, 81, and 87 of title 46, United States Code, as provided in the
Aleutian Trade Act of 1990 (Public Law 101-595).
(d) Current regulations governing the vessels in subsection (b)
remain in effect.
SEC. 5210. AUTHORITY FOR THE COAST GUARD TO INSPECT AND WITHHOLD
DOCUMENTS OF CERTAIN FOREIGN PASSENGER VESSELS.
(a) Section 3303(a) of title 46, United States Code, is amended in
the first sentence --
(1) by striking "only" immediately after "is subject"; and
(2) by striking "the condition of the vessel's propulsion
equipment and lifesaving equipment are" and inserting in lieu
thereof "the condition of the vessel is".
(b) Section 3505 of title 46, United States Code, is amended by
striking "or domestic vessel of more than 100 gross tons having berth or
stateroom accommodations for at least 50 passengers" and insert
"vessel".
SEC. 5211. REIMBURSEMENT FOR OVERSEAS INSPECTIONS AND EXAMINATIONS.
Section 3317(b) of title 46, United States Code, is amended --
(1) by striking "chapter" and inserting "part"; and
(2) by inserting "or a foreign vessel immediately after
"documented vessel".
SEC. 5212. WATCHSTANDING ON CERTAIN VESSELS.
Section 8104 of title 46, United States Code, is amended --
(1) in subsection (g), by inserting "a vessel used only to
respond to a discharge of oil or a hazardous substance," after "an
offshore supply vessel,"; and
(2) by redesignating the second subsection (n) as subsection
(o).
SEC. 5213. DENIAL AND REVOCATION OF ENDORSEMENTS.
(a) Chapter 121 of title 46, United States Code, is amended --
(1) in section 12103(a), by striking "On" and inserting "Except
as provided in section 12123 of this title, on";
(2) by amending section 12110(c) to read as follows:
"(c) A vessel and its equipment are liable to seizure by and
forfeiture to the United States Government --
"(1) when a vessel is operated after its endorsement has been
denied or revoked under section 12123 of this title;
"(2) when a vessel is employed in a trade without an
appropriate trade endorsement; or
"(3) when a documented vessel with a recreational endorsement
is operated other than for pleasure."; and
(3) by adding the following new section:
"Section 12123. Denial and revocation of endorsements
"When the owner of a vessel fails to pay a civil penalty assessed by
the Secretary, the Secretary may deny the issuance or renewal of an
endorsement or revoke the endorsement on a certificate of documentation
issued under this chapter.".
(b) The analysis for chapter 121 of title 46, United States Code, is
amended by adding at the end the following:
"12123. Denial and revocation of endorsements.".
SEC. 5214. "46 USC 2110 note" ACCEPTANCE OF EVIDENCE OF PAYMENT OF
COAST GUARD FEES.
The Secretary of Transportation may not issue a citation for failure
to pay a fee or charge established under section 2110 of title 46,
United States Code, to an owner or operator of a recreational vessel who
provides reasonable evidence of prior payment of the fee or charge to a
Coast Guard boarding officer.
SEC. 5215. SCHEDULE FOR OPERATION OF DRAWBRIDGE OF WOODROW WILSON
MEMORIAL BRIDGE.
(a)(1) The Secretary of the department in which the Coast Guard is
operating (in this section referred to as the "Secretary") shall not
operate the drawbridge of the Woodrow Wilson Memorial Bridge in the
following periods for the passge of a commercial vessel:
(A) Monday through Friday (except Federal holidays), 5:00 a.m.
to 10:00 a.m. and 2:00 p.m. to 8:00 p.m.
(B) Saturday, Sunday, and Federal holidays, 2:00 p.m. to 7:00
p.m.
(2) The Secretary need not operate the drawbridge of the Woodrow
Wilson Memorial Bridge for the passage of a commercial vessel under
paragraph (1) unless --
(A) the owner or operator of the vessel provides the bridge
tender with an estimate of the approximate time of that passage at
least 12 hours in advance; and
(B) the owner or operator of the vessel notifies the bridge
tender at least 4 hours in advance of the requested time for that
passage.
(3) Not later than 180 days after the date of enactment of this Act,
the Secretary shall issue an Advance Notice of Proposed Rulemaking to
solicit comments on whether there are practical ways to encourage owners
and operators of commercial vessels to make every reasonable effort to
notify the bridge tender of the time a vessel will pass the Woodrow
Wilson Memorial Bridge by not later than 24 hours before that passage.
(b)(1) The Secretary shall not operate the drawbridge of the Woodrow
Wilson Memorial Bridge in the following periods for the passage of a
recreational vessel:
(A) Monday through Friday (except Federal holidays), 5:00 a.m.
to 12:00 midnight;
(B) Saturday, Sunday, and Federal holidays, 7:00 a.m. to 12:00
midnight, except as provided in paragraph (2).
(2) Notwithstanding paragraph (1)(B), the Secretary may operate the
drawbridge of the Woodrow Wilson Memorial Bridge beginning at 10:00 p.m.
on Saturday, Sunday, or a Federal holiday for the passage of a
recreational vessel, if the owner or operator of the vessel notifies the
Secretary of the time of that passage by not later than 12 hours before
that time.
(3) This subsection shall not be construed to prohibit a recreational
vessel from passing the Woodrow Wilson Memorial Bridge at any time at
which the drawbridge is being operated for the passage of a commercial
vessel.
(c) The Secretary shall operate the drawbridge of the Woodrow Wilson
Memorial Bridge on signal at anytime for a vessel in distress.
SEC. 5216. STATION BRANT POINT BOAT HOUSE.
(a)(1) The Secretary of Transportation shall convey to the town of
Nantucket, Massachusetts, all right, title, and interest of the United
States in and to the building known as the Station Brant Point Boat
House located at Coast Guard Station Brant Point, Nantucket,
Massachusetts.
(2) A conveyance of the building under paragraph (1) shall be made --
(A) without the payment of consideration; and
(B) subject to appropriate terms and conditions the Secretary
considers necessary.
(b)(1) The Secretary shall enter into a lease of not less than 20
years permitting the town of Nantucket to occupy the property on which
the Brant Point Boat House is located, subject to appropriate terms and
conditions the Secretary considers necessary.
(2) If the Secretary determines that the property leased under
paragraph (1) is necessary for purposes of Coast Guard, the Secretary --
(A) may terminate the lease without payment of compensation;
and
(B) shall provide the town of Nantucket with not less than 12
months notice of the requirement to vacate the site and move the
Boat House to another location.
SEC. 5217. STUDY OF THE APPLICATION OF TILTROTOR AIRCRAFT TECHNOLOGY
TO COAST GUARD MISSIONS.
(a) Not later than one year after the date of enactment of this Act,
the Secretary of Transportation shall submit a study to Congress on the
application of the V-22 Osprey tiltrotor technology to Coast Guard
missions.
(b) In conducting the study under subsection (a), the Secretary shall
--
(1) evaluate the application of tiltrotor technology to Coast
Guard missions including --
(A) search and rescue at sea; and
(B) the enforcement of laws of the United States especially
with respect to drug interdiction;
(2) determine whether use of the technology in the Coast Guard
marine environmental protection program would minimize the damage
caused by oil or hazardous substances spills in the waters of the
United States; and
(3) determine what effect the technology would have on Coast
Guard manpower and operating costs, compared to those costs
associated with technology currently used by the Coast Guard.
SEC. 5218. ENFORCEMENT AGREEMENTS.
The Coast Guard and the Department of Commerce shall enter into a
Memorandum of Agreement regarding fisheries enforcement practices and
procedures that provide at a minimum for the opportunity, if timely
requested, to appear in person to respond to charges of violation of law
or regulation when the opportunity for a hearing is granted by statute.
The Memorandum of Agreement shall also provide that all enforcement
procedures shall be fair and consistently applied.
SEC. 5219. AUTHORIZING PAYMENTS TO CERTAIN SUBCONTRACTORS.
(a) Not later than 6 months after the date of enactment of this
Title, the Secretary of Transportation shall determine the amounts that
MZP, Incorporated, owes to all subcontractors that performed work or
supplied materials under Coast Guard contract DTCG50-87-C-00096.
(b) Investigations or interviews conducted to determine amounts owed
under subsection (a) shall be conducted in Ketchikan, Alaska.
(c) not later than two months after making the determinations under
subsection (a), the Secretary is authorized to pay the subcontractors
the amounts owed.
SEC. 5220. SANKATY HEAD LIGHT STATION.
(a)(1) The Secretary of Transportation shall convey to the Nantucket
Historical Association in Nantucket, Massachusetts, by an appropriate
means of conveyance, all right, title, and interest of the United States
in and to property comprising the Sankaty Head Light Station.
(2) The Secretary may identify, describe, and determine the property
to be conveyed pursuant to this section.
(b)(1) A conveyance of property pursuant to this section shall be
made --
(A) without the payment of consideration;
(B) subject to the condition that all or part of the property
may be sold and the money from the sale used for the purpose of
moving the Sankaty Head Lighthouse to a location at which the
Lighthouse can be maintained and preserved and for its maintenance
and preservation in accordance with paragraph (2); and
(C) subject to such other terms and conditions as the Secretary
may consider appropriate.
(2) In addition to any term or condition established pursuant to
paragraph (1), any conveyance of property pursuant to this section shall
be subject to the condition that all right, title, and interest in the
Sankaty Head Lighthouse shall immediately revert to the United States if
the Lighthouse ceases to be maintained as a nonprofit center for public
benefit for the interpretation and preservation of the material culture
of the United States Coast Guard and the maritime history of Nantucket,
Massachusetts.
(3) Any conveyance of property pursuant to this section shall be
subject to such conditions as the Secretary considers to be necessary to
assure that --
(A) the light, antennas, sound signal, and associated
lighthouse equipment located on the property conveyed, which are
active aids to navigation, shall continue to be operated and
maintained by the United States for as long as they are needed for
this purpose;
(B) the Nantucket Historical Association may not interfere or
allow interference in any manner with such aids to navigation
without express written permission from the United States;
(C) there is reserved to the United States the right to
replace, or add any aids to navigation, or make any changes to the
Sankaty Head Lighthouse as may be necessary for navigation
purposes;
(D) the United States shall have the right, at any time, to
enter the prperty conveyed, or the property to which the Sankaty
Head Lighthouse is relocated, without notice for the purpose of
maintaining navigation aids; and
(E) the United States shall have an easement of access to such
property for the purpose of maintaining the navigational aids in
use on the property.
(4) The Nantucket Historical Association shall not have any
obligation to maintain any active aid to navigation equipment on
property conveyed pursuant to this section or on property to which the
Sankaty Head Lighthouse may be relocated.
(c) The Nantucket Historical Association shall maintain the Sankaty
Head Lighthouse in accordance with the provisions of the National
Historic Preservation Act (16 U.S.C. 470 et seq.) and other applicable
laws.
(d) For purposes of this section;
(1) "Sankaty Head Light Station" means the Coast Guard
lighthouse located on the eastern shore of Nantucket Island,
Massachusetts, including the keeper's dwelling, adjacent Coast
Guard rights of way, and such land as may be necessary to enable
the Nantucket Historical Association to use the proceeds from the
sale of the land for the relocation, maintenance and preservation
of the Sankaty Head Lighthouse; and
(2) "Sankaty Head Lighthouse" means the Coast Guard lighthouse
located at the Sankaty Head Light Station.
SEC. 5221. STUDY OF BUOY CHAIN PROCUREMENT PRACTICES.
(a) Not later than six months after the date of enactment of this
Title, the Secretary of Transportation shall submit a study to Congress
on acquisition of Coast Guard buoy chain.
(b) In conducting the study under subsection (a), the Secretary shall
consider --
(1) the ability of United States buoy chain manufacturers to
successfully compete for United States Government contracts to
provide buoy chain to the Coast Guard; and
(2) the effect on the national security of United States
dependence on foreign sources for acquisition of buoy chain.
SEC. 5222. CORRECTION REGARDING CERTAIN EXEMPTIONS.
Section 4506 of title 46, United States Code, is amended by striking
"4502(b)(2)" and inserting "4502(b)(2)(B)".
SEC. 5223. CONTRACT FOR CERTAIN SERVICES AT COAST GUARD SUPPORT
CENTER IN KODIAK, ALASKA.
Notwithstanding any other law, the Coast Guard is authorized,
pursuant to the provisions of applicable acquisition regulations, to
enter into a negotiated contract with PTI, at a fair and reasonable
price that reflects a fair allocation of costs between Alaska ratepayers
and the Coast Guard, to provide Digitrex central-office-based business
services to the Coast Guard Support Center in Kodiak, Alaska, at
Building 576. The Coast Guard shall pay only for service and service
enhancements received or to be received by the United States at the
Coast Guard Support Center, Kodiak, Alaska. The termination liability
of such contract shall be negotiated, but shall not exceed $842,047.
SEC. 5301. "46 USC 4701 note" SHORT TITLE.
This subtitle may be cited as the "Abandoned Barge Act of 1992".
SEC. 5302. ABANDONMENT OF BARGES.
Part B of subtitle II of title 46, United States Code, is amended by
adding at the end the following new chapter:
"Sec.
"4701. Definitions.
"4702. Abandonment of barge prohibited.
"4703. Penalty for unlawful abandonment of barge.
"4704. Removal of abandoned barges.
"4705. Liability of barge removal contractors.
"Section 4701. Definitions
"In this chapter --
"(1) 'abandon' means to moor, strand, wreck, sink, or leave a
barge of more than 100 gross tons unattended for longer than
forty-five days.
"(2) 'barge removal contractor' means a person that enters into
a contract with the United States to remove an abandoned barge
under this chapter.
"(3) 'navigable waters of the United States' means waters of
the United States, including the territorial sea.
"(4) 'removal' or 'remove' means relocation, sale, scrapping,
or other method of disposal.
"Section 4702. Abandonment of barge prohibited
"(a) An owner or operator of a barge may not abandon it on the
navigable waters of the United States. A barge is deemed not to be
abandoned if --
"(1) it is located at a Federally- or State-approved mooring
area;
"(2) it is on private property with the permission of the owner
of the property; or
"(3) the owner or operator notifies the Secretary that the
barge is not abandoned and the location of the barge."
"Section 4703. Penalty for unlawful abandonment of barge
"Thirty days after the notification procedures under section
4704(a)(1) are completed, the Secretary may assess a civil penalty of
not more than $1,000 for each day of the violation against an owner or
operator that violates section 4702. A vessel with respect to which a
penalty is assessed under this chapter is liable in rem for the penalty.
"Section 4704. Removal of abandoned barges
"(a)(1) The Secretary may remove a barge that is abandoned after
complying with the following procedures:
"(A) If the identity of the owner or operator can be
determined, the Secretary shall notify the owner or operator by
certified mail --
"(i) that if the barge is not removed it will be removed at the
owner's or operator's expense; and
"(ii) of the penalty under section 4703.
"(B) If the identity of the owner or operator cannot be
determined, the Secretary shall publish an announcement in --
"(i) a notice to mariners; and
"(ii) an official journal of the county in which the barge is
located that if the barge is not removed it will be removed at the
owner's or operator's expense.
"(2) The United States, and any officer or employee of the United
States is not liable to an owner or operator for damages resulting from
removal of an abandoned barge under this chapter.
"(b) The owner or operator of an abandoned barge is liable, and an
abandoned barge is liable in rem, for all expenses that the United
States incurs in removing an abandoned barge under this chapter.
"(c)(1) The Secretary may, after providing notice under subsection
(a)(1), solicit by public advertisement sealed bids for the removal of
an abandoned barge.
"(2) After solicitation under paragraph (1) the Secretary may award a
contract. The contract --
"(A) may be subject to the condition that the barge and all
property on the barge is the property of the barge removal
contractor; and
"(B) must require the barge removal contractor to submit to the
Secretary a plan for the removal.
"(3) Removal of an abandoned barge may begin thirty days after the
Secretary completes the procedures under subsection (a)(1).
"Section 4705. Liability of barge removal contractors
"(a)(1) A barge removal contractor and its subcontractor not liable
for damages that result from actions taken or omitted to be taken in the
course of removing a barge under this chapter.
"(2) Paragraph (1) does not apply --
"(A) with respect to personal injury or wrongful death; or
"(B) if the contractor or subcontractor is grossly negligent or
engages in willful misconduct.".
SEC. 5303. "46 USC 4701 note" APPLICATION TO CERTAIN BARGES.
Chapter 47 of title 46, United States Code, as added by subsection
(a), does not apply to a barge abandoned before June 11, 1992, if the
barge was removed before the date that is 1 year after the date of
enactment of this title.
SEC. 5304. CLERICAL AMENDMENT.
The analysis of subtitle II at the beginning of title 46, United
States Code, is amended by inserting after the item relating to chapter
45 the following:
"47. Abandonment of barges . . . 4701".
SEC. 5305. NUMBERING OF BARGES.
Section 12301 of title 46, United States Code, is amended --
(1) by inserting "(a)" before "An undocumented vessel"; and
(2) by adding at the end the following:
"(b) The Secretary shall require an undocumented barge more than 100
gross tons operating on the navigable waters of the United States to be
numbered.".
SEC. 5401. FINDINGS.
The Congress finds the following:
(1) The Congress passed legislation 50 years ago establishing
the Coast Guard Women's Reserve.
(2) The Congress recognized both women's right to participate
in the total war effort and the military's pressing need for women
during World War II.
(3) The Congress responded to women's commitment and dedication
by creating the Coast Guard Women's Reserve as a sister service to
the WACS, and the Women Marines.
(4) The first director of the Coast Guard Women's Reserve,
Captain Dorothy C. Stratton, named the Coast Guard Women's Reserve
SPAR, an acronym derived from the Latin and English translations
of the Coast Guard motto, Semper Paratus Always Ready.
(5) The first director recruited the best and brightest women
from industry, educational institutions, and homes.
(6) SPARS' high level of education and experience greatly
reduced the need for further training and SPARS only needed to be
taught military structure and Coast Guard missions and traditions.
(7) SPARS made history by being the first women trained at a
service academy.
(8) SPARS performed admirably as executive officers, division
heads, officers of the day, watch officers, and courts martial
members.
(9) SPARS served our Nation as boatswain mates, coxswains,
gunners mates, carpenters, and machinists mates.
(10) SPARS served with distinction in highly specialized jobs
during the Korean War and the Vietnam Conflict.
(11) A group of Coast Guard Women's Reserve remained on active
duty during the 1950's and 1960's, primarily at Coast Guard
headquarters.
(12) In 1950, women were integrated into the Organized Reserve
Training Program.
(13) In every phase of Coast Guard history, women have served
our Nation with dedication, honor, and sacrifice.
SEC. 5402. DESIGNATION OF SPAR ANNIVERSARY WEEK.
November 17 through November 23, 1992, is designated as "SPAR
Anniversary Week". The President is authorized and requested to issue a
proclamation calling on the people of the United States to observe the
week with appropriate programs, ceremonies, and activities.
SEC. 5501. COASTWISE LAWS.
(a)(1) Section 1 of the Act of May 28, 1906 (46 App. U.S.C. 292) is
amended to read as follows:
"SECTION 1. VESSELS THAT MAY ENGAGE IN DREDGING.
"(a) IN GENERAL. -- Except as provided in subsection (b), a vessel
may engage in dredging in the navigable waters of the United States only
if --
"(1) the vessel meets the requirements of section 27 of the
Merchant Marines Act, 1920 and section 2 of the Shipping Act, 1916
for engaging in the coastwise trade;
"(2) when chartered, the charterer of the vessel is a citizen
of the United States under section 2 of the Shipping Act, 1916 for
engaging in the coastwise trade; and
"(3) for a vessel that is at least 5 net tons, the vessel is
documented under chapter 121 of title 46, United States Code, with
a coastwise endorsement.
"(b) EXCEPTION. -- A documented vessel with a registry endorsement
may engage in the dredging of gold in Alaska.
"(c) PENALTY. -- When a vessel is operated in knowing violation of
this section, that vessel and its equipment are liable to seizure by and
forfeiture to the United States Government.".
(2) The amendment made by paragraph (1) "46 USC app. 292 note" does
not apply to --
(A)(i) the vessel STUYVESANT, official number 648540;
(ii) any other hopper dredging vessel documented under chapter
121 of title 46, United States Code before the effective date of
this Act and chartered to Stuyvesant Dredging Company or to an
entity in which it has an ownership interest; however, this
exception expires on December 3, 2022 or when the vessel
STUYVESANT ceases to be documented under chapter 121, whichever
first occurs; and
(iii) any other non-hopper dredging vessel documented under
chapter 121 and chartered to Stuyvesant Dredging Company or to an
entity in which it has an ownership interest, as is necessary (a)
to fulfill dredging obligations under a specific contract,
including any extension periods; or (b) as temporary replacement
capacity for a vessel which has become disabled but only for so
long as the disability shall last and until the vessel is in a
position to fully resume dredging operations; however, this
exception expires on December 8, 2022 or when the vessel
STUYVESANT ceases to be documented under chapter 121, whichever
first occurs;
(B) the vessel COLUMBUS, official number 590658, except that
the vessel's certificate of documentation shall be endorsed to
prohibit the vessel from engaging in the transportation of
merchandise (except valueless material), including dredge material
of value, between places within the navigable waters of the United
States;
(C) a vessel that is engaged in dredged material excavation if
that excavation is not more than a minority of the total cost of
the construction contract in which the excavation is a single,
integral part, and the vessel is --
(i) built in the United States;
(ii) a non-self-propelled mechanical clamshell dredging vessel;
and
(iii) owned or chartered by a corporation that had on file with
the Secretary of Transportation, on August 1, 1989, the
certificate specified in section 27A of the Merchant Marine Act,
1920 (46 App. U.S.C. 883-1); or
(D) any other documented vessel engaged in dredging and time
chartered to an entity that, on August 1, 1989, was, and has
continuously remained, the parent of a corporation that had on
file with the Secretary of Transportation on August 1, 1989, a
certificate specified in section 27A of the Merchant Marine Act,
1920 (46 App. U.S.C. 883-1) if the vessel is --
(i) not engaged in a federally funded navigation dredging
project; and
(ii) engaged only in dredging associated with, and integral to,
accomplishment of that parent's regular business requirements.
(b) Section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883)
is amended by striking "merchandise" the first place it appears and
inserting "merchandise, including merchandise owned by the United States
Government, a State (as defined in section 2101 of the title 46, United
States Code), or a subdivision of a State,".
(c) The Act of June 7, 1988 (Public Law 100-329; "46 USC app. 883
note" 102 Stat. 588), including the amendments made by that Act, does
not apply to a vessel --
(1) engaged in the transportation of valueless material or
valueless dredged material; and
(2) owned or chartered by a corporation that had on file with
the Secretary of Transportation on August 1, 1989, the certificate
specified in section 27A of the Merchant Marine Act, 1920 (46 App.
U.S.C. 883-1).
SEC. 5502. TREATMENT OF CERTAIN SEIZED FISHING VESSELS UNDER
FISHERMEN'S PROTECTIVE ACT OF 1967.
(a) Notwithstanding another law, each of the vessels described in
subsection (b) of this section is deemed to have been covered by an
agreement, beginning August 13, 1992, and ending September 29, 1992,
with the Secretary of State under section 7 of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1977).
(b) The vessels referred to in subsection (a) are the following:
(1) THE KANAOLA (United States official number 923848).
(2) THE MANA LOA (United States official number 919649).
(3) THE MANA OLA (United States official number 902605).
(4) THE MANA IKI (United States official number 906800).
SEC. 5601. "33 USC 1322 note" SHORT TITLE.
This subtitle may be cited as the "Clean Vessel Act of 1992".
SEC. 5602. FINDINGS; PURPOSE.
(a) FINDINGS. -- The Congress finds the following:
(1) The discharge of untreated sewage by vessels is prohibited
under Federal law in all areas within the navigable waters of the
United States.
(2) The discharge of treated sewage by vessels is prohibited
under either Federal or State law in many of the United States
bodies of water where recreational boaters operate.
(3) There is currently an inadequate number of pumpout stations
for type III marine sanitation devices where recreational vessels
normally operate.
(4) Sewage discharged by recreational vessels because of an
inadequate number of pumpout stations is a substantial contributor
to localized degradation of water quality in the United States.
(b) PURPOSE. -- The purpose of this subtitle is to provide funds to
States for the construction, renovation, operation, and maintenance of
pumpout stations and waste reception facilities.
SEC. 5603. DETERMINATION AND PLAN REGARDING STATE MARINE SANITATION
DEVICE PUMPOUT STATION NEEDS.
(a) SURVEY. -- Within 3 months after the notification under section
5605(b), each coastal State shall conduct a survey to determine --
(1) the number and location of all operational pumpout stations
and waste reception facilities at public and private marinas,
mooring areas, docks, and other boating access facilities within
the coastal zone of the State; and
(2) the number of recreational vessels in the coastal waters of
the State with type III marine sanitation devices or portable
toilets, and the areas of those coastal waters where those vessels
congregate.
(b) PLAN. -- Within 6 months after the notification under section
5605(b), and based on the survey conducted under subsection (a) each
coastal State shall --
(1) develop and submit to the Secretary of the Interior a plan
for any construction or renovation of pumpout stations and waste
reception facilities that are necessary to ensure that, based on
the guidance issued under section 5605(a), there are pumpout
stations and waste reception facilities in the State that are
adequate and reasonably available to meet the needs of
recreational vessels using the coastal waters of the State; and
(2) submit to the Secretary of the Interior with that plan a
list of all stations and facilities in the coastal zone of the
State which are operational on the date of submittal.
(c) PLAN APPROVAL. --
(1) IN GENERAL. -- Not later than 60 days after a plan is
submitted by a State under subsection (b), the Secretary of the
Interior shall approve or disapprove the plan, based on --
(A) the adequacy of the survey conducted by the State under
subsection (a); and
(B) the ability of the plan based on the guidance issued under
section 5605(a), to meet the construction and renovation needs of
the recreational vessels identified in the survey.
(2) NOTIFICATION OF STATE; MODIFICATION. -- The Secretary of
the Interior shall promptly notify the affected Governor of the
approval or disapproval of a plan. If a plan is disapproved, the
Secretary of the Interior shall recommend necessary modifications
and return the plan to the affected Governor.
(3) RESUBMITTAL. -- Not later than 60 days after receiving a
plan returned by the Secretary of the Interior, the Governor shall
make the appropriate changes and resubmit the plan.
(d) INDICATION OF STATIONS AND FACILITIES ON NOAA
CHARTS. --
(1) IN GENERAL. -- The Under Secretary of Commerce for Oceans
and Atmosphere shall indicate, on charts published by the National
Oceanic and Atmospheric Administration for the use of operators of
recreational vessels, the locations of pumpout stations and waste
reception facilities.
(2) NOTIFICATION OF NOAA. --
(A) LISTS OF STTIONS AND FACILITIES. -- The Secretary of the
Interior shall transmit to the Under Secretary of Commerce for
Oceans and Atmosphere each list of operational stations and
facilities submitted by a State under subsection (b)(2), by not
later than 30 days after the date of receipt of that list.
(B) COMPLETION OF PROJECT. -- The Director of the United
States Fish and Wildlife Service shall notify the Under Secretary
of the location of each station or facility at which a
construction or renovation project is completed by a State with
amounts made available under the Act of August 9, 1950 (16 U.S.C.
777a et seq.), as amended by this subtitle, by not later than 30
days after the date of notification by a State of the completion
of the project.
SEC. 5604. FUNDING.
(a) TRANSFER. -- Section 4 of the Act of August 9, 1950 (16 U.S.C.
777c), is amended --
(1) by striking "So much, not to exceed 6 per centum," and all
that follows through "shall apportion the remainder of the
appropriation for each fiscal year among the several States" and
inserting the following:
"(a) The Secretary of the Interior shall distribute 18 per centum of
each annual appropriation made in accordance with the provisions of
section 3 of this Act as provided in the Coastal Wetlands Planning,
Protection, and Restoration Act (title III, Public Law 101-646).
Notwithstanding the provisions of section 3 of this Act, such sums shall
remain available to carry out such Act through fiscal year 1999.
"(b) Of the balance of each such annual appropriation remaining after
making the distribution under subsection (a), an amount equal to
$10,000,000 for fiscal year 1993, $15,000,000 for each of fiscal years
1994 and 1995, and $20,000,000 for each of fiscal years 1996, and 1997
shall be used as follows:
"(1) one-half shall be transferred to the Secretary of
Transportation and be expended for State recreational boating
safety programs under section 13106(a)(1) of title 46, United
States Code; and
"(2) one-half of amounts made available under this subsection
in a fiscal year shall be available for two years for obligation
under section 5604(c) of the Clean Vessel Act of 1992. The
Secretary of the Interior may make grants for qualified projects
in an amount up to the amount available under this paragraph.
Amounts unobligated by the Secretary of the Interior after two
years shall be transferred to the Secretary of Transportation and
be expended for State recreational boating safety programs under
section 13106(a)(1) of title 46, United States Code.
In fiscal year 1998, an amount equal to $20,000,000 of the balance
remaining after the distribution under subsection (a) shall be
transferred to the Secretary of Transportation and be expended for State
recreational boating safety programs under section 13106(a)(1) of title
46, United States Code.
"(c) Of the balance of each such annual appropriation remaining after
the distribution and use under subsections (a) and (b), respectively, so
much, not to exceed 6 per centum of such balance, as the Secretary of
the Interior may estimate to be necessary for his or her expenses in the
conduct of necessary investigations, administration, and the execution
of this Act and for aiding in the formulation, adoption, or
administration of any compact between two or more States for the
conservation and management of migratory fishes in marine or
freshwaters, shall be deducted for that purpose, and such sum is
authorized to be made available until the expiration of the next
succeeding fiscal year.
"(d) The Secretary of the Interior, after the distribution, transfer,
use, and deduction under subsections (a), (b), and (c), respectively,
shall apportion the remainder of each such annual appropriation among
the several States"; and
"(2) by inserting "(e)" before "So much of any sum" and redesignating
the last 2 sentences of that section as subsection (e).
(b) ACCESS INCREASE. -- Section 8 of the Act of August 9, 1950 (16
U.S.C. 777g), is amended --
(1) in subsection (b)(1) by:
(A) striking "10 per centum" and inserting "12 1/2 per centum";
and
(B) inserting after the first sentence the following:
"Notwithstanding this provision, States within a United States
Fish and Wildlife Service Administrative Region may allocate more
or less than 12 1/2 per centum in a fiscal year, provided that the
total regional allocation averages 12 1/2 per centum over a 5 year
period.";
(2) in subsection (b)(2) by:
(A) striking "fiscal year" after "succeeding" the first time it
appears and inserting "four fiscal years"; and
(B) striking "succeeding fiscal year" the second time it
appears and inserting "period";
(3) in subsection (c) by inserting "and outreach" in the first
sentence after "education"; and
(4) by adding at the end the following new subsection:
"(d) PUMPOUT STATIONS AND WASTE RECEPTION FACILITIES. -- Amounts
apportioned to States under section 4 of this Act may be used to pay not
more than 75 percent of the costs of constructing, renovating,
operating, or maintaining pumpout stations and waste reception
facilities (as those terms are defined in the Clean Vessel Act of
1992).".
(c) GRANT PROGRAM. --
(1) MATCHING GRANTS. -- The Secretary of the Interior may
obligate an amount not to exceed the amount made available under
section 4(b)(2) of the Act of August 9, 1950 (16 U.S.C.
777c(b)(2), as amended by this Act), to make grants to --
(A) coastal States to pay not more than 75 percent of the cost
to a coastal State of --
(i) conducting a survey under section 5603(a);
(ii) developing and submitting a plan and accompanying list
under section 5603(b);
(iii) constructing and renovating pumpout stations and waste
reception facilities; and
(iv) conducting a program to educate recreational boaters about
the problem of human body waste discharges from vessels and inform
them of the location of pumpout stations and waste reception
facilities.
(B) inland States, which can demonstrate to the Secretary of
the Interior that there are an inadequate number of pumpout
stations and waste reception facilities to meet the needs of
recreational vessels in the waters of that State, to pay 75
percent of the cost to that State of --
(i) constructing and renovating pumpout stations and waste
reception facilities in the inland State; and
(ii) conducting a program to educate recreational boaters about
the problem of human body waste discharges from vessels and inform
them of the location of pumpout stations and waste reception
facilities.
(2) PRIORITY. -- In awarding grants under this subsection, the
Secretary of the Interior shall give priority consideration to
grant applications that --
(A) in coastal States, propose constructing and renovating
pumpout stations and waste reception facilities in accordance with
a coastal State's plan approved under section 5603(c);
(B) provide for public/private partnership efforts to develop
and operate pumpout stations and waste receptions facilities; and
(C) propose innovative ways to increase the availability and
use of pumpout stations and waste reception facilities.
(d) DISCLAIMER. -- Nothing in this subtitle shall be interpreted to
preclude a State from carrying out the provisions of this subtitle with
funds other than those described in this section.
SEC. 5605. GUIDANCE AND NOTIFICATION.
(a) ISSUANCE OF GUIDANCE. -- Not later than 3 months after the date
of the enactment of this subtitle, the Secretary of the Interior shall,
after consulting with the Administrator of the Environmental Protection
Agency, the Under Secretary of Commerce for Oceans and Atmosphere, and
the Commandant of the Coast Guard, issue for public comment pumpout
station and waste reception facility guidance. The Secretary of the
Interior shall finalize the guidance not later than 6 months after the
date of enactment of this subtitle. The guidance shall include --
(1) guiance regarding the types of pumpout stations and waste
reception facilities that may be appropriate for construction,
renovation, operation, or maintenance with amounts available under
the Act of August 9, 1950 (16 U.S.C. 777a et seq.), as amended by
this subtitle, and appropriate location of the stations and
facilities within a marina or boatyard;
(2) guidance defining what constitutes adequate and reasonably
available pumpout stations and waste reception facilities in
boating areas;
(3) guidance on appropriate methods for disposal of vessel
sewage from pumpout stations and waste reception facilities;
(4) guidance on appropriate connector fittings to facilitate
the sanitary and expeditious discharge of sewage from vessels;
(5) guidance on the waters most likely to be affected by the
discharge of sewage from vessels; and
(6) other information that is considered necessary to promote
the establishment of pumpout facilities to reduce sewage
discharges from vessels and to protect United States waters.
(b) NOTIFICATION. -- Not later than one month after the guidance
issued under subsection (a) is finalized, the Secretary of the Interior
shall provide notification in writing to the fish and wildlife, water
pollution control, and coastal zone management authorities of each
State, of --
(1) the availability of amounts under the Act of August 9, 1950
(16 U.S.C. 777a et seq.) to implement the Clean Vessel Act of
1992; and
(2) the guidance developed under subsection (a).
SEC. 5606. EFFECT ON STATE FUNDING ELIGIBILITY.
This subtitle shall not be construed or applied to jeopardize any
funds available to a coastal State under the Act of August 9, 1950 (16
U.S.C. 777a et seq.), if the coastal State is, in good faith, pursuing a
survey and plan designed to meet the purposes of this subtitle.
SEC. 5607. APPLICABILITY.
The requirements of section 5603 shall not apply to a coastal State
if within six months after the date of enactment of this subtitle the
Secretary of the Interior certifies that --
(1) the State has developed and is implementing a plan that
will ensure that there will be pumpout stations and waste
reception facilities adequate to meet the needs of recreational
vessels in the coastal waters of the State; or
(2) existing pumpout stations and waste reception facilities in
the coastal waters of the State are adequate to meet those needs.
SEC. 5608. DEFINITIONS.
For the purposes of this subtitle the term:
(1) "coastal State" --
(A) means a State of the United States in, or bordering on the
Atlantic, Pacific, or Arctic Ocean; the Gulf of Mexico; Long
Island Sound; or one or more of the Great Lakes;
(B) includes Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and American Samoa;
and
(C) does not include a State for which the ratio of the number
of recreational vessels in the State numbered under chapter 123 of
title 46, United States Code, to number of miles of shoreline (as
that term is defined in section 926.2(d) of title 15, Code of
Federal Regulations, as in effect on January 1, 1991), is less
than one.
(2) "coastal waters" means --
(A) in the Great Lakes area, the waters within the territorial
jurisdiction of the United States consisting of the Great Lakes,
their connecting waters, harbors, roadsteads, and estuary-type
areas such as bays, shallows, and marshes; and
(B) in other areas, those waters, adjacent to the shorelines,
which contain a measurable percentage of sea water, including
sounds, bay, lagoons, bayous, ponds, and estuaries.
(3) "coastal zone" has the same meaning that term has in
section 304(1) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1453(1));
(4) "inland State" means a State which is not a coastal state;
(5) "type III marine sanitation device" means any equipment for
installation on board a vessel which is specifically designed to
receive, retain, and discharge human body wastes;
(6) "pumpout station" means a facility that pumps or receives
human body wastes out of type III marine sanitation devices
installed on board vessels;
(7) "recreational vessel" means a vessel --
(A) manufactured for operation, or operated, primarily for
pleasure; or
(B) leased, rented, or chartered to another for the latter's
pleasure; and
(8) "waste reception facility" means a facility specifically
designed to receive wastes from portable toilets carried on
vessels, and does not include lavatories.
SEC. 6101. GENERAL WAIVERS.
Notwithstanding sections 12106, 12107, and 12108 of title 46, United
States Code, and section 27 of the Merchant Marine Act, 1920 (46 App.
U.S.C. 883), the Secretary of Transportation may issue a certificate of
documentation for the following vessels:
(1) A WEIGH OF LIFE (United States official number 973177).
(2) Barge MM 262 (United States official number 298924).
(3) BAY LADY (United States official number 944634).
(4) BLACK MAGIC (United States official number 617553).
(5) BLITHE SPIRIT (United States official number 584730).
(6) BLUEJACKET (United States official number 973459).
(7) BROWN BEAR (United States official number 980667).
(8) CAMINANTE (United States official number 953255).
(9) DELPHINUS II (United States official number 958902).
(10) EAGLE (United States official number 645820).
(11) EL BONGO (hull identification number C-200146; New York
State registration number 1104FE).
(12) FIFTY-FIFTY (United States official number 272866).
(13) FOUR B'S (United States official number 915062).
(14) HAZANA (State of Hawaii registration number HA9219D).
(15) HIGH CALIBRE (United States official number 587630).
(16) JUBILEE (United States official number 582812).
(17) LIQUID GOLD (United States official number 618121).
(18) MARIPOSA (United States official number 982102).
(19) MISS JOAN (State of Ohio registration number 3250 XK).
(20) NORTH ATLANTIC (United States official number 695377).
(21) POTOMAC QUEEN (District of Columbia registration number
DC7239B).
(22) REDDY JANE (United States official number 928388).
(23) SEA HORSE (United States official number 516343).
(24) SHORELINE XV (United States official number 644839).
(25) SLALOM (Florida registration number FL1590HD).
(26) SOUTHERN YANKEE (United States official number 976653).
(27) THE DAY DREAM (United States official number 644805).
(28) TOUCH OF CLASS (State of Hawaii registration number
HA8762E).
(29) WILD GOOSE (State of California registration number
CF6431FW).
SEC. 6102. WAIVER FOR OIL SPILL ACTIVITIES.
Notwithstanding sections 12106 and 12108 of title 46, United States
Code, and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C.
883), the Secretary of Transportation may issue a certificate of
documentation for the vessel U.S.M.V. DELIVERER (United States official
number 661235) with usage of the vessel under sections 12106 and 12108
of title 46, United States Code, limited to oil spill cleanup and
support activities.
SEC. 6103. LIMITED WAIVER.
Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App.
U.S.C. 883), the Secretary of Transportation may issue a certificate of
documentation for the vessel TESORO (official number 696047).
SEC. 6104. LIMITED WAIVER FOR YUPIK STAR.
Notwithstanding section 12106 of title 46, United States Code, and
section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), as
applicable on the date of the enactment of this Act, the Secretary of
Transportation may issue a certificate of documentation for the fish
processing vessel YUPIK STAR (United States official number 900823).
SEC. 6105. SALE OF VESSELS.
(a) SALE AUTHORIZED. -- Notwithstanding any other law or any
agreement with the United States Government, the vessels described in
subsection (b) may be sold to a person that is not a citizen of the
United States and transferred to a foreign registry, if that sale is
approved by the Secretary of Transportation under section 9(c) of the
Shipping Act, 1916 (46 App. U.S.C. 808(c)).
(b) VESSELS DESCRIBED. -- The vessels referred to in subsection (a)
are the following:
(1) OCEAN CHALLENGER (United States official number 569583).
(2) OCEAN RUNNER (United States official number 564344).
(3) OCEAN WIZARD (United States official number 574906).
SEC. 6201. STUDENT INCENTIVE PAYMENTS.
(a) AMOUNT OF ANNUAL PAYMENT. --
(1) INCREASE IN AMOUNT. -- Section 1304(g)(1) of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1295c(g)(1)) is amended by
striking "$1,200" and inserting "$3,000".
(2) APPLICATION. -- The amendment made by subsection (a) "46
USC app. 1395c note" shall apply to payments under section
1304(g)(1) of the Merchant Marine Act, 1936 (46 App. U.S.C.
1295c(g)(1)) made with respect to academic years beginning after
the date of the enactment of this Act.
(b) MANNER OF PAYMENT. -- Section 1304(g)(1) of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1295c(g)(1)) is further amended --
(1) in subparagraph (B) by inserting "and" after the semicolon;
(2) by striking subparagraph (C);
(3) by redesignating subparagraph (D) as subparagraph (C); and
(4) in subparagraph (C) (as so redesignated) by striking ", for
the academic years after those years specified in subparagraph
(C),".
(c) CONFORMING AMENDMENT. -- Section 1304(g)(4) of the Merchant
Marine Act, 1936 (46 App. U.S.C. 1295c(g)(4)) is amended by striking
"paragraph (1)(C) of this subsection" and inserting "paragraph (1)".
SEC. 6202. TRANSFER OF CERTAIN VESSELS.
The Secretary of the Navy shall transfer to the Department of
Transportation the following vessels, to be assigned as training ships
to Texas A&M University at Galveston, Texas, and to the Maine Maritime
Academy at Castine, Maine, when those vessels are no longer required for
use by the Navy:
(1) U.S.N.S. CHAUVENET (T-AG-29).
(2) U.S.N.S. HARKNESS (T-AG-32).
SEC. 6203. MASSACHUSETTS CENTER FOR MARINE ENVIRONMENTAL PROTECTION.
For Fiscal Year 1993, $242,000 is authorized to be appropriated to
the Maritime Administration for the Massachusetts Center for Marine
Environmental Protection located at the Massachusetts Maritime Academy.
SEC. 6204. FEDERAL SHIP MORTGAGE INSURANCE FOR CERTAIN CONSTRUCTION
AND RECONSTRUCTION.
Section 1104B(b)(2) of the Merchant Marine Act, 1936 (46 App. U.S.C.
1274a(b)(2)) is amended by striking "73 percent" and inserting "87 1/2
percent".
SEC. 6205. TECHNICAL CORRECTIONS.
(a) MERCHANT SHIP SALES ACT OF 1946. -- Section 11(b) of the
Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1744), as amended by
section 6 of the Act of October 13, 1989 (Public Law 101-115; 103 Stat.
693; commonly referred to as the "Maritime Administration
Authorization, 1990"), is amended to read as if it had not been repealed
by section 307(12) of the Coast Guard Authorization Act of 1989 (Public
Law 101-225; 103 Stat. 1925). "50 USC app. 1744 note" The effective
date of this subsection is December 12, 1989.
(b) MERCHANT MARINE ACT, 1920. -- Section 19 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 876) is amended --
(1) in paragraph (1)(b) by striking "systems" and inserting
"systems"; and
(2) in paragraph (7)(d) by striking "in proceedings under
paragraph (1)(b)(7) of this section," and inserting "under
subdivision (b),".
SEC. 7101. "16 USC 3741 note" SHORT TITLE.
This Title may be cited as the "Partnerships for Wildlife Act".
SEC. 7102. "16 USC 3741" FINDINGS.
The Congress finds the following:
(1) Three-fourths of all American children and adults
participate in wildlife-related recreational activities other than
hunting, fishing and trapping.
(2) In 1985, Americans spent over $14 billion on nonconsumptive
wildlife-related recreation.
(3) The United States and Canada are inhabited by approximately
two thousand six hundred vertebrate species of native fish and
wildlife, which have provided food, clothing, and other essentials
to a rapidly expanding human population.
(4) Over 80 percent of vertebrate fish and wildlife species in
North America are not harvested for human use.
(5) The continued well-being of this once-abundant fish and
wildlife resource, and even the very existence of many species, is
in peril.
(6) In 1967, the United States Fish and Wildlife Service
reported that forty-five common migratory bird species, which are
not hunted, had exhibited significant declines in abundance, and
that thirteen of these species have experienced widespread,
systematic declines of 46.9 percent during a twenty-year study
period.
(7) There have been nationwide declines in frogs and other
amphibians.
(8) Over two hundred and seventy-five of vertebrate fish and
wildlife species in the United States are now officially
classified as threatened or endangered by the Federal Government.
(9) During the past decade, fish and wildlife species,
including invertebrates, were added to the rapidly growing list of
threatened and endangered species in North America at the average
rate of over one per month.
(10) Currently, eighty-two species of invertebrates in the
United States are listed as threatened or endangered under the
Endangered Species Act, and another nine hundred and fifty-one
United States invertebrate species are candidates for listing
under that Act.
(11) Proper management of fish and wildlife, before species
become threatened or endangered with extinction, is the key to
reversing the increasingly desperate status of fish and wildlife.
(12) Proper fish and wildlife conservation includes not only
management of fish and wildlife species taken for recreation and
protection of endangered and threatened species, but also
management of the vast majority of species which fall into neither
category.
(13) Partnerships in fish and wildlife conservation, such as
the Federal Aid in Wildlife Restoration Program, the Federal Aid
in Sport Fish Restoration Program, and the North American Wetlands
Conservation Act have benefitted greatly the conservation of fish
and wildlife and their habitats.
(14) A program that encourages partnerships among Federal and
State governments and private entities to carry out wildlife
conservation and appreciation projects would benefit all species
of fish and wildlife through such activities as management,
research, and interagency coordination.
(15) Many States, which are experiencing declining revenues,
are finding it increasingly difficult to carry out projects to
conserve the entire array of diverse fish and wildlife species and
to provide opportunities for the public to associate with, enjoy,
and appreciate fish and wildlife through nonconsumptive
activities.
SEC. 7103. "16 USC 3742" PURPOSES.
The purposes of this title are to establish a partnership among the
United States Fish and Wildlife Service, designated State agencies, and
private organizations and individuals --
(1) to carry out wildlife conservation and appreciation
projects to conserve the entire array of diverse fish and wildlife
species in the United States and to provide opportunities for the
public to use and enjoy these fish and wildlife species through
nonconsumptive activities;
(2) to enable designated State agencies to respond more fully
and utilize their statutory and administrative authorities by
carrying out wildlife conservation and appreciation projects; and
(3) to encourage private donations, under the leadership of the
National Fish and Wildlife Foundation, to carry out wildlife
conservation and appreciation projects.
SEC. 7104. "16 USC 3743" DEFINITIONS.
As used in this title --
(1) The terms "conserve" and "conservation" mean to use, and
the use of, such methods and procedures which are necessary to
ensure, to the maximum extent practicable, the well being and
enhancement of fish and wildlife and their habitats for the
educational, aesthetic, cultural, recreational, scientific, and
ecological enrichment of the public. Such methods and procedures
may include, but are not limited to, any activity associated with
scientific resources management, such as research, census, law
enforcement, habitat acquisition, maintenance, development,
information, education, population manipulation, propagation,
technical assistance to private landowners, live trapping, and
transplantation.
(2) The term "designated State agency" means the State fish and
wildlife agency, which shall be construed to mean any department,
or any division of any department of another name, of a State that
is empowered under its law to exercise the functions ordinarily
exercised by a State fish and wildlife agency.
(3) The term "fish and wildlife" meas wild members of the
animal kingdom that are in an unconfined state.
(4) The term "Fund" means the Wildlife Conservation and
Appreciation Fund established under section 5(f) of this Act.
(5) The term "National Fish and Wildlife Foundation" means the
charitable and nonprofit corporation established under section 2
of the National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701).
(6) The term "nonconsumptive activities" means fish and
wildlife associated activities other than harvesting of fish and
wildlife and includes, but is not limited to, photographing,
observing, learning about, or associating with, fish and wildlife.
(7) The term "Secretary" means the Secretary of the Interior,
acting through the Director of the United Staes Fish and Wildlife
Service.
(8) The term "wildlife conservation and appreciation project"
means a project which is directed toward nonconsumptive activities
or toward the conservation of those species of fish and wildlife
that --
(A) are not ordinarily taken for recreation, fur, or food;
except that if under applicable State law, any fish and wildlife
may be taken for recreation, fur, or food in some but not all,
areas of the State, a wildlife conservation and appreciation
project may be directed toward the conservation of any of such
fish and wildlife within any area of the State in which such
taking is not permitted.
(B) are not listed as endangered species or threatened species
under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531-1543); and
(C) are not marine mammals within the meaning of section 3(5)
of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C.
1362(5)).
SEC. 7105. "16 USC 3744" WILDLIFE PARTNERSHIP PROGRAM.
(a) IN GENERAL. -- The Secretary shall provide the amounts available
in the Fund to designated State agencies on a matching basis to assist
in carrying out wildlife conservation and appreciation projects that are
eligible under subsection (b) of this section.
(b) ELIGIBLE PROJECTS. -- The following wildlife conservation and
appreciation projects shall be eligible for matching funds from the
Fund:
(1) inventory of fish and wildlife species;
(2) determination and monitoring of the size, range and
distribution of populations of fish and wildlife species;
(3) identification of the extent, condition, and location of
the significant habitats of fish and wildlife species;
(4) identification of the significant problems that may
adversely affect fish and wildlife species and their significant
habitats;
(5) actions to conserve fish and wildlife species and their
habitats; and
(6) actions of which the principal purpose is to provide
opportunities for the public to use and enjoy fish and wildlife
through nonconsumptive activities.
(c) PROJECT STANDARDS. -- The Secretary shall not provide funding to
carry out an eligible wildlife conservation and appreciation project
unless the Secretary determines that such a project --
(1) is planned adequately to accomplish the stated objective or
objectives;
(2) utilizes accepted fish and wildlife management principles,
sound design and appropriate procedures;
(3) will yield benefits pertinent to the identified need at a
level commensurate with project costs;
(4) provides for the tracking of costs and accomplishments
related to the project;
(5) provides for monitoring, evaluating, and reporting of the
accomplishment of project objectives; and
(6) complies with all applicable Federal environmental laws and
regulations.
(d) LIMITATIONS ON FEDERAL PAYMENT. -- The amount of appropriated
Federal funds provided from the Fund by the Secretary to any designated
State Agency with respect to any fiscal year to carry out an eligible
wildlife conservation and appreciation project under this section --
(1) may not exceed $250,000;
(2) may not exceed one third of the total project cost for that
fiscal year;
(3) may not exceed 40 percent of the total project cost for
that fiscal year if designated State agencies from two or more
States cooperate in implementing such a project;
(4) may not be used to defray the administrative cost of State
programs; and
(5) may not exceed the State share of the cost of implementing
such a project.
(e) FORM OF STATE SHARE. -- The share of the cost of carrying out
eligible projects under this section shall be from a non-Federal source
and shall not be in the form of an in-kind contribution.
(f) ELIGIBILITY OF DESIGNATED STATE AGENCIES. -- No designated State
agency shall be eligible to receive matching funds from the Wildlife
Conservation and Appreciation Fund if revenue derived from activities
regulated by such an agency is diverted for any purpose other than the
management and conservation of fish and wildlife. Such revenue shall
include, but not be limited to, all income from the sale of hunting,
fishing and trapping licenses; all income from nongame checkoff
systems; all income from the sale of waterfowl, habitat conservation,
and other stamps that are requisite for engaging in certain activities
regulated by the designated State agency; all income from the sale of
any commodities and products by the designated State agency from lands
and waters administered by the State for fish and wildlife purposes;
and all funds apportioned to the designated State agency under the
Federal Aid in Wildlife and Sport Fish Restoration Programs.
(g) ESTABLISHMENT OF FUND. -- (1) The Secretary shall establish the
Fund, which shall consist of amounts deposited into the Fund by the
Secretary under paragraph (2) of this subsection.
(2) The Secretary shall deposit into the Fund --
(A) amounts appropriated to the Secretary for deposit to the
Fund, of which not more than 4 percent shall be available to the
Secretary and the National Fish and Wildlife Foundation to defray
the costs of administering this Act and evaluating wildlife
conservation and appreciation projects; and
(B) amounts received as donations from the National Fish and
Wildlife Foundation or other private entities or persons for
deposit to the Fund.
(3) The Secretary may accept and use donations from the National Fish
and Wildlife Foundation and other private entities or persons for
purposes of assisting States under this section.
(4) Of the total amount provided from the Fund to assist a State in
carrying out a wildlife conservation and appreciation project under
subsection (a) of this section, at least 50 percent shall have been
donated to the Fund by the National Fish and Wildlife Foundation.
(h) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated to the Fund and to the Secretary for each of fiscal years
1992 through 1995 not to exceed $6,250,000 to match the amount of
contributions made to the Fund by the National Fish and Wildlife
Foundation.
SEC. 8001. "16 USC 5001 note" SHORT TITLE.
This title may be cited as the "North Pacific Anadromous Stocks
Convention Act of 1992".
SEC. 8002. "16 USC 5001" PURPOSE.
It is the purpose of this title to implement the Convention for the
Conservation of Anadromous Stocks in the North Pacific Ocean, signed in
Moscow, February 11, 1992.
SEC. 8003. "16 USC 5002" DEFINTIONS.
As used in this title, the term --
(1) "Anadromous stocks" means stocks of species listed in the
Annex to the Convention that migrate into the Convention area.
(2) "Anadromous fish" means fish of the species listed in the
Annex to the Convention that migrate into the Convention area.
(3) "Authorized officer" means a law enforcement official
authorized to enforce this title under section 8009(a).
(4) "Commission" means the North Pacific Anadromous Fish
Commission provided for by article VIII of the Convention.
(5) "Convention" means the Convention for the Conservation of
Anadromous Stocks of the North Pacific Ocean, signed in Moscow,
February 11, 1992.
(6) "Convention area" means the waters of the North Pacific
Ocean and its adjacent seas, north of 32 degrees North Latitude,
beyond two hundred nautical miles from the baselines from which
the breadth of the territorial sea is measured.
(7) "Directed fishing" means fishing targeted at a particular
species or stock of fish.
(8) "Ecologically related species" means living marine species
which are associated with anadromous stocks found in the
Convention area, including, but not restricted to, both predators
and prey of anadromous fish.
(9) "Enforcement officer" means a law enforcement official
authorized by any Party to enforce this title.
(10) "Exclusive economic zone" means the zone established by
Proclamation Numbered 5030, dated March 10, 1983. For purposes of
applying this title, the inner boundary of that zone is a line
coterminous with the seaward boundary of each of the coastal
States.
(11) "Fish" means finfish, mollusks, crustaceans, and all other
forms of marine animal and plant life other than marine mammals
and birds.
(12) "Fishing" means --
(A) the catching, taking, or harvesting of fish, or any other
activity that can reasonably be expected to result in the
catching, taking, or harvesting of fish; or
(B) any operation at sea in preparation for or in direct
support of any activity described in subparagraph (A).
(13) "Fishing vessel" means --
(A) any vessel engaged in catching fish within the Convention
area or in processing or transporting fish loaded in the
Convention area;
(B) any vessel outfitted to engage in any activity described in
subparagraph (A);
(C) any vessel described in subparagraph (A) or (B).
(14) "Incidental taking" means catching, taking, or harvesting
a species or stock of fish while conducting directed fishing for
another species or stock of fish.
(15) "Party" means Canada, Japan, the Russian Federation, the
United States, and any other nation that may accede to the
Convention.
(16) "Secretary" means the Secretary of State.
(17) "United States Section" means the United States
Commissioners of the Commission.
SEC. 8004. "16 USC 5003" UNITED STATES COMMISSIONERS.
(a) COMMISSIONERS. -- The United States shall be represented on the
Commission by not more than three United States Commissioners to be
appointed by and serve at the pleasure of the President. Each United
States Commissioner shall be appointed for a term of office not to
exceed 4 years, but is eligible for reappointment. Of the Commissioners
--
(1) one shall be an official of the United States Government;
(2) one shall be a resident of the State of Alaska; and
(3) one shall be a resident of the State of Washington.
An individual is not eligible for appointment under paragraph (2) or (3)
as a Commissioner unless the individual is knowledgeable or experienced
concerning the anadromous stocks and ecologically related species of the
North Pacific Ocean.
(b) ALTERNATE COMMISSIONERS. -- The Secretary, in consultation with
the Secretary of Commerce, may designate from time to time Alternate
United States Commissioners to the Commission. An Alternate United
States Commissioner may exercise all designated powers and duties of a
United States Commissioner in the absence of a duly designated
Commissioner for whatever reason. The number of such Alternate United
States Commissioners that may be designated for any such meeting shall
be limited to the number of authorized United States Commissioners that
will not be present.
(c) UNITED STATES SECTION. -- The United States Section, in
consultation with the Advisory Panel established in section 8005, shall
identify and recommend to the Commission research needs and priorities
for anadromous stocks and ecologically related species subject to the
Convention, and oversee the United States research programs involving
such fisheries, stocks, and species.
(d) COMPENSATION. -- United States Commissioners and Alternate
United States Commissioners shall receive no compensation for their
services as Commissioners and Alternate Commissioners.
SEC. 8005. "16 USC 5004" ADVISORY PANEL.
(a) ESTABLISHMENT OF PANEL. -- An Advisory Panel to the United
States Section is established. The Advisory Panel shall be composed of
the following:
(1) The Commissioner of the Alaska Department of Fish and Game.
(2) The Director of the Washington Department of Fisheries.
(3) One representative of the Pacific States Marine Fisheries
Commission, designated by the Executive Director of that
commission.
(4) Eleven members (six of whom shall be residents of the State
of Alaska and five of whom shall be residents of the State of
Washington), appointed by the Secretary, in consultation with the
Secretary of Commerce, from among a slate of 12 persons nominated
by the Governor of Alaska and a slate of 10 persons nominated by
the Governor of Washington.
(b) QUALIFICATIONS. -- Persons appointed to the Advisory Panel shall
be individuals who are knowledgeable or experienced concerning
anadromous stocks and ecologically related species. In submitting a
slate of nominees pursuant to subsection (a)(4), the Governors of Alaska
and Washington shall seek to represent the broad range of parties
interested in anadromous stocks and ecologically related species, and at
a minimum shall include on each slate at least one representative of
commercial salmon fishing interests and of environmental interests
concerned with protection of living marine resources.
(c) LIMITATION ON SERVICE. -- Any person appointed to the Advisory
Panel pursuant to subsection (a)(4) shall serve for a term not to exceed
4 years, and may not serve more than two consecutive terms.
(d) FUNCTIONS. -- The Advisory Panel shall be invited to all
nonexecutive meetings of the United States Section and at such meetings
shall be granted the opportunity to examine and to be heard on all
proposed programs of study and investigation, reports, and
recommendations of the United States Section.
(e) COMPENSATION AND EXPENSES. -- The members of the Advisory Panel
shall receive no compensation or travel expenses for their services as
such members.
SEC. 8006. "16 USC 5005" COMMISSION RECOMMENDATIONS.
The Secretary, with the concurrence of the Secretary of Commerce, may
accept or reject, on behalf of the United States, recommendations made
by the Commission in accordance with article IX of the Convention.
SEC. 8007. "16 USC 5006" ADMINISTRATION AND ENFORCEMENT OF
CONVENTION.
(a) RESPONSIBILITIES. -- The Secretary of Commerce shall be
responsible for administering provisions of the Convention, this title,
and regulations issued under this title. The Secretary, in consultation
with the Secretary of Commerce and the Secretary of Transportation,
shall be responsible for coordinating the participation of the United
States in the Commission.
(b) CONSULTATION AND COOPERATION. -- In carrying out such functions,
the Secretary of Commerce --
(1) shall, in consultation with the Secretary of Transportation
and the United States Section, issue such regulations as may be
necessary to carry out the purposes and objectives of the
Convention and this title; and
(2) may, with the concurrence of the Secretary, cooperate with
the authorized officials of the government of any Party.
SEC. 8008. "16 USC 5007" COOPERATION WITH OTHER AGENCIES.
(a) IN GENERAL. -- Any agency of the Federal Government is
authorized, upon request of the Commission, to cooperate in the conduct
of scientific and other programs, and to furnish, on a reimbursable
basis, facilities and personnel for the purpose of assisting the
Commission in carrying out its duties under the Convention. Such agency
may accept reimbursement from the Commission.
(b) FUNCTIONS OF SECRETARY OF COMMERCE. -- In carrying out the
provisions of the Convention and this title, the Secretary of Commerce
may arrange for cooperation with agencies of the United States, the
States, private institutions and organizations, and agencies of the
government of any Party, to conduct scientific and other programs, and
may execute such memoranda as may be necessary to reflect such
agreements.
SEC. 8009. "16 USC 5008" ENFORCEMENT PROVISIONS.
(a) DUTIES OF SECRETARIES OF COMMERCE AND TRANSPORTATION. -- This
title shall be enforced by the Secretary of Commerce and the Secretary
of Transportation. Such Secretaries may by agreement utilze, on a
reimbursable basis or otherwise, the personnel, services, equipment
(including aircraft and vessels), and facilities of any other Federal
agency, including all elements of the Department of Defense, and of any
State agency, in the performance of such duties. Such Secretaries
shall, and the head of any Federal or State agency that has entered into
an agreement with either such Secretary under the preceding sentenct may
(if the agreement so provides), authorize officers to enforce the
provisions of the Convention, this title, and regulations issued under
this title. Any such agreement or contract entered into pursuant to
this section shall be effective only to such extent or in such amounts
as are provided in advance in appropriations Acts.
(b) DISTRICT COURT JURISDICTION. -- The district courts of the
United States shall have exclusive jurisdiction over any case or
controversy arising under the provisions of this title.
(c) POWERS OF ENFORCEMENT OFFICERS. -- Authorized officers may,
shoreward of the outer boundary of the exclusive economic zone, or
during hot pursuit from the zone --
(1) with or without a warrant or other process --
(A) arrest any person, if he or she has reasonable cause to
believe that such person has committed an act prohibited by
section 8010;
(B) board, and search or inspect, any fishing vessel subject to
the provisions of the Convention and this title;
(C) seize any fishing vessel (together with its fishing gear,
furniture, appurtenances, stores, and cargo) used or employed in,
or with respect to which it reasonably appears that such vessel
was used or employed in, the violation of any provision of the
Convention, this title, or regulations issued under this title;
(D) seize any fish (wherever found) taken or retained in
violation of any provision referred to in subparagraph (C);
(E) seize any other evidence related to any violation of any
provision referred to in subparagraph (C);
(2) execute any warrant or other process issued by any court of
competent jurisdiction; and
(3) exercise any other lawful authority.
(d) ADDITIONAL POWERS. -- (1) An authorized officer may in the
Convention area --
(A) board a vessel of any Party that reasonably can be believed
to be engaged in directed fishing for, incidental taking of, or
processing of anadromous fish, and, without warrant or process,
inspect equipment, logs, documents, catch, and other articles, and
question persons, on board the vessel, for the purpose of carrying
out the provisions of the Convention, this title, or any
regulation issued under this title; and
(B) if any such vessel or person on board is actually engaged
in operations in violation of any such provision, or there is
reasonable ground to believe any person or vessel was obviously so
engaged before the boarding of such vessel by the authorized
officer, arrest or seize such person or vessel and further
investigate the circumstance if necessary.
If an authorized officer, after boarding and investigation, has
reasonable cause to believe that any such fishing vessel or person
engaged in operations in violation of any provision referred to in
subparagraph (A), the officer shall deliver the vessel or person as
promptly as practicable to the enforcement officers of the appropriate
Party, in accordance with the provisions of the Convention.
(2) When requested by the appropriate authorities of a Party, an
authorized officer may be directed to attend as a witness, and to
produce such available records and files or duly certified copies
thereof as may be necessary, for the prosecution by that Party of any
violation of the provisions of the Convention or any law of that Party
relating to the enforcement thereof.
SEC. 8010. "16 USC 5009" UNLAWFUL ACTIVITIES.
It is unlawful for any person or fishing vessel subject to the
jurisdiction of the United States --
(1) to fish for any anadromous fish in the Convention area;
(2) to retain on board any anadromous fish taken incidentally
in a fishery directed at nonanadromous fish in the Conventin area;
(3) to fail to return immediately to the sea any anadromous
fish taken incidentally in a fishery directed at nonanadromous
fish in the Convention area;
(4) to ship, transport, offer for sale, sell, purchase, import,
export, or have custody, control, or possession of, any anadromous
fish taken or retained in violation of the Convention, this title,
or any regulation issued under this title;
(5) to refuse to permit any enforcement officer to board a
fishing vessel subject to such person's control for purchases of
conducting any search or inspection in connection with the
enforcement of the Convention, this title, or any regulation
issued under this title;
(6) to forcibly assault, resist, oppose, impede, intimidate, or
interfere with any enforcement officer in the conduct of any
search or inspection described in paragraph (5);
(7) to resist a lawful arrest or detection for any act
prohibited by this section;
(8) to interfere with, delay, or prevent, by any means, the
apprehension, arrest, or detection of another person, knowing that
such person has committed any act prohibited by this section; or
(9) to violate any provision of the Convention, this title, or
any regulation issued under this title.
SEC. 8011. "16 USC 5010" PENALTIES.
(a) CIVIL PENALTIES. -- (1) Any person who is found by the Secretary
of Commerce, after notice and opportunity for a hearing in accordance
with section 554 of title 5, United States Code, to have committed an
act prohibited by section 8010 shall be liable to the United States for
a civil penalty. The amount of the civil penalty shall not exceed
$100,000 for each violation. Each day of a continuing violation shall
constitute a separate offense. The amount of such civil penalty shall
be assessed by the Secretary of Commerce, or the Secretary's designee,
by written notice. In determining the amount of such penalty, the
Secretary of Commerce shall take into account the nature, circumstances,
extent, and gravity of the prohibited acts committed and, with respect
to the violation, the degree of culpability, any history of prior
offenses, ability to pay, and such other matters as justice may require.
(2) Any person against whom a civil penalty is assessed under
paragraph (1) may obtain review thereof in the appropriate court of the
United States by filing a complaint in such court within thirty days
from the date of such order and by simultaneously serving a copy of such
complaint by certified mail on the Secretary of Commerce, the Attorney
General, and the appropriate United States Attorney. The Secretary of
Commerce shall promptly file in such court a certified copy of the
record upon which such violation was found or such penalty imposed, as
provided in section 2112 of title 28, United States Code. The findings
and order of the Secretary of Commerce shall be set aside by such court
if they are not found to be supported by substantial evidence, as
provided in section 706(2) of title 5, United States Code.
(3) If any person fails to pay an assessment of a civil penalty after
it has become a final and unappealable order, or after the appropriate
court has entered final judgment in favor of the Secretary of Commerce,
the matter shall be referred to the Attorney General, who shall recover
the amount assessed in any appropriate district court of the United
States. In such action, the validity and appropriateness of the final
order imposing the civil penalty shall not be subject to review.
(4) A fishing vessel (including its fishing gear, furniture,
appurtenances, stores, and cargo) used in the commission of an act
prohibited by section 8010 shall be liable in rem for any civil penalty
assessed for such violation under paragraph (1) and may be proceeded
against in any district court of the United States having jurisdiction
thereof. Such penalty shall constitute a maritime lien on such vessel
that may be recovered in an action in rem in the district court of the
United States having jurisdiction over the vessel.
(5) The Secretary of Commerce may compromise, modify, or remit, with
or without conditions, any civil penalty that is subject to imposition
or that has been imposed under this section.
(6) For the purposes of conducting any hearing under this section,
the Secretary of Commerce may issue subpoenas for the attendance and
testimony of witnesses and the production of relevant papers, books, and
documents, and may administer oaths. Witnesses summoned shall be paid
the same fees and mileage that are paid to witnesses in the courts of
the United States. In case of contempt or refusal to obey a subpoena
served upon any person pursuant to this paragraph, the district court of
the United States for any district in which such person is found,
resides, or transacts business, upon application by the United States
and after notice to such person, shall have jurisdiction to issue an
order requiring such person to appear and give testimony before the
Secretary of Commerce or to appear and produce documents before the
Secretary of Commerce, or both, and any failure to obey such order of
the court may be punished by such court as a contempt thereof.
(b) OFFENSES. -- (1) A person is guilty of an offense if that person
commits any act prohibited by section 8010 (5), (6), (7), or (8).
(2) Any offense described in paragraph (1) is a class A misdemeanor
punishable by a fine under title 18, United States Code, or imprisonment
for not more than 6 months, or both; except that if in the commission
of any offense the person uses a dangerous weapon, engages in conduct
that causes bodily injury to any enforcement officer, or places any such
officer in fear of imminent bodily injury, the offense is a felony
punishable by a fine under title 18, United States Code, or imprisonment
for not more than 10 years, or both.
(c) FORFEITURE. -- (1) Any fishing vessel (including its fishing
gear, furniture, appurtenances, stores, and cargo) used, and any fish
(or a fair market value thereof) taken or retained, in any manner, in
connection with or as a result of the commission of any act prohibited
by section 1810 shall be subject to forfeiture to the United States.
All or part of such vessel may, and all such fish shall, be forfeited to
the United States pursuant to a civil proceeding under this section.
(2) Any district court of the United States shall have jurisdiction,
upon application of the Attorney General on behalf of the United States,
to order any forfeiture authorized under paragraph (1) and any action
provided for under paragraph (4).
(3) If a judgment is entered for the United States in a civil
forfeiture proceeding under this section, the Attorney General may seize
any property or other interest declared forfeited to the United States,
which has not previously been seized pursuant to this title or for which
security has not previously been obtained. The provisions of the
customs laws relating to --
(A) the seizure, forfeiture, and condemnation of property for
violation of the customs law;
(B) the disposition of such property or the proceeds from the
sale thereof; and
(C) the remission or mitigation of any such forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to have
been incurred, under the provisions of this title, unless such
provisions are inconsistent with the purposes, policy, and provisions of
this title.
(4)(A) Any officer authorized to serve any process in rem that is
issued by a court having jurisdiction under section 8009(b) shall --
(i) stay the execution of such process; or
(ii) discharge any fish seized pursuant to such process;
upon receipt of a satisfactory bond or other security from any person
claiming such property. Such bond or other security shall be
conditioned upon such person delivering such property to the appropriate
court upon order thereof, without any impairment of its value, or paying
the monetary value of such property pursuant to an order of such court.
Judgment shall be recoverable on such bond or other security against
both the principal and any sureties in the event that any condition
thereof is breached, as determined by such court.
(B) Any fish seized pursuant to this title may be sold, subject to
the approval and direction of the appropriate court, for not less than
the fair market value thereof. The proceeds of any such sale shall be
deposited with such court pending the disposition of the matter
involved.
(5) For purposes of this section, it shall be a rebuttable
presumption that all fish found on board a fishing vessel and which is
seized in connection with an act prohibited by section 8010 were taken
or retained in violation of the Convention and this title.
SEC. 8012. "16 USC 5011" FUNDING REQUIREMENTS.
(a) AUTHORIZATION. -- There are authorized to be appropriated from
time to time such sums as may be necessary for carrying out the purposes
and provisions of the Convention and this title, including --
(1) necessary travel expenses of the United States
Commissioners or Alternate Commissioners; and
(2) the United States share of the joint expenses of the
Commission.
(b) RESEARCH. -- Such funds as shall be made available to the
Secretary of Commerce for research and related activities shall be
expended to carry out the program of the Commission in accordance with
the recommendations of the United States Section and to carry out other
research and observer programs pursuant to the Convention.
SEC. 8013. "16 USC 5012" DISPOSITION OF PROPERTY.
The Secretary shall dispose of any United States property held by the
International North Pacific Fisheries Commission on the date of its
termination in a manner that would further the purposes of this title.
SEC. 8014. REPEAL OF THE NORTH PACIFIC FISHERIES ACT OF 1954.
The Act of August 12, 1954 (16 U.S.C. 1021-1035) is repealed.
Approved November 4, 1992.
LEGISLATIVE HISTORY -- H.R. 5617:
HOUSE REPORTS: No. 102-927 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 138 (1992): Oct. 5, considered and passed
House. Oct. 7, considered and passed Senate.
Public Law 102-586, 106 Stat. 4982
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS AND DECLARATION OF PURPOSE.
(a) FINDINGS. -- Section 101(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601(a)) is amended --
(1) by redesignating paragraphs (2), (3), (4), (5), (6), (7),
and (8) as paragraphs (4), (5), (6), (7), (8), (9), and (10),
respectively;
(2) by inserting after paragraph (1) the following new
paragraphs:
"(2) recent trends show an upsurge in arrests of adolescents
for murder, assault, and weapon use;
"(3) the small number of youth who commit the most serious and
violent offenses are becoming more violent;";
(3) in paragraph (4), as redesignated by paragraph (1), by
inserting "prosecutorial and public defender offices," after
"juvenile courts,";
(4) by striking "and" at the end of paragraph (9), as
redesignated by paragraph (1);
(5) by striking the period at the end of paragraph (10), as
redesignated by paragraph (1), and inserting ";"; and
(6) by adding at the end the following new paragraphs:
"(11) emphasis should be placed on preventing youth from
entering the juvenile justice system to begin with; and
"(12) the incidence of juvenile delinquency can be reduced
through public recreation programs and activities designed to
provide youth with social skills, enhance self esteem, and
encourage the constructive use of discretionary time.".
(b) PURPOSE. -- Section 102 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5602) is amended --
(1) in subsection (a) --
(A) in paragraph (1) by striking "delinquency" and inserting
"justice and delinquency prevention";
(B) in paragraph (2) by striking "agencies, institutions, and
individuals in developing and implementing juvenile delinquency
programs" and inserting "nonprofit juvenile justice and
delinquency prevention programs";
(C) by striking "and" at the end of paragraph (7);
(D) by redesignating paragraph (8) as paragraph (9);
(E) by inserting after paragraph (7) the following new
paragraph:
"(8) to strengthen families in which juvenile delinquency has
been a problem;";
(F) by striking the period at the end of paragraph (9), as
redesignated by subparagraph (D), and inserting a semicolon; and
(G) by adding at the end the following new paragraphs:
"(10) to assist State and local governments in improving the
administration of justice and services for juveniles who enter the
system; and
"(11) to assist States and local communities to prevent youth
from entering the justice system to begin with."; and
(2) in subsection (b) --
(A) by striking "maintaining and strengthening the family unit"
and inserting "preserving and strengthening families";
(B) by striking "and (4)" and inserting "(4)"; and
(C) by inserting "; (5) to encourage parental involvement in
treatment and alternative disposition programs; and (6) to
provide for coordination of services between State, local, and
community-based agencies and to promote interagency cooperation in
providing such services" before the period at the end.
(c) DEFINITIONS. -- Section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is amended --
(1) by amending paragraph (16) to read as follows:
"(16) the term 'valid court order' means a court order given by
a juvenile court judge to a juvenile --
"(A) who was brought before the court and made subject to such
order;
"(B) who received, before the issuance of such order, the full
due process rights guaranteed to such juvenile by the Constitution
of the United States;
"(C) with respect to whom an appropriate public agency (other
than a court or law enforcement agency), before the issuance of
such order --
"(i) reviewed the behavior of such juvenile and the
circumstances under which such juvenile was brought before the
court and made subject to such order;
"(ii) determined the reasons for the behavior that caused such
juvenile to be brought before the court and made subject to such
order;
"(iii) determined that all dispositions (including treatment),
other than placement in a secure detention facility or a secure
correctional facility, have been exhausted or are clearly
inappropriate; and
"(iv) submitted to the court a written report stating the
results of the review conducted under clause (i) and the
determinations made under clauses (ii) and (iii);";
(2) by striking "and" at the end of paragraph (17);
(3) by striking the period at the end of paragraph (18) and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
"(19) the term 'comprehensive and coordinated system of
services' means a system that --
"(A) ensures that services and funding for the prevention and
treatment of juvenile delinquency are consistent with policy goals
of preserving families and providing appropriate services in the
least restrictive environment so as to simultaneously protect
juveniles and maintain public safety;
"(B) identifies, and intervenes early for the benefit of, young
children who are at risk of developing emotional or behavioral
problems because of physical or mental stress or abuse, and for
the benefit of their families;
"(C) increases interagency collaboration and family involvement
in the prevention and treatment of juvenile delinquency; and
"(D) encourages private and public partnerships in the delivery
of services for the prevention and treatment of juvenile
delinquency;
"(20) the term 'gender-specific services' means services
designed to address needs unique to the gender of the individual
to whom such services are provided;
"(21) the term 'home-based alternative services' means services
provided to a juvenile in the home of the juvenile as an
alternative to incarcerating the juvenile, and includes home
detention;
"(22) the term 'jail or lockup for adults' means a locked
facility that is used by a State, unit of local government, or any
law enforcement authority to detain or confine adults --
"(i) pending the filing of a charge of violating a criminal
law;
"(ii) awaiting trial on a criminal charge; or
"(iii) convicted of violating a criminal law; and
"(23) the term 'nonprofit organization' means an organization
described in section 501(c)(3) of the Internal Revenue Code of
1986 that is exempt from taxation under section 501(a) of the
Internal Revenue Code of 1986.".
SEC. 2. JUVENILE JUSTICE AND DELINQUENCY PREVENTION.
(a) OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION. --
Section 201(b) of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5611(b)) is amended by amending the third sentence to
read as follows: "The Administrator shall have the same reporting
relationship with the Attorney General as the directors of other offices
and bureaus within the Office of Justice Programs have.".
(b) PERSONNEL, SPECIAL PERSONNEL, EXPERTS, AND CONSULTANTS. --
Section 202 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5612) is amended --
(1) in subsection (b) by striking "prescribes for GS-18 of the
General Schedule by section 5332" and inserting payable under
section 5376";
(2) in subsection (c) by striking "Act" and inserting "title";
and
(3) in subsection (d) by striking "prescribed for GS-18 of the
General Schedule by section 5332" and inserting "payable under
section 5376".
(c) CONCENTRATION OF EFFORT. -- Section 204 of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5614) is amended --
(1) in subsection (a) --
(A) in the first sentence --
(i) by inserting "(1)" after "(a)" and
(ii) by striking "implement overall policy and develop
objectives and priorities" and inserting "develop objectives,
priorities, and a long-term plan, and implement overall policy and
a strategy to carry out such plan,"; and
(B) by adding at the end the following new paragraph:
"(2)(A) The plan described in paragraph (1) shall --
"(i) contain specific goals and criteria for making grants and
contracts, for conducting research, and for carrying out other
activities under this title; and
"(ii) provide for coordinating the administration programs and
activities under this title with the administration of all other
Federal juvenile delinquency programs and activities, including
proposals for joint funding to be coordinated by the
Administrator.
"(B) The Administrator shall review the plan described in paragraph
(1) annually, revise the plan as the Administrator considers
appropriate, and publish the plan in the Federal Register --
"(i) not later than 240 days after the date of enactment of
this paragraph, in the case of the initial plan required by
paragraph (1); and
"(ii) except as provided in clause (i), in the 30-day period
ending on October 1 of each year.";
(2) in subsection (b) --
(A) by striking "and" at the end of paragraph (5); and
(B) by striking the period at the end of paragraph (6) and
inserting "; and";
(3) by adding at the end the following new paragraph:
"(7) not later than 1 year after the date of the enactment of
this paragraph, issue model standards for providing health care to
incarcerated juveniles."; and
(4) by striking subsections (f) and (g).
(d) COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY
PREVENTION. -- Section 206 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616) is amended --
(1) in subsection (a) --
(A) in paragraph (1) by striking "the Director of the Office of
Community Services" and all that follows through the period and
inserting "the Administrator of the Office of Juvenile Justice and
Delinquency Prevention, the Director of the Office of National
Drug Control Policy, the Director of the ACTION Agency, the
Commissioner of Immigration and Naturalization, such other
officers of Federal agencies who hold significant decisionmaking
authority as the President may designate, and individuals
appointed under paragraph (2)."; and
(B) by amending paragraph (2) to read as follows:
"(2)(A) Nine members shall be appointed, without regard to political
affiliation, to the Council in accordance with this paragraph from among
individuals who are practitioners in the field of juvenile justice and
who are not officers or employees of the United States.
"(B)(i) Three members shall be appointed by the Speaker of the House
of Representatives, after consultation with the minority leader of the
House of Representatives.
"(ii) Three members shall be appointed by the majority leader of the
Senate, after consultation with the minority leader of the Senate.
"(iii) Three members shall be appointed by the President.
"(C)(i) Of the members appointed under each of clauses (i), (ii), and
(iii) --
"(I) 1 shall be appointed for a term of 1 year;
"(II) 1 shall be appointed for a term of 2 years; and
"(III) 1 shall be appointed for a term of 3 years;
as designated at the time of appointment.
"(ii) Except as provided in clause (iii), a vacancy arising during
the term for which an appointment is made may be filled only for the
remainder of such term.
"(iii) After the expiration of the term for which a member is
appointed, such member may continue to serve until a successor is
appointed.";
(2) in subsection (c) --
(A) by inserting "(1)" after "(c)";
(B) in the first sentence by inserting "(in cooperation with
State and local juvenile justice programs) all Federal programs
and activities that detain or care for unaccompanied juveniles,"
after "delinquency programs";
(C) in the second sentence --
(i) by inserting "shall examine how the separate programs can
be coordinated among Federal, State, and local governments to
better serve at-risk children and juveniles and" after "Council";
and
(ii) by inserting "and all Federal programs and activities that
detain or care for unaccompanied juveniles" before the period;
and
(D) by adding at the end the following new paragraph:
"(2) In addition to performing their functions as members of the
Council, the members appointed under subsection (a)(2) shall
collectively --
"(A) make recommendations regarding the development of the
objectives, priorities, and the long-term plan, and the
implementation of overall policy and the strategy to carry out
such plan, referred to in section 204(a)(1); and
"(B) not later than 180 days after the date of the enactment of
this paragraph, submit such recommendations to the Administrator,
the Chairman of the Committee on Education and Labor of the House
of Representatives, and the Chairman of the Committee on the
Judiciary of the Senate."; and
(3) in subsection (f) --
(A) by inserting "Members appointed under subsection (a)(2)
shall serve without compensation." after "(f)"; and
(B) by striking "who are employed by the Federal Government
full time".
(e) ANNUAL REPORT. -- Section 207(1) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5617(1)) is amended --
(1) in subparagraph (D) --
(A) by inserting "(including juveniles treated as adults for
purposes of prosecution)" after "juveniles"; and
(B) by striking "and" at the end;
(2) in subparagraph (E) by striking the period at the end and
inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(F) the educational status of juveniles, including information
relating to learning disabilities, failing performance, grade
retention, and dropping out of school.".
(f) FEDERAL ASSISTANCE FOR STATE AND LOCAL PROGRAMS. --
(1) AUTHORITY TO MAKE GRANTS AND CONTRACTS. -- Section
221(b)(2) of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5613(b)(2)) "42 USC 5631" is amended --
(A) in the first sentence by striking "existence" and inserting
"experience"; and
(B) in the second sentence by striking "section 291(c)(1)" and
inserting "section 299(c)(1)".
(2) ALLOCATION. -- Section 222 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is amended --
(A) by striking "allotted" each place it appears and inserting
"allocated" and striking "allotment" each place it appears and
inserting "allocation";
(B) in subsection (a) --
(i) in paragraph (2)(A) --
(I) by striking "part D" and inserting "parts D and E";
(II) by inserting "or such greater amount, up to $400,000, as
is available to be allocated without reducing the amount of any
State or territory's allocation below the amount allocated for
fiscal year 1992" after "$325,000,"; and
(III) by inserting ", or such greater amount, up to $100,000,
as is available to be allocated without reducing the amount of any
State or territory's allocation below the amount allocated for
fiscal year 1992," after "$75,000";
(ii) in paragraph (2)(B) --
(I) by inserting "or such greater amount, up to $600,000, as is
available to be allocated if appropriations have been enacted and
made available to carry out parts D and E in the full amounts
authorized by section 299(a)(1) and (3)" after "$400,000,"; and
(II) by inserting ", or such greater amount, up to $100,000, as
is available to be allocated without reducing the amount of any
State or territory's allocation below the amount allocated for
fiscal year 1992" after "$100,000"; and
(iii) in paragraph (3) by striking "1988" each place it appears
and inserting "1992"; and
(C) in subsection (c) --
(i) in the first sentence by striking "and evaluation" and
inserting ", evaluation, and one full-time staff position"; and
(ii) in the second sentence by striking "7 1/2 per centum" and
inserting "10 percent".
(3) STATE PLANS. -- (A) Section 223 of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is amended
--
(i) in subsection (a) --
(I) in the second sentence by striking "programs, and the
State" and inserting "programs and challenge activities subsequent
to State participation in part E. The State";
(II) in paragraph (1) by striking "section 291(c)(1)" and
inserting "section 299(c)(1)";
(III) by amending paragraph (3) to read as follows:
"(3) provide for an advisory group, which --
"(A) shall consist of not less than 15 and not more than 33
members appointed by the chief executive officer of the State --
"(i) which members have training, experience, or special
knowledge concerning the prevention and treatment of juvenile
delinquency or the administration of juvenile justice;
"(ii) which members include --
"(I) at least 1 locally elected official representing general
purpose local government;
"(II) representatives of law enforcement and juvenile justice
agencies, including juvenile and family court judges, prosecutors,
counsel for childre and youth, and probation workers;
"(III) representatives of public agencies concerned with
delinquency prevention or treatment, such as welfare, social
services, mental health, education, special education, recreation,
and youth services;
"(IV) representatives of private nonprofit organizations,
including persons with a special focus on preserving and
strengthening families, parent groups and parent self-help groups,
youth development, delinquency prevention and treatment, neglected
or dependent children, the quality of juvenile justice, education,
and social services for children;
"(V) volunteers who work with delinquents or potential
delinquents;
"(VI) youth workers involved with programs that are
alternatives to incarceration, including programs providing
organized recreation activities;
"(VII) persons with special experience and competence in
addressing problems related to school violence and vandalism and
alternatives to suspension and expulsion; and
"(VIII) persons with special experience and competence in
addressing problems related to learning disabilities, emotional
difficulties, child abuse and neglect, and youth violence;
"(iii) a majority of which members (including the chairperson)
shall not be full-time employees of the Federal, State, or local
government;
"(iv) at least one-fifth of which members shall be under the
age of 24 at the time of appointment; and
"(v) at least 3 members who have been or are currently under
the jurisdiction of the juvenile justice system;
"(B) shall participate in the development and review of the
State's juvenile justice plan prior to submission to the
supervisory board for final action;
"(C) shall be afforded the opportunity to review and comment,
not later than 30 days after their submission to the advisory
group, on all juvenile justice and delinquency prevention grant
applications submitted to the State agency designated under
paragraph (1);
"(D) shall, consistent with this title --
"(i) advise the State agency designated under paragraph (1) and
its supervisory board;
"(ii) submit to the chief executive officer and the legislature
of the State at least annually recommendations regarding State
compliance with the requirements of paragraphs (12), (13), and
(14) and with progress relating to challenge activities carried
out pursuant to part E; and
"(iii) contact and seek regular input from juveniles currently
under the jurisdiction of the juvenile justice system; and
"(E) may, consistent with this title --
"(i) advise on State supervisory board and local criminal
justice advisory board composition;
"(ii) review progress and accomplishments of projects funded
under the State plan.";
(IV) in paragraph (8) --
(aa) by inserting "(A)" after "(8)";
(bb) by striking "(A) an" and inserting "(i) an";
(cc) by striking "(B)" and inserting "(ii)";
(dd) by striking "(C)" and inserting "(iii)";
(ee) by inserting "(including educational needs)" after
"delinquency prevention needs" each place it appears; and
(ff) by adding at the end the following new subparagraphs:
"(B) contain --
"(i) an analysis of gender-specific services for the prevention
and treatment of juvenile delinquency, including the types of such
services available and the need for such services for females;
and
"(ii) a plan for providing needed gender-specific services for
the prevention and treatment of juvenile delinquency;
"(C) contain --
"(i) an analysis of services for the prevention and treatment
of juvenile delinquency in rural areas, including the need for
such services, the types of such services available in rural
areas, and geographically unique barriers to providing such
services; and
"(ii) a plan for providing needed services for the prevention
and treatment of juvenile delinquency in rural areas; and
"(D) contain --
"(i) an analysis of mental health services available to
juveniles in the juvenile justice system (including an assessment
of the appropriateness of the particular placements of juveniles
in order to receive such services) and of barriers to access to
such services; and
"(ii) a plan for providing needed mental health services to
juveniles in the juvenile justice system;";
(V) in paragraph (9) by inserting "recreation," after "special
education,";
(VI) by amending paragraph (10) to read as follows:
"(10) provide that not less than 75 percent of the funds
available to the State under section 222, other than funds made
available to the State advisory group under section 222(d),
whether expended directly by the State, by the unit of general
local government, or by a combination thereof, or through grants
and contracts with public or private nonprofit agencies, shall be
used for --
"(A) community-based alternatives (including home-based
alternatives) to incarceration and institutionalization,
specifically --
"(i) for youth who can remain at home with assistance: home
probation and programs providing professional supervised group
activities or individualized mentoring relationships with adults
that involve the family and provide counseling and other
supportive services;
"(ii) for youth who need temporary placement: crisis
intervention, shelter, and after-care; and
"(iii) for youth who need residential placement: a continuum
of foster care or group home alternatives that provide access to a
comprehensive array of services;
"(B) community-based programs and services to work with --
"(i) parents and other family members to strengthen families,
including parent self-help groups, so that juveniles may be
retained in their homes;
"(ii) juveniles during their incarceration, and with their
families, to ensure the safe return of such juveniles to their
homes and to strengthen the families; and
"(iii) parents with limited English-speaking ability,
particularly in areas where there is a large population of
families with limited-English speaking ability;
"(C) comprehensive juvenile justice and delinquency prevention
programs that meet the needs of youth through the collaboration of
the many local systems before which a youth may appear, including
schools, courts, law enforcement agencies, child protection
agencies, mental health agencies, welfare services, health care
agencies, and private nonprofit agencies offering youth services;
"(D) projects designed to develop and implement programs
stressing advocacy activities aimed at improving services for and
protecting the rights of youth affected by the juvenile justice
system;
"(E) educational programs or supportive services for delinquent
or other juveniles, provided equitably regardless of sex, race, or
family income, designed to --
"(i) encourage juveniles to remain in elemntary and secondary
schools or in alternative learning situations, including --
"(I) education in settings that promote experiential,
individualized learning and exploration of academic and career
options;
"(II) assistance in making the transition to the world of work
and self-sufficiency;
"(III) alternatives to suspension and expulsion; and
"(IV) programs to counsel delinquent juveniles and other
juveniles regarding the opportunities that education provides;
and
"(ii) enhance coordination with the local schools that such
juveniles would otherwise attend, to ensure that --
"(I) the instruction that juveniles receive outside school is
closely aligned with the instruction provided in school; and
"(II) information regarding any learning problems identified in
such alternative learning situations are communicated to the
schools;
"(F) expanded use of home probation and recruitment and
training of home probation officers, other professional and
paraprofessional personnel, and volunteers to work effectively to
allow youth to remain at home with their families as an
alternative to incarceration or institutionalization;
"(G) youth-initiated outreach programs designed to assist youth
(including youth with limited proficiency in English) who
otherwise would not be reached by traditional youth assistance
programs;
"(H) programs designed to develop and implement projects
relating to juvenile delinquency and learning disabilities,
including on-the-job training programs to assist community
services, law enforcement, and juvenile justice personnel to more
effectively recognize and provide for learning disabled and other
handicapped youth;
"(I) projects designed both to deter involvement in illegal
activities and to promote involvement in lawful activities on the
part of gangs whose membership is substantially composed of youth;
"(J) programs and projects designed to provide for the
treatment of youths' dependence on or abuse of alcohol or other
addictive or nonaddictive drugs;
"(K) law-related education programs (and projects) for
delinquent and at-risk youth designed to prevent juvenile
delinquency;
"(L) programs for positive youth development that assist
delinquent and other at-risk youth in obtaining --
"(i) a sense of safety and structure;
"(ii) a sense of belonging and membership;
"(iii) a sense of self-worth and social contribution;
"(iv) a sense of independence and control over one's life;
"(v) a sense of closeness in interpersonal relationships; and
"(vi) a sense of competence and mastery including health and
physical competence, personal and social competence, cognitive and
creative competence, vocational competence, and citizenship
competence, including ethics and participation;
"(M) programs that, in recognition of varying degrees of the
seriousness of delinquent behavior and the corresponding
gradations in the responses of the juvenile justice system in
response to that behavior, are designed to --
"(i) encourage courts to develop and implement a continuum of
post-adjudication restraints that bridge the gap between
traditional probation and confinement in a correctional setting
(including expanded use of probation, mediation, restitution,
community service, treatment, home detention, intensive
supervision, electronic monitoring, boot camps and similar
programs, and secure community-based treatment facilities linked
to other support services such as health, mental health, education
(remedial and special), job training, and recreation); and
"(ii) assist in the provision by the provision by the
Administrator of information and technical assistance, including
technology transfer, to States in the design and utilization of
risk assessment mechanisms to aid juvenile justice personnel in
determining appropriate sanctions for delinquent behavior;
"(N) programs designed to prevent and reduce hate crimes
committed by juveniles, including educational programs and
sentencing programs designed specifically for juveniles who commit
hate crimes and that provide alternatives to incarceration; and
"(O) programs (including referral to literacy programs and
social service programs) to assist families with limited
English-speaking ability that include delinquent juveniles to
overcome language and cultural barriers that may prevent the
complete treatment of such juveniles and the preservation of their
familes.";
(VII) in paragraph (12)(A) by inserting "or alien juveniles in
custody," after "court orders,";
(VIII) in paragraph (13) --
(aa) by striking "regular", and
(bb) by inserting before the semicolon at the end "or with the
part-time or full-time security staff (including management) or
direct-care staff of a jail or lockup for adults";
(IX) in paragraph (14) --
(aa) by striking "; beginning after the five-year period
following December 8, 1980,";
(bb) by striking "1993" and inserting "1997"; and
(cc) by striking "areas which" and all that follows through the
end of the paragraph and inserting "areas that are in compliance
with paragraph (13) and --
"(A)(i) are outside a Standard Metropolitan Statistical Area;
and
"(ii) have no existing acceptable alternative placement
available;
"(B) are located where conditions of distance to be traveled or
the lack of highway, road, or other ground transportation do not
allow for court appearances within 24 hours, so that a brief (not
to exceed 48 hours) delay is excusable; or
"(C) are located where conditions of safety exist (such as
severely adverse, life-threatening weather conditions that do not
allow for reasonably safe travel), in which case the time for an
appearance may be delayed until 24 hours after the time that such
conditions allow for reasonably safe travel;";
(X) by amending paragraph (16) to read as follows:
"(16) provide assurance that youth in the juvenile justice
system are treated equitably on the basis of gender, race, family
income, and mentally, emotionally, or physically handicapping
conditions;"; and
(XI) in paragraph (17) --
(aa) by striking "and maintain the family units" and inserting
"the families";
(bb) by striking "deliquency. Such" and inserting "delinquency
(which"; and
(cc) by inserting "and the provision of family counseling
during the incarceration of juvenile family members and
coordination of family services when appropriate and feasible)"
before the semicolon;
(XII) by striking "and" at the end of paragraph (23);
(XIII) by striking the period at the end of paragraph (24) and
inserting "; and"; and
(XIV) by adding at the end the following new paragraph:
"(25) provide an assurance that if the State receives under
section 222 for any fiscal year an amount that exceed 105 percent
of the amount the State received under such section for fiscal
year 1992, all of such excess shall be expended through or for
programs that are part of a comprehensive and coordinated
community system of services."; and
(ii) by amending subsection (c) to read as follows:
"(c)(1) Subject to paragraph (2), the Administrator shall approve any
State plan and any modification thereof that meets the requirements of
this section.
"(2) Failure to achieve compliance with the subsection (a)(12)(A)
requirement within the 3-year time limitation shall terminate any
State's eligibility for funding under this part for a fiscal year
beginning before January 1, 1993, unless the Administrator determines
that the State is in substantial compliance with the requirement,
through achievement of deinstitutionalization of not less than 75
percent of such juveniles or through removal of 100 percent of such
juveniles from secure correctional facilities, and has made, through
appropriate executive or legislative action, an unequivocal commitment
to achieving full compliance within a reasonable time not exceeding 2
additional years.
"(3) If a State fails to comply with the requirements of subsection
(a), (12)(A), (13), (14), or (23) in any fiscal year beginning after
January 1, 1993 --
"(A) subject to subparagraph (B), the amount allotted under
section 222 to the State for that fiscal year shall be reduced by
25 percent for each such paragraph with respect to which
noncompliance occurs; and
"(B) the State shall be ineligible to receive any allotment
under that section for such fiscal year unless --
"(i) the State agrees to expend all the remaining funds the
State receives under this part (excluding funds required to be
expended to comply with section 222(c) and (d) and with section
223(a)(5)(C)) for that fiscal year only to achieve compliance with
any such paragraph with respect to which the State is in
noncompliance; or
"(ii) the Administrator determines, in the discretion of the
Administrator, that the State --
"(I) has achieved substantial compliance with each such
paragraph with respect to which the State was not in compliance;
and
"(II) has made, through appropriate executive or legislative
action, an unequivocal commitment to achieving full compliance
within a reasonable time."; and
(iii) in subsection (d) --
(I) by inserting ", excluding funds the Administrator shall
make available to satisfy the requirement specified in section
222(d)," after "section 222(a)";
(II) by striking "the purposes of subsection (a)(12)(A),
subsection (a)(13), or subsection (a)(14)" and inserting
"activities of the kinds described in subsection (a)(12)(A), (13),
(14) and (23)".
(B) Notwithstanding the amendment made by subparagraph (A)(ii),
section 223(c)(3) "42 USC 5633 note" of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(c)(3)), as in
effect on the day prior to the date of enactment of this Act,
shall remain in effect to the extent that it provides the
Administrator authority to grant a waiver with respect to a fiscal
year prior to a fiscal year beginning before January 1, 1993.
(g) NATIONAL PROGRAMS. --
(1) NATIONAL INSTITUTE FOR JUVENILE JUSTICE AND DELINQUENCY
PREVENTION. -- Section 241(d) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5651(d)(2)) is
amended --
(A) in subsection (d) --
(i) by inserting "recreation and park personnel," after
"special education personnel"; and
(ii) by inserting "prosecutors and defense attorneys," after
"probation personnel,"; and
(B) in subsection (e) --
(i) in paragraph (5) by striking "prescribed for GS-18 of the
General Schedule by section 5332" and inserting "payable under
section 5376"; and
(ii) in paragraph (6) by striking "Act" and inserting "title".
(2) INFORMATION FUNCTION. -- Section 242(3) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5652(3))
is amended by inserting "(including drug and alcohol programs and
gender-specific programs)" after "treatment programs".
(3) RESEARCH, DEMONSTRATION, AND EVALUATION FUNCTIONS. --
Section 243 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5653) is amended --
(A) by striking "The" and inserting "(a) The";
(B) in paragraph (1) by striking "maintain the family unit" and
inserting "preserve families";
(C) by redesignating paragraphs (3), (4), (5), (6), (7), (8),
and (9) as paragraphs (5), (6), (7), (8), (9), (10), and (11),
respectively;
(D) by inserting after paragraph (2) the following new
paragraphs:
"(3) establish or expand programs that, in recognition of
varying degrees of the seriousness of delinquent behavior and the
corresponding gradations in the responses of the juvenile justice
system in response to that behavior, are designed to --
"(i) encourage courts to develop and implement a continuum of
post-adjudication restraints that bridge the gap between
traditional probation and confinement in a correctional setting
(including expanded use of probation, mediation, restitution,
community service, treatment, home detention, intensive
supervision, electronic monitoring, boot camps and similar
programs, and secure community-based treatment facilities linked
to other support services such as health, mental health, education
(remedial and special), job training, and recreation); and
"(ii) assist in the provision by the Administrator of
information and technical assistance, including technology
transfer, to States in the design and utilization of risk
assessment mechanisms to aid juvenile justice personnel in
determining appropriate sanctions for delinquent behavior;
"(4) Encourage the development of programs which, in addition
to helping youth take responsibility for their behavior, take to
into consideration life experiences which may have contributed to
their delinquency when developing intervention and treatment
programs;
"(5) encourage the development and establishment of programs to
enhance the State's ability to identify chronic serious and
violent juvenile offenders who commit crimes such as rape, murder,
firearms offenses, gang-related crimes, violent felonies, and
serious drug offenses;";
(E) in subparagraph (D) of paragraph (7), as redesignated by
subparagraph (C), by inserting "(including the productive use of
discretionary time through organized recreational" after "lawful
activities";
(F) by striking "and" at the end of paragraph (10), as
redesignated by subparagraph (C);
(G) by striking the period at the end of paragraph (11), as
redesignated by subparagraph (C), and inserting "; and"; and
(H) by adding at the end the following new paragraphs and
subsection:
"(12) support independent and collaborative research, research
training, and consultation on social, psychological, educational,
economic, and legal issues affecting children and families;
"(13) support research related to achieving a better
understanding of the commission of hate crimes by juveniles and
designed to identify educational programs best suited to prevent
reduce the incidence of hate crimes committed by juveniles; and
"(14) routinely collect, analyze, compile, publish, and
disseminate uniform national statistics concerning --
"(A) all aspects of juveniles as victims and offenders;
"(B) the processing and treatment, in the juvenile justice
system, of juveniles who are status offenders, delinquent,
neglected, or abused; and
"(C) the processing and treatment of such juveniles who are
treated as adults for purposes of the criminal justice system.
"(b) The Administrator shall make available to the public --
"(1) the results of evaluations and research and demonstration
activities referred to in subsection (a)(8); and
"(2) the data and studies referred to in subsection (a)(9);
that the Administrator is authorized to disseminate under subsection
(a).".
(3) TECHNICAL ASSISTANCE AND TRAINING FUNCTIONS. -- Section
244 of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5654) is amended --
(A) in paragraph (2) by inserting "(including juveniles who
commit hate crimes)" after "offenders";
(B) in paragraph (3) --
(i) by inserting "prosecutors and defense attorneys," after
"judges";
(ii) by striking "and" at the end;
(C) by striking the period at the end of paragraph (4) and
inserting "; and"; and
(D) by adding at the end the following new paragraph:
"(5) provide technical assistance and training to assist States
and units of general local government to adopt the model standards
issued under section 204(b)(7).".
(4) ESTABLISHMENT OF TRAINING PROGRAM. -- Section 245 of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5659) is amended in the first sentence by inserting ", including
methods and techniques specifically designed to prevent and reduce
the incidence of hate crimes committed by juveniles" before the
period.
(5) CURRICULUM FOR TRAINING PROGRAM. -- Section 246 of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5660) is amended in the second sentence by inserting "and shall
include training designed to prevent juveniles from committing
hate crimes" before the period.
(6) SPECIAL STUDIES AND REPORTS. -- Section 248 of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5662) is amended --
(A) by striking "(a) Not later than 1 year after the date" and
inserting "(a) PURSUANT TO 1988 AMENDMENTS. -- (1) Not later than
1 year after the date";
(B) by striking "(1) to review" and inserting "(A) to review";
(C) by striking "(A) conditions" and inserting "(i)
conditions";
(D) by striking "(B) the extent" and inserting "(ii) the
extent";
(E) by striking "(2) to make" and inserting "(B) to make";
(F) by striking "(b)(1) Not later" and inserting "(2)(A) Not
later";
(G) by striking "(A) how" and inserting "(i) how";
(H) by striking "(B) the amount" and inserting "(ii) the
amount";
(I) by striking "(C) the extent" and inserting "(iii) the
extent";
(J) by striking "(2)(A) for purposes" and inserting "(B)(i) for
purposes";
(K) by striking "(B) For purposes" and inserting "(ii) for
purposes";
(L) by striking "(c) Not later" and inserting "(3) Not later";
(M) by striking "subsection (a) or (b)" and inserting
"paragraph (1) or (2)"; and
(N) by adding at the end the following new subsection:
"(b) PURSUANT TO 1992 AMENDMENTS. -- (1) Not later than 1 year after
the date of enactment of this subsection, the Comptroller General shall
--
"(A) conduct a study with respect to juveniles waived to adult
court that reviews --
"(i) the frequency and extent to which juveniles have been
transferred, certified, or waived to criminal court for
prosecution during the 5-year period ending December 1992;
"(ii) conditions of confinement in adult detention and
correctional facilities for juveniles waived to adult court; and
"(iii) sentencing patterns, comparing juveniles waived to adult
court with juveniles who have committed similar offenses but have
not been waived; and
"(B) submit to the Committee on Education and Labor of the
House of Representatives and the Committee on the Judiciary of the
Senate a report (including a compilation of State waiver statutes)
on the findings made in the study and recommendations to improve
conditions for juveniles waived to adult court.
"(2) Not later than 1 year after the date of enactment of this
subsection, the Comptroller General shall --
"(A) conduct a study with respect to admissions of juveniles
for behavior disorders to private psychiatric hospitals, and to
other residential and nonresidential programs that serve juveniles
admitted for behavior disorders, that reviews --
"(i) the frequency with which juveniles have been admitted to
such hospitals and programs during the 5-year period ending
December 1992; and
"(ii) conditions of confinement, the average length of stay,
and methods of payment for the residential care of such juveniles;
and
"(B) submit to the Committee on Education and Labor of the
House of Representatives and the Committee on the Judiciary of the
Senate a report on the findings made in the study and
recommendations to improve procedural protections and conditions
for juveniles with behavior disorders admitted to such hospitals
and programs.
"(3) Not later than 1 year after the date of enactment of this
subsection, the Comptroller General shall --
"(A) conduct a study of gender bias within State juvenile
justice systems that reviews --
"(i) the frequency with which females have been detained for
status offenses (such as frequently running away, truancy, and
sexual activity), as compared with the frequency with which males
have been detained for such offenses during the 5-year period
ending December 1992; and
"(ii) the appropriateness of the placement and conditions of
confinement for females; and
"(B) submit to the Committee on Education and Labor of the
House of Representatives and the Committee on the Judiciary of the
Senate a report on the findings made in the study and
recommendations to combat gender bias in juvenile justice and
provide appropriate services for females who enter the juvenile
justice system.
"(4) Not later than 1 year after the date of enactment of this
subsection, the Comptroller General shall --
"(A) conduct a study of the Native American pass-through grant
program authorized under section 223(a)(5)(C) that reviews the
cost-effectiveness of the funding formula utilized; and
"(B) submit to the Committee on Education and Labor of the
House of Representatives and the Committee on the Judiciary of the
Senate a report on the findings made in the study and
recommendations to improve the Native American pass-through grant
program.
"(5) Not later than 1 year after the date of enactment of this
subsection, the Comptroller General shall --
"(A) conduct a study of access to counsel in juvenile court
proceedings that reviews --
"(i) the frequency with which and the extent to which juveniles
in juvenile court proceedings either have waived counsel or have
obtained access to counsel during the 5-year period ending
December 1992; and
"(ii) a comparison of access to and the quality of counsel
afforded juveniles charged in adult court proceedings with those
of juveniles charged in juvenile court proceedings; and
"(B) submit to Committee on Education and Labor of the House of
Representative and the Committee on the Judiciary of the Senate a
report on the findings made in the study and recommendations to
improve access to counsel for juveniles in juvenile court
proceedings.
"(6)(A) Not later than 180 days after the date of enactment of this
subsection, the Administrator shall begin to conduct a study and
continue any pending study of the incidence of violence committed by or
against juveniles in urban and rural areas in the United States.
"(B) The urban areas shall include --
"(i) the District of Columbia;
"(ii) Los Angeles, California;
"(iii) Milwaukee, Wisconsin;
"(iv) Denver, Colorado;
"(v) Pittsburgh, Pennsylvania;
"(vi) Rochester, New York; and
"(vii) such other cities as the Administrator determines to be
appropriate.
"(C) At least one rural area shall be included.
"(D) With respect to each urban and rural area included in the study,
the objectives of the study shall be --
"(i) to identify characteristics and patterns of behavior of
juveniles who are at risk of becoming violent or victims of
homicide;
"(ii) to identify factors particularly indigenous to such area
that contribute to violence committed by or against juveniles;
"(iii) to determine the accessibility of firearms, and the use
of firearms by or against juveniles;
"(iv) to determine the conditions that cause any increase in
violence committed by or against juveniles;
"(v) to identify existing and new diversion, prevention, and
control programs to ameliorate such conditions;
"(vi) to improve current systems to prevent and control
violence by or against juveniles; and
"(vii) to develop a plan to assist State and local governments
to establish viable ways to reduce homicide committed by or
against juveniles.
"(E) Not later than 3 years after the date of enactment of this
subsection, the Administrator shall submit a report to the Committee on
Education and Labor of the House of Representatives and the Committee on
the Judiciary of the Senate detailing the results of the study
addressing each objective specified in subparagraph (D).
"(7)(A) Not later than 1 year after the date of the enactment of this
subsection, the Administrator shall --
"(i) conduct a study described in subparagraph (B); and
"(ii) submit to the chairman of the Committee on Education and
Labor of the House of Representatives and the chairman of the
Committee on the Judiciary of the Senate the results of the study.
"(B) The study required by subparagraph (A) shall assess --
"(i) the characteristics of juveniles who commit hate crimes,
including a profile of such juveniles based on --
"(I) the motives for committing hate crimes;
"(II) the age, sex, race, ethnicity, education level, locality,
and family income of such juveniles; and
"(III) whether such juveniles are familiar with publications or
organized groups that encourage the commission of hate crimes;
"(ii) the characteristics of hate crimes committed by
juveniles, including --
"(I) the types of hate crimes committed;
"(II) the frequency with which institutions and natural
persons, separately determined, were the targets of such crimes;
"(III) the number of persons who participated with juveniles in
committing such crimes;
"(IV) the types of law enforcement investigations conducted
with respect to such crimes;
"(V) the law enforcement proceedings commenced against
juveniles for committing hate crimes; and
"(VI) the penalties imposed on such juveniles as a result of
such proceedings; and
"(iii) the characteristics of the victims of hate crimes
committed by juveniles, including --
"(I) the age, sex, race, ethnicity, locality of the victims and
their familiarity with the offender; and
"(II) the motivation behind the attack.".
(7) AUTHORITY TO MAKE GRANTS AND CONTRACTS. -- Section 261 of
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5665) is amended --
(A) in subsection (a) --
(i) by striking "(a) The" and inserting "(a) Except as provided
in subsection (f), the";
(ii) in paragraph (1) by inserting "(including home-based
treatment programs)" after "alternatives"; and
(iii) by amending paragraph (3) to read as follows:
"(3) Establishing or supporting advocacy programs and services
that encourage the improvement of due process available to
juveniles in the juvenile justice system and the quality of legal
representation for such juveniles.";
(iv) by redesignating paragraphs (4), (5), (6), and
(7) as paragraphs (5), (6), (7), and (8), respectively;
(v) by inserting after paragraph (3) the following new
paragraph:
"(4) Establishing or supporting programs stressing advocacy
activities aimed at improving services to juveniles affected by
the juvenile justice system, including services that provide for
the appointment of special advocates by courts for such
juveniles.";
(vi) in paragraph (4), as redesignated by clause (iv) --
(I) by inserting "(including self-help programs for parents)"
after "programs"; and
(II) by inserting ", including programs that work with families
during the incarceration of juvenile family members and which take
into consideration the special needs of families with
limited-English speaking ability" before the period at the end;
(vii) in paragraph (7), as redesignated by clause (iv) --
(I) by striking the period at the end of subchapter (C) and
inserting a comma; and
(II) by adding at the end the following:
"that targets juveniles who have had contact with the juvenile
justice system or who are likely to have contact with the
system."; and
(viii) by adding at the end the following new paragraph:
"(9) Establishing or supporting programs designed to prevent
and to reduce the incidence of hate crimes by juveniles, including
--
"(A) model educational programs that are designed to reduce the
incidence of hate crimes by means such as --
"(i) addressing the specific prejudicial attitude of each
offender;
"(ii) developing an awareness in the offender of the effect of
the hate crime on the victim; and
"(iii) educating the offender about the importance of tolerance
in our society; and
"(B) sentencing programs that are designed specifically for
juveniles who commit hate crimes and that provide alternatives to
incarceration."; and
(B) in subsection (b)(5) by inserting "community service
personnel," after "law enforcement personnel,";
(C) in subsection (b) --
(i) by striking "(b) The" and inserting "(b) Except as provided
in subsection (f), the"; and
(ii) in paragraph (2) by inserting "to assist in identifying
learning difficulties (including learning disabilities)," after
"schools,"; and
(D) by adding at the end the following new subsection:
"(f) The Administrator shall not make a grant or a contract under
subsection (a) or (b) to the Department of Justice or to any
administrative unit or other entity that is part of the Department of
Justice.".
(h) CONSIDERATIONS FOR APPROVAL OF APPLICATIONS. -- Section
262(d)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5665a(d)(1)) is amended --
(1) by amending subparagraph (B) to read as follows:
"(B) The competitive process described in subparagraph (A) shall not
be required if the Administrator makes a written determination waiving
the competitive process --
"(i) with respect to programs to be carried out in areas with
respect to which the President declares under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.) that a major disaster or emergency exists; or
"(ii) with respect to a particular program described in part C
that is uniquely qualified."; and
(2) by striking subparagraph (C).
(i) PREVENTION, INTERVENTION, AND TREATMENT PROGRAM RELATING TO
JUVENILE GANGS AND DRUG ABUSE AND DRUG TRAFFICKING. -- Part D of title
II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5667 et seq.) is amended to read as follows:
"SEC. 281. "42 USC 5667" (a) The Administrator shall make grants to
or enter into contracts with public agencies (including local
educational agencies) and private nonprofit agencies, organizations, and
institutions to establish and support programs and activities that
involve families and communities and that are designed to carry out any
of the following purposes:
"(1) To prevent and to reduce the participation of juveniles in
the activities of gangs that commit crimes. Such programs and
activities may include --
"(A) individual, peer, family, and group counseling, including
the provision of life skills training and preparation for living
independently, which shall include cooperation with social
services, welfare, and health care programs;
"(B) education and social services designed to address the
social and developmental needs of juveniles which such juveniles
would otherwise seek to have met through membership in gangs;
"(C) crisis intervention and counseling to juveniles, who are
particularly at risk of gang involvement, and their families,
including assistance from social service, welfare, health care,
mental health, and substance abuse prevention and treatment
agencies where necessary;
"(D) the organization of neighborhood and community groups to
work closely with parents, schools, law enforcement, and other
public and private agencies in the community; and
"(E) training and assistance to adults who have significant
relationships with juveniles who are or may become members of
gangs, to assist such adults in providing constructive
alternatives to participating in the activities of gangs.
"(2) To develop within the juvenile adjudicatory and
correctional systems new and innovative means to address the
problems of juveniles convicted of serious drug-related and
gang-related offenses.
"(3) To target elementary school students, with the purpose of
steering students away from gang involvement.
"(4) To provide treatment to juveniles who are members of such
gangs, including members who are accused of committing a serious
crime and members who have been adjudicated as being delinquent.
"(5) To promote the involvement of juveniles in lawful
activities in geographical areas in which gangs commit crimes.
"(6) To promote and support, with the cooperation of
community-based organizations experienced in providing services to
juveniles engaged in gang-related activities and the cooperation
of local law enforcement agencies, the development of policies and
activities in public elementary and secondary schools which will
assist such schools in maintaining a safe environment conducive to
learning.
"(7) To assist juveniles who are or may become members of gangs
to obtain appropriate educational instruction, in or outside a
regular school program, including the provision of counseling and
other services to promote and support the continued participation
of such juveniles in such instructional programs. "(8) To expand
the availability of prevention and treatment services relating to
the illegal use of controlled substances and controlled substances
analogues (as defined in paragraphs (6) and (32) of section 102 of
the Controlled Substances Act (21 U.S.C. 802) by juveniles,
provided through State and local health and social services
agencies.
"(9) To provide services to prevent juveniles from coming into
contact with the juvenile justice system again as a result of
gang-related activity.
"(10) To provide services authorized in this section at a
special location in a school or housing project.
"(11) To support activities to inform juveniles of the
availability of treatment and services for which financial
assistance is available under this subpart.
"(b) From not more than 15 percent of the amount appropriate to carry
out this part in each fiscal year, the Administrator may make grants to
and enter into contracts with public agencies and private nonprofit
agencies, organizations, and institutions --
"(1) to conduct research on issues related to juvenile gangs;
"(2) to evaluate the effectiveness of programs and activities
funded under subsection (a); and
"(3) to increase the knowledge of the public (including public
and private agencies that operate or desire to operate gang
prevention and intervention programs) by disseminating information
on research and on effective programs and activities funded under
this subpart.
"SEC. 281A. "42 USC 5667-1" (a) Any agency, organization, or
institution desiring to receive a grant, or to enter into a contract,
under this subpart shall submit an application at such time, in such
manner, and containing such information as the Administrator may
prescribe.
"(b) In accordance with guidelines established by the Administrator,
each application submitted under subsection (a) shall --
"(1) set forth a program or activity for carrying out one or
more of the purposes specified in section 281 and specifically
identify each such purpose such program or activity is designed to
carry out;
"(2) provide that such program or activity shall be
administered by or under the supervision of the applicant;
"(3) provide for the proper and efficient administration of
such program or activity;
"(4) provide for regular evaluation of such program or
activity;
"(5) provide an assurance that the proposed program or activity
will supplement, not supplant, similar programs and activities
already available in the community;
"(6) describe how such program or activity is coordinated with
programs, activities, and services available locally under parts B
or C of this title, and under chapter 1 of subtitle B of title III
of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11801-11805);
"(7) certify that the applicant has requested the State
planning agency to review and comment on such application and
summarizes the responses of such State planning agency to such
request;
"(8) provide that regular reports on such program or activity
shall be sent to the Administrator and to such State planning
agency; and
"(9) provide for such fiscal control and fund accounting
procedures as may be necessary to ensure prudent use, proper
disbursement, and accurate accounting of funds received under this
subpart.
"(c) In reviewing applications for grants and contracts under section
281(a), the Administrator shall give priority to applications --
"(1) submitted by, or substantially involving, local
educational agencies (as defined in section 1471 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 2891));
"(2) based on the incidence and severity of crimes committed by
gangs whose membership is composed primarily of juveniles in the
geographical area in which the applicants propose to carry out the
programs and activities for which such grants and contracts are
requested; and
"(3) for assistance for programs and activities that --
"(A) are broadly supported by public and private non-profit
agencies, organizations, and institutions located in such
geographical area; and
"(B) will substantially involve the families of juvenile gang
members in carrying out such programs or activities.
"SEC. 282. "42 USC 5667a" (a) The Administrator shall make grants to
or enter into contracts with public and private nonprofit agencies,
organizations, and institutions to carry out programs and activities --
"(1) to reduce the participation of juveniles in the illegal
activities of gangs;
"(2) to develop regional task forces involving State, local,
and community-based organizations to coordinate enforcement,
intervention, and treatment efforts for juvenile gang members and
to curtail interstate activities of gangs; and
"(3) to facilitate coordination and cooperation among --
"(A) local education, juvenile justice, employment, and social
service agencies; and
"(B) community-based programs with a proven record of
effectively providing intervention services to juvenile gang
members for the purpose of reducing the participation of juveniles
in illegal gang activities; and
"(4) to support programs that, in recognition of varying
degrees of the seriousness of delinquent behavior and the
corresponding gradations in the responses of the juvenile justice
system in response to that behavior, are designed to --
"(A) encourage courts to develop and implement a continuum of
post-adjudication restraints that bridge the gap between
traditional probation and confinement in a correctional setting
(including expanded use of probation, mediation, restitution,
community service, treatment, home detention, intensive
supervision, electronic monitoring, boot camps and similar
programs, and secure community-based treatment facilities linked
to other support services such as health, mental health, education
(remedial and special), job training, and recreation); and
"(B) assist in the provision by the provision by the
Administrator of information and technical assistance, including
technology transfer, to States in the design and utilization of
risk assessment mechanisms to aid juvenile justice personnel in
determining appropriate sanctions for delinquent behavior.
"(b) Programs and activities for which grants and contracts are to be
made under subsection (a) may include --
"(1) developing within the juvenile adjudicatory and
correctional systems new and innovative means to address the
problems of juveniles convicted of serious drug-related and
gang-related offenses;
"(2) providing treatment to juveniles who are members of such
gangs, including members who are accused of committing a serious
crime and members who have been adjudicated as being delinquent;
"(3) promoting the involvement of juveniles in lawful
activities in geographical areas in which gangs commit crimes;
"(4) expanding the availability of prevention and treatment
services relating to the illegal use of controlled substances and
controlled substances analogues (as defined in paragraphs (6) and
(32) of section 102 of the Controlled Substances Act (21 U.S.C.
802) by juveniles, provided through State and local health and
social services agencies;
"(5) providing services to prevent juveniles from coming into
contact with the juvenile justice system again as a result of
gang-related activity; or
"(6) supporting activities to inform juveniles of the
availability of treatment and services for which financial
assistance is available under this subpart.
"SEC. 282A. "42 USC 5667a-1" (a) Any agency, organization, or
institution desiring to receive a grant, or to enter into a contract,
under this subpart shall submit an application at such time, in such
manner, and containing such information as the Administrator may
prescribe.
"(b) In accordance with guidelines established by the Administrator,
each application submitted under subsection (a) shall --
"(1) set forth a program or activity for carrying out one or
more of the purposes specified in section 282 and specifically
identify each such purpose such program or activity is designed to
carry out;
"(2) provide that such program or activity shall be
administered by or under the supervision of the applicant;
"(3) provide for the proper and efficient administration of
such program or activity;
"(4) provide for regular evaluation of such program or
activity;
"(5) provide an assurance that the proposed program or activity
will supplement, not supplant, similar programs and activities
already available in the community;
"(6) describe how such program or activity is coordinated with
programs, activities, and services available locally under parts B
or C of this title, and under chapter 1 of subtitle B of title III
of the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11801-11805);
"(7) certify that the applicant has requested the State
planning agency to review and comment on such application and
summarizes the responses of such State planning agency to such
request;
"(8) provide that regular reports on such program or activity
shall be sent to the Administrator and to such State planning
agency; and
"(9) provide for such fiscal control and fund accounting
procedures as may be necessary to ensure prudent use, proper
disbursement, and accurate accounting of funds received under this
subpart.
"(c) In reviewing applications for grants and contracts under section
285(a), the Administrator shall give priority to applications --
"(1) submitted by, or substantially involving, community-based
organizations experienced in providing services to juveniles;
"(2) based on the incidence and severity of crimes committed by
gangs whose membership is composed primarily of juveniles in the
geographical area in which the applicants propose to carry out the
programs and activities for which such grants and contracts are
requested; and
"(3) for assistance for programs and activities that --
"(A) are broadly supported by public and private nonprofit
agencies, organizations, and institutions located in such
geographical area; and
"(B) will substantially involve the families of juvenile gang
members in carrying out such programs or activities.
"SEC. 283. "42 USC 5667b" For purposes of this part, the term
'juvenile' means an individual who is less than 22 years of age.".
(i) ADDITIONAL PARTS IN TITLE II. -- (1) Title II of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.)
is amended --
(A) by redesignating part E as part I "42 USC prec. 5671";
(B) by redesignating sections 291, 292, 293, 294, 295, and 296
as sections 299, 299A, 299B, 299C, 299D, and 299E, "42 USC
5671-5676" respectively; and
(C) by inserting after part D the following new parts:
"SEC. 285. "42 USC 5667c" (a) IN GENERAL. -- The Administrator may
make a grant to a State that receives an allocation under section 222,
in the amount of 10 percent of the amount of the allocation, for each
challenge activity in which the State participates for the purpose of
funding the activity.
"(b) DEFINITIONS. -- For purposes of this part --
"(1) the term 'case review system' means a procedure for
ensuring that --
"(A) each youth has a case plan, based on the use of objective
criteria for determining a youth's danger to the community or
himself or herself, that is designed to achieve appropriate
placement in the least restrictive and most family-like setting
available in close proximity to the parents' home, consistent with
the best interests and special needs of the youth;
"(B) the status of each youth is reviewed periodically but not
less frequently than once every 3 months, by a court or by
administrative review, in order to determine the continuing
necessity for and appropriateness of the placement;
"(C) with respect to each youth, procedural safeguards will be
applied to ensure that a dispositional hearing is held to consider
the future status of each youth under State supervision, in a
juvenile or family court or another court (including a tribal
court) of competent jurisdiction, or by an administrative body
appointed or approved by the court, not later than 12 months after
the original placement of the youth and periodically thereafter
during the continuation of out-of-home placement; and
"(D) a youth's health, mental health, and education record is
reviewed and updated periodically; and
"(2) the term 'challenge activity' means a program maintained
for 1 of the following purposes:
"(A) Developing and adopting policies and programs to provide
basic health, mental health, and appropriate education services,
including special education, for youth in the juvenile justice
system as specified in standards developed by the National
Advisory Committee for Juvenile Justice and Delinquency Prevention
prior to October 12, 1984.
"(B) Developing and adopting policies and programs to provide
access to counsel for all juveniles in the justice system to
ensure that juveniles consult with counsel before waiving the
right to counsel.
"(C) Increasing community-based alternatives to incarceration
by establishing programs (such as expanded use of probation,
mediation, restitution, community service, treatment, home
detention, intensive supervision, and electronic monitoring) and
developing and adopting a set of objective criteria for the
appropriate placement of juveniles in detention and secure
confinement.
"(D) Developing and adopting policies and programs to provide
secure settings for the placement of violent juvenile offenders by
closing down traditional training schools and replacing them with
secure settings with capacities of no more than 50 violent
juvenile offenders with ratios of staff to youth great enough to
ensure adequate supervision and treatment.
"(E) Developing and adopting policies to prohibit gender bias
in placement and treatment and establishing programs to ensure
that female youth have access to the full range of health and
mental health services, treatment for physical or sexual assault
and abuse, self defense instruction, education in parenting,
education in general, and other training and vocational services.
"(F) Establishing and operating, either directly or by contract
or arrangement with a public agency or other appropriate private
nonprofit organization (other than an agency or organization that
is responsible for licensing or certifying out-of-home care
services for youth), a State ombudsman office for children, youth,
and families to investigate and resolve complaints relating to
action, inaction, or decisions of providers of out-of-home care to
children and youth (including secure detention and correctional
facilities, residential care facilities, public agencies, and
social service agencies) that may adversely affect the health,
safety, welfare, or rights of resident children and youth.
"(G) Developing and adopting policies and programs designed to
remove, where appropriate, status offenders from the jurisdiction
of the juvenile court to prevent the placement in secure detention
facilities or secure correctional facilities of juveniles who are
nonoffenders or who are charged with or who have committed
offenses that would not be criminal if committed by an adult.
"(H) Developing and adopting policies and programs designed to
serve as alternatives to suspension and expulsion from school.
"(I) Increasing aftercare services for juveniles involved in
the justice system by establishing programs and developing and
adopting policies to provide comprehensive health, mental health,
education, and vocational services and services that preserve and
strengthen the families of such juveniles.
"(J) Developing and adopting policies to establish --
"(i) a State administrative structure to coordinate program and
fiscal policies for children who have emotional and behavioral
problems and their families among the major child serving systems,
including schools, social services, health services, mental health
services, and the juvenile justice system; and
"(ii) a statewide case review system.
"SEC. 287. "42 USC 5667d" For the purposes of this part, the term
'juvenile' means a person who is less than 18 years of age.
"SEC. 287A. "42 USC 5667d-1" The Administrator, in consultation with
the Secretary of Health and Human Services, shall make grants to public
and nonprofit private organizations to develop, establish, and support
projects that --
"(1) provide treatment to juvenile offenders who are victims of
child abuse or neglect and to their families so as to reduce the
likelihood that the juvenile offenders will commit subsequent
violations of law;
"(2) based on the best interests of juvenile offenders who
receive treatment for child abuse or neglect, provide transitional
services (including individual, group, and family counseling) to
juvenile offenders --
"(A) to strengthen the relationships of juvenile offenders with
their families and encourage the resolution of intrafamily
problems related to the abuse or neglect;
"(B) to facilitate their alternative placement; and
"(C) to prepare juveniles aged 16 years and older to live
independently; and
"(3) carry out research (including surveys of existing
transitional services, identification of exemplary treatment
modalities, and evaluation of treatment and transitional services)
provided with grants made under this section.
"SEC. 287B. "42 USC 5667d-2" The Administrator shall administer this
part subject to the requirements of sections 262, 299B, and 299E.
"SEC. 287C. In making grants under section 287A, "42 USC 5667d-3"
the Administrator --
"(1) shall give priority to applicants that have experience in
treating juveniles who are victims of child abuse or neglect; and
"(2) may not disapprove an application solely because the
applicant proposes to provide treatment or transitional services
to juveniles who are adjudicated to be delinquent for having
committed offenses that are not serious crimes.
"SEC. 288. "42 USC 5667e" The purposes of this part are --
"(1) to reduce juvenile delinquency and gang participation;
"(2) to improve academic performance; and
"(3) to reduce the dropout rate,
through the use of mentors for at-risk youth.
"SEC. 288A. "42 USC 5667e-1" For purposes of this part --
"(1) the term 'at-risk youth' means a youth at risk of
educational failure or dropping out of school or involvement in
delinquent activities; and
"(2) the term 'mentor' means a person who works with an at-risk
youth on a one-to-one basis, establishing a supportive
relationship with the youth and providing the youth with academic
assistance and exposure to new experiences that enhance the
youth's ability to become a responsible citizen.
"SEC. 288B. "42 USC 5667e-2" The Administrator shall, by making
grants to and entering into contracts with local educational agencies
(each of which agency shall be in partnership with a public or private
agency, institution, or business), establish and support programs and
activities for the purpose of implementing mentoring programs that --
"(1) are designed to link at-risk children, particularly
children living in high crime areas and children experiencing
educational failure, with responsible adults such as law
enforcement officers, persons working with local businesses, and
adults working for community-based organizations and agencies;
and
"(2) are intended to achieve 1 or more of the following goals:
"(A) Provide general guidance to at-risk youth.
"(B) Promote personal and social responsibility among at-risk
youth.
"(C) Increase at-risk youth's participation in and enhance
their ability to benefit from elementary and secondary education.
"(D) Discourage at-risk youth's use of illegal drugs, violence,
and dangerous weapons, and other criminal activity.
"(E) Discourage involvement of at-risk youth in gangs.
"(F) Encourage at-risk youth's participation in community
service and community activities.
"SEC. 288C. "42 USC 5667e-3" (a) REGULATIONS. -- The Administrator,
after consultation with the Secretary of Health and Human Services, the
Secretary of Education, and the Secretary of Labor, shall promulgate
regulations to implement this part.
"(b) GUIDELINES. -- The Administrator shall develop and distribute
to program participants specific model guidelines for the screening of
prospective program mentors.
"SEC. 288D. "42 USC 5667e-4" (a) PERMITTED USES. -- Grants awarded
pursuant to this part shall be used to implement mentoring programs,
including --
"(1) hiring of mentoring coordinators and support staff;
"(2) recruitment, screening, and training of adult mentors;
"(3) reimbursement of mentors for reasonable incidental
expenditures such as transportation that are directly associated
with mentoring; and
"(4) such other purposes as the Administrator may reasonably
prescribe by regulation.
"(b) PROHIBITED USES. -- Grants awarded pursuant to this part shall
not be used --
"(1) to directly compensate mentors, except as provided
pursuant to subsection (a)(3);
"(2) to obtain educational or other materials or equipment that
would otherwise be used in the ordinary course of the grantee's
operations;
"(3) to support litigation of any kind; or
"(4) for any other purpose reasonably prohibited by the
Administrator by regulation.
"SEC. 288E. "42 USC 5667e-5" (a) IN GENERAL. -- In making grants
under this part, the Administrator shall give priority for awarding
grants to applicants that --
"(1) serve at-risk youth in high crime areas;
"(2) have 60 percent or more of their youth eligible to receive
funds under chapter 1 of the Elementary and Secondary Education
Act of 1965; and
"(3) have a considerable number of youth who drop out of school
each year.
"(b) OTHER CONSIDERATIONS. -- In making grants under this part, the
Administrator shall give consideration to --
"(1) the geographic distribution (urban and rural) of
applications;
"(2) the quality of a mentoring plan, including --
"(A) the resources, if any, that will be dedicated to providing
participating youth with opportunities for job training or
postsecondary education; and
"(B) the degree to which parents, teachers, community-based
organizations, and the local community participate in the design
and implementation of the mentoring plan; and
"(3) the capability of the applicant to effectively implement
the mentoring plan.
"SEC. 288F. "42 USC 5667e-6" An application for assistance under
this part shall include --
"(1) information on the youth expected to be served by the
program;
"(2) a provision for a mechanism for matching youth with
mentors based on the needs of the youth;
"(3) an assurance that no mentor will be assigned to more than
one youth, so as to ensure a one-to-one relationship;
"(4) an assurance that projects operated in secondary schools
will provide youth with a variety of experiences and support,
including --
"(A) an opportunity to spend time in a work environment and,
when possible, participate in the work environment;
"(B) an opportunity to witness the job skills that will be
required for youth to obtain employment upon graduation;
"(C) assistance with homework assignments; and
"(D) exposure to experiences that youth might not otherwise
encounter;
"(5) an assurance that projects operated in elementary schools
will provide youth with --
"(A) academic assistance;
"(B) exposure to new experiences and activities that youth
might not encounter on their own; and
"(C) emotional support;
"(6) an assurance that projects will be monitored to ensure
that each youth benefits from a mentor relationship, with
provision for a new mentor assignment if the relationship is not
beneficial to the youth;
"(7) the method by which mentors and youth will be recruited to
the project;
"(8) the method by which prospective mentors will be screened;
and
"(9) the training that will be provided to mentors.
"SEC. 288G. "42 USC 5667e-7" Grants under this part shall be made
for 3-year periods.
"SEC. 288H. "42 USC 5667e-8" Not later than 120 days after the
completion of the first cycle of grants under this part, the
Administrator shall submit to Congress a report regarding the success
and effectiveness of the grant program in reducing juvenile delinquency
and gang participation, improving academic performance, and reducing the
dropout rate.
"SEC. 289. "42 USC 5667f" (a) IN GENERAL. -- The Administrator may
make grants to the appropriate agencies of 1 or more States for the
purpose of establishing up to 10 military-style boot camps for juvenile
delinquents (referred to as 'boot camps').
"(b) LOCATION. -- (1) The boot camps shall be located on existing or
closed military installations on sites to be chosen by the agencies in
one or more States, or in other facilities designated by the agencies on
such sites, after consultation with the Secretary of Defense, if
appropriate, and the Administrator.
"(2) The Administrator shall --
"(A) try to achieve to the extent possible equitable geographic
distribution in approving boot camp sites; and
"(B) give priority to grants where more than one State enters
into formal cooperative arrangements to jointly administer a boot
camp; and
"(c) REGIMEN. -- The boot camps shall provide --
"(1) a highly regimented schedule of discipline, physical
training, work, drill, and ceremony characteristic of military
basic training;
"(2) regular, remedial, special, and vocational education; and
"(3) counseling and treatment for substance abuse and other
health and mental health problems.
"SEC. 289A. "42 USC 5667f-1" Each boot camp shall be designed to
accommodate between 150 and 250 juveniles for such time as the grant
recipient agency deems to be appropriate.
"SEC. 289B. "42 USC 5667f-2" (a) ELIGIBILITY. -- A person shall be
eligible for assignment to a boot camp if he or she --
"(1) is considered to be a juvenile under the laws of the State
of jurisdiction; and
"(2) has been adjudicated to be delinquent in the State of
jurisdiction or, upon approval of the court, voluntarily agrees to
the boot camp assignment without a delinquency adjudication.
"(b) PLACEMENT. -- Prior to being placed in a boot camp, an
assessment of a juvenile shall be performed to determine that --
"(1) the boot camp is the least restrictive environment that is
appropriate for the juvenile considering the seriousness of the
juvenile's delinquent behavior and the juvenile's treatment need;
and
"(2) the juvenile is physically and emotionally capable of
participating in the boot camp regimen.
"SEC. 289C. "42 USC 5667f-3" A State that seeks to establish a boot
camp, or participate in the joint administration of a boot camp, shall
submit to the Administrator a plan describing --
"(1) the provisions that the State will make for the continued
supervision of juveniles following release; and
"(2) provisions for educational and vocational training, drug
or other counseling and treatment, and other support services.
"SEC. 291. "42 USC 5667g" (a) IN GENERAL. -- The President may call
and conduct a National White House Conference on Juvenile Justice
(referred to as the 'Conference') in accordance with this part.
"(b) PURPOSES OF CONFERENCE. -- The purposes of the Conference shall
be --
"(1) to increase public awareness of the problems of juvenile
offenders and the juvenile justice system;
"(2) to examine the status of minors currently in the juvenile
and adult justice systems;
"(3) to examine the increasing number of violent crimes
committed by juveniles;
"(4) to examine the growing phenomena of youth gangs, including
the number of young women who are involved;
"(5) to assemble persons involved in policies and programs
related to juvenile delinquency prevention and juvenile justice
enforcement;
"(6) to examine the need for improving services for girls in
the juvenile justice system;
"(7) to create a forum in which persons and organizations from
diverse regions may share information regarding successes and
failures of policy in their juvenile justice and juvenile
delinquency prevention programs; and
"(8) to develop such specific and comprehensive recommendations
for executive and legislative action as may be appropriate to
address the problems of juvenile delinquency and juvenile justice.
"(c) SCHEDULE OF CONFERENCES. -- The Conference under this part
shall be concluded not later than 18 months after the date of enactment
of this part.
"(d) PRIOR STATE AND REGIONAL CONFERENCES. --
"(1) IN GENERAL. -- Participants in the Conference and other
interested persons and organizations may conduct conferences and
other activities at the State and regional levels prior to the
date of the Conference, subject to the approval of the executive
director of the Conference.
"(2) PURPOSE OF STATE AND REGIONAL CONFERENCES. -- State and
regional conferences and activities shall be directed toward the
consideration of the purposes of this part. State conferences
shall elect delegates to the National Conferences.
"(3) ADMITTANCE. -- No person involved in administering State
juvenile justice programs or in providing services to or advocacy
of juvenile offenders may be denied admission to a State or
regional conference.
"SEC. 291A. "42 USC 5667g-1" (a) IN GENERAL. -- The Conference
shall bring together persons concerned with issues and programs, both
public and private, relating to juvenile justice, and juvenile
delinquency prevention.
"(b) SELECTION. --
"(1) STATE CONFERENCES. -- Delegates, including alternates, to
the National Conference shall be elected by participants at the
State conferences.
"(2) DELEGATES. -- (A) In addition to delegates elected
pursuant to paragraph (1) --
"(i) each Governor may appoint 1 delegate and 1 alternate;
"(ii) the majority leader of the Senate, in consultation with
the minority leader, may appoint 10 delegates and 3 alternates;
"(iii) the Speaker of the House of Representatives, in
consultation with the minority leader, may appoint 10 delegates
and 3 alternates;
"(iv) the President may appoint 20 delegates and 5 alternates;
"(v) the chief law enforcement official and the chief juvenile
corrections official of each State may appoint 1 delegate and 1
alternate each; and
"(vi) the Chairperson of the Juvenile Justice and Delinquency
Prevention Advisory Committee of each State, or his or her
designate, may appoint 1 delegate.
"(B) Only persons involved in administering State juvenile
justice programs or in providing services to or advocacy of
juvenile offenders shall be eligible for appointment as a
delegate.
"(c) PARTICIPANT EXPENSES. -- Each participant in the Conference
shall be responsible for his or her expenses related to attending the
Conference and shall not be reimbursed from funds appropriated pursuant
to this Act.
"(d) NO FEES. -- No fee may be imposed on a person who attends a
Conference except a registration fee of not to exceed $10.
"SEC. 291B. "42 USC 5667g-2" (a) IN GENERAL. -- The President may
appoint and compensate an executive director of the National White House
Conference on Juvenile Justice and such other directors and personnel
for the Conference as the President may deem to be advisable, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates. The staff of
the Conference may not exceed 20, including the executive director.
"(b) DETAILEES. -- Upon request by the executive director, the heads
of the executive and military departments may detail employees to work
with the executive director in planning and administering the Conference
without regard to section 3341 of title 5, United States Code.
"SEC. 291C. "42 USC 5667g-3" (a) FEDERAL AGENCY SUPPORT. -- All
Federal departments, agencies, and instrumentalities shall provide such
support and assistance as may be necessary to facilitate the planning
and administration of the Conference.
"(b) DUTIES OF THE EXECUTIVE DIRECTOR. -- In carrying out this part,
the executive director of the White House Conference on Juvenile Justice
--
"(1) shall provide such assistance as may be necessary for the
organization and conduct of conferences at the State and regional
levels authorized by section 291(d);
"(2) may enter into contracts and agreements with public and
private agencies and organizations and academic institutions to
assist in carrying out this part; and
"(3) shall prepare and provide background materials for use by
participants in the Conference and by participants in State and
regional conferences.
"SEC. 291D. "42 USC 5667g-4" (a) IN GENERAL. -- Not later than 6
months after the date on which a National Conference is convened, a
final report of the Conference shall be submitted to the President and
the Congress.
"(b) CONTENTS. -- A report described in subsection (a) --
"(1) shall include the findings and recommendations of the
Conference and proposals for any legislative action necessary to
implement the recommendations of the Conference; and
"(2) shall be made available to the public.
"SEC. "42 USC 5667g-5" 291E. The Administrator shall report to the
Congress annually during the 3-year period following the submission of
the final report of a Conference on the status and implementation of the
findings and recommendations of the Conference.".
(2) REPEALER. -- Subtitle G of title II of the Crime Control
Act of 1990 (42 U.S.C. 13051 et seq.) is repealed effective
September 30, 1993.
(j) GENERAL AND ADMINISTRATIVE PROVISIONS. -- Section 299 of the
Juvenile Justice and Delinquency Prevention Act of 1974, as redesignated
by subsection (g), "42 USC 5671" is amended --
(1) by amending subsection (a) to read as follows:
"(a)(1) To carry out the purposes of this title (other than parts D,
E, F, G, H, and I) there are authorized to be appropriated $150,000,000
for fiscal years 1993, 1994, 1995, and 1996. Funds appropriated for any
fiscal year shall remain available for obligation until expended.
"(2)(A) Subject to subparagraph (B), to carry out part D, there are
authorized to be appropriated --
"(i) to carry out subpart 1, $25,000,000 for fiscal year 1993
and such sums as are necessary for fiscal years 1994, 1995, and
1996; and
"(ii) to carry out subpart 2, $25,000,000 for fiscal year 1993
and such sums as are necessary for fiscal years 1994, 1995, and
1996.
"(B) No funds may be appropriated to carry out part D, E, F, G, or I
of this title or title V or VI for a fiscal year unless the aggregate
amount appropriated to carry out this title (other than part D, E, F, G,
or I of this title or title V or VI) for the fiscal year is not less
than the aggregate amount appropriated to carry out this title (other
than part D, E, F, G, or I of this title or title V or VI) for the
preceding fiscal year.
"(3) To carry out part E, there are authorized to be appropriated
$50,000,000 for fiscal year 1993 and such sums as are necessary for each
of the fiscal years 1994, 1995, and 1996.
"(4)(A) Subject to subparagraph (B), there are authorized to be
appropriated to carry out part F --
"(i) $15,000,000 for fiscal year 1993; and
"(ii) such sums as are necessary for fiscal years 1994, 1995,
and 1996.
"(B) No amount is authorized to be appropriated for a fiscal year to
carry out part F unless the aggregate amount appropriated to carry out
this title for that fiscal year is not less than the aggregate amount
appropriated to carry out this title for the preceding fiscal year.
"(C) From the amount appropriated to carry out part F in a fiscal
year, the Administrator shall use --
"(i) not less than 85 percent to make grants for treatment and
transitional services;
"(ii) not to exceed 10 percent for grants for research; and
"(iii) not to exceed 5 percent for salaries and expenses of the
Office of Juvenile Justice and Delinquency Prevention related to
administering part F.
"(5)(A) Subject to subparagraph (B), there are authorized to be
appropriated to carry out part G such sums as are necessary for fiscal
years 1993, 1994, 1995, and 1996.
"(6)(A) There are authorized to be appropriated to carry out part H
such sums as are necessary for fiscal year 1993, to remain available
until expended, of which --
"(i) not more than $12,500,000 shall be used to convert any 1
closed military base or to modify any 1 existing military base or
other designated facility to a boot camp; and
"(ii) not more than $2,500,000 shall be used to operate any 1
boot camp during a fiscal year.
"(B) No amount is authorized to be appropriated for a fiscal year to
carry out part H unless the aggregate amount appropriated to carry out
parts A, B, and C of this title for that fiscal year is not less than
120 percent of the aggregate amount appropriated to carry out those
parts for fiscal year 1992.
"(7)(A) There are authorized to be appropriated such sums as are
necessary for each National Conference and associated State and regional
conferences under part I, to remain available until expended.
"(B) New spending authority or authority to enter into contracts
under part I shall be effective only to such extent and in such amounts
as are provided in advance in appropriation Acts.
"(C) No funds appropriated to carry out this Act shall be made
available to carry out part I other than funds appropriated specifically
for the purpose of conducting the Conference.
"(D) Any funds remaining unexpended at the termination of the
Conference under part I, including submission of the report pursuant to
section 291D, shall be returned to the Treasury of the United States and
credited as miscellaneous receipts."; and
(2) by adding at the end the following new subsection:
"(e) Of such sums as are appropriated to carry out section 261(a)(6),
not less than 20 percent shall be reserved by the Administrator for each
of fiscal years 1993, 1994, 1995, and 1996, for not less than 2 programs
that have not received funds under subpart II of part C prior to October
1, 1992, which shall be selected through the application and approval
process set forth in section 262.".
SEC. 3. RUNAWAY AND HOMELESS YOUTH.
(a) FINDINGS. -- Section 302 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5701) is amended --
(1) by amending paragraph (1) to read as follows:
"(1) juveniles who have become homelss or who leave and remain
away from home without parental permission, are at risk of
developing serious health and other problems because they lack
sufficient resources to obtain care and may live on the street for
extended periods thereby endangering themselves and creating a
substantial law enforcement problem for communities in which they
congregate;";
(2) by striking "and" at the end of paragraph (4);
(3) in paragraph (5) by striking "temporary" and all that
follows through the period at the end and inserting "care
(including preventive services, emergency shelter services, and
extended residential shelter) outside the welfare system and the
law enforcement system;" and
(4) by adding at the end the following new paragraphs:
"(6) runaway and homeless youth have a disproportionate share
of health, behavioral, and emotional problems compared to the
general population of youth, but have less access to health care
and other appropriate services and therefore may need access to
longer periods of residential care, more intensive aftercare
service, and other assistance;
"(7) to make a successful transition to adulthood, runaway
youth, homeless youth, and other street youth need opportunities
to complete high school or earn a general equivalency degree,
learn job skills, and obtain employment;
"(8) in view of the interstate nature of the problem, it is the
responsibility of the Federal Government to develop an accurate
national reporting system and to develop an effective system of
care including prevention, emergency shelter services, and longer
residential care outside the public welfare and law enforcement
structures;
"(9) early intervention services (such as home-based services)
are needed to prevent runaway and homeless youth from becoming
involved in the juvenile justice system and other law enforcement
systems; and
"(10) street-based services that target runaway and homeless
youth where they congregate are needed to reach youth who require
assistance but who would not otherwise avail themselves of such
assistance or services without street-based outreach.".
(b) AUTHORITY TO MAKE GRANTS. --
(1) AUTHORITY. -- Section 311(a) of the Runaway and Homeless
Youth Act (42 U.S.C. 5711(a)) is amended by striking "structure
and" and inserting "system, the child welfare system, the mental
health system, and".
(2) ALLOTMENT OF FUNDS. -- Section 311(b) of the Runaway and
Homeless Youth Act (42 U.S.C. 5711(b)) is amended --
(A) in paragraph (2) --
(i) by striking "$75,000" and inserting "$100,000"; and
(ii) by striking "$30,000" and inserting "$45,000"; and
(B) in paragraph (3) by striking "1988" each place it appears
and inserting "1992".
(3) STREET-BASED SERVICES; HOME-BASED SERVICES. -- Section
311 of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5633) "42 USC 5711" is amended by striking subsection
(c) and inserting the following:
"(c)(1) If for a fiscal year the amount appropriated under section
385(a)(1) exceeds $50,000,000, the Secretary may make grants under this
subsection for that fiscal year to entities that receive grants under
subsection (a) to establish and operate street-based service projects
for runaway and homeless youth.
"(2) For purposes of this part, the term 'street-based services'
includes --
"(i) street-based crisis intervention and counseling;
"(ii) information and referral for housing;
"(iii) information and referral for transitional living and
health care services; and
"(iv) advocacy, education, and prevention services for --
"(I) alcohol and drug abuse;
"(II) sexually transmitted diseases including HIV/AIDS
infection; and
"(III) physical and sexual assault.
"(d)(1) If for a fiscal year the amount appropriated under section
385(a)(1) exceeds $50,000,000, the Secretary may make grants for that
fiscal year to entities that receive grants under subsection (a) to
establish and operate home-based service projects for families that are
separated, or at risk of separation, as a result of the physical absence
of a runaway youth or youth at risk of family separation.
"(2) For purposes of this part --
"(A) the term 'home-based service project' means a project that
provides --
"(i) case management; and
"(ii) in the family residence (to the maximum extent
practicable) --
"(I) intensive, time-limited, family and individual counseling;
"(II) training relating to life skills and parenting; and
"(III) other services;
designed to prevent youth from running away from their families
or to cause runaway youth to return to their families;
"(B) the term 'youth at risk of family separation' means an
individual --
"(i) who is less than 18 years of age; and
"(ii)(I) who has a history of running away from the family of
such individual;
"(II) whose parent, guardian, or custodian is not willing to
provide for the basic needs of such individual; or
"(III) who is at risk of entering the child welfare system or
juvenile justice system, as a result of the lack of services
available to the family to meet such needs; and
"(C) the term 'time-limited' means for a period not to exceed 6
months.".
(c) ELIGIBILITY. -- Section 312 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5712) is amended --
(1) in subsection (a) by striking "facility providing" and
inserting "project (including a host family home) that provides";
and
(2) in subsection (b) --
(A) by amending paragraph (2) to read as follows:
"(2) shall use such assistance to establish, to strengthen, or
to fund a runaway and homeless youth center, or a locally
controlled facility providing temporary shelter, that has --
"(A) a maximum capacity of not more than 20 youth; and
"(B) a ratio of staff to youth that is sufficient to ensure
adequate supervision and treatment;";
(B) in paragraph (3) --
(i) by striking "child's parents or relatives and assuring" and
inserting "parents or other relatives of the youth and ensuring";
and
(ii) by striking "child" each place it appears and inserting
"youth";
(C) by amending paragraph (4) to read as follows:
"(4) shall develop an adequate plan for ensuring --
"(A) proper relations with law enforcement personnel, health
and mental health care personnel, social service personnel, school
system personnel, and welfare personnel;
"(B) coordination with personnel of the schools to which
runaway and homeless youth will return, to assist such youth to
stay current with the curricula of those schools; and
"(C) the return of runaway and homeless youth from correctional
institutions;";
(D) in paragraph (5) --
(i) by striking "aftercare" and all that follows through
"assuring" and inserting "providing counseling and aftercare
services to such youth, for encouraging the involvement of their
parents or legal guardians in counseling, and for ensuring"; and
(ii) by striking "children" and inserting "youth";
(E) in paragraph (6) by striking "children and family members
which it serves" and inserting "youth and family members whom it
serves (including youth who are not referred to out-of-home
shelter services)";
(F) by redesignating paragraphs (6), (7), (8), (9), and (10) as
paragraphs (7), (8), (9), (10), and (11) respectively;
(G) by inserting after paragraph (5) the following new
paragraph:
"(6) shall develop an adequate plan for establishing or
coordinating with outreach programs designed to attract persons
(including, where applicable, persons who are members of a
cultural minority and persons with limited ability to speak
English) who are eligible to receive services for which a grant
under subsection (a) may be expended;"; and
(H) by adding at the end the following new subsections:
"(c) To be eligible for assistance under section 311(c), an applicant
shall propose to establish, strengthen, or fund a street-based service
project for runaway and homeless youth and shall submit to the Secretary
a plan in which the applicant agrees, as part of the project --
"(1) to provide qualified supervision of staff, including
on-street supervision by appropriately trained staff;
"(2) to provide backup personnel for on-street staff;
"(3) to provide informational and health educational material
to runaway and homeless youth in need of services;
"(4) to provide initial and periodic training of staff who
provide services under the project;
"(5) to carry out outreach activities for runaway and homeless
youth and to collect statistical information on runaway and
homeless youth contacted through such activities;
"(6) to develop referral relationships with agencies and
organizations that provide services or assistance to runaway and
homeless youth, including law enforcement, education, social
services, vocational education and training, public welfare, legal
assistance, mental health and health care;
"(7) to submit to the Secretary an annual report that includes
information regarding the activities carried out with funds
received under section 311(c), the achievements of the project
under section 311(c) carried out by the applicant, and statistical
summaries describing the number and the characteristics of the
runaway and homeless youth who participate in such project in the
year for which the report is submitted;
"(8) to implement such accounting procedures and fiscal control
devices as the Secretary may require;
"(9) to submit to the Secretary an annual budget that estimates
the itemized costs to be incurred in the year for which the
applicant requests a grant under subsection 311(c);
"(10) to keep adequate statistical records that profile runaway
and homeless youth whom it serves and not to disclose the identity
of such youth in reports or other documents based on such
statistical records;
"(11) not to disclose records maintained on an individual
runaway and homeless youth without the informed consent of the
youth, to any person other than an agency compiling statistical
records; and
"(12) to provide to the Secretary such other information as the
Secretary may reasonably require.
"(d) To be eligible for assistance under section 311(d), an applicant
shall propose to establish, strengthen, or fund a home-based service
project for runaway youth or youth at risk of family separation and
shall submit to the Secretary a plan in which the applicant agrees, as
part of the project --
"(1) to provide counseling and information services needed by
runaway youth, youth at risk of family separation, and the family
(including unrelated individuals in the family household) of such
youth, including services relating to basic life skills,
interpersonal skill building, educational advancement, job
attainment skills, mental and physical health care, parent
training, financial planning, and referral to sources of other
needed services;
"(2) to provide directly, or through an arrangement made by the
applicant, 24-hour service to respond to family crises (including
immediate access to temporary shelter for runaway youth and youth
at risk of family separation affected by family crises);
"(3) to establish in partnership with the families of runaway
youth and youth at risk of family separation, objectives and
measures of success to be achieved as a result of participating in
such project;
"(4) to provide informational and health educational material
to runaway youth and youth at risk of family separation in need of
services;
"(5) to provide initial and periodic training of staff who
provide services under the project;
"(6) to carry out outreach activities for runaway youth and
youth at risk of family separation, and to collect statistical
information on runaway youth and youth at risk of family
separation contacted through such activities;
"(7) to ensure that --
"(i) caseloads will remain sufficiently low to allow for
intensive (5 to 20 hours per week) involvement with each family
participating in such project; and
"(ii) qualified supervision will be provided to staff who
provide services under the project;
"(8) to submit to the Secretary an annual report that includes
information regarding the activities carried out with funds under
section 311(d), the achievements of the project under this part
carried out by the applicant and statistical summaries describing
the number and the characteristics of the runaway youth and youth
at risk of family separation who participate in such project in
the year for which the report is submitted;
"(9) to implement such accounting procedures and fiscal control
devices as the Secretary may require;
"(10) to submit to the Secrertary an annual budget that
estimates the itemized costs to be incurred in the year for which
the applicant requests a grant under section 311(d);
"(11) to keep adequate statistical records that profile runaway
youth and youth at risk of family separation whom it serves and
not to disclose the identity of such youth in reports or other
documents based on such statistical records;
"(12) not to disclose records maintained on an individual
runaway youth or youth at risk of family separation without the
informed consent of the youth, to any person other than an agency
compiling statistical records; and
"(13) to provide to the Secretary such other information as the
Secretary may reasonably require.".
(d) APPROVAL BY SECRETARY. -- Section 316 of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5713) is amended --
(1) in the first sentence by striking "section 311(a)" each
place it appears and inserting "section 311(a), (c), or (d)"; and
(2) in the second sentence by striking "$150,000" and inserting
"$200,000".
(e) GRANTS TO PRIVATE ENTITIES; STAFFING. -- Section 317 of the
Runaway and Homeless Youth Act (42 U.S.C. 5714) is amended --
(1) by striking "part" each place it appears and inserting
"title";
(2) in the first sentence inserting "and the programs,
projects, and activities they carry out under this title" after
"center"; and
(3) in the last sentence by inserting "under this title" before
the period.
(f) TRANSITIONAL LIVING GRANT PROGRAM. -- Section 322(a) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5714-2(a)) is amended --
(1) in paragraph (1) by inserting "which shall include money
management, budgeting, consumer education, and use of credit"
after "basic life skills"; and
(2) in paragraph (13) --
(A) by striking "consent of the individual youth and parent or
legal guardian" and inserting "informed consent of the individual
youth"; and
(B) by striking "or a government agency involved in the
disposition of criminal charges against youth".
(g) NATIONAL COMMUNICATION SYSTEM; STREET-BASED SERVICES PROGRAM;
HOME-BASED SERVICES PROGRAM; COORDINATING ACTIVITIES. --
(1) ADDITIONAL PARTS. -- The Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.) is amended --
(A) in part D --
(i) by striking "PART D" and inserting "PART F"; "42 USC prec
5715" and
(ii) by redesignating sections 361, 362, 363, 364, and 366 as
sections 381 through 385, "42 USC 5715, 5716, 5731, 5732, 5751"
respectively;
(B) in part C --
(i) by striking "PART C" and inserting "PART E"; 42 USC prec.
5714a" and
(ii) by redesignating sections 341 and 342 "42 USC 5714a,
5714b" as sections 371 and 372, respectively; and
(C) by inserting after part B the following new parts:
"SEC. 331. With funds reserved under section 385(a)(3), "42 USC
5714-11" the Secretary shall make grants for a national communication
system to assist runaway and homeless youth in communicating with their
families and with service providers. The Secretary shall give priority
to grant applicants that have experience in providing telephone services
to runaway and homeless youth.
"SEC. 341. "42 USC 5714-21" With respect to matters relating to the
health, education, employment, and housing of runaway and homeless
youth, the Secretary shall coordinate the activities of agencies of the
Department of Health and Human Services with the activities of other
Federal entities and with the activities of entities that are eligible
to receive grants under this title.
"SEC. 342. "42 USC 5714-22" The Secretary may make grants to
statewide and regional nonprofit organizations (and combinations of such
organizations) to provide technical assistance and training to public
and private entities (and combinations of such entities) that are
eligible to receive grants under this title, for the purpose of carrying
out the programs, projects, or activities for which such grants are
made.
"SEC. 343. "42 USC 5714-23" (a) The Secretary may make grants to
States, localities, and private entities (and combinations of such
entities) to carry out research, demonstration, and service projects
designed to increase knowledge concerning, and to improve services for,
runaway youth and homeless youth.
"(b) In selecting among applications for grants under subsection (a),
the Secretary shall give special consideration to proposed projects
relating to --
"(1) youth who repeatedly leave and remain away from their
homes;
"(2) home-based and street-based services for, and outreach to,
runaway youth and homeless youth;
"(3) transportation of runaway youth and homeless youth in
connection with services authorized to be provided under this
title;
"(4) the special needs of runaway youth and homeless youth
programs in rural areas;
"(5) the special needs of programs that place runaway youth and
homeless youth in host family homes;
"(6) staff training in --
"(A) the behavioral and emotional effects of sexual abuse and
assault;
"(B) responding to youth who are showing effects of sexual
abuse and assault; and
"(C) agency-wide strategies for working with runaway and
homeless youth who have been sexually victimized;
"(7) innovative methods of developing resources that enhance
the establishment or operation of runaway and homeless youth
centers;
"(8) training for runaway youth and homeless youth, and staff
training, related to preventing and obtaining treatment for
infection by the human immunodeficiency virus (HIV);
"(9) increasing access to health care (including mental health
care) for runaway youth and homeless youth; and
"(10) increasing access to education for runaway youth and
homeless youth.
"(c) In selecting among applicants for grants under subsection (a),
the Secretary shall give priority to applicants who have experience
working with runaway youth or homeless youth.
"SEC. 344. (a)(1) With funds appropriated under section 385(c), "42
USC 5714-24" the Secretary may make grants on a competitive basis to
States, localities, and private entities (and combinations of such
entities) to provide services (including transportation) authorized to
be provided under part A, to runaway and homeless youth in rural areas.
"(2)(A) Each grant made under paragraph (1) may not exceed $100,000.
"(B) In each fiscal year for which funds are appropriated to carry
out this section, grants shall be made under paragraph (1) to eligible
applicants to carry out projects in not fewer than 10 States.
"(C) Not more than 2 grants may be made under paragraph (1) in each
fiscal year to carry out projects in a particular State.
"(3) Each eligible applicant that receives a grant for a fiscal year
to carry out a project under this section shall have priority to receive
a grant for the subsequent fiscal year to carry out a project under this
section.
"(b) To be eligible to receive a grant under subsection (a), an
applicant shall --
"(1) submit to the Secretary an application in such form and
containing such information and assurances as the Secretary may
require by rule; and
"(2) propose to carry out such project in a geographical area
that --
"(A) has a population under 20,000;
"(B) is located outside a Standard Metropolitan Statistical
Area; and
"(C) agree to provide to the Secretary an annual report
identifying --
"(i) the number of runaway and homeless youth who receive
services under the project carried out by the applicant;
"(ii) the types of services authorized under part A that were
needed by, but not provided to, such youth in the geographical
area served by the project;
"(iii) the reasons the services identified under clause (ii)
were not provided by the project; and
"(iv) such other information as the Secretary may require.".
(2) TECHNICAL AMENDMENTS. -- (A) Section 313 of the Runaway
and Homeless Youth Act (42 U.S.C. 5712a) is repealed.
(B) Section 314 of the Runaway and Homeless Youth Act (42
U.S.C. 5712b) is repealed.
(C) Section 315 of the Runaway and Homeless Youth Act (42
U.S.C. 5712c) is repealed.
(D) Sections 316 and 317 of the Runaway and Homeless Youth Act
(42 U.S.C. 5713, 5714) are redesignated as sections 313 and 314,
respectively.
(E) Section 365 of the Runaway and Homeless Youth Act (42
U.S.C. 5733) is repealed.
(h) REPORTS. -- Section 361 of the Juvenile Justice and Delinquency
Act of 1974 (42 U.S.C. 5715) is amended to read as follows:
"SEC. 361. "42 USC 5715" (a) Not later than 180 days after the end
of each fiscal year, the Secretary shall submit a report to the
Committee on Education and Labor of the House of Representatives and the
Committee on the Judiciary of the Senate on the status, activities, and
accomplishments of the runaway and homeless youth centers that are
funded under parts A, B, C, D, and E, with particular attention to --
"(1) in the case of centers funded under part A --
"(A) their effectiveness in alleviating the problems of runaway
and homeless youth;
"(B) their ability to reunite children with their families and
to encourage the resolution of intrafamily problems through
counseling and other services;
"(C) their effectiveness in strengthening family relationships
and encouraging stable living conditions for children; and
"(D) their effectiveness in helping youth decide upon a future
course of action; and
"(2) in the case of centers funded under part B --
"(A) the number and characteristic of homeless youth served by
such projects;
"(B) describing the types of activities carried out under such
projects;
"(C) the effectiveness of such projects in alleviating the
immediate problems of homeless youth;
"(D) the effectiveness of such projects in preparing homeless
youth for self-sufficiency;
"(E) the effectiveness of such projects in helping youth decide
upon future education, employment, and independent living;
"(F) the ability of such projects to strengthen family
relationships, and encourage the resolution of intrafamily
problems through counseling and the development of self-sufficient
living skills; and
"(G) plans for the following fiscal year.".
(2) by adding at the end the following:
"(b)(1) The Secretary shall include in the report required by
subsection (a) an evaluation of the results of Federal evaluation of the
programs, projects, and activities carried out under this title and a
description of the training provided to the persons who carry out the
evaluation.
"(2) As part of the evaluation described in paragraph (1), the
Secretary shall require the persons who carry out the evaluation to
visit each grantee on-site not less frequently than every 3 years.".
(i) AUTHORIZATION OF APPROPRIATIONS. -- Section 366 of the Juvenile
Justice and Delinquency Act of 1974 (42 U.S.C. 5751) "42 USC 5751" is
amended --
(1) in subsection (a) --
(A) by amending paragraph (1) to read as follows:
"(1) There are authorized to be appropriated to carry out this title
(other than part B and section 344) $75,000,000 for fiscal year 1993 and
such sums as may be necessary for fiscal years 1994, 1995, and 1996.";
and
(B) by adding at the end the following new paragraphs:
"(3) After making the allocation required by paragraph (2), the
Secretary shall reserve for the purpose of carrying out section 331 --
"(A) for fiscal year 1993 not less than $912,500, of which
$125,000 shall be available for the acquisition of communications
equipment;
"(B) for fiscal year 1994 not less than $826,900;
"(C) for fiscal year 1995 not less than $868,300; and
"(D) for fiscal year 1996 not less than $911,700.
"(4) In the use of funds appropriated under paragraph (1) that are in
excess of $38,000,000 but less than $42,600,000, priority may be given
to awarding enhancement grants to programs (with priority to programs
that receive grants of less than $85,000), for the purpose of allowing
such programs to achieve higher performance standards, including --
"(A) increasing and retaining trained staff;
"(B) strengthening family reunification efforts;
"(C) improving aftercare services;
"(D) fostering better coordination of services with public and
private entities;
"(E) providing comprehensive services, including health and
mental health care, education, prevention and crisis intervention,
and vocational services; and
"(F) improving data collection efforts.
"(5) In the use of funds appropriated under paragraph (1) that are in
excess of $42,599,999 --
"(A) 50 percent may be targeted at developing new programs in
unserved or underserved communities; and
"(B) 50 percent may be targeted at program enhancement
activities described in paragraph (3).";
(2) in subsection (b) by amending paragraph (1) to read as
follows:
"(1) Subject to paragraph (2), there are authorized to be
appropriated to carry out (B) $25,000,000 for fiscal year 1993 and such
sums as may be necessary for fiscal years 1994, 1995, and 1996."
(3) by redesignating subsections (c) and (d) as subsections (d)
and (e), respectively; and
(4) by inserting after subsection (b) the following new
subsection:
"(c) There is authorized to be appropriated to carry out section 344
$1,000,000 for each of fiscal years 1993, 1994, 1995, and 1996.".
SEC. 4. MISSING CHILDREN
Section 407 of the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5777) is amended by striking "fiscal years 1989, 1990,
1991, and 1992" and inserting "fiscal years 1993, 1994, 1995, and 1996".
SEC. 5. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS.
(a) ESTABLISHMENT OF PROGRAM. -- The Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended
by adding at the end the following new title:
"SEC. 501. "42 USC 5601 note" SHORT TITLE.
"This title may be cited as the 'Incentive Grants for Local
Delinquency Prevention Programs Act'.
"SEC. 502. "42 USC 5781" FINDINGS.
"The Congress finds that --
"(1) approximately 700,000 youth enter the juvenile justice
system every year;
"(2) Federal, State, and local governments spend close to
$2,000,000,000 a year confining many of those youth;
"(3) it is more effective in both human and fiscal terms to
prevent delinquency than to attempt to control or change it after
the fact;
"(4) half or more of all States are unable to spend any
juvenile justice formula grant funds on delinquency prevention
because of other priorities;
"(5) few Federal resources are dedicated to delinquency
prevention; and
"(6) Federal incentives are needed to assist States and local
communities in mobilizing delinquency prevention policies and
programs.
"SEC. 503. "42 USC 5782" DEFINITION.
"In this title, the term 'State advisory group' means the advisory
group appointed by the chief executive officer of a State under a plan
described in section 223(a).
"SEC. 504. "42 USC 5783" DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.
"The Administrator shall --
"(1) issue such rules as are necessary or appropriate to carry
out this title;
"(2) make such arrangements as are necessary and appropriate to
facilitate coordination and policy development among all
activities funded through the Department of Justice relating to
delinquency prevention (including the preparation of an annual
comprehensive plan for facilitating such coordination and policy
development);
"(3) provide adequate staff and resources necessary to properly
carry out this title; and
"(4) not later than 180 days after the end of each fiscal year,
submit a report to the Chairman of the Committee on Education and
Labor of the House of Representatives and the Chairman of the
Committee on the Judiciary of the Senate --
"(A) describing activities and accomplishments of grant
activities funded under this title;
"(B) describing procedures followed to disseminate grant
activity products and research findings;
"(C) describing activities conducted to develop policy and to
coordinate Federal agency and interagency efforts related to
delinquency prevention; and
"(D) identifying successful approaches and making
recommendations for future activities to be conducted under this
title.
"SEC. 505. "42 USC 5784" GRANTS FOR PREVENTION PROGRAMS.
"(a) PURPOSES. -- The Administrator may make grants to a State, to
be transmitted through the State advisory group to units of general
local government that meet the requirements of subsection (b), for
delinquency prevention programs and activities for youth who have had
contact with the juvenile justice system or who are likely to have
contact with the juvenile justice system, including the provision to
children, youth, and families of --
"(1) recreation services;
"(2) tutoring and remedial education;
"(3) assistance in the development of work awareness skills;
"(4) child and adolescent health and mental health services;
"(5) alcohol and substance abuse prevention services;
"(6) leadership development activities; and
"(7) the teaching that people are and should be held
accountable for their actions.
"(b) ELIGIBILITY. -- The requirements of this subsection are met
with respect to a unit of general local government if --
"(1) the unit is in compliance with the requirements of part B
of title II;
"(2) the unit has submitted to the State advisory group a
3-year plan outlining the unit's local front end plans for
investment for delinquency prevention and early intervention
activities;
"(3) the unit has included in its application to the
Administrator for formula grant funds a summary of the 3-year plan
described in paragraph (2);
"(4) pursuant to its 3-year plan, the unit has appointed a
local policy board of no fewer than 15 and no more than 21 members
with balanced representation of public agencies and private,
nonprofit organizations serving children, youth, and families and
business and industry;
"(5) the unit has, in order to aid in the prevention of
delinquency, included in its application a plan for the
coordination of services to at-risk youth and their families,
including such programs as nutrition, energy assistance, and
housing;
"(6) the local policy board is empowered to make all
recommendations for distribution of funds and evaluation of
activities funded under this title; and
"(7) the unit or State has agreed to provide a 50 percent match
of the amount of the grant, including the value of in-kind
contributions, to fund the activity.
"(c) PRIORITY. -- In considering grant applications under this
section, the Administrator shall give priority to applicants that
demonstrate ability in -
"(1) plans for service and agency coordination and
collaboration including the colocation of services;
"(2) innovative ways to involve the private nonprofit and
business sector in delinquency prevention activities; and
"(3) developing or enhancing a statewide subsidy program to
local governments that is dedicated to early intervention and
delinquency prevention.
"SEC. 506. "42 USC 5785" AUTHORIZATION OF APPROPRIATIONS.
"To carry out this title, there are authorized to be appropriated
$30,000,000 for fiscal year 1993 and such sums as are necessary for
fiscal years 1994, 1995, and 1996.".
(b) STUDY. -- After the program established by subsection (a) "42
USC 5781 note" has been funded for two years, the General Accounting
Office shall prepare and submit to Congress a study of the effects of
the program in encouraging States and units of general local government
to comply with the requirements of part B of title II.
SEC. 6. CHILDREN'S ADVOCACY PROGRAM.
(a) FINDINGS. -- Section 211 of the Victims of Child Abuse Act of
1990 (42 U.S.C. 13001) is amended --
(1) by redesignating paragraphs (3), (4), and (5) as paragraphs
(4), (6), and (7), respectively;
(2) by inserting after paragraph (2) the following new
paragraph:
"(3) traditionally, community agencies and professionals have
different roles in the prevention, investigation, and intervention
process;" and
(3) by inserting after paragraph (4), as redesignated by
paragraph (1), the following new paragraph:
"(5) there is a national need to enhance coordination among
community agencies and professionals involved in the intervention
system;".
(b) REGIONAL CHILDREN'S ADVOCACY PROGRAM. -- Subtitle A of the
Victims of Child Abuse Act (42 U.S.C. 13001 et seq.) is amended --
(1) by redesignating sections 212, 213, and 214 "42 USC
13002-13004" as sections 214, 214A, and 214B, respectively; and
(2) by inserting after section 211 the following new sections:
"SEC. 212. "42 USC 13001a" DEFINITIONS.
"For purposes of this subtitle --
"(1) the term 'Administrator' means the agency head designated
under section 201(b) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5611(b));
"(2) the term 'applicant' means a child protective service, law
enforcement, legal, medical and mental health agency or other
agency that responds to child abuse cases;
"(3) the term 'board' means the Children's Advocacy Advisory
Board established under section 213(e);
"(4) the term 'census region' means 1 of the 4 census regions
(northeast, south, midwest, and west) that are designated as
census regions by the Bureau of the Census as of the date of
enactment of this section;
"(5) the term 'child abuse' means physical or sexual abuse or
neglect of a child;
"(6) the term 'Director' means the Director of the National
Center on Child Abuse and Neglect;
"(7) the term 'multidisciplinary response to child abuse' means
a response to child abuse that is based on mutually agreed upon
procedures among the community agencies and professionals involved
in the intervention, prevention, prosecution, and investigation
systems that best meets the needs of child victims and their
nonoffending family members;
"(8) the term 'nonoffending family member' means a member of
the family of a victim of child abuse other than a member who has
been convicted or accused of committing an act of child abuse;
and
"(9) the term 'regional children's advocacy program' means the
children's advocacy program established under section 213(a).
"SEC. 213. "42 USC 13001b" REGIONAL CHILDREN'S ADVOCACY CENTERS.
"(a) ESTABLISHMENT OF REGIONAL CHILDREN'S ADVOCACY PROGRAM. -- The
Administrator, in coordination with the Director and with the Director
of the Office of Victims of Crime, shall establish a children's advocacy
program to --
"(1) focus attention on child victims by assiting communities
in developing child-focused, community-oriented, facility-based
programs designed to improve the resources available to children
and families;
"(2) provide support for nonoffending family members;
"(3) enhance coordination among community agencies and
professionals involved in the intervention, prevention,
prosecution, and investigation systems that respond to child abuse
cases; and
"(4) train physicians and other health care and mental health
care professionals in the multidisciplinary approach to child
abuse so that trained medical personnel will be available to
provide medical support to community agencies and professionals
involved in the intervention, prevention, prosecution, and
investigation systems that respond to child abuse cases.
"(b) ACTIVITIES OF THE REGIONAL CHILDREN'S ADVOCACY PROGRAM. --
"(1) ADMINISTRATOR. -- The Administrator, in coordination with
the Director, shall --
"(A) establish regional children's advocacy program centers;
"(B) fund existing regional centers with expertise in the
prevention, judicial handling, and treatment of child abuse and
neglect; and
"(C) fund the establishment of freestanding facilities in
multidisciplinary programs within communities that have yet to
establish such facilities,
for the purpose of enabling grant recipients to provide
information, services, and technical assistance to aid communities
in establishing multidisciplinary programs that respond to child
abuse.
"(2) GRANT RECIPIENTS. -- A grant recipient under this section
shall --
"(A) assist communities --
"(i) in developing a comprehensive, multidisciplinary response
to child abuse that is designed to meet the needs of child victims
and their families;
"(ii) in establishing a freestanding facility where interviews
of and services for abused children can be provided;
"(iii) in preventing or reducing trauma to children caused by
multiple contacts with community professionals;
"(iv) in providing families with needed services and assisting
them in regaining maximum functioning;
"(v) in maintaining open communication and case coordination
among community professionals and agencies involved in child
protection efforts;
"(vi) in coordinating and tracking investigative, preventive,
prosecutorial, and treatment efforts;
"(vii) in obtaining information useful for criminal and civil
proceedings;
"(viii) in holding offenders accountable through improved
prosecution of child abuse cases;
"(ix) in enhancing professional skills necessary to effectively
respond to cases of child abuse through training; and
"(x) in enhancing community understanding of child abuse; and
"(B) provide training and technical assistance to local
children's advocacy centers in its census region that are grant
recipients under section 214.
"(c) OPERATION OF THE REGIONAL CHILDREN'S ADVOCACY PROGRAM. --
"(1) SOLICITATION OF PROPOSALS. -- Not later than 1 year after
the date of enactment of this section, the Administrator shall
solicit proposals for assistance under this section.
"(2) MINIMUM QUALIFICATIONS. -- In order for a proposal to be
selected, the Administrator may require an applicant to have in
existence, at the time the proposal is submitted, 1 or more of the
following:
"(A) A proven record in conducting activities of the kinds
described in subsection (c).
"(B) A facility where children who are victims of sexual or
physical abuse and their nonoffending family members can go for
the purpose of evaluation, intervention, evidence gathering, and
counseling.
"(C) Multidisciplinary staff experienced in providing remedial
counseling to children and families.
"(D) Experience in serving as a center for training and
education and as a resource facility.
"(E) National expertise in providing technical assistance to
communities with respect to the judicial handling of child abuse
and neglect.
"(3) PROPOSAL REQUIREMENTS. --
"(A) IN GENERAL. -- A proposal submitted in response to the
solicitation under paragraph (1) shall --
"(i) include a single or multiyear management plan that
outlines how the applicant will provide information, services, and
technical assistance to communities so that communities can
establish multidisciplinary programs that respond to child abuse;
"(ii) demonstrate the ability of the applicant to operate
successfully a multidisciplinary child abuse program or provide
training to allow others to do so; and
"(iii) state the annual cost of the proposal and a breakdown of
those costs.
"(B) CONTENT OF MANAGEMENT PLAN. -- A management plan
described in paragraph (3)(A) shall --
"(i) outline the basic activities expected to be performed;
"(ii) describe the entities that will conduct the basic
activities;
"(iii) establish the period of time over which the basic
activities will take place; and
"(iv) define the overall program management and direction by --
"(I) identifying managerial, organizational, and administrative
procedures and responsibilities;
"(II) demonstrating how implementation and monitoring of the
progress of the children's advocacy program after receipt of
funding will be achieved; and
"(III) providing sufficient rationale to support the costs of
the plan.
"(4) SELECTION OF PROPOSALS. --
"(A) COMPETITIVE BASIS. -- Proposals shall be selected under
this section on a competitive basis.
"(B) CRITERIA. -- The Administrator, in coordination with the
Director, shall select proposals for funding that --
"(i) best result in developing and establishing
multidisciplinary programs that respond to child abuse by
assisting, training, and teaching community agencies and
professionals called upon to respond to child abuse cases;
"(ii) assist in resolving problems that may occur during the
development, operation, and implementation of a multidisciplinary
program that resonds to child abuse; and
"(iii) carry out the objectives developed by the Board under
subsection (e)(2)(A);
"(C) to the greatest extent possible and subject to available
appropriations, ensure that at least 1 applicant is selected from
each of the 4 census regions of the country; and
"(D) otherwise best carry out the purposes of this section.
"(5) FUNDING OF PROGRAM. -- From amounts made available in
separate appropriation Acts, the Administrator shall provide to
each grant recipient the financial and technical assistance and
other incentives that are necessary and appropriate to carry out
this section.
"(6) COORDINATION OF EFFORT. -- In order to carry out
activities that are in the best interests of abused and neglected
children, a grant recipient shall consult with other grant
recipients on a regular basis to exchange ideas, share
information, and review children's advocacy program activities.
"(d) REVIEW. --
"(1) EVALUATION OF REGIONAL CHILDREN'S ADVOCACY PROGRAM
ACTIVITIES. -- The Administrator, in coordination with the
Director, shall regularly monitor and evaluate the activities of
grant recipients and shall determine whether each grant recipient
has complied with the original proposal and any modifications.
"(2) ANNUAL REPORT. -- A grant recipient shall provide an
annual report to the Administrator and the Director that --
"(A) describes the progress made in satisfying the purpose of
the children's advocacy program; and
"(B) states whether changes are needed and are being made to
carry out the purpose of the children's advocacy program.
"(3) DISCONTINUATION OF FUNDING. --
"(A) FAILURE TO IMPLEMENT PROGRAM ACTIVITIES. -- If a grant
recipient under this section substantially fails in the
implementation of the program activities, the Administrator shall
not discontinue funding until reasonable notice and an opportunity
for reconsideration is given.
"(B) SOLICITATION OF NEW PROPOSALS. -- Upon discontinuation of
funding of a grant recipient under this section, the Administrator
shall solicit new proposals in accordance with subsection (c).
"(e) CHILDREN'S ADVOCACY ADVISORY BOARD. --
"(1) ESTABLISHMENT OF BOARD. --
"(A) IN GENERAL. -- Not later than 120 days after the date of
enactment of this section, the Administrator and the Director,
after consulting with representatives of community agencies that
respond to child abuse cases, shall establish a children's
advocacy advisory board to provide guidance and oversight in
implementing the selection criteria and operation of the regional
children's advocacy program.
"(B) MEMBERSHIP. -- (i) The board --
"(I) shall be composed of 12 members who are selected by the
Administrator, in coordination with the Director, a majority of
whom shall be individuals experienced in the child abuse
investigation, prosecution, prevention, and intervention systems;
"(II) shall include at least 1 member from each of the 4 census
regions; and
"(III) shall have members appointed for a term not to exceed 3
years.
"(ii) Members of the Board may be reappointed for successive
terms.
"(2) REVIEW AND RECOMMENDATIONS. --
"(A) OBJECTIVES. -- Not later than 180 days after the date of
enactment of this section and annually thereafter, the Board shall
develop and submit to the Administrator and the Director
objectives for the implementation of the children's advocacy
program activities described in subsection (b).
"(B) REVIEW. -- The board shall annually --
"(i) review the solicitation and selection of children's
advocacy program proposals and make recommendations concerning how
each such activity can be altered so as to better achieve the
purposes of this section; and
"(ii) review the program activities and management plan of each
grant recipient and report its findings and recommendations to the
Administrator and the Director.
"(3) RULES AND REGULATIONS. -- The Board shall promulgate such
rules and regulations as it deems necessary to carry out its
duties under this section.
"(f) REPORTING. -- The Attorney General and the Secretary of Health
and Human Services shall submit to Congress, by March 1 of each year, a
detailed review of the progress of the regional children's advocacy
program activities.".
(c) LOCAL CHILDREN'S ADVOCACY PROGRAM. -- Section 214 of the Victims
of Child Abuse Act of 1990 (42 U.S.C. 13002), as redesignated by
subsection (b)(1), is amended --
(1) by amending the heading to read as follows:
"SEC. 214. LOCAL CHILDREN'S ADVOCACY CENTERS.";
(2) in subsection (a) by striking "The Director of the Office
of Victims of Crime (hereinafter in this subtitle referred to as
the 'Director'), in consultation with officials of the Department
of Health and Human Services," and inserting "The Administrator,
in coordination with the Director and with the Director of the
Office of Victims of Crime,";
(3) in subsection (b)(2)(B) by inserting "and nonoffending
family members" after "neglect"; and
(4) by adding at the end the following new subsection:
"(d) CONSULTATION WITH REGIONAL CHILDREN'S ADVOCACY CENTERS. -- A
grant recipient under this section shall consult from time to time with
regional children's advocacy centers in its census region that are grant
recipients under section 213.".
(d) SPECIALIZED TECHNICAL ASSISTANCE AND TRAINING PROGRAMS. --
Section 214A of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13003), as redesignated by subsection (b)(1), is amended in subsections
(a) and (c)(1) by striking "Director" and inserting "Administrator".
(e) AUTHORIZATION OF APPROPRIATIONS. -- Section 214B of the Victims
of Child Abuse Act of 1990 (42 U.S.C. 13004), as redesignated by
subsection (b)(1), is amended to read as follows:
"SEC. 214B. AUTHORIZATION OF APPROPRIATIONS.
"(a) SECTIONS 213 AND 214. -- There are authorized to be
appropriated to carry out sections 213 and 214 --
"(1) $15,000,000 for fiscal year 1993; and
"(2) such sums as are necessary for fiscal years 1994, 1995,
and 1996.
"(b) SECTION 214A. -- There are authorized to be appropriated to
carry out section 214A --
"(1) $5,000,000 for fiscal year 1993; and
"(2) such sums as are necessary for fiscal years 1994, 1995,
and 1996.".
SEC. 7. HEAD START TRAINING IMPROVEMENT.
(a) PURPOSE. -- It is the purpose of this section "42 USC 9843 note"
--
(1) to promote continued access for Head Start and other early
childhood staff to the Child Development Associate credential;
(2) to increase the ability of Head Start staff to address the
problems facing Head Start families;
(3) to create a systematic approach to training, thereby
improving the quality of Head Start instruction and using training
funds more efficiently and effectively; and
(4) to allow the use of training funds for creative approaches
to learning for children.
(b) TECHNICAL ASSISTANCE, TRAINING, AND STAFF QUALIFICATIONS. --
Section 648 of the Head Start Act (42 U.S.C. 9843) is amended --
(1) in subsection (a) by striking "(2) training" and all that
follows through the end of the subsection and inserting "(2)
training for specialized or other personnel needed in connection
with Head Start programs, including funds from programs authorized
under this subchapter to support an organization to administer a
centralized child development and national assessment program
leading to recognized credentials for personnel working in early
childhood development and child care programs, training for
personnel providing services to non-English language background
children, training for personnel in helping children cope with
community violence, and resource access projects for personnel
working with disabled children."; and
(2) by adding at the end the following new subsections:
"(c) The Secretary shall --
"(1) develop a systematic approach to training Head Start
personnel, including --
"(A) specific goals and objectives for program improvement and
continuing professional development;
"(B) a process for continuing input from the Head Start
community; and
"(C) a strategy for delivering training and technical
assistance; and
"(2) report on the approach developed under paragraph (1) to
the Committee on Labor and Human Resources of the Senate and the
Committee on Education and Labor of the House of Representatives.
"(d) The Secretary may provide, either directly or through grants to
public or private nonprofit entities, training for Head Start personnel
in the use of the performing and visual arts and interactive programs
using electronic media to enhance the learning experience of Head Start
children.".
SEC. 8. AMENDMENTS TO CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT.
(a) SPENDING OF FUNDS BY STATES. -- Section 658J(c) of the Child
Care and Development Block Grant Act Amendments of 1992 (42 U.S.C.
9858h(c)) is amended --
(1) by striking "obligated" and inserting "expended"; and
(2) by striking "succeeding fiscal year" and inserting
"succeeding 3 fiscal years".
(b) PAYMENTS EXCLUDED FROM INCOME. -- The Child Care and Development
Block Grant Act Amendments of 1992 (42 U.S.C. 9858a et seq.) is amended
by adding at the end the following new section:
"SEC. 658S. "42 USC 9858q" MISCELLANEOUS PROVISIONS.
"Notwithstanding any other law, the value of any child care provided
or arranged (or any amount received as payment for such care or
reimbursement for costs incurred for such care) under this subchapter
shall not be treated as income for purposes of any other Federal or
Federally-assisted program that bases eligibility, or the amount of
benefits, on need.".
(c) TECHNICAL AMENDMENTS. --
(1) CORRECTION IN CITATION. -- Section 5082 of the Omnibus
Budget Reconciliation Act of 1990 (Public Law 101-508) "42 USC
prec. 9858" is amended by striking "title IV" and inserting "title
VI".
(2) DEFINITIONS. -- Section 658P of the Child Care and
Development Block Grant Act Amendments of 1992 (42 U.S.C. 9858n)
is amended --
(A) in paragraph (7), by striking "4(b)" and inserting "4(e)";
and
(B) in paragraph (14), by striking "4(c)" and inserting "4(l)".
(d) EFFECTIVE DATE. --
(1) IN GENERAL. -- Except as provided in paragraph (2), "42
USC 9858h note" the amendments made by this section shall take
effect on the date of enactment of this Act.
(2) APPLICATION. -- The amendments made by this section shall
not apply with respect to fiscal years beginning before October 1,
1992.
SEC. 9. AMENDMENT TO THE CHILD ABUSE PREVENTION AND TREATMENT ACT.
(a) FINDINGS. "42 USC 5106a note" -- The Congress finds that --
(1) circumstances surrounding the death of a young boy named
Adam Mann in New York City prompted a shocking documentary
focusing on the inability of child protection services to protect
suffering children;
(2) the documentary described in paragraph (1) showed the
serious need for systemic changes in our child welfare protection
system;
(3) thorough, coordinated, and comprehensive investiagation
will, it is hoped, lead to the prevention of abuse, neglect, or
death in the future;
(4) an undue burden is placed on investigation due to strict
Federal and State laws and regulations regarding confidentiality;
(5) while the Congress recognizes the importance of maintaining
the confidentiality of records pertaining to child abuse, neglect,
and death, often the purpose of confidentiality laws and
regulations are defeated when they have the effect of protecting
those responsible;
(6) comprehensive and coordinated interagency communication
needs to be established, with adequate provisions to protect
against the public disclosure of any detrimental information need
to be established;
(7) certain States, including Georgia, North Carolina,
California, Missouri, Arizona, Minnesota, Oklahoma, and Oregon,
have taken steps to establish by statute interagency,
multidisciplinary fatality review teams to fully investigate
incidents of death believed to be caused by child abuse or
neglect;
(8) teams such as those described in paragraph (7) should be
established in every State, and their scope of review should be
expanded to include egregious incidents of child abuse and neglect
before the child in question dies; and
(9) teams such as those described in paragraph (7) will
increase the accountability of child protection services.
(b) MODIFICATION OF CONFIDENTIALITY PROVISION REGARDING STATE GRANTS
UNDER CHILD ABUSE PREVENTION AND TREATMENT ACT. -- Section 107(b)(4) of
the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106A(b)(4)) "42
USC 5106a" is amended to read as follows:
"(4) provide for --
"(A) methods to preserve the confidentiality of all records in
order to protect the rights of the child and of the child's
parents or guardians, including methods to ensure that disclosure
(and redisclosure) of information concerning child abuse or
neglect involving specific individuals is made only to persons or
entities that the State determines have a need for such
information directly related to purposes of this Act; and
"(B) requirements for the prompt disclosure of all relevant
information to any Federal, State, or local governmental entity,
or any agent of such entity, with a need for such information in
order to carry out its responsibilities under law to protect
children from abuse and neglect;".
(c) SENSE OF THE CONGRESS. -- It is the sense of the Congress that
each State should review and reform of the system in the State for
protecting against child abuse and neglect, including implementing
formal interagency, multidisciplinary teams --
(1) to review --
(A) all cases of child death in which the child was previously
known by the State to have been abused or neglected; and
(B) incidents of child abuse before a child dies when there is
evidence of negligent handling by the State,
in order to hold the State accountable; and
(2) to make recommendations regarding the outcomes of
individual cases and systemic changes in the State's procedures
for protecting against child abuse and neglect.
Approved November 4, 1992.
LEGISLATIVE HISTORY -- H.R. 5194 (S. 2792):
HOUSE REPORTS: No. 102-756 (Comm. on Education and Labor).
SENATE REPORTS: No. 102-393 accompanying S. 2792 (Comm. on the
Judiciary).
CONGRESSIONAL RECORD, Vol. 138 (1992): Aug. 3, considered and passed
House. Sept. 25, considered and passed Senate, amended, in lieu of S.
2792. Oct. 2, House concurred in Senate amendment with an amendment.
Oct. 7, Senate concurred in House amendment.
Public Law 102-585, 106 Stat. 4943
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "38 USC 101 note" SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE. -- This Act may be cited as the "Veterans Health
Care Act of 1992".
(b) TABLE OF CONTENTS. -- The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
Sec. 101. Short title.
Sec. 102. Sexual trauma counseling.
Sec. 103. Priority for outpatient care for sexual trauma counseling.
Sec. 104. Commencement of provision of information on services.
Sec. 105. Report on implementation of sexual trauma counseling
program.
Sec. 106. Health care services for women.
Sec. 107. Report on health care and research.
Sec. 108. Coordination of services.
Sec. 109. Research relating to women veterans health.
Sec. 110. Population study of women veterans.
Sec. 201. Temporary expansion of authority for sharing agreements.
Sec. 202. Requirement for improvement in services for veterans.
Sec. 203. Expanded sharing agreements with Department of Defense.
Sec. 204. Expiration of authority.
Sec. 205. Consultation with veterans service organizations.
Sec. 206. Annual report.
Sec. 301. Revision to nurse pay grade schedule.
Sec. 302. Authority to establish special rates of pay for employees
of facilities located outside the contiguous United States, Alaska, and
Hawaii.
Sec. 303. Salary data for nurse anesthetists.
Sec. 304. Rates of pay for transferring nurses.
Sec. 305. Nursing personnel qualification standards.
Sec. 306. Report on pay for chief nurse position.
Sec. 307. Report on pay compression.
Sec. 308. Effective date.
Sec. 401. Treatment of earnings of veterans under certain
rehabilitative services programs.
Sec. 402. Permanent authority to make grants to States relating to
State homes.
Sec. 403. Extension of period for completion of conditionally
approved applications for construction.
Sec. 404. Limited prohibition on obligation of funds for rescinded
projects.
Sec. 405. Commencement date for recapture period.
Sec. 406. Commencement date for payment of per diem.
Sec. 501. Contract hospital care for veterans with permanent and
total service-connected disabilities.
Sec. 502. Permanent authority for respite care program.
Sec. 503. Extension of authority to contract with the Veterans
Memorial Medical Center, Republic of the Philippines.
Sec. 511. National Center for Preventive Health.
Sec. 512. Annual report on preventive health services.
Sec. 513. Preventive health services.
Sec. 514. Repeal of pilot program.
Sec. 521. Geriatric research, education, and clinical centers.
Sec. 522. Extension of authority to waive certain limitations
applicable to receipt of retirement pay by nurses.
Sec. 523. Health professionals education programs.
Sec. 524. Real property at Temple Junior College, Temple, Texas.
Sec. 525. Demonstration project to evaluate installation of
telephones for patient use at Department health-care facilities.
Sec. 526. Use of Tobacco Products in Department Facilities.
Sec. 601. Treatment of prescription drugs procured by Department of
Veterans Affairs or purchased by certain clinics and hospitals.
Sec. 602. Limitations on prices of drugs purchased by certain
clinics and hospitals.
Sec. 603. Limitation on prices of drugs procured by Department of
Veterans Affairs and certain other Federal agencies.
Sec. 701. Short title.
Sec. 702. Persian Gulf War Veterans Health Registry.
Sec. 703. Health examinations and counseling for veterans eligible
for inclusion in certain health-related registries.
Sec. 704. Expansion of coverage of Persian Gulf Registry.
Sec. 705. Study by Office of Technology Assessment of Persian Gulf
Registry and Persian Gulf War Veterans Health Registry.
Sec. 706. Agreement with National Academy of Sciences for review of
health consequences of service during the Persian Gulf War.
Sec. 707. Coordination of government activities on health-related
research on the Persian Gulf War.
Sec. 708. Definition.
Sec. 801. Disciplinary procedures for judges of Court of Veterans
Appeals.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to or repeal
of a section or other provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.
SEC. 101. "38 USC 101 note" SHORT TITLE.
This title may be cited as the "Women Veterans Health Programs Act of
1992".
SEC. 102. SEXUAL TRAUMA COUNSELING.
(a) IN GENERAL. -- (1) Chapter 17 of title 38, United States Code,
is amended by adding at the end of subchapter II the following new
section:
"Section 1720D. Counseling to women veterans for sexual trauma.
"(a)(1) During the period through December 31, 1995, the Secretary
may provide counseling to a woman veteran who the Secretary determines
requires such counseling to overcome psychological trauma, which in the
judgment of a mental health professional employed by the Department,
resulted from a physical assault of a sexual nature, battery of a sexual
nature, or sexual harassment which occurred while the veteran was
serving on active duty.
"(2) To be eligible to receive counseling under this subsection, a
veteran must seek such counseling from the Secretary within two years
after the date of the veteran's discharge or release from active
military, naval, or air service.
"(3) In furnishing counseling to a veteran under this subsection, the
Secretary may, during the period through December 31, 1994, provide such
counseling pursuant to a contract with a qualified mental health
professional if (A) in the judgment of a mental health professional
employed by the Department, the receipt of counseling by that veteran in
facilities of the Department would be clinically inadvisable, or (B)
Department facilities are not capable of furnishing such counseling to
that veteran economically because of geographical inaccessibility.
"(b) In providing services to a veteran under subsection (a), the
period for which counseling is provided may not exceed one year from the
date of the commencement of the furnishing of such counseling to the
veteran. However, the Secretary may authorize a longer period in any
case if, in the judgment of the Secretary, a longer period of counseling
is required.
"(c)(1) The Secretary shall give priority to the establishment and
operation of the program to provide counseling under subsection (a). In
the case of a veteran eligible for such counseling who requires other
care or services under this chapter for trauma described in subsection
(a)(1), the Secretary shall ensure that the veteran is furnished
counseling under this section in a way that is coordinated with the
furnishing of such other care and services under this chapter.
"(2) In establishing a program to provide counseling under subsection
(a), the Secretary shall --
"(A) provide for appropriate training of mental health
professionals and such other health care personnel as the
Secretary determines necessary to carry out the program
effectively;
"(B) seek to ensure that such counseling is furnished in a
setting that is therapeutically appropriate, taking into account
the circumstances that resulted in the need for such counseling;
and
"(C) provide referral services to assist women veterans who are
not eligible for services under this chapter to obtain those from
sources outside the Department.
"(d) The Secretary shall provide information on the counseling
available to women veterans under this section. Efforts by the
Secretary to provide such information --
"(1) may include establishment of an information system
involving the use of a toll-free telephone number (commonly
referred to as an 800 number), and
"(2) shall include coordination with the Secretary of Defense
seeking to ensure that women who are being separated from active
military, naval, or air service are provided appropriate
information about programs, requirements, and procedures for
applying for counseling under this section.
"(e) In this section, the term 'sexual harassment' means repeated,
unsolicited verbal or physical contact of a sexual nature which is
threatening in character.".
(2) The table of sections at the beginning of chapter 17 is amended
by inserting after the item relating to section 1720C the following new
item:
"1720D. Counseling to women veterans for sexual trauma.".
(b) TRANSITION PROVISION. -- In the case of a veteran who was
discharged or released from active military, naval, or air service
before December 31, 1991, the two-year period specified in section
1720D(a)(2) of title 38, United States Code, "38 USC 1720D note" as
added by subsection (a), shall be treated as ending on December 31,
1993.
SEC. 103. PRIORITY FOR OUTPATIENT CARE FOR SEXUAL TRAUMA COUNSELING.
Section 1712(i)(2) is amended --
(1) by striking out "or (B)" and inserting in lieu thereof ",
(B)"; and
(2) by inserting before the period at the end thereof the
following: ", or (C) who is eligible for counseling under section
1720D of this title, for the purposes of such counseling".
SEC. 104. "38 USC 1720D note" COMMENCEMENT OF PROVISION OF
INFORMATION ON SERVICES.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall commence the provision of
information on the counseling relating to sexual trauma that is
available to women veterans under section 1720D of title 38, United
States Code (as added by section 102) in accordance with the provisions
of subsection (d) of that section.
SEC. 105. "38 USC 1720D note" REPORT ON IMPLEMENTATION OF SEXUAL
TRAUMA COUNSELING PROGRAM.
Not later than March 31, 1994, the Secretary of Veterans Affairs
shall submit to the Committees on Veterans' Affairs of the Senate and
House of Representatives a comprehensive report on the Secretary's
actions under section 1720D of title 38, United States Code (as added by
section 102), and on the use made of the authority provided under that
section. The report shall include the following:
(1) The numbers of veterans who have received counseling under
such section, shown by reference to the facility that provided
that counseling and including the use made of the contract
authority under such section.
(2) The number of veterans who received care or services under
chapter 17 of title 38, United States Code, under the
circumstances described in subsection (c)(1) of such section and
the numbers referred to sources outside the Department, shown by
reference to the facility that provided those services or made
those referrals.
(3) A listing and description of the specific training programs
which the Secretary has instituted to ensure that the counseling
program established under such section is carried out effectively.
(4) A description of the specific efforts taken by the
Secretary to ensure that the counseling furnished by the Secretary
under such section is furnished in settings that are
therapeutically appropriate, taking into account the circumstances
that resulted in the need for such counseling.
SEC. 106. "38 USC 1710 note" HEALTH CARE SERVICES FOR WOMEN.
(a) GENERAL AUTHORITY. -- In furnishing hospital care and medical
services under chapter 17 of title 38, United States Code, the Secretary
of Veterans Affairs may provide to women the following health care
services:
(1) Papanicolaou tests (pap smears).
(2) Breast examinations and mammography.
(3) General reproductive health care, including the management
of menopause, but not including under this section infertility
services, abortions, or pregnancy care (including prenatal and
delivery care), except for such care relating to a pregnancy that
is complicated or in which the risks of complication are increased
by a service-connected condition.
(b) RESPONSIBILITIES OF DIRECTORS OF FACILITIES. -- The Secretary
shall ensure that directors of medical facilities of the Department
identify and assess opportunities under the authority provided in title
II of this Act to (1) expand the availability of, and access to, health
care services for women veterans under sections 1710 and 1712 of title
38, United States Code, and (2) provide counseling, care, and services
authorized by this title.
SEC. 107. "38 USC 1710 note" REPORT ON HEALTH CARE AND RESEARCH.
(a) IN GENERAL. -- Not later than January 1, 1993, January 1, 1994,
and January 1, 1995, the Secretary of Veterans Affairs shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the provision of health care services and
the conduct of research carried out by, or under the jurisdiction of,
the Secretary relating to women veterans.
(b) CONTENTS. -- The report under subsection (a) shall include the
following information with respect to the most recent fiscal year before
the date of the report:
(1) The number of women veterans who have received services
described in section 106 of this Act in facilities under the
jurisdiction of the Secretary (or the Secretary of Defense), shown
by reference to the Department facility which provided (or, in the
case of Department of Defense facilities, arranged) those
services;
(2) A description of (A) the services provided at each such
facility, and (B) the extent to which each such facility relies on
contractual arrangements under section 1703 or 8153 of title 38,
United States Code, to furnish care to women veterans in
facilities which are not under the jurisdiction of the Secretary
where the provision of such care is not furnished in a medical
emergency.
(3) The steps taken by each such facility to expand the
provision of services at such facility (or under arrangements with
a Department of Defense facility) to women veterans.
(4) A description (as of October 1 of the year preceding the
year in which the report is submitted) of the status of any
research relating to women veterans being carried out by or under
the jurisdiction of the Secretary, including research under
section 109 of this Act.
SEC. 108. "38 USC 1710 note" COORDINATION OF SERVICES.
The Secretary of Veterans Affairs shall ensure that an official in
each regional office of the Veterans Health Administration shall serve
as a coordinator of women's services. The responsibilities of such
official shall include the following:
(1) Conducting periodic assessments of the needs for services
of women veterans within such region.
(2) Planning to meet such needs.
(3) Assisting in carrying out the purposes of section 106(b) of
this title.
(4) Coordinating the training of women veterans coordinators
who are assigned to Department facilities in the region under the
jurisdiction of such regional coordinator.
(5) Providing appropriate technical support and guidance to
Department facilities in that region with respect to outreach
activities to women veterans.
SEC. 109. "38 USC 7303 note" RESEARCH RELATING TO WOMEN VETERANS
HEALTH.
(a) INITIATION AND EXPANSION OF RESEARCH. -- The Secretary of
Veterans Affairs, in carrying out the Secretary's responsibilities under
section 7303 of title 38, United States Code, shall foster and encourage
the initiation and expansion of research relating to the health of
veterans who are women.
(b) AUTHORIZATION OF APPROPRIATIONS. -- (1) Funds are authorized to
be appropriated to the Secretary to initiate new studies in accordance
with subsection (a) as follows:
(A) For fiscal year 1993, $1,500,000.
(B) For fiscal year 1994, $2,000,000.
(C) For fiscal year 1995, $2,500,000.
(2) Amounts appropriated pursuant to the authorization of
appropriations in paragraph (1) are in addition to other funds
appropriated or otherwise made available to the Department of Veterans
Affairs for research.
SEC. 110. "38 USC 1710 note" POPULATION STUDY OF WOMEN VETERANS.
(a) STUDY. -- (1) The Secretary, subject to subsection (d), shall
conduct a study to determine the needs of veterans who are women for
health-care services. The study shall be based on an appropriate sample
of veterans who are women.
(2) Before carrying out the study, the Secretary shall request the
advice of the Advisory Committee on Women Veterans on the conduct of the
study.
(3) In carrying out the study, the Secretary shall include in the
sample veterans who are women and members of the Armed Forces serving on
active duty who are women.
(b) REPORTS. -- The Secretary shall submit to the Committees on
Veterans Affairs of the Senate and House of Representatives reports
relating to the study as follows:
(1) Not later than 9 months after the date of the enactment of
this Act, an interim report describing (A) the information and
advice obtained by the Secretary from the Advisory Committee on
Women Veterans, and (B) the status of the study.
(2) Not later than December 31, 1995, a final report describing
the results of the study.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to the general operating expenses account of the Department
of Veterans Affairs $2,000,000 to carry out the purposes of this
section. Amounts appropriated pursuant to this authorization of
appropriations shall be available for obligation until expended without
fiscal year limitation.
(d) LIMITATION. -- No funds may be used to conduct the study
described in subsection (a) unless expressly provided for in an
appropriation Act.
SEC. 201. TEMPORARY EXPANSION OF AUTHORITY FOR SHARING AGREEMENTS.
The Secretary of Veterans Affairs may enter into an agreement with
the Secretary of Defense under this section to expand the availability
of health-care sharing arrangements with the Department of Defense under
section 8111(c) of title 38, United States Code. Under such an
agreement --
(1) the head of a Department of Veterans Affairs medical
facility may enter into agreements under section 8111(d) of that
title with (A) the head of a Department of Defense medical
facility, (B) with any other official of the Department of Defense
responsible for the provision of care under chapter 55 of title
10, United States Code, to persons who are covered beneficiaries
under that chapter, in the region of the Department of Veterans
Affairs medical facility, or (C) with a contractor of the
Department of Defense responsible for the provision of care under
chapter 55 of title 10, United States Code, to persons who are
covered beneficiaries under that chapter, in the region of the
Department of Veterans Affairs medical facility; and
(2) the term "primary beneficiary" shall be treated as
including --
(A) with respect to the Department of Veterans Affairs, any
person who is described in section 1713 of title 38, United States
Code; and
(B) with respect to the Department of Defense, any person who
is a covered beneficiary under chapter 55 of title 10, United
States Code.
SEC. 202. REQUIREMENT FOR IMPROVEMENT IN SERVICES FOR VETERANS.
A proposed agreement authorized by section 201 that is entered into
by the head of a Department of Veterans Affairs medical facility may
take effect only if the Chief Medical Director finds, and certifies to
the Secretary of Veterans Affairs, that implementation of the agreement
--
(1) will result in the improvement of services to eligible
veterans at that facility; and
(2) will not result in the denial of, or a delay in providing,
access to care for any veteran at that facility.
SEC. 203. EXPANDED SHARING AGREEMENTS WITH DEPARTMENT OF DEFENSE.
Under an agreement under section 201, guidelines under section
8111(b) of title 38, United States Code, may be modified to provide
that, notwithstanding any other provision of law, any person who is a
covered beneficiary under chapter 55 of title 10 and who is furnished
care or services by a facility of the Department of Veterans Affairs
under an agreement entered into under section 8111 of that title, or who
is described in section 1713 of title 38, United States Code, and who is
furnished care or services by a facility of the Department of Defense,
may be authorized to receive such care or services --
(1) without regard to any otherwise applicable requirement for
the payment of a copayment or deductible; or
(2) subject to a requirement to pay only part of any such
otherwise applicable copayment or deductible, as specified in the
guidelines.
SEC. 204. EXPIRATION OF AUTHORITY.
The authority to provide services pursuant to agreements entered into
under section 201 expires on October 1, 1996.
SEC. 205. CONSULTATION WITH VETERANS SERVICE ORGANIZATIONS.
In carrying out this title, the Secretary of Veterans Affairs shall
consult with organizations named in or approved under section 5902 of
title 38, United States Code.
SEC. 206. ANNUAL REPORT.
(a) IN GENERAL. -- For each of fiscal years 1993 through 1996, the
Secretary of Defense and the Secretary of Veterans Affairs shall include
in the annual report of the Secretaries under section 8111(f) of title
38, United States Code, a description of the Secretaries' implementation
of this section.
(b) ADDITIONAL MATTERS FOR FISCAL YEAR 1996 REPORT. -- In the report
under subsection (a) for fiscal year 1996, the Secretaries shall include
the following:
(1) An assessment of the effect of agreements entered into
under section 201 on the delivery of health care to eligible
veterans.
(2) An assessment of the cost savings, if any, associated with
provision of services under such agreements to retired members of
the Armed Forces, dependents of members or former members of a
uniformed service, and beneficiaries under section 1713 of title
38, United States Code.
(3) Any plans for administrative action, and any
recommendations for legislation, that the Secretaries consider
appropriate to include in the report.
SEC. 301. REVISION TO NURSE PAY GRADE SCHEDULE.
(a) REVISION. -- Section 7404(b)(1) is amended in the matter
relating to "NURSE SCHEDULE" by striking out "Director grade." and all
that follows through "Entry grade." and inserting in lieu thereof the
following:
"Nurse V.
"Nurse IV.
"Nurse III.
"Nurse II.
"Nurse I.".
(b) CONFORMING AMENDMENT. -- Section 7451(b) of such title is
amended by striking out "four" and inserting in lieu thereof "five".
SEC. 302. AUTHORITY TO ESTABLISH SPECIAL RATES OF PAY FOR EMPLOYEES
OF FACILITIES LOCATED OUTSIDE THE CONTIGUOUS UNITED STATES, ALASKA, AND
HAWAII.
Section 7451(a)(3) is amended --
(1) by striking out "(3) The rates" and inserting in lieu
thereof "(3)(A) Except as provided in subparagraph (B), the
rates"; and
(2) by adding at the end the following new subparagraph:
"(B) Under such regulations as the Secretary shall prescribe, the
Secretary shall establish and adjust the rates of basic pay for covered
positions at the following health-care facilities in order to provide
rates of basic pay that enable the Secretary to recruit and retain
sufficient numbers of health-care personnel in such positions at those
facilities:
"(i) The Veterans Memorial Medical Center in the Republic of
the Philippines.
"(ii) Department of Veterans Affairs health-care facilities
located outside the contiguous States, Alaska, and Hawaii.".
SEC. 303. SALARY DATA FOR NURSE ANESTHETISTS.
Section 7451(d)(3) is amended --
(1) by redesignating subparagraphs (C) and (D) as subparagraphs
(D) and (E), respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
"(C)(i) A director of a Department health-care facility may use data
on the beginning rates of compensation paid to certified registered
nurse anesthetists who are employed on a salary basis by entities that
provide anesthesia services through certified registered nurse
anesthetists in the labor-market area only if the director --
"(I) has conducted a survey of beginning rates of compensation
for certified registered nurse anesthetists in the local labor
market area of the facility under subparagraph (B);
"(II) has used all available administrative authority with
regard to collection of survey data; and
"(III) makes a determination (under regulations prescribed by
the Secretary) that such survey methods are insufficient to permit
the adjustments referred to in subparagraph (B) for such nurse
anesthetists employed by the facility.
"(ii) For the purposes of this subparagraph, certified registered
nurse anesthetists who are so employed by such entities shall be deemed
to be corresponding health-care professionals to the certified
registered nurse anesthetists employed by the facility.
"(iii) The authority of the director to use such additional data
under this subparagraph with respect to certified registered nurse
anesthetists expires on April 1, 1995.".
SEC. 304. RATES OF PAY FOR TRANSFERRING NURSES.
(a) SAVE-PAY AUTHORITY FOR NURSES TRANSFERRING TO ANOTHER FACILITY.
-- Section 7452(e) is amended by striking out the period at the end and
inserting in lieu thereof ", except that in the case of an employee
whose transfer (other than pursuant to a disciplinary action otherwise
authorized by law) to another health-care facility is at the request of
the Secretary, the Secretary may provide that for at least the first
year following such transfer the employee shall be paid at a rate of
basic pay up to the rate applicable to such employee before the
transfer, if the Secretary determines that such rate of pay is necessary
to fill the position. Whenever the Secretary exercises the authority
under the preceding sentence relating to the rate of basic pay of a
transferred employee, the Secretary shall, in the next annual report
required under section 7451(g) of this title, provide justification for
doing so.".
(b) CONFORMING AMENDMENT. -- Section 7451(g) is amended by adding at
the end the following new paragraph:
"(9) The justification required by section 7452(e) of this
title.".
SEC. 305. "38 USC 7451 note" NURSING PERSONNEL QUALIFICATION
STANDARDS.
(a) REVISION. -- The Secretary of Veterans Affairs shall conduct a
review of the qualification standards used for nursing personnel at
Department health-care facilities and the relationship between those
standards and the compression of nursing personnel in the existing
intermediate and senior grades. Based upon that review, the Secretary
shall revise those qualification standards --
(1) to reflect the five grade levels for nursing personnel
under the Nurse Schedule, as amended by section 301; and
(2) to reduce the compression of nursing personnel in the
existing intermediate and senior grades.
(b) DEADLINE FOR PRESCRIBING STANDARDS. -- The Secretary shall
prescribe revised qualification standards for nursing personnel pursuant
to subsection (a) not later than six months after the date of the
enactment of this Act.
(c) REPORT. -- The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report on
the Secretary's findings and actions under this section. The report
shall be submitted not later than six months after the date on which
revised qualification standards for nursing personnel are prescribed
pursuant to subsection (b).
SEC. 306. "38 USC 7451 note" REPORT ON PAY FOR CHIEF NURSE POSITION.
(a) REVIEW. -- The Secretary of Veterans Affairs shall conduct a
review of --
(1) the process for determining the rate of basic pay
applicable to the Chief Nurse position at Department of Veterans
Affairs health-care facilities; and
(2) the relationship between the rate of such basic pay and the
rate of basic pay applicable to nurses in positions subordinate to
the Chief Nurse at the respective Department facilities.
The review shall include an assessment of the adequacy of that process
in determining an equitable pay rate for the Chief Nurse position,
including an assessment of the accuracy of data collected in the survey
process and the difficulties in obtaining accurate data.
(b) REPORT. -- The Secretary shall submit to the Committees on
Veterans' Affairs of the Senate and House of Representatives a report on
the review and assessment conducted under subsection (a). To the extent
that the review discloses difficulties in obtaining accurate data in the
survey process with respect to the Chief Nurse position at Department
facilities, the Secretary shall include in the report recommendations
for corrective action. The Secretary shall also include in the report
(1) a listing of the salary differential (expressed as a percentage)
between the Chief Nurse at a facility and the highest paid nurse
(excluding certified registered nurse anesthetists) serving in a
position subordinate to the Chief Nurse, and (2) an analysis of such
data. The report shall be submitted not later than 12 months after the
date of the enactment of this Act.
SEC. 307. REPORT ON PAY COMPRESSION.
Section 7451(g) (as amended by section 304(b)) is further amended by
adding at the end the following new paragraph:
"(10) The number of nurses, shown by facility and by grade, who
are on pay retention or in the top step of any grade and, with
respect to those employees, comprehensive information (by
facility) as to whether an extension of the pay grades was sought
for these positions, and with respect to each such request for
extension, whether such request was granted or denied.".
SEC. 308. "38 USC 7404 note" EFFECTIVE DATE.
The amendments made by sections 301, 302, 303, and 304 shall take
effect with respect to the first pay period beginning on or after the
end of the six-month period beginning on the date of the enactment of
this Act.
SEC. 401. TREATMENT OF EARNINGS OF VETERANS UNDER CERTAIN
REHABILITATIVE SERVICES PROGRAMS.
Subsection (f) of section 1718 is amended to read as follows:
"(f)(1) The Secretary may not consider any of the matters stated in
paragraph (2) as a basis for the denial or discontinuance of a rating of
total disability for purposes of compensation or pension based on the
veteran's inability to secure or follow a substantially gainful
occupation as a result of disability.
"(2) Paragraph (1) applies to the following:
"(A) A veteran's participation in an activity carried out under
this section.
"(B) A veteran's receipt of a distribution as a result of
participation in an activity carried out under this section.
"(C) A veteran's participation in a program of rehabilitative
services that (i) is provided as part of the veteran's care
furnished by a State home and (ii) is approved by the Secretary as
conforming appropriately to standards for activities carried out
under this section.
"(D) A veteran's receipt of payment as a result of
participation in a program described in subparagraph (C).
"(3) A distribution of funds made under this section and a payment
made to a veteran under a program of rehabilitative services described
in paragraph (2)(C) shall be considered for the purposes of chapter 15
of this title to be a donation from a public or private relief or
welfare organization.".
SEC. 402. PERMANENT AUTHORITY TO MAKE GRANTS TO STATES RELATING TO
STATE HOMES.
Section 8133(a) is amended in the first sentence by striking out
"through September 30, 1992".
SEC. 403. EXTENSION OF PERIOD FOR COMPLETION OF CONDITIONALLY
APPROVED APPLICATIONS FOR CONSTRUCTION.
(a) EXTENSION OF PERIOD. -- Section 8135(b)(6)(A) is amended by
striking out "90 days" and inserting in lieu thereof "180 days".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "38 USC
8135 note" shall apply to projects that are conditionally approved after
September 30, 1992.
SEC. 404. LIMITED PROHIBITION ON OBLIGATION OF FUNDS FOR RESCINDED
PROJECTS.
(a) PROHIBITION. -- Section 8135(b)(6)(B) is amended by adding at
the end the following: "In the event the Secretary rescinds conditional
approval of a project under this subparagraph, the Secretary may not
further obligate funds for the project during the fiscal year in which
the Secretary rescinds such approval.".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "38 USC
8135 note" shall apply to recissions of conditional approval of projects
after the date of the enactment of this Act.
SEC. 405. COMMENCEMENT DATE FOR RECAPTURE PERIOD.
(a) COMMENCEMENT DATE. -- Section 8136 is amended by striking out
"If, within 20 years after completion of any project" and inserting in
lieu thereof "If, within the 20-year period beginning on the date of the
approval by the Secretary of the final architectural and engineering
inspection of any project".
(b) TECHNICAL AMENDMENT. -- Such section is further amended by
striking out "such facilities cease" and inserting in lieu thereof "the
facilities covered by the project cease".
SEC. 406. COMMENCEMENT DATE FOR PAYMENT OF PER DIEM.
Section 1741 is amended by adding at the end the following new
subsection:
"(e) Subject to section 1743 of this title, the payment of per diem
for care furnished in a State home facility shall commence on the date
of the completion of the inspection for recognition of the facility
under section 1742(a) of this title if the Secretary determines, as a
result of that inspection, that the State home meets the standards
described in such section.".
SEC. 501. CONTRACT HOSPITAL CARE FOR VETERANS WITH PERMANENT AND
TOTAL SERVICE-CONNECTED DISABILITIES.
Section 1703(a)(1) is amended --
(1) by striking out "or" at the end of subparagraph (A);
(2) by striking out the period at the end of subparagraph (B)
and inserting in lieu thereof "; or"; and
(3) by adding at the end the following new subparagraph:
"(C) a disability of a veteran who has a total disability
permanent in nature from a service-connected disability.".
SEC. 502. PERMANENT AUTHORITY FOR RESPITE CARE PROGRAM.
Section 1720B is amended by striking out subsection (c).
SEC. 503. EXTENSION OF AUTHORITY TO CONTRACT WITH THE VETERANS
MEMORIAL MEDICAL CENTER, REPUBLIC OF THE PHILIPPINES.
Section 1732(a) is amended by striking out "September 30, 1992" and
inserting in lieu thereof "September 30, 1994".
SEC. 511. NATIONAL CENTER FOR PREVENTIVE HEALTH.
(a) ESTABLISHMENT. -- (1) Subchapter II of chapter 73 is amended by
adding at the end the following new section:
"Section 7318. National Center for Preventive Health
"(a)(1) The Chief Medical Director shall establish and operate in the
Veterans Health Administration a National Center for Preventive Health
(hereinafter in this section referred to as the 'Center'). The Center
shall be located at a Department health care facility.
"(2) The head of the Center is the Director of Preventive Health
(hereinafter in this section referred to as the 'Director').
"(3) The Chief Medical Director shall provide the Center with such
staff and other support as may be necessary for the Center to carry out
effectively its functions under this section.
"(b) The purposes of the Center are the following:
"(1) To provide a central office for monitoring and encouraging
the activities of the Veterans Health Administration with respect
to the provision, evaluation, and improvement of preventive health
services.
"(2) To promote the expansion and improvement of clinical,
research, and educational activities of the Veterans Health
Administration with respect to such services.
"(c) In carrying out the purposes of the Center, the Director shall
do the following:
"(1) Develop and maintain current information on clinical
activities of the Veterans Health Administration relating to
preventive health services, including activities relating to --
"(A) the on-going provision of regularly-furnished services;
and
"(B) patient education and screening programs carried out
throughout the Administration.
"(2) Develop and maintain detailed current information on
research activities of the Veterans Health Administration relating
to preventive health services.
"(3) In order to encourage the effective provision of
preventive health services by Veterans Health Administration
personnel --
"(A) ensure the dissemination to such personnel of any
appropriate information on such services that is derived from
research carried out by the Administration; and
"(B) acquire and ensure the dissemination to such personnel of
any appropriate information on research and clinical practices
relating to such services that are carried out by researchers,
clinicians, and educators who are not affiliated with the
Administration.
"(4) Facilitate the optimal use of the unique resources of the
Department for cooperative research into health outcomes by
initiating recommendations, and responding to requests of the
Chief Medical Director and the Director of the Medical and
Prosthetic Research Service, for such research into preventive
health services.
"(5) Provide advisory services to personnel of Department
health-care facilities with respect to the planning or furnishing
of preventive health services by such personnel.
"(d) There is authorized to be appropriated $1,500,000 to the Medical
Care General and Special Fund of the Department of Veterans Affairs for
each fiscal year for the purpose of permitting the National Center for
Preventive Health to carry out research, clinical, educational, and
administrative activities under this section. Such activities shall be
considered to be part of the operation of health-care facilities of the
Department without regard to the location at which such activities are
carried out.
"(e) In this section, the term 'preventive health services' has the
meaning given such term in section 1701(9) of this title.".
(2) The table of sections at the beginning of chapter 73 is amended
by inserting after the item relating section 7317 the following new
item:
"7318. National Center for Preventive Health.".
(b) DIRECTOR OF CENTER. -- (1) Subsection (a) of section 7306 is
amended --
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following new
paragraph (7):
"(7) The Director of the National Center for Preventive Health,
who shall be responsible to the Chief Medical Director for the
operation of the Center.".
(2) Subsection (c) of such section is amended in the second sentence
by striking out "and (4)" and inserting in lieu thereof "(4), and (7)".
(c) SELECTION OF FACILITY AT WHICH CENTER TO BE ESTABLISHED. -- In
order to establish the National Center for Preventive Health pursuant to
section 7318 of title 38, United States Code, "38 USC 7318 note" as
added by subsection (a), the Chief Medical Director of the Department of
Veterans Affairs shall solicit proposals from Department health care
facilities to establish the center. The Chief Medical Director shall
establish such center at the facility or facilities which the Chief
Medical Director determines, on the basis of a review and analysis of
such proposals, would most effectively carry out the purposes set forth
in subsection (b) of such section.
SEC. 512. ANNUAL REPORT ON PREVENTIVE HEALTH SERVICES.
(a) ANNUAL REPORT. -- Chapter 17 is amended by inserting after
section 1703 the following new section:
"Section 1704. Preventive health services: annual report
"Not later than October 31 each year, the Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on preventive health services. Each such
report shall include the following:
"(1) A description of the programs and activities of the
Department with respect to preventive health services during the
preceding fiscal year, including a description of the following:
"(A) The programs conducted by the Department --
"(i) to educate veterans with respect to health promotion and
disease prevention; and
"(ii) to provide veterans with preventive health screenings and
other clinical services, with such description setting forth the
types of resources used by the Department to conduct such
screenings and services and the number of veterans reached by such
screenings and services.
"(B) The means by which the Secretary addressed the specific
preventive health services needs of particular groups of veterans
(including veterans with service-connected disabilities, elderly
veterans, low-income veterans, women veterans, institutionalized
veterans, and veterans who are at risk for mental illness).
"(C) The manner in which the provision of such services was
coordinated with the activities of the Medical and Prosthetic
Research Service of the Department and the National Center for
Preventive Health.
"(D) The manner in which the provision of such services was
integrated into training programs of the Department, including
initial and continuing medical training of medical students,
residents, and Department staff.
"(E) The manner in which the Department participated in
cooperative preventive health efforts with other governmental and
private entities (including State and local health promotion
offices and not-for-profit organizations).
"(F) The specific research carried out by the Department with
respect to the long-term relationships among screening activities,
treatment, and morbidity and mortality outcomes.
"(G) The cost effectiveness of such programs and activities,
including an explanation of the means by which the costs and
benefits (including the quality of life of veterans who
participate in such programs and activities) of such programs and
activities are measured.
"(2) A specific description of research activities on
preventive health services carried out during that period using
employees, funds, equipment, office space, or other support
services of the Department, with such description setting forth --
"(A) the source of funds for those activities;
"(B) the articles or publications (including the authors of the
articles and publications) in which those activities are
described;
"(C) the Federal, State, or local governmental entity or
private entity, if any, with which such activities were carried
out; and
"(D) the clinical, research, or staff education projects for
which funding applications were submitted (including the source of
the funds applied for) and upon which a decision is pending or was
denied.
"(3) An accounting of the expenditure of funds during that
period by the National Center for Preventive Health under section
7318 of this title.".
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1703 the following new item:
"1704. Preventive health services: annual report.".
SEC. 513. PREVENTIVE HEALTH SERVICES.
(a) IN GENERAL. -- The text of section 1762 is transferred to the
end of section 1701, redesignated as paragraph (9), and amended --
(1) by striking out "For the purposes of this subchapter, the
term 'preventive health-care services' means" and inserting in
lieu thereof "The term 'preventive health services' means"; and
(2) by redesignating paragraphs (1), (2), (3), (4), (5), (6),
(7), (8), (9), (10), and (11) as subparagraphs (A), (B), (C), (D),
(E), (F), (G), (H), (I), (J), and (K), respectively.
(b) CONFORMING AMENDMENT. -- Section 1701(6)(A)(i) is amended by
striking out "preventive health-care services as defined in section 1762
of this title," and inserting in lieu thereof "preventive health
services,".
SEC. 514. REPEAL OF PILOT PROGRAM.
(a) REPEAL. -- Subchapter VII of chapter 17 is repealed.
(b) CLERICAL AMENDMENT. -- The table of sections at the beginning of
chapter 17 is amended by striking out the items relating to subchapter
VII (including the items relating to the sections of that subchapter).
SEC. 521. GERIATRIC RESEARCH, EDUCATION, AND CLINICAL CENTERS.
Section 7314 is amended --
(1) in subsection (c), by inserting after "unless" in the
matter preceding paragraph (1) the following: "the peer review
panel established under subsection (d) has determined under that
subsection that the proposal submitted by such facility as a
location for a new center under subsection (a) is among those
proposals which have met the highest competitive standards of
scientific and clinical merit, and";
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively; and
(3) by inserting after subsection (c) the following new
subsection (d):
"(d)(1) In order to provide advice to assist the Chief Medical
Director and the Secretary to carry out their responsibilities under
this section, the Assistant Chief Medical Director described in section
7306(b)(3) of this title shall establish a panel to assess the
scientific and clinical merit of proposals that are submitted to the
Secretary for the establishment of new centers under this section.
"(2) The membership of the panel shall consist of experts in the
fields of geriatric and gerontological research, education, and clinical
care. Members of the panel shall serve as consultants to the Department
for a period of no longer than six months.
"(3) The panel shall review each proposal submitted to the panel by
the Assistant Chief Medical Director and shall submit its views on the
relative scientific and clinical merit of each such proposal to the
Assistant Chief Medical Director.
"(4) The panel shall not be subject to the Federal Advisory Committee
Act.".
SEC. 522. EXTENSION OF AUTHORITY TO WAIVE CERTAIN LIMITATIONS
APPLICABLE TO RECEIPT OF RETIREMENT PAY BY NURSES.
Section 7426(c) is amended by striking out "September 30, 1992" and
inserting in lieu thereof "December 31, 1994".
SEC. 523. HEALTH PROFESSIONALS EDUCATION PROGRAMS.
(a) EXTENSION OF HEALTH SCHOLARSHIP PROGRAM. -- Section 7618 is
amended by striking out "September 30, 1992" and inserting in lieu
thereof "December 31, 1995".
(b) HEALTH PROFESSIONALS. "38 USC 7601 note" -- Notwithstanding any
other provision of law, the Secretary of Veterans Affairs may not
provide payments to health-care professional employees of the Department
of Veterans Affairs for payment of tuition loans.
SEC. 524. REAL PROPERTY AT TEMPLE JUNIOR COLLEGE, TEMPLE, TEXAS.
(a) REMOVAL OF RESTRICTIONS ON USE OF PREVIOUSLY CONVEYED LAND. --
Subject to subsection (b), the Secretary of Veterans Affairs shall
release all restrictions and conditions (including a right of reverter)
imposed in a quitclaim deed executed by the Administrator of Veterans
Affairs on March 8, 1968, pursuant to Public Law 90-197 (81 Stat. 582;
December 14, 1967), in which the United States, acting through the
Administrator of Veterans Affairs, conveyed a tract of land consisting
of 73 acres, more or less, to Temple Junior College, Temple, Texas.
(b) REQUIREMENT FOR PAYMENT. -- Subsection (a) shall be effective
upon the payment to the Secretary of Veterans Affairs of such monetary
consideration as the Secretary determines to be appropriate. Any amount
received by the Secretary pursuant to this subsection shall be deposited
in the general fund of the Treasury.
(c) EXECUTION OF LEGAL INSTRUMENTS. -- The Secretary of Veterans
Affairs shall execute such legal documents as necessary to carry out
subsection (a). The Secretary may include in such legal documents such
terms, conditions, reservations, easements, and restrictions (other than
those released pursuant to subsection (a)) as the Secretary considers
necessary to protect the interest of the United States.
SEC. 525. "38 USC 1710 note" DEMONSTRATION PROJECT TO EVALUATE
INSTALLATION OF TELEPHONES FOR PATIENT USE AT DEPARTMENT HEALTH-CARE
FACILITIES.
(a) DEMONSTRATION PROJECT. -- The Secretary of Veterans Affairs
shall carry out a demonstration project to evaluate --
(1) the feasibility and desirability of (A) providing telephone
service in patient rooms in Department of Veterans Affairs
health-care facilities which do not currently provide such
service, and (B) the use of telephones by the patients of such
health-care facilities; and
(2) the relative feasibility and cost-effectiveness of a
variety of options for providing such service.
(b) PROJECT ACTIVITIES. -- (1) In carrying out the demonstration
project under this section, the Secretary shall, at an appropriate
number (as determined by the Secretary) of health care facilities,
provide patients reasonable access to telephone service in patients'
rooms to the extent feasible, and subject to paragraph (2).
(2) The Secretary shall ensure that patients who use such telephones
bear financial responsibility for the cost of any long-distance
telephone calls made during such use.
(c) PROJECT EVALUATION. -- In carrying out the evaluation under
subsection (a), the Secretary shall determine --
(1) the cost of the installation, use, and maintenance of such
telephones, including --
(A) the amount of any savings which accrue to the facility by
reason of such installation and use (including the amount of any
savings that may result from any decrease in the amount of
assistance in using telephones that the staff of the facility
would otherwise provide to patients); and
(B) any costs that result from providing special telephones or
other special equipment to facilitate the use of telephones by
disabled veterans; and
(2) the effect of the use of such telephones on the therapeutic
course of veterans who receive care at the facility; and
(3) the relative feasibility and cost effectiveness of a range
of options for providing access to telephone service, including --
(A) the expenditure of appropriated funds;
(B) the receipt of donated funds, equipment, and services; and
(C) the procuring of equipment and services by the Veterans
Canteen Service.
(d) REPORT. -- Not later than September 30, 1994, the Secretary
shall submit to the Committees on Veterans' Affairs of the Senate and
the House of Representatives a report on the demonstration project. The
report shall contain the following:
(1) The determinations of the Secretary under subsection (c).
(2) An assessment by the Secretary of the feasibility and
desirability of providing telephones for patients in other
health-care facilities of the Department.
(3) The experience of the Secretary in using, and an assessment
by the Secretary of the feasibility and cost effectiveness of,
alternative arrangements to the expenditure of appropriated funds
for securing telephone service for patients in health-care
facilities of the Department.
(4) Any additional information and recommendations with respect
to the provision and use of patient telephones at Department
health-care facilities as the Secretary considers appropriate.
SEC. 526. "38 USC 1715 note" USE OF TOBACCO PRODUCTS IN DEPARTMENT
FACILITIES.
(a) IN GENERAL. -- The Secretary of Veterans Affairs shall take
appropriate actions to ensure that, consistent with medical requirements
and limitations, each facility of the Department described in subsection
(b) --
(1) establishes and maintains --
(A) a suitable indoor area in which patients or residents may
smoke and which is ventilated in a manner that, to the maximum
extent feasible, prevents smoke from entering other areas of the
facility; or
(B) an area in a building that --
(i) is detached from the facility;
(ii) is accessible to patients or residents of the facility;
and
(iii) has appropriate heating and air conditioning; and
(2) provides access to an area established and maintained under
paragraph (1), consistent with medical requirements and
limitations for patients or residents of the facility who are
receiving care or services and who desire to smoke tobacco
products.
(b) COVERED FACILITIES. -- A Department facility referred to in
subsection (a) is any Department of Veterans Affairs medical center,
nursing home, or domiciliary care facility.
(c) REPORTS. -- (1) Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the feasibility of the establishment and
maintenance of areas for smoking in Department facilities under this
section. The report shall include information on --
(A) the cost of, and a proposed schedule for, the establishment
of such an area at each Department facility covered by this
section;
(B) the extent to which the ventilating system of each facility
is adequate to ensure that use of the area for smoking does not
result in health problems for other patients or residents of the
facility; and
(C) the effect of the establishment and maintenance of an area
for smoking in each facility on the accreditation score issued for
the facility by the Joint Commission on the Accreditation of
Health Organizations.
(2) Not later than 120 days after the effective date of this section,
the Secretary shall submit to the committees referred to in paragraph
(1) a report on the implementation of this section. The report shall
include a description of the actions taken at each covered facility to
ensure compliance with this section.
(d) EFFECTIVE DATE. -- The requirement to establish and maintain
areas for smoking under subsection (a) shall take effect 60 days after
the date on which the Comptroller General submits to the committees
referred to in subsection (c)(1) that report required under that
subsection.
SEC. 601. TREATMENT OF PRESCRIPTION DRUGS PROCURED BY DEPARTMENT OF
VETERANS AFFAIRS OR PURCHASED BY CERTAIN CLINICS AND HOSPITALS.
(a) EXCLUSION OF PRICES FROM CALCULATION OF BEST PRICES FOR MEDICAID
REBATE AGREEMENTS. -- Section 1927(c)(1)(C) of the Social Security Act
(42 U.S.C. 1396r-8(c)(1)(C)) is amended by striking "(excluding" and
inserting "(excluding any prices charged on or after October 1, 1992, to
the Indian Health Service, the Department of Veterans Affairs, a State
home receiving funds under section 1741 of title 38, United States Code,
the Department of Defense, the Public Health Service, or a covered
entity described in subsection (a)(5)(B), any prices charged under the
Federal Supply Schedule of the General Services Administration, or any
prices used under a State pharmaceutical assistance program, and
excluding".
(b) AGREEMENTS REQUIRED TO RECEIVE PAYMENT. --
(1) IN GENERAL. -- The first sentence of section 1927(a)(1) of
such Act (42 U.S.C. 1396r-8(a)(1)) is amended by striking
"manufacturer)." and inserting "manufacturer), and must meet the
requirements of paragraph (5) (with respect to drugs purchased by
a covered entity on or after the first day of the first month that
begins after the date of the enactment of title VI of the Veterans
Health Care Act of 1992) and paragraph (6).".
(2) AGREEMENTS DESCRIBED. -- Section 1927(a) of such Act (42
U.S.C. 1396r-8(a)) is amended by adding at the end the following
new paragraphs:
"(5) LIMITATION ON PRICES OF DRUGS PURCHASED BY COVERED
ENTITIES. --
"(A) AGREEMENT WITH SECRETARY. -- A manufacturer meets the
requirements of this paragraph if the manufacturer has entered
into an agreement with the Secretary that meets the requirements
of section 340B of the Public Health Service Act with respect to
covered outpatient drugs purchased by a covered entity on or after
the first day of the first month that begins after the date of the
enactment of this paragraph.
"(B) COVERED ENTITY DEFINED. -- In this subsection, the term
'covered entity' means an entity described in section 340B(a)(4)
of the Public Health Service Act.
"(C) ESTABLISHMENT OF ALTERNATIVE MECHANISM TO ENSURE AGAINST
DUPLICATE DISCOUNTS OR REBATES. -- If the Secretary does not
establish a mechanism under section 340B(a)(5)(A) of the Public
Health Service Act within 12 months of the date of the enactment
of such section, the following requirements shall apply:
"(i) ENTITIES. -- Each covered entity shall inform the single
State agency under section 1902(a)(5) when it is seeking
reimbursement from the State plan for medical assistance described
in section 1905(a)(12) with respect to a unit of any covered
outpatient drug which is subject to an agreement under section
340B(a) of such Act.
"(ii) STATE AGENCY. -- Each such single State agency shall
provide a means by which a covered entity shall indicate on any
drug reimbursement claims form (or format, where electronic claims
management is used) that a unit of the drug that is the subject of
the form is subject to an agreement under section 340B of such
Act, and not submit to any manufacturer a claim for a rebate
payment under subsection (b) with respect to such a drug.
"(D) EFFECT OF SUBSEQUENT AMENDMENTS. -- In determining
whether an agreement under subparagraph (A) meets the requirements
of section 340B of the Public Health Service Act, the Secretary
shall not take into account any amendments to such section that
are enacted after the enactment of title VI of the Veterans Health
Care Act of 1992.
"(E) DETERMINATION OF COMPLIANCE. -- A manufacturer is deemed
to meet the requirements of this paragraph if the manufacturer
establishes to the satisfaction of the Secretary that the
manufacturer would comply (and has offered to comply) with the
provisions of section 340B of the Public Health Service Act (as in
effect immediately after the enactment of this paragraph) and
would have entered into an agreement under such section (as such
section was in effect at such time), but for a legislative change
in such section after the date of the enactment of this paragraph.
"(6) REQUIREMENTS RELATING TO MASTER AGREEMENTS FOR DRUGS
PROCURED BY DEPARTMENT OF VETERANS AFFAIRS AND CERTAIN OTHER
FEDERAL AGENCIES. --
"(A) IN GENERAL. -- A manufacturer meets the requirements of
this paragraph if the manufacturer complies with the provisions of
section 8126 of title 38, United States Code, including the
requirement of entering into a master agreement with the Secretary
of Veterans Affairs under such section.
"(B) EFFECT OF SUBSEQUENT AMENDMENTS. -- In determining
whether a master agreement described in subparagraph (A) meets the
requirements of section 8126 of title 38, United States Code, the
Secretary shall not take into account any amendments to such
section that are enacted after the enactment of title VI of the
Veterans Health Care Act of 1992.
"(C) DETERMINATION OF COMPLIANCE. -- A manufacturer is deemed
to meet the requirements of this paragraph if the manufacturer
establishes to the satisfaction of the Secretary that the
manufacturer would comply (and has offered to comply) with the
provisions of section 8126 of title 38, United States Code (as in
effect immediately after the enactment of this paragraph) and
would have entered into an agreement under such section (as such
section was in effect at such time), but for a legislative change
in such section after the date of the enactment of this
paragraph.".
(3) CONFIDENTIALITY OF INFORMATION. -- Section 1927(b)(3)(D)
of such Act (42 U.S.C. 1396r-8(b)(3)(D)) is amended --
(A) by striking "this paragraph" and inserting "this paragraph
or under an agreement with the Secretary of Veterans Affairs
described in subsection (a)(6)(A)(ii)";
(B) by striking "Secretary" each place it appears and inserting
"Secretary or the Secretary of Veterans Affairs"; and
(C) by striking "except" and all that follows through the
period and inserting: "except --
"(i) as the Secretary determines to be necessary to carry out
this section,
"(ii) to permit the Comptroller General to review the
information provided, and
"(iii) to permit the Director of the Congressional Budget
Office to review the information provided.".
(4) TERMINATION OF REBATE AGREEMENTS. -- Section 1927(b)(4)(B)
of such Act (42 U.S.C. 1396r-8(b)(4)(B)) is amended --
(i) in clause (ii), by striking "such period" and inserting
"the calendar quarter beginning at least 60 days",
(ii) in clause (ii), by striking "of the notice" and all
through "the agreement)." and inserting "the manufacturer provides
notice to the Secretary.", and
(iii) by adding at the end the following new clauses:
"(iv) NOTICE TO STATES. -- In the case of a termination under
this subparagraph, the Secretary shall provide notice of such
termination to the States within not less than 30 days before the
effective date of such termination.
"(v) APPLICATION TO TERMINATIONS OF OTHER AGREEMENTS. -- The
provisions of this subparagraph shall apply to the terminations of
agreements described in section 340B(a)(1) of the Public Health
Service Act and master agreements described in section 8126(a) of
title 38, United States Code.".
(c) BUDGET NEUTRALITY ADJUSTMENT. -- Section 1927(c)(1)(B) of the
Social Security Act (42 U.S.C. 1396r-8(c)(1)(B)) is amended --
(1) by striking "January 1, 1993," and inserting "October 1,
1992,";
(2) by striking "and" at the end of clause (i); and
(3) by striking clause (ii) and inserting the following:
"(ii) for quarters (or other periods) beginning after September
30, 1992, and before January 1, 1994, the greater of --
"(I) 15.7 percent of the average manufacturer price for the
drug, or
"(II) the difference between the average manufacturer price for
the drug and the best price (as defined in subparagraph (C)) for
such quarter (or period) for such drug;
"(iii) for quarters (or other periods) beginning after December
31, 1993, and before January 1, 1995, the greater of --
"(I) 15.4 percent of the average manufacturer price for the
drug, or
"(II) the difference between the average manufacturer price for
the drug and the best price (as defined in subparagraph (C)) for
such quarter (or period) for such drug;
"(iv) for quarters (or other periods) beginning after December
31, 1994, and before January 1, 1996, the greater of --
"(I) 15.2 percent of the average manufacturer price for the
drug, or
"(II) the difference between the average manufacturer price for
the drug and the best price (as defined in subparagraph (C)) for
such quarter (or period) for such drug; and
"(v) for quarters (or other periods) beginning after December
31, 1995, the greater of --
"(I) 15.1 percent of the average manufacturer price for the
drug, or
"(II) the difference between the average manufacturer price for
the drug and the best price (as defined in subparagraph (C)) for
such quarter (or period) for such drug.".
(d) REPORTS ON BEST PRICE CHANGES AND PAYMENT OF REBATES. "42 USC
1396r-8 note" --
(1) IN GENERAL. -- Not later than 90 days after the expiration
of each calendar quarter that begins on or after October 1, 1992,
and ends on or before December 31, 1995, the Secretary of Health
and Human Services shall submit a report to Congress that contains
the following information relating to prescription drugs dispensed
in the quarter (subject to paragraph (2)):
(A) With respect to single source drugs and innovator multiple
source drugs (as such terms are defined in section 1927(k)(7) of
the Social Security Act) --
(i) the percentage of such drugs whose best price (as reported
to the Secretary under section 1927(b) of the Social Security Act)
increased compared to the best price during the previous calendar
quarter, and the amount of expenditures under State plans under
title XIX of such Act attributable to such drugs;
(ii) the percentage of such drugs whose best price (as so
reported) decreased compared to the best price during the previous
calendar quarter, and the amount of expenditures under State plans
under title XIX of such Act attributable to such drugs;
(iii) the percentage of such drugs whose best price (as so
reported) was the same as the best price during the previous
calendar quarter, and the amount of expenditures under State plans
under title XIX of such Act attributable to such drugs;
(iv) the median and mean percentage increase (or decrease) in
the best price of such single source drugs (as so reported)
compared to the best price during the previous calendar quarter,
unweighted and weighted (in the case of the mean percentage
increase or decrease) by the dollar volume of drugs dispensed;
(v) the median and mean percentage increase (or decrease) in
the best price of such innovator multiple source drugs (as so
reported) compared to the best price during the previous calendar
quarter, unweighted and weighted (in the case of the mean
percentage increase or decrease) by the dollar volume of drugs
dispensed; and
(vi) the median and mean percentage increase (or decrease) in
the best price of all such drugs (as so reported) compared to the
best price during the previous calendar quarter, unweighted and
weighted (in the case of the mean percentage increase or decrease)
by the dollar volume of drugs dispensed.
(B) With respect to all drugs for which manufacturers are
required to pay rebates under section 1927(c) of the Social
Security Act, the Secretary's estimate, on a State-by-State and a
national aggregate basis, of --
(i) the total amount of all rebates paid under such section
during the quarter, broken down by the portions of such total
amount attributable to rebates described in paragraphs (1), (2),
and (3) of such section;
(ii) the percentages of such total amount attributable to
rebates described in paragraphs (1), (2), and (3) of such section;
and
(iii) the amount of the portion of such total amount
attributable to the rebate described in paragraph (1) of such
section that is solely attributable to the application of
subclause (II) of clause (i), (ii), (iii), (iv), or (v) of such
paragraph.
(2) LIMITATION ON DRUGS SUBJECT TO REPORT. -- No report
submitted under paragraph (1) shall include any information
relating to any prescription drug unless the Secretary finds that
expenditures for the drug are significant expenditures under the
medicaid program. In the previous sentence, expenditures for a
drug are "significant" if the drug was one of the 1,000 drugs for
which the greatest amount of the Federal financial assistance
attributable to prescription drugs was paid under section 1903(a)
of the Social Security Act during calendar year 1991.
(3) SPECIAL RULE FOR INITIAL REPORT. -- For purposes of the
first report required to be submitted under paragraph (1) --
(A) the Secretary shall submit the report not later than May 1,
1993; and
(B) the information contained in the report shall include
information on prescription drugs dispensed during each calendar
quarter that began on or after January 1, 1991, and ended on or
before December 31, 1992.
(e) EFFECTIVE DATE. -- The amendments made by this section "42 USC
1396r-8 note" shall apply with respect to payments to State plans under
title XIX of the Social Security Act for calendar quarters (or periods)
beginning on or after January 1, 1993 (without regard to whether nor not
regulations to carry out such amendments have been promulgated by such
date).
SEC. 602. LIMITATIONS ON PRICES OF DRUGS PURCHASED BY CERTAIN
CLINICS AND HOSPITALS.
(a) IN GENERAL. -- Part D of title III of the Public Health Service
Act is amended by adding the following subpart:
"SEC. 340B. "42 USC 256b" (a) REQUIREMENTS FOR AGREEMENT WITH
SECRETARY. --
"(1) IN GENERAL. -- The Secretary shall enter into an
agreement with each manufacturer of covered drugs under which the
amount required to be paid (taking into account any rebate or
discount, as provided by the Secretary) to the manufacturer for
covered drugs (other than drugs described in paragraph (3))
purchased by a covered entity on or after the first day of the
first month that begins after the date of the enactment of this
section, does not exceed an amount equal to the average
manufacturer price for the drug under title XIX of the Social
Security Act in the preceding calendar quarter, reduced by the
rebate percentage described in paragraph (2).
"(2) REBATE PERCENTAGE DEFINED. --
"(A) IN GENERAL. -- For a covered outpatient drug purchased in
a calendar quarter, the 'rebate percentage' is the amount
(expressed as a percentage) equal to --
"(i) the average total rebate required under section 1927(c) of
the Social Security Act with respect to the drug (for a unit of
the dosage form and strength involved) during the preceding
calendar quarter; divided by
"(ii) the average manufacturer price for such a unit of the
drug during such quarter.
"(B) OVER THE COUNTER DRUGS. --
"(i) IN GENERAL. -- For purposes of subparagraph (A), in the
case of over the counter drugs, the 'rebate percentage' shall be
determined as if the rebate required under section 1927(c) of the
Social Security Act is based on the applicable percentage provided
under section 1927(c)(4) of such Act.
"(ii) DEFINITION. -- The term 'over the counter drug' means a
drug that may be sold without a prescription and which is
prescribed by a physician (or other persons authorized to
prescribe such drug under State law).
"(3) DRUGS PROVIDED UNDER STATE MEDICAID PLANS. -- Drugs
described in this paragraph are drugs purchased by the entity for
which payment is made by the State under the State plan for
medical assistance under title XIX of the Social Security Act.
"(4) COVERED ENTITY DEFINED. -- In this section, the term
'covered entity' means an entity that meets the requirements
described in paragraph (5) and is one of the following:
"(A) A Federally-qualified health center (as defined in section
1905(l)(2)(B) of the Social Security Act).
"(B) An entity receiving a grant under section 340A.
"(C) A family planning project receiving a grant or contract
under section 1001.
"(D) An entity receiving a grant under subpart II of part C of
title XXVI (relating to categorical grants for outpatient early
intervention services for HIV disease).
"(E) A State-operated AIDS drug purchasing assistance program
receiving financial assistance under title XXVI.
"(F) A black lung clinic receiving funds under section 427(a)
of the Black Lung Benefits Act.
"(G) A comprehensive hemophilia diagnostic treatment center
receiving a grant under section 501(a)(2) of the Social Security
Act.
"(H) A Native Hawaiian Health Center receiving funds under the
Native Hawaiian Health Care Act of 1988.
"(I) An urban Indian organization receiving funds under title V
of the Indian Health Care Improvement Act.
"(J) Any entity receiving assistance under title XXVI (other
than a State or unit of local government or an entity described in
subparagraph (D)), but only if the entity is certified by the
Secretary pursuant to paragraph (7).
"(K) An entity receiving funds under section 318 (relating to
treatment of sexually transmitted diseases) or section 317(j)(2)
(relating to treatment of tuberculosis) through a State or unit of
local government, but only if the entity is certified by the
Secretary pursuant to paragraph (7).
"(L) A subsection (d) hospital (as defined in section
1886(d)(1)(B) of the Social Security Act) that --
"(i) is owned or operated by a unit of State or local
government, is a public or private non-profit corporation which is
formally granted governmental powers by a unit of State or local
government, or is a private non-profit hospital which has a
contract with a State or local government to provide health care
services to low income individuals who are not entitled to
benefits under title XVIII of the Social Security Act or eligible
for assistance under the State plan under this title;
"(ii) for the most recent cost reporting period that ended
before the calendar quarter involved, had a disproportionate share
adjustment percentage (as determined under section 1886(d)(5)(F)
of the Social Security Act) greater than 11.75 percent or was
described in section 1886(d)(5)(F)(i)(II) of such Act; and
"(iii) does not obtain covered outpatient drugs through a group
purchasing organization or other group purchasing arrangement.
"(5) REQUIREMENTS FOR COVERED ENTITIES. --
"(A) PROHIBITING DUPLICATE DISCOUNTS OR REBATES. --
"(i) IN GENERAL. -- A covered entity shall not request payment
under title XIX of the Social Security Act for medical assistance
described in section 1905(a)(12) of such Act with respect to a
drug that is subject to an agreement under this section if the
drug is subject to the payment of a rebate to the State under
section 1927 of such Act.
"(ii) ESTABLISHMENT OF MECHANISM. -- The Secretary shall
establish a mechanism to ensure that covered entities comply with
clause (i). If the Secretary does not establish a mechanism
within 12 months under the previous sentence, the requirements of
section 1927(a)(5)(C) of the Social Security Act shall apply.
"(B) PROHIBITING RESALE OF DRUGS. -- With respect to any
covered outpatient drug that is subject to an agreement under this
subsection, a covered entity shall not resell or otherwise
transfer the drug to a person who is not a patient of the entity.
"(C) AUDITING. -- A covered entity shall permit the Secretary
and the manufacturer of a covered outpatient drug that is subject
to an agreement under this subsection with the entity (acting in
accordance with procedures established by the Secretary relating
to the number, duration, and scope of audits) to audit at the
Secretary's or the manufacturer's expense the records of the
entity that directly pertain to the entity's compliance with the
requirements described in subparagraphs (A) or (B) with respect to
drugs of the manufacturer.
"(D) ADDITIONAL SANCTION FOR NONCOMPLIANCE. -- If the
Secretary finds, after notice and hearing, that a covered entity
is in violation of a requirement described in subparagraphs (A) or
(B), the covered entity shall be liable to the manufacturer of the
covered outpatient drug that is the subject of the violation in an
amount equal to the reduction in the price of the drug (as
described in subparagraph (A)) provided under the agreement
between the entity and the manufacturer under this paragraph.
"(6) TREATMENT OF DISTINCT UNITS OF HOSPITALS. -- In the case
of a covered entity that is a distinct part of a hospital, the
hospital shall not be considered a covered entity under this
paragraph unless the hospital is otherwise a covered entity under
this subsection.
"(7) CERTIFICATION OF CERTAIN COVERED ENTITIES. --
"(A) DEVELOPMENT OF PROCESS. -- Not later than 60 days after
the date of enactment of this subsection, the Secretary shall
develop and implement a process for the certification of entities
described in subparagraphs (J) and (K) of paragraph (4).
"(B) INCLUSION OF PURCHASE INFORMATION. -- The process
developed under subparagraph (A) shall include a requirement that
an entity applying for certification under this paragraph submit
information to the Secretary concerning the amount such entity
expended for covered outpatient drugs in the preceding year so as
to assist the Secretary in evaluating the validity of the entity's
subsequent purchases of covered outpatient drugs at discounted
prices.
"(C) CRITERIA. -- The Secretary shall make available to all
manufacturers of covered outpatient drugs a description of the
criteria for certification under this paragraph.
"(D) LIST OF PURCHASERS AND DISPENSERS. -- The certification
process developed by the Secretary under subparagraph (A) shall
include procedures under which each State shall, not later than 30
days after the submission of the descriptions under subparagraph
(C), prepare and submit a report to the Secretary that contains a
list of entities described in subparagraphs (J) and (K) of
paragraph (4) that are located in the State.
"(E) RECERTIFICATION. -- The Secretary shall require the
recertification of entities certified pursuant to this paragraph
on a not more frequent than annual basis, and shall require that
such entities submit information to the Secretary to permit the
Secretary to evaluate the validity of subsequent purchases by such
entities in the same manner as that required under subparagraph
(B).
"(8) DEVELOPMENT OF PRIME VENDOR PROGRAM. -- The Secretary
shall establish a prime vendor program under which covered
entities may enter into contracts with prime vendors for the
distribution of covered outpatient drugs. If a covered entity
obtains drugs directly from a manufacturer, the manufacturer shall
be responsible for the costs of distribution.
"(9) NOTICE TO MANUFACTURERS. -- The Secretary shall notify
manufacturers of covered outpatient drugs and single State
agencies under section 1902(a)(5) of the Social Security Act of
the identities of covered entities under this paragraph, and of
entities that no longer meet the requirements of paragraph (5) or
that are no longer certified pursuant to paragraph (7).
"(10) NO PROHIBITION ON LARGER DISCOUNT. -- Nothing in this
subsection shall prohibit a manufacturer from charging a price for
a drug that is lower than the maximum price that may be charged
under paragraph (1).
"(b) OTHER DEFINITIONS. -- In this section, the terms 'average
manufacturer price', 'covered outpatient drug', and 'manufacturer' have
the meaning given such terms in section 1927(k) of the Social Security
Act.
"(c) REFERENCES TO SOCIAL SECURITY ACT. -- Any reference in this
section to a provision of the Social Security Act shall be deemed to be
a reference to the provision as in effect on the date of the enactment
of this section.
"(d) COMPLIANCE WITH REQUIREMENTS. -- A manufacturer is deemed to
meet the requirements of subsection (a) if the manufacturer establishes
to the satisfaction of the Secretary that the manufacturer would comply
(and has offered to comply) with the provisions of this section (as in
effect immediately after the enactment of the Veterans Health Care Act
of 1992), as applied by the Secretary, and would have entered into an
agreement under this section (as such section was in effect at such
time), but for a legislative change in this section (or the application
of this section) after the date of the enactment of such Act.".
(b) STUDY OF TREATMENT OF CERTAIN CLINICS AS COVERED ENTITIES
ELIGIBLE FOR PRESCRIPTION DRUG DISCOUNTS. "42 USC 256b note" --
(1) STUDY. -- The Secretary of Health and Human Services shall
conduct a study of the feasibility and desirability of including
entities described in paragraph (3) as covered entities eligible
for limitations on the prices of covered outpatient drugs under
section 340B(a) of the Public Health Service Act (as added by
subsection (a)).
(2) REPORT. -- Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
Congress on the study conducted under paragraph (1), and shall
include in the report --
(A) a description of the entities that are the subject of the
study;
(B) an analysis of the extent to which such entities procure
prescription drugs; and
(C) an analysis of the impact of the inclusion of such entities
as covered entities under section 340B(a) of the Public Health
Service Act on the quality of care provided to and the health
status of the patients of such entities.
(3) ENTITIES DESCRIBED. -- An entity described in this
paragraph is an entity --
(A) receiving funds from a State for the provision of mental
health or substance abuse treatment services under subparts I or
II of part B of title XIX of the Public Health Service Act or
under title V of such Act; or
(B) receiving funds from a State under title V of the Social
Security Act for the provision of maternal and child health
services that are furnished on an outpatient basis (other than an
entity described in section 340B(a)(4)(G) of the Public Health
Service Act).
SEC. 603. LIMITATION ON PRICES OF DRUGS PROCURED BY DEPARTMENT OF
VETERANS AFFAIRS AND CERTAIN OTHER FEDERAL AGENCIES.
(a) AGREEMENTS WITH SECRETARY OF VETERANS AFFAIRS. -- (1) Subchapter
II of chapter 81 is amended by adding at the end the following new
section:
"Section 8126. Limitation on prices of drugs procured by Department
and certain other Federal agencies
"(a) Each manufacturer of covered drugs shall enter into a master
agreement with the Secretary under which --
"(1) beginning January 1, 1993, the manufacturer shall make
available for procurement on the Federal Supply Schedule of the
General Services Administration each covered drug of the
manufacturer;
"(2) with respect to each covered drug of the manufacturer
procured by a Federal agency described in subsection (b) on or
after January 1, 1993, that is purchased under depot contracting
systems or listed on the Federal Supply Schedule, the manufacturer
has entered into and has in effect a pharmaceutical pricing
agreement with the Secretary (or the Federal agency involved, if
the Secretary delegates to the Federal agency the authority to
enter into such a pharmaceutical pricing agreement) under which
the price charged during the one-year period beginning on the date
on which the agreement takes effect may not exceed 76 percent of
the non-Federal average manufacturer price (less the amount of any
additional discount required under subsection (c)) during the
one-year period ending one month before such date (or, in the case
of a covered drug for which sufficient data for determining the
non-Federal average manufacturer price during such period are not
available, during such period preceding such date as the Secretary
considers appropriate), except that such price may nominally
exceed such amount if found by the Secretary to be in the best
interests of the Department or such Federal agencies;
"(3) with respect to each covered drug of the manufacturer
procured by a State home receiving funds under section 1741 of
this title, the price charged may not exceed the price charged
under the Federal Supply Schedule at the time the drug is
procured; and
"(4) unless the manufacturer meets the requirements of
paragraphs (1), (2), and (3), the manufacturer may not receive
payment for the purchase of drugs or biologicals from --
"(A) a State plan under title XIX of the Social Security Act,
except as authorized under section 1927(a)(3) of such Act,
"(B) any Federal agency described in subsection (b), or
"(C) any entity that receives funds under the Public Health
Service Act.
"(b) The Federal agencies described in this subsection are as
follows:
"(1) The Department.
"(2) The Department of Defense.
"(3) The Public Health Service, including the Indian Health
Service.
"(c) With respect to any covered drug the price of which is
determined in accordance with a pharmaceutical pricing agreement entered
into pursuant to subsection (a)(2), for calendar quarters beginning on
or after January 1, 1993, the manufacturer shall provide a discount in
an amount equal to the amount by which the change in non-Federal price
exceeds the amount equal to --
"(1) the non-Federal average manufacturer price of the drug
during the 3-month period that ends one year before the last day
of the month preceding the month during which the contract for the
covered drug goes into effect (or, in the case of a covered drug
for which sufficient data for determining the non-Federal average
manufacturer price during such period is not available, during
such period preceding the month during which the contract goes
into effect as the Secretary considers appropriate); increased by
"(2) the percentage increase in the Consumer Price Index for
all urban consumers (U.S. city average) between the last month of
the period described in paragraph (1) and the last month preceding
the month during which the contract goes into effect for which
Consumer Price Index data is available.
"(d) In the case of a covered drug of a manufacturer that has entered
into a multi-year contract with the Secretary under subsection (a)(2)
for the procurement of the drug --
"(1) during any one-year period that follows the first year for
which the contract is in effect, the price charged may not exceed
the price charged during the preceding one-year period, increased
by the percentage increase in the Consumer Price Index for all
urban consumers (U.S. city average) between the last months of
such one-year periods for which Consumer Price Index data is
available; and
"(2) in applying subsection (c) to determine the amount of the
discount provided with respect to the drug during a year that
follows the first year for which the contract is in effect, any
reference in such subsection to 'the month during which the
contract goes into effect' shall be considered a reference to the
first month of such following year.
"(e)(1) The manufacturer of any covered drug the price of which is
determined in accordance with a pharmaceutical pricing agreement entered
into pursuant to subsection (a)(2) shall --
"(A) not later than 30 days after the first day of the last
quarter that begins before the agreement takes effect (or, in the
case of an agreement that takes effect on January 1, 1993, not
later than 30 days after the date of the enactment of this
section), report to the Secretary the non-Federal average
manufacturer price for the drug during the 1-year period that ends
on the last day of the previous quarter; and
"(B) not later than 30 days after the last day of each quarter
for which the agreement is in effect, report to the Secretary the
non-Federal average manufacturer price for the drug during such
quarter.
"(2) The provisions of subparagraphs (B) and (C) of section
1927(b)(3) of the Social Security Act shall apply to drugs described in
paragraph (1) and the Secretary in the same manner as such provisions
apply to covered outpatient drugs and the Secretary of Health and Human
Services under such subparagraphs, except that references in such
subparagraphs to prices or information reported or required under
'subparagraph (A)' shall be deemed to refer to information reported
under paragraph (1).
"(3) In order to determine the accuracy of a drug price that is
reported to the Secretary under paragraph (1), the Secretary may audit
the relevant records of the manufacturer or of any wholesaler that
distributes the drug, and may delegate the authority to audit such
records to the appropriate Federal agency described in subsection (b).
"(4) Any information contained in a report submitted to the Secretary
under paragraph (1) or obtained by the Secretary through any audit
conducted under paragraph (3) shall remain confidential, except as the
Secretary determines necessary to carry out this section and to permit
the Comptroller General and the Director of the Congressional Budget
Office to review the information provided.
"(f) The Secretary shall supply to the Secretary of Health and Human
Services --
"(1) upon the execution or termination of any master agreement,
the name of the manufacturer, and
"(2) on a quarterly basis, a list of manufacturers who have
entered into master agreements under this section, and
"(g)(1) Any reference in this section to a provision of the Social
Security Act shall be deemed to be a reference to the provision as in
effect on the date of the enactment of this section.
"(2) A manufacturer is deemed to meet the requirements of subsection
(a) if the manufacturer establishes to the satisfaction of the Secretary
that the manufacturer would comply (and has offered to comply) with the
provisions of this section (as in effect immediately after the enactment
of this section), and would have entered into an agreement under this
section (as such section was in effect at such time), but for a
legislative change in this section after the date of the enactment of
this section.
"(h) In this section:
"(1) The term 'change in non-Federal price' means, with respect
to a covered drug that is subject to an agreement under this
section, an amount equal to --
"(A) the non-Federal average manufacturer price of the drug
during the 3-month period that ends with the month preceding the
month during which a contract goes into effect (or, in the case of
a covered drug for which sufficient data for determining the
non-Federal average manufacturer price during such period is not
available, during such period as the Secretary considers
appropriate); minus
"(B) the non-Federal average manufacturer price of the drug
during the 3-month period that ends one year before the end of the
period described in subparagraph (A) (or, in the case of a covered
drug for which sufficient data for determining the non-Federal
average manufacturer price during such period is not available,
during such period preceding the period described in subparagraph
(A) as the Secretary considers appropriate).
"(2) The term 'covered drug' means --
"(A) a drug described in section 1927(k)(7)(A)(ii) of the
Social Security Act, or that would be described in such section
but for the application of the first sentence of section
1927(k)(3) of such Act;
"(B) a drug described in section 1927(k)(7)(A)(iv) of the
Social Security Act, or that would be described in such section
but for the application of the first sentence of section
1927(k)(3) of such Act;
"(C) any biological product identified under section 600.3 of
title 21, Code of Federal Regulations; or
"(D) insulin certified under section 506 of the Federal Food,
Drug, and Cosmetic Act.
"(3) The term 'depot' means a centralized commodity management system
through which covered drugs procured by an agency of the Federal
Government are --
"(A) received, stored, and delivered through --
"(i) a federally owned and operated warehouse system, or
"(ii) a commercial entity operating under contract with such
agency; or
"(B) delivered directly from the commercial source to the
entity using such covered drugs.
"(4) The term 'manufacturer' means any entity which is engaged in --
"(A) the production, preparation, propagation, compounding,
conversion, or processing of prescription drug products, either
directly or indirectly by extraction from substances of natural
origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, or
"(B) in the packaging, repackaging, labeling, relabeling, or
distribution of prescription drug products.
Such term does not include a wholesale distributor of drugs or a retail
pharmacy licensed under State law.
"(5) The term 'non-Federal average manufacturer price' means, with
respect to a covered drug and a period of time (as determined by the
Secretary), the weighted average price of a single form and dosage unit
of the drug that is paid by wholesalers in the United States to the
manufacturer, taking into account any cash discounts or similar price
reductions during that period, but not taking into account --
"(A) any prices paid by the Federal Government; or
"(B) any prices found by the Secretary to be merely nominal in
amount.
"(6) The term 'weighted average price' means, with respect to a
covered drug and a period of time (as determined by the Secretary) an
amount equal to --
"(A) the sum of the products of the average price per package
unit of each quantity of the drug sold during the period and the
number of package units of the drug sold during the period;
divided by
"(B) the total number of package units of the drug sold during
the period.".
(2) The table of sections at the beginning of such chapter is amended
by inserting after the item relating to section 8125 the following new
item:
"8126. Limitation on prices of drugs procured by Department.".
SEC. 701. SHORT TITLE.
This title may be cited as the "Persian Gulf War Veterans' Health
Status Act".
SEC. 702. PERSIAN GULF WAR VETERANS HEALTH REGISTRY.
(a) ESTABLISHMENT OF REGISTRY. -- The Secretary of Veterans Affairs
shall establish and maintain a special record to be known as the
"Persian Gulf War Veterans Health Registry" (in this section referred to
as the "Registry").
(b) CONTENTS OF REGISTRY. -- Except as provided in subsection (c),
the Registry shall include the following information:
(1) A list containing the name of each individual who served as
a member of the Armed Forces in the Persian Gulf theater of
operations during the Persian Gulf War and who --
(A) applies for care or services from the Department of
Veterans Affairs under chapter 17 of title 38, United States Code;
(B) files a claim for compensation under chapter 11 of such
title on the basis of any disability which may be associated with
such service;
(C) dies and is survived by a spouse, child, or parent who
files a claim for dependency and indemnity compensation under
chapter 13 of such title on the basis of such service;
(D) requests from the Department a health examination under
section 703; or
(E) receives from the Department of Defense a health
examination similar to the health examination referred to in
subparagraph (D) and requests inclusion in the Registry.
(2) Relevant medical data relating to the health status of, and
other information that the Secretary considers relevant and
appropriate with respect to, each individual described in
paragraph (1) who --
(A) grants to the Secretary permission to include such
information in the Registry; or
(B) at the time the individual is listed in the Registry, is
deceased.
(c) INDIVIDUALS SUBMITTING CLAIMS OR MAKING REQUESTS BEFORE DATE OF
ENACTMENT. -- If in the case of an individual described in subsection
(b)(1) the application, claim, or request referred to in such subsection
was submitted, filed, or made, before the date of the enactment of this
Act, the Secretary shall, to the extent feasible, include in the
Registry such individual's name and the data and information, if any,
described in subsection (b)(2) relating to the individual.
(d) DEPARTMENT OF DEFENSE INFORMATION. -- The Secretary of Defense
shall furnish to the Secretary of Veterans Affairs such information
maintained by the Department of Defense as the Secretary of Veterans
Affairs considers necessary to establish and maintain the Registry.
(e) RELATION TO DEPARTMENT OF DEFENSE REGISTRY. -- The Secretary of
Veterans Affairs, in consultation with the Secretary of Defense, shall
ensure that information is collected and maintained in the Registry in a
manner that permits effective and efficient cross-reference between the
Registry and the registry established under section 734 of the National
Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 105 Stat. 1411; 10 U.S.C. 1074 note), as amended by section
704.
(f) ONGOING OUTREACH TO INDIVIDUALS LISTED IN REGISTRY. -- The
Secretary of Veterans Affairs shall, from time to time, notify
individuals listed in the Registry of significant developments in
research on the health consequences of military service in the Persian
Gulf theater of operations during the Persian Gulf War.
SEC. 703. HEALTH EXAMINATIONS AND COUNSELING FOR VETERANS ELIGIBLE
FOR INCLUSION IN CERTAIN HEALTH-RELATED REGISTRIES.
(a) IN GENERAL. -- (1) The Secretary of Veterans Affairs --
(A) shall, upon the request of a veteran described in
subsection (b)(1), provide the veteran with a health examination
and consultation and counseling with respect to the results of the
examination; and
(B) may, upon the request of a veteran described in subsection
(b)(2), provide the veteran with such an examination and such
consultation and counseling.
(2) The Secretary shall carry out appropriate outreach activities
with respect to the provision of any health examinations and
consultation and counseling services under paragraph (1).
(b) COVERED VETERANS. -- (1) In accordance with subsection
(a)(1)(A), the Secretary shall provide an examination, consultation, and
counseling under that subsection to any veteran who is eligible for
listing or inclusion in the Persian Gulf War Veterans Health Registry
established by section 702.
(2) In accordance with subsection (a)(1)(B), the Secretary may
provide an examination, consultation, and counseling under that
subsection to any veteran who is eligible for listing or inclusion in
any other similar health-related registry administered by the Secretary.
SEC. 704. EXPANSION OF COVERAGE OF PERSIAN GULF REGISTRY.
(a) IN GENERAL. -- Subsections (a) and (b) of section 734 of the
National Defense Authorization Act for Fiscal Years 1992 and 1993
(Public Law 102-190; 105 Stat. 1411; 10 U.S.C. 1074 note) are amended
to read as follows:
"(a) ESTABLISHMENT OF REGISTRY. -- The Secretary of Defense shall
establish and maintain a special record (in this section referred to as
the 'Registry') relating to the following members of the Armed Forces:
"(1) Members who, as determined by the Secretary, were exposed
to the fumes of burning oil in the Operation Desert Storm theater
of operations during the Persian Gulf conflict.
"(2) Any other members who served in the Operation Desert Storm
theater of operations during the Persian Gulf conflict.
"(b) CONTENTS OF REGISTRY. -- (1) The Registry shall include --
"(A) with respect to each class of members referred to in each
of paragraphs (1) and (2) of subsection (a) --
"(i) a list containing each such member's name and other
relevant identifying information with respect to the member; and
"(ii) to the extent that data are available and inclusion of
the data is feasible, a description of the circumstances of the
member's service during the Persian Gulf conflict, including the
locations in the Operation Desert Storm theater of operations in
which such service occurred and the atmospheric and other
environmental circumstances in such locations at the time of such
service; and
"(B) with respect to the members referred to in subsection
(a)(1), a description of the circumstances of each exposure of
each such member to the fumes of burning oil as described in such
subsection (a)(1), including the length of time of the exposure.
"(2) The Secretary shall establish the Registry with the advice of an
independent scientific organization.".
(b) CONFORMING AMENDMENTS. -- (1) Subsection (c)(1) of such section
is amended by striking out "subsection (a)" and inserting in lieu
thereof "subsection (a)(1)".
(2) Subsection (d) of such section is amended by inserting "pursuant
to subsection (a)(1)" after "Registry".
SEC. 705. STUDY BY OFFICE OF TECHNOLOGY ASSESSMENT OF PERSIAN GULF
REGISTRY AND PERSIAN GULF WAR VETERANS HEALTH REGISTRY.
(a) STUDY. -- The Director of the Office of Technology Assessment
shall, in a manner consistent with the Technology Assessment Act of 1972
(2 U.S.C. 472(d)), assess --
(1) the potential utility of each of the Persian Gulf Registry
and the Persian Gulf War Veterans Health Registry for scientific
study and assessment of the intermediate and long-term health
consequences of military service in the Persian Gulf theater of
operations during the Persian Gulf War;
(2) the extent to which each registry meets the requirements of
the provisions of law under which the registry is established;
(3) the extent to which data contained in each registry --
(A) are maintained in a manner that ensures permanent
preservation and facilitates the effective, efficient retrieval of
information that is potentially relevant to the scientific study
of the intermediate and long-term health consequences of military
service in the Persian Gulf theater of operations during the
Persian Gulf War; and
(B) would be useful for scientific study regarding such health
consequences;
(4) the adequacy of any plans to update each of the registries;
(5) the extent to which the Department of Defense or the
Department of Veterans Affairs, as the case may be, is assembling
and maintaining information on the Persian Gulf theater of
operations (including information on troop locations and
atmospheric and weather conditions) in a manner that facilitates
the usefulness of, maintenance of, and retrieval of information
from, the applicable registry; and
(6) the adequacy and compatibility of protocols for the health
examinations and counseling provided under section 703 and health
examinations provided by the Department of Defense to members of
the Armed Forces for the purpose of assessing the health status of
members of the Armed Forces who served in the Persian Gulf theater
of operations during the Persian Gulf War.
(b) ACCESS TO INFORMATION. -- The Secretary of Veterans Affairs and
the Secretary of Defense shall provide the Director with access to such
records and information under the jurisdiction of each such secretary as
the Director determines necessary to permit the Director to carry out
the study required under this section.
(c) REPORTS. -- The Director shall --
(1) not later than 270 days after the date of the enactment of
this Act, submit to Congress a report on the results of the
assessment carried out under this section of the Persian Gulf
Registry and health-examination protocols; and
(2) not later than 15 months after such date, submit to
Congress a report on the results of the assessment carried out
under this section of the Persian Gulf War Veterans Health
Registry.
(d) DEFINITIONS. -- For the purposes of this section:
(1) The term "Persian Gulf Registry" means the registry
established under section 734 of the National Defense
Authorization Act for Fiscal Years 1992 and 1993 (Public Law
102-190; 105 Stat. 1411; 10 U.S.C. 1074 note), as amended by
section 704.
(2) The term "Persian Gulf War Veterans Health Registry" means
the Persian Gulf War Veterans Health Registry established under
section 702.
SEC. 706. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES FOR REVIEW OF
HEALTH CONSEQUENCES OF SERVICE DURING THE PERSIAN GULF WAR.
(a) AGREEMENT. -- (1) The Secretary of Veterans Affairs and
Secretary of Defense jointly shall seek to enter into an agreement with
the National Academy of Sciences for the Medical Follow-Up Agency (MFUA)
of the Institute of Medicine of the Academy to review existing
scientific, medical, and other information on the health consequences of
military service in the Persian Gulf theater of operations during the
Persian Gulf War.
(2) The agreement shall require MFUA to provide members of veterans
organizations and members of the scientific community (including the
Director of the Office of Technology Assessment) with the opportunity to
comment on the method or methods MFUA proposes to use in conducting the
review.
(3) The agreement shall permit MFUA, in conducting the review, to
examine and evaluate medical records of individuals who are included in
the registries referred to in section 705(d) for purposes that MFUA
considers appropriate, including the purpose of identifying illnesses of
those individuals.
(4) The Secretary of Veterans Affairs and the Secretary of Defense
shall seek to enter into the agreement under this section not later than
180 days after the date of the enactment of this Act.
(b) REPORT. -- (1) The agreement under this section shall require
the National Academy of Sciences to submit to the committees and
secretaries referred to in paragraph (2) a report on the results of the
review carried out under the agreement. Such report shall contain the
following:
(A) An assessment of the effectiveness of actions taken by the
Secretary of Veterans Affairs and the Secretary of Defense to
collect and maintain information that is potentially useful for
assessing the health consequences of the military service referred
to in subsection (a).
(B) Recommendations on means of improving the collection and
maintenance of such information.
(C) Recommendations on whether there is sound scientific basis
for an epidemiological study or studies on the health consequences
of such service, and if the recommendation is that there is sound
scientific basis for such a study or studies, the nature of the
study or studies.
(2) The committees and secretaries referred to in paragraph (1) are
the following:
(A) The Committees on Veterans' Affairs of the Senate and House
of Representatives.
(B) The Committees on Armed Services of the Senate and House of
Representatives.
(C) The Secretary of Veterans Affairs.
(D) The Secretary of Defense.
(c) FUNDING. -- (1) The Secretary of Veterans Affairs and the
Secretary of Defense shall make available up to a total of $500,000 in
fiscal year 1993, from funds available to the Department of Veterans
Affairs and the Department of Defense in that fiscal year, to carry out
the review. Any amounts provided by the two departments shall be
provided in equal amounts.
(2) If the Secretary of Veterans Affairs and the Secretary of Defense
enter into an agreement under subsection (a) with the National Academy
of Sciences --
(A) the Secretary of Veterans Affairs shall make available
$250,000 in each of fiscal years 1994 through 2003, from amounts
available to the Department of Veterans Affairs in each such
fiscal year, to the National Academy of Sciences for the general
purposes of conducting epidemiological research with respect to
military and veterans populations; and
(B) the Secretary of Defense shall make available $250,000 in
each of fiscal years 1994 through 2003, from amounts available to
the Department of Defense in each such fiscal year, to the
National Academy of Sciences for the purposes of carrying out the
research referred to in subparagraph (A).
SEC. 707. COORDINATION OF GOVERNMENT ACTIVITIES ON HEALTH-RELATED
RESEARCH ON THE PERSIAN GULF WAR.
(a) DESIGNATION OF COORDINATING ORGANIZATION. -- The President shall
designate, and may redesignate from time to time, the head of an
appropriate department or agency of the Federal Government to coordinate
all research activities undertaken or funded by the Executive Branch of
the Federal Government on the health consequences of military service in
the Persian Gulf theater of operations during the Persian Gulf War.
(b) REPORT. -- Not later than March 1 of each year, the head of the
department or agency designated under subsection (a) shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the status and results of all such research
activities undertaken or by the Executive Branch of the Federal
Government during the previous year.
SEC. 708. DEFINITION.
For the purposes of this title, the term "Persian Gulf War" has the
meaning given such term in section 101(33) of title 38, United States
Code.
SEC. 801. DISCIPLINARY PROCEDURES FOR JUDGES OF COURT OF VETERANS
APPEALS.
Section 7253(g) is amended --
(1) by inserting "(1)" after "(g)"; and
(2) by adding at the end the following:
"(2) The provisions of paragraphs (7) through (15) of section 372(c)
of title 28, regarding referral or certification to, and petition for
review in, the Judicial Conference of the United States and action
thereon, shall apply to the exercise by the Court of the powers of a
judicial council under paragraph (1) of this subsection. The grounds
for removal from office specified in subsection (f)(1) shall provide a
basis for a determination pursuant to paragraph (7) or (8) of section
372(c) of title 28, and certification and transmittal by the Conference
shall be made to the President for consideration under subsection (f).
"(3)(A) In conducting hearings pursuant to paragraph (1), the Court
may exercise the authority provided under section 1821 of title 28 to
pay the fees and allowances described in that section.
"(B) The Court shall have the power provided under section 372(c)(16)
of title 28 to award reimbursement for the reasonable expenses described
in that section. Reimbursements under this subparagraph shall be made
from funds appropriated to the Court.".
Approved November 4, 1992.
LEGISLATIVE HISTORY -- H.R. 5193 (S. 2575):
HOUSE REPORTS: No. 102-714, Pt. 1 (Comm. on Veterans' Affairs).
SENATE REPORTS: No. 102-401 accompanying S. 2575 (Comm. on Veterans'
Affairs).
CONGRESSIONAL RECORD, Vol. 138 (1992): Aug. 4, considered and passed
House. Oct. 1, considered and passed Senate, amended, in lieu of S.
2575. Oct. 5, House concurred in Senate amendments with amendments.
Oct. 8, Senate concurred in House amendments.
Public Law 102-584, 106 Stat. 4937
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 668dd note" SHORT TITLE.
This Act may be cited as the "Arkansas-Idaho Land Exchange Act of
1992".
SEC. 2. "16 USC 668dd note" FINDINGS AND PURPOSE.
(a) FINDINGS. -- Congress finds that --
(1) the Potlatch Corporation has offered to the United States
Government an exchange of lands under which Potlatch would receive
approximately 17,625 acres of scattered tracts of Federal lands in
the State of Idaho in return for conveying to the United States
lands owned by Potlatch consisting of approximately 40,922 acres
of undisturbed bottomland hardwood lands in the State of Arkansas
and appproximately 1,170 acres of lands with important
recreational and fisheries values in the State of Idaho;
(2) the lands in Arkansas that Potlatch has offered to convey
to the United States are surrounded by Federal and State lands on
the Cache and White Rivers which are designated as a "Wetland of
International Importance" under the Convention on Wetlands of
International Importance (commonly referred to as the "Ramsar
Convention"), one of only 10 areas in the United States so
designated;
(3) acquisition of these lands by the United States will remove
the lands from sustained timber production and other development
in the heart of this critical wetland ecosystem;
(4) the lands Potlatch has offered to convey to the United
States will qualify for inclusion as a Wetland of International
Importance under the Ramsar Convention;
(5) the lands Potlatch has offered to convey to the United
States are outstanding fish and wildlife habitat and should
continue to be made available for activities such as public
hunting, fishing, trapping, nature observation, enjoyment, and
education;
(6) the lands the United States would convey to Potlatch do not
contain comparable fish, wildlife, or wetland values;
(7) appraisals of all lands to be conveyed in the exchange have
been completed; and
(8) the United States and Potlatch have agreed to the values
and boundaries of all lands to be conveyed in the exchange and
concur that the lands to be conveyed by Potlatch and the lands to
be conveyed by the United States are of equal value.
(b) PURPOSE. -- The purpose of this Act is to authorize and require
the Secretary and the Secretary of Agriculture to participate in an
exchange of lands that will provide environmental and economic benefits
to the States of Arkansas and Idaho and to the Nation.
SEC. 3. "16 USC 668dd note" EXCHANGE.
(a) INTER-AGENCY LAND TRANSFERS. --
(1) TRANSFERS BETWEEN SECRETARY AND SECRETARY OF AGRICULTURE.
--
(A) TRANSFER TO SECRETARY OF AGRICULTURE. -- Notwithstanding
the provisions of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.), not later than 30 days after the
date of the enactment of this Act, the Secretary shall transfer to
the jurisdiction of the Secretary of Agriculture for inclusion in
the National Forest System approximately 9,114 acres of public
lands in the State of Idaho, as identified upon a map entitled
"Arkansas-Idaho Exchange -- Idaho Lands", dated July 1992 and
available for inspection in appropriate offices of the Secretary.
(B) TRANSFER TO SECRETARY OF AGRICULTURE. -- Subsequent to the
exchange required by subsection (b), the Secretary shall transfer
to the Secretary of Agriculture for inclusion in the National
Forest System approximately 891 acres of public lands in the State
of Idaho identified for postexchange transfer upon the map
referenced in subparagraph (A).
(2) TRANSFER TO SECRETARY. -- Not later than 30 days after the
date of the enactment of this Act, the Secretary of Agriculture
shall transfer to the Secretary for conveyance to Potlatch
pursuant to subsection (b), approximately 7,979 acres of lands
within the National Forest System in the State of Idaho, as
identified upon the map referenced in subparagraph (A).
(b) EXCHANGE OF LANDS. --
(1) IN GENERAL. -- Notwithstanding the provisions of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), within 60 days after the date of the enactment of this Act,
the Secretary shall convey to Potlatch, in accordance with the
provisions of the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd-668ee) and subject to paragraph (2)
and any valid existing rights, approximately 17,625 acres of
public lands in the State of Idaho identified for transfer to
Potlatch on the map referenced in subsection (a)(1)(A) in exchange
for lands owned by Potlatch consisting of --
(A) approximately 40,921 acres in the State of Arkansas, as
depicted for transfer to the United States upon a map entitled
"Arkansas-Idaho Land Exchange -- Arkansas Lands," dated July 1992
and available for inspection in appropriate offices of the
Secretary, and
(B) approximately, 1,170 acres in the State of Idaho, as
identified for transfer to the United States upon the map
referenced in subsection (a)(1)(A).
(2) LIMITATION. -- The Secretary may not convey any lands to
Potlatch under this subsection unless title to the lands to be
conveyed by Potlatch in exchange is in accordance with the
Department of Justice standards for the preparation of title
evidence in land acquisitions by the United States.
(c) GENERAL PROVISIONS. --
(1) MAPS CONTROLLING. -- To ensure the management benefits of
consolidating isolated tracts of lands, any conflict between a
number of acres of lands referred to in this Act and a depiction
of the lands on a map referenced in this Act shall be resolved in
favor of the map.
(2) CANCELLATION. -- Prior to implementation of the exchange
required by subsection (b), if Potlatch notifies the Secretary in
writing that it no longer intends to complete the exchange, the
lands referenced in subsection (a) shall revert to their status as
of the day before the date of enactment of this Act, and shall be
managed in accordance with applicable management plans.
(3) FINAL MAPS. -- Not later than 6 months after the
conclusion of the exchange required by subsection (b), the
Secretary shall transmit maps accurately depicting the lands
transferred and conveyed pursuant to this Act and the acreages and
legal descriptions of such lands to the Committee on Interior and
Insular Affairs and the Committee on Merchant Marine and Fisheries
of the House of Representatives and the Committee on Energy and
Natural Resources and the Committee on Environment and Public
Works of the Senate.
(4) WITHDRAWAL. -- Subject to valid existing rights, the lands
depicted for conveyance to Potlatch on the map referenced in
subsection (a)(1)(A) are withdrawn from all forms of entry an
appropriation under the public land laws (including the mining
laws) and from operation of the mineral leasing and geothermal
leasing laws effective upon the date of the enactment of this Act.
Such withdrawal shall terminate on the date of completion of the
exchange required by subsection (b) or on the date of any
notification by Potlatch of a decision not to complete the
exchange pursuant to paragraph (2).
(5) POWER SITE RESERVATIONS. -- The following Executive Orders
shall have no effect insofar as they involve the following
described lands:
(A) The Executive order dated July 2, 1910, which established
Powersite Reserve No. 91, with respect to those lands at Boise
Meridian, T. 45 N., R. 4 E., Sec. 18, SW1/4NE1/4, comprising
approximately 40 acres.
(B) The Executive order dated July 2, 1910, which established
Powersite Reserve No. 106, with respect to those lands at Boise
Meridian, T. 32 N., R. 5 E., Sec. 14, W1/2NE1/4NE and
SE1/4NE1/4NE1/4, comprising approximately 30 acres.
(C) The Executive order dated August 31, 1917, which
established Power Reservation No. 654, with respect to those lands
at Boise Meridian, T. 48 N., R. 1 W., Sec. 3, SE1/4NE1/4,
comprising approximately forty acres, and T. 46 N., R. 2 W., Sec.
14, lot 1, comprising approximately 28.15 acres.
(6) INDEMNITY LIST CLASSIFICATION ORDER. -- Bureau of Land
Management Indemnity List Classification Orders on public lands to
be conveyed to Potlatch as required by subsection (b) are hereby
removed from such classification.
(7) CONVEYANCE DOCUMENTS; BEFORE SURVEY. -- Lands to be
conveyed by the United States pursuant to subsection (b) on which
any boundary is required to be surveyed in order to describe
remaining public lands shall be conveyed by an interim conveyance.
An interim conveyance under this paragraph shall convey to and
vest in the recipient the same right, title, and interest in and
to such lands as the recipient would have received in a patent
issued pursuant to this Act. Upon completion of the survey, the
Secretary shall issue a patent for such lands. The boundaries of
such lands shall be those which were defined in and conveyed by
the interim conveyance, except that the boundaries shall be
corrected and redescribed in the patent, where necessary, as a
result of the survey of such lands.
SEC. 4. "16 USC 668dd note" USE OF ACQUIRED LANDS.
(a) NATIONAL WILDLIFE REFUGE SYSTEM. --
(1) ADDITION TO THE SYSTEM. -- The Secretary shall add the
lands conveyed to the United States in Arkansas pursuant to
section 3(b), to the Cache River and White River National Wildlife
Refuges, as depicted upon the map described in such section. The
Secretary shall manage such lands in accordance with the
provisions of the National Wildlife Refuge System Administration
Act of 1966 (16 U.S.C. 668dd-668ee).
(2) PLAN PREPARATION. -- Within 24 months after the completion
of the exchange required by section 3(b), the Secretary shall
prepare and implement a single refuge management plan for the
Cache River and White River Refuges, as expanded by this Act.
Such plan shall recognize the important public purposes served by
nonconsumptive activities, other recreational activities, and
wildlife-related public use, including hunting, fishing, and
trapping. The plan shall permit, to the maximum extent
practicable, such uses to the extent that they are consistent with
sound wildlife management and in accordance with the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
6688dd-668ee) and other applicable law. Any regulations
promulgated by the Secretary with respect to fishing, hunting, and
trapping on those lands shall, to the extent practicable, be
consistent with State fish and wildlife laws and regulations. In
preparing the management plan and regulations, the Secretary shall
consult with the Arkansas Game and Fish Commission.
(3) INTERIM USE OF LANDS. --
(A) IN GENERAL. -- Except as provided in subparagraph (B),
during the period beginning on the date of the completion of the
exchange of lands under subsection 3(b) and ending on the first
date of the implementation of the plan prepared under paragraph
(2), the Secretary shall administer all lands added to the Cache
River and White River National Wildlife Refuges pursuant to this
Act in accordance with the National Wildlife Refuges System
Administration Act of 1966 (16 U.S.C. 668d-668ee) and other
applicable law.
(B) HUNTING SEASONS. -- During the period described in
subparagraph (A), the duration of any hunting seasons on the lands
referred to in subsection (a) shall comport with State law.
(b) PUBLIC LANDS. --
(1) STATUS. -- Except as provided in section 3(a)(1)(B), the
lands referred to in section 3(b)(1)(B) shall be public lands, as
defined in section 103(e) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), and shall be
managed in accordance with the provisions of such Act.
(2) GRANDMOTHER MOUNTAIN AREA. -- Subject to valid existing
rights, those Federal and non-Federal lands within the Grandmother
Mountain Wilderness Study Area which are transferred to the
jurisdiction of the Forest Service pursuant to section 3(b) shall
be managed so as to preserve their suitability for designation as
wilderness, pursuant to section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)), until the Congress
determines otherwise. Nothing in this Act shall be construed as
permitting or prohibiting continued use of motorized vehicles on
existing routes within such area at the level of such use as was
permitted on August 1, 1992.
(3) PLAN AMENDMENTS AND ENVIRONMENTAL ANALYSIS. -- Within 24
months after the completion of the exchange under section 3(b),
the Secretary and the Secretary of Agriculture shall prepare
amendments to applicable resource management plans and
accompanying documents pursuant to section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712), section 6 of
the Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604), and section 102(2) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)) for lands in Idaho conveyed
to the United States pursuant to section 3(b).
SEC. 5. "16 USC 668dd note" DEFINITIONS.
For purposes of this Act, the term --
(1) "Potlatch" means the Potlatch Corporation, chartered in the
State of Delaware;
(2) "Secretary" means the Secretary of the Interior; and
(3) "lands" means both the surface and subsurface estates
whenever both estates are owned by the United States or Potlatch,
as applicable.
SEC. 6. OUACHITA NATIONAL FOREST BOUNDARY ADJUSTMENT.
(a) IN GENERAL. -- The boundaries of the Ouachita National Forest
are hereby adjusted to include those lands generally depicted on the map
entitled "Proposed Proclamation Boundary Extension, East End of Lake
Ouachita" and dated August 3, 1992.
(b) MAP AND LEGAL DESCRIPTION. -- The map described in subsection
(a) and a legal description of the lands depicted on the map shall be on
file and available for public inspection in the appropriate offices of
the Forest Service, United States Department of Agriculture. Not later
than 90 days after the date of enactment of this Act, the Secretary of
Agriculture shall prepare a legal description of the lands depicted on
the map referred to in subsection (a). Such map and legal descriptions
shall have the same force and effect as if included in this Act, except
that the Secretary may correct clerical and typographical errors.
(c) RULE OF CONSTRUCTION. -- For the purpose of section 7 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the
boundaries of the Ouachita National Forest, as adjusted by this Act,
shall be considered to be the boundaries of such forest as of January 1,
1965.
Approved November 2, 1992.
LEGISLATIVE HISTORY -- S. 2572:
HOUSE REPORTS: No. 102-931, Pt. 1 (Comm. on Merchant Marine and
Fisheries), Pt. 2 (Comm. on Agriculture), and Pt. 3 (Comm. on Interior
and Insular Affairs).
SENATE REPORTS: No. 102-371 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 138 (1992): Sept. 10, considered and
passed Senate. Sept. 29, considered and passed House, amended. Oct. 7,
Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): Nov.
2, Presidential statement.
Public Law 102-583, 106 Stat. 4914
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "22 USC 2151 note" SHORT TITLE.
This Act may be cited as the "International Narcotics Control Act of
1992".
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. Authorizations of appropriations.
Sec. 4. Amendments relating to certain authorities and requirements.
Sec. 5. Annual reporting and certification requirements.
Sec. 6. Technical, conforming, and other amendments; repeal of
obsolete provisions.
Sec. 7. Exemption of narcotics-related military assistance for
fiscal years 1993 and 1994 from prohibition on assistance for law
enforcement agencies.
Sec. 8. Waiver of restrictions for narcotics-related economic
assistance.
Sec. 9. Transfers of excess defense articles for counternarcotics
purposes.
Sec. 10. Participants in international military education and
training programs.
Sec. 11. Definition of appropriate congressional committees.
Sec. 12. Export-Import Bank financing of sales of defense articles
or services.
SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.
Section 482(a)(1) of the Foreign Assistance Act of 1961 "22 USC
2291a" is amended by striking out "$115,000,000 for fiscal year 1990"
and inserting in lieu thereof "$147,783,000 for fiscal year 1993 and
$171,500,000 for fiscal year 1994".
SEC. 4. AMENDMENTS RELATING TO CERTAIN AUTHORITIES AND REQUIREMENTS.
(a) POLICY STATEMENT. -- Section 481 of the Foreign Assistance Act
of 1961 "22 USC 2291" is amended by striking out the section designation
and section heading and subsection (a)(1) and inserting in lieu thereof
the following:
"SEC. 481. POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN POLICE
ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.
"(a) POLICY AND GENERAL AUTHORITIES. --
"(1) STATEMENTS OF POLICY. -- (A) International narcotics
trafficking poses an unparalleled transnational threat in today's
world, and its suppression is among the most important foreign
policy objectives of the United States.
"(B) Under the Single Convention on Narcotic Drugs, 1961, and
under the United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances, the parties are
required to criminalize certain drug-related activities, provide
appropriately severe penalties, and cooperate in the extradition
of accused offenders.
"(C) International narcotics control programs should include,
as priority goals, the suppression of the illicit manufacture of
and trafficking in narcotic and psychotropic drugs, money
laundering, and precursor chemical diversion, and the progressive
elimination of the illicit cultivation of the crops from which
narcotic and psychotropic drugs are derived.
"(D) The international community should provide assistance,
where appropriate, to those producer and transit countries which
require assistance in discharging these primary obligations.
"(E) The objective of the United States in dealing with the
problem of international money laundering is to ensure that
countries adopt comprehensive domestic measures against money
laundering and cooperate with each other in narcotics money
laundering investigations, prosecutions, and related forfeiture
actions.
"(F) Effective international cooperation is necessary to
control the illicit cultivation, production, and smuggling of,
trafficking in, and abuse of narcotic and psychotropic drugs.".
(b) AUTHORITY TO CONCLUDE AGREEMENTS. -- Section 481(a)(2) of that
Act "22 USC 2291" is amended by inserting ", including reciprocal
maritime agreements," after "agreements".
(c) COORDINATION OF ALL UNITED STATES ANTINARCOTICS ASSISTANCE TO
FOREIGN COUNTRIES. -- Section 481(b) of that Act is amended to read as
follows:
"(b) COORDINATION OF ALL UNITED STATES ANTINARCOTICS ASSISTANCE TO
FOREIGN COUNTRIES. --
"(1) RESPONSIBILITY OF SECRETARY OF STATE. -- Consistent with
subtitle A of title I of the Anti-Drug Abuse Act of 1988, the
Secretary of State shall be responsible for coordinating all
assistance provided by the United States Government to support
international efforts to combat illicit narcotics production or
trafficking.
"(2) RULE OF CONSTRUCTION. -- Nothing contained in this
subsection or section 489(b) shall be construed to limit or impair
the authority or responsibility of any other Federal agency with
respect to law enforcement, domestic security operations, or
intelligence activities as defined in Executive Order 12333.".
(d) MARITIME LAW ENFORCEMENT IN ARCHIPELAGIC WATERS. -- Section
481(c)(4) of that Act is amended by inserting "or archipelagic waters"
after "sea".
(e) PROCUREMENT OF WEAPONS AND AMMUNITION. -- Section 482(b) of that
Act "22 USC 2291a" is amended to read as follows:
"(b) PROCUREMENT OF WEAPONS AND AMMUNITION. --
"(1) PROHIBITION. -- Except as provided in paragraph (2),
funds made available to carry out this chapter shall not be made
available for the procurement of weapons or ammunition.
"(2) EXCEPTIONS. -- Paragraph (1) shall not apply with respect
to funds for the procurement of --
"(A) weapons or ammunition provided only for the defensive
arming of aircraft used for narcotics-related purposes, or
"(B) firearms and related ammunition provided only for
defensive purposes to employees or contract personnel of the
Department of State engaged in activities under this chapter,
if, at least 15 days before obligating those funds, the
President notifies the appropriate congressional committees in
accordance with the procedures applicable to reprogramming
notifications under section 634A.".
(f) REQUIREMENTS RELATING TO AIRCRAFT AND OTHER EQUIPMENT. --
(1) RETENTION OF TITLE. -- Section 484 of that Act "22 USC
2291c" is amended to read as follows:
"SEC. 484. REQUIREMENTS RELATING TO AIRCRAFT AND OTHER EQUIPMENT.
"(a) RETENTION OF TITLE TO AIRCRAFT. --
"(1) IN GENERAL. -- (A) Except as provided in paragraph (2),
any aircraft made available to a foreign country under this
chapter, or made available to a foreign country primarily for
narcotics-related purposes under any other provision of law, shall
be provided only on a lease or loan basis.
"(B) Subparagraph (A) applies to aircraft made available at any
time after October 27, 1986 (which was the date of enactment of
the International Narcotics Control Act of 1986).
"(2) EXCEPTIONS. -- (A) Paragraph (1) shall not apply to the
extent that --
"(i) the application of that paragraph with respect to
particular aircraft would be contrary to the national interest of
the United States; and
"(ii) the President notifies the appropriate congressional
committees in accordance with the procedures applicable to
reprogramming notifications under section 634A.
"(B) Paragraph (1) does not apply with respect to aircraft made
available to a foreign country under any provision of law that
authorizes property that has been civilly or criminally forfeited
to the United States to be made available to foreign countries.
"(3) ASSISTANCE FOR LEASING OF AIRCRAFT. -- (A) For purposes
of satisfying the requirement of paragraph (1), funds made
available for the 'Foreign Military Financing Program' under
section 23 of the Arms Export Control Act may be used to finance
the leasing of aircraft under chapter 6 of that Act.
"(B) Section 61(a)(3) of that Act shall not apply with respect
to leases so financed; rather the entire cost of any such lease
(including any renewals) shall be an initial, one time payment of
the amount which would be the sales price for the aircraft if they
were sold under section 21(a)(1)(B) or section 22 of that Act (as
appropriate).
"(C) To the extent that aircraft so leased were acquired under
chapter 5 of that Act, funds used pursuant to this paragraph to
finance such leases shall be credited to the Special Defense
Acquisition Fund under chapter 5 of that Act (excluding the amount
of funds that reflects the charges described in section 21(e)(1)
of that Act). The funds described in the parenthetical clause of
the preceding sentence shall be available for payments consistent
with sections 37(a) and 43(b) of that Act.".
(2) PERMISSIBLE USES OF AIRCRAFT AND OTHER EQUIPMENT. --
Chapter 8 of part I of that Act is amended --
(A) by striking out the section designation and section heading
of section 489 "22 USC 2291h";
(B) in subsection (a) of section 489, by striking out "IN
GENERAL" and inserting in lieu thereof "PERMISSIBLE USES OF
AIRCRAFT AND OTHER EQUIPMENT";
(C) in subsection (b) of section 489 by striking out
"subsection (e)" and inserting in lieu thereof "section 489(a)";
(D) by redesignating subsections (a) and (b) of section 489 as
subsections (b) and (c) of section 484 "22 USC 2291h, 2291c" and
inserting those subsections after subsection (a) of section 484
(as amended by paragraph (1) of this subsection); and
(E) by repealing subsections (c) and (d) of section 489.
(3) RECORDS OF AIRCRAFT USE. -- Section 485 of that Act "22
USC 2291d" is amended by striking out "Secretary of State" both
places it appears and inserting in lieu thereof "President".
(g) ACQUISITION OF REAL PROPERTY; CONSTRUCTION OF FACILITIES. --
Section 488 of that Act "22 USC 2291g" is amended to read as follows:
"SEC. 488. LIMITATIONS ON ACQUISITION OF REAL PROPERTY AND
CONSTRUCTION OF FACILITIES.
"(a) ACQUISITION OF REAL PROPERTY. --
"(1) PROHIBITION. -- Funds made available to carry out this
chapter may not be used to acquire (by purchase or other means)
any land or other real property for use by foreign military,
paramilitary, or law enforcement forces.
"(2) EXCEPTION FOR CERTAIN LEASES. -- Paragraph (1) shall not
apply to the acquisition of real property by lease of a duration
not to exceed 2 years.
"(3) REPORT. -- The Secretary of State shall provide to the
Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate within 30 days
after the end of each quarter of the fiscal year a detailed report
on all leases entered into pursuant to paragraph (2), including
the cost and duration of such lease, a description of the property
leased, and the purpose for which such lease was entered into.
"(b) CONSTRUCTION OF FACILITIES. --
"(1) LIMITATION. -- Funds made available to carry out this
chapter may not be used for construction of facilities for use by
foreign military, paramilitary, or law enforcement forces unless,
at least 15 days before obligating funds for such construction,
the President notifies the appropriate congressional committees in
accordance with procedures applicable to reprogramming
notifications under section 634A.
"(2) EXCEPTION. -- Paragraph (1) shall not apply to the
construction of facilities which would require the obligation of
less than $750,000 under this chapter.".
SEC. 5. ANNUAL REPORTING AND CERTIFICATION REQUIREMENTS.
(a) REVISION OF REQUIREMENTS FOR FISCAL YEARS 1993 AND 1994. --
Chapter 8 of part I of the Foreign Assistance Act of 1961, as amended by
the preceding section of this Act, is amended by adding at the end the
following:
"SEC. 489. "22 USC 2291h" REPORTING REQUIREMENTS FOR FISCAL YEARS
1993 AND 1994.
"(a) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT. -- Not later
than April 1 of each year, the President shall transmit to the Speaker
of the House of Representatives, and to the Committee on Foreign
Relations of the Senate, a report containing the following:
"(1) For each country that received assistance under this
chapter for either of the 2 preceding fiscal years, a report on
the extent to which the country has --
"(A) met the goals and objectives of the United Nations
Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, including action on such issues as
illicit cultivation, production, distribution, sale, transport,
and financing, and money laundering, asset seizure, extradition,
mutual legal assistance, law enforcement and transit cooperation,
precursor chemical control, and demand reduction;
"(B) accomplished the goals described in an applicable
bilateral narcotics agreement with the United States or a
multilateral agreement; and
"(C) taken legal and law enforcement measures to prevent and
punish public corruption, especially by senior government
officials, that facilitates the production, processing, or
shipment of narcotic and psychotropic drugs and other controlled
substances, or that discourages the investigation or prosecution
of such acts.
"(2)(A) A description of the policies adopted, agreements
concluded, and programs implemented by the Department of State in
pursuit of its delegated responsibilities for international
narcotics control, including appropriate information on the status
of negotiations between the United States and other countries on
updated extradition treaties, mutual legal assistance treaties,
precursor chemical controls, money laundering, and agreements
pursuant to section 2015 of the International Narcotics Act of
1986 (relating to interdiction procedures for vessels of foreign
registry).
"(B) Information on multilateral and bilateral strategies with
respect to money laundering pursued by the Department of State,
the Department of Justice, the Department of the Treasury, and
other relevant United States Government agencies, either
collectively or individually, to ensure the cooperation of foreign
governments with respect to narcotics-related money laundering and
to demonstrate that all United States Government agencies are
pursuing a common strategy with respect to major money laundering
countries. The report shall include specific detail to
demonstrate that all United States Government agencies are
pursuing a common strategy with respect to achieving international
cooperation against money laundering and are pursuing a common
strategy with respect to major money laundering countries,
including a summary of United States objectives on a
country-by-country basis.
"(3) The identity of those countries which are --
"(A) major illicit drug producing countries or major
drug-transit countries as determined under section 490(h);
"(B) the significant direct or indirect sources of narcotics
and psychotropic drugs and other controlled substances
significantly affecting the United States;
"(C) major sources of precursor chemicals used in the
production of illicit narcotics; or
"(D) major money laundering countries.
"(4) In addition, for each country identified pursuant to
paragraph (3), the following:
"(A) A description of the plans, programs, and timetables
adopted by such country, including efforts to meet the objectives
of the United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances, and a discussion of
the adequacy of the legal and law enforcement measures taken and
the accomplishments achieved in accord with those plans.
"(B) Whether as a matter of government policy or practice, such
country encourages or facilitates the illicit production or
distribution of narcotic or psychotropic drugs or other controlled
substances or the laundering of proceeds from illegal drug
transactions; and whether any senior official of the government
of such country engages in, encourages, or facilitates the illicit
production or distribution of such drugs or substances, or the
laundering of proceeds from illegal drug transactions.
"(5) In addition, for each country identified pursuant to
paragraph (3)(A) or (3)(B), a detailed status report, with such
information as can be reliably obtained, on the narcotic or
psychotropic drugs or other controlled substances which are being
cultivated, produced, or processed in or transported through such
country, noting significant changes in conditions, such as
increases or decreases in the illicit cultivation and manufacture
of and traffic in such drugs and substances.
"(6) In addition, for those countries identified pursuant to
paragraph (3)(C) --
"(A) which countries are parties to international agreements on
a method for maintaining records of transactions of an established
list of precursor and essential chemicals;
"(B) which countries have established a procedure by which such
records may be made available to United States law enforcement
authorities; and
"(C) which countries have enacted national chemical control
legislation which would impose specific recordkeeping and
reporting requirements for listed chemicals, establish a system of
permits or declarations for imports and exports of listed
chemicals, and authorize government officials to seize or suspend
shipments of listed chemicals.
"(7) In addition, for those countries identified pursuant to
paragraph (3)(D) the following:
"(A)(i) Which countries have financial institutions engaging in
currency transactions involving international narcotics
trafficking proceeds that include significant amounts of United
States currency or currency derived from illegal drug sales in the
United States or that otherwise significantly affect the United
States;
"(ii) which countries identified pursuant to clause (i) have
not reached agreement with the United States authorities on a
mechanism for exchanging adequate records in connection with
narcotics investigations and proceedings; and
"(iii) which countries identified pursuant to clause (ii) --
"(I) are negotiating in good faith with the United States to
establish such a record-exchange mechanism, or
"(II) have adopted laws or regulations that ensure the
availability to appropriate United States Government personnel and
those of other governments of adequate records in connection with
narcotics investigations and proceedings.
"(B) Which countries --
"(i) have ratified the United Nations Convention Against
Illicit Traffic in Narcotic Drugs and Psychotropic Substances and
are taking steps to implement that Convention and other applicable
agreements and conventions such as the recommendations of the
Financial Action Task Force, the policy directive of the European
Community, the legislative guidelines of the Organization of
American States, and other similar declarations; and
"(ii) have entered into bilateral agreements for the exchange
of information on money-laundering with countries other than the
United States.
"(C) Findings on each country's adoption of law and regulations
considered essential to prevent narcotics-related money
laundering. Such findings shall include whether a country has --
"(i) criminalized narcotics money laundering;
"(ii) required banks and other financial institutions to know
and record the identity of customers engaging in significant
transactions, including the recording of large currency
transactions at thresholds appropriate to that country's economic
situation;
"(iii) required banks and other financial institutions to
maintain, for an adequate time, records necessary to reconstruct
significant transactions through financial institutions in order
to be able to respond quickly to information requests from
appropriate government authorities in narcotics-related money
laundering cases;
"(iv) required or allowed financial institutions to report
suspicious transactions;
"(v) established systems for identifying, tracing, freezing,
seizing, and forfeiting narcotics-related assets;
"(vi) enacted laws for the sharing of seized narcotics assets
with other governments;
"(vii) cooperated, when requested, with appropriate law
enforcement agencies of other governments investigating financial
crimes related to narcotics; and
"(viii) addressed the problem on international transportation
of illegal-source currency and monetary instruments.
The report shall also detail instances of refusals to cooperate
with foreign governments, and any actions taken by the United
States Government and any international organization to address
such obstacles, including the imposition of sanctions or
penalties.
"(b) ANNUAL REPORTS ON ASSISTANCE. --
"(1) IN GENERAL. -- At the time that the report required by
subsection (a) is submitted each year, the Secretary of State, in
consultation with appropriate United States Government agencies,
shall report to the appropriate committees of the Congress on the
assistance provided or proposed to be provided by the United
States Government during the preceding fiscal year, the current
fiscal year, and the next fiscal year to support international
efforts to combat illicit narcotics production or trafficking.
"(2) INFORMATION TO BE INCLUDED. -- Each report pursuant to
this subsection shall --
"(A) specify the amount and nature of the assistance provided
or to be provided;
"(B) include, for each country identified in subsection
(a)(3)(A), information from the Drug Enforcement Administration,
the Customs Service, and the Coast Guard describing in detail --
"(i) the assistance provided or to be provided to such country
by that agency, and
"(ii) the assistance provided or to be provided to that agency
by such country,
with respect to narcotic control efforts during the preceding
fiscal year, the current fiscal year, and the next fiscal year;
and
"(C) list all transfers, which were made by the United States
Government during the preceding fiscal year, to a foreign country
for narcotics control purposes of any property seized by or
otherwise forfeited to the United States Government in connection
with narcotics-related activity, including an estimate of the fair
market value and physical condition of each item of property
transferred.
"(c) DEFINITIONS. -- As used in this section --
"(1) the term 'precursor chemical' has the same meaning as the
term 'listed chemical' has under paragraph (33) of section 102 of
the Controlled Substances Act (21 U.S.C. 902(33)); and
"(2) the term 'major money laundering country' means a country
whose financial institutions engage in currency transactions
involving significant amounts of proceeds from international
narcotics trafficking.
"(d) EFFECTIVE DATES OF SECTIONS. -- This section applies only
during fiscal years 1993 and 1994. Section 489A does not apply during
those fiscal years.
"SEC. 489A. "22 USC 2291i" REPORTING REQUIREMENTS APPLICABLE AFTER
SEPTEMBER 30, 1994.
"(a) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT. --
"(1) REQUIREMENT FOR REPORT. -- Not later than March 1 of each
year, the President shall transmit to the Speaker of the House of
Representatives, and to the Committee on Foreign Relations of the
Senate, a report on United States policy to establish and
encourage an international strategy to prevent the illicit
cultivation and manufacture of and traffic in narcotic and
psychotropic drugs and other controlled substances.
"(2) CONTENTS. -- Each report pursuant to this subsection
shall include the following:
"(A) A description of the policies adopted, agreements
concluded, and programs implemented by the Department of State in
pursuit of its delegated responsibilities for international
narcotics control, including policy development, bilateral and
multilateral funding and other support for international narcotics
control projects, representations of the United States Government
to international organizations and agencies concerned with
narcotics control, training of foreign enforcement personnel,
coordination of the international narcotics control activities of
United States Government agencies, and technical assistance to
international demand reduction programs.
"(B) A description of the activities of the United States in
international financial institutions to combat the entry of
narcotic and psychotropic drugs and other controlled substances
into the United States for the fiscal year just ended, for the
current fiscal year, and for the next fiscal year.
"(C) The identity of those countries which are the significant
direct or indirect sources of narcotic and psychotropic drugs and
other controlled substances significantly affecting the United
States. For each such country, each report shall include the
following:
"(i) A detailed status report, with such information as can be
reliably obtained, on the narcotic or psychotropic drugs or other
controlled substances which are being cultivated, produced, or
processed in or transported through such country, noting
significant changes in conditions, such as increases or decreases
in the illicit cultivation and manufacture of and traffic in such
drugs and substances.
"(ii) A description of the assistance under this chapter and
the other kinds of United States assistance which such country
received in the preceding fiscal year, which are planned for such
country for the current fiscal year, and which are proposed for
such country for the next fiscal year, with an analysis of the
impact that the furnishing of each such kind of assistance has had
or is expected to have on the illicit cultivation and manufacture
of and traffic in narcotic and psychotropic drugs and other
controlled substances in such country.
"(iii) A description of the plans, programs, and timetables
adopted by such country for the progressive elimination of the
illicit cultivation of narcotic and psychotropic drugs and other
controlled substances, and a discussion of the adequacy of the
legal and law enforcement measures taken and the accomplishments
achieved in accord with these plans.
"(iv) A discussion of the extent to which such country has
cooperated with United States narcotics control efforts through
the extradition or prosecution of drug traffickers, and, where
appropriate, a description of the status of negotiations with such
country to negotiate a new or updated extradition treaty relating
to narcotics offenses.
"(D) For each major illicit drug producing country for which
the President is proposing to furnish United States assistance for
the next fiscal year, a determination by the President of the
maximum reductions in illicit drug production which are achievable
during the next fiscal year. Each such determination shall be
expressed in numerical terms, such as the number of acres of
illicitly cultivated controlled substances which can be
eradicated.
"(E) For each major illicit drug producing country which
received United States assistance for the preceding fiscal year,
the actual reductions in illicit drug production achieved by that
country during such fiscal year.
"(F) Specific comments and recommendations by appropriate
Federal agencies involved in drug enforcement, including the
United States Customs Service and the Drug Enforcement
Administration, with respect to the degree to which countries
listed in the report have, during the preceding year, cooperated
fully with such agencies (as described in section 490A(b)).
"(G) A description of the United States assistance for the
preceding fiscal year which was denied, pursuant to section 490 or
490A, to each major illicit drug producing country and each major
drug-transit country.
"(b) MIDYEAR REPORT. -- Not later than September 1 of each year, the
President shall transmit to the Speaker of the House of Representatives,
and to the Committee on Foreign Relations of the Senate, a complete and
detailed midyear report on the activities and operations carried out
under this chapter prior to such date. Such midyear report shall
include the status of each agreement concluded prior to such date with
other countries to carry out this chapter.
"(c) ANNUAL REPORTS ON ASSISTANCE. --
"(1) IN GENERAL. -- At the time that the report required by
subsection (a) is submitted each year, the Secretary of State, in
consultation with appropriate United States Government agencies,
shall report to the appropriate committees of the Congress on the
assistance provided by the United States Government during the
preceding fiscal year to support international efforts to combat
illicit narcotics production or trafficking.
"(2) INFORMATION TO BE INCLUDED. -- Each report pursuant to
this subsection shall --
"(A) specify the amount and nature of the assistance provided;
"(B) include, for each country which is a significant direct or
indirect source of narcotic and psychotropic drugs and other
controlled substances significantly affecting the United States, a
section prepared by the Drug Enforcement Administration, a section
prepared by the Customs Service, and a section prepared by the
Coast Guard, which describes in detail --
"(i) the assistance provided or to be provided (as the case may
be) to such country by that agency, and
"(ii) the assistance provided or to be provided (as the case
may be) to that agency by such country,
with respect to narcotic control efforts during the preceding
fiscal year, the current fiscal year, and the next fiscal year;
and
"(C) list all transfers, which were made by the United States
Government during the preceding fiscal year, to a foreign country
for narcotics control purposes of any property seized by or
otherwise forfeited to the United States Government in connection
with narcotics-related activity, including an estimate of the fair
market value and physical condition of each item of property
transferred.
"SEC. 490. "22 USC 2291j" ANNUAL CERTIFICATION PROCEDURES FOR FISCAL
YEARS 1993 AND 1994.
"(a) WITHHOLDING OF BILATERAL ASSISTANCE AND OPPOSITION TO
MULTILATERAL DEVELOPMENT ASSISTANCE. --
"(1) BILATERAL ASSISTANCE. -- Fifty percent of the United
States assistance allocated each fiscal year in the report
required by section 653 for each major illicit drug producing
country or major drug-transit country (as determined under
subsection (h)) shall be withheld from obligation and expenditure,
except as provided in subsection (b). This paragraph shall not
apply with respect to a country if the President determines that
its application to that country would be contrary to the national
interest of the United States, except that any such determination
shall not take effect until at least 15 days after the President
submits written notification of that determination to the
appropriate congressional committees in accordance with the
procedures applicable to reprogramming notifications under section
634A.
"(2) MULTILATERAL ASSISTANCE. -- The Secretary of the Treasury
shall instruct the United States Executive Director of each
multilateral development bank to vote, on and after April 1 of
each year, against any loan or other utilization of the funds of
their respective institution to or for any major illicit drug
producing country or major drug-transit country (as determined
under subsection (h)), except as provided in subsection (b). For
purposes of this paragraph, the term 'multilateral development
bank' means the International Bank for Reconstruction and
Development, the International Development Association, the
Inter-American Development Bank, the Asian Development Bank, the
African Development Bank, and the European Bank for Reconstruction
and Development.
"(b) CERTIFICATION PROCEDURES. --
"(1) WHAT MUST BE CERTIFIED. -- Subject to subsection (d), the
assistance withheld from a country pursuant to subsection (a)(1)
may be obligated and expended, and the requirement of subsection
(a)(2) to vote against multilateral development bank assistance to
a country shall not apply, if the President determines and
certifies to the Congress, at the time of the submission of the
report required by section 489(a), that --
"(A) during the previous year the country has cooperated fully
with the United States, or has taken adequate steps on its own, to
achieve full compliance with the goals and objectives established
by the United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances; or
"(B) for a country that would not otherwise qualify for
certification under subparagraph (A), the vital national interests
of the United States require that the assistance withheld pursuant
to subsection (a)(1) be provided and that the United States not
vote against multilateral development bank assistance for that
country pursuant to subsection (a)(2).
"(2) CONSIDERATIONS REGARDING COOPERATION. -- In making the
determination described in paragraph (1)(A), the President shall
consider the extent to which the country has --
"(A) met the goals and objectives of the United Nations
Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, including action on such issues as
illicit cultivation, production, distribution, sale, transport and
financing, and money laundering, asset seizure, extradition,
mutual legal assistance, law enforcement and transit cooperation,
precursor chemical control, and demand reduction;
"(B) accomplished the goals described in an applicable
bilateral narcotics agreement with the United States or a
multilateral agreement; and
"(C) taken legal and law enforcement measures to prevent and
punish public corruption, especially by senior government
officials, that facilitates the production, processing, or
shipment of narcotic and psychotropic drugs and other controlled
substances, or that discourages the investigation or prosecution
of such acts.
"(3) INFORMATION TO BE INCLUDED IN NATIONAL INTEREST
CERTIFICATION. -- If the President makes a certification with
respect to a country pursuant to paragraph (1)(B), the President
shall include in such certification --
"(A) a full and complete description of the vital national
interests placed at risk if United States bilateral assistance to
that country is terminated pursuant to this section and
multilateral development bank assistance is not provided to such
country; and
"(B) a statement weighing the risk described in subparagraph
(A) against the risks posed to the vital national interests of the
United States by the failure of such country to cooperate fully
with the United States in combating narcotics or to take adequate
steps to combat narcotics on its own.
"(c) LICIT OPIUM PRODUCING COUNTRIES. -- The President may make a
certification under subsection (b)(1)(A) with respect to a major illicit
drug producing country, or major drug-transit country, that is a
producer of licit opium only if the President determines that such
country has taken adequate steps to prevent significant diversion of its
licit cultivation and production into the illicit market, maintains
production and stockpiles at levels no higher than those consistent with
licit market demand, and prevents illicit cultivation and production.
"(d) CONGRESSIONAL REVIEW. -- Subsection (e) shall apply if, within
45 calendar days after receipt of a certification submitted under
subsection (b) at the time of submission of the report required by
section 489(a), the Congress enacts a joint resolution disapproving the
determination of the President contained in such certification.
"(e) DENIAL OF ASSISTANCE FOR COUNTRIES DECERTIFIED. -- If the
President does not make a certification under subsection (b) with
respect to a country or the Congress enacts a joint resolution
disapproving such certification, then until such time as the conditions
specified in subsection (f) are satisfied --
"(1) funds may not be obligated for United States assistance
for that country, and funds previously obligated for United States
assistance for that country may not be expended for the purpose of
providing assistance for that country; and
"(2) the requirement to vote against multilateral development
bank assistance pursuant to subsection (a)(2) shall apply with
respect to that country, without regard to the date specified in
that subsection.
"(f) RECERTIFICATION. -- Subsection (e) shall apply to a country
described in that subsection until --
"(1) the President, at the time of submission of the report
required by section 489(a), makes a certification under subsection
(b)(1)(A) or (b)(1)(B) with respect to that country, and the
Congress does not enact a joint resolution under subsection (d)
disapproving the determination of the President contained in that
certification; or
"(2) the President, at any other time, makes the certification
described in subsection (b)(1)(B) with respect to that country,
except that this paragraph applies only if either --
"(A) the President also certifies that --
"(i) that country has undergone a fundamental change in
government, or
"(ii) there has been a fundamental change in the conditions
that were the reason --
"(I) why the President had not made a certification with
respect to that country under subsection (b)(1)(A), or
"(II) if he had made such a certification and the Congress
enacted a joint resolution disapproving the determination
contained in the certification, why the Congress enacted that
joint resolution; or
"(B) the Congress enacts a joint resolution approving the
determination contained in the certification under subsection
(b)(1)(B).
Any certification under subparagraph (A) of paragraph (2) shall discuss
the justification for the certification.
"(g) CONGRESSIONAL REVIEW PROCEDURES. --
"(1) SENATE. -- Any joint resolution under this section shall
be considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and Arms
Export Control Act of 1976.
"(2) HOUSE OF REPRESENTATIVES. -- For the purpose of
expediting the consideration and enactment of joint resolutions
under this section, a motion to proceed to the consideration of
any such joint resolution after it has been reported by the
appropriate committee shall be treated as highly privileged in the
House of Representatives.
"(h) DETERMINING MAJOR DRUG-TRANSIT AND MAJOR ILLICIT DRUG PRODUCING
COUNTRIES FOR FISCAL YEARS 1993 AND 1994. -- Not later than January 1
of each year, the President shall notify the appropriate committees of
the Congress of which countries have been determined to be major
drug-transit countries, and which countries have been determined to be
major illicit drug producing countries, for purposes of this Act.
"(i) EFFECTIVE DATES OF SECTIONS. -- This section applies only
during fiscal years 1993 and 1994. During those fiscal years, section
490A does not apply and the definitions provided in section 481(e)(2)
and (5) do not apply.
"SEC. 490A. "22 USC 2291k" ANNUAL CERTIFICATION PROCEDURES AFTER
SEPTEMBER 30, 1994.
"(a) WITHHOLDING OF BILATERAL ASSISTANCE AND OPPOSITION TO
MULTILATERAL DEVELOPMENT ASSISTANCE. --
"(1) BILATERAL ASSISTANCE. -- Fifty percent of the United
States assistance allocated each fiscal year in the report
required by section 653 for each major illicit drug producing
country or major drug-transit country shall be withheld from
obligation and expenditure, except as provided in subsection (b).
"(2) MULTILATERAL ASSISTANCE. -- The Secretary of the Treasury
shall instruct the United States Executive Director of each
multilateral development bank to vote, on and after March 1 of
each year, against any loan or other utilization of the funds of
their respective institution to or for any major illicit drug
producing country or major drug-transit country, except as
provided in subsection (b). For purposes of this paragraph, the
term 'multilateral development bank' means the International Bank
for Reconstruction and Development, the International Development
Association, the Inter-American Development Bank, the Asian
Development Bank, the African Development Bank, and the European
Bank for Reconstruction and Development.
"(b) CERTIFICATION PROCEDURE. --
"(1) WHAT MUST BE CERTIFIED. -- Subject to subsection (d), the
assistance withheld from a country pursuant to subsection (a)(1)
may be obligated and expended, and the requirement of subsection
(a)(2) to vote against multilateral development bank assistance to
a country shall not apply, if the President determines and
certifies to the Congress, at the time of the submission of the
report required by section 489A(a), that --
"(A) during the previous year the country has cooperated fully
with the United States, or has taken adequate steps on its own --
"(i) in satisfying the goals agreed to in an applicable
bilateral narcotics agreement with the United States (as described
in paragraph (2)) or a multilateral agreement which achieves the
objectives of paragraph (2),
"(ii) in preventing narcotic and psychotropic drugs and other
controlled substances produced or processed, in whole or in part,
in such country or transported through such country, from being
sold illegally within the jurisdiction of such country to United
States Government personnel or their dependents or from being
transported, directly or indirectly, into the United States,
"(iii) in preventing and punishing the laundering in that
country of drug-related profits or drug-related moneys, and
"(iv) in preventing and punishing bribery and other forms of
public corruption which facilitate the production, processing, or
shipment of narcotic and psychotropic drugs and other controlled
substances, or which discourage the investigation and prosecution
of such acts; or
"(B) for a country that would not otherwise qualify for
certification under subparagraph (A), the vital national interests
of the United States require that the assistance withheld pursuant
to subsection (a)(1) be provided and that the United States not
vote against multilateral development bank assistance for that
country pursuant to subsection (a)(2).
"(2) BILATERAL NARCOTICS AGREEMENT. -- A bilateral narcotics
agreement referred to in paragraph (1)(A)(i) is an agreement
between the United States and a foreign country in which the
foreign country agrees to take specific activities, including,
where applicable, efforts to --
"(A) reduce drug production, drug consumption, and drug
trafficking within its territory, including activities to address
illicit crop eradication and crop substitution;
"(B) increase drug interdiction and enforcement;
"(C) increase drug treatment;
"(D) increase the identification of and elimination of illicit
drug laboratories;
"(E) increase the identification of, and elimination of
trafficking in, essential precursor chemicals for use in the
illicit production of narcotic and psychotropic drugs and other
controlled substances;
"(F) increase cooperation with United States drug enforcement
officials; and
"(G) where applicable, increase participation in extradition
treaties, mutual legal assistance provisions directed at money
laundering, sharing of evidence, and other initiatives for
cooperative drug enforcement.
"(3) REQUIREMENT FOR NARCOTICS AGREEMENT FOR CERTAIN COUNTRIES.
-- A country which in the previous year was designated as a major
illicit drug producing country or a major drug-transit country may
not be determined to be cooperating fully under paragraph (1)(A)
unless it has in place a bilateral narcotics agreement with the
United States or a multilateral agreement which achieves the
objectives of paragraph (2).
"(4) INFORMATION TO BE INCLUDED IN CERTIFICATION. -- If the
President makes a certification with respect to a country pursuant
to paragraph (1)(B), the President shall include in such
certification --
"(A) a full and complete description of the vital national
interests placed at risk if United States bilateral assistance to
that country is terminated pursuant to this section and
multilateral development bank assistance is not provided to such
country; and
"(B) a statement weighing the risk described in subparagraph
(A) against the risks posed to the vital national interests of the
United States by the failure of such country to cooperate fully
with the United States in combating narcotics or to take adequate
steps to combat narcotics on its own.
"(5) LICIT OPIUM PRODUCING COUNTRIES. -- The President may
make a certification under paragraph (1)(A) with respect to a
major illicit drug producing country, or major drug-transit
country, that is a producer of licit opium only if the President
determines that such country has taken adequate steps to prevent
significant diversion of its licit cultivation and production into
the illicit market, maintains production and stockpiles at levels
no higher than those consistent with licit market demand, and
prevents illicit cultivation and production.
"(c) MATTERS TO BE CONSIDERED. -- In determining whether to make the
certification required by subsection (b) with respect to a country, the
President shall consider the following:
"(1) Have the actions of the government of that country
resulted in the maximum reductions in illicit drug production
which were determined to be achievable pursuant to section
489A(a)(2)(D)? In the case of a major illicit drug producing
country, the President shall give foremost consideration, in
determining whether to make the determination required by
subsection (b)(1)(A), to whether the government of that country
has taken actions which have resulted in such reductions.
"(2) Has that government taken the legal and law enforcement
measures to enforce in its territory, to the maximum extent
possible, the elimination of illicit cultivation and the
suppression of illicit manufacturing of and trafficking in
narcotic and psychotropic drugs and other controlled substances,
as evidenced by seizures of such drugs and substances and of
illicit laboratories and the arrest and prosecution of violators
involved in the traffic in such drugs and substances significantly
affecting the United States?
"(3) Has that government taken the legal and law enforcement
steps necessary to eliminate, to the maximum extent possible, the
laundering in that country of drug-related profits or drug-related
moneys, as evidenced by --
"(A) the enactment and enforcement by that government of laws
prohibiting such conduct;
"(B) that government entering into, and cooperating under the
terms of, mutual legal assistance agreements with the United
States governing (but not limited to) money laundering; and
"(C) the degree to which that government otherwise cooperates
with United States law enforcement authorities on anti-money
laundering efforts?
"(4) Has that government taken the legal and law enforcement
steps necessary to eliminate, to the maximum extent possible,
bribery and other forms of public corruption which facilitate the
illicit production, processing, or shipment of narcotic and
psychotropic drugs and other controlled substances, or which
discourage the investigation and prosecution of such acts, as
evidenced by the enactment and enforcement of laws prohibiting
such conduct?
"(5) Has that government, as a matter of government policy or
practice, encouraged or facilitated the illicit production or
distribution of narcotic and psychotropic drugs and other
controlled substances?
"(6) Does any senior official of that government engage in,
encourage, or facilitate the illicit production or distribution of
narcotic and psychotropic drugs and other controlled substances?
"(7) Has that government investigated aggressively all cases in
which any member of an agency of the United States Government
engaged in drug enforcement activities has been the victim, since
January 1, 1985, of acts or threats of violence, inflicted by or
with the complicity of any law enforcement or other officer of
such country or any political subdivision thereof, and
energetically sought to bring the perpetrators of such offense or
offenses to justice?
"(8) Having been requested to do so by the United States
Government, does that government fail to provide reasonable
cooperation to lawful activities of United States drug enforcement
agents, including the refusal of permission to such agents engaged
in interdiction of aerial smuggling into the United States to
pursue suspected aerial smugglers a reasonable distance into the
airspace of the requested country?
"(9) Has that government made necessary changes in legal codes
in order to enable law enforcement officials to move more
effectively against narcotics traffickers, such as new conspiracy
laws and new asset seizure laws?
"(10) Has that government expeditiously processed United States
extradition requests relating to narcotics trafficking?
"(11) Has that government refused to protect or give haven to
any known drug traffickers, and has it expeditiously processed
extradition requests relating to narcotics trafficking made by
other countries?
"(d) CONGRESSIONAL REVIEW. -- Subsection (e) shall apply if, within
45 days of continuous session (within the meaning of section 601(b)(1)
of the International Security Assistance and Arms Export Control Act of
1976) after receipt of a certification under subsection (b), the
Congress enacts a joint resolution disapproving the determination of the
President contained in such certification.
"(e) DENIAL OF ASSISTANCE FOR COUNTRIES DECERTIFIED. -- If the
President does not make a certification under subsection (b) with
respect to a country or the Congress enacts a joint resolution
disapproving such certification, then until such time as the conditions
specified in subsection (f)(1) are satisfied --
"(1) funds may not be obligated for United States assistance
for that country, and funds previously obligated for United States
assistance for that country may not be expended for the purpose of
providing assistance for that country; and
"(2) the requirement to vote against multilateral development
bank assistance pursuant to subsection (a)(2) shall apply with
respect to that country, without regard to the date specified in
that subsection.
"(f) RECERTIFICATION. --
"(1) TIME OF RECERTIFICATION; CONGRESSIONAL ACTION. --
Subsection (e) shall apply to a country described in that
subsection until --
"(A) the President makes a certification under subsection (b)
with respect to that country, and the Congress does not enact a
joint resolution under subsection (d) disapproving the
determination of the President contained in that certification;
or
"(B) the President submits, at any other time, a certification
described in subparagraph (A) or (B) of subsection (b)(1) with
respect to such country, and the Congress enacts a joint
resolution approving the determination of the President contained
in that certification.
"(2) CONGRESSIONAL REVIEW PROCEDURES. -- (A) Any joint
resolution under this section shall be considered in the Senate in
accordance with the provisions of section 601(b) of the
International Security Assistance and Arms Export Control Act of
1976.
"(B) For the purpose of expediting the consideration and
enactment of joint resolutions under this section, a motion to
proceed to the consideration of any such joint resolution after it
has been reported by the appropriate committee shall be treated as
highly privileged in the House of Representatives.
"(g) DETERMINING MAJOR DRUG-TRANSIT AND MAJOR ILLICIT DRUG PRODUCING
COUNTRIES AFTER SEPTEMBER 30, 1994. --
"(1) ESTABLISHMENT OF GUIDELINES. -- For each calendar year,
the Secretary of State, after consultation with the appropriate
committees of the Congress, shall establish numerical standards
and other guidelines for determining which countries will be
considered to be major drug-transit countries under subparagraphs
(A) and (B) of section 481(e)(5).
"(2) NOTICE TO CONGRESS OF PRELIMINARY STANDARDS. -- Not later
than September 1 of each year, the Secretary of State shall make a
preliminary determination of the numerical standards and other
guidelines to be used pursuant to paragraph (1) with respect to
that year and shall notify the appropriate committees of the
Congress of those standards and guidelines.
"(3) NOTICE TO CONGRESS OF PRELIMINARY DETERMINATIONS. -- Not
later than October 1 of each year, the Secretary of State shall
notify the appropriate committees of the Congress of --
"(A) which countries have been determined to be major
drug-transit countries for that year under the numerical standards
and other guidelines developed pursuant to this subsection; and
"(B) which countries have been determined to be major illicit
drug producing countries for that year.".
(b) DEFINITION OF UNITED STATES ASSISTANCE. -- Paragraph (4) of
section 481(i) of that Act "22 USC 2291" is amended to read as follows:
"(4) the term 'United States assistance' means --
"(A) any assistance under this Act (including programs under
title IV of chapter 2, relating to the Overseas Private Investment
Corporation), other than --
"(i) assistance under this chapter,
"(ii) any other narcotics-related assistance under this part
(including chapter 4 of part II), but any such assistance provided
under this clause shall be subject to the prior notification
procedures applicable to reprogrammings pursuant to section 634A
of this Act,
"(iii) disaster relief assistance, including any assistance
under chapter 9 of this part,
"(iv) assistance which involves the provision of food
(including monetization of food) or medicine, and
"(v) assistance for refugees;
"(B) sales, or financing on any terms, under the Arms Export
Control Act;
"(C) the provision of agricultural commodities, other than
food, under the Agricultural Trade Development and Assistance Act
of 1954; and
"(D) financing under the Export-Import Bank Act of 1945;".
SEC. 6. TECHNICAL, CONFORMING, AND OTHER AMENDMENTS; REPEAL OF
OBSOLETE PROVISIONS.
(a) STATUTORY REFERENCES TO ANNUAL REPORTS, CERTIFICATIONS, AND
DEFINITIONS. -- After September 30, 1994, any reference in any
provision of law to section 489 or 490 "22 USC 2291h note" of the
Foreign Assistance Act of 1961 shall be deemed to be a reference to the
corresponding provision of section 489A or 490A, respectively, unless
the context requires otherwise. Any reference in any provision of law
enacted before the date of enactment of this Act to section 481(e) or
section 481(i) of that Act shall be deemed to be a reference to section
489 or section 481(e) (as amended by subsection (b)(3) of this section),
respectively; and any reference in any provision of law enacted before
the date of enactment of this Act to section 481(h) of that Act shall be
deemed, as of October 1, 1992, to be a reference to section 490.
(b) TECHNICAL AND CONFORMING AMENDMENTS TO FOREIGN ASSISTANCE ACT.
-- Chapter 8 of part I of the Foreign Assistance Act of 1961 is amended
as follows:
(1) Section 481(d)(3) "22 USC 2291" is amended by striking out
"subsection (e)" and inserting in lieu thereof "section 489(a)".
(2) Subsections (e), (f), (g), (h), (j), and (k) of section 481
are repealed.
(3) Subsection (i) of section 481 is amended by striking out
"(i) As used in this section -- " and inserting in lieu thereof
"(e) DEFINITIONS. -- Except as provided in sections 490(h) and
(i) with respect to the definition of major illicit drug producing
country and major drug-transit country, for purposes of this
chapter and other provisions of this Act relating specifically to
international narcotics matters -- ".
(4) Subsection (c) of section 482 "22 USC 2291a" is repealed,
and subsection (d) of that section is redesignated as subsection
(c).
(5) Section 486 "22 USC 2291e" is amended --
(A) in subsection (a), in the text preceding paragraph (1), by
striking out "481(h)" and inserting in lieu thereof "490"; and
(B) in subsection (b), by striking out "(relating to foreign
military sales financing)" and inserting in lieu thereof
"(relating to the 'Foreign Military Financing Program')".
(6) Section 487(a)(1) "22 USC 2291f" is amended by striking out
"(as defined in section 481(i)(3) of this Act)".
(c) CONFORMING AMENDMENTS TO EXPORT-IMPORT BANK ACT. -- Section
2(b)(6) of the Export-Import Bank Act of 1945 "12 USC 635" is amended --
(1) in subparagraph (B)(iii), by striking out "481(h)(5)" and
inserting in lieu thereof "490(e)"; and
(2) in subparagraph (C)(ii), by striking out "defined in
section 481(i)" and inserting in lieu thereof "determined under
section 490(h) or 481(e), as appropriate,".
(d) AMENDMENT TO 1989 DRUG ACT. -- Section 3 of the International
Narcotics Control Act of 1989 "22 USC 2291 note" is amended by adding at
the end the following:
"(j) CERTAIN FUNDING LIMITATIONS. -- The dollar limitations
specified in subsections (c)(1) and (d)(1) shall not apply after the
date of enactment of this subsection.".
(e) REPEAL OF OBSOLETE PROVISIONS. --
(1) 1988 DRUG ACT. -- All sections of the International
Narcotics Control Act of 1988 (which is title IV of the Anti-Drug
Abuse Act of 1988) are repealed except for sections 4001, 4306,
4308, 4309, 4501, 4702, and 4804. Section 4501(b) "102 Stat.
4261; 22 USC 2291-3" of that Act is amended by striking out
"Section 4601 "22 USC 2291-2" of this title" and inserting in lieu
thereof "Section 489(b) of the Foreign Assistance Act of 1961".
(2) 1986 DRUG ACT. -- All sections of the International
Narcotics Control Act of 1986 (which is title II of the Anti-Drug
Abuse Act of 1986) are repealed except for sections 2001, 2010,
2015, 2018, and 2029 "100 Stat. 3207-60; 22 USC 2291 note,
2291-1".
SEC. 7. "22 USC 2420 note" EXEMPTION OF NARCOTICS-RELATED MILITARY
ASSISTANCE FOR FISCAL YEARS 1993 AND 1994 FROM PROHIBITION ON ASSISTANCE
FOR LAW ENFORCEMENT AGENCIES.
(a) EXEMPTION. -- For fiscal years 1993 and 1994, section 660 of the
Foreign Assistance Act of 1961 shall not apply with respect to --
(1) transfers of excess defense articles under section 517 of
that Act;
(2) funds made available for the "Foreign Military Financing
Program" under section 23 of the Arms Export Control Act that are
used for assistance provided for narcotics-related purposes; or
(3) international military education and training under chapter
5 of part II of the Foreign Assistance Act of 1961 that is
provided for narcotics-related purposes.
(b) NOTIFICATION TO CONGRESS. -- At least 15 days before any
transfer under subsection (a)(1) or any obligation of funds under
subsection (a)(2) or (a)(3), the President shall notify the appropriate
congressional committees in accordance with the procedures applicable to
reprogramming notifications under section 634A of the Foreign Assistance
Act of 1961.
(c) COORDINATION WITH INTERNATIONAL NARCOTICS CONTROL ASSISTANCE
PROGRAM. -- Assistance provided pursuant to this section shall be
coordinated with international narcotics control assistance under
chapter 8 of part I of the Foreign Assistance Act of 1961.
SEC. 8. "22 USC 2151 note" WAIVER OF RESTRICTIONS FOR
NARCOTICS-RELATED ECONOMIC ASSISTANCE.
For fiscal years 1992 through 1994, narcotics-related assistance
under part I of the Foreign Assistance Act of 1961 may be provided
notwithstanding any provision of law that restricts assistance to
foreign countries (other than section 490(e) of that Act) if, at least
15 days before obligating funds for such assistance, the President
notifies the appropriate congressional committees in accordance with the
procedures applicable to reprogramming notifications under section 634A
of that Act.
SEC. 9. TRANSFERS OF EXCESS DEFENSE ARTICLES FOR COUNTERNARCOTICS
PURPOSES.
(a) CHANGES IN AUTHORITIES. -- Section 517 of the Foreign Assistance
Act of 1961 "22 USC 2321k" is amended --
(1) in the section heading, by striking out "MILITARY
CAPABILITIES OF CERTAIN MAJOR ILLICIT DRUG PRODUCING" and
inserting in lieu thereof "COUNTERNARCOTICS CAPABILITIES OF
CERTAIN";
(2) in subsection (a)(1), by striking out "(as defined in
section 481(i)(2))" and inserting in lieu thereof "or a major
drug-transit country";
(3) in subsection (b) --
(A) by inserting "and local law enforcement agencies" after
"military forces";
(B) by striking out "with local law enforcement agencies" and
inserting in lieu thereof "cooperatively"; and
(C) by striking out "(as defined in section 481(i)(3))";
(4) in subsection (d), by striking out "4601 of the
International Narcotics Control Act of 1988" and inserting in lieu
thereof "481(b) of this Act";
(5) in subsection (i), by striking out "30" and inserting in
lieu thereof "15"; and
(6) by adding at the end the following:
"(j) LIMITATION ON USE OF OTHER AUTHORITIES TO TRANSFER EXCESS
DEFENSE ARTICLES. -- The transfer authority provided in sections 518
and 519 may not be exercised with respect to any major illicit drug
producing country or major drug-transit country in Latin America or the
Caribbean.
"(k) EXCESS COAST GUARD PROPERTY. -- As used in this section, the
term 'excess defense articles' shall be deemed to include excess
property of the Coast Guard, and the term 'Department of Defense' shall
be deemed, with respect to such excess property, to include the Coast
Guard.".
(b) EXCLUSION OF CONSTRUCTION EQUIPMENT FROM DEFINITION OF EXCESS
DEFENSE ARTICLES. -- Section 644(g) of that Act "22 USC 2403" is
amended by inserting "(other than construction equipment, including
tractors, scrapers, loaders, graders, bulldozers, dump trucks,
generators, and compressors)" after "articles" the second place it
appears.
SEC. 10. PARTICIPANTS IN INTERNATIONAL MILITARY EDUCATION AND
TRAINING PROGRAMS.
Section 541 of the Foreign Assistance Act of 1961 "22 USC 2347" is
amended --
(1) by inserting ", and may also include legislators," after
"ministries of defense"; and
(2) by striking out "or (iii)" and inserting in lieu thereof
"(iii) contribute to cooperation between military and law
enforcement personnel with respect to counternarcotics law
enforcement efforts, or (iv)".
SEC. 11. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
(a) FOREIGN ASSISTANCE ACT AMENDMENTS. -- Section 481(e) of the
Foreign Assistance Act of 1961, "22 USC 2291" as amended by the
preceding provisions of this Act, is amended --
(1) by striking out the period at the end of paragraph (5) and
inserting in lieu thereof"; and"; and
(2) after paragraph (5) insert the following:
"(6) the term 'appropriate congressional committees' means the
Committee on Foreign Affairs and the Committee on Appropriations
of the House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate.".
(b) FREE-STANDING PROVISIONS OF THIS ACT. "22 USC 2151 note" -- As
used in this Act, the term "appropriate congressional committees" has
the definition given that term by section 481(e)(6) of the Foreign
Assistance Act of 1961 (as added by subsection (a) of this section).
SEC. 12. EXPORT-IMPORT BANK FINANCING OF SALES OF DEFENSE ARTICLES
OR SERVICES.
(a) EXTENSION OF AUTHORITY. -- Section 2(b)(6) of the Export-Import
Bank Act of 1945 "12 USC 635" is amended by striking out "1992" in
subparagraph (B)(vi) and inserting in lieu thereof "1997".
(b) ADDITIONAL CRITERIA FOR NATIONAL INTEREST WAIVER. -- Section
2(b)(6)(D)(i) of that Act is amended by striking out "and" at the end of
subclause (I), by redesignating subclause (II) as subclause (III), and
by inserting after subclause (I) the following:
"(II) the President determines, after consultation with the
Assistant Secretary of State for Human Rights and Humanitarian
Affairs, that the purchasing country has complied with all
restrictions imposed by the United States on the end use of any
defense articles or services for which a guarantee or insurance
was provided under subparagraph (B), and has not used any such
defense articles or services to engage in a consistent pattern of
gross violations of internationally recognized human rights;
and".
(c) CONFORMING AMENDMENTS. --
(1) EXPORT-IMPORT BANK ACT. -- Section 2(b)(6) of that Act is
amended --
(A) in subparagraph (A), "12 USC 635" by striking out
"designated" and all that follows through the end of the
subparagraph and inserting in lieu thereof ", except as otherwise
provided in subparagraph (B).";
(B) in subparagraph (B) --
(i) by striking out ", and section 32 of the Arms Export
Control Act,"; and
(ii) in clause (v), by striking out "and services" and
inserting in lieu thereof "or services";
(C) in subparagraph (D)(i)(III), as so redesignated by
subsection (b) of this section, by striking out "determination
has" and inserting in lieu thereof "determinations have"; and
(D) in subparagraph (D)(ii), by striking out "sentence" and
inserting in lieu thereof "clause".
(2) ARMS EXPORT CONTROL ACT. -- The Arms Export Control Act is
amended by repealing section 32 "22 USC 2772".
(d) AVOIDANCE OF DUPLICATIVE AMENDMENTS. -- If an Act is enacted
during 1992 entitled "An Act to reauthorize the Export-Import Bank of
the United States" that contains amendments identical to amendments made
by this section, the amendments contained in this section that are
identical to the amendments contained in that Act shall not be
effective.
Approved November 2, 1992.
LEGISLATIVE HISTORY -- H.R. 6187:
CONGRESSIONAL RECORD, Vol. 138 (1992): Oct. 5, considered and passed
House. Oct. 7, considered and passed Senate.
Public Law 102-582, 106 Stat. 4900
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 1801 note" SHORT TITLE.
This Act may be cited as the "High Seas Driftnet Fisheries
Enforcement Act".
SEC. 2. "16 USC 1826a note" FINDINGS AND POLICY.
(a) FINDINGS. -- Congress makes the following findings:
(1) Large-scale driftnet fishing on the high seas is highly
destructive to the living marine resources and ocean ecosystems of
the world's oceans, including anadromous fish and other living
marine resources of the United States.
(2) The cumulative effects of large-scale driftnet fishing pose
a significant threat to the marine ecosystem, and slow-reproducing
species like marine mammals, sharks, and seabirds may require many
years to recover.
(3) Members of the international community have reviewed the
best available scientific data on the impacts of large-scale
pelagic driftnet fishing, and have failed to conclude that this
practice has no significant adverse impacts which threaten the
conservation and sustainable management of living marine
resources.
(4) The United Nations, via General Assembly Resolutions
numbered 44-225, 45-197, and most recently 46-215 (adopted on
December 20, 1991), has called for a worldwide moratorium on all
high seas driftnet fishing by December 31, 1992, in all the
world's oceans, including enclosed seas and semi-enclosed seas.
(5) The United Nations has commended the unilateral, regional,
and international efforts undertaken by members of the
international community and international organizations to
implement and support the objectives of the General Assembly
resolutions.
(6) Operative paragraph (4) of United Nations General Assembly
Resolution numbered 46-215 specifically "encourages all members of
the international community to take measures individually and
collectively to prevent large-scale pelagic driftnet fishing
operations on the high seas of the world's oceans and seas".
(7) The United States, in section 307(1)(M) of the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1857(1)(M)),
has specifically prohibited the practice of large-scale driftnet
fishing by United States nationals and vessels both within the
exclusive economic zone of the United States and beyond the
exclusive economic zone of any nation.
(8) The Senate, through Senate Resolution 396 of the One
Hundredth Congress (approved on March 18, 1988), has called for a
moratorium on fishing in the Central Bering Sea and the United
States has taken concrete steps to implement such moratorium
through international negotiations.
(9) Despite the continued evidence of a decline in the fishery
resources of the Bering Sea and the multiyear cooperative
negotiations undertaken by the United States, the Russian
Federation, Japan, and other concerned fishing nations, some
nations refuse to agree to measures to reduce or eliminate
unregulated fishing practices in the waters of the Bering Sea
beyond the exclusive economic zones of the United States and the
Russian Federation.
(10) In order to ensure that the global moratorium on
large-scale driftnet fishing called for in United Nations General
Assembly Resolution numbered 46-215 takes effect by December 31,
1992, and that unregulated fishing practices in the waters of the
Central Bering Sea are reduced or eliminated, the United States
should take the actions described in this Act and encourage other
nations to take similar action.
(b) POLICY. -- It is the stated policy of the United States to --
(1) implement United Nations General Assembly Resolution
numbered 46-215, approved unanimously on December 20, 1991, which
calls for an immediate cessation to further expansion of
large-scale driftnet fishing, a 50 percent reduction in existing
large-scale driftnet fishing effort by June 30, 1992, and a global
moratorium on the use of large-scale driftnets beyond the
exclusive economic zone of any nation by December 31, 1992;
(2) bring about a moratorium on fishing in the Central Bering
Sea, or an international conservation and management agreement to
which the United States and the Russian Federation are parties
that regulates fishing in the Central Bering Sea; and
(3) secure a permanent ban on the use of destructive fishing
practices, and in particular large-scale driftnets, by persons or
vessels fishing beyond the exclusive economic zone of any nation.
SEC. 101. "16 USC 1826a" DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR
HIGH SEAS LARGE-SCALE DRIFTNET FISHING.
(a) DENIAL OF PORT PRIVILEGES. --
(1) PUBLICATION OF LIST. -- Not later than 30 days after the
date of enactment of this Act and periodically thereafter, the
Secretary of Commerce, in consultation with the Secretary of
State, shall publish a list of nations whose nationals or vessels
conduct large-scale driftnet fishing beyond the exclusive economic
zone of any nation.
(2) DENIAL OF PORT PRIVILEGES. -- The Secretary of the
Treasury shall, in accordance with recognized principles of
international law --
(A) withhold or revoke the clearance required by section 4197
of the Revised Statutes of the United States (46 App. U.S.C. 91)
for any large-scale driftnet fishing vessel that is documented
under the laws of the United States or of a nation included on a
list published under paragraph (1); and
(B) deny entry of that vessel to any place in the United States
and to the navigable waters of the United States.
(3) NOTIFICATION OF NATION. -- Before the publication of a
list of nations under paragraph (1), the Secretary of State shall
notify each nation included on that list regarding --
(A) the effect of that publication on port privileges of
vessels of that nation under paragraph (1); and
(B) any sanctions or requirements, under this Act or any other
law, that may be imposed on that nation if nationals or vessels of
that nation continue to conduct large-scale driftnet fishing
beyond the exclusive economic zone of any nation after December
31, 1992.
(b) SANCTIONS. --
(1) IDENTIFICATIONS. --
(A) INITIAL IDENTIFICATIONS. -- Not later than January 10,
1993, the Secretary of Commerce shall --
(i) identify each nation whose nationals or vessels are
conducting large-scale driftnet fishing beyond the exclusive
economic zone of any nation; and
(ii) notify the President and that nation of the identification
under clause (i).
(B) ADDITIONAL IDENTIFICATIONS. -- At any time after January
10, 1993, whenever the Secretary of Commerce has reason to believe
that the nationals or vessels of any nation are conducting
large-scale driftnet fishing beyond the exclusive economic zone of
any nation, the Secretary of Commerce shall --
(i) identify that nation; and
(ii) notify the President and that nation of the identification
under clause (i).
(2) CONSULTATIONS. -- Not later than 30 days after a nation is
identified under paragraph (1)(B), the President shall enter into
consultations with the government of that nation for the purpose
of obtaining an agreement that will effect the immediate
termination of large-scale driftnet fishing by the nationals or
vessels of that nation beyond the exclusive economic zone of any
nation.
(3) PROHIBITION ON IMPORTS OF FISH AND FISH PRODUCTS AND SPORT
FISHING EQUIPMENT. --
(A) PROHIBITION. -- The President --
(i) upon receipt of notification of the identification of a
nation under paragraph (1)(A); or
(ii) if the consultations with the government of a nation under
paragraph (2) are not satisfactorily concluded within ninety days,
shall direct the Secretary of the Treasury to prohibit the
importation into the United States of fish and fish products and
sport fishing equipment (as that term is defined in section 4162
of the Internal Revenue Code of 1986 (26 U.S.C. 4162)) from that
nation.
(B) IMPLEMENTATION OF PROHIBITION. -- With respect to an
import prohibition directed under subparagraph (A), the Secretary
of the Treasury shall implement such prohibition not later than
the date that is forty-five days after the date on which the
Secretary has received the direction from the President.
(C) PUBLIC NOTICE OF PROHIBITION. -- Before the effective date
of any import prohibition under this paragraph, the Secretary of
the Treasury shall provide public notice of the impending
prohibition.
(4) ADDITIONAL ECONOMIC SANCTIONS. --
(A) DETERMINATION OF EFFECTIVENESS OF SANCTIONS. -- Not later
than six months after the date the Secretary of Commerce
identifies a nation under paragraph (1), the Secretary shall
determine whether --
(i) any prohibition established under paragraph (3) is
insufficient to cause that nation to terminate large-scale
driftnet fishing conducted by its nationals and vessels beyond the
exclusive economic zone of any nation; or
(ii) that nation has retaliated against the United States as a
result of that prohibition.
(B) CERTIFICATION. -- The Secretary of Commerce shall certify
to the President each affirmative determination under subparagraph
(A) with respect to a nation.
(C) EFFECT OF CERTIFICATION. -- Certification by the Secretary
of Commerce under subparagraph (B) is deemed to be a certification
under section 8(a) of the Fishermen's Protective Act of 1967 (22
U.S.C. 1978(a)), as amended by this Act.
SEC. 102. "16 USC 1826b" DURATION OF DENIAL OF PORT PRIVILEGES AND
SANCTIONS.
Any denial of port privileges or sanction under section 101 with
respect to a nation shall remain in effect until such time as the
Secretary of Commerce certifies to the President and the Congress that
such nation has terminated large-scale driftnet fishing by its nationals
and vessels beyond the exclusive economic zone of any nation.
SEC. 103. REQUIREMENTS UNDER MARINE MAMMAL PROTECTION ACT OF 1972.
Section 101(a)(2) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1371(a)(2)) is amended --
(1) in subparagraph (E)(i) by striking "July 1, 1992" and
inserting in lieu thereof "January 1, 1993"; and
(2) in the last sentence by inserting ", except that, until
January 1, 1994, the term 'driftnet' does not include the use in
the northeast Atlantic Ocean of gillnets with a total length not
to exceed five kilometers if the use is in accordance with
regulations adopted by the European Community pursuant to the
October 28, 1991, decision by the Council of Fisheries Ministers
of the Community" immediately after "(16 U.S.C. 1822 note)".
SEC. 104. "16 USC 1826c" DEFINITIONS.
In this title, the following definitions apply:
(1) FISH AND FISH PRODUCTS. -- The term "fish and fish
products" means any aquatic species (including marine mammals and
plants) and all products thereof exported from a nation, whether
or not taken by fishing vessels of that nation or packed,
processed, or otherwise prepared for export in that nation or
within the jurisdiction thereof.
(2) LARGE-SCALE DRIFTNET FISHING. --
(A) IN GENERAL. -- Except as provided in subparagraph (B), the
term "large-scale driftnet fishing" means a method of fishing in
which a gillnet composed of a panel or panels of webbing, or a
series of such gillnets, with a total length of two and one-half
kilometers or more is placed in the water and allowed to drift
with the currents and winds for the purpose of entangling fish in
the webbing.
(B) EXCEPTION. -- Until January 1, 1994, the term "large-scale
driftnet fishing" does not include the use in the northeast
Atlantic Ocean of gillnets with a total length not to exceed five
kilometers if the use is in accordance with regulations adopted by
the European Community pursuant to the October 28, 1991, decision
by the Council of Fisheries Ministers of the Community.
(3) LARGE-SCALE DRIFTNET FISHING VESSEL. -- The term
"large-scale driftnet fishing vessel" means any vessel which is --
(A) used for, equipped to be used for, or of a type which is
normally used for large-scale driftnet fishing; or
(B) used for aiding or assisting one or more vessels at sea in
the performance of large-scale driftnet fishing, including
preparation, supply, storage, refrigeration, transportation, or
processing.
SEC. 201. IMPORT RESTRICTIONS UNDER FISHERMEN'S PROTECTIVE ACT OF
1967.
(a) PRODUCTS SUBJECT TO RESTRICTION. -- Section 8 of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1978) is amended --
(1) in subsection (a)(4) by striking "fish products" and all
that follows through "such duration", and inserting in lieu
thereof "any products from the offending country for any
duration";
(2) in subsection (c) by striking "fish products or wildlife
products" and inserting in lieu thereof "products";
(3) in subsection (e)(2) by striking "fish products and
wildlife products" and inserting in lieu thereof "products"; and
(4) in subsection (f) --
(A) in paragraph (1) by striking "fish products and wildlife
products" and inserting in lieu thereof "products"; and
(B) in paragraph (5) --
(i) in the first sentence by striking "fish products and
wildlife products" and inserting in lieu thereof "products"; and
(ii) in the second sentence by striking "Fish products and
wildlife products" and inserting in lieu thereof "Products".
(b) DEFINITIONS. -- Section 8(h) of the Fishermen's Protective Act
of 1967 (22 U.S.C. 1978(h)) is amended --
(1) by amending paragraph (2) to read as follows:
"(2) The term 'United States' means the several States, the
District of Columbia, Puerto Rico, the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, and every other
territory and possession of the United States.";
(2) in paragraph (3) --
(A) by inserting "bilateral or" immediately before
"multilateral"; and
(B) by inserting ", including marine mammals" immediately after
"protect the living resources of the sea";
(3) by striking paragraphs (4) and (6);
(4) by redesignating paragraphs (5) and (7) as paragraphs (4)
and (5), respectively; and
"(5) The term 'taking', as used with respect to animals to
which an international program for endangered or threatened
species applies, means to --
"(A) harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect; or
"(B) attempt to harass, harm, pursue, hunt, shoot, wound, kill,
trap, capture, or collect.".
SEC. 202. "16 USC 1861 note" ENFORCEMENT.
(a) IN GENERAL. -- Not later than six months after the date of the
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating, the Secretary of Commerce, and the Secretary
of Defense shall enter into an agreement under section 311(a) of the
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1861(a)) in
order to make more effective the enforcement of domestic laws and
international agreements that conserve and manage the living marine
resources of the United States.
(b) TERMS. -- The agreement entered into under subsection (a) shall
include --
(1) procedures for identifying and providing the location of
vessels that are in violation of domestic laws or international
agreements to conserve and manage the living marine resources of
the United States;
(2) requirements for the use of the surveillance capabilities
of the Department of Defense; and
(3) procedures for communicating vessel locations to the
Secretary of Commerce and the Coast Guard.
SEC. 203. TRADE NEGOTIATIONS AND THE ENVIRONMENT.
It is the sense of the Congress that the President, in carrying out
multilateral, bilateral, and regional trade negotiations, should seek to
--
(1) address environmental issues related to the negotiations;
(2) modify articles of the General Agreement on Tariffs and
Trade (referred to in this section as "GATT") to take into
consideration the national environmental laws of the GATT
Contracting Parties and international environmental treaties;
(3) secure a working party on trade and the environment within
GATT as soon as possible;
(4) take an active role in developing trade policies that make
GATT more responsive to national and international environmental
concerns;
(5) include Federal agencies with environmental expertise
during the negotiations to determine the impact of the proposed
trade agreements on national environmental law; and
(6) periodically consult with interested parties concerning the
progress of the negotiations.
SEC. 301. "16 USC 1823 note" SHORT TITLE.
This title may be cited as the "Central Bering Sea Fisheries
Enforcement Act of 1992".
SEC. 302. PROHIBITION APPLICABLE TO UNITED STATES VESSELS AND
NATIONALS.
(a) PROHIBITION. -- Vessels and nationals of the United States are
prohibited from conducting fishing operations in the Central Bering Sea,
except where such fishing operations are conducted in accordance with an
international fishery agreement to which the United States and the
Russian Federation are parties.
(b) CIVIL PENALTIES AND PERMIT SANCTIONS. -- A violation of this
section shall be subject to civil penalties and permit sanctions under
section 308 of the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1858).
SEC. 303. PORT PRIVILEGES DENIAL FOR FISHING IN CENTRAL BERING SEA.
(a) DENIAL OF PORT PRIVILEGES. -- The Secretary of the Treasury
shall, after December 31, 1992, in accordance with recognized principles
of international law --
(1) withhold or revoke the clearance required by section 4197
of the Revised Statutes of the United States (46 App. U.S.C. 91)
for any fishing vessel documented under the laws of a nation that
is included on a list published under subsection (b); and
(2) deny entry of such fishing vessel to any place in the
United States and to the navigable waters of the United States.
(b) PUBLICATION OF LIST. -- Not later than forty-five days after the
date of enactment of this Act, the Secretary of Commerce, in
consultation with the Secretary of State and the Secretary of the
department in which the Coast Guard is operating, shall publish in the
Federal Register a list of nations whose nationals or vessels conduct
fishing operations in the Central Bering Sea, except where such fishing
operations are in accordance with an international fishery agreement to
which the United States and the Russian Federation are parties. The
Secretary shall publish as an addendum to the list the name of each
vessel documented under the laws of each listed nation which conducts
fishing operations in the Central Bering Sea. A revised list shall be
published whenever the list is no longer accurate, except that a nation
may not be removed from the list unless --
(1) the nationals and vessels of that nation have not conducted
fishing operations in the Central Bering Sea for the previous
ninety days and the nation has committed, through a bilateral
agreement with the United States or in any other manner acceptable
to the Secretary of Commerce, not to permit its nationals or
vessels to resume such fishing operations; or
(2) the nationals and vessels of that nation are conducting
fishing operations in the Central Bering Sea that are in
accordance with an international fishery agreement to which the
United States and the Russian Federation are parties.
(c) NOTIFICATION OF NATION. -- Before the publication of a list of
nations under subsection (b), the Secretary of State shall notify each
nation included on that list and explain the requirement to deny the
port privileges of fishing vessels of that nation under subsection (a)
as a result of such publication.
SEC. 304. DURATION OF PORT PRIVILEGES DENIAL.
Any denial of port privileges under section 303 with respect to any
fishing vessel of a nation shall remain in effect until such nation is
no longer listed under section 303(b).
SEC. 305. RESTRICTION ON FISHING IN UNITED STATES EXCLUSIVE ECONOMIC
ZONE.
(a) REGULATIONS. -- Within one hundred and eighty days after the
date of enactment of this Act, after notice and public comment, the
Secretary of Commerce shall issue regulations, under the Magnuson
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and any
other applicable law, to prohibit --
(1) any permitted fishing vessel from catching, taking, or
harvesting fish in a fishery under the geographical authority of
the North Pacific Fishery Management Council if such vessel is
owned or controlled by any person that also owns or controls a
fishing vessel that is listed on the addendum under section
303(b);
(2) any processing facility from receiving any fish caught,
taken, or harvested in a fishery under the geographical authority
of the North Pacific Fishery Management Council if such facility
is owned or controlled by any person that also owns or controls a
fishing vessel that is listed on the addendum under section
303(b); and
(3) any permitted fishing vessel from delivering fish caught,
taken, or harvested in a fishery under the geographic authority of
the North Pacific Fishery Management Council to a processing
facility that is owned or controlled by any person that also owns
or controls a fishing vessel that is listed on the addendum under
section 303(b).
(b) REQUIREMENT FOR SUBMISSION OF DOCUMENTS. -- The Secretary of
Commerce shall require under any regulations issued under subsection (a)
the submission of any affidavits, financial statements, corporate
agreements, and other documents that the Secretary of Commerce
determines, after notice and public comment, are necessary to ensure
that all vessels and processing facilities are in compliance with this
section.
(c) APPEALS; DURATION OF PROHIBITIONS. -- The regulations issued
under subsection (a) shall --
(1) establish procedures for a person to appeal a decision to
impose a prohibition under subsection (a) on a vessel or
processing facility owned or controlled by that person; and
(2) specify procedures for the removal of any prohibition
imposed on a vessel or processing facility under subsection (a) --
(A) upon publication of a revised list under section 303(b),
and a revised addendum which does not include a fishing vessel
owned or controlled by the person who also owns or controls the
vessel or facility to which the prohibition applies; or
(B) on the date that is ninety days after such person
terminates ownership and control in fishing vessels that are
listed on the addendum under section 303(b).
SEC. 306. DEFINITIONS.
In this title, the following definitions apply:
(1) CENTRAL BERING SEA. -- The term "Central Bering Sea" means
the central Bering Sea area which is more than two hundred
nautical miles seaward of the baselines from which the breadth of
the territorial seas of the United States and the Russian
Federation are measured.
(2) FISHING VESSEL. -- The term "fishing vessel" means any
vessel which is used for --
(A) catching, taking, or harvesting fish; or
(B) aiding or assisting one or more vessels at sea in the
performance of fishing operations, including preparation, supply,
storage, refrigeration, transportation, or processing.
(3) OWNS OR CONTROLS. -- When used in reference to a vessel or
processing facility --
(A) the term "owns" means holding legal title to the vessel or
processing facility; and
(B) the term "controls" includes an absolute right to direct
the business of the person owning the vessel or processing
facility, to limit the actions of or replace the chief executive
officer (by whatever title), a majority of the board of directors,
or any general partner (as applicable) of such person, to direct
the transfer or operations of the vessel or processing facility,
or otherwise to exercise authority over the business of such
person, but the term does not include the right simply to
participate in those activities of such person or the right to
receive a financial return, such as interest or the equivalent of
interest, on a loan or other financing obligation.
(4) PERMITTED FISHING VESSEL. -- The term "permitted fishing
vessel" means any fishing vessel that is subject to a permit
issued by the Secretary of Commerce under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.).
(5) PERSON. -- The term "person" means any individual (whether
or not a citizen of the United States), any corporation,
partnership, association, cooperative, or other entity (whether or
not organized under the laws of any State), and any State, local,
or foreign government, or any entity of such government or the
Federal Government.
(6) PROCESSING FACILITY. -- The term "processing facility"
means any fish processing establishment or fish processing vessel
that receives unprocessed fish.
SEC. 307. TERMINATION.
This title shall cease to have force and effect after the date that
is seven years after the date of enactment of this Act, except that any
proceeding with respect to violations of section 302 occurring prior to
such termination date shall be conducted as if that section were still
in effect.
SEC. 401. INTERMEDIARY NATIONS INVOLVED IN EXPORT OF CERTAIN TUNA
PRODUCTS.
(a) INTERMEDIARY NATION DEFINED. -- Section 3 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1362) is amended by redesignating
paragraphs (5) through (14) as paragraphs (6) through (15),
respectively, and by inserting immediately after paragraph (4) the
following new paragraph:
"(5) The term 'intermediary nation' means a nation that exports
yellowfin tuna or yellowfin tuna products to the United States and
that imports yellowfin tuna or yellowfin tuna products that are
subject to a direct ban on importation into the United States
pursuant to section 101(a)(2)(B).".
(b) EMBARGO ON IMPORTS FROM INTERMEDIARY NATIONS. -- Section
101(a)(2)(C) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1371(a)(2)(C)) is amended to read as follows:
"(C) shall require the government of any intermediary nation to
certify and provide reasonable proof to the Secretary that it has
not imported, within the preceding six months, any yellowfin tuna
or yellowfin tuna products that are subject to a direct ban on
importation to the United States under subparagraph (B);".
SEC. 402. AUTHORITY TO EXTEND REEMPLOYMENT RIGHTS.
For purposes of employee rights and entitlements conferred by or
pursuant to subchapter IV of chapter 35 of title 5, United States Code,
the Secretary of State may, notwithstanding any other law or regulation,
extend the reemployment rights of an employee of the United States who,
as of January 1, 1992, was serving with the Intergovernmental Panel on
Climate Change. Such extension may be made for two years, and may be
further extended for one year, if the Secretary of State determines that
such service is in the national interest and is necessary to facilitate
the activities of the Intergovernmental Panel on Climate Change or any
successor organization.
SEC. 403. LIMITATION ON TERMS OF VOTING MEMBERS OF REGIONAL FISHERY
MANAGEMENT COUNCILS.
Section 302(b)(3) of the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1852(b)(3)) is amended by striking "January 1, 1986" the
second place it appears and inserting in lieu thereof "December 31,
1987".
SEC. 404. OBSERVER FEE FOR NORTH PACIFIC FISHERIES RESEARCH PLAN.
Section 313(b)(2)(E) of the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1862(b)(2)(E)) is amended by striking "one
percentum, of the" and inserting in lieu thereof "2 percent, of the
unprocessed ex-vessel".
SEC. 501. RECREATIONAL BOAT TAX REPEAL.
(a) IN GENERAL. --
(1) SCOPE OF FEE. -- Section 2110(b)(1) of title 46, United
States Code, is amended --
(A) by striking "1991, 1992, 1993, 1994, and 1995", and
inserting in lieu thereof "1993 and 1994"; and
(B) by striking "that is greater than 16 feet in length" and
inserting in lieu thereof "to which paragraph (2) of this
subsection applies".
(2) AMOUNT OF FEE. -- Section 2110(b)(2) of title 46, United
States Code, is amended to read as follows:
"(2) The fee or charge established under paragraph (1) of this
subsection is as follows:
"(A) in fiscal year 1993 --
"(i) for vessels of more than 21 feet in length but less than
27 feet, not more than $35;
"(ii) for vessels of at least 27 feet in length but less than
40 feet, not more than $50; and
"(iii) for vessels of at least 40 feet in length, not more than
$100.
"(B) in fiscal year 1994 --
"(i) for vessels of at least 37 feet in length but less than 40
feet, not more than $50; and
"(ii) for vessels of at least 40 feet in length, not more than
$100.";
(b) EFFECTIVE DATE. -- The amendments made by this section "46 USC
2110 note" are effective October 1, 1992.
SEC. 502. "46 USC app. 1707a" AUTOMATED TARIFF FILING AND
INFORMATION SYSTEM.
(a) DEFINITIONS. -- In this section, the following definitions
apply:
(1) COMMISSION. -- The term "Commission" means the Federal
Maritime Commission.
(2) COMMON CARRIER. -- The term "common carrier" means a
common carrier under section 3 of the Shipping Act of 1984 (46
App. U.S.C. 1702), a common carrier by water in interstate
commerce under the Shipping Act, 1916 (46 App. U.S.C. 801 et
seq.), or a common carrier by water in intercoastal commerce under
the Intercoastal Shipping Act, 1933 (46 App. U.S.C. 843 et seq.).
(3) CONFERENCE. -- The term "conference" has the meaning given
that term under section 3 of the Shipping Act of 1984 (46 App.
U.S.C. 1702).
(4) ESSENTIAL TERMS OF SERVICE CONTRACTS. -- The term
"essential terms of service contracts" means the essential terms
that are required to be filed with the Commission and made
available under section 8(c) of the Shipping Act of 1984 (46 App.
U.S.C. 1707(c)).
(5) TARIFF. -- The term "tariff" means a tariff of rates,
charges, classifications, rules, and practices required to be
filed by a common carrier or conference under section 8 of the
Shipping Act of 1984 (46 App. U.S.C. 1707), or a rate, fare,
charge, classification, rule, or regulation required to be filed
by a common carrier or conference under the Shipping Act, 1916 (46
U.S.C. 801 et seq.), or the Intercoastal Shipping Act, 1933 (46
App. U.S.C. 843 et seq.).
(b) TARIFF FORM AND AVAILABILITY. --
(1) REQUIREMENT TO FILE. -- Notwithstanding any other law,
each common carrier and conference shall, in accordance with
subsection (c), file electronically with the Commission all
tariffs, and all essential terms of service contracts, required to
be filed by that common carrier or conference under the Shipping
Act of 1984 (46 App. U.S.C. 1701 et seq.), the Shipping Act, 1916
(46 App. U.S.C. 801 et seq.), and the Intercoastal Shipping Act,
1933 (46 App. U.S.C. 843 et seq.).
(2) AVAILABILITY OF INFORMATION. -- The Commission shall make
available electronically to any person, without time, quantity, or
other limitation, both at the Commission headquarters and through
appropriate access from remote terminals --
(A) all tariff information, and all essential terms of service
contracts, filed in the Commission's Automated Tariff Filing and
Information System database; and
(B) all tariff information in the System enhanced
electronically by the Commission at any time.
(c) FILING SCHEDULE. -- New tariffs and new essential terms of
service contracts shall be filed electronically not later than July 1,
1992. All other tariffs, amendments to tariffs, and essential terms of
service contracts shall be filed not later than September 1, 1992.
(d) FEES. --
(1) AMOUNT OF FEE. -- The Commission shall charge, beginning
July 1 of fiscal year 1992 and in fiscal years 1993, 1994, and
1995 --
(A) a fee of 46 cents for each minute of remote computer access
by any individual of the information available electronically
under this section; and
(B)(i) for electronic copies of the Automated Tariff Filing and
Information System database (in bulk), or any portion of the
database, a fee reflecting the cost of providing those copies,
including the cost of duplication, distribution, and
user-dedicated equipment; and
(ii) for a person operating or maintaining information in a
database that has multiple tariff or service contract information
obtained directly or indirectly from the Commission, a fee of 46
cents for each minute that database is subsequently accessed by
computer by any individual.
(2) EXEMPTION FOR FEDERAL AGENCIES. -- A Federal agency is
exempt from paying a fee under this subsection.
(e) ENFORCEMENT. -- The Commission shall use systems controls or
other appropriate methods to enforce subsection (d).
(f) PENALTIES. --
(1) CIVIL PENALTIES. -- A person failing to pay a fee
established under subsection (d) is liable to the United States
Government for a civil penalty of not more than $5,000 for each
violation.
(2) CRIMINAL PENALTIES. -- A person that willfully fails to
pay a fee established under subsection (d) commits a class A
misdemeanor.
(g) AUTOMATIC FILING IMPLEMENTATION. --
(1) CERTIFICATION OF SOFTWARE. -- Software that provides for
the electronic filing of data in the Automated Tariff Filing and
Information System shall be submitted to the Commission for
certification. Not later than fourteen days after a person
submits software to the Commission for certification, the
Commission shall --
(A) certify the software if it provides for the electronic
filing of data; and
(B) publish in the Federal Register notice of that
certification.
(2) REPAYABLE ADVANCE. --
(A) AVAILABILITY AND USE OF ADVANCE. -- Upon the date of
enactment of this Act, the Secretary of the Treasury shall make
available to the Commission, as a repayable advance, not more than
$4,000,000, to remain available until expended. The Commission
shall spend these funds to complete and upgrade the capacity of
the Automated Tariff Filing and Information System to provide
access to information under this section.
(B) REQUIREMENT TO REPAY. --
(i) IN GENERAL. -- Any advance made to the Commission under
subparagraph (A) shall be repaid, with interest, to the general
fund of the Treasury not later than September 30, 1995.
(ii) INTEREST. -- Interest on any advance made to the
Commission under subparagraph (A) --
(I) shall be at a rate determined by the Secretary of the
Treasury, as of the close of the calendar month preceding the
month in which the advance is made, to be equal to the current
average market yield on outstanding marketable obligations of the
United States with remaining periods to maturity comparable to the
anticipated period during which the advance will be outstanding;
and
(II) shall be compounded annually.
(3) USE OF RETAINED AMOUNTS. -- Out of amounts collected by
the Commission under this section, amounts shall be retained and
expended by the Commission for each fiscal year, without fiscal
year limitation, to carry out this section and pay back the
Secretary of the Treasury for the advance made available under
paragraph (2).
(4) DEPOSIT IN TREASURY. -- Except for the amounts retained by
the Commission under paragraph (3), fees collected under this
section shall be deposited in the general fund of the Treasury as
offsetting receipts.
(h) RESTRICTION. -- No fee may be collected under this section after
fiscal year 1995.
(i) CONFORMING AMENDMENT. -- Section 2 of the Act of August 16, 1989
(46 App. U.S.C. 1111c), is repealed.
Approved November 2, 1992.
LEGISLATIVE HISTORY -- H.R. 2152 (S. 884):
HOUSE REPORTS: No. 102-262, Pt. 1 (Comm. on Merchant Marine and
Fisheries) and Pt. 2 (Comm. on Ways and Means).
CONGRESSIONAL RECORD: Vol. 137 (1991): Aug. 1, S. 884, considered
and passed Senate. Vol. 138 (1992): Feb. 25, H.R. 2152 considered and
passed House. July 31, considered and passed Senate, amended. Aug. 10,
House concurred in Senate amendment with amendments. Aug. 12, Senate
concurred in House amendments with an amendment. Oct. 4, House
concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): Nov.
2, Presidential statement.
Public Law 102-581, 106 Stat. 4872
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "49 USC app. 2201 note" SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE. -- This Act may be cited as the "Airport and Airway
Safety, Capacity, Noise Improvement, and Intermodal Transportation Act
of 1992".
(b) TABLE OF CONTENTS. --
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 101. Declaration of policy.
Sec. 102. Airport improvement program.
Sec. 103. Airway improvement program.
Sec. 104. FAA operations.
Sec. 105. Linkage with passenger facility charges program.
Sec. 106. Apportionments.
Sec. 107. Military airports.
Sec. 108. Airport noise compatibility program.
Sec. 109. Maximum obligation of the United States.
Sec. 110. Terminal development.
Sec. 111. Letters of intent.
Sec. 112. Airport development defined.
Sec. 113. Public access and participation with respect to airports.
Sec. 114. National airway system.
Sec. 115. Definition of passengers enplaned.
Sec. 116. Extension of State block grant pilot program.
Sec. 117. Disadvantaged business enterprise.
Sec. 118. Extension of certain restrictions on contract and grant
awards.
Sec. 119. Acquisition or construction of facilities for advanced
training of maintenance technicians for air carrier aircraft.
Sec. 120. Air traffic controller staffing.
Sec. 121. Aviation safety inspectors.
Sec. 122. Limitation on privatization of operation of certain
airport control towers.
Sec. 123. Effects of airport noise.
Sec. 124. Aircraft operations in winter conditions.
Sec. 125. Visual flight rule routes for complex terminal airspace
areas.
Sec. 126. Study on reflectorization of taxiway and runway markings.
Sec. 127. Options to purchase land.
Sec. 128. Lighting systems for aircraft obstructions and airport
runways.
Sec. 129. Economic benefits of airport development projects.
Sec. 130. Soundproofing of certain residential buildings in areas
surrounding airports.
Sec. 131. Laredo International Airport, Laredo, Texas.
Sec. 132. Study of small airport runway maintenance.
Sec. 133. Tucson study.
Sec. 134. Air traffic over Grand Canyon.
Sec. 135. Civil Tiltrotor Development Advisory Committee.
Sec. 136. Technical amendments.
Sec. 201. Procurement reform.
Sec. 202. Aviation security training.
Sec. 203. Hazards to safe and efficient air commerce.
Sec. 204. National commission to promote a strong and competitive
airline industry.
Sec. 205. Strengthening of competition.
Sec. 206. Slot rule effective date.
Sec. 207. Emergency vision equipment.
Sec. 208. Technical amendments to civil penalties.
Sec. 301. Short title.
Sec. 302. Aviation research authorization of appropriations.
Sec. 303. Deicing study.
Sec. 304. Aircraft noise research program.
Sec. 305. Use of domestic products.
Sec. 401. Insurance for departments and agencies of the United
States.
Sec. 402. Extension of program.
Sec. 403. Administration of aviation insurance program.
Sec. 404. Continuation of aviation insurance laws.
Sec. 501. Extension of Airport and Airway Trust Fund.
Sec. 502. Clarification of trust fund revenues.
SEC. 2. "49 USC app. 2201 note" FINDINGS.
Congress finds that --
(1) the Nation's aviation system must be part of an intermodal
transportation system consisting of hubs and interconnections with
other forms of transportation that will move people and goods in
the fastest, most efficient manner;
(2) our Nation's airports are our interconnections with the
global economy; expanded flight capacity and greatly improved
ground access for passengers and cargo are essential to our
Nation's ability to compete in the international marketplace;
(3) without significant additional financial resources, the
Nation's airports will be unable to accommodate fully the growing
aviation and ground traffic demands of the 1990's;
(4) 27 of the Nation's top 100 airports are now unacceptably
congested and the resulting delays in flights are costing our
economy billions of dollars a year in lost productivity and
undermining the Nation's ability to compete in the global economy;
(5) unless the capacity of our airports is increased
substantially, the problem of flight delays will escalate
dramatically and, by the year 2000, 40 major airports will be
congested and incurring more than 20,000 hours of flight delay a
year;
(6) the Nation must undertake an airport improvement and
development program costing at least $7,000,000,000 a year over
the next decade just to prevent the problem of airport delay from
growing worse in the 21st century;
(7) neither State, local, nor Federal Government can
independently finance the needed airport and intermodal
development and there must be a combined effort relying on all
levels of government;
(8) both the Federal airport improvement program and local
passenger facility charge programs are essential to funding the
development, as part of an intermodal transportation system, of
airports (including necessary ground access eligible for funding
under such programs) which meet our Nation's needs;
(9) the Nation's air traffic control system must be modernized
with the highest advanced technology to enable it to continue to
move traffic safely and efficiently and the necessary development
and procurement of capital equipment will cost at least
$18,000,000,000 over the next decade;
(10) the modernization of the air traffic control system will
result in productivity and safety benefits of $257,000,000,000
over the life of the equipment purchased; these benefits include
the value of time saved by airline passengers, reductions in
airline operating costs, and reduced government expenditures and
benefits from increased safety;
(11) there will need to be a continuing increase in staffing
for the air traffic control system to enable controllers to
handle, safely and efficiently, the increased workload which will
arise as air transportation grows over the next decade;
(12) the Federal Government must play a major role in
developing our aviation system; full use must be made of the more
than $5,000,000,000 which aviation users contribute to the Airport
and Airway Trust Fund each year and the $7,400,000,000 surplus
which has accumulated in the Trust Fund;
(13) although survival of a strong and competitive airline
industry is essential to our Nation's economic future -- the
Nation's airlines are in a financial and competitive crisis which
threatens our entire aviation system and our Nation's ability to
move people; major airlines have lost more than $6,000,000,000
over the past 2 years; many airlines have merged or discontinued
operations; and new entry into the industry has ceased;
(14) the opportunities for new entrants and financially weak
airlines to compete successfully can be maximized by the
development of new airport capacity, particularly terminal
facilities and gates, which will facilitate the ability of new
airlines to compete against the airlines which now dominate the
facilities at major hub airports;
(15) investment in the aviation transportation infrastructure
of the United States will pay immediate and long-term dividends in
jobs and economic productivity and provide the foundation for the
Nation's continued leadership in the global economic competition
of the 21st century;
(16) infrastructure investment differs significantly from other
forms of government spending because it creates new wealth for the
Nation;
(17) the wealth and economic strength of the United States is
in the Nation's infrastructure which provides the foundation for
all aspects of life;
(18) failure to invest in the transportation infrastructure,
including aviation, has placed the United States in danger of
becoming a service-oriented economy, rather than having a strong
and independent manufacturing-based economy;
(19) the creation of a national intermodal transportation
system is central to the transportation issues of the coming
decades and will create the new wealth of the Nation to provide
the funds for the Nation to meet the challenges of the 21st
century;
(20) our Nation should devote greater efforts to integrating
the aviation system with highway and mass transit facilities
providing access to airports;
(21) transportation planning, taking account of commerce and
land-use patterns, must be improved at all levels and local
officials must have a significant role in transportation decisions
affecting their areas;
(22) failure to develop an improved intermodal transportation
system for the 1990's and the 21st century will result in
continuing the two decade trend of decline in United States
competitiveness in the global economy and the accompanying decline
in the Nation's standard of living;
(23) the safety of the traveling public is of paramount
national importance;
(24) aircraft deicing is an important element of aviation
safety and past aircraft incidents suggest that both the Federal
Government and private industries should focus on methods to
improve aircraft deicing procedures and facilities;
(25) noise associated with the use of our Nation's airports
must be reduced and efforts to mitigate noise must be continued;
(26) airports must use the airport noise planning program to
ensure that capacity expansion minimizes noise to the surrounding
community;
(27) the Nation's air traffic control system must be modernized
with the most advanced technology, and the necessary capital
equipment must be developed and procured, in order to continue the
safe and efficient operation of the national airspace system;
(28) there will need to be a continuing increase in the number
of aviation safety inspectors to handle the current and future
workload of the air carrier and commuter industry; and
(29) the United States airline industry lost more than $6
billion in 1990 and 1991, the number of air carriers serving the
public has declined substantially as a result of the industry's
financial distress and the absence of governmental policies to
promote competition, and continued financial losses could result
in the further loss of air carrier competition and service to the
traveling public.
SEC. 101. DECLARATION OF POLICY.
(a) NATIONAL TRANSPORTATION POLICY. -- Section 502 of the Airport
and Airway Improvement Act of 1982 (49 U.S.C. App. 2201) is amended by
adding at the end the following:
"(c) NATIONAL TRANSPORTATION POLICY. --
"(1) It is a goal of the United States to develop a national
intermodal transportation system that moves people and goods in an
efficient manner. The Nation's future economic direction is
dependent on its ability to confront directly the enormous
challenges of the global economy, declining productivity growth,
energy vulnerability, air pollution, and the need to rebuild the
Nation's infrastructure.
"(2) United States leadership in the world economy, the
expanding wealth of the Nation, the competitiveness of the
Nation's industry, the standard of living, and the quality of life
are at stake.
"(3) A national intermodal transportation system is a
coordinated, flexible network of diverse but complementary forms
of transportation which moves people and goods in the most
efficient manner. By reducing transportation costs, these
intermodal systems will enhance United States industry's ability
to compete in the global marketplace.
"(4) All forms of transportation, including aviation and other
transportation systems of the future, will be full partners in the
effort to reduce energy consumption and air pollution while
promoting economic development.
"(5) An intermodal transportation system consists of
transportation hubs which connect different forms of appropriate
transportation and provides users with the most efficient means of
transportation and with access to commercial centers, business
locations, population centers, and the Nation's vast rural areas,
as well as providing links to other forms of transportation and to
intercity connections.
"(6) Intermodality and flexibility are paramount issues in the
process of developing an integrated system that will obtain the
optimum yield of United States resources.
"(7) The United States transportation infrastructure must be
reshaped to provide the economic underpinnings for the Nation to
compete in the 21st century global economy. The United States can
no longer rely on the sheer size of its economy to dominate
international economic rivals and must recognize fully that its
economy is no longer a separate entity but is part of the global
marketplace. The Nation's future economic prosperity depends on
its ability to compete in an international marketplace that is
teeming with competitors but where a full one-quarter of the
Nation's economic activity takes place.
"(8) The United States must make a national commitment to
rebuild its infrastructure through development of a national
intermodal transportation system. The United States must provide
the foundation for its industries to improve productivity and
their ability to compete in the global economy with a system that
will move people and goods faster in an efficient manner.".
(b) CAPACITY EXPANSION AND NOISE ABATEMENT. -- Such section is
further amended by adding at the end the following new subsection:
"(d) CAPACITY EXPANSION AND NOISE ABATEMENT. -- It is in the public
interest to recognize the effects of airport capacity expansion projects
on aircraft noise. Efforts to increase capacity through any means can
have an impact on surrounding communities. Noncompatible land uses
around airports must be reduced and efforts to mitigate noise must be
given a high priority.".
SEC. 102. AIRPORT IMPROVEMENT PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS. -- Section 505(a) of the
Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2204(a)) is
amended --
(1) by striking "and" following "1991,"; and
(2) by inserting before the period at the end of the second
sentence the following: ", and $15,966,700,000 for fiscal years
ending before October 1, 1993".
(b) OBLIGATIONAL AUTHORITY. -- Section 505(b)(1) of such Act is
amended by striking "1992" and inserting "1993".
SEC. 103. AIRWAY IMPROVEMENT PROGRAM.
(a) AUTHORIZATION OF APPROPRIATIONS. -- Section 506(a)(1) of the
Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2205(a)(1))
is amended --
(1) by striking "and" following "1991" and inserting a comma;
and
(2) by inserting before the period at the end of the first
sentence the following: ", $8,200,000,000 for fiscal years ending
before October 1, 1993, $11,100,000,000 for fiscal years ending
before October 1, 1994, and $14,000,000,000 for fiscal years
ending before October 1, 1995".
(b) CAPITAL INVESTMENT PLAN AUGMENTATION. -- Section 506(a)(2) of
such Act is amended to read as follows:
"(2) CAPITAL INVESTMENT PLAN AUGMENTATION. -- If the Secretary
determines that it is necessary to augment or substantially modify
elements of the Airway Capital Investment Plan submitted to
Congress under section 504 of this title (including a
determination that it is necessary to establish more than 23 area
control facilities), there is authorized to be appropriated from
the Trust Fund for fiscal year 1994 to carry out such augmentation
or modification $100,000,000. Amounts appropriated under this
paragraph shall remain available until expended.".
(c) OTHER EXPENSES. --
(1) EXTENSION. -- Section 506(c)(4) of such Act is amended --
(A) in the paragraph heading by striking "-1992" and inserting
"-1995"; and
(B) by striking "and 1992" and inserting ", 1992, 1993, 1994,
and 1995".
(2) CONFORMING AMENDMENT. -- Section 506(e)(5) of such Act is
amended by striking "1992" and inserting "1995".
(d) WEATHER SERVICES. -- Section 506(d) of such Act is amended by
striking the second sentence and inserting the following new sentence:
"Expenditures for the purposes of carrying out this subsection shall be
limited to $35,596,000 for fiscal year 1993, $37,800,000 for fiscal year
1994, and $39,000,000 for fiscal year 1995.".
(e) RADAR SYSTEM FOR NORTHERN MAINE. -- Of amounts authorized under
section 505(a)(1) of the Airport and Airway Improvement Act of 1982 for
fiscal years 1993 and 1994, not less than $18,000,000 is authorized for
site selection and installation of 1 Federal Aviation Administration
long-range air route surveillance radar system for that portion of
northern Maine currently served by approach control at Loring Air Force
Base.
SEC. 104. FAA OPERATIONS.
Section 106(k) of title 49, United States Code, is amended --
(1) by striking "and" and inserting a comma; and
(2) by inserting before the period at the end the following:
", $4,716,500,000 for fiscal year 1993, $5,100,000,000 for fiscal
year 1994, and $5,520,000,000 for fiscal year 1995".
SEC. 105. LINKAGE WITH PASSENGER FACILITY CHARGES PROGRAM.
Paragraph (4) of section 1113(e) of the Federal Aviation Act of 1958
(49 U.S.C. App. 1513(e)(4)) is amended by striking "under this
subsection on or before" and all that follows through the period at the
end of such paragraph and inserting the following:
"under this subsection on or before September 30, 1993, if, during
fiscal year 1993, the amount available for obligation under
section 419 of this Act is less than $38,600,000. This limitation
on the authority to impose a fee shall not apply if the amount
available in fiscal year 1993 for obligation under section 419 is
less than $38,600,000 as a result of sequestration or other
general appropriations reductions applied proportionately to
appropriations accounts throughout an appropriations Act. The
provisions of this paragraph shall not affect the authority of the
Secretary to approve the imposition of a fee or the use of
revenues derived from a fee imposed pursuant to an approval made
under this subsection by a public agency which has received an
approval to impose a fee under this subsection prior to September
30, 1993, regardless of whether such fee is being imposed on
September 30, 1993.".
SEC. 106. APPORTIONMENTS.
(a) INCREASE FOR CARGO HUBS. -- Section 507(a)(2) of the Airport and
Airway Improvement Act of 1982 (49 U.S.C. App. 2206(a)(2)) is amended --
(1) by striking "3 percent" and inserting "3.5 percent"; and
(2) by striking "(but not to exceed $50,000,000)".
(b) LIMITS. -- Section 507(b)(1) of such Act is amended by striking
"$300,000 nor more than $16,000,000" and inserting "$400,000 nor more
than $22,000,000".
(c) PRIMARY AND CARGO SERVICE AIRPORTS. -- Section 507(b)(3) of such
Act is amended by striking "49.5 percent" each place it appears and
inserting "44 percent".
(d) RULES REGARDING CERTAIN ALASKA AIRPORTS. -- Section 507(b)(5) of
such Act is amended by adding at the end the following new subparagraph:
"(F) INCLUDED AIRPORTS. -- For purposes of this paragraph, the
airports referred to in subparagraph (A) include those public
airports that received scheduled service as of September 3, 1982,
but were not apportioned funds in fiscal year 1980 under section
15(a) of the Airport and Airway Development Act of 1970 because
the airports were not under the control of State or local public
agencies.".
SEC. 107. MILITARY AIRPORTS.
(a) SET-ASIDE. -- Section 508(d)(5) of the Airport and Airway
Improvement Act of 1982 (49 U.S.C. App. 2207(d)(5)) is amended by
inserting after "1992" the following: ", not less than 2.25 percent of
the funds made available under section 505 in fiscal year 1993, and not
less than 2.5 percent of the funds made available under section 505 in
each of fiscal years 1994 and 1995".
(b) DESIGNATION. -- Section 508(f)(1) of such Act is amended --
(1) by striking "not more than 8" and inserting "not more than
12"; and
(2) by striking the second sentence.
(c) CONSTRUCTION OF PARKING LOTS, FUEL FARMS, AND UTILITIES. --
(1) FUNDING. -- Section 508(f) of such Act is amended by
adding at the end the following new paragraph:
"(6) FUNDING FOR CONSTRUCTION OF PARKING LOTS, FUEL FARMS, AND
UTILITIES. -- Not to exceed $4,000,000 per airport of the sums to
be distributed at the discretion of the Secretary under section
507(c) for fiscal years 1993, 1994, and 1995 may be used in the
aggregate by the sponsor of a current or former military airport
designated by the Secretary under this subsection for
construction, improvement, or repair of airport surface parking
lots, fuel farms, and utilities.".
(2) CONFORMING AMENDMENT. -- Section 513(c) of such Act "49
USC app. 2212" is amended by inserting after "this section" the
following: "and section 508(f)(6) of this title".
(d) MILITARY BASE CLOSURE REPORT. -- Within 30 days after the date
on which the Secretary of Defense recommends a list of military bases
for closure or realignment pursuant to section 2903(c) of the Defense
Base Closure and Realignment Act of 1990 (Public Law 101-510; U.S.C.
2687 note), "10 USC 2687 note" the Administrator of the Federal Aviation
Administration shall submit to Congress and the Defense Base Closure and
Realignment Commission a report on the effects of all those
recommendations involving military airbases, including but not limited
to, the effect of the proposed closures or realignments on civilian
airports and airways in the local community and region; potential
modifications and costs necessary to convert such bases to civilian
aviation use; and in the case of air traffic control or radar coverage
currently provided by the Department of Defense, potential installations
or adjustments of equipment and costs necessary for the Federal Aviation
Administration to maintain existing levels of service for the local
community and region.
SEC. 108. AIRPORT NOISE COMPATIBILITY PROGRAM.
Section 508(d)(2) of the Airport and Airway Improvement Act of 1982
(49 U.S.C. App. 2207(d)(2)) is amended by striking "10 percent" and
inserting "12.5 percent".
SEC. 109. MAXIMUM OBLIGATION OF THE UNITED STATES.
Section 512(b)(3) of the Airport and Airway Improvement Act of 1982
(49 U.S.C. App. 2211(b)(3)) is amended by striking the period at the end
and inserting the following: "; except that, for fiscal year 1993 and
thereafter, for grants for the acquisition of land or interests in land,
the maximum obligation of the United States may be increased for an
airport (other than a primary airport) either by not more than 15
percent or by an amount not to exceed 25 percent of the total increase
in allowable project costs attributable to the acquisition of land or
interests in land, whichever is greater, based on current credible
appraisals or a court award in a condemnation proceeding.".
SEC. 110. TERMINAL DEVELOPMENT.
(a) ALLOWABLE PROJECT COSTS. -- Section 513(b)(1) of the Airport and
Airway Improvement Act of 1982 (49 U.S.C. App. 2212(b)(1)) is amended by
adding at the end the following new sentence: "In the case of a
commercial service airport which annually has .05 percent or less of the
total enplanements in the United States, the Secretary may approve,
under the preceding sentence as allowable project costs of a project for
airport development at such airport, terminal development in
revenue-producing areas and construction, reconstruction, repair, and
improvement of nonrevenue-producing parking lots if the sponsor
certifies that no project for needed airport development affecting
safety, security, or capacity will be deferred by such approval.".
(b) FEDERAL SHARE. -- Section 513(b)(5) of such Act "49 USC app.
2212" is amended by inserting before the period at the end the
following: "; except that the United States share of project costs
allowable for any project under such paragraph at a commercial service
airport which annually has .05 percent or less of the total enplanements
in the United States shall be 85 percent".
(c) RETROACTIVE APPLICABILITY. -- The amendment made by subsection
(a) "49 USC app. 2212 note" may be applied to any terminal development
which is underway in calendar year 1992 or later.
SEC. 111. LETTERS OF INTENT.
Section 513(d)(1) of the Airport and Airway Improvement Act of 1982
(49 U.S.C. App. 2212(d)(1)) is amended by adding at the end the
following new subparagraph:
"(G) OTHER CONSIDERATIONS. -- A letter of intent issued under
this paragraph shall not condition the obligation of any funds on
the imposition of a passenger facility charge.".
SEC. 112. AIRPORT DEVELOPMENT DEFINED.
(a) AIRCRAFT DEICING EQUIPMENT. -- Section 503(a)(2)(B) of the
Airport and Airway Improvement Act of 1982 (49 U.S.C. App.
2202(a)(2)(B)) is amended --
(1) by striking "or" at the end of clause (v);
(2) by inserting after clause (vi) the following:
"(vii) aircraft deicing equipment and structures (other than
aircraft deicing fluids and storage facilities for such equipment
and fluids); or
"(viii) interactive training systems;".
(b) CONTROL TOWER AND NAVIGATIONAL AIDS RELOCATION; MEETING MANDATES
OF CERTAIN FEDERAL LAWS; AIRCRAFT DEICING FACILITIES. -- Section
503(a)(2) of such Act is further amended --
(1) by striking "and" at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and
inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
"(E) the relocation, after December 31, 1991, of an air traffic
control tower and any navigational aid (including radar) if such
relocation is necessary to carry out a project approved by the
Secretary under this title;
"(F) and if funded by a grant under this title, any
construction, reconstruction, repair, or improvement of an airport
(or any purchase of capital equipment for an airport) which is
necessary for compliance with the responsibilities of the operator
or owner of the airport under the Americans with Disabilities Act
of 1990, the Clean Air Act, and the Federal Water Pollution
Control Act with respect to the airport, other than construction
or purchase of capital equipment which would primarily benefit a
revenue producing area of the airport used by a nonaeronautical
business; and
"(G) any acquisition of land for, or work necessary to
construct, a pad suitable for deicing aircraft prior to takeoff at
a commercial service airport, including construction or
reconstruction of paved areas, drainage collection structures,
treatment and discharge systems, appropriate lighting, and paved
access for deicing vehicles and aircraft, but excluding
acquisition of aircraft deicing fluids and construction and
reconstruction of storage facilities for aircraft deicing
equipment and fluids.".
(c) REPORT. -- Not later than 6 months after the date of the
enactment of this Act, the Administrator of the Federal Aviation
Administration shall report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public Works and
Transportation of the House of Representatives on the cost and the
feasibility of maintaining and operating navigational aids (including
radar) for a transition period of up to 2 years at airports converting
in whole or in part from military airports to civilian commercial or
reliever airports.
SEC. 113. PUBLIC ACCESS AND PARTICIPATION WITH RESPECT TO AIRPORTS.
(a) PUBLIC ACCESS TO AIRPORT BUDGET. -- Section 511(a)(11) of the
Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2210(a)(11))
is amended by inserting "and a report of the airport budget will be
available to the public at reasonable times and places" before the
semicolon at the end.
(b) PUBLIC PARTICIPATION WITH RESPECT TO AIRPORT PROJECTS. --
Section 509(b)(6)(A) of such Act (49 U.S.C. App. 2208(b)(6)(A)) is
amended by inserting "(i)" after "unless" and by striking the period at
the end and inserting the following: ", and (ii) the sponsor of the
project certifies to the Secretary that the airport management board
either has voting representation from the communities where the project
is located or has advised the communities that they have the right to
petition the Secretary concerning a proposed project.".
SEC. 114. NATIONAL AIRWAY SYSTEM.
(a) ELIMINATION OF REPORTING REQUIREMENT. -- Section 504(b) of the
Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2203(b)) is
amended by striking paragraph (2).
(b) CONFORMING AMENDMENTS. -- Such section is further amended --
(1) by striking "(1)";
(2) by striking "(A)", "(B)", and "(C)" and inserting "(1)",
"(2)", and "(3)", respectively; and
(3) by striking "(i)", "(ii)", and "(iii)" and inserting "(A)",
"(B)", and "(C)", respectively.
SEC. 115. DEFINITION OF PASSENGERS ENPLANED.
Section 503(a)(10) of the Airport and Airway Improvement Act of 1982
(49 U.S.C. App. 2202(a)(10)) is amended by inserting "or Alaska or
Hawaii" after "contiguous States".
SEC. 116. EXTENSION OF STATE BLOCK GRANT PILOT PROGRAM.
(a) EXTENSION. -- Section 534(a) of the Airport and Airway
Improvement Act of 1982 (49 U.S.C. 2227(a)) "49 USC app. 2227" is
amended by striking "1992" and inserting "1996".
(b) PARTICIPATING STATES. -- Section 534(b) of such Act is amended
--
(1) by striking "3" and inserting "7"; and
(2) by adding at the end the following new sentence: "The 7
States to be selected for participation in the program in fiscal
years 1993, 1994, 1995, and 1996 shall include the 3 States
selected for the participation in the program in fiscal year 1992
(Illinois, Missouri, and North Carolina).".
SEC. 117. DISADVANTAGED BUSINESS ENTERPRISE.
(a) ASSURANCE. -- Section 511(a)(17) of the Airport and Airway
Improvement Act of 1982 (49 U.S.C. App. 2210(a)(17)) is amended by
inserting "or which provide ground transportation, baggage carts,
automobile rentals, or other consumer services" after "or other consumer
products".
(b) ADMINISTRATION OF DBE ASSURANCE. -- Section 511 of such Act is
further amended by adding at the end the following new subsection:
"(h) ADMINISTRATION OF DBE ASSURANCE. --
"(1) MANAGEMENT CONTRACTS. -- In administering subsection
(a)(17) of this section, an airport owner or operator is
authorized to meet the overall percentage goal established under
such subsection by including businesses operated through
management contracts and subcontracts. The dollar amount of a
management contract and subcontract with a DBE firm shall be added
to the total of DBE participation in airport concessions and to
the base from which the airport's overall percentage goal is
calculated. The dollar amount of management contracts and
subcontracts with non-DBE firms and the gross revenues of business
activities to which management contracts and subcontracts pertain
shall not be added to this base.
"(2) PURCHASE OF GOODS AND SERVICES. -- Except as provided in
subsection (h)(3), an airport owner or operator may meet the
overall percentage goal established under subsection (a)(17) of
this section by including the purchase from DBE's of goods or
services used in businesses conducted on the airport, provided
that good faith efforts shall be made by the airport owner or
operator and the businesses conducted on the airport to explore
all available options to achieve, to the maximum extent practical,
compliance with such goal through direct ownership arrangements,
including, but not limited to, joint ventures and franchises.
"(3) PROVISION FOR CAR RENTAL FIRMS. --
"(A) In complying with subsection (a)(17) of this section, an
airport owner or operator shall include the revenues of car rental
firms on the airport in the base from which the overall percentage
goal set forth in such subsection is calculated.
"(B) An airport owner or operator may require a car rental firm
to meet any requirement imposed under subsection (a)(17) of this
section through the purchase or lease of goods or services from
DBE's. In the event an airport owner or operator requires the
purchase or lease of goods or services from DBE's, a car rental
firm shall be permitted to meet such requirement by including
purchases or leases of vehicles from any vendor that qualifies as
a small business concern (as defined by the Secretary by
regulation) owned and controlled by socially and economically
disadvantaged individuals (as defined under section 505(d)(2)(B)).
"(C) Nothing in this subsection or subsection (a)(17) of this
section shall require a car rental firm to change its corporate
structure to provide for direct ownership arrangements in order to
meet the requirements of such subsection or subsection (a)(17).
"(4) GENERAL PROVISIONS. --
"(A) Nothing in this subsection or subsection (a)(17) shall
preempt any State or local law, regulation, or policy enacted by
the governing body of an airport owner or operator, or the
authority of any State or local government or airport owner or
operator to adopt or enforce any law, regulation, or policy
relating to DBE's.
"(B) An airport owner or operator shall be permitted to afford
opportunities for small business concerns owned and controlled by
socially and economically disadvantaged individuals to participate
through direct contractual agreement with such concerns.
"(5) EXCLUSION OF AIR CARRIER SERVICES. -- Air carriers in
providing passenger or freight-carrying services and other
businesses that conduct aeronautical activities at an airport
shall not be included in the overall percentage goal set forth in
subsection (a)(17) of this section for participation of small
business concerns at the airport.".
(c) BASIC PROGRAM. -- Section 505(d)(2)(A) of such Act (49 U.S.C.
App. 2204(d)(2)(A)) is amended by striking "$14,000,000" and inserting
"$16,015,000".
(d) REGULATIONS. -- Not later than the 180th day following the date
of the enactment of this Act, "49 USC app. 2210 note" the Secretary of
Transportation shall issue regulations to carry out sections 511(a)(17)
and 511(h) of the Airport and Airway Improvement Act of 1982, as amended
by subsections (a) and (b) of this section, relating to the
disadvantaged business enterprise assurance.
SEC. 118. EXTENSION OF CERTAIN RESTRICTIONS ON CONTRACT AND GRANT
AWARDS.
(a) PROHIBITION AGAINST FRAUDULENT USE OF "MADE IN AMERICA" LABELS.
-- Section 9130 of the Aviation Safety and Capacity Expansion Act of
1990 (49 U.S.C. App. 2226b) is amended by inserting ", section 106(k) of
title 49, United States Code, or the Airport and Airway Improvement Act
of 1982 (other than section 506(b))" after "subtitle".
(b) FOREIGN GOVERNMENTS DISCRIMINATING AGAINST U.S. PRODUCTS. --
Section 9131 of such Act (49 U.S.C. App. 2226c) is amended by inserting
", section 106(k) of title 49, United States Code, or the Airport and
Airway Improvement Act of 1982 (other than section 506(b))" after
"subtitle".
SEC. 119. "49 USC app. 1354 note" ACQUISITION OR CONSTRUCTION OF
FACILITIES FOR ADVANCED TRAINING OF MAINTENANCE TECHNICIANS FOR AIR
CARRIER AIRCRAFT.
(a) GRANTS. -- The Administrator of the Federal Aviation
Administration may make grants to not to exceed 4 vocational technical
institutions for the purpose of acquiring or constructing facilities to
be used for the advanced training of maintenance technicians for air
carrier aircraft.
(b) ELIGIBILITY CRITERIA. -- The Administrator may only make a grant
under this section to a vocational technical educational institution if
such institution has a training curriculum which prepares aircraft
maintenance technicians who hold an airframe and power plant certificate
issued under subpart D of part 65 of title 14 of the Code of Federal
Regulations to maintain, without direct supervision, air carrier
aircraft.
(c) LIMITATION ON AMOUNTS OF GRANTS. -- The maximum amount of
Federal funds which a vocational technical educational institution may
receive, in the aggregate, through grants made under this section shall
be $5,000,000.
(d) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated, from the Airport and Airway Trust Fund, such sums as may
be necessary for carrying out this section for fiscal years 1993, 1994,
and 1995. Such sums shall remain available until expended.
SEC. 120. "49 USC app. 1348 note" AIR TRAFFIC CONTROLLER STAFFING.
The Administrator of the Federal Aviation Administration shall
develop and submit annually to the Committee on Public Works and
Transportation of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report containing
the staffing standards used to determine the number of air traffic
controllers needed to operate the air traffic control system of the
United States, a 3-year projection of the number of air traffic
controllers needed to be employed to operate such system to meet such
standards, and a detailed plan for employing such controllers, including
projected budget requests.
SEC. 121. AVIATION SAFETY INSPECTORS.
The Administrator of the Federal Aviation Administration shall
develop and submit by June 30, 1993, to the Committee on Public Works
and Transportation of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate --
(1) a report on the criteria used to determine the required
number of safety inspectors; and
(2) a 3-year projection of the number of inspectors needed, the
training plans for such inspectors, and the support staff required
for the inspector workforce.
SEC. 122. LIMITATION ON PRIVATIZATION OF OPERATION OF CERTAIN
AIRPORT CONTROL TOWERS.
The Administrator of the Federal Aviation Administration shall not
enter into any contract on or before September 30, 1994, with a private
person for operation of an airport control tower at any airport which in
fiscal year 1990 had 5,500 or more air carrier operations and 40,000 or
more air taxi operations unless the owner or operator of such airport
first agrees, in writing, to the Administrator entering into such
contract.
SEC. 123. "49 USC app. 2102 note" EFFECTS OF AIRPORT NOISE.
(a) STUDY. -- The Administrator of the Federal Aviation
Administration shall --
(1) analyze the social, economic, and health effects of airport
noise on populations within 65, 60, and 55 LDN noise areas to
determine the actual level at which noise creates an adverse
impact on populations; and
(2) study the effect of single event noise on populations.
(b) REPORT. -- Not later than 1 year after the date of the enactment
of this Act and after providing notice and opportunity for public
comment, the Administrator shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Public
Works and Transportation of the House of Representatives a report on the
results of the analysis and study conducted under subsection (a).
SEC. 124. "49 USC app. 1421 note" AIRCRAFT OPERATIONS IN WINTER
CONDITIONS.
(a) IN GENERAL. -- Before November 1, 1992, the Administrator of the
Federal Aviation Administration shall require, by regulation, procedures
to improve safety of aircraft operations during winter conditions.
(b) FACTORS TO BE CONSIDERED. -- In determining procedures to be
required under subsection (a), the Administrator shall consider, among
other things, aircraft and air traffic control modifications, the
availability of different types of deicing fluids (taking into account
their efficacy and environmental limitations), the types of deicing
equipment available, and the feasibility and desirability of
establishing timeframes within which deicing must occur under certain
types of inclement weather.
SEC. 125. VISUAL FLIGHT RULE ROUTES FOR COMPLEX TERMINAL AIRSPACE
AREAS.
Section 307(b) of the Federal Aviation Act of 1958 (49 U.S.C. App.
1348(b)) is amended by adding at the end the following: "In carrying
out clause (3), the Administrator shall update and arrange for
publication of clearly defined routes for navigating through a complex
terminal airspace area, and to and from an airport located within such
an area, where the Administrator determines that publication of such
routes would promote safety in air navigation. Such routes shall be for
the optional use of pilots operating under visual flight rules and shall
be developed in consultation with pilots and other users of affected
airports.".
SEC. 126. STUDY ON REFLECTORIZATION OF TAXIWAY AND RUNWAY MARKINGS.
(a) STUDY. -- The Secretary of Transportation shall conduct a study
to determine whether the safety benefits derived from the
reflectorization of runways and taxiways of all military airfields under
Federal Specification TT-B-1325B should be extended to runways and
taxiways of public use airports.
(b) REPORT. -- Not later than June 30, 1993, the Secretary shall
transmit to Congress a report on the results of the study conducted
under this section, together with recommendations concerning
requirements for upgraded reflectorization of runways and taxiways at
public use airports.
SEC. 127. "49 USC app. 2204 note" OPTIONS TO PURCHASE LAND.
(a) STUDY. -- The Secretary of Transportation shall conduct a study
on the purchase of options to purchase land for airport development.
(b) CONTENT. -- In conducting the study under subsection (a), the
Secretary shall examine the following:
(1) ELIGIBILITY FOR FUNDING. -- Whether or not the purchase of
options to purchase land for airport development should be
eligible for funding under the Airport Improvement Program.
(2) CONDITIONS. -- If the purchase of such options become
eligible for funding under the Airport Improvement Program --
(A) whether or not certain limitations should be imposed on
such purchases;
(B) whether or not priority should be afforded to the funding
of such purchases in relation to other airport development
projects; and
(C) whether or not certain environmental requirements should be
imposed on such purchases.
(c) REPORT. -- Not later than December 31, 1993, the Secretary shall
transmit to Congress a report on the results of the study conducted
under subsection (a), together with any appropriate recommendations for
legislative and administrative action.
SEC. 128. LIGHTING SYSTEMS FOR AIRCRAFT OBSTRUCTIONS AND AIRPORT
RUNWAYS.
(a) STUDY. -- The Secretary of Transportation shall conduct a study
to assess the current Federal program for monitoring the installation
and operation of lighting systems for aircraft obstructions and airport
runways.
(b) REPORT. -- Not later than 180 days after the date of the
enactment of this Act, the Secretary shall transmit to the Committee on
Public Works and Transportation of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report containing the results of the study conducted under this section,
together with recommendations on methods to ensure that the best
available technologies are utilized in lighting systems described in
subsection (a).
SEC. 129. "49 USC app. 2204 note" ECONOMIC BENEFITS OF AIRPORT
DEVELOPMENT PROJECTS.
(a) STUDY. -- The Secretary of Transportation shall conduct a study
to assess the economic benefits of carrying out airport development
projects in areas designated as "redevelopment areas" under section 401
of the Public Works and Economic Development Act of 1965.
(b) REPORT. -- Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report
containing the results of the study conducted under subsection (a),
together with recommendations on whether or not airport development
projects in areas described in subsection (a) should receive priority
consideration in the distribution of grants under the Airport
Improvement Program.
SEC. 130. "49 USC app. 2104 note" SOUNDPROOFING OF CERTAIN
RESIDENTIAL BUILDINGS IN AREAS SURROUNDING AIRPORTS.
During the 2-year period beginning on the date of the enactment of
this Act, the Secretary may make grants under section 104(c)(2) of the
Aviation Safety and Noise Abatement Act of 1979 for projects to
soundproof residential buildings --
(1) if the operator of the airport involved received approval
for a grant for a project to soundproof residential buildings
pursuant to section 301(d)(4)(B) of the Airport and Airway Safety
and Capacity Expansion Act of 1987;
(2) if the operator of the airport involved submits updated
noise exposure contours, as required by the Secretary; and
(3) if the Secretary determines that the proposed projects are
compatible with the purposes of the Aviation Safety and Noise
Abatement Act of 1979.
SEC. 131. LAREDO INTERNATIONAL AIRPORT, LAREDO, TEXAS.
Section 313(c)(2)(C) of the Airport and Airway Safety and Capacity
Expansion Act of 1987 (101 Stat. 1531) is amended by striking "20 years"
and inserting "40 years".
SEC. 132. "49 USC app. 2204 note" STUDY OF SMALL AIRPORT RUNWAY
MAINTENANCE.
(a) STUDY. -- The Secretary of Transportation shall conduct a study
to assess the ability of airports which annually enplane .05 percent or
less of total enplanements in the United States to finance the
maintenance of runways, aprons, and taxiways constructed under the
Airport Improvement Program, whether or not it would be desirable to
make maintenance of runways, aprons, and taxiways eligible projects for
grants under the Airport Improvement Program, and whether or not the
result of making such maintenance eligible projects would be to reduce
the long-term costs of airport development.
(b) REPORT. -- Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report
containing the results of the study conducted under subsection (a),
together with recommendations.
SEC. 133. TUCSON STUDY.
(a) STUDY. -- The Administrator of the Federal Aviation
Administration shall conduct a study of the current and projected need
for air traffic control and related services in the airspace in the
vicinity of Tucson, Arizona. In particular the study shall focus upon
--
(1) the facilities and personnel necessary to assist general
aviation pilots in the vicinity of Tucson and the United
States-Mexico border area with services such as weather and
traffic advisories;
(2) flight plan filings; and
(3) notification of law enforcement agencies that monitor
international air traffic between Arizona and Mexico.
(b) REPORT. -- Not later than May 1, 1993, the Administrator of the
Federal Aviation Administration shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Public Works and Transportation of the House of Representatives a report
on the results of the study conducted under subsection (a). The report
shall include the Administrator's evaluation of the ability of the
consolidation plans of the Federal Aviation Administration to assure no
reduction or delay in the delivery of air traffic control and related
services to pilots in the vicinity of Tucson.
(c) STATUS. -- The Administrator of the Federal Aviation
Administration shall not change the status (including reductions in
staff, changes in operating hours, changes in jurisdiction, and
disconnection of telephone lines) of the Tucson flight service station
before the 60th day following the date on which the report required by
subsection (b) is submitted.
SEC. 134. "16 USC 1a-1 note" AIR TRAFFIC OVER GRAND CANYON.
(a) STUDY. -- The Administrator of the Federal Aviation
Administration, in consultation with the Director of the National Park
Service, the State of Arizona, the State of Nevada, the Clark County
Department of Aviation, affected Indian tribes, and the general public,
shall conduct a study on increased air traffic over Grand Canyon
National Park.
(b) REPORT. -- The Administrator of the Federal Aviation
Administration shall submit to Congress a report on the results of the
study conducted under subsection (a). The report shall include the
following:
(1) A report on the increase in air traffic over Grand Canyon
National Park since 1987.
(2) A forecast of the increase in air traffic over Grand Canyon
National Park through 2010.
(3) A report on the carrying capacity of the airspace over
Grand Canyon National Park to ensure aviation safety and to meet
the requirements established by section 3 of the Act of August 18,
1987 (Public Law 100-91; 101 Stat. 676), including the
substantial restoration of natural quiet at the Park.
(4) A plan of action to manage increased air traffic over Grand
Canyon National Park to ensure aviation safety and to meet the
requirements established by such section 3 of the Act of August
18, 1987, including any measures to encourage or require the use
of quiet aircraft technology by commercial air tour operators.
SEC. 135. "49 USC app. 1353 note" CIVIL TILTROTOR DEVELOPMENT
ADVISORY COMMITTEE.
(a) ESTABLISHMENT. -- The Secretary of Transportation shall
establish in the Department of Transportation a Civil Tiltrotor
Development Advisory Committee (hereinafter in this section referred to
as the "Advisory Committee") to evaluate the technical feasibility and
economic viability of developing civil tiltrotor aircraft and a national
system of infrastructure to support the incorporation of tiltrotor
aircraft technology into the national transportation system.
(b) MEMBERSHIP. --
(1) APPOINTMENT. -- The Advisory Committee shall be composed
of members appointed by the Secretary of Transportation, not later
than 60 days after the date of the enactment of this Act, as
follows:
(A) At least 1 representative of the Department of
Transportation.
(B) At least 1 representative of the Federal Aviation
Administration.
(C) At least 1 representative of the National Aeronautics and
Space Administration.
(D) Representatives of other Federal departments and agencies,
State and local governments, and private industry, as considered
appropriate and necessary by the Secretary.
(2) QUALIFICATION. -- Members appointed pursuant to
subparagraphs (A), (B), and (C) of paragraph (1) shall be
appointed from among individuals employed under the Federal
departments and agencies described in such subparagraphs who
receive an annual rate of basic pay which equals or exceeds the
rate payable for level VI of the Senior Executive Service.
(3) CHAIRPERSON. -- The Secretary of Transportation shall
appoint a Chairperson of the Advisory Committee from among
individuals employed under the Department of Transportation who
receive an annual rate of basic pay which equals or exceeds the
rate payable for level IV of the Executive Schedule.
(c) DUTIES. -- The Advisory Committee shall --
(1) determine the costs, feasibility, and economic viability of
developing a civil tiltrotor aircraft and establishing the
necessary infrastructure to incorporate such aircraft and other
advanced vertical takeoff and landing aircraft into the national
transportation system;
(2) determine the benefits to the national economy and
transportation system, including the potential for improved
linkages and connections with other modes of transportation, of
incorporating civil tiltrotor aircraft and other advanced vertical
takeoff and landing aircraft into the national transportation
system;
(3) determine further aeronautical research and development
requirements needed to incorporate civil tiltrotor aircraft and
other advanced vertical takeoff and landing aircraft into the
national transportation system;
(4) determine changes to regulatory standards governing use of
the airspace which would be required to incorporate civil
tiltrotor aircraft and other advanced vertical takeoff and landing
aircraft into the national transportation system; and
(5) recommend which of the costs of developing civil tiltrotor
aircraft and establishing the infrastructure necessary to support
civil tiltrotor aircraft and other advanced vertical takeoff and
landing aircraft should be paid by the Federal Government and
which of such costs should be paid by private industry.
(d) REPORT. -- Not later than the 365th day following the date of
the first meeting of the Advisory Committee, the Advisory Committee
shall transmit to Congress a report containing its determinations and
recommendations under subsection (c).
(e) TERMINATION. -- The Advisory Committee shall terminate on the
30th day following the date of submission of its report under subsection
(d).
SEC. 136. TECHNICAL AMENDMENTS.
(a) EXEMPTION RELATED TO CERTAIN AGREEMENTS. -- Section
9304(a)(2)(D) of the Airport Noise and Capacity Act of 1990 (49 U.S.C.
App. 2153(a)(2)(D)) is amended by striking all after "changes" and
inserting the following: ", unless an agreement relating to noise
reductions at such airport is entered into between the airport
proprietor and an airline or airlines constituting a majority of the
airline use of such airport, in which case the exception to subsections
(b) and (d) provided by this sentence shall apply only to local actions
to enforce such agreement.".
(b) AIRCRAFT CONTRACTS. -- Section 9309 of the Airport Noise and
Capacity Act of 1990 (49 U.S.C. App. 2158) is amended --
(1) in subsection (a)(2) by striking "written contract
executed" and inserting "legally binding contract entered into";
and
(2) in subsection (c)(2) by striking "air".
SEC. 201. PROCUREMENT REFORM.
(a) IN GENERAL. -- Section 303 of the Federal Aviation Act of 1958
(49 U.S.C. App. 1344) is amended by adding at the end the following new
subsections:
"(g) LIMITED SOURCES OF PROCUREMENT. -- The Administrator shall have
the same authority as the Administrator would have under section
2304(c)(1) of title 10, United States Code, if the Federal Aviation
Administration were an agency listed under section 2303(a) of title 10,
United States Code.
"(h) CONTRACT TOWER PROGRAM. -- The Administrator may enter into a
contract, on a sole source basis, with a State or political subdivision
thereof for the purpose of permitting such State or political
subdivision to operate an airport traffic control tower classified as a
level I visual flight rules tower by the Administrator if the
Administrator determines that the State or political subdivision has the
capability to comply with the requirements of this subsection. Any such
contract shall require that the State or political subdivision comply
with all applicable safety regulations in its operation of the facility
and with applicable competition requirements in the subcontracting of
any work to be performed under the contract.".
(b) CONFORMING AMENDMENT. -- The portion of the table of contents
contained in the first section of such Act relating to section 303 is
amended by adding at the end the following:
"(g) Limited sources of procurement.
"(h) Contract tower program.".
SEC. 202. AVIATION SECURITY TRAINING.
Section 316(c) of the Federal Aviation Act of 1958 (49 U.S.C.
1357(c)) "49 USC app. 1357" is amended by inserting "(1)" after "(c)"
and by adding at the end the following new paragraph:
"(2) REIMBURSEMENT FOR CERTAIN EXPENSES. -- At the discretion
of the Administrator, reimbursement may be made for travel,
transportation, and subsistence expenses for the security training
of non-Federal domestic and foreign security personnel whose
services will contribute significantly to carrying out civil
aviation security programs under this section. To the extent
practicable, air travel reimbursed under this paragraph shall be
conducted on United States air carriers.".
SEC. 203. HAZARDS TO SAFE AND EFFICIENT AIR COMMERCE.
(a) NOTICE OF CONSTRUCTION. -- Section 1101(a) of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1501(a)) is amended --
(1) by inserting after "of the construction or alteration," the
following: "or the establishment or expansion,";
(2) by inserting after "or of the proposed construction or
alteration," the following: "or of the proposed establishment or
expansion,"; and
(3) by inserting "or sanitary landfill" after "structure".
(b) LANDFILL HAZARD STUDY AND REPORT. "49 USC app. 1501 note" --
(1) REQUIREMENTS. -- The Secretary of Transportation, in
consultation with the Administrator of the Environmental
Protection Agency, shall conduct a study to determine whether a
municipal solid waste facility located within a 5-mile radius of
the end of a runway may have the potential for attracting or
sustaining bird movements (from feeding, watering, or roosting in
the area) that may pose a hazard across the runways or approach
and departure patterns of aircraft.
(2) REPORT. -- Not later than December 31, 1993, the Secretary
of Transportation shall transmit to Congress, after first having
provided an opportunity for public comment, a report on the
results of the study conducted under paragraph (1), together with
an assessment of the threat posed to aviation safety by the
location of solid waste facilities near airport runways. The
report shall include recommendations concerning the construction
of new solid waste facilities and the expansion of existing
facilities within a 5-mile radius of an airport runway.
SEC. 204. "49 USC app. 1371 note" NATIONAL COMMISSION TO PROMOTE A
STRONG AND COMPETITIVE AIRLINE INDUSTRY.
(a) FINDINGS. -- Congress finds the following:
(1) The Nation's airlines must be part of an intermodal
transportation system that will move people and goods in the
fastest, most efficient manner.
(2) The Nation's airlines provide our connections with the
global economy. A strong airline industry is essential to our
Nation's ability to compete in the international marketplace.
(3) The Nation's airlines are in a state of financial distress,
having lost more than $6,000,000,000 in 1990 and 1991. These
losses threaten the ability of our airlines to accommodate the
growing aviation traffic demands of the 1990's which threaten to
undermine our Nation's ability to compete in the global economy.
(4) Because of the airline industry's financial distress and
the absence of government policies to promote competition, there
has been a precipitous decline in the number of major airlines.
Of the 22 airlines which entered the industry following airline
deregulation, only 2 are now operating. The rest have either gone
out of business or merged with other carriers.
(5) Concentration in the airline industry has advanced rapidly
in the past few years. The top 4 major airlines now control 67
percent of aviation traffic and the top 7 airlines now control 91
percent of aviation traffic. Three major airlines, carrying 19
percent of aviation traffic, are in chapter 11 bankruptcy and
their survival is in doubt.
(6) The continued success of a deregulated airline system
requires the spur of effective actual and potential competition to
force airlines to provide high quality service at the lowest
possible fares.
(7) Further reductions in the number of major airlines may
leave the industry without sufficient competition to ensure a
continuation of the benefits consumers have received under airline
deregulation.
(b) ESTABLISHMENT. -- There is established a commission to be known
as the "National Commission to Ensure a Strong Competitive Airline
Industry" (hereinafter in this section referred to as the "Commission").
(c) FUNCTIONS. --
(1) INVESTIGATION AND STUDY. -- The Commission shall make a
complete investigation and study of the financial condition of the
airline industry, the adequacy of competition in the airline
industry, and legal impediments to a financially strong and
competitive airline industry.
(2) POLICY RECOMMENDATIONS. -- Based on the results of the
investigation and study to be conducted under paragraph (1), the
Commission shall recommend to the President and Congress those
policies which need to be adopted to --
(A) achieve the national goal of a strong and competitive
airline system which will facilitate the ability of the Nation to
compete in the global economy;
(B) provide adequate levels of competition and service at
reasonable fares in cities of all sizes;
(C) retard the flow of United States air carrier bankruptcies
and accompanying loss of jobs for United States citizens;
(D) provide a stable work environment for airline industry
employees; and
(E) continue to reduce noise for citizens around airports
without damaging the economic or competitive positions of the air
carriers.
(3) CONSIDERATION OF AIRCRAFT NOISE ABATEMENT. -- In carrying
out the study and investigation under paragraph (1), the
Commission shall take into account aircraft noise abatement, a
priority established by Congress by enactment of the Airport Noise
and Capacity Act of 1990.
(d) SPECIFIC MATTERS TO BE ADDRESSED. -- The Commission shall
specifically investigate and study under subsection (c)(1) the
following:
(1) FINANCIAL CONDITION OF AIRLINE INDUSTRY. -- The current
financial condition of the airline industry and how the industry's
financial condition is likely to change over the next 5 years,
including --
(A) the profits or losses likely to be achieved by the airline
industry over the next 5 years;
(B) whether or not any profits realized will be adequate to
permit airlines to acquire the capital equipment necessary to meet
the demand of the traveling public in a safe and efficient manner,
while complying with environmental regulations; and
(C) whether or not any major airlines are likely to fail or
sell major assets in order to survive.
(2) ADEQUACY OF COMPETITION. -- The current state of
competition in the airline industry, how the structure of airline
industry competition is likely to change over the next 5 years,
and whether or not the expected level of competition will be
sufficient to continue the consumer benefits of airline
deregulation.
(3) LEGAL IMPEDIMENTS TO A FINANCIALLY STRONG AND COMPETITIVE
AIRLINE INDUSTRY. -- Whether or not the Federal Government should
take any legislative or administrative actions to improve the
financial conditions of the airline industry or to enhance airline
competition, including whether or not any changes are needed in
the legal and administrative policies which govern --
(A) the initial award and the transfer of international airline
routes;
(B) the allocation of slots at high density airports;
(C) the allocation of gates, particularly at airports dominated
by 1 or a limited number of airlines;
(D) frequent flier programs;
(E) airline computer reservations systems;
(F) the rights of foreign investors to invest in United States
airlines;
(G) the taxes and user fees imposed on United States airlines;
(H) the regulatory responsibilities imposed on United States
airlines;
(I) the bankruptcy laws of the United States and related
fitness rules administered by the Department of Transportation as
they apply to airlines; and
(J) the obligations of failing airlines to meet pension
obligations.
(4) INTERNATIONAL AVIATION POLICY. -- Whether or not the
policies and strategies followed by the United States in
international aviation are promoting the ability of United States
airlines to achieve long-term competitive success in international
markets, including --
(A) the Government's general negotiating policy;
(B) the desirability of multilateral rather than bilateral
negotiations;
(C) whether or not foreign countries have developed the
necessary infrastructure of airports and airways to enable United
States airlines to provide the service needed to meet the demand
for aviation service between the United States and such countries;
(D) the rights granted foreign airlines to provide service in
United States domestic markets ("cabotage"); and
(E) the rights granted foreign investors to invest in United
States airlines.
(5) ASSESSMENT OF AIRCRAFT MANUFACTURING INDUSTRY. -- The
state of the United States aircraft manufacturing industry and
make recommendations to the President and Congress concerning
policies that will help foster a healthy, competitive United
States aircraft manufacturing industry.
(6) STUDY OF INCENTIVES FOR EXPEDITED FLEET CONVERSION. -- The
possibility of long-term loan guarantees and tax incentives for
air carriers to expedite the conversion of the commercial airline
fleet from Stage 2 to Stage 3 aircraft in advance of the deadlines
established by the Airport Noise and Capacity Act of 1990.
(e) MEMBERSHIP. --
(1) APPOINTMENT. -- The Commission shall be composed of 7
members as follows:
(A) 1 member appointed by the President.
(B) 3 members appointed by the Speaker of the House of
Representatives.
(C) 3 members appointed by the majority leader of the Senate.
(2) QUALIFICATIONS. --
(A) IN GENERAL. -- Members appointed pursuant to paragraph (1)
shall be appointed from among individuals who are experts in
transportation policy (including representatives of Federal,
State, and local governments and other public authorities owning
or operating airports) and organizations representing airlines,
passengers, shippers, airline employees, aircraft manufacturers,
general aviation, and the financial community.
(B) SECTORS REPRESENTED. -- Members appointed pursuant to
paragraph (1) shall be appointed in a manner such that the
interests of both large hub airports and small airports with
commercial air service will be taken into consideration. One
member of the Commission shall be a citizen representing a
consensus among citizen noise groups or noise affected
municipalities.
(3) TERMS. -- Members shall be appointed for the life of the
Commission.
(4) VACANCIES. -- A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) TRAVEL EXPENSES. -- Members shall serve without pay but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title 5,
United States Code.
(6) CHAIRMAN. -- The Chairman of the Commission shall be
elected by the members.
(f) STAFF. -- The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
(g) STAFF OF FEDERAL AGENCIES. -- Upon request of the Commission,
the head of any department or agency of the United States may detail, on
a reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
section.
(h) ADMINISTRATIVE SUPPORT SERVICES. -- Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support services
necessary for the Commission to carry out its responsibilities under
this section.
(i) OBTAINING OFFICIAL DATA. -- The Commission may secure directly
from any department or agency of the United States information (other
than information required by any statute of the United States to be kept
confidential by such department or agency) necessary for the Commission
to carry out its duties under this section. Upon request of the
Commission, the head of that department or agency shall furnish such
nonconfidential information to the Commission.
(j) REPORT. -- Not later than 6 months after the date on which
initial appointments of members to the Commission are completed, the
Commission shall transmit to the President and Congress a report on the
activities of the Commission, including recommendations made by the
Commission under subsection (c)(2).
(k) TERMINATION. -- The Commission shall terminate on the 180th day
following the date of transmittal of the report under subsection (j).
All records and papers of the Commission shall thereupon be delivered by
the Administrator of General Services for deposit in the National
Archives.
SEC. 205. STRENGTHENING OF COMPETITION.
Section 102 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1302)
is amended by adding at the end the following new subsection:
"(c) STRENGTHENING OF COMPETITION. -- In selecting an air carrier to
provide foreign air transportation from among competing applicants to
provide such transportation, the Secretary shall consider the
strengthening of competition among air carriers operating in the United
States in order to prevent undue concentration in the air carrier
industry, in addition to considering the factors specified in
subsections (a) and (b) of this section.".
SEC. 206. SLOT RULE EFFECTIVE DATE.
The final rule of the Federal Aviation Administration which requires
an increased level of minimum use for high density traffic airport slots
(57 Federal Register 37308) shall take effect January 1, 1993.
SEC. 207. EMERGENCY VISION EQUIPMENT.
The Administrator of the Federal Aviation Administration shall
evaluate and report to the Committee on Public Works and Transportation
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate, no later than 9 months after the date
of the enactment of this Act, on effects of quantities of smoke in the
cockpit of an aircraft which could affect the pilot's vision. In such
report, the Administrator shall also explore the efficiency of any
existing technologies to evacuate smoke from the cockpit, shall evaluate
the need for any change in requirements or operating rules, and shall
estimate the cost of installation of such technologies for the
commercial airline fleet.
SEC. 208. TECHNICAL AMENDMENT TO CIVIL PENALTIES.
Section 901(a)(3)(A) of the Federal Aviation Act of 1958 (49 U.S.C.
App. 1471(a)(3)(A)) is amended by inserting "901(c), 901(d)," after
"section".
SEC. 301. "49 USC app. 2201 note" SHORT TITLE.
This title may be cited as the "Federal Aviation Administration
Research, Engineering, and Development Authorization Act of 1992".
SEC. 302. AVIATION RESEARCH AUTHORIZATION OF APPROPRIATIONS.
Section 506(b)(2) of the Airport and Airway Improvement Act of 1982
(49 U.S.C. App. 2205(b)(2)) is amended by striking subparagraph (A) and
all that follows and inserting in lieu thereof the following:
"(A) for fiscal year 1993 --
"(i) $14,700,000 solely for management and analysis projects
and activities;
"(ii) $87,000,000 solely for capacity and air traffic
management technology projects and activities;
"(iii) $28,000,000 solely for communications, navigation, and
surveillance projects and activities;
"(iv) $7,700,000 solely for weather projects and activities;
"(v) $6,800,000 solely for airport technology projects and
activities;
"(vi) $44,000,000 solely for aircraft safety technology
projects and activities;
"(vii) $41,100,000 solely for system security technology
projects and activities;
"(viii) $31,000,000 solely for human factors and aviation
medicine projects and activities;
"(ix) $4,500,000 for environment and energy projects and
activities; and
"(x) $5,200,000 for innovative/cooperative research projects
and activities; and
"(B) for fiscal year 1994, $297,000,000.
Not less than 15 percent of the amount appropriated pursuant to this
paragraph shall be for long-term research projects, and not less than 3
percent of the amount appropriated under this paragraph shall be
available to the Administrator for making grants under section 312(g) of
the Federal Aviation Act of 1958.".
SEC. 303. "49 USC app. 1421 note" DEICING STUDY.
Not later than 6 months after the date of the enactment of this Act,
the Secretary of Transportation shall report to Congress on the
feasibility of requiring commercial airports and commercial airlines to
employ portable equipment to deice commercial aircraft immediately prior
to takeoff by placing deicing equipment close to the departure end of
the active runway. In addition, the Secretary shall undertake research
to develop new techniques and to develop more efficient fluids and
technologies for deicing.
SEC. 304. "49 USC app. 1353 note" AIRCRAFT NOISE RESEARCH PROGRAM.
(a) ESTABLISHMENT. -- The Administrator of the Federal Aviation
Administration and the Administrator of the National Aeronautics and
Space Administration shall jointly conduct a research program to develop
new technologies for quieter subsonic jet aircraft engines and
airframes.
(b) GOAL. -- The goal of the research program established by
subsection (a) is to develop by the year 2000 technologies for subsonic
jet aircraft engines and airframes which would permit a subsonic jet
aircraft to operate at reduced noise levels.
(c) PARTICIPATION. -- In carrying out the program established by
subsection (a), the Administrator of the Federal Aviation Administration
and the Administrator of the National Aeronautics and Space
Administration shall encourage the participation of representatives of
the aviation industry and academia.
(d) REPORT TO CONGRESS. -- The Administrator of the Federal Aviation
Administration and the Administrator of the National Aeronautics and
Space Administration shall jointly submit to Congress, on an annual
basis during the term of the program established by subsection (a), a
report on the progress being made under the program toward meeting the
goal described in subsection (b).
SEC. 305. "49 USC app. 2226a note" USE OF DOMESTIC PRODUCTS.
(a) PROHIBITION AGAINST FRAUDULENT USE OF "MADE IN AMERICA" LABELS.
-- (1) A person shall not intentionally affix a label bearing the
inscription of "Made in America", or any inscription with that meaning,
to any product sold in or shipped to the United States, if that product
is not a domestic product.
(2) A person who violates paragraph (1) shall not be eligible for any
contract for a procurement carried out with amounts authorized under
this title, including any subcontract under such a contract pursuant to
the debarment, suspension, and ineligibility procedures in subpart 9.4
of chapter 1 of title 48, Code of Federal Regulations, or any successor
procedures thereto.
(b) COMPLIANCE WITH BUY AMERICAN ACT. -- (1) Except as provided in
paragraph (2), the head of each agency which conducts procurements shall
ensure that such procurements are conducted in compliance with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a through 10c,
popularly known as the "Buy American Act").
(2) This subsection shall apply only to procurements made for which
--
(A) amounts are authorized by this title to be made available;
and
(B) solicitations for bids are issued after the date of
enactment of this Act.
(3) The Secretary of Transportation, before January 1, 1994, shall
report to the Congress on procurements covered under this subsection of
products that are not domestic products.
(c) DEFINITIONS. -- For the purposes of this section, the term
"domestic product" means a product --
(1) that is manufactured or produced in the United States; and
(2) at least 50 percent of the cost of the articles, materials,
or supplies of which are mined, produced, or manufactured in the
United States.
SEC. 401. INSURANCE FOR DEPARTMENTS AND AGENCIES OF THE UNITED
STATES.
(a) IN GENERAL. -- Section 1304(a) of the Federal Aviation Act of
1958 (49 U.S.C. App. 1534(a)) is amended --
(1) by inserting after "under this title" the following: ",
including insurance to cover any risk from the operation of an
aircraft while such aircraft is engaged in intrastate, interstate,
or overseas air commerce"; and
(2) by adding at the end the following new sentence: "In
addition, such department or agency may, with the approval of the
President, procure such insurance to cover any risk arising from
the provision of goods or services directly related to and
necessary for an operation of an aircraft covered by insurance
procured under the preceding sentence if such operation is in the
performance of a contract of such department or agency or is for
the purpose of transporting military forces or material on behalf
of the United States pursuant to an agreement between the United
States and a foreign government.".
(b) CONFORMING AMENDMENT. -- Section 1302(a)(3) of such Act (49
U.S.C. App. 1532(a)(3)) is amended by striking "Insurance" and inserting
"Subject to section 1304(a), insurance".
SEC. 402. EXTENSION OF PROGRAM.
Section 1312 of the Federal Aviation Act of 1958 (49 U.S.C. App.
1542) is amended by striking "1992" and inserting "1997".
SEC. 403. "49 USC app. 1531 note" ADMINISTRATION OF AVIATION
INSURANCE PROGRAM.
(a) REVIEW. -- The Comptroller General of the United States shall
conduct a review of the administration of the aviation insurance program
under title XIII of the Federal Aviation Act of 1958 during the Persian
Gulf conflict for the purpose of determining methods of improving the
efficiency of the administration of such program by reducing the
paperwork and time period required for provision of insurance under such
program.
(b) REPORT. -- Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall transmit to Congress a report
on the results of the review conducted under subsection (a), together
with any recommendations of the Comptroller General for improving the
efficiency of the administration of the aviation insurance program under
title XIII of the Federal Aviation Act of 1958.
SEC. 404. "49 USC app. 1542 note" CONTINUATION OF AVIATION INSURANCE
LAWS.
Notwithstanding any other provision of law, the provisions of title
XIII of the Federal Aviation Act of 1958 and all insurance policies
issued by the Secretary of Transportation under such title, as in effect
on September 30, 1992, shall be treated as having continued in effect
until the date of the enactment of this Act.
SEC. 501. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND.
Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986
"26 USC 9502" (relating to expenditures from Airport and Airway Trust
Fund) is amended --
(1) by striking "October 1, 1992" and inserting "October 1,
1995", and
(2) by striking in subparagraph (A) "(as such Acts were in
effect on the date of the enactment of the Aviation Safety and
Capacity Expansion Act of 1990)" and inserting "(as such Acts were
in effect on the date of the enactment of the Airport and Airway
Safety, Capacity, Noise Improvement, and Intermodal Transportation
Act of 1992)".
SEC. 502. CLARIFICATION OF TRUST FUND REVENUES.
(a) IN GENERAL. -- Paragraph (1) of section 9502(e) of the Internal
Revenue Code of 1986 (relating to special rules for transfers into trust
fund) is amended to read as follows:
"(1) INCREASES IN TAX REVENUES BEFORE 1993 TO REMAIN IN GENERAL
FUND. -- In the case of taxes imposed before January 1, 1993, the
amounts required to be appropriated under paragraphs (1), (2), and
(3) of subsection (b) shall be determined without regard to any
increase in a rate of tax enacted by the Revenue Reconciliation
Act of 1990.".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a) "26 USC
9502 note" shall take effect as if included in section 11213 of the
Revenue Reconciliation Act of 1990 on the date of the enactment of such
Act.
Approved October 31, 1992.
LEGISLATIVE HISTORY -- H.R. 6168:
CONGRESSIONAL RECORD, Vol. 138 (1992): Oct. 5, considered and passed
House. Oct. 8, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): Oct.
31, Presidential statement.
Public Law 102-580, 106 Stat. 4797
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "33 USC 2201 note" SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE. -- This Act may be cited as the "Water Resources
Development Act of 1992".
(b) TABLE OF CONTENTS. --
Sec. 1. Short title; table of contents
Sec. 2. Findings
Sec. 3. Secretary defined.
Sec. 101. Project authorizations.
Sec. 102. Project modifications.
Sec. 103. Visitor centers.
Sec. 104. Small navigation projects.
Sec. 105. Small flood control projects.
Sec. 106. Sonoma baylands wetland demonstration project.
Sec. 107. Upper Mississippi River plan.
Sec. 108. Quarantine facility.
Sec. 109. Columbia, Snake, and Clearwater Rivers.
Sec. 110. Outer Harbor, Buffalo, New York.
Sec. 111. Small streambank control project, Walnut Canyon Creek,
California.
Sec. 112. Montgomery Point Lock and Dam, Arkansas.
Sec. 113. Major rehabilitation.
Sec. 114. Studies.
Sec. 115. Continuation of authorization of certain projects and
studies.
Sec. 116. Project deauthorizations.
Sec. 117. Deauthorization of a portion of the Canaveral Harbor,
Florida, project.
Sec. 118. Namings.
Sec. 201. Ability to pay.
Sec. 202. Projects for improvements of the environment.
Sec. 203. Voluntary contributions for environmental and recreation
projects.
Sec. 204. Beneficial uses of dredged material.
Sec. 205. Definition of rehabilitation for inland waterway projects.
Sec. 206. Construction of shoreline protection projects by
non-Federal interests.
Sec. 207. Cost-sharing for disposal of dredged material on beaches.
Sec. 208. Fees for development of State water plans.
Sec. 209. Dam safety program extension
Sec. 210. Safety award and promotional materials.
Sec. 211. Work for others.
Sec. 212. Use of private sector resources in surveying and mapping.
Sec. 213. Use of domestic products.
Sec. 214. Rural project evaluation and selection criteria.
Sec. 215. Compensation of Corps of Engineers employees.
Sec. 216. Dredged material disposal areas.
Sec. 217. Reuse of waste water.
Sec. 218. Demonstration of waste water technology, Santa Clara
Valley Water District and San Jose, California.
Sec. 219. Environmental infrastructure.
Sec. 220. Environmental infrastructure assistance for Benton and
Washington Counties, Arkansas.
Sec. 221. Environmental infrastructure assistance for Erie County,
New York.
Sec. 222. Environmental infrastructure assistance for Lewiston, New
York.
Sec. 223. Board of Engineers.
Sec. 224. Channel depths and dimensions.
Sec. 225. Challenge cost-sharing program for the management of
recreation facilities.
Sec. 226. Debarment of persons convicted of fraudulent use of "Made
in America" labels.
Sec. 301. Extension of jurisdiction of Mississippi River Commission.
Sec. 302. New York zebra mussel program.
Sec. 303. Susquehanna River, Pennsylvania.
Sec. 304. Broad Top region of Pennsylvania.
Sec. 305. Construction of boat ramps and docks at J. Strom Thurmond
Lake, Georgia.
Sec. 306. West Virginia trailhead facilities.
Sec. 307. Water quality projects.
Sec. 308. Baltimore Harbor, Maryland.
Sec. 309. Additional studies.
Sec. 310. Rend Lake, Illinois.
Sec. 311. Portugese and Bucana Rivers, Puerto Rico.
Sec. 312. Little Goose and Lower Granite, Washington.
Sec. 313. South Central Pennsylvania environmental restoration
infrastructure and resource protection development pilot program.
Sec. 314. Illinois and Michigan Canal.
Sec. 315. Virginia Beach, Virginia, technical amendments.
Sec. 316. Transfer facility for beneficial uses of dredged material,
San Francisco Bay.
Sec. 317. Pikeville Lake, Kentucky.
Sec. 318. Raystown Lake, Pennsylvania.
Sec. 319. Santa Rosa plain, California.
Sec. 320. Klamath Glen levee, California.
Sec. 321. Phoenix, Arizona.
Sec. 322. Water supply needs of Mahoning Valley Sanitary District,
Ohio.
Sec. 323. Sault Sainte Marie, Michigan.
Sec. 324. Hackensack Meadowlands area, New Jersey.
Sec. 325. Land exchange, Allatoona Lake, Georgia.
Sec. 326. New York Bight and Harbor study.
Sec. 327. Availability of contaminated sediments information.
Sec. 328. Milwaukee Harbor, Wisconsin.
Sec. 329. Arthur Kill, New York and New Jersey.
Sec. 330. Harbor Maintenance Trust Fund deposits and expenditures.
Sec. 331. Conemaugh River Basin, Pennsylvania.
Sec. 332. Transfer of locks and appurtenant features, Fox River
System, Wisconsin.
Sec. 333. Fish and wildlife mitigation.
Sec. 334. Chesapeake Bay beneficial use site management.
Sec. 335. Declaration of nonnavigability for portions of Cuyahoga
County, Ohio.
Sec. 336. Lockwoods Folly River, Brunswick County, North Carolina.
Sec. 337. Port Everglades, Florida.
Sec. 338. 1993 World University Games.
Sec. 339. Nuisance aquatic vegetation in Lake Gaston, Virginia and
North Carolina.
Sec. 340. Southern West Virginia environmental restoration
infrastructure and resource protection development pilot program.
Sec. 341. Tennessee River Heritage Museum and Education Facility.
Sec. 342. Tennessee Valley Exhibit Commission of Alabama.
Sec. 343. Red Rock Dam and Lake, Iowa.
Sec. 344. Environmental project modifications, Sacramento River,
California.
Sec. 345. Bank stabilization and marsh creation.
Sec. 346. Connecticut coastal saltmarsh restoration authorization.
Sec. 347. Winfield, Buffalo, and Eleanor, West Virginia.
Sec. 348. Land conveyance, city of Fort Smith, Arkansas.
Sec. 349. Rahway River, New Jersey.
Sec. 350. San Francisco Bay, California.
Sec. 351. Flood warning response system.
Sec. 352. Tarrant County, Texas.
Sec. 353. Release of certain use restriction.
Sec. 354. Fort Point, Galveston, Texas.
Sec. 355. Presidio of San Francisco, California.
Sec. 356. Sediment management strategy for Maumee River, Toledo
Harbor.
Sec. 357. Southeast light on Block Island, Rhode Island.
Sec. 358. Allendale Dam, North Providence, Rhode Island.
Sec. 359. Lake Degray water supply.
Sec. 360. Souris River, North Dakota.
Sec. 361. Abandoned and wrecked barge removal.
Sec. 362. Quonset Point-Davisville, Rhode Island.
Sec. 363. Stillwater, Minnesota.
Sec. 364. Stormwater discharges.
Sec. 401. International outreach program.
Sec. 402. Marine technology review.
Sec. 403. La Guardia Dike, New York.
Sec. 404. Atlantic Coast of New York.
Sec. 405. Sediments decontamination technology.
Sec. 501. Short title and definitions.
Sec. 502. National Contaminated Sediment Task Force.
Sec. 503. Sediment survey and monitoring.
Sec. 504. Concurrence by the Administrator.
Sec. 505. State ocean dumping requirements.
Sec. 506. Site designation.
Sec. 507. Permit conditions.
Sec. 508. Ocean dumping penalties.
Sec. 509. Authorization of appropriations.
Sec. 510. Report to Congress.
SEC. 2. FINDINGS.
Congress finds that --
(1) a sound and strong infrastructure is the essential core and
foundation of the Nation's economic well-being and growth and its
ability to compete in the global economy;
(2) the Nation's infrastructure has been sorely neglected for
years, and there is a desperate need at every level of government
to increase infrastructure investment for the benefit of future
generations;
(3) it is the responsibility of the Federal Government to
provide coordination, direction, and assistance in the restoration
and maintenance of a sound infrastructure, including a national
transportation system involving surface, air, and water
transportation and facilities for restoration and preservation of
water quality, prevention of damages from floods, and provision of
hydroelectric power and municipal and industrial water supplies;
(4) it should be a goal of the United States to develop a
national intermodal transportation system that moves people and
goods in an efficient manner;
(5) the Nation's future economic direction is dependent on its
ability to confront directly the enormous challenges of the global
economy, declining productivity growth, energy vulnerability, air
pollution, water pollution, and the need to rebuild the Nation's
infrastructure;
(6) a national intermodal transportation system is a
coordinated, flexible network of diverse but complementary forms
of transportation which moves people and goods in the most
efficient manner;
(7) a national intermodal transportation system will enhance
the ability of United States industry to compete in the global
marketplace by reducing transportation costs;
(8) all forms of transportation, including the transportation
systems of the future, will be full partners in the effort to
reduce energy consumption and air pollution while promoting
economic development and productivity growth;
(9) investment in the infrastructure of the United States will
pay immediate and long-term dividends in jobs and economic
productivity and provide the foundation for the Nation's continued
leadership in the global economic competition of the 21st century;
(10) infrastructure investment differs significantly from other
forms of government spending because it creates new wealth for the
Nation;
(11) the wealth and economic strength of the United States is
in the Nation's infrastructure which provides the foundation for
all aspects of life;
(12) failure to invest in the Nation's infrastructure has
placed the United States in danger of becoming a service-oriented
economy rather than having a strong and independent
manufacturing-based economy;
(13) foreign competitors in the global economy have surpassed
the Nation's productivity growth through massive infrastructure
investments, and many foreign competitors have committed to making
multi-trillion dollar infrastructure investments in the future;
(14) the improvement of the Nation's coastal ports is critical
to its ability to compete in the global economy through the
efficient import and export of goods;
(15) the improvement of the Nation's inland waterway system is
a central part of a national intermodal transportation system
which permits the efficient transport of goods between markets
within the Nation and between inland markets and coastal ports;
(16) the prevention of massive flood damages to the Nation's
cities, industries, cultural facilities, municipal facilities, and
transportation system plays a vital role in the protection of the
Nation's infrastructure and the efficient conduct of commerce;
(17) the provision of municipal and industrial water supply
plays a crucial role in the well-being and functioning of the
Nation's communities and industries and in the health,
environment, and quality of life of the Nation;
(18) the generation of hydroelectric power contributes
significantly to the Nation's supply of low-cost energy and plays
a significant role in reducing air pollution;
(19) the provision of recreational opportunities and the
protection and enhancement of fish and wildlife habitat and
environmental values contribute to the well-being of the people of
the Nation; and
(20) improvement and protection of the Nation's infrastructure
is an essential, proper, and necessary role of government at all
levels.
SEC. 3. "33 USC 2201 note" SECRETARY DEFINED.
For purposes of this Act, the term "Secretary" means the Secretary of
the Army.
SEC. 101. PROJECT AUTHORIZATIONS.
Except as provided in this section, the following projects for water
resources development and conservation and other purposes are authorized
to be carried out by the Secretary substantially in accordance with the
plans, and subject to the conditions, recommended in the respective
reports designated in this section:
(1) SOUTHEAST ALASKA HARBORS OF REFUGE, ALASKA. -- The project
for navigation, Southeast Alaska Harbors of Refuge, Alaska:
Report of the Chief of Engineers, dated June 29, 1992, at a total
cost of $15,013,000, with an estimated Federal cost of $11,250,000
and an estimated non-Federal cost of $3,763,000.
(2) WHITEMAN'S CREEK, ARKANSAS. -- The project for flood
control, Whiteman's Creek, Arkansas: Report of the Chief of
Engineers, dated June 29, 1992, at a total cost of $4,978,000,
with an estimated Federal cost of $2,838,000 and an estimated
non-Federal cost of $2,140,000.
(3) MORRO BAY HARBOR, CALIFORNIA. -- The project for
navigation, Morro Bay Harbor, California: Report of the Chief of
Engineers, dated June 4, 1992, at a total cost of $2,056,000, with
an estimated Federal cost of $1,644,000 and an estimated
non-Federal cost of $412,000.
(4) SACRAMENTO METRO AREA, CALIFORNIA. -- The project for
flood control, Sacramento Metro Area, California: Report of the
Chief of Engineers, dated June 29, 1992, at a total cost of
$17,000,000, with an estimated Federal cost of $12,800,000 and an
estimated non-Federal cost of $4,200,000.
(5) RIO GRANDE ALAMOSA, COLORADO. -- The project for flood
control, Rio Grande Alamosa, Colorado: Report of the Chief of
Engineers, dated October 7, 1991, at a total cost of $7,080,000,
with an estimated Federal cost of $5,250,000 and an estimated
non-Federal cost of $1,830,000.
(6) DELAWARE RIVER MAINSTEM AND CHANNEL DEEPENING, DELAWARE,
NEW JERSEY, AND PENNSYLVANIA. -- The project for navigation,
Delaware River Mainstem and Channel Deepening, Delaware, New
Jersey, and Pennsylvania: Report of the Chief of Engineers, dated
June 29, 1992, at a total cost of $294,931,000, with an estimated
Federal cost of $195,767,000 and an estimated non-Federal cost of
$99,164,000.
(7) CANAVERAL HARBOR, FLORIDA. -- The project for navigation,
Canaveral Harbor, Florida: Report of the Chief of Engineers,
dated July 24, 1991, as modified by the letter of the Secretary
dated October 10, 1991, at a total cost of $11,780,000, with an
estimated Federal cost of $6,100,000 and an estimated non-Federal
cost of $5,680,000.
(8) KISSIMMEE RIVER RESTORATION, FLORIDA. -- The project for
the ecosystem restoration of the Kissimmee River, Florida: Report
of the Chief of Engineers, dated March 17, 1992, at a total cost
of $426,885,000, with an estimated Federal cost of $139,943,000
and an estimated non-Federal cost of $286,942,000. The Secretary
is further authorized to construct the Kissimmee River headwaters
revitalization project in accordance with the report prepared
under section 1135 of the Water Resources Development Act of 1986
(100 Stat. 4251-4252) for such headwaters project and any
modifications as are recommended by the Secretary based on the
benefits derived for the environmental restoration of the
Kissimmee River basin, at a total cost of $92,210,000, with an
estimated Federal cost of $46,105,000 and an estimated non-Federal
cost of $46,105,000. The Secretary shall take such action as may
be necessary to ensure that implementation of the project to
restore the Kissimmee River will maintain the same level of flood
protection as is provided by the current flood control project.
(9) PORT EVERGLADES HARBOR, FLORIDA. -- The project for
navigation, Port Everglades Harbor, Florida: Report of the Chief
of Engineers, dated September 23, 1991, at an annual cost of
$94,500.
(10) SAVANNAH HARBOR, GEORGIA AND SOUTH CAROLINA. -- The
project for navigation, Savannah Harbor, Georgia and South
Carolina: Report of the Chief of Engineers, dated June 1, 1992,
at a total cost of $47,416,000, with an estimated Federal cost of
$15,112,000 and an estimated non-Federal cost of $32,304,000. The
Secretary is authorized to increase the Federal cost share of the
recommended plan in accordance with the cost-sharing provisions of
the Water Resources Development Act of 1986 (Public Law 99-662) if
the Secretary determines that such an increase is warranted and
appropriate.
(11) AMITE RIVER AND TRIBUTARIES, LOUISIANA. -- The project
for flood control, Amite River and Tributaries, Louisiana: Report
of the Chief of Engineers, dated August 27, 1991, as modified by
the letter of the Secretary, dated January 28, 1992, at a total
cost of $65,902,000, with an estimated Federal cost of $32,951,000
and an estimated non-Federal cost of $32,951,000.
(12) SAUGUS RIVER AND TRIBUTARIES, MASSACHUSETTS. -- The
project for flood control, Saugus River and Tributaries,
Massachusetts: Report of the Chief of Engineers, dated August 1,
1990, at a total cost of $95,700,000, with an estimated Federal
cost of $61,360,000 and an estimated non-Federal cost of
$34,340,000.
(13) LAS VEGAS WASH AND TRIBUTARIES, NEVADA. -- The project
for flood control, Las Vegas Wash and Tributaries, Nevada: Report
of the Chief of Engineers, dated June 29, 1992, at a total cost of
$204,300,000, with an estimated Federal cost of $144,000,000 and
an estimated non-Federal cost of $60,300,000. The Secretary is
further authorized to construct recreation features as proposed in
the draft Feasibility Report and Environmental Impact Statement
for Las Vegas Wash and Tributaries (Flamingo and Tropicana
Washes), dated July 1990, at a total cost of $10,000,000, with an
estimated Federal cost of $5,000,000 and an estimated non-Federal
cost of $5,000,000.
(14) MOREHEAD CITY HARBOR, NORTH CAROLINA. -- The project for
navigation, Morehead City Harbor, North Carolina: Report of the
Chief of Engineers, dated May 21, 1991, at a total cost of
$10,030,000, with an estimated Federal cost of $6,360,000 and an
estimated non-Federal cost of $3,670,000.
(15) WEST ONSLOW AND NEW RIVER INLET, NORTH CAROLINA. -- The
project for flood control, West Onslow and New River Inlet, North
Carolina: Report of the Chief of Engineers, dated November 19,
1991, at a total cost of $14,100,000, with an estimated Federal
cost of $7,600,000 and an estimated non-Federal cost of
$6,500,000.
(16) LACKAWANNA RIVER AT OLYPHANT, PENNSYLVANIA. -- The
project for flood control, Lackawanna River at Olyphant,
Pennsylvania: Report of the Chief of Engineers, dated June 29,
1992, at a total cost of $11,354,000, with an estimated Federal
cost of $7,691,000 and an estimated non-Federal cost of
$3,663,000.
(17) LACKAWANNA RIVER AT SCRANTON, PENNSYLVANIA. -- The
project for flood control, Lackawanna River at Scranton,
Pennsylvania: Report of the Chief of Engineers, dated June 29,
1992, at a total cost of $15,117,000, with an estimated Federal
cost of $11,344,000 and an estimated non-Federal cost of
$3,773,000.
(18) LOCKS AND DAMS 2, 3, AND 4, MONONGAHELA RIVER,
PENNSYLVANIA. -- The project for navigation, Locks and Dams 2, 3,
and 4, Monongahela River, Pennsylvania: Report of the Chief of
Engineers, dated June 1, 1992, at a total cost of $556,400,000.
The costs of construction of the project are to be paid 1/2 from
amounts appropriated from the general fund of the Treasury and 1/2
from amounts appropriated from the Inland Waterways Trust Fund.
(19) RIO GRANDE DE LOIZA, PUERTO RICO. -- The project for
flood control, Rio Grande De Loiza, Puerto Rico: Report of the
Chief of Engineers, dated March 5, 1992, at a total cost of
$122,285,000, with an estimated Federal cost of $97,009,000 and an
estimated non-Federal cost of $25,276,000.
(20) SARGENT BEACH, TEXAS. -- The project for navigation,
Sargent Beach, Texas: Report of the Chief of Engineers, dated
June 25, 1992, at a total cost of $67,667,000. The costs of
construction of the project are to be paid 1/2 from amounts
appropriated from the general fund of the Treasury and 1/2 from
amounts appropriated from the Inland Waterways Trust Fund.
(21) SHOAL CREEK, AUSTIN, TEXAS. -- The project for flood
control, Shoal Creek, Austin, Texas: Report of the Chief of
Engineers, dated June 16, 1992, at a total cost of $6,808,000,
with an estimated Federal cost of $5,106,000 and an estimated
non-Federal cost of $1,702,000.
(22) SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA. -- The
project for beach erosion control and hurricane protection,
Sandbridge Beach, Virginia Beach, Virginia: Report of the Chief
of Engineers, dated June 29, 1992, at a total cost of $8,850,000,
with an estimated Federal cost of $5,750,000 and an estimated
non-Federal cost of $3,100,000.
SEC. 102. PROJECT MODIFICATIONS.
(a) TENNESSEE-TOMBIGBEE WATERWAY, ALABAMA AND MISSISSIPPI. --
(1) IN GENERAL. -- The Tennessee-Tombigbee Waterway Wildlife
Mitigation project, Alabama and Mississippi, authorized by section
601(a) of the Water Resources Development Act of 1986 (100 Stat.
4138), is modified to authorize --
(A) the Secretary to review lands acquired for the project to
determine if such lands can be made available for related project
uses (including port, industrial, and other community or regional
economic development endeavors);
(B) the Secretary to sell or exchange any lands which are
determined by the Secretary to be available for such related uses;
and
(C) the Secretary to acquire from willing sellers lands to
replace any lands sold or exchanged by the Secretary under this
subsection.
(2) LIMITATIONS. -- Lands acquired under this subsection shall
fully replace lost wildlife habitat value. Acquisition of lands
under this subsection may be by purchase, exchange, or a
combination thereof. Sales, exchanges, and acquisitions under
this subsection shall be at fair market value and shall be with
the consent of appropriate Federal and State fish and wildlife
agencies. No lands may be sold under this subsection until
replacement lands have been acquired under this subsection.
Management of lands acquired under this subsection and
reimbursement of costs with respect to such lands shall be the
same as for lands acquired for the project before the date of the
enactment of this Act.
(b) GOLETA AND VICINITY, CALIFORNIA. -- The project for flood
protection, Santa Barbara County Coastal Streams and tributaries in the
area of Goleta, California, authorized by section 201 of the Flood
Control Act of 1970 (84 Stat. 1862), is modified to authorize the
Secretary to carry out the recommendations contained in the report of
the Chief of Engineers relating to flood protection for Goleta and
vicinity, California, dated March 25, 1991, at a total cost of
$6,800,000, with an estimated Federal cost of $4,800,000 and an
estimated non-Federal cost of $2,000,000.
(c) OCEANSIDE HARBOR, CALIFORNIA. -- The project for navigation,
Oceanside Harbor, California, authorized by the River and Harbor Act of
1965 (79 Stat. 1092), is modified to authorize the Secretary to repair,
operate, and maintain the extension of the south jetty constructed in
1968.
(d) SAN LEANDRO MARINA, CALIFORNIA. --
(1) MAINTENANCE OF SOUTHERN CHANNEL. -- The project for
navigation, San Leandro Marina, Jack D. Maltester Channel,
California, authorized under section 201 of the Flood Control Act
of 1965 by resolutions adopted by the Committee on Public Works
and Transportation of the House of Representatives on June 22,
1971, and adopted by the Committee on Environment and Public Works
of the Senate on December 15, 1970, is modified to direct the
Secretary to maintain the 8-foot deep and 100-foot wide access
channel extending from the southern auxiliary access channel to
the boat launching ramp in the small boat lagoon.
(2) DEAUTHORIZATION OF NORTHERN CHANNEL. -- The northern
auxiliary access channel of the project referred to in paragraph
(1) is not authorized after the date of the enactment of this Act.
(3) NAMING OF SOUTHERN CHANNEL. --
(A) DESIGNATION. -- The southern auxiliary channel referred to
in paragraph (1) shall be known and designated as the "Jack D.
Maltester Channel".
(B) LEGAL REFERENCES. -- A reference in any law, regulation,
document, record, map, or other paper of the United States to the
channel referred to in subparagraph (A) shall be deemed to be a
reference to the "Jack D. Maltester Channel".
(e) CROSS FLORIDA BARGE CANAL. -- Section 1114 of the Water
Resources Development Act of 1986 (16 U.S.C. 460tt) is amended --
(1) by designating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
"(f) CONTRACT FOR CONTINUED O & M. --
"(1) IN GENERAL. -- During the period beginning on November
28, 1992, and ending on September 30, 1993, the Secretary is
authorized and directed to offer to enter into a contract with the
St. Johns River Water Management District and the Southwest
Florida Water Management District of the State of Florida for the
continued operation and maintenance by the Secretary of the
portions of the project described in subsection (d). The
maintenance shall be performed at a level of service that is
necessary to ensure safe operating conditions and to prevent
deterioration of the structures. No major rehabilitations or
renovations shall be performed by the Secretary in such portions
of the project during such period.
"(2) FUNDING. -- Funding for the continued operation and
maintenance of the barge canal project by the Secretary under this
subsection shall not exceed $300,000. The State of Florida shall
pay a non-Federal share of $600,000 to fund the continued
maintenance of the portions of the project described in subsection
(d) in accordance with paragraph (1).".
(f) O'HARE SYSTEM OF THE CHICAGOLAND UNDERFLOW PLAN, ILLINOIS. --
The project for flood control, O'Hare System of the Chicagoland
Underflow Plan, Illinois, authorized by section 401 of the Water
Resources Development Act of 1986 (100 Stat. 4115), is modified to
authorize the Secretary to construct the project, at a total cost of
$29,000,000, with an estimated Federal cost of $17,800,000 and an
estimated non-Federal cost of $11,200,000.
(g) ILLINOIS RIVER, ILLINOIS. -- The project for inland navigation,
Illinois River, Illinois, authorized by the Rivers and Harbors Act of
1935 (49 Stat. 1035), is modified to direct the Secretary to acquire
dredged material disposal areas for such project, at a total Federal
cost of not to exceed $7,000,000.
(h) SOUTH FRANKFORT, KENTUCKY. -- The project for flood protection,
South Frankfort, Kentucky, authorized by section 102(o) of the Water
Resources Development Act of 1990 (104 Stat. 4613), is modified to
provide that the cost of conducting preconstruction engineering and
design for the project shall not be included in the computation for
determining the benefit-cost ratio for the project.
(i) LOCKS AND DAM 26, MISSISSIPPI RIVER, ALTON, ILLINOIS AND
MISSOURI. -- Section 102(l) of the Water Resources Development Act of
1990 (104 Stat. 4613) is amended by inserting before the period at the
end of the last sentence "or other non-Federal interests".
(j) LAKE PONTCHARTRAIN, LOUISIANA. -- The project for
hurricane-flood protection on Lake Pontchartrain, Louisiana, authorized
by section 204 of the Flood Control Act of 1965 (79 Stat. 1077), is
modified --
(1) to direct the Secretary to construct measures to intercept
and convey drainage from the landside slopes of project levees in
Jefferson Parish, Louisiana, directly to the existing drainage
system;
(2) to direct the Secretary to reevaluate the benefits of the
constructed portions of the project which accrue to St. Bernard
Parish and to the Lake Borgne Basin Levee District for the
purposes of determining the portion of the benefits which were
expected to accrue to the parish and district but which were not
realized;
(3) to direct the Secretary to reduce the non-Federal share of
the capital costs and operation and maintenance attributable to
the parish and district by the percentage of the expected benefits
which were not realized; and
(4) to provide that the parish and district shall not be
required to make payments on their respective non-Federal
responsibilities until the Secretary has made the reductions, if
any, under paragraph (3).
In carrying out paragraphs (2) and (3), the Secretary shall utilize
results of the study conducted under section 116(k) of the Water
Resources Development Act of 1990 and any other relevant information.
(k) PARISH CREEK, SHADY SIDE MARYLAND. -- The project for
navigation, Parish Creek, Shady Side, Maryland, authorized by the first
section of the River and Harbor Act of August 30, 1935 (49 Stat. 1031),
is modified to reduce the length of the western boundary of the turning
basin by 100 feet.
(l) BUFFUMVILLE LAKE, MASSACHUSETTS. -- The flood control project
for Buffumville Lake, Massachusetts, authorized by section 3 of the
Flood Control Act of August 18, 1941 (55 Stat. 639), is modified to add
low flow augmentation as a project purpose and to direct the Secretary
to operate the project to improve water quality on the French River,
Connecticut and Massachusetts.
(m) SOUTH FORK ZUMBRO RIVER, MINNESOTA. -- The project for flood
control, South Fork Zumbro River Watershed, Rochester Minnesota,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4117), is modified to authorized the Secretary to
construct the project at a total cost of $123,100,000, with an estimated
Federal cost of $90,800,000 and an estimated non-Federal cost of
$32,300,000.
(n) NEW MADRID HARBOR, MISSOURI. -- The project for navigation, New
Madrid Harbor, Missouri, authorized pursuant to section 107 of the River
and Harbor Act of 1960 (33 U.S.C. 577), is modified to direct the
Secretary to assume responsibility for maintenance of New Madrid County
Harbor constructed by non-Federal interests before the date of the
enactment of this Act in lieu of maintaining the existing Federal
channel.
(o) PAPILLION CREEK AND TRIBUTARIES LAKES, NEBRASKA. -- The project
for flood control, Papillion Creek and Tributaries Lakes, Nebraska,
authorized by section 203 of the Flood Control Act of 1968 (82 Stat.
743) and section 401(a) of the Water Resources Development Act of 1986
(100 Stat. 4119), is modified to authorize the Secretary to construct
the project substantially in accordance with the Post Authorization
Change Report, dated April 1992, at a total cost of $12,469,000, with an
estimated Federal cost of $8,783,000 and an estimated non-Federal cost
of $3,686,000.
(p) PASSAIC RIVER MAIN STEM, NEW JERSEY AND NEW YORK. -- Section
101(a)(18) of the Water Resources Development Act of 1990 (104 Stat.
4607-4610) is amended --
(1) by adding at the end of subparagraph (A) the following new
clause:
"(vi) FLOOD WARNING SYSTEM. -- The Secretary is authorized to
establish, operate, and maintain, at full Federal expense, the
Passaic River flood warning system element of the project before
completion of construction of the tunnel element of the project.";
(2) in subparagraph (B) by striking "Jackson" and inserting
"Brill";
(3) in subparagraph (B) by striking "$6,000,000" and inserting
"$25,000,000";
(4) in subparagraph (B) by striking "and scenic overlook
facilities" and inserting "scenic overlook facilities, and public
access to Route 21";
(5) in subparagraph (B) by inserting after the first sentence
the following new sentence: "The project element authorized by
this subparagraph shall be carried out, in cooperation with the
city of Newark, so that it is compatible with the proposed
reconstruction plans for Route 21 and the proposed arts center.";
(6) in subparagraph (B) by striking "may be undertaken" and
inserting "shall be undertaken";
(7) in the first sentence of subparagraph (C)(vi) by inserting
after "for" the first place it appears "the purpose of assuring
the integrity of";
(8) in subparagraph (C)(vii) by inserting "the additional"
after "Act, the fair market value of";
(9) in subparagraph (C)(vii) by inserting "integrity of the"
before "Wetlands Bank";
(10) in subparagraph (C)(vii) by inserting "and any other flood
control project in the Passaic River basin" after "by this
paragraph";
(11) in subparagraph (C)(viii) by striking "for the Wetlands
Bank" and inserting "in accordance with clauses (ii) and vi)";
and
(12) in subparagraph (C)(viii) by inserting "and financial"
after "economic".
(q) RARITAN BAY AND SANDY HOOK BAY, NEW JERSEY. -- The project for
hurricane-flood protection, Raritan Bay and Sandy Hook Bay, New Jersey,
authorized by section 203 of the Flood Control Act of 1962 (76 Stat.
1181), is modified to provide periodic beach nourishment for Cliffwood
Beach for 50 years.
(r) SANDY HOOK TO BARNEGAT INLET, NEW JERSEY. -- The project for
beach erosion control, Sandy Hook to Barnegat Inlet, New Jersey,
authorized by the River and Harbor Act of 1958, is modified to provide
that costs incurred by the non-Federal interests to stabilize the
seawall at Belmar and Spring Lake, New Jersey, shall be credited, to the
extent that the Secretary determines that the work of stabilizing the
seawall is compatible with the project against the non-Federal share of
the cost of construction and maintenance of section 2 of the project
(Asbury Park to Manasquan).
(s) RIO GRANDE FLOODWAY, NEW MEXICO. -- Notwithstanding any other
provision of law, the project for flood control, Rio Grande Floodway,
San Acacia to Bosque del Apache Unit, New Mexico, authorized by section
203 of the Flood Control Act of 1948 (Public Law 80-858) and amended by
section 204 of the Flood Control Act of 1950 (Public Law 81-516), is
modified to more equitably reflect the non-Federal benefits from the
project in relation to the total benefits of the project by reducing the
non-Federal contribution for the project by that percentage of benefits
which is attributable to the Federal properties; except that, for
purposes of this subsection, Federal property benefits may not exceed 50
percent of the total project benefits.
(t) JONES INLET, NEW YORK. -- The project for navigation, Jones
Inlet, New York, is modified to authorize and direct the Secretary to
conduct a reconnaissance and feasibility study on placing
noncontaminated dredged material on beach areas downdrift from the
federally maintained channel at full Federal expense for purposes of
mitigating environmental and other attendant damages resulting from the
interruption of littoral system natural processes caused by jetty
construction and continued dredging of the Federal channel.
(u) WESTHAMPTON BEACH, NEW YORK. -- The project for beach erosion
control and hurricane protection for Westhampton Beach, New York,
authorized by the Water Resources Development Act of 1974, and modified
by the Water Resources Development Act of 1986, is further modified to
extend the period of beach nourishment for 30 years from the date of
project completion. The non-Federal share of project costs shall not
exceed 35 percent of the total project cost as provided in such Acts.
(v) BROKEN BOW LAKE, RED RIVER BASIN, OKLAHOMA. -- The project for
flood control and water supply, Broken Bow Lake, Red River Basin,
Oklahoma, authorized by section 203 of the Flood Control Act of 1958 (72
Stat. 309) and modified by the Flood Control Act of 1962, is further
modified to provide for the reallocation of a sufficient amount of
existing and available water supply storage space in Broken Bow Lake to
support the Mountain Fork trout fishery. Releases of water from Broken
Bow Lake for the Mountain Fork trout fishery shall be undertaken under
terms and conditions acceptable to the Secretary.
(w) WYOMING VALLEY, PENNSYLVANIA. -- The project for flood control,
Wyoming Valley, Pennsylvania, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4124), is modified --
(1) to direct the Secretary to complete the final phase II
design memorandum for the project (including the results of a
review of nonstructural mitigation plans for the purpose of
ameliorating damages from induced flooding) not later than August
8, 1994;
(2) to authorize the Secretary --
(A) to cooperate with non-Federal interests to make use of
equipment and employees of the non-Federal interests in carrying
out the project; and
(B) to credit the non-Federal share of the cost of the project
for the value of the use of such equipment and employees; and
(3) to provide that, notwithstanding the last sentence of
subsection (c) of section 104 of the Water Resources Development
Act of 1986 --
(A) non-Federal interests may apply for crediting under such
section 104, against the non-Federal share of the cost of the
project, the cost of work carried out after June 1, 1972, by the
non-Federal interests which the Secretary determines is compatible
with the subject; and
(B) the Secretary may approve of such crediting to the extent
the Secretary determines appropriate.
(x) CHETCO RIVER, OREGON. -- The project for navigation, Chetco
River, Oregon, authorized by section 301 of the River and Harbor Act of
1965 (79 Stat. 1092), is modified to direct the Secretary to assume
responsibility for operation and maintenance of the approximately
200-foot long access channel to the south commercial boat basin
consistent with authorized project depths.
(y) PORT ORFORD, OREGON. -- Section 117 of the River and Harbor Act
of 1970 (84 Stat. 1822) is amended by striking the last sentence and
inserting the following: "The Secretary is authorized to maintain the
authorized Federal navigation channel at Port Orford, Oregon, including
those portions of the channel within 50 feet of the port facility.".
(z) CLIFF WALK, NEWPORT, RHODE ISLAND. -- Notwithstanding any other
provision of law and any agreement, the Federal share of the cost of
repairs and improvements to the Cliff Walk, Newport, Rhode Island, in
fiscal year 1993 and succeeding fiscal years shall not be less than 50
percent of the total cost of the project.
(aa) RAY ROBERTS LAKE, ELM FORK OF THE TRINITY RIVER, TEXAS. -- The
project for navigation, Ray Roberts Lake, Elm Fork of the Trinity River,
Texas, authorized by the River and Harbor Act of 1965 (79 Stat. 1091),
is modified to direct the Secretary to construct access ramps to permit
boat launching access during periods of high water at the Sanger,
Jordan, and FM-372 access areas, at an estimated total cost of $55,000.
Operation and maintenance of the access ramps shall be a non-Federal
responsibility.
(bb) SIMS BAYOU, TEXAS. -- The project for flood control, Sims
Bayou, Texas, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4125), is modified to direct the
Secretary to include, to the extent practicable, measures to improve
environmental quality and riparian habitat.
(cc) VIRGINIA BEACH, VIRGINIA. -- The project for beach erosion
control and hurricane protection, Virginia Beach, Virginia, authorized
by section 501(a) of the Water Resources Development Act of 1986 (100
Stat. 4136), is modified to authorize the Secretary to construct the
project at a total cost of $112,000,000, with an estimated Federal cost
of $72,800,000 and an estimated non-Federal cost of $39,200,000, and an
average annual cost of $2,000,000 for the periodic beach nourishment
over the 50-year economic life of the project, with an estimated Federal
cost of $1,300,000 and an estimated non-Federal cost of $700,000. In
carrying out the project, the Secretary is directed to construct the
project with a uniform level of protection against a 100-year storm
event, plus or minus 15 years, from Rudee Inlet to 89th Street by
construction of a seawall from Rudee Inlet to 58th Street with a maximum
top of seawall elevation of 13.5 feet (NGVD), dune reconstruction where
necessary from 58th Street to 89th Street with a maximum top of dune
elevation of 18 feet (NGVD), and construction of a beach berm from Rudee
Inlet to 89th Street to a maximu design elevation of 10 feet (NGVD), and
a width at design elevation to obtain the desired level of protection.
In carrying out the project, the Secretary is also directed to provide
for interior storm water to be collected into a pipe which will run
longitudinally beneath the reconstructed boardwalk and to be discharged
offshore by pumping through subsurface pipelines.
(dd) LOWER GRANITE LOCK AND DAM, WASHINGTON. -- The Lower Granite
Lock and Dam feature of the project for navigation, Snake River, Oregon,
Washington, and Idaho, authorized by section 2 of the River and Harbor
Act of March 2, 1945 (59 Stat. 21-22), is modified to authorize the
Secretary to construct an all weather surface road in Whitman County,
Washington, from Whitman Country Road 9000 at the mouth of the Wawawai
Canyon to existing roads in the vicinity of the Lower Granite Dam. The
cost of such construction shall be assigned to navigation.
(ee) BEECH FORK LAKE, WEST VRGINIA. -- The project for flood
control, Beech Fork Lake, West Virginia, authorized by section 203 of
the Flood Control Act of 1962 (76 Stat. 1188), is modified to direct the
Secretary to complete a study at a cost of not to exceed $500,000 and
issue a report of relocation of the lodge resort complex authorized to
be constructed as part of the project and to carry out the project
substantially in accordance with such report.
(ff) BLUESTONE LAKE, OHIO RIVER BASIN, WEST VIRGINIA. -- The project
for flood control, Bluestone Lake, Ohio River Basin, West Virginia,
authorized by section 4 of the Flood Control Act of June 28, 1938 (52
Stat. 1217), is modified to direct the Secretary to take such measures
as are technologically feasible to prohibit the release of drift and
debris into waters downstream of the project, including measures to
prevent the accumulation of drift and debris at the project, the
collection and removal of drift and debris on the segment of the New
River upstream of the project, and the removal (through the use of
temporary or permanent systems) and disposal of accumulated drift and
debris at Bluestone Dam.
(gg) LA CROSSE AND SHELBY, WISCONSIN. -- The project for flood
protection of State Road and Ebner Coulees, city of La Crosse and Shelby
Township, Wisconsin, authorized by section 203 of the Flood Control Act
of 1968 (82 Stat. 742), is modified to direct the Secretary to reimburse
the non-Federal sponsor $1,467,000 for the Federal share of work
performed by the non-Federal sponsor in connection with the project.
Such reimbursement shall be in addition to amounts previously reimbursed
by the Secretary for such work.
SEC. 103. VISITOR CENTERS.
(a) MELVIN PRICE LOCK AND DAM, ALTON, ILLINOIS. --
(1) CONSTRUCTION. -- The Secretary may construct a regional
visitor center of at least 24,000 square feet at the Melvin Price
Lock and Dam, Alton, Illinois.
(2) PURPOSES. -- The purposes of the visitor center to be
constructed under this subsection shall be to inform the public of
--
(A) the role of the United States Army Corps of Engineers in
inland navigation along the Mississippi River and its tributaries,
(B) the role of the Melvin Price Lock and Dam in such inland
navigation,
(C) the socioeconomic development of the surrounding area, and
(D) events of historical, archaeological, cultural, and natural
significance in such area.
(b) MT. MORRIS DAM, NEW YORK. --
(1) CONSTRUCTION. -- The Secretary shall construct a visitor
center at Mt. Morris Dam, Mt. Morris, New York, in accordance with
alternative 2 contained in the report of the District Engineer,
Buffalo District, entitled "Mt. Morris Dam, Interpretive
Development Prospectus, Visitor Reception Area", dated February
22, 1991.
(2) DESIGNATION. -- The visitor center to be constructed under
this subsection shall be known and designated as the "William B.
Hoyt II Visitor Center".
(c) LOWER MISSISSIPPI RIVER MUSEUM AND RIVERFRONT INTERPRETIVE SITE.
--
(1) ESTABLISHMENT. -- The Secretary shall establish and
operate in accordance with this subsection an interpretive
facility (including a museum and interpretive site) in Vicksburg,
Mississippi, which shall be known as the "Lower Mississippi River
Museum and Riverfront Interpretive Site".
(2) LOCATION OF MUSEUM. -- The museum shall be located on
property currently held by the Resolution Trust Corporation in the
vicinity of the Mississippi River Bridge in Vicksburg,
Mississippi. Title to the property shall be transferred to the
Secretary at no cost.
(3) INTERPRETIVE SITE. -- The interpretive site shall be
located on riverfront property between the Mississippi River
Bridge and the Mississippi Riverpark in Vicksburg, Mississippi.
The Secretary is authorized to acquire surface use easements for
such site on a willing seller basis.
(4) LIMITATION ON ACQUISITION AUTHORITY. -- The Secretary may
not use condemnation of property in carrying out this subsection.
(5) PURPOSES OF THE MUSEUM AND INTERPRETIVE SITE. -- The
purposes of the Lower Mississippi River Museum and Riverfront
Interpretive Site are to --
(A) promote an understanding of the Lower Mississippi River and
the United States Army Corps of Engineers' role in developing and
managing this nationally significant resource;
(B) interpret the United States Army Corps of Engineers
historic presence in the Lower Mississippi River Valley and its
administration of the Mississippi River and Tributaries project;
(C) provide an understanding of the many Corps of Engineers
branches and facilities in the Vicksburg area and their
relationship to flood control, navigation, and environmental
conservation in the Mississippi River;
(D) highlight the Mississippi River's influence on the
Vicksburg area and the river valley's natural, historic, and
cultural resource contributions;
(E) highlight local Corps of Engineers projects and management
strategies;
(F) provide an understanding of the surrounding natural
riparian environment adjacent to the Mississippi River through
public access and interpretive displays; and
(G) promote the worldwide application of water resource
technologies learned from using the Mississippi River as a working
model.
(6) RELATED AGENCIES AND PROGRAMS. --
(A) SMITHSONIAN INSTITUTION. -- The Secretary shall consult
with the Secretary of the Smithsonsian Institution in the planning
and design of the museum and riverfront interpretive site under
this subsection.
(B) DEPARTMENT OF THE INTERIOR. -- The Secretary shall consult
with the Secretary of the Interior and the Director of the
National Park Service in the planning, design, and implementation
of interpretive programs for the museum and riverfront
interpretive site to be established under this subsection.
(C) VISITOR SERVICES. -- The Secretary is directed to provide
increased and enhanced visitor services at the United States Army
Corps of Engineers, Waterways Experiment Station in Vicksburg,
Mississippi.
(7) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to
be appropriated $2,000,000 to carry out this subsection, including
acquiring and restoring under paragraph (2) the property held by
the Resolution Trust Corporation and planning, designing, and
constructing the museum and riverfront interpretive site under
this subsection.
(d) NORTHEASTERN NEW JERSEY REGIONAL FLOOD OPERATIONS-RESPONSE,
ENGINEERING, AND VISITOR CENTER. --
(1) CONSTRUCTION. -- The Secretary is directed to construct a
visitor center in northeastern New Jersey of at least 15,000
square feet to serve as the center for the United States Army
Corps of Engineers operations and emergency response engineering
activities within the Passaic, Hackensack, Raritan, and Atlantic
Coast floodplain areas and to inform the public of the Corps of
Engineers' flood damage reduction and emergency preparedness roles
for these areas, the socioeconomic development of the region, and
events of the historical,
archaeological, cultural, and natural significance to these areas.
(2) PARK LAND FOR VISITOR ACCESS. -- The visitor center to be
constructed under this subsection shall include approximately 5
acres of public park land for visitor access.
(3) DESIGNATION. -- The visitor center to be constructed under
this subsection shall be known and designated as the "Northeastern
New Jersey Regional Flood Operations-Response, Engineering, and
Visitor Center".
(4) INTERIM MEASURES. -- The Secretary is directed to provide
increased and enhanced flood emergency operations and engineering
preparedness and visitor services at the Corps of Engineers'
Passaic River Division office in Hoboken, New Jersey, until such
time as the center to be constructed under this subsection is
operational.
(e) JOHN PAUL HAMMERSCHMIDT LAKE, ARKANSAS. --
(1) CONSTRUCTION. -- The Secretary shall construct a visitors
center for the Army Corps of Engineers at the John Paul
Hammerschmidt Lake, Arkansas River, Arkansas.
(2) DESIGNATION. -- The visitor center to be constructed under
this subsection shall be known and designated as the "John Paul
Hammerschmidt Visitor Center".
(3) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to
be appropriated to carry out this subsection $2,000,000 for fiscal
years beginning after September 30, 1992. Such sums shall remain
available until expended.
SEC. 104. SMALL NAVIGATION PROJECTS.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that the project is feasible,
shall carry out the project under section 107 of the River and Harbor
Act of 1960 (33 U.S.C. 577):
(1) CALCASIEU RIVER, LOUISIANA. -- A navigation project for
the Calcasieu River, Louisiana, to enlarge the existing channel to
the Port of Cameron to dimensions of 18 feet by 200 feet.
(2) CALCASIEU RIVER, LOUISIANA. -- A navigation project for
the Calcasieu River, Louisiana, to enlarge the southern portion of
the Cameron Loop to dimensions of 18 feet by 140 feet.
(3) PROVINCETOWN HARBOR, MASSACHUSETTS. -- A navigation
project for Provincetown Harbor, Massachusetts.
(4) AUNT LYDIA'S COVE, CHATHAM, MASSACHUSETTS. -- A navigation
project for Aunt Lydia's Cove, Chatham, Massachusetts.
(5) GRAND MARAIS, MINNESOTA. -- A project for a harbor of
refuge, Grand Marais, Minnesota.
(6) GRAND PORTAGE, MINNESOTA. -- A project for a harbor of
refuge, Grand Portage, Minnesota.
(7) SILVER BAY, MINNESOTA. -- A project for a harbor of
refuge, Silver Bay, Minnesota.
(8) SEAWAY PIER, BUFFALO, NEW YORK. -- A navigation project
for construction of a floating breakwater at Seaway Pier, Buffalo,
New York.
(9) TANGIER ISLAND, VIRGINIA. -- A navigation project for
construction of a breakwater to protect navigation facilities at
Tangier Island, Virginia.
SEC. 105. SMALL FLOOD CONTROL PROJECTS.
(a) PROJECT AUTHORIZATIONS. -- The Secretary shall conduct a study
for each of the following projects and, if the Secretary determines that
the project is feasible, shall carry out the project under section 205
of the Flood Control Act of 1948 (33 U.S.C. 701s):
(1) BLUE RIVER AND BROCK CREEK, SALEM, INDIANA. -- A project
for flood control, West Fork of the Blue River and Brock Creek,
Salem, Indiana.
(2) WHITE RIVER, ELNORA, INDIANA. -- A project for flood
control, White River, Elnora, Indiana.
(3) WHITE RIVER, GIBSON COUNTY, INDIANA. -- A project for
flood control, White River, Hazelton, Gibson County, Indiana.
(4) WHITE RIVER, PETERSBURG, INDIANA. -- A project for flood
control, White River, Petersburg, Indiana.
(5) WABASH RIVER, KNOX COUNTY, INDIANA. -- A project for flood
control Wabash River, Knox County, Indiana.
(6) RED RIVER AT GRAND MARAIS OUTLET, MINNESOTA. -- A project
for flood control, Red River at Grand Marais Outlet, Minnesota.
(7) SULLIVAN RUN CREEK, BUTLER PENNSYLVANIA. -- A project for
flood control, Sullivan Run Creek, Butler, Pennsylvania. The
non-Federal share of the cost of the project shall be determined
in accordance with section 103(m) of the Water Resources
Development Act of 1986.
(8) LITTLE FOSSIL CREEK, TEXAS. -- A project for flood
control, Little Fossil Creek, Tarrant County, Texas.
(9) TURPENTINE RUN, ST. THOMAS, VIRGIN ISLANDS. -- A project
for flood control, Turpentine Run, St. Thomas, Virgin Islands.
(b) ST. PETERS, ST. CHARLES COUNTY, MISSOURI. --
(1) MAXIMUM ALLOTMENT. -- The maximum amount which may be
alloted under section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s) for the project for flood control, St. Peters, St.
Charles County, Missouri, shall be $10,000,000 instead of
$5,000,000. The Secretary shall revise the local cooperation
agreement for such project entered into under section 221 of the
Flood Control Act of 1970 to conform with the increase under this
paragraph in the Federal participation in such project.
(2) COST SHARING. -- Nothing in this subsection shall be
construed as affecting any cost sharing requirements applicable to
the project under the Water Resources Development Act of 1986.
SEC. 106. SONOMA BAYLANDS WETLAND DEMONSTRATION PROJECT.
(a) IN GENERAL. -- The Secretary is directed to develop and carry
out in accordance with this section a 320-acre Sonoma Baylands wetland
demonstration project in the San Francisco Bay-Delta estuary,
California. The project shall utilize dredged material suitable for
aquatic disposal to restore, protect, and expand the Sonoma Baylands for
the purposes of preserving waterfowl, fish, and other wetland dependent
species of plants and animals and to provide flood control, water
quality improvement, and sedimentation control.
(b) ADDITIONAL PROJECT PURPOSES. -- In addition to the purposes
described in subsection (a), the purposes of the project under this
section are to restore tidal wetlands, provide habitat for endangered
species, expand the feeding and nesting areas for waterfowl along the
Pacific flyway, and demonstrate the use of suitable dredged material as
a resource, facilitating the completion of San Francisco Bay Area
dredging projects in an environmentally sound manner.
(c) PLAN. --
(1) GENERAL REQUIREMENT. -- The Secretary, in cooperation with
appropriate Federal and State agencies, and in accordance with
applicable Federal and State environmental laws, shall develop in
accordance with this subsection a plan for implementation of the
Sonoma Baylands project.
(2) CONTENTS. -- The plan shall include initial design and
engineering, construction, general implementation, and site
monitoring.
(3) PHASES. --
(A) FIRST PHASE. -- The first phase of the plan for final
design and engineering shall be completed not later than the last
day of the 6-month period beginning on the date of the enactment
of this Act.
(B) SECOND PHASE. -- The second phase of the plan, including
construction of on-site improvements, shall be completed not later
than the last day of the 10-month period beginning on the date of
the enactment of this Act.
(C) THIRD PHASE. -- The third phase of the plan, including
dredging, transportation, and placement of material, shall be
started not later than July 1, 1994.
(D) FINAL PHASE. -- The final phase of the plan shall include
monitoring of project success and function and remediation if
necessary.
(d) NON-FEDERAL PARTICIPATION. --
(1) NON-FEDERAL SHARE. -- The non-Federal share of the cost of
developing and carrying out the project under this section shall
be 25 percent.
(2) LANDS EASEMENTS AND RIGHTS-OF-WAY. -- Subject to paragraph
(1), non-Federal interests shall provide lands, easements, and
rights-of-way necessary to carry out the project the value of
which shall be credited toward the non-Federal share.
(e) REPORTS TO CONGRESS. -- Not later than the last day of each of
the time periods referred to in subsection (c)(3), the Secretary shall
report to Congress on the progress being made toward development and
implementation of the project under this section.
(f) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated $15,000,000 for carrying out this section for fiscal years
beginning after September 30, 1992. Such sums shall remain available
until expended.
SEC. 107. UPPER MISSISSIPPI RIVER PLAN.
(a) EXTENSION OF AUTHORIZATION. -- Section 1103(e) of the Water
Resources Development Act of 1986 (33 U.S.C. 652(e)) is amended --
(1) in paragraph (2) by striking "ten" each place it appears
and inserting "15";
(2) by redesignating paragraphs (6) and (7) as paragraphs (7)
and (8), respectively; and
(3) by inserting after paragraph (5) the following new
paragraph:
"(6) TRANSFER OF AMOUNTS. --
"(A) GENERAL RULE. -- Subject to subparagraph (B), for each
fiscal year beginning after September 30, 1992, the Secretary, in
consultation with the Secretary of the Interior, and the States of
Illinois, Iowa, Minnesota, Missouri, and Wisconsin, may transfer
not to exceed 20 percent of the amount appropriated to carry out
each of subparagraphs (A), (B), and (C) of paragraph (1) to carry
out any other of such subparagraph.
"(B) LIMITATION. -- The aggregate amounts obligated in fiscal
years 1988 through 2002 --
"(i) to carry out paragraph (1)(A) may not exceed $189,600,000;
"(ii) to carry out paragraph (1)(B) may not exceed $78,800,000;
and
"(iii) to carry out paragraph (1)(C) may not exceed
$12,040,000.".
(b) FISH AND WILDLIFE HABITAT REHABILITATION AND ENHANCEMENT
PROJECTS. -- Section 1103(e) of such Act "33 USC 652" is amended by
striking paragraph (7)(A), as redesignated by subsection (a)(2), and
inserting the following new paragraph:
"(7)(A) Notwithstanding the provisions of subsection (a)(2) of this
section, the costs of each project carried out pursuant to paragraph
(1)(A) of this subsection shall be allocated between the Secretary and
the appropriate non-Federal sponsor in accordance with the provisions of
section 906(e) of this Act; except that the costs of operation and
maintenance of projects located on Federal lands or lands owned or
operated by a State or local government shall be borne by the Federal,
State, or local agency that is responsible for management activities for
fish and wildlife on such lands.".
SEC. 108. QUARANTINE FACILITY.
(a) CONSTRUCTION. -- The Secretary, in consultation with the
Governor of Florida, shall construct a research and quarantine facility
in Broward County, Florida, to be used in connection with efforts to
control Melaleuca and other exotic plants species that threaten native
ecosystems in the State of Florida.
(b) OPERATION AND MAINTENANCE. -- After construction, the Secretary
shall transfer the facility constructed under this section to the
Secretary of Agriculture. The facility shall be jointly maintained and
operated by the Department of Agriculture and an appropriate agency or
agencies of the State of Florida.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated for fiscal years beginning after September 30, 1992,
$1,000,000 for the construction of the facility described in subsection
(a). Such sums shall remain available until expended.
SEC. 109. COLUMBIA, SNAKE, AND CLEARWATER RIVERS.
(a) DREDGING. -- The Secretary is authorized to maintain navigation
access to, and berthing areas at, all currently operating public and
private commercial dock facilities associated with or having access to
the Federal navigation project on the Columbia, Snake, and Clearwater
Rivers from Bonneville Dam to and including Lewiston, Idaho, at a depth
commensurate with the Federal navigation project.
(b) EXEMPTION FROM LIABILITY. -- The Federal Government is exempted
from any liability for damages to public and private facilities
resulting from work performed under this section, including any damages
to docks adjacent to the access channel and berthing areas.
SEC. 110. OUTER HARBOR, BUFFALO, NEW YORK.
The Secretary may construct such bulkheads along the Outer Harbor,
Buffalo, New York, as may be necessary to protect the shoreline and
reduce the flow of pollutants into Lake Erie.
SEC. 111. SMALL STREAMBANK CONTROL PROJECT, WALNUT CANYON CREEK,
CALIFORNIA.
The Secretary shall conduct a study for a streambank and shoreline
protection project for Walnut Canyon Creek, Anaheim, California, and, if
the Secretary determines that the project is feasible, shall carry out
such project under section 14 of the Flood Control Act of 1946 (33
U.S.C. 701r). The project shall be carried out in accordance with the
locally preferred plan, and the non-Federal sponsor shall provide 100
percent of any costs incurred in carrying out the project which are in
excess of the costs which would have been incurred in carrying out the
project in accordance with the National Economic Development Plan
developed by the Secretary.
SEC. 112. MONTGOMERY POINT LOCK AND DAM, ARKANSAS.
The Secretary shall proceed expeditiously with design, land
acquisition, and construction of the Montgomery Point Lock and Dam on
the White River, Arkansas, authorized as part of the McClellan-Kerr
Waterway by section 1 of the River and Harbor Act of July 24, 1946 (60
Stat. 635-636).
SEC. 113. MAJOR REHABILITATION.
The costs of major rehabilitation of the following projects are to be
paid 1/2 from amounts appropriated from the general fund of the Treasury
and 1/2 from amounts appropriated from the Inland Waterways Trust Fund:
(1) Brandon Road Lock, Dresden Lock, Marseille Lock, and
Lockport Lock, Illinois Waterway, Illinois, authorized by the
River and Harbor Act of 1930 at an estimated cost of $32,700,000.
(2) Lock and dam number 13, Mississippi River, Illinois,
authorized by the River and Harbor Act of 1930 at an estimated
cost of $21,280,000.
(3) Locks and dam number 15, Mississippi River, Illinois,
authorized by the River and Harbor Act of 1930 at an estimated
cost of $19,180,000.
SEC. 114. STUDIES.
(a) CENTRAL BASIN GROUND WATER PROJECT, CALIFORNIA. -- The
Secretary, in cooperation with the Administrator of the Environmental
Protection Agency, is authorized to conduct a study for the purpose of
determining whether there is contaminated ground water flowing
downstream from the San Gabriel Valley Ground Water Basin to the Central
Ground Water Basin in California through existing Federal facilities at
Whittier Narrows Dam, Los Angeles County, California.
(b) SANTA PAULA CREEK, CALIFORNIA. -- Not later than 1 year after
the date of the enactment of this Act, the Secretary shall complete the
general reevaluation study for the project for flood control, Santa
Paula Creek, California, authorized by the Flood Control Act of 1948 (62
Stat. 1175-1182) and transmit to Congress a report on the results of
such study.
(c) SUCCESS RESERVOIR, TULE RIVER, CALIFORNIA. -- Not later than May
31, 1994, the Secretary shall complete and transmit to Congress a
feasibility study for enlargement of the flood control project for the
Success Reservoir, on the Tule River, California, authorized by section
10 of the Act entitled "An Act authorizing the construction of certain
public works on rivers and harbors for flood control, and for other
purposes", approved December 22, 1944 (58 Stat. 901). The study shall
include a review of the need for, and desirability of, construction of
an upstream toe berm for reservoir embankment stability. The
non-Federal share of the enlargement of the project shall be determined
in accordance with section 903(c) of the Water Resources Development Act
of 1986.
(d) DISTRICT OF COLUMBIA AND MARYLAND. --
(1) IN GENERAL. -- The Secretary shall, as part of the ongoing
review of the Anacostia River Watershed in the District of
Columbia and Maryland --
(A) carry out a comprehensive assessment of adverse impacts to
such watershed from Federal facilities;
(B) review current plans for reducing such adverse impacts;
and
(C) carry out a feasibility study to identify and recommend
measures for implementation to eliminate such adverse impacts.
(2) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to
be appropriated to carry out this subsection $3,000,000 for fiscal
years beginning after September 30, 1992. Such sums shall remain
available until expended.
(e) CANAVERAL HARBOR, FLORIDA. -- The Secretary shall expeditiously
complete the General Design Memorandum for the sand transfer portion of
the navigation project for Canaveral Harbor, Florida, authorized by
section 101 of the River and Harbor Act of 1962 (76 Stat. 1174).
(f) TAMPA HARBOR, ALAFIA RIVER AND BIG BEND, FLORIDA. -- The
Secretary shall complete in an expeditious manner that portion of the
navigation study for Tampa Harbor, Alafia River and Big Bend, Florida,
relating to the Alafia River. The Secretary may accept contributions
from non-Federal sponsors to cover costs incurred by the Secretary in
carrying out such portion of such study.
(g) CEDAR RIVER AND TRIBUTARIES, BLACKHAWK, IOWA. -- The Secretary
shall complete the feasibility study for Cedar River and tributaries,
Blackhawk, Iowa, not later than the last day of the 18-month period
beginning on the date of the enactment of this Act.
(h) PORT FOURCHON NAVIGATION CHANNEL, LOUISIANA. -- The Secretary
shall complete the study for Federal maintenance of the Port Fourchon
Navigation Channel, Louisiana, not later than the last day of the
12-month period beginning on the date of the enactment of this Act.
(i) BROCKTON, MASSACHUSETTS. --
(1) IN GENERAL. -- The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall conduct a
study of --
(A) the water supply, distribution, and transmission needs of
the city of Brockton, Massachusetts, for the purpose of developing
recommendations for Federal participation in meeting such needs;
(B) the economic, engineering, and environmental feasibility of
providing additional water supply for Brockton, Massachusetts, and
vicinity in the Taunton River Basin with a view toward providing
for future regional increase in municipal and industrial water
demands; and
(C) the water quality and quantity and related land resources
of the Taunton River for the purpose of developing a detailed
survey and evaluation of existing and future uses of the
resources.
(2) REPORT. -- Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on the results of the study conducted under paragraph (1).
The report must include, at a minimum, a recommendation for the
best location of a reservoir for water supply storage on the
Taunton River as well as a treatment plant and a recommendation
for a route for piping the water from the treatment plant to
Brown's Crossing and to Brockton.
(j) HAVERHILL, MASSACHUSETTS. --
(1) STUDY. -- The Secretary shall conduct a study on proposed
uses of the seawall located in Haverhill, Massachusetts.
(2) REPORT. -- Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on the results of the study conducted under this
subsection.
(k) GRAND MARAIS HARBOR, MICHIGAN. -- Not later than 18 months after
the date of the enactment of this Act, the Secretary shall conduct an
economic reevaluation of proposed improvements at Grand Marais Harbor,
Michigan.
(l) YAZOO BASIN, MISSISSIPPI. --
(1) REVIEW AND EVALUATION. -- The Secretary shall conduct a
review and evaluation of the recreational master plan for Yazoo
Basin, Mississippi.
(2) PURPOSE. -- The purpose of the review and evaluation to be
conducted under paragraph (1) is to develop recommendations for
Federal and non-Federal participation in the master plan referred
to in paragraph (1).
(3) REPORT. -- Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to the
Committee on Public Works and Transportation of the House of
Representatives and the Committee on Environment and Public Works
of the Senate a report on the results of the review and evaluation
to be conducted under this subsection.
(m) RAMAPO RIVER AT OAKLAND, NEW JERSEY. -- The Secretary shall
conduct a study of the project for flood control, Ramapo River, Oakland,
New Jersey, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4120), for the purpose of determining
the feasibility of modifying the project to include realignment of the
Ramapo River channel modification through Potash Lake, replacement of
the Pompton Lake Dam bascule flood gates with taintor gates, and
provision of a 40-year level of flood protection.
(n) LITTLE RIVER, NIAGARA FALLS, NEW YORK. -- The Secretary shall
complete the feasibility study for Little River, City of Niagara Falls,
New York, not later than the last day of the 18-month period beginning
on the date of the enactment of this Act.
(o) STRAWBERRY ISLAND, NEW YORK. --
(1) COMPLETION OF STUDY. -- The Secretary shall complete the
feasibility study of shoreline protection for Strawberry Island,
New York, not later than the last day of the 18-month period
beginning on the date of the enactment of this Act.
(2) INTERIM EMERGENCY MEASURES. -- Pending completion of the
study of shoreline protection for Strawberry Island, New York, the
Secretary shall undertake such emergency measures as may be
necessary to provide shoreline protection for Strawberry Island.
(p) WISTER LAKE, OKLAHOMA. --
(1) STUDY. -- The Secretary shall complete a study of the
flood control project for Wister Lake, LeFlore County, Oklahoma,
authorized by section 4 of the Flood Control Act of June 28, 1938
(52 Stat. 1218), for the purpose of determining the feasibility of
modifying the project to increase the level of the conservation
pool by 1 foot and to adjust the seasonal pool operation to
accommodate the change in the conservation pool elevation.
(2) REPORT. -- Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on the results of study conducted under paragraph (1).
(q) SALMON HARBOR, OREGON. -- The Federal share of the cost
of completion of the study for mitigation of shoreline damage
attributable to the Federal navigation project at Salmon Harbor,
Oregon, authorized by section 111 of the River and Harbor Act of
1968 (82 Stat. 735), shall be 100 percent.
(r) HAMPTON AND POQUOSON, VIRGINIA. --
(1) STUDY. - The Secretary shall conduct independent studies
to determine the Federal interest in and feasibility of providing
improvements to the Chesapeake Bay shoreline in the cities of
Hampton and Poquoson, Virginia, for environmental protection and
enhancement, and protection against high tides and wave action as
a result of hurricane and other storm events.
(2) REPORT. -- The Secretary shall submit to Congress a report
on the results of the studies conducted under this subsection
together with a plan of action which the Secretary recommends and
an estimate of the cost of implementing such plan.
(s) CORPUS CHRISTI SHIP CHANNEL, TEXAS. -- The Secretary shall
conduct a study of the project for navigation, Corpus Christi Ship
Channel, Texas, authorized by section 101 of the River and Harbor Act of
1958 (72 Stat. 298), for the purpose of determining the feasibility of
modifying the project to include maintenance of the Jewel Fulton Canal
at a depth of 17 feet as a Federal responsibility.
(t) TUG VALLEY GREENWAY, WEST VIRGINIA. --
(1) STUDY. -- The Secretary is directed to conduct a study to
determine the feasibility of establishing a "Tug Valley Greenway",
in relation to those projects along the Tug Fork River in West
Virginia authorized by section 202 of Public Law 96-367, for the
purpose of utilizing the river environment for public recreation
opportunities. Specific consideration shall be given in the study
to providing for hiking trails, fishing access points, bike paths,
and scenic overlooks.
(2) CONSULTATION. -- In conducting the study under this
subsection, the Secretary shall consult with interested State and
local government authorities and nonprofit organizations.
(3) REPORT. -- Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on the results of the study conducted under this
subsection.
SEC. 115. CONTINUATION OF AUTHORIZATION OF CERTAIN PROJECTS AND
STUDIES.
(a) GENERAL RULE FOR PROJECTS. -- Notwithstanding section 1001 of
the Water Resources Development Act of 1986, the following projects
shall remain authorized to be carried out by the Secretary:
(1) GREEN BAY LEVEE DISTRICT, IOWA. -- The project for flood
control, Green Bay Levee District, Iowa, authorized by section
401(a) of the Water Resources Development Act of 1986 (100 Stat.
4115).
(2) LAKE PONTCHARTRAIN, NORTH SHORE, LOUISIANA. -- The project
for beach erosion control, navigation, and recreation, Lake
Pontchartrain, North Shore, Louisiana, authorized by section 601
of the Water Resources Development of 1986 (100 Stat. 4142).
(3) ST. JOHNS BAYOU AND NEW MADRID FLOODWAY, MISSOURI. -- The
project for flood control, St. Johns Bayou and New Madrid
Floodway, Missouri, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4118).
(4) DEAL LAKE, MONMOUTH COUNTY, NEW JERSEY. -- The project for
removal of silt and stumps and the control of pollution from
nonpoint sources, Deal Lake, Monmouth County, New Jersey,
authorized by section 602 of the Water Resources Development Act
of 1986 (100 Stat. 4148-4149).
(5) TYRONE, PENNSYLVANIA. -- The project for flood protection,
Tyrone, Pennsylvania, on the Little Juniata River authorized by
section 10 of the Flood Control Act of December 23, 1944 (58 Stat.
893). The Secretary shall examine lower cost alternative measures
for providing flood protection for Tyrone, Pennsylvania, and
submit to Congress a report on the results of such examination not
later than April 1, 1994.
(6) BIG PINE LAKE, TEXAS. -- The project for flood control,
Big Pine Lake, Texas, authorized by section 203 of the Flood
Control Act of 1962 (76 Stat. 1186).
(b) LIMITATION. -- A project described in subsection (a) shall not
be authorized for construction after the last day of the 5-year period
that begins on the date of the enactment of this Act unless, during such
period, funds have been obligated for the construction (including
planning and design) of the project.
SEC. 116. PROJECT DEAUTHORIZATIONS.
The following projects are not authorized after the date of the
enactment of this Act:
(1) BOOTHBAY HARBOR, MAINE. -- The following portion of the
project for navigation, Boothbay Harbor, Maine, authorized by the
River and Harbor Act of 1912, shoreward (easterly) of the line
described below:
Beginning at a bend in the Federal navigation channel whose
coordinates are N. 370950.51, E. 642621.79, running thence in a
southwesterly direction about 200 feet to a point whose
coordinates are N. 370766.64, E. 642543.09, running thence in a
southerly direction about 270.10 feet to a point whose coordinates
are N. 370500.00, E. 642500.00.
(2) BOSTON INNER HARBOR CHANNEL, MASSACHUSETTS. -- The
following 305,340-square-foot portion of the 35-foot channel in
Boston Inner Harbor lying easterly of the Charlestown waterfront
and westerly of the 40-foot main ship channel, authorized by the
River and Harbor Act of June 13, 1902:
Commencing at a point of the intersection of the 35-foot
channel line and the westerly 40-foot main ship channel line in
Boston Harbor, said point being opposite the east face of Pier 11,
Charlestown, Massachusetts; thence running south 10 degrees 17
minutes 15 seconds east 323.54 feet to a point; thence turning
and running south 15 degrees 21 minutes 11 seconds west 1,785.75
feet to a point, said last two courses being laong the westerly
40-foot main ship channel line; thence turning and running south
65 degrees 18 minues 42 seconds west 573.52 feet to a point at the
bend in the existing westerly 35-foot channel line southeasterly
of Pier 4 at Charlestown, Massachusetts; thence turning and
running north 50 degrees 11 minutes 25 seconds east 523.55 feet to
a point; thence turning and running north 15 degrees 21 minutes
11 seconds east 2,016.68 feet to a point of beginning, said last
two courses being along the westerly 35-foot channel line.
(3) NEWBURYPORT, MASSACHUSETTS. -- The following portion of
the project for navigation, Newburyport Harbor, Massachusetts,
authorized by the River and Harbor Act of 1910 (36 Stat. 632):
Commencing at a point north 661793.19 east 768152.83 a line
running: north 39 degrees 07 minutes 47 seconds east 227.04 feet
to a point north of 6619679.31 east 768296.11 thence turning and
running, south 68 degrees 53 minutes 36 seconds east 2402.44 feet
to a point north 661104.18 east 770537.38 thence turning and
running, north 84 degrees 27 minutes 35 seconds east 1325.37 feet
to a point north 661232.14 east 771856.55 thence turning and
running, south 54 degrees 05 minutes 43 seconds west 327.30 feet
to a point north 661040.20 east 771591.44 thence turning and
running, south 25 degrees 40 minutes 37 seconds west 579.02 feet
to a point north 660518.31 east 771340.53 thence turning and
running, north 67 degrees 15 minutes 59 seconds west 1791.61 feet
to a point north 661210.67 east 769688.11 thence turning and
running, north 77 degrees 45 minutes 23 seconds west 1187.30 feet
to a point north 661462.46 east 768527.82 thence turning and
running, north 48 degrees 35 minutes 19 seconds west 500.00 feet
returning to a point north 661793.19 east 768152.83.
(4) GREILICKVILLE, MICHIGAN. -- The following portion of the
navigation project for Greilickville, Michigan, authorized by
section 101 of the River and Harbor Act of 1948 (62 Stat. 1173):
Beginning at the northwest corner of the turning basin, Federal
navigation project, Grielickville Harbor, Leelanau County,
Michigan, having a northing of 1,199,300 and an easting of 529,501
(Michigan Transverse Mercator, Central Zone, NAD 27) and being
depicted on the Department of the Army, Detroit District Corps of
Engineers Condition of Channel, sheet 1 of 1, dated March 1991;
thence 77 degrees 18 minutes 20.4 seconds a distance of 250.7
feet, thence 167 degrees 18 minutes 20.4 seconds a distance of 175
feet, thence 94 degrees 12 minutes 39.2 seconds a distance of
222.8 feet, thence 167 degrees 36 minutes 07.2 seconds a distance
of 600 feet, thence 303 degrees 41 minutes 24.2 seconds a distance
of 57.7 feet, thence 257 degrees 22 minutes 57.6 seconds a
distance of 421.2 feet, thence 347 degrees 19 minutes 23.2 seconds
a distance of 797.4 feet to the point of beginning, containing
7.48 acres more or less.
(5) SOUTH HAVEN HARBOR, MICHIGAN. -- The following portion of
the navigation project for South Haven Harbor, Michigan,
authorized by the first section of the Act entitled "An Act
authorizing the construction, repair, and prevention of certain
public works on rivers and harbors, and for other purposes",
approved August 30, 1935 (49 Stat. 1036): Beginning at the
southwest corner of the turning basin, Federal navigation project,
South Haven, Van Buren County, Michigan, having a northing of
330,253.86 and an easting of 358,150.44 (Michigan Transverse
Mercator, East Zone, NAD 27) and being depicted on the Department
of the Army, Detroit District, Corps of Engineers, condition of
channel sheet 2 of 2 dated February 1992; thence north 22 degrees
27 minutes 11 seconds east, along the westerly boundary, a
distance of 412,51 feet, thence north 70 degrees 45 minutes 39
seconds east, a distance of 41.91 feet, thence south 61 degrees 05
minutes 08 seconds east, a distance of 325.77 feet, thence south
87 degrees 33 minutes 26 seconds east, a distance of 39.89 feet,
thence south 43 degrees 25 minutes 55 seconds west, a distance of
110.35 feet, thence south 70 degrees 45 minutes 56 seconds west, a
distance of 472.65 to the point of beginning (containing 2.19
acres, more or less).
(6) SAG HARBOR, NEW YORK. -- The navigation project (other
than the breakwater) for Sag Harbor, New York, authorized by the
first section of the River and Harbor Act of August 30, 1935 (49
Stat. 1030).
SEC. 117. DEAUTHORIZATION OF A PORTION OF THE CANAVERAL HARBOR,
FLORIDA, PROJECT.
Section 1080 of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 2020) is amended by inserting "thence north 00
degrees - 18' - 51" west, a distance of 764.43 feet;" after "551.30
feet;".
SEC. 118. NAMINGS.
(a) LOCK AND DAM 3, ARKANSAS RIVER, ARKANSAS. --
(1) DESIGNATION. -- Lock and dam numbered 3 on the Arkansas
River, Arkansas, constructed as part of the project for navigation
on the Arkansas River and tributaries, shall be known and
designated as the "Joe Hardin Lock and Dam".
(2) LEGAL REFERENCES. -- A reference in any law, regulation,
document, record, map, or other paper of the United States to the
lock and dam referred to in paragraph (1) shall be deemed to be a
reference to the "Joe Hardin Lock and Dam".
(b) GREERS FERRY LAKE VISITORS CENTER, ARKANSAS. --
(1) DESIGNATION. -- The visitors center at Greers Ferry Lake,
Arkansas, authorized by section 4 of the Act of June 28, 1938 (52
Stat. 2218), shall be known and designated as the "William Carl
Garner Visitors Center".
(2) LEGAL REFERENCES. -- A reference in any law, regulation,
document, record, map, or other paper of the United States to the
visitors center referred to in paragraph (1) shall be deemed to be
a reference to the "William Carl Garner Visitors Center".
(c) JOHN PAUL HAMMERSCHMIDT LAKE, ARKANSAS. --
(1) DESIGNATION. -- The reservoir created by the James W.
Trimble Lock and Dam on the Arkansas River, Arkansas, constructed
as part of the project for navigation on the Arkansas River and
tributaries, shall be known and designated as the "John Paul
Hammerschmidt Lake".
(2) LEGAL REFERENCES. -- A reference in any law, regulation,
document, record, map, or other paper of the United States to the
lake referred to in paragraph (1) shall be deemed to be a
reference to the "John Paul Hammerschmidt Lake".
(d) RED RIVER WATERWAY, LOUISIANA. --
(1) DESIGNATION. -- The lock numbered 5 on the Red River
Waterway, Louisiana, is designated as the "Joe D. Waggonner, Jr.
Lock".
(2) LEGAL REFERENCES. -- A reference in any law, regulation,
document, map, or other paper of the United States to the lock
referred to in paragraph (1) shall be deemed to be a reference to
the "Joe D. Wagonner, Jr. Lock".
(e) PASSAIC RIVER STREAMBANK AREA, NEW JERSEY. --
(1) DESIGNATION. -- The area for which environmental and other
streambank restoration measures are authorized by section
101(a)(18)(B) of the Water Resources Development Act of 1990,
relating to the project for flood control, Passaic River Mainstem,
New Jersey and New York, shall hereafter be known and designated
as the "Joseph G. Minish Passaic River Waterfront Park and
Historic Area".
(2) LEGAL REFERENCES. -- A reference in any law, regulation,
document, record, map, or other paper of the United States to the
area referred to in paragraph (1) shall be deemed to be a
reference to the "Joseph G. Minish Passaic River Waterfront Park
and Historic Area".
(f) BUENA VISTA FLOOD CONTROL PROJECT, VIRGINIA. --
(1) DESIGNATION. -- The project for flood control, Buena
Vista, Virginia, authorized by section 101(a)(24) of the Water
Resources Development of 1990 (104 Stat. 4610), shall hereafter be
known and designated as the "James R. Olin Flood Control Project".
(2) LEGAL REFERENCES. -- A reference in any law, regulation,
document, record, map, or other paper of the United States to the
flood control project referred to in paragraph (1) shall be deemed
to be a reference to the "James R. Olin Flood Control Project".
(3) PLAQUE. -- The Secretary is authorized to install in an
appropriate place a plaque to identify the flood control project
referred to in paragraph (1) as the "James R. Olin Flood Control
Project".
(g) GALLIPOLIS LOCKS AND DAM, OHIO RIVER, OHIO AND WEST VIRGINIA. --
(1) DESIGNATION. -- The Gallipolis Locks and Dam, Ohio River,
Ohio and West Virginia, authorized by section 301(a) of the Water
Resources Development Act of 1986 (100 Stat. 4110), shall
hereafter be known and designated as the "Robert C. Byrd Locks and
Dam".
(2) LEGAL REFERENCES. -- A reference in any law, regulation,
document, record, map, or other paper of the United States to the
locks and dam referred to in paragraph (1) shall be deemed to be a
reference to the "Robert C. Byrd Locks and Dam".
(h) MILL CREEK RESERVOIR, WASHINGTON. --
(1) DESIGNATION. -- The Mill Creek Reservoir, authorized by
section 4 of the River and Harbor Act of June 28, 1938 (52 Stat.
1222), shall hereafter be known and designated as the "Virgil B.
Bennington Lake".
(2) LEGAL REFERENCES. -- A reference in any law, regulation,
document, record, map, or other paper of the United States to the
reservoir referred to in paragraph (1) shall be deemed to be a
reference to the "Virgil B. Bennington Lake".
SEC. 201. ABILITY TO PAY.
(a) GENERAL RULE. -- Section 103(m) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(m)) is amended to read as
follows:
"(m) ABILITY TO PAY. -- Any cost-sharing agreement under this
section for flood control or agricultural water supply shall be subject
to the ability of a non-Federal interest to pay. The ability of any
non-Federal interest to pay shall be determined by the Secretary in
accordance with procedures established by the Secretary.".
(b) REVIEW OF REGULATIONS. -- The Secretary shall review regulations
on ability to pay contained in part 241 of title 33, Code of Federal
Regulations, published in the Federal Register, Volume 56, Number 114,
on June 13, 1991, in light of locally prevailing conditions such as
those associated with the projects listed in subsection (c) and shall
amend the regulations to the extent that the Secretary determines
necessary to more appropriately take into account locally prevailing
conditions which would limit the ability of local interest to
participate as non-Federal project sponsors in accordance with
established cost-sharing formulas.
(c) PROJECTS. -- The projects referred to in subsection (b) are as
follows:
(1) FEATHER CREEK, CLINTON, INDIANA. -- The project for flood
control, Feather Creek, Clinton, Indiana, being carried out under
section 205 of the Flood Control Act of 1948 (33 U.S.C. 701(s)).
(2) PERRY CREEK, SIOUX CITY, IOWA. -- The project for flood
control, Perry Creek, Sioux City, Iowa, authorized by section 401
of the Water Resources Development Act of 1986 (100 Stat. 4116)
and reauthorized by this Act.
(3) ALOHA-RIGOLETTE, LOUISIANA. -- The project for flood
control, Aloha-Rigolette, Louisiana, authorized by section
101(a)(12) of the Water Resources Development Act of 1990 (104
Stat. 4607).
(4) ST. JOHNS BAYOU AND NEW MADRID FLOODWAY, MISSOURI. -- The
project for flood control, St. Johns Bayou and New Madrid
Floodway, Missouri, authorized by section 401(a) of the Water
Resources Development Act of 1986 (100 Stat. 4118).
(5) STE. GENEVIEVE, MISSOURI. -- The project for flood
control, Ste. Genevieve, Missouri, authorized by section 401(a) of
the Water Resources Development Act of 1986 (100 Stat. 4118).
(6) BUENA VISTA, VIRGINIA. -- The project for flood control,
Buena Vista, Virginia, authorized by section 101(a)(24) of the
Water Resources Development Act of 1990 (104 Stat. 4610).
SEC. 202. PROJECTS FOR IMPROVEMENTS OF THE ENVIRONMENT.
Section 1135 of the Water Resources Development Act of 1986 (33
U.S.C. 2309a; 100 Stat. 4251-4252) is amended --
(1) by inserting at the end of subsection (b) the following new
sentence: "No modification shall be carried out under this
section without specific authorization by Congress if the
estimated cost exceeds $5,000,000."; and
(2) in subsection (e) by striking "$15,000,000" and inserting
"$25,000,000".
SEC. 203. "33 USC 2325" VOLUNTARY CONTRIBUTIONS FOR ENVIRONMENTAL
AND RECREATION PROJECTS.
(a) ACCEPTANCE. -- In connection with carrying out a water resources
project for environmental protection and restoration or a water
resources project for recreation, the Secretary is authorized to accept
contributions of cash, funds, materials, and services from persons,
including governmental entities but excluding the project sponsor.
(b) DEPOSIT. -- Any cash or funds received by the Secretary under
subsection (a) shall be deposited into the account in the Treasury of
the United States entitled "Contributions and Advances, Rivers and
Harbors, Corps of Engineers (8662)" and shall be available until
expended to carry out water resources projects described in subsection
(a).
SEC. 204. "33 USC 2326" BENEFICIAL USES OF DREDGED MATERIAL.
(a) IN GENERAL. -- The Secretary is authorized to carry out projects
for the protection, restoration, and creation of aquatic and
ecologically related habitats, including wetlands, in connection with
dredging for construction, operation, or maintenance by the Secretary of
an authorized navigation project.
(b) SECRETARIAL FINDINGS. -- Subject to subsection (c) of this
section, projects for the protection, restoration, or creation of
aquatic and ecologically related habitats may be undertaken in any case
where the Secretary finds that --
(1) the environmental, economic, and social benefits of the
project, both monetary and nonmonetary, justify the cost thereof;
and
(2) the project would not result in environmental degradation.
(c) COOPERATIVE AGREEMENT. -- Any project undertaken pursuant to
this section shall be initiated only after non-Federal interests have
entered into a cooperative agreement in accordance with the requirements
of section 221 of the Flood Control Act of 1970 in which the non-Federal
interests agree to --
(1) provide 25 percent of the cost associated with construction
of the project for the protection, restoration, and creation of
aquatic and ecologically related habitats, including provision of
all lands, easements, rights-of-way, and necessary relocations;
and
(2) pay 100 percent of the operation, maintenance, replacement,
and rehabilitation costs associated with the project for the
protection, restoration, and creation of aquatic and ecologically
related habitats.
(d) DETERMINATION OF CONSTRUCTION COSTS. -- Costs associated with
construction of a project for the protection, restoration, and creation
of aquatic and ecologically related habitats shall be limited solely to
construction costs which are in excess of those costs necessary to carry
out the dredging for construction, operation, or maintenance of the
authorized navigation project in the most cost effective way, consistent
with economic, engineering, and environmental criteria.
(e) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated not to exceed $15,000,000 annually to carry out this
section. Such sums shall remain available until expended.
SEC. 205. "33 USC 2327" DEFINITION OF REHABILITATION FOR INLAND
WATERWAY PROJECTS.
For purposes of laws relating to navigation on inland and
intracoastal waterways of the United States, the term "rehabilitation"
means --
(1) major project feature restoration --
(A) which consists of structural work on an inland navigation
facility operated and maintained by the Corps of Engineers;
(B) which will significantly extend the physical life of the
feature;
(C) which is economically justified by a benefit-cost analysis;
(D) which will take at least 2 years to complete; and
(E)(i) which is initially funded before October 1, 1994, and
will require at least $5,000,000 in capital outlays; or
(ii) which is initially funded on or after such date and will
require at least $8,000,000 in capital outlays; and
(2) structural modification of a major project component (not
exhibiting reliability problems) --
(A) which will enhance the operational efficiency of such
component or any other major component of the project by
increasing benefits beyond the original project design; and
(B) which will require at least $1,000,000 in capital outlays.
Such term does not include routine or deferred maintenance. The dollar
amounts referred to in paragraphs (1) and (2) shall be adjusted annually
according to the economic assumption published each year as guidance in
the Annual Program and Budget Request for Civil Works Activities of the
Corps of Engineers.
SEC. 206. "33 USC 426i-1" CONSTRUCTION OF SHORELINE PROTECTION
PROJECTS BY NON-FEDERAL INTERESTS.
(a) AUTHORITY. -- Non-Federal interests are authorized to undertake
shoreline protection projects on the coastline of the United States,
subject to obtaining any permits required pursuant to Federal and State
laws in advance of actual construction.
(b) STUDIES AND ENGINEERING. --
(1) BY NON-FEDERAL INTERESTS. -- A non-Federal interest may
prepare, for review and approval by the Secretary, the necessary
studies and engineering for any construction to be undertaken
under subsection (a).
(2) BY SECRETARY. -- Upon request of an appropriate
non-Federal interest, the Secretary may undertake all necessary
studies and engineering for any construction to be undertaken
under subsection (a) and provide technical assistance in obtaining
all necessary permits for such construction if the non-Federal
interest contracts with the Secretary to furnish the United States
funds for the studies and engineering during the period that the
studies and engineering will be conducted.
(c) COMPLETION OF STUDIES. -- The Secretary is authorized to
complete and transmit to the appropriate non-Federal interests any study
for shoreline protection which was initiated before the date of the
enactment of this Act or, upon the request of such non-Federal interest,
to terminate the study and transmit the partially completed study to the
non-Federal interest for completion. Studies subject to this subsection
shall be completed without regard to the requirements of subsection (b).
(d) AUTHORITY TO CARRY OUT IMPROVEMENT. --
(1) IN GENERAL. -- Any non-Federal interest which has received
from the Secretary pursuant to subsection (b) or (c) a favorable
recommendation to carry out a shoreline protection project or
separable element thereof, based on the results of completed
studies and engineering for the project or element, may carry out
the project or element if a final environmental impact statement
has been filed for the project or element.
(2) PERMITS. -- Any plan of improvement proposed to be
implemented in accordance with this subsection shall be deemed to
satisfy the requirements for obtaining the appropriate permits
required under the Secretary's authority and such permits shall be
granted subject to the non-Federal interest's acceptance of the
terms and conditions of such permits if the Secretary determines
that the applicable regulatory criteria and procedures have been
satisfied.
(3) MONITORING. -- The Secretary shall monitor any project for
which permits are granted under this subsection in order to ensure
that such project is constructed (and, in those cases where such
activities will not be the responsibility of the Secretary,
operated and maintained) in accordance with the terms and
conditions of such permits.
(e) REIMBURSEMENT. --
(1) GENERAL RULE. -- Subject to the enactment of appropriation
Acts, the Secretary is authorized to reimburse any non-Federal
interest an amount equal to the estimate of the Federal share,
without interest, of the cost of any authorized shoreline
protection project, or separable element thereof, constructed
under this section --
(A) if, after authorization and before initiation of
construction of the project or separable element, the Secretary
approves the plans for construction of such project by such
non-Federal interest; and
(B) if the Secretary finds, after a review of studies and
engineering prepared pursuant to this section, that construction
of the project or separable element is economically justified and
environmentally acceptable.
(2) MATTERS TO BE CONSIDERED IN REVIEWING PLANS. -- In
reviewing plans under this subsection, the Secretary shall
consider budgetary and programmatic priorities and other factors
that the Secretary deems appropriate.
(3) MONITORING. -- The Secretary shall regularly monitor and
audit any project for shore protection constructed under this
section by a non-Federal interest in order to ensure that such
construction is in compliance with the plans approved by the
Secretary and that the costs are reasonable.
(4) LIMITATION ON REIMBURSEMENTS. -- No reimbursement shall be
made under this section unless and until the Secretary has
certified that the work for which reimbursement is requested has
been performed in accordance with applicable permits or approved
plans.
SEC. 207. COST-SHARING FOR DISPOSAL OF DREDGED MATERIAL ON BEACHES.
Section 145 of the Water Resources Development Act of 1976 (33 U.S.C.
426j) is amended by striking the last sentence and inserting the
following new sentences: "At the request of the State, the Secretary
may enter into an agreement with a political subdivision of the State to
place sand on the beaches of the political subdivision of the State
under the same terms and conditions required in the first sentence of
this section; except that the political subdivision shall be
responsible for providing any payments required under such sentence in
lieu of the State. In carrying out this section, the Secretary shall
give consideration to the schedule of the State, or the schedule of the
responsible political subdivision of the requesting State, for providing
its share of funds for placing such sand on the beaches of the State or
the political subdivision and shall, to the maximum extent practicable,
accommodate such schedule.".
SEC. 208. FEES FOR DEVELOPMENT OF STATE WATER PLANS.
Section 22 of the Water Resources Development Act of 1974 (42 U.S.C.
1962d-16) is amended --
(1) in subsection (b) by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the following
new paragraph:
"(3) IN-KIND SERVICES. -- Up to 1/2 of the non-Federal
contribution for preparation of a plan subject to the cost sharing
program under this subsection may be made by the provision of
services, materials, supplies, or other in-kind services necessary
to prepare the plan."; and
(2) in subsection (d) by inserting "Indian tribes," after
"States of the United States,".
SEC. 209. DAM SAFETY PROGRAM EXTENSION.
(a) STATE SAFETY PROGRAMS. -- The first sentence of section 7(a) of
Public Law 92-367 (33 U.S.C. 467f(a)) is amended by striking "1992" and
inserting "1994".
(b) STATE TRAINING PROGRAMS. -- The second sentence of section 11 of
Public Law 92-367 (33 U.S.C. 467j) is amended by striking "1992" and
inserting "1994".
(c) RESEARCH PROGRAM. -- The last sentence of section 12 of Public
Law 92-367 (33 U.S.C. 467k) is amended by striking "1992" and inserting
"1994".
(d) DAM INVENTORY. -- The second sentence of section 13 of Public
Law 92-367 "33 USC 467l" is amended by striking "1992" and inserting
"1994".
(e) MUSSERS DAM, MIDDLE CREEK, SNYDER COUNTY, PENNSYLVANIA. --
(1) IN GENERAL. -- The Secretary is authorized to provide
planning, engineering and design, construction, technical, and
other assistance to non-Federal interests for repair,
reconstruction, replacement, or other modification to Mussers Dam,
Middle Creek, Snyder County, Pennsylvania, in order to bring such
dam into compliance with the safety requirements which the Federal
Energy Regulatory Commission has determined to be necessary.
(2) COORDINATION. -- The Secretary shall provide any
assistance under paragraph (1) in coordination with the Federal
Energy Regulatory Commission and State and local interests.
(3) LIMITATION ON STATUTORY CONSTRUCTION. -- Nothing in this
subsection shall be construed as affecting or modifying --
(A) the obligations of non-Federal interests under the Federal
Power Act or any license, permit, or exemption issued under such
Act; or
(B) the duties and responsibilities of the Federal Energy
Regulatory Commission under the Federal Power Act to require and
enforce on a timely basis safety compliance with such Act and any
license, permit, or exemption issued under such Act.
(4) FEDERAL SHARE. -- The Federal share of the cost of repair,
reconstruction, replacement, and other modification to Mussers Dam
for the purpose described in paragraph (1) shall be 75 percent.
(5) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to
be appropriated to carry out this subsection $3,000,000 for fiscal
years beginning after September 30, 1992. Such sums shall remain
available until expended.
(f) BEAVER LAKE, ARKANSAS. -- All costs incurred in carrying out the
project to correct seepage problems at Beaver Lake, Arkansas, shall be
treated as costs incurred for a dam safety project and shall be subject
to cost sharing in accordance with section 1203 of the Water Resources
Development Act of 1986.
SEC. 210. "33 USC 569d" SAFETY AWARD AND PROMOTIONAL MATERIALS.
(a) PROMOTION OF SAFETY PROGRAM. --
(1) PROCUREMENT OF PROMOTIONAL MATERIALS. -- The Secretary is
authorized to procure materials that, in the judgment of the
Secretary, are necessary to promote the Corps of Engineers safety
program.
(2) DISTRIBUTION OF MATERIALS TO EMPLOYEES. -- The items
purchased pursuant to this subsection shall be distributed to
employees of the Corps of Engineers to advance the goals of the
safety program.
(b) EMPLOYEE RECOGNITION. -- The Secretary is authorized to incur
necessary expenses for the honorary recognition of the outstanding
safety performance of employees of the Corps of Engineers. Such
recognition may be in the form of certificates, plaques, cash, or other
forms of awards.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated $350,000 for each fiscal year beginning after September 30,
1992, for carrying out the purposes of this section.
SEC. 211. WORK FOR OTHERS.
Section 3036(d) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
"(3) For purposes of this subsection, the term 'State' includes the
several States, the District of Columbia, the Commonwealths of Puerto
Rico and the Northern Mariana Islands, territories and possessions of
the United States, and Indian tribes.".
SEC. 212. "33 USC 569e" USE OF PRIVATE SECTOR RESOURCES IN SURVEYING
AND MAPPING.
To the maximum extent practicable, the Secretary shall make use of
private sector resources in carrying out surveying and mapping
activities in the Civil Works Program of the Corps of Engineers.
SEC. 213. USE OF DOMESTIC PRODUCTS.
(a) COMPLIANCE WITH BUY AMERICAN ACT. --
(1) IN GENERAL. -- Except as provided in paragraph (2), the
Secretary shall ensure that procurements with funds appropriated
to carry out this Act are conducted in compliance with sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c),
popularly known as the "Buy American Act".
(2) LIMITATION ON APPLICABILITY. -- This subsection shall
apply only to procurements made for which --
(A) amounts are authorized by this Act to be made available;
and
(B) solicitations for bids are issued after the date of the
enactment of this Act.
(3) REPORTS. -- The Secretary shall report to Congress on
procurements covered under this subsection of products that are
not domestic products.
(b) DEFINITIONS. -- For the purposes of this section, the term
"domestic product" means a product --
(1) that is manufactured or produced in the United States; and
(2) at least 50 percent of the cost of the articles, materials,
or supplies of which are mined, produced, or manufactured in the
United States.
SEC. 214. "33 USC 2281 note" RURAL PROJECT EVALUATION AND SELECTION
CRITERIA.
Not later than 18 months after the date of the enactment of this Act,
the Comptroller General shall report to the Committee on Environment and
Public Works of the Senate and the Committee on Public Works and
Transportation of the House of Representatives with specific legislative
and other recommendations on --
(1) improving the equitable distribution of water resources
development projects in rural areas, including recommendations for
--
(A) giving greater value to properties in rural areas;
(B) making the ability to pay provision of section 103(m) of
the Water Resources Development Act of 1986 apply more equitably;
and
(C) giving greater value to crop lands and crops; and (2)
giving greater emphasis to --
(A) projected increases in values of property, crop lands, and
crops which will result from completion of a proposed water
resources development project;
(B) projected increases in the ability to pay by residents
which will result from completion of a proposed water resources
development project; and
(C) other benefits assumed to increase upon completion of a
proposed water resources development project.
SEC. 215. COMPENSATION OF CORPS OF ENGINEERS EMPLOYEES.
(a) SPECIAL POWER RATE EMPLOYEES. -- The Secretary shall conduct a
comparative analysis, on a regional basis, of --
(1) the compensation (including basic wage rates and
differential pay) provided to employees of the Corps of Engineers
who are paid from the Corps of Engineers Special Power Rate
Schedule and who are employed at water resources projects of the
Corps; and
(2) the compensation provided to employees of other Federal
agencies who perform duties similar to those performed by such
employees of the Corps of Engineers.
(b) REGULATORY EMPLOYEES. -- The Secretary shall conduct a
comparative analysis of --
(1) the compensation provided to employees of the Corps of
Engineers who carry out regulatory functions; and
(2) the compensation provided to employees of other Federal
agencies who carry out functions similar to those performed by
such employees of the Corps of Engineers;
for the purpose of determining whether or not an adjustment to the
compensation provided to such employees of the Corps of Engineers is
needed.
(c) PUBLIC PARTICIPATION. -- In conducting the analyses under
subsections (a) and (b), the Secretary shall provide opportunities for
public participation.
(d) REPORTS. -- Not later than 6 months after the date of the
enactment of this Act, the Secretary shall transmit to Congress a report
on the results of the analyses conducted under subsections (a) and (b),
together with any recommendations of the Secretary, and shall implement
such recommendations.
SEC. 216. "33 USC 2211 note" DREDGED MATERIAL DISPOSAL AREAS.
(a) STUDY. -- The Secretary shall conduct a study on the need for
changes in Federal law and policy with respect to dredged material
disposal areas for the construction and maintenance of harbors and
inland harbors by the Secretary. As part of the study, the Secretary
shall evaluate the need for any changes in Federal and non-Federal cost
sharing for such areas and harbor projects, including sources of
funding.
(b) REPORT. -- Not later than 18 months after the date of the
enactment of this Act, the Secretary shall transmit to the Committee on
Public Works and Transportation of the House of Representatives and the
Committee on Environment and Public Works of the Senate a report on the
results of the study conducted under subsection (a), together with
recommendations of the Secretary.
SEC. 217. "43 USC 390h-4 note" REUSE OF WASTE WATER.
(a) IN GENERAL. -- The Secretary is authorized to provide assistance
to non-Federal interests for carrying out projects described in
subsection (c) for the beneficial reuse of waste water. Such assistance
may be in the form of technical and planning and design assistance. If
the Secretary is to provide any design or engineering assistance to
carry out a project under this section, the Secretary shall obtain by
procurement from private sources all services necessary for the
Secretary to provide such assistance, unless the Secretary finds that --
(1) the service would require the use of a new technology
unavailable in the private sector; or
(2) a solicitation or request for proposal has failed to
attract 2 or more bids or proposals.
(b) NON-FEDERAL SHARE. -- The non-Federal share of the cost of
assistance provided under this section shall not be less than 25
percent, except that such share shall be subject to the ability of the
non-Federal interest to pay, including the procedures and regulations
relating to ability to pay established under section 103(m) of the Water
Resources Development Act of 1986.
(c) PROJECT DESCRIPTIONS. -- The projects for which the Secretary is
authorized to provide assistance under subsection (a) are as follows:
(1) SOUTHERN CALIFORNIA COMPREHENSIVE WATER REUSE SYSTEM. --
(A) DESCRIPTION. -- A regional water reuse system for Southern
California to treat, store, and transfer water in order to provide
a new increment of water supply for agricultural, municipal,
industrial, and environmental needs of Southern California.
(B) COOPERATION. -- The Secretary shall carry out this
paragraph in cooperation with the State of California and
appropriate local and regional entities.
(C) SOUTHERN CALIFORNIA DEFINED. -- For purposes of this
paragraph, the term "Southern California" means those portions of
the counties of Imperial, Los Angeles, Orange, San Bernardino,
Riverside, San Diego, Ventura, Santa Barbara, and San Luis Obispo,
California, within the south coast, central coast, and Colorado
River hydro-logic regions as defined by the California Department
of Water Resources.
(2) SAN DIEGO AREA WATER REUSE DEMONSTRATION FACILITIES. --
Water reuse facilities (which are not inconsistent with facilities
mandated by the United States District Court in San Diego,
California) to develop advance technology for economically and
environmentally sound alternative water supplies for the San Diego
metropolitan area.
(3) SANTA ROSA WATER REUSE PROJECTS. --
(A) DESCRIPTION. -- Water reuse projects for the city of Santa
Rosa, California, to treat waste water and store such treated
water for the purposes of providing new water supplies for
agriculture, municipal, environmental, and other purposes and
reducing the use of potable water supplies for purposes where
treated waste water is a viable substitute.
(B) COOPERATION. -- The Secretary shall carry out this
paragraph in cooperation with the city of Santa Rosa, California,
and other appropriate authorities.
(4) MONTEREY COUNTY, CALIFORNIA. --
(A) DESCRIPTION. -- Reduction of salt water intrusion into
aquifers in the vicinity of Castroville, California, for the
purposes of improving the water quality in Monterey Bay and
enhancing long-term water supply in the area.
(B) COOPERATION. -- The Secretary shall carry out this
paragraph in cooperation with the Monterey Regional Water
Pollution Control Agency and the Monterey County Water Resources
Agency.
(d) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to carry out this section $5,000,000. Such sums shall
remain available until expended.
SEC. 218. "43 USC 390h-5 note" DEMONSTRATION OF WASTE WATER
TECHNOLOGY, SANTA CLARA VALLEY WATER DISTRICT AND SAN JOSE, CALIFORNIA.
(a) IN GENERAL. -- The Secretary, in cooperation with the
Administrator of the Environmental Protection Agency, is authorized to
provide design and construction assistance to the Santa Clara Valley
Water District in San Jose, California, and to the city of San Jose,
California, for demonstrating and field testing public use innovative
processes which advance the technology of waste water reuse and
treatment and which promote the use of treated waste water for critical
water supply purposes and for the protection of fish and wildlife in the
San Francisco Bay. All design, construction, and comprehensive health
effects studies shall be carried out by non-Federal interests.
(b) PURPOSES OF ASSISTANCE. -- Assistance may be provided under this
section --
(1) for the design and construction of an innovative nonpotable
waste water reuse treatment facility with distribution systems;
(2) for the design and construction of an innovative potable
waste water reuse pilot plant;
(3) for implementation of a comprehensive health effects study
of the performance of the potable waste water reuse pilot plant;
and
(4) after the pilot plant is constructed and is operational,
for the design and construction of a potable waste water reuse
project, along with integration of the additional potable
processes into the existing nonpotable facilities, and the
extension of the distribution systems to groundwater recharge
areas, if the Secretary, in cooperation with the Administrator of
the Environmental Protection Agency, determines that the
established public health requirements and water quality goals and
objectives are being met by the pilot plant, the public health and
safety is not at risk as a result of the operation of the pilot
plant, and the pilot plant is operating reliably.
(c) COST SHARING. -- Total project costs under this section shall be
shared at 75 percent Federal and 25 percent non-Federal. The
non-Federal sponsor shall receive credit for lands, easements,
rights-of-way, and relocations toward its share of project costs, but
not to exceed 25 percent of total project costs. Operation and
maintenance cost shall be 100 percent non-Federal.
(d) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to carry out this section $10,000,000. Such sums shall
remain available until expended.
SEC. 219. ENVIRONMENTAL INFRASTRUCTURE.
(a) IN GENERAL. -- The Secretary is authorized to provide assistance
to non-Federal interests for carrying out water-related environmental
infrastructure and resource protection and development projects
described in subsection (c), including waste water treatment and related
facilities and water supply, storage, treatment, and distribution
facilities. Such assistance may be in the form of technical and
planning and design assistance. If the Secretary is to provide any
design or engineering assistance to carry out a project under this
section, the Secretary shall obtain by procurement from private sources
all services necessary for the Secretary to provide such assistance,
unless the Secretary finds that --
(1) the service would require the use of a new technology
unavailable in the private sector; or
(2) a solicitation or request for proposal has failed to
attract 2 or more bids or proposals.
(b) NON-FEDERAL SHARE. -- The non-Federal share of the cost of
projects for which assistance is provided under this section shall not
be less than 25 percent, except that such share shall be subject to the
ability of the non-Federal interest to pay, including the procedures and
regulations relating to ability to pay established under section 103(m)
of the Water Resources Development Act of 1986.
(c) PROJECT DESCRIPTIONS. -- The projects for which the Secretary is
authorized to provide assistance under subsection (a) are as follows:
(1) WASHINGTON, D.C. AND MARYLAND. -- Measures to alleviate
adverse water quality impacts resulting from storm water
discharges from Federal facilities in the Anacostia River
water-shed, Washington, D.C. and Maryland.
(2) ATLANTA, GEORGIA. -- A combined sewer overflow treatment
facility for the city of Atlanta, Georgia.
(3) HAZARD, KENTUCKY. -- A water system (including a
13,000,000 gallon per day water treatment plant), intake
structures, raw water pipelines and pumps, distribution lines, and
pumps and storage tanks for Hazard, Kentucky.
(4) ROUGE RIVER, MICHIGAN. -- Completion of a comprehensive
streamflow enhancement project for the Western Townships Utility
Authority, Rouge River, Wayne County, Michigan.
(5) JACKSON COUNTY, MISSISSIPPI. -- Provision of an
alternative water supply for Jackson County, Mississippi.
(6) EPPING, NEW HAMPSHIRE. -- Evaluation and assistance in
addressing expanded and advanced wastewater treatment needs for
Epping, New Hampshire.
(7) MANCHESTER, NEW HAMPSHIRE. -- Elimination of combined
sewer overflows in the city of Manchester, New Hampshire.
(8) ROCHESTER, NEW HAMPSHIRE. -- Provision of advanced
wastewater treatment for the city of Rochester, New Hampshire.
(9) PATERSON AND PASSAIC COUNTY, NEW JERSEY. -- Drainage
facilities to alleviate flooding problems on Getty Avenue in the
vicinity of St. Joseph's Hospital for the city of Paterson, New
Jersey, and Passaic County, New Jersey.
(10) STATE OF NEW JERSEY AND NEW JERSEY WASTEWATER TREATMENT
TRUST. -- The development of innovative beneficial uses of sewage
sludge and conventional and innovative facilities to dispose of
sewage sludge or to make reusable products from sewage sludge for
local government units that ceased the discharge of sewage sludge
in the Atlantic Ocean.
(11) ERIE COUNTY, NEW YORK. -- A tunnel from North Buffalo,
New York, to Amherst Quarry to relieve flooding and improve water
quality.
(12) ERIE COUNTY, NEW YORK. -- A sludge processing disposal
facility to serve the Erie County Sewer District 5, New York.
(13) OTSEGO COUNTY, NEW YORK. -- A water storage tank and an
adequate water filtration system for the Village of Milford,
Otsego County, New York.
(14) CHENANGO COUNTY, NEW YORK. -- A primary source water well
and improvement of a water distribution system for New Berlin,
Chenango County, New York.
(15) GREENSBORO AND GLASSWORKS, PENNSYLVANIA. -- A sewage
treatment plant for the borough of Greensboro, Pennsylvania, and
the unincorporated village of Glassworks, Pennsylvania.
(16) LYNCHBURG, VIRGINIA. -- Alleviation of combined sewer
overflows for Lynchburg, Virginia, in accordance with combined
sewer overflow control plans adopted by, and currently being
implemented by, the non-Federal sponsor.
(17) RICHMOND, VIRGINIA. -- Alleviation of combined sewer
overflows for Richmond, Virginia, in accordance with combined
sewer overflow control plans adopted by, and currently being
implemented by, the non-Federal sponsor.
(18) COLONIAS ALONG UNITED STATES-MEXICO BORDER. -- Wastewater
treatment facilities, water systems (incuding water treatment
plants), intake structures, raw water pipelines and pumps,
distribution lines, and pumps and storage tanks for colonias in
the United States along the United States-Mexico border.
(d) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated for providing assistance under this section $5,000,000.
Such sums shall remain available until expended.
SEC. 220. ENVIRONMENTAL INFRASTRUCTURE ASSISTANCE FOR BENTON AND
WASHINGTON COUNTIES, ARKANSAS.
(a) IN GENERAL. -- The Secretary is authorized to provide design and
construction assistance to appropriate non-Federal interests for a water
transmission line from the northern part of Beaver Lake, Arkansas, into
Benton and Washington Counties, Arkansas, at a total cost of $5,000,000.
(b) COST SHARING. -- Total project costs under subsection (a) shall
be shared at 75 percent Federal and 25 percent non-Federal. The
non-Federal sponsor shall receive credit for lands, easements,
rights-of-way, and relocations toward its share of project costs, but
not to exceed 25 percent of total project costs. Operation and
maintenance cost shall be 100 percent non-Federal.
SEC. 221. ENVIRONMENTAL INFRASTRUCTURE ASSISTANCE FOR ERIE COUNTY,
NEW YORK.
(a) BEST MANAGEMENT PRACTICES FOR COMBINED SEWER SYSTEM. -- The
Secretary is authorized to provide design and construction assistance to
the Buffalo Sewer Authority, Buffalo, New York, for the development and
implementation of best management practices to reduce pollution from the
combined sewer system in the city, at a total cost of $6,800,000.
(b) STORM WATER CONTROL PROJECT. -- The Secretary is authorized to
provide design and construction assistance to the town of Amherst, New
York, for a storm water control project on Sheridan Drive between Evans
Road and Transit Road in the town of Amherst, New York, at a total cost
of $200,000.
(c) COST SHARING. -- Total project costs under each of subsections
(a) and (b) shall be shared at 75 percent Federal and 25 percent
non-Federal. The non-Federal sponsor shall receive credit for lands,
easements, rights-of-way, and relocations toward its share of project
costs, but not to exceed 25 percent of total project costs. Operation
and maintenance costs shall be 100 percent non-Federal.
SEC. 222. ENVIRONMENTAL INFRASTRUCTURE ASSISTANCE FOR LEWISTON, NEW
YORK.
(a) IN GENERAL. -- The Secretary is authorized to provide design and
construction assistance to the city of Lewiston, New York, for
construction of a storm water control project, at a total cost of
$200,000.
(b) COST SHARING. -- Total project costs under subsection (a) shall
be shared at 75 percent Federal and 25 percent non-Federal. The
non-Federal sponsor shall receive credit for lands, easements,
rights-of-way, and relocations toward its share of project costs, but
not to exceed 25 percent of total project costs. Operation and
maintenance cost shall be 100 percent non-Federal.
SEC. 223. "33 USC 541 note" BOARD OF ENGINEERS.
The Board of Engineers for Rivers and Harbors, established by section
3 of the River and Harbor Act of June 13, 1902 (33 U.S.C. 541), shall
cease to exist on the 180th day following the date of the enactment of
this Act. The Secretary may reassign to other elements within the
Department of the Army such duties and responsibilities of the Board as
the Secretary determines to be necessary.
SEC. 224. CHANNEL DEPTHS AND DIMENSIONS.
Section 5 of the Act of March 4, 1915 (38 Stat. 1053; 33 U.S.C.
562), is amended --
(1) by inserting "and after the project becomes operational"
before the first comma;
(2) by inserting "lower" after "mean" the first place it
appears;
(3) by inserting ", as defined by the Department of Commerce
for nautical charts and tidal predictions," after "water" each
place it appears; and
(4) by inserting "and after the project becomes operational"
before "the channel dimensions".
SEC. 225. "33 USC 2328" CHALLENGE COST-SHARING PROGRAM FOR THE
MANAGEMENT OF RECREATION FACILITIES.
(a) IN GENERAL. -- The Secretary is authorized to develop and
implement a program to share the cost of managing recreation facilities
and natural resources at water resource development projects under the
Secretary's jurisdiction.
(b) COOPERATIVE AGREEMENTS. -- To implement the program under this
section, the Secretary is authorized to enter into cooperative
agreements with non-Federal public and private entities to provide for
operation and management of recreation facilities and natural resources
at civil works projects under the Secretary's jurisdiction where such
facilities and resources are being maintained at complete Federal
expense.
(c) CONTRIBUTIONS. -- For purposes of carrying out this section the
Secretary may accept contributions of funds, materials, and services
from non-Federal public and private entities. Any funds received by the
Secretary under this section shall be deposited into the account in the
Treasury of the United States entitled "Contributions and Advances,
Rivers and Harbors, Corps of Engineers (8662)" and shall be available
until expended to carry out the purposes of this section.
SEC. 226. "33 USC 569f" DEBARMENT OF PERSONS CONVICTED OF FRAUDULENT
USE OF "MADE IN AMERICA" LABELS.
If the Secretary determines that a person has been convicted of
intentionally affixing a label bearing a "Made in America" inscription
to any product sold in or shipped to the United States which is not made
in the United States and which is used in a civil works project of the
Secretary, the Secretary shall debar the person from contracting with
the Federal Government for a period of not less than 3 years and not
more than 5 years. For purposes of this section, the term "debar" has
the meaning that term has under section 2393(c) of title 10, United
States Code.
SEC. 301. "33 USC 653" EXTENSION OF JURISDICTION OF MISSISSIPPI
RIVER COMMISSION.
The jurisdiction of the Mississippi River Commission (established by
the Act of June 29, 1879 (33 U.S.C. 641)) is extended to include --
(1) Terrebonne Parish, Louisiana; and
(2) the area bounded by the East Atchafalaya Basin Protection
Levee, the Mississippi River Levee, and Bayou Lafourche and
extending from Morganza, Louisiana, to the Gulf of Mexico, insofar
as such area is affected by the flood waters of the Mississippi
River.
SEC. 302. NEW YORK CITY ZEBRA MUSSEL PROGRAM.
(a) MONITORING AND PREVENTION. --
(1) IN GENERAL. -- The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, the Director
of the United States Fish and Wildlife Service, the Governor of
the State of New York, and the Mayor of the city of New York,
shall --
(A) develop a prevention monitoring program for zebra mussels
throughout the New York City water supply system;
(B) develop appropriate zebra mussel prevention and removal
technologies for the New York City water supply system; and
(C) provide technical assistance to the State of New York and
the city of New York on alternative design and maintenance
practices for the New York City water supply system in the event
of zebra mussel infestation.
(2) COST SHARING. -- The Secretary shall not initiate any
monitoring, prevention, or technical assistance project or program
under this subsection until appropriate non-Federal interests
agree, by contract, to contribute 25 percent of the cost for such
project or program during the period of such project or program.
(3) AUTHORIZATION OF APPROPRIATIONS. -- For the purposes of
carrying out this subsection, there is authorized to be
appropriated to the Secretary $2,000,000 for each fiscal years
1993, 1994, 1995, 1996, and 1997. Such sums shall remain
available until expended.
(b) EXOTIC AQUATIC ORGANISMS. --
(1) IN GENERAL. -- Section 1101(b) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4711(b)) is amended by adding at the end the following new
paragraph:
"(3) In addition to issuing regulations under paragraph (1), the
Secretary, in consultation with the Task Force shall, not later than 24
months after the date of the enactment of this paragraph, issue
regulations to prevent the introduction and spread of aquatic nuisance
species in the Great Lakes through ballast water carried on vessels
that, after operating on the waters beyond the exclusive economic zone,
enter a United States port on the Hudson River north of the George
Washington Bridge.".
(2) DEFINITION. -- Paragraph (1) of section 1003 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
"16 USC 4702" is amended by inserting "the Committee on Public
Works and Transportation and" after "means".
SEC. 303. SUSQUEHANNA RIVER, PENNSYLVANIA.
(a) WETLANDS DEMONSTRATION PROJECT. -- The Secretary, in cooperation
with appropriate Federal agencies, may enter into a cooperative
agreement with the Earth Conservancy to develop, and carry out along the
Susquehanna River between Wilkes-Barre and Sunbury, Pennsylvania, a
wetlands demonstration project for the purposes of --
(1) enhancing municipal waste water treatment in the region;
(2) restoring and maintaining the physical, chemical, and
biological integrity of the Susquehanna River and its tributaries
as well as nearby lands; and
(3) developing cleanup technologies which can be utilized for
various environmental restoration initiatives.
(b) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to carry out this section $2,000,000. Such sums shall
remain available until expended.
SEC. 304. BROAD TOP REGION OF PENNSYLVANIA.
(a) WATERSHED RECLAMATION AND WETLANDS PILOT PROJECT. -- The
Secretary, in cooperation with appropriate Federal and State agencies,
shall enter into a cooperative agreement with non-Federal interests to
develop and carry out along the Juniata River and its tributaries,
Pennsylvania, a watershed reclamation and protection and wetlands
creation and restoration project for the purposes of --
(1) restoring and maintaining the physical, chemical, and
biological integrity of Trough Creek, Stroups Run, and the
Raystown Branch of the Juniata River as well as nearby lands;
(2) constructing or restoring wetlands and using other methods
to treat acid mine drainage and other runoff to protect surface
and ground water;
(3) enhancing municipal water supplies in the region; and
(4) developing innovative reclamation technologies, removing
public safety hazards, and developing related recreation
facilities for various environmental restoration and cultural
resource and economic development opportunities.
(b) FEDERAL SHARE. -- The Federal share of the cost of the
activities conducted under the cooperative agreement entered into under
subsection (a) shall be 75 percent.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to carry out this section $5,500,000. Such sums shall
remain available until expended.
SEC. 305. CONSTRUCTION OF BOAT RAMPS AND DOCKS AT J. STROM THURMOND
LAKE, GEORGIA.
Section 1134(e) of the Water Resources Development Act of 1986 (100
Stat. 4251) is amended by inserting "(1)" before "In any case" and by
adding at the end the following new paragraph:
"(2) If a person who purchased property under paragraph (1) for
replacement of property for which a lease held by such a person was
terminated under this section and the property for which the lease was
terminated had a boat ramp or dock, or both, the Secretary shall permit
such person to construct or have constructed a boat ramp or dock, or
both, as the case may be, at the replacement property. A boat ramp or
dock constructed under this paragraph shall be comparable in size and
configuration to, and shall be maintained in accordance with,
regulations issued by the Secretary.".
SEC. 306. WEST VIRGINIA TRAILHEAD FACILITIES.
The Secretary is authorized to conduct a study and develop a plan for
trailhead facilities at the following projects in West Virginia:
(1) Beech Fork Lake.
(2) R.D. Bailey Lake.
(3) East Lynn Lake.
(4) Projects authorized by section 202 of Public Law 96-367.
SEC. 307. WATER QUALITY PROJECTS.
(a) PROJECT DESCRIPTION. -- The Secretary is authorized to design
and construct projects to address water quality problems associated with
storm water discharges from large storm events for the New Orleans,
Louisiana, metropolitan area, from within the Jefferson and Orleans
Parishes from which waters discharge into Lake Pontchartrain and the
Mississippi River; the watershed areas of Onondaga County and Syracuse,
New York, from which waters discharge into Onondaga Lake, New York; the
watershed areas of the Penobscot River in the vicinity of Bangor, Maine,
and the Casco Bay in the vicinity of Portland, Maine; and the watershed
areas of Narragansett Bay in the vicinity of the Providence, Rhode
Island, metropolitan area, including East Providence, Pawtucket, and
Central Falls, Rhode Island.
(b) PROJECT DESIGN. -- The design of projects under subsection (a)
shall ensure the development of effective Federal and non-Federal
actions which will contribute toward compliance with the Federal Water
Pollution Control Act.
(c) COST SHARING. -- Total project costs under subsection (a) shall
be shared at 75 percent Federal and 25 percent non-Federal. The
non-Federal sponsor shall receive credit for lands, easements,
rights-of-way, and relocations toward its share of project costs, but
not to exceed 25 percent of total project costs. Operation and
maintenance cost shall be 100 percent non-Federal.
(d) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated $70,000,000 to carry out this section. Such sums shall
remain available until expended.
SEC. 308. BALTIMORE HARBOR, MARYLAND.
(a) ANALYTICAL PROCEDURES. --
(1) STUDY. -- The Secretary shall conduct a study of Baltimore
Harbor, Maryland, for the purpose of developing analytical
procedures and criteria for contaminated dredged material in order
to distinguish those materials which should in containment sites
from those materials which could be used in beneficial projects
(such as beach nourishment, shoreline erosion control, island
reclamation, and wetlands creation) or which could be placed in
open waters without being chemically altered.
(2) REPORT. -- Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on the results of the study conducted under this
subsection.
(b) DECONTAMINATION STUDY. --
(1) STUDY. -- The Secretary shall conduct a study of Baltimore
Harbor, Maryland, for the purpose of determining the feasibility
and necessity of decontaminating dredged materials and the
feasibility of dewatering and recycling dredged materials for use
as marketable products. In conducting the study, the Secretary
shall consider requirements and locations for a processing or
staging area, evaluate the marketability of potential products,
and assess financial costs.
(2) REPORT. -- Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on the results of the study conducted under this
subsection.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated $1,000,000 to carry out this section. Such sums shall
remain available until expended.
SEC. 309. ADDITIONAL STUDIES.
(a) OHIO RIVER AND TRIBUTARIES. --
(1) STUDY. -- The Secretary shall review the report of the
Chief of Engineers on the Ohio River and Tributaries, published as
House Document 306, 74th Congress, 1st Session, and other
pertinent reports to determine whether modifications of the
recommendations contained in such report are advisable at the
present time, with particular reference to improvements for water
and related land resource needs, including abatement of acid mine
drainage in Wheeling Creek, Glenns Run, Little Short Creek, and
Yellow Creek in Belmont and Jefferson Counties, Ohio.
(2) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to
be appropriated to carry out this subsection $500,000 for fiscal
years beginning after September 30, 1992. Such sums shall remain
available until expended.
(b) COASTAL PROTECTION STUDY. --
(1) STUDY. -- The Secretary shall conduct a study of the
economic benefits of Federal and significant non-Federal shore
protection activities in the Mid-Atlantic region from New York to
Virginia. In conducting such study, the Secretary shall assess --
(A) the public investment in such activities;
(B) damage incurred by such shore protection activities by
coastal storms of October 1991 and January 1992;
(C) the prevention of damage by coastal storms of October 1991
and January 1992 to coastal and upland resources, including public
and private properties and other economic activities, as a result
of such shore protection activities; and
(D) the extent to which the prevention of damage to coastal and
upland resources, including public and private properties and
other economic activities, is considered in benefit-cost ratios
for shore protection activities.
(2) REPORT. -- Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to the
Committee on Environment and Public Works of the Senate and the
Committee on Public Works and Transportation of the House of
Representatives a report containing the findings of the Secretary
with respect to the study conducted under this subsection.
(c) HARRISON COUNTY, MISSISSIPPI. --
(1) STUDY. -- The Secretary is authorized to enter into a
memorandum of understanding with the Secretary of Agriculture for
the purpose of studying problems associated with flooding in
Harrison County, Mississippi. Under the memorandum of
understanding, the Secretary and the Secretary of Agriculture will
jointly conduct a reconnaissance study of Harrison County,
Mississippi, and the following bodies of water and associated
watersheds:
(A) Wolf River.
(B) Big Biloxi River.
(C) Little Biloxi River.
(D) Turkey Creek.
(E) Saucier Creek.
(F) Hog Branch Creek.
(G) Flat Branch Creek.
(H) Tuxachanie Creek.
(I) Tchoutacabouffa River.
(2) CONTENTS. -- The reconnaissance study to be conducted
under paragraph (1) shall include the following:
(A) REVIEW OF RELEVANT REPORTS. -- A review of relevant
reports of the Chief of Engineers and other reports which the
Secretary of Agriculture and the Secretary, in consultation with
the Chief of Engineers, determine to be appropriate.
(B) PLAN FOR IMPLEMENTATION. -- The development of a plan to
implement measures to address the problems associated with
flooding identified in the study, including measures for the
development, use, and conservation of water resources in the
geographic areas that are the subject of the study. The
development of the plan shall include, to the extent practical, an
evaluation of alternative measures.
(C) COST ESTIMATE. -- A cost estimate for each measure
described in subparagraph (B).
(3) REPORT. -- Not later than 1 year after the date of the
enactment of this Act, the Secretary and the Secretary of
Agriculture shall jointly transmit to Congress a written report
that includes --
(A) findings on the study conducted under paragraph (1);
(B) a reasonable schedule for the implementation of the
measures described in the plan developed under paragraph (2)(B);
and
(C) a cost estimate determined in accordance with paragraph
(2)(C) for the implementation of the plan developed under
paragraph (2)(B).
(d) REYNOLDS CHANNEL. --
(1) STUDY. -- The Secretary is authorized to conduct a study
on the need for navigation improvements in Reynolds Channel and
the connecting State Boat Channel between Captree Island and Oak
Beach.
(2) REPORT. -- Not later than 12 months after the date of the
enactment of this Act, the Secretary shall transmit to the
Committee on Environment and Public Works of the Senate and the
Committee on Public Works and Transportation of the House of
Representatives a report on the results of the study conducted
under this subsection.
(e) ORCHARD BEACH, BRONX, NEW YORK. --
(1) REVIEW. -- The Secretary is authorized to review the
reports of the Chief of Engineers and other pertinent documents
pertaining to Orchard Beach, Bronx, New York, and to make
appropriate recommendations concerning storm damage prevention,
recreation, environmental restoration, and other purposes.
(2) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to
be appropriated to carry out this subsection $400,000 for fiscal
years beginning after September 30, 1992. Such sums shall remain
available until expended.
(f) EAST RIVER, NEW YORK. --
(1) STUDY. -- The Secretary is authorized to conduct a study
on the need for erosion protection along the East River, New York,
in the vicinity of Brooklyn, Queens, and Manhattan with a view
toward mitigating the deleterious effects of drift removal on
protecting the adjacent shoreline from erosion.
(2) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to
be appropriated to carry out this subsection $500,000 for fiscal
years beginning after September 30, 1992. Such sums shall remain
available until expended.
(g) LAKE CHAMPLAIN AND THE NARROWS OF LAKE CHAMPLAIN, VERMONT. --
(1) STUDY. -- The Secretary is authorized to conduct a
reconnaissance and feasibility study of remediation of
contaminated sediments in Lake Champlain and the Narrows of Lake
Champlain, Vermont. Such activities shall be coordinated with the
State of Vermont and the Water Resources Research Center at the
University of Vermont.
(2) FUNDING. -- Funds previously expended by the State of
Vermont and the Water Resources Research Institute at the
University of Vermont in investigating sediment contamination
shall be considered toward any joint funding requirement relating
to the study to be conducted under this subsection.
(h) LAKE CHAMPLAIN, VERMONT. -- The Secretary is authorized to
conduct a reconnaissance and feasibility study of providing additional
boat access points on Lake Champlain, Vermont.
(i) MONTPELIER, VERMONT. -- The Secretary is authorized to conduct a
reconnaissance and feasibility study on providing additional flood
protection for Montpelier, Vermont.
(j) NEW ENGLAND COASTAL DREDGED MATERIAL. --
(1) EVALUATION. -- The Secretary shall conduct an evaluation
of long-term coastal dredged material disposal needs along the
Maine and New Hampshire coasts. Beginning in 1995, any dredged
material resulting from a project proposed as a result of this
study shall be disposed of at a site which is permanently
designated by the Environmental Protection Agency pursuant to
title I of the Marine Protection, Research, and Sanctuaries Act of
1972.
(2) FUNDING. -- $500,000 is authorized under General
Investigations to conduct the study under this subsection, which
will take into account the 2 States' dredged material disposal
needs.
(k) ST. JOHN'S RIVER CHANNEL, FLORIDA. -- In studying the
feasibility of Federal improvements to the St. John's River Channel,
Florida, the Secretary shall examine the commercial and military uses of
the channel in those areas traversed by both military and commercial
vessels and shall coordinate the efforts of the Secretary with the
Secretary of the Navy to utilize available studies and resources which
project future military dredging needs in the St. John's River Channel.
(l) CENTRAL AND SOUTHERN FLORIDA. -- The Chief of Engineers shall
review the report of the Chief of Engineers on central and southern
Florida, published as House Document 643, 80th Congress, 2d Session, and
other pertinent reports, with a view to determining whether
modifications to the existing project are advisable at the present time
due to significantly changed physical, biological, demographic, or
economic conditions, with particular reference to modifying the project
or its operation for improving the quality of the environment, improving
protection of the aquifer, and improving the integrity, capability, and
conservation of urban water supplies affected by the project or its
operation.
SEC. 310. REND LAKE, ILLINOIS.
(a) STUDY. -- The Secretary shall conduct a study on whether or not
to relieve the State of Illinois of the requirement to make annual
payments for unused water supply storage in Rend Lake on the Big Muddy
River in Illinois.
(b) REPORT. -- The Secretary shall transmit to Congress a report on
the results of the study conducted under subsection (a), together with
recommendations for any conditions which the Secretary considers to be
appropriate if the State of Illinois is to be relieved of the
requirement to make the annual payments referred to in subsection (a).
(c) INTERIM PAYMENTS. -- Until 6 months after the date on which the
Secretary transmits to Congress the report under subsection (b), the
State of Illinois shall not be required to make any payments under its
contract with the United States for use of storage space for water
supply in Rend Lake on the Big Muddy River in Illinois.
SEC. 311. PORTUGUESE AND BUCANA RIVERS, PUERTO RICO.
Section 31 of the Water Resources Development Act of 1988 (102 Stat.
4030) is amended by striking "temporarily residing and".
SEC. 312. LITTLE GOOSE AND LOWER GRANITE, WASHINGTON.
(a) MEASURES. -- The Secretary is directed to undertake such
measures as are necessary to compensate for damages caused to public and
private property by the drawdown undertaken in March 1992 by the United
States Army Corps of Engineers at the Little Goose and Lower Granite
projects in Washington. The costs of such measures shall be considered
project costs and shall be allocated in accordance with existing cost
allocations for the Little Goose and Lower Granite projects.
(b) AUTHORIZATION OF APPROPRIATIONS. -- In addition to amounts
previously appropriated, there is authorized to be appropriated to carry
out this section $8,000,000. Such sums shall remain available until
expended.
SEC. 313. SOUTH CENTRAL PENNSYLVANIA ENVIRONMENTAL RESTORATION
INFRASTRUCTURE AND RESOURCE PROTECTION DEVELOPMENT PILOT PROGRAM.
(a) ESTABLISHMENT OF PROGRAM. -- The Secretary shall establish a
pilot program for providing environmental assistance to non-Federal
interests in south central Pennsylvania. Such assistance may be in the
form of design and construction assistance for water-related
environmental infrastructure and resource protection and development
projects in south central Pennsylvania, including projects for waste
water treatment and related facilities, water supply, storage,
treatment, and distribution facilities, and surface water resource
protection and development.
(b) PUBLIC OWNERSHIP REQUIREMENT. -- The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(c) CONSULTATION WITH SARCD COUNCIL. -- In carrying out this
section, the Secretary shall consult the SARCD Council.
(d) LOCAL COOPERATION AGREEMENTS. --
(1) IN GENERAL. -- Before providing assistance under this Act,
the Secretary shall enter into a local cooperation agreement with
a non-Federal interest to provide for design and construction of
the project to be carried out with such assistance.
(2) REQUIREMENTS. -- Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) PLAN. -- Development by the Secretary, in consultation
with the SARCD Council and other appropriate Federal and State
officials, of a facilities or resource protection and development
plan, including appropriate engineering plans and specifications.
(B) LEGAL AND INSTITUTIONAL STRUCTURES. -- Establishment of
each such legal and institutional structures as are necessary to
assure the effective long-term operation of the project by the
non-Federal interest.
(3) COST-SHARING. -- Total project costs under each local
cooperation agreement entered into under this subsection shall be
shared at 75 percent Federal and 25 percent non-Federal. The
non-Federal interest shall receive credit for lands, easements,
rights-of-way, and relocations toward its share of project costs
but not to exceed 25 percent of total project costs. Operation
and maintenance costs shall be 100 percent non-Federal.
(e) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS. -- Nothing in
this section shall be construed as waiving, limiting, or otherwise
affecting the applicability of any provision of Federal or State law
which would otherwise apply to a project to be carried out with
assistance provided under this section.
(f) REPORT. -- Not later than December 31, 1998, the Secretary shall
transmit to Congress a report on the results of the pilot program
carried out under this section, together with recommendations concerning
whether or not such program should be implemented on a national basis.
(g) AUTHORIZATION AND ALLOCATION OF APPROPRIATIONS. --
(1) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to
be appropriated to carry out this section $17,000,000 for fiscal
years beginning after September 30, 1992. Such sums shall remain
available until expended.
(2) ALLOCATION. -- Funds appropriated to carry out this
section for each of fiscal years 1993 through 1998 shall be
expended as follows: 50 percent for providing assistance in the
Chesapeake Bay watershed area of south central Pennsylvania and 50
percent for providing assistance in the Ohio River watershed area
of south central Pennsylvania.
(3) TRANSFERS. -- The Secretary may expend up to 20 percent of
the amounts required to be expended under paragraph (2) for
providing assistance in a watershed area for providing assistance
in the other watershed area referred to in paragraph (2); except
that the aggregate amount expended for providing assistance in the
Chesapeake Bay watershed area for fiscal years 1993 through 1998
shall be 50 percent of the aggregate of the funds appropriated to
carry out this section for such fiscal years.
(h) DEFINITIONS. -- For purposes of this section, the following
definitions apply:
(1) SARCD COUNCIL. -- The term "SARCD Council" means the
Southern Allegheny Resource Conservation and Development Council.
(2) SOUTH CENTRAL PENNSYLVANIA. -- The term "south central
Pennsylvania" means Bedford, Blair, Cambria, Fulton, Huntingdon,
and Somerset Counties, Pennsylvania.
SEC. 314. ILLINOIS AND MICHIGAN CANAL.
(a) IN GENERAL. -- The Secretary is authorized to make capital
improvements to the Illinois and Michigan Canal.
(b) AGREEMENTS. -- The Secretary shall, with the consent of
appropriate local and State entities, enter into such arrangements,
contracts, and leases with public and private entities as may be
necessary for the purposes of rehabilitation, renovation, preservation,
and maintenance of the Illinois and Michigan Canal and its related
facilities, including trailside facilities for recreational use
connecting the waterways referred to in subsection (c).
(c) ILLINOIS AND MICHIGAN CANAL DEFINED. -- For the purpose of this
section, the "Illinois and Michigan Canal" consists of the following
existing waterways: the Chicago River from and including its mouth at
Navy Pier through and including its south branch; the Chicago Sanitary
and Ship Canal; and the entire length of those waterways designated as
the Illinois and Michigan Heritage Canal between Chicago, Illinois, and
LaSalle/Peru, Illinois.
(d) FEDERAL SHARE. -- The Federal share of the cost of capital
improvements under this section shall be 50 percent.
SEC. 315. VIRGINIA BEACH, VIRGINIA, TECHNICAL AMENDMENTS.
Section 407(a) of the Water Resources Development Act of 1990 (104
Stat. 4647) is amended --
(1) by striking "145" and inserting "156"; and
(2) by striking "33 U.S.C. 426j" and inserting "42 U.S.C.
1962d-5f".
SEC. 316. TRANSFER FACILITY FOR BENEFICIAL USES OF DREDGED MATERIAL,
SAN FRANCISCO BAY.
(a) STUDY. -- The Secretary shall study the feasibility of
establishing a transfer facility at the Leonard Ranch property owned by
the Sonoma Land Trust and adjacent to Port Sonoma-Marin, California, for
the drying and rehandling of dredged material from San Francisco Bay
which is to be transported to an upland site for beneficial uses,
including lining, capping, and cover material for sanitary landfills,
levee maintenance, and restoration of subsided agricultural lands.
(b) REPORT. -- Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report on the
results of the study conducted under subsection (a).
SEC. 317. PIKEVILLE LAKE, KENTUCKY.
(a) PLAN. -- Subject to the provisions of section 1135 of the Water
Resources Development Act of 1986, the Secretary is directed to develop
and implement a plan for modifying the channel bypass element of the
Levisa Fork, Kentucky, project for the purpose of water quality
improvement in and restoration of Pikeville Lake, Kentucky, including
lake restoration, elimination of stagnant water, and other measures
necessary for water quality improvement.
(b) CONTENTS. -- Subject to approval of final plans by the
Secretary, the plan to be developed and implemented under subsection (a)
shall include design and construction of a sewage collection system and
related infrastructure, lake restoration (including elimination of
stagnant water), and other measures necessary for water quality
improvement.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 318. RAYSTOWN LAKE, PENNSYLVANIA.
The Secretary shall undertake a revision of the master plan for the
Raystown Lake project, Pennsylvania, and submit to Congress for approval
any proposed changes that significantly change uses of the Lake, the
surrounding land resources, or any facilities located thereon. As part
of the revision, the Secretary shall evaluate opportunities for
development of portions of the Lake and adjacent lands by private
parties. Pending submission to and approval by the Congress of the
results of the revision, the Secretary may not make any significant land
use changes at the project.
SEC. 319. SANTA ROSA PLAIN, CALIFORNIA.
The Secretary may study the feasibility of developing and preserving
seasonal wetlands on the Santa Rosa plain in California and may provide
technical assistance to the Sonoma County Vernal Pool Task Force in
developing a plan for the development and preservation of such wetlands.
SEC. 320. KLAMATH GLEN LEVEE, CALIFORNIA.
The Secretary shall determine whether or not a design deficiency
exists at the Klamath Glen levee at the confluence of Klamath River and
Tewer Creek in Del Norte County, California, that is resulting in
erosion at the toe of the levee. If the Secretary determines that such
a deficiency does exist, the Secretary shall take such actions as may be
necessary to correct the deficiency.
SEC. 321. PHOENIX, ARIZONA.
The Secretary may participate in the study and construction of a
water resources project in the vicinity of Phoenix, Arizona, for the
purpose of providing flood control and improving water quality in the
Tres Rios wetlands, Arizona, at a total cost of $6,500,000.
SEC. 322. WATER SUPPLY NEEDS OF MAHONING VALLEY SANITARY DISTRICT,
OHIO.
The Secretary shall cooperate with State and local officials in
reviewing the water supply needs of the Mahoning Valley Sanitary
District, Ohio. As part of such review, the Secretary shall conduct a
study of current and future water allocations at Lake Milton and Neander
and Berlin Reservoirs, Ohio.
SEC. 323. SAULT SAINTE MARIE, MICHIGAN.
Section 202 of the Water Resources Development Act of 1990 (104 Stat.
4632) is amended by striking "the parcel of land" and all that follows
through the period at the end and inserting the following: "for use as
a clubhouse for the local American Legion Post of Sault Sainte Marie,
Michigan, the parcel of land, with a building located thereon, lying in
the north one-half of fractional Section 5, T47N, R1E, Michigan
Meridian, city of Sault Sainte Marie, Chippewa County, Michigan,
commencing at the northeast corner of Lot 561 of Assessors Subdivision
No. 13, city of Sault Ste. Marie, Chippewa County, Michigan; thence
North 24 degrees 01 minutes 00 seconds East, 128.20 feet to the point of
beginning; thence North 65 degrees 59 minutes 00 seconds West, 77.30
feet; thence North 08 degrees 04 minutes 00 seconds East, 152.00 feet;
thence North 30 degrees 02 minutes 00 seconds East, 40.80 feet; thence
North 59 degrees 46 minutes 00 seconds East, 72.75 feet; thence South
65 degrees 59 minutes 00 seconds East, 72.30 feet; thence South 24
degrees 01 minutes 00 seconds West, 245.80 feet to the point of
beginning, containing 0.565 acre more or less.".
SEC. 324. HACKENSACK MEADOWLANDS AREA, NEW JERSEY.
(a) IN GENERAL. -- The Secretary is authorized to provide design and
construction assistance to the Hackensack Meadowlands Development
Commission of the State of New Jersey for the development of the Phase I
Environmental Improvement Program of the Special Area Management Plan
for the Hackensack Meadowlands area, New Jersey.
(b) REQUIRED ELEMENTS. -- The program to be developed under
subsection (a) shall include at a minimum the following areas:
(1) Mitigation and enhancement for significant wetlands that
contribute to the Meadowlands ecosystem.
(2) Development and implementation of a regional system to
protect, preserve, and monitor wetlands.
(3) Water quality monitoring.
(4) Watershed cleanup at Bellmans and Penhorn Creeks.
(5) Storm water management research and demonstration.
(6) Tide gate improvement and reconstruction to control
flooding in the Berry's Creek drainage basin.
(7) Research and development for a water quality improvement
program.
(c) COST SHARING. -- Total project costs under subsection (a) shall
be shared at 75 percent Federal and 25 percent non-Federal. The
non-Federal sponsor shall receive credit for lands, easements,
rights-of-way, and relocations toward its share of project costs, but
not to exceed 25 percent of total project costs. Operation and
maintenance cost shall be 100 percent non-Federal.
(d) AUTHORIZATION OF APPROPRIATION. -- There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal years
beginning after September 30, 1992. Such sums shall remain available
until expended.
SEC. 325. LAND EXCHANGE, ALLATOONA LAKE, GEORGIA.
(a) IN GENERAL. -- The Secretary may initiate a program to exchange
lands above 863 feet in elevation which are excess to the operational
needs of Allatoona Lake, Georgia, for lands on the north side of
Allatoona Lake which are needed for wildlife management and for
protection of the water quality and overall enviroment of Allatoona
Lake.
(b) TERMS AND CONDITIONS. -- Land exchanges under the program to be
conducted under subsection (a) shall be subject to the following terms
and conditions:
(1) Lands acquired under the program must be contiguous to the
lands in Federal Government ownership on the date of the enactment
of this Act.
(2) Lands acquired under the program shall be from willing
sellers only.
(3) The basis for all land exchanges under the program shall be
a fair market appraisal so that lands exchanged are of equal
value.
SEC. 326. "33 USC 2267 note" NEW YORK BIGHT AND HARBOR STUDY.
(a) IN GENERAL. -- As a continuation of the study pursuant to
section 728 of the Water Resources Development Act of 1986, the
Secretary shall study a hydro-environmental monitoring and information
system in the New York Bight and New York Harbor and tributaries to the
head of tide, in the form of a system using computerized buoys and radio
telemetry that allows for the continual monitoring (at strategically
located sites throughout the New York Bight and Harbor region) of the
following: wind, wave, current, salinity, and thermal gradients and sea
chemistry, in order to measure the effect of changes due to air and
water pollution, including changes due to continued dumping in the
Bight. This effort will include the study of a verified, nested,
high-resolution Harbor/Bight Apex numerical model, and supportive
monitoring and information systems.
(b) HYDRAULIC MODEL. -- In addition, the Secretary shall study a
proper physical hydraulic model of the New York Bight and the tying in
of such model to the existing inshore physical hydraulic model of the
Port of New York and New Jersey operated by the United States Army Corps
of Engineers.
(c) PURPOSE. -- This New York Bight and Harbor effort will address
the engineering, environmental, and social impacts of natural and
man-made changes to the New York Bight, including water quality
parameters such as contaminant and sediment transport effects, and
nutrient eutrophication.
(d) COORDINATION WITH EPA; REPORTS. -- The Secretary shall
coordinate fully with the Administrator of the Environmental Protection
Agency in carrying out the study described in the section and shall
report any findings and recommendations to Congress. The Secretary and
the Administrator shall also consider the views of other appropriate
Federal, State, and local agencies, academic institutions, and members
of the public who are concerned about water and sediment quality in the
New York Bight and Harbor region.
(e) REMEDIATION TECHNIQUES. --
(1) IN GENERAL. -- To test and verify contaminant and sediment
tracking ability of the models, and to reduce the problems
associated with the dredging and disposal of dioxin contaminated
sediments in the region, a study shall be performed to identify
appropriate remediation techniques (including isolation and
treatment) for mitigating dioxin contaminated sediments at their
sources. The study and report are not intended to encumber civil
works projects under development or scheduled to be maintained.
Work on these projects shall proceed along the present schedule.
(2) REPORT. -- Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate, the Committee on
Public Works and Transportation of the House of Representatives,
and to the State of New Jersey a report on --
(A) the dioxin study and monitoring required in this
subsection; and
(B) the effectiveness and costs of all reasonable remediation
measures, including recommendations as to a plan for
implementation of the most time and cost-effective measures.
(f) FUNDING. -- There is authorized to be appropriated $1,000,000
for fiscal years beginning after September 30, 1992. Such sums shall
remain available until expended.
SEC. 327. "33 USC 1271 note" AVAILABILITY OF CONTAMINATED SEDIMENTS
INFORMATION.
(a) STUDY. -- The Secretary shall --
(1) conduct a national study on information that is currently
available on contaminated sediments of the surface waters of the
United States; and
(2) compile information obtained in such study for the purpose
of identifying the location and nature of contaminated sediments
in the Nation.
(b) REPORT. -- Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to the Committee on Public
Works and Transportation of the House of Representatives and the
Committee on Environment and Public Works of the Senate a report on the
results of the study conducted under subsection (a), including
recommendations for the collection of additional data on the
contaminated sediments and including the compilation of information
referred to in subsection (a).
SEC. 328. MILWAUKEE HARBOR, WISCONSIN.
(a) IN GENERAL. -- The Secretary is authorized to cooperate with
non-Federal interests in the completion of a study on contaminated
sediments in Milwaukee Harbor, Wisconsin, and surrounding areas.
(b) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to carry out this section $200,000 for fiscal years
beginning after September 30, 1992. Such sums shall remain available
until expended.
SEC. 329. ARTHUR KILL, NEW YORK AND NEW JERSEY.
The Secretary shall complete planning and design of the project for
navigation, Arthur Kill, New York and New Jersey, authorized by section
202(b) of the Water Resources Development Act of 1986 (100 Stat. 4098)
after the Secretary has entered into appropriate agreements with
non-Federal interests for completion of such planning and design.
SEC. 330. "26 USC 9505 note" HARBOR MAINTENANCE TRUST FUND DEPOSITS
AND EXPENDITURES.
(a) REPORT. -- Not later than March 1, 1993, and annually
thereafter, the President shall transmit to the Committee on Public
Works and Transportation of the House of Representatives and the
Committee on Environment and Public Works of the Senate a report on
expenditures from and deposits into the Harbor Maintenance Trust Fund.
(b) CONTENTS. --
(1) IN GENERAL. -- Each report to be transmitted under
subsection (a) shall contain the following:
(A) A description of expenditures made from the trust fund in
the previous fiscal year on a project-by-project basis.
(B) description of deposits made into the trust fund in the
previous fiscal year and the sources of such deposits.
(C) A 5-year projection of expenditures from and deposits into
the trust fund.
(2) PREVIOUS YEARS INFORMATION. -- In addition to information
required under paragraph (1), the initial report to be transmitted
under subsection (a) shall contain the information described in
subparagraphs (A) and (B) of paragraph (1) for fiscal years 1987
through 1992.
SEC. 331. CONEMAUGH RIVER BASIN, PENNSYLVANIA.
The Secretary, in cooperation with Federal, State, and local
agencies, is authorized --
(1) to conduct investigations and surveys of the watersheds of
the rivers in the Conemaugh River Basin, Pennsylvania; and
(2) to develop and implement restoration projects for abatement
and mitigation of surface water quality degradation caused by
abandoned mines and mining activity in such basin.
SEC. 332. TRANSFER OF LOCKS AND APPURTENANT FEATURES, FOX RIVER
SYSTEM, WISCONSIN.
(a) TRANSFER. -- The Secretary is authorized to transfer to the
State of Wisconsin the locks and appurtenant features of the navigation
portion of the Fox River System, Wisconsin, extending from Green Bay,
Wisconsin, to Lake Winnebago, Wisconsin, subject to the execution of an
agreement by the Secretary and the State of Wisconsin which specifies
the terms and conditions for such transfer.
(b) TREATMENT OF LOCKS AND APPURTENANT FEATURES. -- The locks and
appurtenant features to be transferred under subsection (a) shall not be
treated as part of any Federal project after the effective date of the
transfer.
(c) OPERATION AND MAINTENANCE. -- Operation and maintenance of all
features of the Fox River System, Wisconsin, other than the locks and
appurtenant features to be transferred under subsection (a), shall
continue to be a Federal responsibility after the effective date of the
transfer under subsection (a).
SEC. 333. FISH AND WILDLIFE MITIGATION.
(a) LANDS, EASEMENTS, RIGHTS-OF-WAY, AND RELOCATIONS. -- Section
906(c) of the Water Resources Development Act of 1986 (33 U.S.C.
2283(c)) is amended by inserting ", including lands, easements,
rights-of-way, and relocations," before "for implementation and
operation".
(b) CONFORMING AMENDMENTS. --
(1) HARBORS. -- Section 101(a)(3) of such Act (33 U.S.C.
2211(a)(3)) is amended by striking "The non-Federal" and inserting
"Except as provided under section 906(c), the non-Federal".
(2) FLOOD CONTROL AND OTHER PURPOSES. -- Section 103(i) of
such Act (33 U.S.C. 2213(i)) is amended by striking "The
non-Federal" and inserting "Except as provided under section
906(c), the non-Federal".
SEC. 334. CHESAPEAKE BAY BENEFICIAL USE SITE MANAGEMENT.
(a) STUDY. -- The Secretary is authorized to conduct a study on
environmentally beneficial ways to expand or supplement existing
placement options and sites serving channel dredging operations of the
Port of Baltimore. Such study shall enhance an ongoing long-term
management study for the Chesapeake Bay area being conducted by the
State of Maryland and the Secretary.
(b) CONDUCT. -- In conducting the study under subsection (a), the
Secretary shall --
(1) in coordination with Federal agencies and the Maryland Port
Administration, demonstrate beneficial uses of dredged materials
to enhance public recreational opportunities, increase living
resource habitats, and enhance the environmental quality of the
Chesapeake Bay;
(2) identify areas for beneficial use placement of dredged
materials to enable the Port of Baltimore to continue maintenance
dredging until a long-term management study recommends viable
alternatives; and
(3) develop options for beneficial use placement of dredged
materials for each site identified under pagagraph (2).
(c) REPORT. -- Not later than 18 months after the date of the
enactment of this Act, the Secretary shall transmit to the Committee on
Public Works and Transportation of the House of Representatives and the
Committee on Environment and Public Works of the Senate a report on the
results of the study conducted under subsection (a).
(d) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to carry out this section $3,000,000 for fiscal years
beginning after September 30, 1992. Such sums shall remain available
until expended.
SEC. 335. "33 USC 59gg" DECLARATION OF NONNAVIGABILITY FOR PORTIONS
OF CUYAHOGA COUNTY, OHIO.
(a) AREA TO BE DECLARED NONNAVIGABLE; PUBLIC INTEREST. -- Unless
the Secretary finds, after consultation with local and regional public
officials (including local and regional public planning organizations),
that the proposed projects to be undertaken within the boundaries in the
portions of the county of Cuyahoga, Ohio, described as follows, are not
in the public interest then, subject to subsections (b) and (c), those
portions of such county, bounded and described as follows, are declared
to be nonnavigable waters of the United States:
Situated in the city of Cleveland, county of Cuyahoga, and
State of Ohio, T7N, R13W, and known as being a part of original
two acre lots numbers 16, 17, 18, 19, and 20 and the northerly
extensions thereof, and being more fully described as follows:
Beginning at the intersection of the centerline of East 9th
Street (99 feet wide) with the centerline of Relocated Erieside
Avenue, N.E. (70 feet wide); thence south 56 degrees 06 minutes
52 seconds west on the centerline of Relocated Erieside Avenue,
N.E., a distance of 112.89 feet to a point; thence north 33
degrees 53 minutes 08 seconds west a distance of 35.00 feet to a
5/8-inch rebar on the northwesterly right-of-way line of Relocated
Erieside Avenue, N.E.; thence southwesterly on the northwesterly
right-of-way line of Relocated Erieside Avenue, N.E., along the
arc of a curve to the left, with a radius of 335.00 feet and whose
chord bears south 42 degrees 36 minutes 52 seconds west 156.41
feet, an arc distance of 157.87 feet to a 5/8-inch rebar; thence
south 29 degrees 06 minutes 52 seconds west on the northwesterly
right-of-way line of Relocated Erieside Avenue, N.E., a distance
of 119.39 feet to a 5/8-inch rebar; thence southwesterly on the
northwesterly right-of-way line of Relocated Erieside Avenue,
N.E., along the arc of a curve to the right, with a radius of
665.00 feet and whose chord bears south 39 degrees, 49 minutes 33
seconds west 247.19 feet, an arc distance of 248.64 feet to a
5/8-inch rebar and the true place of beginning of the parcel
herein described; thence southwesterly on the northwesterly
right-of-way line of Relocated Erieside Avenue, N.E., along the
arc of a curve to the right, with a radius of 665.00 feet and
whose chord bears south 53 degrees, 17 minutes 33 seconds west
64.05 feet, an arc distance of 64.08 feet to a 5/8-rebar set;
thence south 56 degrees 03 minutes 30 seconds west on the
northwesterly right-of-way line of Relocated Erieside Avenue,
N.E., a distance of 248.38 feet to a 5/8-rebar set; thence
northwesterly on the northeasterly right-of-way line of Relocated
Erieside Avenue, N.E., along the arc of a curve to the right, with
a radius of 265.00 feet and whose chord bears north 79 degrees 02
minutes 42 seconds west 374.09 feet, an arc distance of 415.31
feet to a drill hole set; thence north 34 degrees 08 minutes 55
seconds west on the northeasterly right-of-way line of Relocated
Erieside Avenue, N.E., a distance of 505.30 feet to a 5/8-inch
rebar set; thence northwesterly on the northeasterly right-of-way
line of Relocated Erieside Avenue, N.E., along the arc of a curve
to the left, with a radius of 112.00 feet and whose chord bears
north 40 degrees 32 minutes 41 seconds west 24.95 feet, an arc
distance of 25.01 feet to a drill hole set on the southerly
right-of-way line of former Erieside Avenue, as vacated by city of
Cleveland Ordinance No. 1100-87, passed June 16, 1987; thence
northeasterly on the former right-of-way line along the arc of a
curve to the right, with a radius of 515.00 feet and whose chord
bears north 75 degrees 36 minutes 18 seconds east 136.45 feet, an
arc distance of 136.85 feet to a 5/8-inch rebar set; thence north
86 degrees 13 minutes 04 seconds east on said former right-of-way
line a distance of 294.57 feet to a 5/8-inch rebar set; thence
north 52 dgrees 57 minutes 23 seconds east on said former
right-of-way line a distance of 56.98 feet to a 5/8-inch rebar
set; thence south 33 degrees 53 minutes 08 seconds east a
distance of 244.65 feet to a 5/8-inch rebar set; thence south 78
degrees 53 minutes 08 seconds east a distance of 105.04 feet to a
5/8-inch rebar set; thence north 56 degrees 06 minutes 52 seconds
east a distance of 70.75 feet to a 5/8-inch rebar set; thence
south 33 degrees 53 minutes 08 seconds east a distance of 274.74
feet to the true place of beginning containing 325,706 square feet
(7.477 acres) more or less.
(b) LIMITS ON APPLICABILITY; REGULATORY REQUIREMENTS. -- The
declaration under subsection (a) shall apply to those parts of the areas
described in subsection (a) which are or will be bulkheaded and filled
or otherwise occupied by permanent structures, including marina
facilities. All such work is subject to all applicable Federal statutes
and regulations, including sections 9 and 10 of the Act of March 3, 1899
(30 Stat. 1151; 33 U.S.C. 401 and 403), commonly known as the River and
Harbor Appropriation Act of 1899, section 404 of the Federal Water
Pollution Control Act, and the National Environmental Policy Act of
1969.
(c) EXPIRATION DATE. -- If, 20 years from the date of the enactment
of this Act, any area or part thereof described in subsection (a) is not
bulkheaded or filled or occupied by permanent structures, including
marina facilities, in accordance with the requirements set forth in
subsection (b), or if work in connection with any activity permitted in
subsection (b) is not commenced within 5 years after issuance of such
permits, then the declaration of nonnavigability for such area or part
thereof shall expire.
SEC. 336. LOCKWOODS FOLLY RIVER, BRUNSWICK COUNTY, NORTH CAROLINA.
(a) IN GENERAL. -- The Secretary shall carry out an exchange rate
demonstration project under section 1135 of the Water Resources
Development Act of 1986 (100 Stat. 4251) at the Eastern Channel of the
Lockwoods Folly River, Brunswick County, North Carolina.
(b) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to carry out this section $1,000,000 for fiscal years
beginning after September 30, 1992. Such sums shall remain available
until expended.
SEC. 337. PORT EVERGLADES, FLORIDA.
(a) DETERMINATION. -- The Secretary shall review the construction
performed by non-Federal interests at the project for navigation, Port
Everglades, Florida, to determine the Federal navigation interest in
such work.
(b) REIMBURSEMENT. -- If the Secretary determines under subsection
(a) that the work performed by non-Federal interests is consistent with
the Federal navigation interest, the Secretary may reimburse non-Federal
interests an amount equal to the estimate of the Federal share of the
cost of construction of the Southport channel and turning notch at Port
Everglades, Florida.
SEC. 338. 1993 WORLD UNIVERSITY GAMES.
The Secretary is authorized to use available resources (both
personnel and material) to the greatest extent possible to support the
logistical and minor construction needs of the local organizing
committee of the 1993 World University Games in Western New York for the
purpose of supplementing the involvement by the Secretary in the games
requested by the Department of Defense, Office of Special Events
Management.
SEC. 339. NUISANCE AQUATIC VEGETATION IN LAKE GASTON, VIRGINIA AND
NORTH CAROLINA.
(a) IN GENERAL. -- The Secretary is authorized to undertake a program
to control nuisance aquatic vegetation for the purpose of preserving the
recreational uses of the waters of Lake Gaston, Virginia and North
Carolina.
(b) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated for the Federal share of the cost of the program authorized
by this section $200,000 per fiscal year for each of fiscal years 1993
and 1994.
SEC. 340. SOUTHERN WEST VIRGINIA ENVIRONMENTAL RESTORATION
INFRASTRUCTURE AND RESOURCE PROTECTION DEVELOPMENT PILOT PROGRAM.
(a) ESTABLISHMENT OF PROGRAM. -- The Secretary shall establish a
pilot program for providing environmental assistance to non-Federal
interests in southern West Virginia. Such assistance may be in the form
of design and construction assistance for water-related environmental
infrastructure and resource protection and development projects in
southern West Virginia, including projects for waste water treatment and
related facilities, water supply, storage, treatment, and distribution
facilities, and surface water resource protection and development.
(b) PUBLIC OWNERSHIP REQUIREMENT. -- The Secretary may provide
assitance for a project under this section only if the project is
publicly owned.
(c) LOCAL COOPERATION AGREEMENTS. --
(1) IN GENERAL. -- Before providing assistance under this Act,
the Secretary shall enter into a local cooperation agreement with
a non-Federal interest to provide for design and construction of
the project to be carried out with such assistance.
(2) REQUIREMENTS. -- Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) PLAN. -- Development by the Secretary, in consultation
with appropriate Federal and State officials, of a facilities or
resource protection and development plan, including appropriate
engineering plans and specifications.
(B) LEGAL AND INSTITUTIONAL STRUCTURES. -- Establishment of
each such legal and institutional structures as are necessary to
assure the effective long-term operation of the project by the
non-Federal interest.
(3) COST-SHARING. -- Total project costs under each local
cooperation agreement entered into under this subsection shall be
shared at 75 percent Federal and 25 percent non-Federal. The
non-Federal interest shall receive credit for lands, easements,
rights-of-way, and relocations toward its share of project costs
but not to exceed 25 percent of total project costs. Operation
and maintenance costs shall be 100 percent non-Federal.
(d) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS. -- Nothing in
this section shall be construed as waiving, limiting, or otherwise
affecting the applicability of any provision of Federal or State law
which would otherwise apply to a project to be carried out with
assistance provided under this section.
(e) REPORT. -- Not later than December 31, 1998, the Secretary shall
transmit to Congress a report on the results of the pilot program
carried out under this section, together with recommendations concerning
whether or not such program should be implemented on a national basis.
(f) SOUTHERN WEST VIRGINIA DEFINED. -- For purposes of this section,
the term "Southern West Virginia" means Raleigh, Wayne, Cabell, Fayette,
Lincoln, Summers, Wyoming, Webster, Mingo, McDowell, Logan, Boone,
Mercer, Pocahontas, Greenbrier, and Monroe Counties, West Virginia.
(g) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal years
beginning after September 30, 1992. Such sums shall remain available
until expended.
SEC. 341. TENNESSEE RIVER HERITAGE MUSEUM AND EDUCATION FACILITY.
The Tennessee Valley Authority is authorized to establish a facility
to be known as the "Tennessee River Heritage Museum and Education
Facility" for the purpose of encouraging science and technology as it
relates to developing, managing, and preserving rivers as a nationally
significant resource.
SEC. 342. TENNESSEE VALLEY EXHIBIT COMMISSION OF ALABAMA.
(a) COOPERATION BY TENNESSEE VALLEY AUTHORITY. -- The Tennessee
Valley Authority shall cooperate with the Tennessee Valley Exhibit
Commission of Alabama to establish an exhibit in Florence, Alabama, on
research and development in the area of inland navigation, tributary
development and related activities.
(b) CONTRIBUTIONS. -- The Tennessee Valley Authority may accept
contributions from private sources in carrying out this section.
SEC. 343. RED ROCK DAM AND LAKE, IOWA.
(a) STUDY. -- The Comptroller General shall conduct a study to
review the operation of the project for flood control, Red Rock Dam and
Lake, Iowa, authorized by the Flood Control Act of June 28, 1938.
(b) PURPOSE. -- The purpose of the study to be conducted under
subsection (a) shall be --
(1) to determine whether the property adjacent to the project
referred to in subsection (a) is being inundated by high reservoir
levels beyond the levels permitted by existing easements; and
(2) to review actions taken by the Secretary to implement the
requirement contained in section 108(b) of Public Law 99-190 (99
Stat. 1316).
(c) REPORT. -- Not later than 1 year after the date of the enactment
of this Act, the Comptroller General shall transmit to the Committee on
Public Works and Transportation of the House of Representatives and the
Committee on Environment and Public Works of the Senate a report on the
results of the study conducted under this section, including
recommendations on whether easements of the Secretary referred to in
subsection (b)(1) should be renegotiated with landowners.
SEC. 344. ENVIRONMENTAL PROJECT MODIFICATIONS, SACRAMENTO RIVER,
CALIFORNIA.
(a) IN GENERAL. -- In carrying out modifications, under section
1135(b) of the Water Resources Development Act of 1986 (33 U.S.C. 2294
note), in the structures and operations of the project for flood
control, Sacramento River, California, authorized by section 2 of the
Flood Control Act of 1917 (39 Stat. 949), for the purpose of improving
the quality of the environment in the public interest, the Secretary
shall --
(1) credit the value of all lands, easements, and rights-of-way
provided by non-Federal interests for such modifications;
(2) include the one-time construction of the operation and
maintenance facilities as part of project costs for the purposes
of cost sharing; and
(3) in addition to the plan contained in the Yolo Basin
Wetlands Project Modification Report dated April 1992, plan,
design, and construct as part of such modifications historical
wetlands at an alternative site located contiguous to the Yolo
Bypass, immediately east of the Davis Water Pollution Control
Plant, and along the north side of the Willow Slough Bypass.
(b) REPORT DEADLINE. -- The Secretary shall complete a separate
project modification report to carry out subsection (a)(3) for planning,
design, and construction requirements on or before September 30, 1993.
SEC. 345. BANK STABILIZATION AND MARSH CREATION.
(a) STUDY. -- The Secretary shall conduct a study on bank
stabilization and marsh creation by construction of a system of
retaining dikes and by beneficial use of dredged material along the
Calcasieu River Ship Canal, Louisiana, at critical locations.
(b) REPORT. -- Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to the Committee on Public
Works and Transportation of the House of Representatives and the
Committee on Environment and Public Works of the Senate a report on the
results of the study conducted under subsection (a), including
recommendations for specific measures to be undertaken under section 205
of this Act (relating to beneficial uses of dredged material) as a
result of such study.
SEC. 346. CONNECTICUT COASTAL SALTMARSH RESTORATION AUTHORIZATION.
Subject to the cost sharing provisions of the Water Resources
Development Act of 1986, the Secretary shall, as part of the long term
goal of Corps of Engineers water resources development program of
increasing the quality and quantity of the Nation's wetlands,
investigate and carry out saltmarsh restoration projects along the
coastline of the State of Connecticut.
SEC. 347. WINFIELD, BUFFALO, AND ELEANOR, WEST VIRGINIA
(a) TECHNICAL ASSISTANCE. -- The Secretary shall provide technical
assistance to the towns of Winfield, Buffalo, and Eleanor, West
Virginia, for the purpose of assisting the residents of such towns in
analyzing and understanding the remedial options available for dealing
with substances posing a risk to the environment at the Corps of
Engineers lock and dam construction site in the vicinity of Winfield,
West Virginia.
(b) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to carry out this section $100,000 for fiscal years
beginning after September 30, 1992. Such sums shall remain available
until expended.
SEC. 348. LAND CONVEYANCE, CITY OF FORT SMITH, ARKANSAS.
The Secretary may convey to the city of Fort Smith, Arkansas, all
right, title, and interest of the United States (excluding all oil, gas,
and other minerals and subject to existing encumbrances) in and to a
tract of real property (including improvements thereon) of approximately
400 acres located adjacent to the city and under the jurisdiction of the
Secretary. Such conveyance shall be subject to terms and conditions
agreed to between the Secretary and the city and to such other terms and
conditions as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 349. RAHWAY RIVER, NEW JERSEY.
The Secretary is authorized to conduct a study on flooding problems
along the Rahway River, township of Woodbridge and city of Rahway, New
Jersey, and to implement such measures as the Secretary determines
feasible in the interest of flood control along the Rahway River and the
South Branch of the Rahway River.
SEC. 350. SAN FRANCISCO BAY, CALIFORNIA.
The Secretary is authorized to participate as an active Federal
member in the Memorandum of Understanding for the Interagency Ecological
Study Program for implementation of the monitoring requirements in the
San Francisco Bay -- Delta Estuary, California, dated October 19, 1990,
and March 9, 1992, including the coordination, conduction, and transfer
of funds, equipment, and personnel between the cooperating agencies.
SEC. 351. FLOOD WARNING RESPONSE SYSTEM.
Section 17(a) of the Water Resources Development Act of 1988 (102
Stat. 4026) is amended by striking "consistent" and all that follows
through "1986" and inserting "at full Federal expense".
SEC. 352. TARRANT COUNTY, TEXAS.
Section 101(n) of Public Law 99-500 (100 Stat. 1783-345) and section
101 of Public Law 99-591 (100 Stat. 3341-345-3341-346) are each amended
by striking ": Provided, That in" and all that follows through "and
Marine Creek".
SEC. 353. RELEASE OF CERTAIN USE RESTRICTION.
(a) RELEASE. -- Notwithstanding any other provision of law, the
Tennessee Valley Authority is authorized and directed to grant a release
or releases, without monetary consideration, from the restriction and
covenant which requires that property described in subsection (b) shall
at all times be used solely for the purpose of erecting docks and
buildings for shipbuilding purposes or for the manufacture or storage of
products for the purpose of trading or shipping in transportation.
(b) DESCRIPTION OF PROPERTY. -- This section shall apply only to
those lands situated in the city of Decatur, Morgan County, Alabama, and
described in an indenture conveying such lands to the Ingalls
Shipbuilding Corporation dated July 29, 1954, and recorded in Deed Book
535 at page 6 in the office of the Probate Judge of Morgan County,
Alabama, which are owned or may hereafter be acquired by the city of
Decatur, Alabama.
SEC. 354. FORT POINT, GALVESTON, TEXAS.
(a) CONSTRUCTION OF INTERAGENCY CHILD CARE FACILITY. --
Notwithstanding any other provision of law, the Secretary is authorized
by contract or otherwise to construct, establish, equip, maintain, and
operate (or assist in constructing, equipping, maintaining, and
operating) an interagency child care facility at Fort Point, Galveston,
Texas, on Federal property under the management and control of the
Galveston District, United States Army Corps of Engineers. The purpose
of such facility shall be to provide child care services for children
who are members of households of Federal employees.
(b) FEES, TRANSFERS, AND ACCEPTANCE OF DONATIONS. --
(1) FEES. -- The Secretary is authorized to establish or
provide for the establishment of appropriate fees and charges to
be chargeable against the Galveston District, United States Army
Corps of Engineers, employees and others who are beneficiaries of
the services provided by the child care facility to be constructed
under this section.
(2) TRANSFERS. -- A Federal agency may transfer to the
Secretary for use in connection with the child care facility to be
constructed under this section amounts available to the agency for
child care services.
(3) DONATIONS. -- The Secretary is authorized to accept
donations of money, equipment, and other property for use in
connection with the child care facility to be constructed under
this section.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to carry out this section for fiscal years beginning after
September 30, 1992 $1,500,000. Such sums shall remain avialable until
expended.
SEC. 355. PRESIDIO OF SAN FRANCISCO, CALIFORNIA.
(a) TECHNICAL ASSISTANCE. -- The Secretary is authorized and
directed to offer technical assistance to the National Park Service on
infrastructure repairs and improvements at the Presidio of San
Francisco, California, during the transition period from Army to Park
Service management and after its inclusion into the Golden Gate National
Recreation Area.
(b) IDENTIFICATION OF OPPORTUNITIES. -- The Secretary shall assist
the National Park Service in identifying opportunities at the Presidio
for demonstration and education programs of environmentally sustainable
and innovative technologies, and shall make available a liaison from its
Construction Engineering Research Laboratory for this purpose.
(c) COOPERATION. -- The Secretary will cooperate with other Federal
agencies (such as the Environmental Protection Agency and Department of
Energy) which the National Park Service identifies as having an interest
and role in such programs at the Presidio.
SEC. 356. SEDIMENT MANAGEMENT STRATEGY FOR MAUMEE RIVER, TOLEDO
HARBOR.
(a) DEVELOPMENT. -- Not later than 12 months after the date of the
enactment of this Act, the Secretary, in coordination with the Toledo
Port Authority and the Ohio Environmental Protection Agency, shall
develop a comprehensive 5-year and 20-year sediment management strategy
for the Maumee River, Toledo Harbor. The strategy may include a
combination of several sediment disposal alternatives and shall
emphasize innovative, environmentally benign alternatives, including
reuse and recycling for wetland restoration.
(b) IMPLEMENTATION. -- The Secretary is authorized to conduct the
engineering and construction activities necessary to implement the
5-year sediment management strategy developed pursuant to subsection
(a).
(c) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated $1,000,000 to carry out subsection (a) and $3,000,000 to
carry out subsection (b).
SEC. 357. SOUTHEAST LIGHT ON BLOCK ISLAND, RHODE ISLAND.
Section 416 of the Water Resources Development Act of 1990 (104 Stat.
4651-4652) is amended by striking subsection (c) and inserting the
following:
"(c) COST-SHARING. -- The non-Federal share of the cost of
relocating the lighthouse under this section shall be $970,000.
Administrative costs of the Army Corps of Engineers in carrying out this
section shall not be treated, for purposes of this section, as costs of
relocating the lighthouse and shall not be paid from amounts
appropriated to carry out this section.".
SEC. 358. ALLENDALE DAM, NORTH PROVIDENCE, RHODE ISLAND.
(a) RECOSTRUCTION. -- The Secretary is authorized to reconstruct the
Allendale Dam in North Providence, Rhode Island, at a total cost of
$90,000, with an estimated Federal cost of $67,500 and an estimated
non-Federal cost of $22,500. The Secretary shall not rebuild the dam
until title to such dam has been transferred to a nonprofit watershed
council or the city of North Providence.
(b) NON-FEDERAL SHARE. -- The non-Federal share of the cost of the
project authorized by this section shall be 25 percent.
SEC. 359. LAKE DEGRAY WATER SUPPLY.
The Secretary is directed to execute a water supply contract with the
Ouachita River Water District for withdrawals from Lake DeGray,
Arkansas, as provided in the agreement forwarded by the Vicksburg
District Corps of Engineers dated March 1992.
SEC. 360. SOURIS RIVER, NORTH DAKOTA.
Section 1124(d) of the Water Resources Development Act of 1986 (33
U.S.C. 652) is amended by striking "$69,100,000" and inserting
"$120,800,000".
SEC. 361. ABANDONED AND WRECKED BARGE REMOVAL.
(a) IN GENERAL. -- In order to alleviate a hazard to navigation, the
Secretary is authorized to remove a sunken barge from waters off the
shore of the Narragansett Town Beach in Narragansett, Rhode Island, at a
total cost of $200,000, with an estimated Federal cost of $150,000 and
an estimated non-Federal cost of $50,000. The Secretary shall not
remove the barge until title to such barge has been transferred to the
United States.
(b) NON-FEDERAL SHARE. -- The non-Federal share of the cost of the
project authorized by this section shall be 25 percent. Revenue derived
from the sale of scrap from this barge shall be credited toward the
non-Federal share of the project cost.
SEC. 362. QUONSET POINT-DAVISVILLE, RHODE ISLAND.
The Secretary is authorized to construct 2 elevated water storage
towers at Quonset Point-Davisville, Rhode Island, at a total cost of
$1,500,000, with an estimated Federal cost of $1,125,000 and an
estimated non-Federal cost of $375,000. In conjunction with this
project, the Secretary is authorized to relocate 6,000 linear feet of
sewer lines to West Davisville, Rhode Island, at a total cost of
$1,000,000, with an estimated Federal cost of $750,000 and an estimated
non-Federal cost of $250,000.
SEC. 363. STILLWATER, MINNESOTA.
The Secretary is authorized to undertake the repair and
reconstruction of a flood wall system at Stillwater, Minnesota,
including an extension of such system to prevent the continuous eroding
of the riverfront, at a total cost of $3,200,000, with an estimated
Federal cost of $2,400,000 and an estimated non-Federal cost of
$800,000.
SEC. 364. STORMWATER DISCHARGES.
Section 402(p) of the Federal Water Pollution Control Act (33 U.S.C.
1342(p)) is amended --
(1) in paragraph (1) by striking "October 1, 1992" and
inserting "October 1, 1994"; and
(2) in paragraph (6) by striking "October 1, 1992" and
inserting "October 1, 1993".
SEC. 401. "33 USC 2329" INTERNATIONAL OUTREACH PROGRAM.
(a) IN GENERAL. -- The Secretary is authorized to engage in
activities to inform the United States maritime industry and port
authorities of technological innovations abroad that could significantly
improve waterborne transportation in the United States, both inland and
deep draft. Such activities may include --
(1) development, monitoring, assessment, and dissemination of
information about foreign water transportation and port facilities
that could significantly improve water transportation in the
United States;
(2) research, development, training, and other forms of
technology transfer and exchange; and
(3) offering technical services which cannot be readily
obtained in the private sector to be incorporated in the proposals
of port authorities or other water transportation developers if
the costs for assistance will be recovered under the terms of each
project.
(b) COOPERATION. -- The Secretary may carry out the provisions of
this section in cooperation with Federal departments and agencies, State
and local agencies, authorities, institutions, corporations (profit or
nonprofit), foreign governments, or other organizations.
(c) FUNDING. -- The funds to carry out the provisions of this
section shall include funds deposited in a special account with the
Secretary of the Treasury for such purposes by any cooperating entity or
organization according to cost-sharing agreements proscribed by the
Secretary. Reimbursement for services provided under this section shall
be credited to the appropriation concerned.
SEC. 402. "33 USC 2268" MARINE TECHNOLOGY REVIEW.
(a) DREDGING NEEDS. -- The Secretary is authorized to conduct such
studies as are necessary to provide a report to Congress on the dredging
needs of the national ports and harbors of the United States. The
report shall include existing and projected future project depths, types
and sizes of ships in use, and world trade patterns, an assessment of
the future national waterside infrastructure needs, and a comparison of
drafts of United States and selected world ports.
(b) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated $2,500,000 to carry out this section for fiscal years
beginning after September 30, 1992. Such sums shall remain available
until expended.
SEC. 403. LA GUARDIA DIKE, NEW YORK.
The responsibility of the Federal Government to maintain and operate
a 1,400-foot earthen dike constructed by local interests in lieu of a
1,400-foot steel sheetpile breakwater authorized as part of the Flushing
Bay and Creek, New York, project by the River and Harbor Act of 1962 (76
Stat. 1174) is not authorized after the date of the enactment of this
Act.
SEC. 404. ATLANTIC COAST OF NEW YORK.
(a) DEVELOPMENT OF PROGRAM. -- The Secretary is authorized and
directed to develop a data collection and monitoring program of coastal
processes for the Atlantic Coast of New York, from Coney Island to
Montauk Point, with a view toward providing information necessary to
develop a program for addressing post storm actions and long-term
shoreline erosion control.
(b) INITIAL PLAN. -- Not later than 12 months after the date of the
enactment of this Act, the Secretary shall provide an initial plan for
data collection and monitoring to the Committee on Environment and
Public Works of the Senate and the Committee on Public Works and
Transportation of the House of Representatives. Such initial plan shall
be fully coordinated with and agreed to by appropriate agencies of the
State of New York.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated $1,400,000 for each of fiscal years 1993, 1994, 1995, 1996,
and 1997 to carry out this section. Such sums shall remain available
until expended.
SEC. 405. "33 USC 2239 note" SEDIMENTS DECONTAMINATION TECHNOLOGY.
(a) DECONTAMINATION PROJECT. --
(1) SELECTION OF TECHNOLOGIES. -- Based upon a review of
decontamination technologies identified pursuant to section 412(c)
of the Water Resources Development Act of 1990, the Administrator
of the Environmental Protection Agency and the Secretary shall,
within 1 year after the date of the enactment of this Act, jointly
select removal, pre-treatment, post-treatment, and decontamination
technologies for contaminated marine sediments for a
decontamination project in the New York/New Jersey Harbor.
(2) RECOMMENDED PROGRAM. -- Upon selection of technologies,
the Administrator and the Secretary shall jointly recommend a
program of selected technologies to assess their effectiveness in
rendering sediments acceptable for unrestricted ocean disposal or
beneficial reuse, or both.
(b) DECONTAMINATION DEFINED. -- For purposes of this section,
"decontamination" may include local or remote prototype or production
and laboratory decontamination technologies, sediment pre-treatment and
post-treatment processes, and siting, economic, or other measures
necessary to develop a matrix for selection of interim prototype of
long-term processes. Decontamination techniques need not be preproven
in terms of likely success.
(c) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal years
beginning after September 30, 1992. Such sums shall remain available
until expended.
SEC. 501. "33 USC 1271 note" SHORT TITLE AND DEFINITIONS.
(a) SHORT TITLE. -- This title may be cited as the "National
Contaminated Sediment Assessment and Management Act".
(b) DEFINITIONS. -- For the purposes of sections 502 and 503 of this
title --
(1) the term "aquatic sediment" means sediment underlying the
navigable waters of the United States;
(2) the term "navigable waters" has the same meaning as in
section 502(7) of the Federal Water Pollution Control Act (33
U.S.C. 1362(7));
(3) the term "pollutant" has the same meaning as in section
502(6) of the Federal Water Pollution Control Act (33 U.S.C.
1362(6)); except that such term does not include dredge spoil,
rock, sand, or cellar dirt;
(4) the term "contaminated sediment" means aquatic sediment
which --
(A) contains chemical substances in excess of appropriate
geochemical, toxicological or sediment quality criteria or
measures; or
(B) is otherwise considered by the Administrator to pose a
threat to human health or the environment; and
(5) the term "Administrator" means the Administrator of the
Environmental Protection Agency.
SEC. 502. "33 USC 1271 note" NATIONAL CONTAMINATED SEDIMENT TASK
FORCE.
(a) ESTABLISHMENT. -- There is established a National Contaminated
Sediment Task Force (hereinafter referred to in this section as the
"Task Force"). The Task Force shall --
(1) advise the Administrator and the Secretary in the
implementation of this title;
(2) review and comment on reports concerning aquatic sediment
quality and the extent and seriousness of aquatic sediment
contamination throughout the Nation;
(3) review and comment on programs for the research and
development of aquatic sediment restoration methods, practices,
and technologies;
(4) review and comment on the selection of pollutants for
development of aquatic sediment criteria and the schedule for the
development of such criteria;
(5) advise appropriate officials in the development of
guidelines for restoration of contaminated sediment;
(6) make recommendations to appropriate officials concerning
practices and measures --
(A) to prevent the contamination of aquatic sediments; and
(B) to control sources of sediment contamination; and
(7) review and assess the means and methods for locating and
constructing permanent, cost-effective long-term disposal sites
for the disposal of dredged material that is not suitable for
ocean dumping (as determined under the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.)).
(b) MEMBERSHIP. --
(1) IN GENERAL. -- The membership of the Task Force shall
include 1 representative of each of the following:
(A) The Administrator.
(B) The Secretary.
(C) The National Oceanic and Atmospheric Administration.
(D) The United States Fish and Wildlife Service.
(E) The Geological Survey.
(F) The Department of Agriculture.
(2) ADDITIONAL MEMBERS. -- Additional members of the Task
Force shall be jointly selected by the Administrator and the
Secretary, and shall include --
(A) not more than 3 representatives of States;
(B) not more than 3 representatives of ports, agriculture, and
manufacturing; and
(C) not more than 3 representatives of public interest
organizations with a demonstrated interest in aquatic sediment
contamination.
(3) COCHAIRMEN. -- The Administrator and the Secretary shall
serve as cochairmen of the Task Force.
(4) CLERICAL AND TECHNICAL ASSISTANCE. -- Such clerical and
technical assistance as may be necessary to discharge the duties
of the Task Force shall be provided by the personnel of the
Environmental Protection Agency and the Army Corps of Engineers.
(5) COMPENSATION FOR ADDITIONAL MEMBERS. -- The additional
members of the Task Force selected under paragraph (2) shall,
while attending meetings or conferences of the Task Force, be
compensated at a rate to be fixed by the cochairmen, but not to
exceed the daily equivalent of the base rate of pay in effect for
grade GS-15 of the General Schedule under section 5332 of title 5,
United States Code, for each day (including travel time) during
which they are engaged in the actual performance of duties vested
in the Task Force. While away from their homes or regular places
ob business in the performance of services for the Task Force,
such members shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses
under section 5703(b) of title 5, United States Code.
(c) REPORT. -- Within 2 years after the date of the enactment of
this Act, the Task Force shall submit to Congress a report stating the
findings and recommendations of the Task Force.
SEC. 503. "33 USC 1271" SEDIMENT SURVEY AND MONITORING.
(a) SURVEY. --
(1) IN GENERAL. -- The Administrator, in consultation with the
Administrator of the National Oceanic and Atmospheric
Administration and the Secretary, shall conduct a comprehensive
national survey of data regarding aquatic sediment quality in the
United States. The Administrator shall compile all existing
information on the quantity, chemical and physical composition,
and geographic location of pollutants in aquatic sediment,
including the probable source of such pollutants and
identification of those sediments which are contaminated pursuant
to section 501(b)(4).
(2) REPORT. -- Not later than 24 months after the date of the
enactment of this Act, the Administrator shall report to the
Congress the findings, conclusions, and recommendations of such
survey, including recommendations for actions necessary to prevent
contamination of aquatic sediments and to control sources of
contamination.
(b) MONITORING. --
(1) IN GENERAL. -- The Administrator, in consultation with the
Administrator of the National Oceanic and Atmospheric
Administration and the Secretary, shall conduct a comprehensive
and continuing program to assess aquatic sediment quality. The
program conducted pursuant to this subsection shall, at a minimum
--
(A) identify the location of pollutants in aquatic sediment;
(B) identify the extent of pollutants in sediment and those
sediments which are contaminated pursuant to section 501(b)(4);
(C) establish methods and protocols for monitoring the
physical, chemical, and biological effects of pollutants in
aquatic sediment and of contaminated sediment;
(D) develop a system for the management, storage, and
dissemination of data concerning aquatic sediment quality;
(E) provide an assessment of aquatic sediment quality trends
over time;
(F) identify locations where pollutants in sediment may pose a
threat to the quality of drinking water supplies, fisheries
resources, and marine habitats; and
(G) establish a clearing house for information on technology,
methods, and practices available for the remediation,
decontamination, and control of sediment contamination.
(2) REPORT. -- The Administrator shall submit to Congress a
report on the findings of the monitoring under paragraph (1) on
the date that is 2 years after the date specified in subsection
(a)(2) and biennially thereafter.
SEC. 504. CONCURRENCE BY THE ADMINISTRATOR.
(a) CONCURRENCE BY THE ADMINISTRATOR. -- Section 103(c) of the
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
1413(c)) is amended to read as follows:
"(c) CONCURRENCE BY THE ADMINISTRATOR. --
"(1) NOTIFICATION. -- Prior to issuing a permit to any person
under this section, the Secretary shall first notify the
Administrator of the Secretary's intention to do so and provide
necessary and appropriate information concerning the permit to the
Administrator. Within 30 days of receiving such information, the
Administrator shall review the information and request any
additional information the Administrator deems necessary to
evaluate the proposed permit.
"(2) CONCURRENCE BY ADMINISTRATOR. -- Within 45 days after
receiving from the Secretary all information the Administrator
considers to be necessary to evaluate the proposed permit, the
Administrator shall, in writing, concur with (either entirely or
with conditions) or decline to concur with the determination of
the Secretary as to compliance with the criteria, conditions, and
restrictions established pursuant to sections 102(a) and 102(c)
relating to the environmental impact of the permit. The
Administrator may request one 45-day extension in writing and the
Secretary shall grant such request on receipt of the request.
"(3) EFFECT OF CONCURRENCE. -- In any case where the
Administrator makes a determination to concur (with or without
conditions) or to decline to concur within the time period
specified in paragraph (2) the determination shall prevail. If
the Administrator declines to concur in the determination of the
Secretary no permit shall be issued. If the Administrator concurs
with conditions the permit shall include such conditions. The
Administrator shall state in writing the reasons for declining to
concur or for the conditions of the concurrence.
"(4) FAILURE TO ACT. -- If no written documentation is made by
the Administrator within the time period provided for in paragraph
(2), the Secretary may issue the permit.
"(5) COMPLIANCE WITH CRITERIA AND RESTRICTIONS. -- Unless the
Administrator grants a waiver pursuant to subsection (d), any
permit issued by the Secretary shall require compliance with such
criteria and restrictions.".
(b) CONFORMING AMENDMENT. -- Section 103(e) of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413(e)) is
amended by inserting "and section 104(a) and (d)" before the period.
SEC. 505. STATE OCEAN DUMPING REQUIREMENTS.
Section 106(d) of the Marine Protection, Research, and Sanctuaries
Act of 1972 (33 U.S.C. 1416(d)) is amended to read as follows:
"(d) STATE PROGRAMS. --
(1) STATE RIGHTS PRESERVED. -- Except as expressly provided in
this subsection, nothing in this title shall preclude or deny the
right of any State to adopt or enforce any requirements respecting
dumping of materials into ocean waters within the jurisdiction of
the State.
"(2) FEDERAL PROJECTS. -- In the case of a Federal project, a
State may not adopt or enforce a requirement that is more
stringent than a requirement under this title if the Administrator
finds that such requirement --
"(A) is not supported by relevant scientific evidence showing
the requirement to be protective of human health, aquatic
resources, or the environment;
"(B) is arbitrary or capricious; or
"(C) is not applicable or is not being applied to all projects
without regard to Federal, State, or private participation and the
Secretary of the Army concurs in such finding.
"(3) EXEMPTION FROM STATE REQUIREMENTS. -- The President may
exempt a Federal project from any State requirement respecting
dumping of materials into ocean waters if it is in the paramount
interest of the United States to do so.
"(4) CONSIDERATION OF SITE OF ORIGIN PROHIBITED. -- Any
requirement respecting dumping of materials into ocean waters
applied by a State shall be applied without regard to the site of
origin of the material to be dumped.".
SEC. 506. SITE DESIGNATION.
(a) SITE DESIGNATION AMENDMENTS. -- Section 102(c) of the Marine
Protection, Research, and Sanctuaries Act (33 U.S.C. 1412(c)) is amended
to read as follows:
"(c) DESIGNATION OF SITES. --
"(1) IN GENERAL. -- The Administrator shall, in a manner
consistent with the criteria established pursuant to subsection
(a), designate sites or time periods for dumping. The
Administrator shall designate sites or time periods for dumping
that will mitigate adverse impact on the environment to the
greatest extent practicable.
"(2) PROHIBITIONS REGARDING SITE OR TIME PERIOD. -- In any
case where the Administrator determines that, with respect to
certain materials, it is necessary to prohibit dumping at a site
or during a time period, the Administrator shall prohibit the
dumping of such materials in such site or during such time period.
This prohibition shall apply to any dumping at the site or during
such time period. This prohibition shall apply to any dumping at
the site or during the time period, including any dumping under
section 103(e).
"(3) DREDGED MATERIAL DISPOSAL SITES. -- In the case of
dredged material disposal sites, the Administrator, in conjunction
with the Secretary, shall develop a site management plan for each
site designated pursuant to this section. In developing such
plans, the Administrator and the Secretary shall provide
opportunity for public comment. Such plans shall include, but not
be limited to --
"(A) a baseline assessment of conditions at the site;
"(B) a program for monitoring the site;
"(C) special management conditions or practices to be
implemented at each site that are necessary for protection of the
environment;
"(D) consideration of the quantity of the material to be
disposed of at the site, and the presence, nature, and
bioavailability of the contaminants in the material;
"(E) consideration of the anticipated use of the site over the
long term, including the anticipated closure date for the site, if
applicable, and any need for management of the site after the
closure of the site; and
"(F) a schedule for review and revision of the plan (which
shall not be reviewed and revised less frequently than 10 years
after adoption of the plan, and every 10 years thereafter).
"(4) GENERAL SITE MANAGEMENT PLAN REQUIREMENT; PROHIBITIONS.
-- After January 1, 1995, no site shall receive a final
designation unless a management plan has been developed pursuant
to this section. Beginning on January 1, 1997, no permit for
dumping pursuant to this Act or authorization for dumping under
section 103(e) of this Act shall be issued for a site unless such
site has received a final designation pursuant to this subsection
or an alternative site has been selected pursuant to section
103(b).
"(5) MANAGEMENT PLANS FOR PREVIOUSLY DESIGNATED SITES. -- The
Administrator shall develop a site management plan for any site
designated prior to January 1, 1995, as expeditiously as
practicable, but not later than January 1, 1997, giving priority
consideration to management plans for designated sites that are
considered to have the greatest impact on the environment.".
(b) SITE USE CLARIFICATION. -- Section 103(b) of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413(b)) is
amended --
(1) in the last sentence by inserting "maximum" before "extent
feasible"; and
(2) by adding at the end the following: "In any case in which
the use of a designated site is not feasible, the Secretary may,
with the concurrence of the Administrator, select an alternative
site. The criteria and factors established in section 102(a)
relating to site selection shall be used in selecting the
alternative site in a manner consistent with the application of
such factors and criteria pursuant to section 102(c). Disposal at
or in the vicinity of an alternative site shall be limited to a
period of not greater than 5 years unless the site is subsequently
designated pursuant to section 102(c); except that an alternative
site may continue to be used for an additional period of time that
shall not exceed 5 years if --
"(1) no feasible disposal site has been designated by the
Administrator;
"(2) the continued use of the alternative site is necessary to
maintain navigation and facilitate interstate or international
commerce; and
"(3) the Administrator determines that the continued use of the
site does not pose an unacceptable risk to human health, aquatic
resources, or the environment.".
SEC. 507. PERMIT CONDITIONS.
(a) MANAGEMENT PLAN. -- Section 104(a)(4) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1414(a)(4)) is amended
to read as follows: "(4) such requirements, limitations, or conditions
as are necessary to assure consistency with any site management plan
approved pursuant to section 102(c);".
(b) PERMIT TERM. -- Section 104(a) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1414(a)), is amended by
adding at the end the following: "Permits issued under this title shall
be issued for a period of not to exceed 7 years.".
(c) REVIEW. -- Section 104(d) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1414(d)) is amended by adding
after "where he finds" the following: ", based upon monitoring data
from the dump site and surrounding area,".
SEC. 508. OCEAN DUMPING PENALTIES.
(a) PENALTY. -- Section 105(b) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)) is amended to read as
follows:
"(b) CRIMINAL PENALTIES. -- In addition to any action that may be
brought under subsection (a) --
"(1) any person who knowingly violates any provision of this
title, any regulation promulgated under this title, or a permit
issued under this title, shall be fined under title 18, United
States Code, or imprisoned for not more than 5 years, or both;
and
"(2) any person who is convicted of such a violation pursuant
to paragraph (1) shall forfeit to the United States --
"(A) any property constituting or derived from any proceeds
that the person obtained, directly or indirectly, as a result of
such violation; and
"(B) any of the property of the person which was used, or
intended to be used in any manner or part, to commit or to
facilitate the commission of the violation.".
(b) SEIZURE AND FORFEITURE. -- Section 105 of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415) is amended by
adding at the end the following:
"(i) SEIZURE AND FORFEITURE. --
"(1) IN GENERAL. -- Any vessel used to commit an act for which
a penalty is imposed under section 105(b) shall be subject to
seizure and forfeiture to the United States under procedures
established for seizure and forfeiture of conveyances under
sections 413 and 511 of the Controlled Substances Act (21 U.S.C.
853, 881).
"(2) LIMITATION ON APPLICATION. -- This subsection does not
apply to an act committed substantially in accordance with a
compliance agreement or enforcement agreement entered into by the
Administrator under section 104B(c).".
SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
(a) GENERAL AUTHORIZATION. -- Section 111 of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1420) is amended by
striking "for each of" and all that follows through the period at the
end of the section and inserting the following: "for fiscal year 1993
and not to exceed $14,000,000 for each of the fiscal years 1994, 1995,
1996, and 1997, to remain available until expended.".
(b) TASK FORCE, SURVEY AND MONITORING. -- There is authorized to be
appropriated to the Administrator to carry out sections 502 and 503 "33
USC 1271 note" such sums as may be necessary.
SEC. 510. REPORT TO CONGRESS.
Section 112 of the Marine Protection, Research, and Sanctuaries Act
of 1972 (33 U.S.C. 1421) is amended by adding at the end the following:
"Such report shall include a description of the number of permits issued
under this title (including the number of permits issued by the
Secretary with the concurrence of the Administrator), any actions taken
under subsections (c) and (d) of section 103, and for each permit, the
site receiving the material, the volume and characteristics of material
dumped (including the extent and nature of pollutants in such material),
and the management practices implemented in connection with each
disposal activity.".
Approved October 31, 1992.
LEGISLATIVE HISTORY -- H.R. 6167:
CONGRESSIONAL RECORD, Vol. 138 (1992): Oct. 5, considered and passed
House. Oct. 8, considered and passed Senate.
Public Law 102-579, 106 Stat. 4777
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE. -- This Act may be cited as the "Waste Isolation
Pilot Plant Land Withdrawal Act".
(b) TABLE OF CONTENTS. --
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Land withdrawal and reservation for WIPP.
Sec. 4. Establishment of management responsibilities.
Sec. 5. Test phase and retrieval plans.
Sec. 6. Test phase activities.
Sec. 7. Disposal operations.
Sec. 8. Environmental Protection Agency disposal regulations.
Sec. 9. Compliance with environmental laws and regulations.
Sec. 10. Retrievability.
Sec. 11. Mine safety.
Sec. 12. Ban on high-level radioactive waste and spent nuclear fuel.
Sec. 13. Decommissioning of WIPP.
Sec. 14. Savings provisions.
Sec. 15. Economic assistance and miscellaneous payments.
Sec. 16. Transportation.
Sec. 17. Access to information.
Sec. 18. Judicial review of EPA actions.
Sec. 19. Technology study.
Sec. 20. Statement for purposes of Public Law 96-164.
Sec. 21. Consultation and cooperation agreement.
Sec. 22. Buy American requirements.
Sec. 23. Authorizations of appropriations.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) ADMINISTRATOR. -- The term "Administrator" means the
Administrator of the Environmental Protection Agency.
(2) AGREEMENT. -- The term "Agreement" means the July 1, 1981,
Agreement for Consultation and Cooperation, as amended by the
November 30, 1984 "First Modification", the August 4, 1987 "Second
Modification", and the March 18, 1988 "Third Modification", or as
it may be amended after the date of enactment of this Act, between
the State and the United States Department of Energy as authorized
by section 213(b) of the Department of Energy National Security
and Military Applications of Nuclear Energy Authorization Act of
1980 (Pub. L. 96-164; 93 Stat. 1259, 1265).
(3) CONTACT-HANDLED TRANSURANIC WASTE. -- The term
"contact-handled transuranic waste" means transuranic waste with a
surface dose rate not greater than 200 millirem per hour.
(4) DECOMMISSIONING PHASE. -- The term "decommissioning phase"
means the period of time beginning with the end of the disposal
phase and ending when all shafts at the WIPP repository have been
back-filled and sealed.
(5) DISPOSAL. -- The term "disposal" means permanent isolation
of transuranic waste from the accessible environment with no
intent of recovery, whether or not such isolation permits the
recovery of such waste.
(6) DISPOSAL PHASE. -- The term "disposal phase" means the
period of time, during which transuranic waste is disposed of at
WIPP, beginning with the initial emplacement of transuranic waste
underground for disposal and ending when the last container of
transuranic waste, as determined by the Secretary, is emplaced
underground for disposal.
(7) DISPOSAL REGULATIONS. -- The term "disposal regulations"
means the environmental regulations for the disposal of spent
nuclear fuel, high-level radioactive waste, and transuranic waste
under section 8.
(8) EEG. -- The term "EEG" means the Environmental Evaluation
Group for the Waste Isolation Pilot Plant referred to in section
1433 of the National Defense Authorization Act, Fiscal Year 1989
(Pub. L. 100-456; 102 Stat. 1918, 2073).
(9) ENGINEERED BARRIERS. -- The term "engineered barriers"
means backfill, room seals, panel seals, and any other manmade
barrier components of the disposal system.
(10) HIGH-LEVEL RADIOACTIVE WASTE. -- The term "high-level
radioactive waste" has the meaning given such term in section
2(12) of the Nuclear Waste Policy Act of 1982 (42 U.S.C.
10101(12)).
(11) NO-MIGRATION DETERMINATION. -- The term "No-Migration
Determination" means the Final Conditional No-Migration
Determination for the Department of Energy Waste Isolation Pilot
Plant published by the Environmental Protection Agency on November
14, 1990 (55 Fed. Reg. 47700), and any amendments thereto,
pursuant to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(12) REMOTE-HANDLED TRANSURANIC WASTE. -- The term
"remote-handled transuranic waste" means transuranic waste with a
surface dose rate of 200 millirem per hour or greater.
(13) RETRIEVAL. -- The term "retrieval" means the removal of
transuranic waste and the container in which it has been retained
and any material contaminated by such waste from the underground
repository at WIPP.
(14) SECRETARY. -- The term "the Secretary" means the
Secretary of Energy.
(15) SPENT NUCLEAR FUEL. -- The term "spent nuclear fuel" has
the meaning given such term in section 2(23) of the Nuclear Waste
Policy Act of 1982 (42 U.S.C. 10101(23)).
(16) STATE. -- The term "the State" means the State of New
Mexico.
(17) SUPPLEMENTAL STIPULATED AGREEMENT. -- The term
"Supplemental Stipulated Agreement" means the Supplemental
Stipulated Agreement Resolving Certain State Off-Site Concerns
Over WIPP, dated December 27, 1982, to the Stipulated Agreement
Between DOE and the State in State of New Mexico ex rel. Bingaman
v. DOE, Case No. CA 81-0363 JB (D. N. Mex.), dated July 1, 1981.
(18) TEST PHASE. -- The term "test phase" means the period of
time, during which test phase activities are conducted, beginning
with the initial receipt of transuranic waste at WIPP and ending
when the earliest of the following events occurs:
(A) The requirements described in section 7(b) are met.
(B) The Administrator determines under section 8(d)(1)(B) that
the WIPP facility will not comply with the disposal regulations.
(C) The time period described in paragraphs (2) and (3) of
section 8(d) expires.
(D) The Secretary is required by section 9(b)(2) to implement
the retrieval plan.
(19) TEST PHASE ACTIVITIES. -- The term "test phase
activities" means the testing and experimentation activities to
determine the suitability of WIPP as a repository for the
permanent isolation of transuranic waste.
(20) TRANSURANIC WASTE. -- The term "transuranic waste" means
waste containing more than 100 nanocuries of alpha-emitting
transuranic isotopes per gram of waste, with half-lives greater
than 20 years, except for --
(A) high-level radioactive waste;
(B) waste that the Secretary has determined, with the
concurrence of the Administrator, does not need the degree of
isolation required by the disposal regulations; or
(C) waste that the Nuclear Regulatory Commission has approved
for disposal on a case-by-case basis in accordance with part 61 of
title 10, Code of Federal Regulations.
(21) WIPP. -- The term "WIPP" means the Waste Isolation Pilot
Plant project authorized under section 213 of the Department of
Energy National Security and Military Applications of Nuclear
Energy Authorization Act of 1980 (Pub. L. 96-164; 93 Stat. 1259,
1265) to demonstrate the safe disposal of radioactive waste
materials generated by atomic energy defense activities.
(22) WITHDRAWAL. -- The term "Withdrawal" means the
geographical area consisting of the lands described in section
3(c).
SEC. 3. LAND WITHDRAWAL AND RESERVATION FOR WIPP.
(a) LAND WITHDRAWAL, JURISDICTION, AND RESERVATION. --
(1) LAND WITHDRAWAL. -- Subject to valid existing rights, and
except as otherwise provided in this Act, the lands described in
subsection (c) are withdrawn from all forms of entry,
appropriation, and disposal under the public land laws, including
without limitation the mineral leasing laws, the geothermal
leasing laws, the material sale laws (except as provided in
section 4(b)(4) of this Act), and the mining laws.
(2) JURISDICTION. -- Except as otherwise provided in this Act,
jurisdiction over the Withdrawal is transferred from the Secretary
of the Interior to the Secretary.
(3) RESERVATION. -- Such lands are reserved for the use of the
Secretary for the construction, experimentation, operation, repair
and maintenance, disposal, shutdown, monitoring, decommissioning,
and other authorized activities associated with the purposes of
WIPP as set forth in section 213 of the Department of Energy
National Security and Military Applications of Nuclear Energy
Authorization Act of 1980 (Pub. L. 96-164; 93 Stat. 1259, 1265),
and this Act.
(b) REVOCATION OF PUBLIC LAND ORDERS. -- Public Land Order 6403 of
June 29, 1983, as modified by Public Land Order 6826 of January 28,
1991, and any memoranda of understanding accompanying such land orders,
are revoked.
(c) LAND DESCRIPTION. --
(1) BOUNDARIES. -- The boundaries depicted on the map issued
by the Bureau of Land Management of the Department of the
Interior, entitled "WIPP Withdrawal Site Map," dated October 9,
1990, and on file with the Bureau of Land Management, New Mexico
State Office, are established as the boundaries of the Withdrawal.
(2) LEGAL DESCRIPTION AND MAP. -- Within 30 days after the
date of the enactment of this Act, the Secretary of the Interior
shall --
(A) publish in the Federal Register a notice containing a legal
description of the Withdrawal; and
(B) file copies of the map described in paragraph (1) and the
legal description of the Withdrawal with the Congress, the
Secretary, the Governor of the State, and the Archivist of the
United States.
(d) TECHNICAL CORRECTIONS. -- The map and legal description referred
to in subsection (c) shall have the same force and effect as if they
were included in this Act. The Secretary of the Interior may correct
clerical and typographical errors in the map and legal description.
(e) WATER RIGHTS. -- This Act does not establish, nor may any
provision be construed to establish, a reservation to the United States
with respect to any water or water rights. Nothing in this Act shall
affect any water rights acquired by the United States prior to the date
of enactment of this Act. The United States may apply for and obtain
water rights for purposes associated with this Act only in accordance
with the substantive and procedural requirements of the laws of the
State.
SEC. 4. ESTABLISHMENT OF MANAGEMENT RESPONSIBILITIES.
(a) GENERAL AUTHORITY. -- The Secretary shall be responsible for the
management of the Withdrawal, consistent with the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), this Act, and other
applicable law, and shall consult with the Secretary of the Interior and
the State in discharging such responsibility.
(b) MANAGEMENT PLAN. --
(1) DEVELOPMENT. -- Within 1 year after the date of the
enactment of this Act, the Secretary, in consultation with the
Secretary of the Interior and the State, shall develop a
management plan for the use of the Withdrawal until the end of the
decommissioning phase.
(2) PRIORITY OF WIPP-RELATED USES. -- Any use of the
Withdrawal for activities not associated with WIPP shall be
subject to such conditions and restrictions as may be necessary to
permit the conduct of WIPP-related activities.
(3) NON-WIPP RELATED USES. -- The management plan developed
under paragraph (1) shall provide for the maintenance of wildlife
habitat and shall provide that the Secretary may permit such
non-WIPP related uses of the Withdrawal as the Secretary
determines to be appropriate, including domestic livestock grazing
and hunting and trapping in accordance with the following
requirements:
(A) GRAZING. -- The Secretary may permit grazing to continue
where established before the date of the enactment of this Act,
subject to such regulations, policies, and practices as the
Secretary, in consultation with the Secretary of the Interior,
determines to be necessary or appropriate. The management of
grazing shall be conducted in accord with applicable grazing laws
and policies, including --
(i) the Act entitled "An Act to stop injury to public grazing
lands by preventing overgrazing and soil deterioration, to provide
for their orderly use, improvement, and development, to stabilize
the livestock industry dependent upon the public range, and for
other purposes," approved June 28, 1934 (43 U.S.C. 315 et seq.,
commonly referred to as the "Taylor Grazing Act");
(ii) title IV of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1751 et seq.); and
(iii) the Public Rangelands Improvement Act of 1978 (43 U.S.C.
1901 et seq.).
(B) HUNTING AND TRAPPING. -- The Secretary may permit hunting
and trapping within the Withdrawal in accordance with applicable
laws and regulations of the United States and the State, except
that the Secretary, after consultation with the Secretary of the
Interior and the State, may issue regulations designating zones
where, and establishing periods when, no hunting or trapping is
permitted for reasons of public safety, administration, or public
use and enjoyment.
(4) DISPOSAL OF SALT TAILINGS. -- The Secretary shall dispose
of salt tailings extracted from the Withdrawal that the Secretary
determines are not needed for backfill at WIPP. Disposition of
such tailings shall be made under sections 2 and 3 of the Act of
July 31, 1947, (30 U.S.C. 602, 603; commonly referred to as the
"Materials Act of 1947").
(5) MINING. --
(A) IN GENERAL. -- Except as provided in subparagraph (B), no
surface or subsurface mining or oil or gas production, including
slant drilling from outside the boundaries of the Withdrawal,
shall be permitted at any time (including after decommissioning)
on lands on or under the Withdrawal.
(B) EXCEPTION. -- Existing rights under Federal Oil and Gas
Leases No. NMNM 02953 and No. NMNM 02953C shall not be affected
unless the Administrator determines, after consultation with the
Secretary and the Secretary of the Interior, that the acquisition
of such leases by the Secretary is required to comply with the
final disposal regulations or with the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.).
(c) CLOSURE TO PUBLIC. -- If during the land withdrawal made by
section 3(a) the Secretary determines, in consultation with the
Secretary of the Interior, that the health and safety of the public or
the common defense and security require the closure to the public use of
any road, trail, or other portion of the Withdrawal, the Secretary may
take whatever action the Secretary determines to be necessary to effect
and maintain the closure and shall provide notice to the public of such
closure.
(d) MEMORANDUM OF UNDERSTANDING. -- The Secretary and the Secretary
of the Interior shall enter into a memorandum of understanding to
implement the management plan developed under subsection (b). Such
memorandum shall remain in effect until the end of the decommissioning
phase.
(e) SUBMISSION OF PLAN. -- Within 1 year after the date of the
enactment of this Act, the Secretary shall submit the management plan
developed under subsection (b) to the Congress and the State. Any
amendments to the plan shall be submitted promptly to the Congress and
the State.
SEC. 5. TEST PHASE AND RETRIEVAL PLANS.
(a) IN GENERAL. -- Not later than 7 months after the date of the
enactment of this Act, the Secretary shall prepare, and submit to the
Administrator for review, a test phase plan and a retrieval plan in
accordance with this section. The Secretary shall give notice in the
Federal Register of submission of such plans and provide an opportunity
for public access to such plans.
(b) TEST PHASE PLAN. -- The test phase plan and any modification of
the plan, as appropriate, shall --
(1) set forth the test phase activities to be conducted at
WIPP;
(2) specify the quantities and types of transuranic waste
required for such activities;
(3) provide a detailed description of how the test phase
activities will provide information directly relevant to a
certification of compliance with the final disposal regulations or
to compliance with the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.); and
(4) include justification for all such activities.
(c) RETRIEVAL PLAN. -- The retrieval plan and any modification of
the plan, as appropriate, shall set forth a detailed plan for the
removal of transuranic waste emplaced at WIPP during the test phase, if
such removal is required under any provision of this Act.
(d) APPROVAL BY ADMINISTRATOR. --
(1) IN GENERAL. -- The Administrator shall determine, in a
single rulemaking procedure, whether to approve, in whole or in
part, or disapprove the test phase plan and whether to approve or
disapprove the retrieval plan. The Administrator shall, in
accordance with paragraph (3), publish in the Federal Register a
final rule setting forth the approval or disapproval in accordance
with this subsection not later than 10 months after the date of
the enactment of this Act.
(2) STANDARDS FOR APPROVAL. --
(A) TEST PHASE PLAN. -- The Administrator shall approve the
test phase plan, or any modification to the plan, in whole or in
part, if the Administrator determines that the experiments will
provide data that are directly relevant to a certification of
compliance with the final disposal regulations or to compliance
with the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(B) RETRIEVAL PLAN. -- The Administrator shall approve the
retrieval plan, or any modification to the plan, if the
Administrator determines that it will provide for satisfactory
retrieval of all transuranic waste emplaced during the test phase
from WIPP should retrieval of such waste be required.
(3) RULEMAKING PROCEDURE. -- The Administrator shall conduct
the rulemaking required in paragraph (1) under section 553 of
title 5, United States Code, except that sections 556 and 557 of
such title shall not apply.
(4) CONSEQUENCES OF APPROVAL. -- If the Administrator approves
the test phase plan, in whole or in part, and the retrieval plan
under this subsection, the Secretary may immediately proceed with
test phase activities to the extent they have been approved in the
rule described in paragraph (3) and to the extent the requirements
of section 6(b) have been met.
(e) RECONSIDERATION OF DISAPPROVED PLANS. -- If any plan, or portion
of a plan, is not approved under subsection (d), the Secretary may
submit a revised plan, or portion, to the Administrator. Such revised
plan, or portion, shall be considered in accordance with the procedures
applicable under such subsection, except that final action shall be
completed within 3 months of submission to the Administrator.
(f) MODIFICATIONS TO TEST PHASE PLAN OR RETRIEVAL PLAN. -- The
Secretary may submit modifications to the test phase plan or retrieval
plan. Such modifications shall be considered in accordance with the
procedures applicable under subsection (d), except that final action
shall be completed within 3 months of submission to the Administrator.
SEC. 6. TEST PHASE ACTIVITIES.
(a) GENERAL AUTHORITY. -- The Secretary is authorized, subject to
subsections (b) and (c), to conduct test phase activities in accordance
with the test phase plan.
(b) REQUIREMENTS FOR COMMENCEMENT OF TEST PHASE ACTIVITIES. -- The
Secretary may not transport any transuranic waste to WIPP to conduct
test phase activities under subsection (a) unless the following
requirements are met:
(1) FINAL DISPOSAL REGULATIONS ISSUED. -- The final disposal
regulations are issued and published in the Federal Register under
section 8(b).
(2) TERMS OF NO-MIGRATION DETERMINATION COMPLIED WITH. -- The
Administrator has determined that the Secretary has complied with
the terms and conditions of the No-Migration Determination. The
determination of the Administrator under this paragraph shall not
be subject to rulemaking or judicial review.
(3) TEST PHASE AND RETRIEVAL PLANS APPROVED. -- The Secretary
has issued, and the Administrator has approved, the test phase
plan and the retrieval plan under section 5.
(4) EMERGENCY RESPONSE TRAINING. --
(A) REVIEW. -- The Secretary of Labor, acting through the
Occupational Safety and Health Administration, has reviewed the
emergency response training programs of the Department of Energy
that apply to WIPP.
(B) CERTIFICATION. -- The Secretary of Labor, acting through
the Occupational Safety and Health Administration, has certified
that the Department of Labor has reviewed emergency response
training programs of the Department of Energy that apply to WIPP
and has concurred that such programs are in compliance with part
1910.120 of title 29, Code of Federal Regulations. Such
certification shall not be subject to rulemaking or judicial
review.
(5) CERTIFICATION OF SAFETY. -- The Secretary has certified,
through the issuance of safety analysis documents, that the safety
of test phase activities to be completed at WIPP can be ensured
through procedures that would not compromise the type, quantity,
or quality of data collected from such test phase activities.
Such certification shall not be subject to rulemaking or judicial
review.
(6) STABILITY OF ROOMS USED FOR TESTING. -- The Secretary of
Energy shall issue a plan to ensure that the mined rooms in the
underground repository at WIPP in which transuranic waste may be
emplaced will remain sufficiently stable and safe to permit
uninterrupted testing for the duration of such activities. The
Secretary of Labor, acting through the Mine Safety and Health
Administration, shall review such plan and concur that the plan
ensures that the mined rooms in the underground repository at WIPP
in which transuranic waste may be emplaced will remain
sufficiently stable and safe to permit uninterrupted testing for
the duration of such activities. Such issuance and concurrence
shall not be subject to rulemaking or judicial review.
(c) LIMITATIONS. -- Test phase activities conducted under subsection
(a) shall be subject to the following limitations:
(1) QUANTITY OF WASTE THAT MAY BE TRANSPORTED. -- During the
test phase, the Secretary may transport to WIPP --
(A) only such quantities of transuranic waste as the
Administrator has approved for test phase activities under section
5; and
(B) in no event more than 1/2 of 1 percent of the total
capacity of WIPP as described in section 7(a)(3).
(2) REMOTE-HANDLED WASTE. --
(A) TRANSPORTATION AND EMPLACEMENT. -- The Secretary may not
transport to or emplace remote-handled transuranic waste at WIPP
during the test phase.
(B) STUDY. --
(i) IN GENERAL. -- Within 3 years after the date of the
enactment of this Act, the Secretary shall complete a study on
remote-handled transuranic waste in consultation with affected
States, the Administrator, and after the solicitation of views of
other interested parties.
(ii) REQUIREMENTS OF STUDY. -- Such study shall include an
analysis of the impact of remote-handled transuranic waste on the
performance assessment of WIPP and a comparison of remote-handled
transuranic waste with contact-handled transuranic waste on such
issues as gas generation, flammability, explosiveness, solubility,
and brine and geochemical interactions.
(iii) PUBLICATION. -- The Secretary shall publish the findings
of such study in the Federal Register.
(d) PERFORMANCE ASSESSMENT REPORT. --
(1) IN GENERAL. -- The Secretary shall publish, during the
test phase, a biennial performance assessment report, consisting
of a documented analysis of the long-term performance of WIPP.
Each such report shall be provided to the State, the
Administrator, the National Academy of Sciences, and the EEG for
their review and comment.
(2) RESPONSES BY SECRETARY TO COMMENTS. -- If, within 120 days
of the publication of a performance assessment report under
paragraph (1), the State, the Administrator, the National Academy
of Sciences, or the EEG provide written comments on the report,
the Secretary shall submit written responses to the comments to
the State, the Administrator, the National Academy of Sciences,
and the EEG, and to other appropriate entities or persons after
consultation with the State, within 120 days of receipt of the
comments.
SEC. 7. DISPOSAL OPERATIONS.
(a) TRANSURANIC WASTE LIMITATIONS. --
(1) REM LIMITS FOR REMOTE-HANDLED TRANSURANIC WASTE. --
(A) 1,000 REMS PER HOUR. -- No transuranic waste received at
WIPP may have a surface dose rate in excess of 1,000 rems per
hours.
(B) 100 REMS PER HOUR. -- No more than 5 percent by volume of
the remote-handled transuranic waste received at WIPP may have a
surface does rate in excess of 100 rems per hour.
(2) CURIE LIMITS FOR REMOTE-HANDLED TRANSURANIC WASTE. --
(A) CURIES PER LITER. -- Remote-handled transuranic waste
received at WIPP shall not exceed 23 curies per liter maximum
activity level (averaged over the volume of the canister).
(B) TOTAL CURIES. -- The total curies of the remote-handled
transuranic waste received at WIPP shall not exceed 5,100,000
curies.
(3) CAPACITY OF WIPP. -- The total capacity of WIPP by volume
is 6.2 million cubic feet of transuranic waste.
(b) REQUIREMENTS FOR COMMENCEMENT OF DISPOSAL OPERATIONS. -- The
Secretary may commence emplacement of transuranic waste underground for
disposal at WIPP only upon completion of --
(1) the Administrator's certification under section 8(d)(1)
that the WIPP facility will comply with the disposal regulations;
(2) the submission to the Congress by the Secretary of plans
for decommissioning WIPP and post-decommissioning management of
the Withdrawal under section 13;
(3) the expiration of the 180-day period beginning on the date
on which the Secretary notifies the Congress that the requirements
of section 9(a)(1) have been met;
(4) the acquisition by the Secretary (whether by purchase,
condemnation, or otherwise) of Federal Oil and Gas Leases No. NMNM
02953 and No. NMNM 02953C, unless the Administrator determines,
under section 4(b)(5), that such acquisition is not required;
(5) the submittal to the Congress by the Secretary of
comprehensive recommendations for the disposal of all transuranic
waste under the control of the Secretary, including a timetable
for the disposal of such waste; and
(6) the completion by the Secretary, with notice and an
opportunity for public comment, of a survey identifying all
transuranic waste types at all sites from which wastes are to be
shipped to WIPP, and --
(A) the results of such survey shall be made available to the
public and be provided to the Administrator; and
(B) such survey shall not be subject to rulemaking or judicial
review.
SEC. 8. ENVIRONMENTAL PROTECTION AGENCY DISPOSAL REGULATIONS.
(a) REINSTATEMENT. --
(1) IN GENERAL. -- Except as provided in paragraph (2), the
disposal regulations issued by the Administrator on September 19,
1985, and contained in subpart B of part 191 of title 40, Code of
Federal Regulations, shall be in effect.
(2) EXCEPTIONS. -- Paragraph (1) shall not apply to --
(A) the 3 aspects of sections 191.15 and 191.16 of such
regulations that were the subject of the remand ordered in Natural
Resources Defense Council, Inc. v. United States Environmental
Protection Agency, 824 F.2d 1258 (1st Cir. 1987); and
(B) the characterization, licensing, construction, operation,
or closure of any site required to be characterized under section
113(a) of Public Law 97-425.
(b) ISSUANCE OF REGULATIONS. --
(1) IN GENERAL. -- Subject to the limitation in paragraph (2),
the Administrator shall issue, not later than 6 months after the
date of the enactment of this Act, final disposal regulations.
Such regulations shall be issued in a rulemaking proceeding
conducted under section 553 of title 5, United States Code, except
that sections 556 and 557 of such title shall not apply.
(2) LIMITATION. -- The regulations required by this subsection
shall not be applicable to the characterization, licensing,
construction, operation, or closure of any site required to be
characterized under section 113(a) of Public Law 97-425.
(c) ISSUANCE OF CRITERIA FOR CERTIFICATION OF COMPLIANCE WITH
DISPOSAL REGULATIONS. --
(1) PROPOSED CRITERIA. -- Not later than 1 year after the date
of the enactment of this Act, the Administrator shall, by rule
pursuant to section 553 of title 5, United States Code, propose
criteria for the Administrator's certification of compliance with
the final disposal regulations, and sections 556 and 557 of such
title shall not apply.
(2) FINAL CRITERIA. -- Not later than 2 years after the date
of the enactment of this Act, the Administrator shall, by rule
pursuant to section 553 of title 5, United States Code, issue
final criteria for the Administrator's certification of compliance
with the final disposal regulations, and sections 556 and 557 of
such title shall not apply.
(d) DISPOSAL REGULATIONS. --
(1) COMPLIANCE WITH DISPOSAL REGULATIONS. --
(A) IN GENERAL. -- The Secretary shall comply at WIPP with the
final disposal regulations. Within 7 years of the date of the
first receipt of transuranic waste at WIPP, the Secretary shall
submit to the Administrator an application for certification of
compliance with such regulations.
(B) CERTIFICATION BY ADMINISTRATOR. -- Within 1 year of
receipt of the application under subparagraph (A), the
Administrator shall certify, by rule pursuant to section 553 of
title 5, United States Code, whether the WIPP facility will comply
with the final disposal regulations, and sections 556 and 557 of
such title shall not apply.
(C) JUDICIAL REVIEW. -- Judicial review of the certification
of the Administrator under subparagraph (B) shall not be
restricted by the provisions of section 221 c. of the Atomic
Energy Act of 1954 (42 U.S.C. 2271(c)).
(D) LIMITATION. -- Any certification of the Administrator
under subparagraph (B) may only be made after the application is
submitted to the Administrator under subparagraph (A).
(2) FAILURE TO CERTIFY. -- Except as provided in paragraph
(3), if, upon the expiration of the 10-year period beginning on
the date of the first receipt of transuranic waste at WIPP, the
Administrator has not certified that the WIPP facility will comply
with the final disposal regulations --
(A) the Secretary shall implement the retrieval plan under
section 10 and the decommissioning and post-decommissioning plans
under section 13;
(B) following implementation of such plans, the land withdrawal
made by section 3(a) shall terminate and the land shall be managed
by the Secretary of the Interior through the Bureau of Land
Management; and
(C)(i) no permit or variance issued with respect to test phase
activities or disposal operations pursuant to section 3004 of the
Solid Waste Disposal Act (42 U.S.C. 6924), or other applicable
hazardous waste laws, with respect to WIPP, shall remain in effect
later than 1 year after implementation of the retrieval plan; and
(ii) all transuranic waste shall be removed from the State
unless, prior to the expiration of such 1-year period, a new
permit or variance is issued pursuant to section 3004 of the Solid
Waste Disposal Act (42 U.S.C. 6924), or other applicable hazardous
waste laws.
(3) EXTENSION OF DEADLINE. -- The 10-year period in paragraph
(2) may be extended once by the Administrator for not more than 2
years, if the Administrator determines that additional time is
necessary for the Administrator to complete the rulemaking under
paragraph (1)(B) or for the Administrator's certification to
become effective under this subsection.
(e) CONFLICT RESOLUTION. -- If the State disagrees with the
Secretary's application under subsection (d)(1)(A), the State may invoke
the conflict resolution provisions of the Agreement.
(f) PERIODIC RECERTIFICATION. --
(1) BY SECRETARY. -- Not later than 5 years after the initial
receipt of transuranic waste for disposal at WIPP, and every 5
years thereafter until the end of the decommissioning phase, the
Secretary shall submit to the Administrator and the State
documentation of continued compliance with the final disposal
regulations.
(2) CONCURRENCE BY ADMINISTRATOR. -- The Administrator shall,
not later than 6 months after receiving a submission under
paragraph (1), determine whether or not the WIPP facility
continues to be in compliance with the final disposal regulations.
A determination under this paragraph shall not be subject to
rulemaking or judicial review.
(g) ENGINEERED AND NATURAL BARRIERS, ETC. -- The Secretary shall use
both engineered and natural barriers, and waste form modifications, at
WIPP to isolate transuranic waste after disposal to the extent necessary
to comply with the final disposal regulations.
SEC. 9. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS.
(a) IN GENERAL. --
(1) APPLICABILITY. -- Beginning on the date of the enactment
of this Act, the Secretary shall comply with respect to WIPP, with
--
(A) the regulations issued by the Administrator establishing
the generally applicable environmental standards for the
management and storage of spent nuclear fuel, high-level
radioactive waste, and transuranic radioactive waste and contained
in subpart A of part 191 of title 40, Code of Federal Regulations;
(B) the Clean Air Act (40 U.S.C. 7401 et seq.);
(C) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
(D) title XIV of the Public Health Service Act (42 U.S.C. 300f
et seq.; commonly referred to as the "Safe Drinking Water Act");
(E) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);
(F) the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(G) all other applicable Federal laws pertaining to public
health and safety or the environment; and
(H) all regulations promulgated, and all permit requirements,
under the laws described in subparagraphs (B) through (G).
(2) PERIODIC OVERSIGHT BY ADMINISTRATOR AND STATE. -- The
Secretary shall, not later than 2 years after the date of the
enactment of this Act, and biennially thereafter, submit
documentation of continued compliance with the laws, regulations,
and permit requirements described in paragraph (1) to the
Administrator, and, with the law described in paragraph (1)(C), to
the State.
(3) DETERMINATION BY ADMINISTRATOR OR STATE. -- The
Administrator or the State, as appropriate, shall determine not
later than 6 months after receiving a submission under paragraph
(2) whether the Secretary is in compliance with the laws,
regulations, and permit requirements described in paragraph (1)
with respect to WIPP.
(b) DETERMINATION OF NONCOMPLIANCE DURING TEST PHASE. --
(1) DETERMINATION BY ADMINISTRATOR. -- If the Administrator
determines at any time during the test phase that the WIPP
facility does not comply with any law, regulation, or permit
requirement described in subsection (a)(1), the Administrator
shall request a remedial plan from the Secretary describing
actions the Secretary will take to comply with such law,
regulation, or permit requirement.
(2) CONSEQUENCES OF NONCOMPLIANCE. -- If --
(A) a remedial plan is not received from the Secretary within 6
months of a determination of noncompliance under paragraph (1);
or
(B) the Administrator determines, by rule pursuant to section
553 of title 5, United States Code, that a remedial plan requested
under paragraph (1) is inadequate to bring the WIPP facility into
compliance;
then the Secretary shall implement the retrieval plan under
section 10 and the decommissioning and post-decommissioning plans
under section 13, and, following implementation of such plans, the
land withdrawal made by section 3(a) shall terminate and the land
shall be managed by the Secretary of the Interior through the
Bureau of Land Management.
(c) DETERMINATION OF NONCOMPLIANCE DURING DISPOSAL PHASE AND
DECOMMISSIONING PHASE. --
(1) DETERMINATION BY THE ADMINISTRATOR. -- If the
Administrator determines at any time during the disposal phase or
decommissioning phase that the WIPP facility does not comply with
any law, regulation, or permit requirement described in subsection
(a)(1), the Administrator shall request a remedial plan from the
Secretary describing actions the Secretary will take to comply
with such law, regulation, or permit requirement.
(2) CONSEQUENCES OF NONCOMPLIANCE. -- If --
(A) a remedial plan is not received from the Secretary within 6
months of a determination of noncompliance under paragraph (1);
or
(B) the Administrator determines, by rule pursuant to section
553 of title 5, United States Code, that a remedial plan requested
under paragraph (1) is inadequate to bring the WIPP facility into
compliance;
then the Secretary shall retrieve, to the extent practicable,
any transuranic waste and any material contaminated by such waste
from underground at WIPP, and implement the decommissioning and
post-decommissioning plans under section 13. Following completion
of such retrieval and implementation of such plans, the land
withdrawal made by section 3(a) shall terminate and the land shall
be managed by the Secretary of the Interior through the Bureau of
Land Management.
(d) SAVINGS PROVISION. -- The authorities provided to the
Administrator and to the State pursuant to this section are in addition
to the enforcement authorities available to the State pursuant to State
law and to the Administrator, the State, and any other person, pursuant
to the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and the Clean
Air Act (40 U.S.C. 7401 et seq.).
SEC. 10. RETRIEVABILITY.
(a) REQUIREMENT OF RETRIEVABILITY. --
(1) IN GENERAL. -- Transuranic waste emplaced in WIPP for
purposes of the test phase shall be retrievable during the test
phase, and for such period of time subsequent to the test phase as
may be needed to provide for its retrieval in the event that --
(A) the Secretary or the Administrator determines that WIPP
does not comply with the final disposal regulations;
(B) the transuranic waste needs to be retrieved for engineering
modification or for repackaging for permanent disposal; or
(C) such retrieval is necessary to protect the public health
and safety and the environment.
(2) ANNUAL DETERMINATION OF RETRIEVABILITY. -- Beginning 1
year after the initial emplacement of transuranic waste
underground at WIPP, and continuing annually throughout the test
phase, the Secretary, after consultation with the Administrator,
shall publish in the Federal Register the Secretary's
determination of whether all such waste emplaced underground at
WIPP remains, and will remain, fully retrievable during the test
phase.
(3) ANNUAL DEMONSTRATION OF RETRIEVABILITY. -- The Secretary
shall demonstrate, on an annual basis, in conjunction with the
determination required in paragraph (2), that a sample of
transuranic waste is retrievable. In making such demonstration,
the Secretary shall not take any action to affect the test phase.
(4) FAILURE TO MAINTAIN RETRIEVABILITY. -- Upon a
determination by the Secretary under paragraph (2) that
transuranic waste cannot remain retrievable, and that corrective
action is not possible, the Administrator and the State may,
pursuant to the authorities provided in the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.) or any other applicable hazardous
waste law, take action to ensure the retrieval or removal of all
transuranic waste in WIPP.
(b) IMPLEMENTATION OF RETRIEVAL PLAN. -- The Secretary shall
implement the retrieval plan or take corrective action to ensure the
retrievability of transuranic waste in the event that a determination is
made under subsection (a)(2) that the waste is not or will not otherwise
remain retrievable.
(c) CONFLICT RESOLUTION. -- The State may invoke the conflict
resolution provisions of the Agreement if it determines that there is an
insufficient basis for the Secretary's annual determination of
retrievability or that the demonstration of retrievability does not
ensure that transuranic waste will be retrievable.
SEC. 11. MINE SAFETY.
(a) MINE SAFETY AND HEALTH ADMINISTRATION. -- The Mine Safety and
Health Administration of the Department of Labor shall inspect WIPP not
less than 4 times each year and in the same manner as it evaluates mine
sites under the Federal Mine Safety and Health Act of 1977 (30 U.S.C.
801 et seq.), and shall provide the results of its inspections to the
Secretary. The Secretary shall make the results of such inspections
publicly available and shall take necessary actions to ensure the prompt
and effective correction of any deficiency, including suspending
specific activities as necessary to address identified health and safety
deficiencies.
(b) BUREAU OF MINES. -- The Bureau of Mines of the Department of the
Interior shall prepare an annual evaluation of the safety of WIPP.
SEC. 12. BAN ON HIGH-LEVEL RADIOACTIVE WASTE AND SPENT NUCLEAR FUEL.
The Secretary shall not transport high-level radioactive waste or
spent nuclear fuel to WIPP or emplace or dispose of such waste or fuel
at WIPP.
SEC. 13. DECOMMISSIONING OF WIPP.
(a) PLAN FOR WIPP DECOMMISSIONING. -- Within 5 years after the date
of the enactment of this Act, the Secretary shall submit to the
Congress, the State, the Secretary of the Interior, and the
Administrator, a plan for the decommissioning of WIPP. In addition to
activities required under the Agreement, the plan shall conform to the
disposal regulations that apply to WIPP at the time the plan is
prepared. The Secretary shall consult with the Secretary of the
Interior and the State in the preparation of such plan.
(b) MANAGEMENT PLAN FOR THE WITHDRAWAL AFTER DECOMMISSIONING. --
Within 5 years after the date of the enactment of this Act, the
Secretary shall develop a plan for the management and use of the
Withdrawal following the decommissioning of WIPP or the termination of
the land withdrawal. The Secretary shall consult with the Secretary of
the Interior and the State in the preparation of such plan and shall
submit such plan to the Congress.
SEC. 14. SAVINGS PROVISIONS.
(a) CAA AND SWDA. -- No provision of this Act may be construed to
supersede or modify the provisions of the Clean Air Act (42 U.S.C. 7401
et seq.) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(b) EXISTING AUTHORITY OF EPA AND STATE. -- No provision of this Act
may be construed to limit, or in any manner affect, the Administrator's
or the State's authority to enforce, or the Secretary's obligation to
comply with --
(1) the Clean Air Act (42 U.S.C. 7401 et seq.);
(2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
including all terms and conditions of the No-Migration
Determination; or
(3) any other applicable clean air or hazardous waste law.
SEC. 15. ECONOMIC ASSISTANCE AND MISCELLANEOUS PAYMENTS.
(a) 15-YEAR AUTHORIZATION. -- There are authorized to be
appropriated to the Secretary for payments to the State $20,000,000 for
each of the 15 fiscal years beginning with the fiscal year in which the
transport of transuranic waste to WIPP is initiated.
(b) SUBSEQUENT AUTHORIZATIONS. -- There are authorized to be
appropriated to the Secretary, for payments to the State for any fiscal
year after the last fiscal year to which subsection (a) applies, such
sums as the Congress may, by law, authorize to be appropriated.
(c) INFLATION ADJUSTMENT. --
(1) IN GENERAL. -- In the case of any fiscal year after the
first fiscal year to which subsection (a) applies, the dollar
amount specified in such subsection shall be increased or
decreased, as the case may be, by an amount equal to --
(A) such dollar amount; multiplied by
(B) the inflation increase or decrease determined under
paragraph (2).
(2) CALCULATION OF INFLATION INCREASE OR DECREASE. -- For
purposes of paragraph (1), the inflation increase or decrease for
any fiscal year is the percentage (if any) by which the inflation
index for the preceding fiscal year is greater than or less than,
as the case may be, the inflation index for the fiscal year prior
to the first fiscal year to which subsection (a) applies.
(3) INFLATION INDEX. -- For purposes of paragraph (2), the
inflation index for any fiscal year is the average of the Consumer
Price Index (as published by the Department of Labor) for the 12
months in such fiscal year.
(d) ELIGIBLE ASSISTANCE. -- A portion of the payments under this
section --
(1) shall be made available to units of local government in Lea
and Eddy counties in the State; and
(2) may also be provided for independent environmental
assessment and economic studies associated with WIPP.
SEC. 16. TRANSPORTATION.
(a) SHIPPING CONTAINERS. -- No transuranic waste may be transported
by or for the Secretary to or from WIPP, except in packages --
(1) the design of which has been certified by the Nuclear
Regulatory Commission; and
(2) that have been determined by the Nuclear Regulatory
Commission to satisfy its quality assurance requirements.
The determination under paragraph (2) shall not be subject to rulemaking
or judical review.
(b) NOTIFICATION. -- In addition to activities required pursuant to
the Supplemental Stipulated Agreement, prior to any transportation of
transuranic waste by or for the Secretary to or from WIPP, the Secretary
shall provide advance notification to States and Indian tribes through
whose jurisdiction the Secretary plans to transport transuranic waste to
or from WIPP.
(c) ACCIDENT PREVENTION AND EMERGENCY PREPAREDNESS. --
(1) TRAINING. --
(A) IN GENERAL. -- In addition to activities required pursuant
to the Supplemental Stipulated Agreement, the Secretary shall, to
the extent provided in appropriation Acts, provide technical
assistance and funds for the purpose of training public safety
officials, and other emergency responders as described in part
1910.120 of title 29, Code of Federal Regulations, in any State or
Indian tribe through whose jurisdiction the Secretary plans to
transport transuranic waste to or from WIPP. Within 30 days of
the date of the enactment of this Act, the Secretary shall submit
a report to the Congress and to the States and Indian tribes
through whose jurisdiction the Secretary plans to transport
transuranic waste on the training provided through fiscal year
1992.
(B) ONGOING TRAINING. -- If determined by the Secretary, in
consultation with affected States and Indian tribes, to be
necessary and appropriate, training described in subparagraph (A)
shall continue after the date of the enactment of this Act until
the transuranic waste shipments to or from WIPP have been
terminated.
(C) REVIEW OF TRAINING. -- The Secretary shall periodically
review the training provided pursuant to subparagraph (A) in
consultation with affected States and Indian tribes. The training
shall also be reviewed by the Occupational Safety and Health
Administration, and the National Institute for Occupational Safety
and Health, for compliance with part 1910.120 of title 29, Code of
Federal Regulations.
(D) COMPONENTS OF TRAINING. -- The training shall cover
procedures required for the safe routine transportation of
transuranic waste, as well as procedures for dealing with
emergency response situations, including --
(i) instruction of government officials and public safety
officers in procedures for the command and control of the response
to any incident involving the waste;
(ii) instruction of emergency response personnel in procedures
for the initial response to an incident involving transuranic
waste being transported to or from WIPP;
(iii) instruction of radiological protection and emergency
medical personnel in procedures for responding to an incident
involving transuranic waste being transported to or from WIPP;
and
(iv) a program to provide information to the public about the
transportation of transuranic waste to or from WIPP.
(2) EQUIPMENT. -- The Secretary shall enter into agreements to
assist States through monetary grants or contributions in-kind, to
the extent provided in appropriation Acts, in acquiring equipment
for response to an incident involving transuranic waste
transported to or from WIPP.
(d) TRANSPORTATION SAFETY PROGRAMS. -- The Secretary shall, to the
extent provided in appropriation Acts, provide in-kind, financial,
technical, and other appropriate assistance to any State or Indian tribe
through whose jurisdiction the Secretary plans to transport transuranic
waste to or from WIPP, for the purpose of WIPP-specific transportation
safety programs not otherwise addressed in this section. These programs
shall be developed with, and monitored by, the Secretary.
(e) SANTA FE BYPASS. -- No transuranic waste may be transported from
the Los Alamos National Laboratory to WIPP until --
(1) an amount of funds sufficient to construct the Santa Fe
bypass has been made available to the State;
(2) the Santa Fe bypass has been completed; or
(3) the Administrator has made the certification required under
section 8(d)(1)(B).
(f) STUDY OF TRANSPORTATION ALTERNATIVES. --
(1) IN GENERAL. -- The Secretary shall conduct a study
comparing the shipment of transuranic waste to the WIPP facility
by truck and by rail, including the use of dedicated trains, and
shall submit a report on the study in accordance with paragraph
(2). Such report shall include --
(A) a consideration of occupational and public risks and
exposures, and other environmental impacts;
(B) a consideration of emergency response capabilities; and
(C) an estimation of comparative costs.
(2) REPORT. -- The report required in paragraph (1) shall be
submitted to the Congress not later than 1 year after the date of
the enactment of this Act.
(g) EMERGENCY RESPONSE MEDICAL TRAINING. --
(1) DETERMINATION OF SECRETARY. -- If the Secretary determines
that emergency response medical training for incidents involving
transuranic waste being transported to or from WIPP is inadequate,
the Secretary shall take immediate action to correct the
inadequacies and, if necessary, suspend transportation of such
transuranic waste. If the State disagrees with the Secretary's
determination under this paragraph, the State may invoke the
conflict resolution provisions of the Agreement.
(2) STATE ADVISORY GROUP. -- The Secretary shall encourage the
Governor of the State to appoint, within 30 days after the date of
the enactment of this Act, an advisory group of health
professionals and other experts in the field to review emergency
response medical training programs for incidents involving
transuranic waste being transported to or from WIPP. If such
advisory group is established --
(A) its purpose shall be to review, within 60 days after its
establishment and annually thereafter, the Department of Energy's
emergency response medical training programs for incidents
involving transuranic waste being transported to or from WIPP, and
to report its findings to the State, the Secretary of Labor,
acting through the Occupational Safety and Health Administration,
and the Secretary; and
(B) the Secretary shall review the findings of the advisory
group in consultation with the Secretary of Labor, acting through
the Occupational Safety and Health Administration.
SEC. 17. ACCESS TO INFORMATION.
(a) IN GENERAL. -- The Secretary shall --
(1) provide the State, the National Academy of Sciences, and
the EEG with free and timely access to data relating to health,
safety, or environmental issues at WIPP;
(2) provide the State and the EEG with preliminary reports
relating to health, safety, or environmental issues at WIPP; and
(3) to the extent practicable, permit the State and the EEG to
attend meetings relating to health, safety, or environmental
issues at WIPP with expert panels and peer review groups.
(b) EVALUATION AND PUBLICATION. -- The State, the National Academy
of Sciences, and the EEG may evaluate and publish analyses of the
Secretary's plans for test phase activities, monitoring, transportation,
operations, decontamination, retrieval, performance assessment,
compliance with Environmental Protection Agency regulations,
decommissioning, safety analyses, and other activities relating to WIPP.
(c) CONSULTATION AND COOPERATION. -- The Secretary shall consult and
cooperate with the EEG under the terms of Contract No. DE-AC04-89AL58309
in the performance of its responsibility to conduct an independent
technical review and evaluation of WIPP under section 1433 of the
National Defense Authorization Act, Fiscal Year 1989 (102 Stat. 2073).
SEC. 18. JUDICIAL REVIEW OF EPA ACTIONS.
A civil action for judicial review of any final action of the
Administrator under this Act may be brought only in the United States
Court of Appeals for the Tenth Circuit or for the District of Columbia,
and shall be brought not later than the 60th day after the date of such
final action.
SEC. 19. TECHNOLOGY STUDY.
Within 3 years after the date of the enactment of this Act, the
Secretary shall submit to the Congress a study reviewing the
technologies that are available and that are being developed for the
processing or reduction of volumes of radioactive wastes. The study
shall include an identification of technologies involving the use of
chemical, physical, and thermal (including plasma) processing
techniques.
SEC. 20. STATEMENT FOR PURPOSES OF PUBLIC LAW 96-164.
For purposes of subsection (c) of section 213 of the Department of
Energy National Security and Military Applications of Nuclear Energy
Authorization Act of 1980 (Pub. L. 96-164; 93 Stat. 1265), this Act
shall be considered to amend such section.
SEC. 21. CONSULTATION AND COOPERATION AGREEMENT.
Nothing in this Act shall affect the Agreement or the Supplemental
Stipulated Agreement between the State and the United States Department
of Energy except as explicitly stated herein.
SEC. 22. BUY AMERICAN REQUIREMENTS.
(a) COMPLIANCE WITH BUY AMERICAN ACT. -- No funds appropriated or
transferred pursuant to this Act may be expended by an entity unless the
entity agrees that in expending the assistance the entity will comply
with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C.
10a-10c, popularly known as the "Buy American Act").
(b) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS. --
(1) IN GENERAL. -- In the case of any equipment or product
that may be authorized to be purchased with financial assistance
provided under this Act, it is the sense of the Congress that
entities receiving the assistance should, in expending the
assistance, purchase only American-made equipment and products.
(2) NOTICE TO RECIPIENTS OF ASSISTANCE. -- In providing
financial assistance under this Act, the Secretary shall provide
to each recipient of the assistance a notice describing the
statement made in paragraph (1) by the Congress.
SEC. 23. AUTHORIZATIONS OF APPROPRIATIONS.
(a) FOR ADMINISTRATOR. --
(1) IN GENERAL. -- There are authorized to be appropriated to
the Administrator for the purpose of fulfilling the
responsibilities of the Administrator under this Act, $10,000,000
for fiscal year 1992, $12,000,000 for fiscal year 1993,
$14,000,000 for fiscal year 1994, and such sums as may be
necessary for fiscal years 1995 through 2001.
(2) REPORT. -- The Administrator shall, not later than
September 30, 1993, and annually thereafter, issue a report to the
Congress on the status of and resources required for the
fulfillment of the Administrator's responsibilities under this
Act.
(b) TRANSFERS FROM SECRETARY TO ADMINISTRATOR AND SECRETARY OF LABOR.
-- The Secretary is authorized to transfer from amounts appropriated
for environmental restoration and waste management for fiscal years 1992
and 1993, and (to the extent approved in appropriation Acts) for fiscal
years 1994 through 2001, such sums as may be necessary to fulfill the
responsibilities of the Administrator under this Act and the Secretary
of Labor under paragraphs (4) and (6) of section 6(b).
(c) ACQUISITION OF LEASEHOLD. -- There are authorized to be
appropriated to the Secretary such sums as may be necessary to acquire
the Federal Oil and Gas Leases No. NMNM 02953 and No. NMNM 02953C.
Approved October 30, 1992.
LEGISLATIVE HISTORY -- S. 1671 (H.R. 2637):
HOUSE REPORTS: No. 102-241, Pt. 1 (Comm. on Interior and Insular
Affairs), Pt. 2 (Comm. on Armed Services), and Pt. 3 (Comm. on Energy
and Commerce) all accompanying H.R. 2673, and No. 102-137 (Comm. of
Conference).
SENATE REPORTS: No. 102-196 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD: Vol. 137 (1991): Nov. 5, considered and
passed Senate. Vol. 138 (1992): July 21, H.R. 2637 considered and
passed House; S. 1671, amended, passed in lieu. Oct. 5, House agreed
to conference report. Oct. 8, Senate agreed to conference report.
Public Law 102-578, 106 Stat. 4774
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "38 USC 101 note" SHORT TITLE.
This Act may be cited as the "Veterans' Radiation Exposure Amendments
of 1992".
SEC. 2. EXPANSION OF LIST OF DISEASE PRESUMED TO BE SERVICE
CONNECTED FOR CERTAIN RADIATION-EXPOSED VETERANS AND ELIMINATION OF
LATENCY-PERIOD LIMITATIONS.
(a) IN GENERAL. -- Section 1112(c) of title 38, United States Code,
is amended --
(1) in paragraph (1), by striking out "to a degree" and all
that follows through "subsection)";
(2) in paragraph (2), by adding at the end the following
new subparagraphs:
"(N) Cancer of the salivary gland.
"(O) Cancer of the urinary tract.";
(3) by striking out paragraph (3); and
(4) by redesignating paragraph (4) as paragraph (3).
(b) EFFECTIVE DATE. -- The amendments made by subsection (a) "38 USC
1112 note" shall take effect on October 1, 1992.
SEC. 3. IDENTIFICATION OF CERTAIN ACTIVITIES RELATING TO EXPOSURE TO
IONIZING RADIATION.
The Veterans' Dioxin and Radiation Exposure Compensation Standards
Act (38 U.S.C. 1154 note) is amended by adding at the end the following
new section:
"SEC. 10. "38 USC 1154 note" (a) IN GENERAL. -- (1) In order to
determine whether activities (other than the tests or occupation
activities referred to in section 5(a)(1)(B)) resulted in the exposure
of veterans to ionizing radiation during the service of such veterans
that occurred before January 1, 1970, and whether adverse health effects
have been observed or may have resulted from such exposure in a
significant number of such veterans, the Advisory Committee established
under section 6 shall --
"(A) review all available scientific studies and other relevant
information relating to the exposure of such veterans to ionizing
radiation during such service;
"(B) identify any activity during which significant numbers of
veterans received exposure; and
"(C) on the basis of such review, submit to the Secretary of
Veterans Affairs a report containing the recommendation of the
Advisory Committee on the feasibility and appropriateness for the
purpose of the determination under this paragraph of any
additional investigation with respect to any activity of such
veterans during such service.
"(2) Upon the request of the Advisory Committee, the Secretary of
Veterans Affairs (after seeking such assistance from the Secretary of
Defense as is necessary and appropriate) shall make available to the
Advisory Committee records and other information relating to the service
referred to in paragraph (1) that may assist the Advisory Committee in
carrying out the review and recommendation referred to in that
paragraph.
"(3) The Advisory Committee shall submit to the Secretary of Veterans
Affairs the report referred to in paragraph (1)(C) not later than August
1, 1993.
"(b) INVESTIGATION PLAN AND REPORT. -- (1) Upon receipt of the
report referred to in subparagraph (C) of subsection (a)(1), the
Secretary of Veterans Affairs shall --
"(A) identify which of the activities referred to in that
subparagraph, if any, that the Secretary intends to investigate
more fully for the purpose of making the determination referred to
in that subsection; and
"(B) prepare a plan (including a deadline for the plan) to
carry out that investigation and make that determination.
"(2) Not later than December 1, 1993, the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and House of
Representatives a report containing --
"(A) a list of the activities identified by the Secretary
pursuant to paragraph (1)(A) and the basis of such identification;
"(B) a copy of the report of the Advisory Committee referred
to in subsection (a)(1)(C); and
"(C) the plan referred to in paragraph (1)(B).".
SEC. 4. REVIEW OF BRONCHIO-ALVEOLAR CARCINOMA.
(a) ADVISORY COMMITTEE REVIEW. -- The Secretary of Veterans Affairs
shall direct the Advisory Committee on Environmental Hazards to review
pertinent scientific data relating to bronchio-alveolar carcinoma to
determine whether such disease entity should be considered to be
radiogenic. Based on its review, the Advisory Committee shall report
its findings to the Secretary.
(b) DECISION BY SECRETARY. -- The Secretary, based on the Advisory
Committee's findings, shall, not later than April 1, 1993, submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives a report setting forth the Secretary's decision as to
whether such disease entity should be presumed to be service connected
if suffered by a radiation-exposed veteran (as defined by section
1112(c)(4)(A) of title 38, United States Code).
Approved October 30, 1992.
LEGISLATIVE HISTORY -- S. 775:
SENATE REPORTS: No. 102-139 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD: Vol. 137 (1991): Nov. 20, considered and
passed Senate. Vol. 138 (1992): Sept. 30, considered and passed House,
amended. Oct. 7, Senate concurred in House amendments.
Public Law 102-577, 106 Stat. 4772
Whereas neurofibromatosis is a genetic disorder that causes tumors to
grow in the human nervous system;
Whereas neurofibromatosis is the most common tumor-causing genetic
disorder of the nervous system;
Whereas neurofibromatosis leads to disfigurement, blindness,
deafness, loss of limbs, scoliosis, and brain and spinal tumors;
Whereas neurofibromatosis is a potentially debilitating disorder that
strikes males and females of all races and ethnic groups;
Whereas great strides have been made in neurofibromatosis research
with the discovery of the neurofibromatosis gene and its product and
function as well as the cloning of the NF1 gene;
Whereas the neurofibromatosis gene is known to be a tumor suppressor
gene, research into neurofibromatosis has profound significance for
investigations into the causes of cancer;
Whereas an animal model for NF1 has recently been found;
Whereas a candidate gene for NF2 has also been discovered;
Whereas because the incidence of learning disabilities in the
population of individuals suffering from neurofibromatosis is 5 times
greater than in the general population, progress in neurofibromatosis
research is important to achieving a better understanding of the causes
of learning disabilities, which affect more than 30 million Americans;
and
Whereas the National Neurofibromatosis Foundation, Inc., a voluntary
health organization with chapters across the United States, was
established to serve individuals with neurofibromatosis and their
families, to promote and support biomedical research on
neurofibromatosis, and to increase public awareness of neurofibromatosis
and its consequences: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That November 1992 is
designated as "Neurofibromatosis Awareness Month". The President is
authorized and requested to issue a proclamation calling on the people
of the United States to observe the month with appropriate ceremonies
and activities.
Approved October 30, 1992.
LEGISLATIVE HISTORY -- H.J. Res. 422:
CONGRESSIONAL RECORD, Vol. 138 (1992): Sept. 10, considered and
passed House. Oct. 8, considered and passed Senate.
Public Law 102-576, 106 Stat. 4770
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 281 note" SHORT TITLE.
This Act may be cited as the "Nez Perce National Historical Park
Additions Act of 1991".
SEC. 2. AMENDMENTS TO ACT DESIGNATING NEZ PERCE NATIONAL HISTORICAL
PARK.
The Act entitled "An Act to authorize the Secretary of the Interior
to designate the Nez Perce National Historical Park in the State of
Idaho, and for other purposes", approved May 15, 1965 (79 Stat. 110; 16
U.S.C. 281 and following) is amended as follows:
(1) In section 1, "16 USC 281" insert after "the Nez Perce
Country of Idaho" the words "and in the States of Oregon,
Washington, Montana, and Wyoming".
(2) Add the following at the end of section 2 "16 USC 281a":
"Sites to be so designated shall include --
"(1) Tolo Lake, Idaho;
"(2) Looking Glass' 1877 Campsite, Idaho;
"(3) Buffalo Eddy, Washington and Idaho;
"(4) Traditional Crossing Near Doug Bar, Oregon and Idaho;
"(5) Camas Meadows Battle Sites, Idaho;
"(6) Joseph Canyon Viewpoint, Oregon;
"(7) Traditional Campsite at the Fork of the Lostine and
Wallowa Rivers, Oregon;
"(8) Burial Site of Chief Joseph the Younger, Washington;
"(9) Nez Perce Campsites, Washington;
"(10) Big Hole National Battlefield, Montana;
"(11) Bear's Paw Battleground, Montana;
"(12) Canyon Creek, Montana; and
"(13) Hasotino Village, Idaho;
each as described in the National Park Service document entitled 'Nez
Perce National Historical Park Additions Study', dated 1990 and Old
Chief Joseph's Gravesite and Cemetery, Oregon, as depicted on the map
entitled 'Nez Perce Additions', numbered 429-20-018, and dated
September, 1991. Lands added to the Big Hole National Battlefield,
Montana, pursuant to paragraph (10) shall become part of, and be placed
under the administrative jurisdiction of, the Big Hole National
Battlefield, but may be interpreted in accordance with the purposes of
this Act.".
(3) In section 3, "16 USC 281b" strike the proviso in the first
sentence and insert in lieu thereof the following: "Lands or
interests therein owned by a State or political subdivision of a
State may be acquired under this section only by donation or
exchange. In the case of sites designated as components of the
Nez Perce National Historical Park after November 1, 1991, the
Secretary may not acquire privately owned land or interests in
land without the consent of the owner unless the Secretary finds
that --
"(1) the nature of land use has changed significantly or that
the landowner has demonstrated intent to change the land use
significantly from the condition which existed on the date of the
enactment of the Nez Perce National Historical Park Addition Act
of 1991;
"(2) the acquisition by the Secretary of such land or interest
in land is essential to assure its use for purposes set forth in
this Act; and
"(3) such lands or interests are located --
"(A) within an area depicted on Sheet 3, 4, or 5 of the map
entitled 'Nez Perce Additions', numbered 429-20018, and dated
September 1991, or
"(B) within the 8-acre parcel of Old Chief Joseph's Gravesite
and Cemetery, Oregon, depicted as 'Parcel A' on Sheet 2 of such
map.".
(4) In section 4(a) "16 USC 281c" strike the third sentence.
(5) In section 6(a) "16 USC 281e" strike the words "State of
Idaho, its" and insert in lieu thereof the words "States of Idaho,
Oregon, Washington, Montana, Wyoming, their".
(6) Add the following new subsection at the end of section 6:
"(c) The Secretary shall consult with officials of the Nez Perce
Tribe on the interpretation of the park and its history.".
(7) Section 7 "16 USC 281f" strike "$630,000" and insert
"$2,130,000" and strike "$4,100,000" and insert "$9,300,000".
Approved October 30, 1992.
LEGISLATIVE HISTORY -- H.R. 2032 (S. 550):
HOUSE REPORTS: No. 102-258 (Comm. on Interior and Insular Affairs).
SENATE REPORTS: No. 102-130 accompanying S. 550 (Comm. on Energy and
Natural Resources).
CONGRESSIONAL RECORD: Vol. 137 (1991): July 31, S. 550 considered
and passed Senate, amended. Oct. 21, 22, H.R. 2032 considered and
passed House. Nov. 27, considered and passed Senate, amended. Vol. 138
(1992): June 29, House concurred in certain Senate amendments, in
another with an amendment. Oct. 8, Senate concurred in House amendment.
Public Law 102-575, 106 Stat. 4600
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Reclamation Projects Authorization and
Adjustment Act of 1992".
SEC. 2. "43 USC 371 note" DEFINITION AND TABLE OF CONTENTS.
For purposes of this Act, the term "Secretary" means the Secretary of
the Interior.
Sec. 1. Short title.
Sec. 2. Definition and table of contents.
Sec. 101. Additional authorization of appropriations.
Sec. 200. Short title and definitions for titles II-VI.
Sec. 201. Authorization of additional amounts for the Colorado River
Storage Project.
Sec. 202. Bonneville Unit water development.
Sec. 203. Uinta Basin Replacement Project.
Sec. 204. Non-Federal contribution.
Sec. 205. Definite Plan Report and environmental compliance.
Sec. 206. Local development in lieu of irrigation and drainage.
Sec. 207. Water management improvement.
Sec. 208. Limitation on hydropower operations.
Sec. 209. Operating agreements.
Sec. 210. Jordan Aqueduct prepayment.
Sec. 211. Audit of Central Utah Project cost allocations.
Sec. 212. Surplus crops.
Sec. 301. Utah Reclamation Mitigation and Conservation Commission.
Sec. 302. Increased project water capability.
Sec. 303. Stream flows.
Sec. 304. Fish, wildlife, and recreation projects identified or
proposed in the 1988 Definite Plan Report for the Central Utah Project.
Sec. 305. Wildlife lands and improvements.
Sec. 306. Wetlands acquisition, rehabilitation, and enhancement.
Sec. 307. Fisheries acquisition, rehabilitation, and enhancement.
Sec. 308. Stabilization of high mountain lakes in the Uinta
mountains.
Sec. 309. Stream access and riparian habitat development.
Sec. 310. Section 8 expenses.
Sec. 311. Jordan and Provo River Parkways and natural areas.
Sec. 312. Recreation.
Sec. 313. Fish and wildlife features in the Colorado River Storage
Project.
Sec. 314. Concurrent mitigation appropriations.
Sec. 315. Fish, wildlife, and recreation schedule.
Sec. 401. Findings and purpose.
Sec. 402. Utah Reclamation Mitigation and Conservation Account.
Sec. 501. Findings.
Sec. 502. Provisions for payment to the Ute Indian Tribe.
Sec. 503. Tribal use of water.
Sec. 504. Tribal farming operations.
Sec. 505. Reservoirs, stream, habitat, and road improvements with
respect to the Ute Indian Reservation.
Sec. 506. Tribal development funds.
Sec. 507. Waiver of claims.
Sec. 701. Authorization.
Sec. 702. Costs nonreimbursable.
Sec. 703. Operation and maintenance.
Sec. 704. Appropriations authorized.
Sec. 705. Limitation.
Sec. 706. Design and operation notification.
Sec. 707. Fish and wildlife restoration.
Sec. 708. Water quality restoration.
Sec. 801. Authorization to construct and test.
Sec. 802. Construction contract with the Canadian River Municipal
Water Authority.
Sec. 803. Project costs.
Sec. 804. Construction and control.
Sec. 805. Transfer of title.
Sec. 806. Authorization.
Sec. 901. Authorization.
Sec. 902. Contract.
Sec. 903. Contract.
Sec. 904. Transfer of district headquarters.
Sec. 905. Liability and indemnification.
Sec. 906. Additional actions.
Sec. 1001. Authorization for South Dakota water planning studies.
Sec. 1101. Research project.
Sec. 1201. Consent to amendment to Sabine River compact.
Sec. 1202. Compact described.
Sec. 1203. Amendment.
Sec. 1301. Designation.
Sec. 1302. References.
Sec. 1501. Permit issuance prohibited.
Sec. 1502. Judicial review.
Sec. 1503. Costs.
Sec. 1504. Disclaimers.
Sec. 1601. Short title.
Sec. 1602. General authority.
Sec. 1603. Appraisal investigations.
Sec. 1604. Feasibility studies.
Sec. 1605. Research and demonstration projects.
Sec. 1606. Southern California comprehensive water reclamation and
reuse study.
Sec. 1607. San Jose area water reclamation and reuse program.
Sec. 1608. Phoenix metropolitan water reclamation study and program.
Sec. 1609. Tucson area water reclamation study.
Sec. 1610. Lake Cheraw water reclamation and reuse study.
Sec. 1611. San Francisco area water reclamation study.
Sec. 1612. San Diego area water reclamation program.
Sec. 1613. Los Angeles area water reclamation and reuse project.
Sec. 1614. San Gabriel Basin demonstration project.
Sec. 1615. Authorization of appropriations.
Sec. 1616. Ground water study.
Sec. 1617. Authorization of appropriations.
Sec. 1701. Irrigation on Standing Rock Indian Reservation.
Sec. 1801. Short title.
Sec. 1802. Protection of Grand Canyon National Park.
Sec. 1803. Interim protection of Grand Canyon National Park.
Sec. 1804. Glen Canyon Dam environmental impact statement;
long-term operation of Glen Canyon Dam.
Sec. 1805. Long-term monitoring.
Sec. 1806. Rules of construction.
Sec. 1807. Studies nonreimbursable.
Sec. 1808. Authorization of appropriations.
Sec. 1809. Replacement power.
Sec. 1901. Short title.
Sec. 1902. Definitions.
Sec. 1903. Federal assistance for rural water system.
Sec. 1904. Federal assistance for wetland development and
enhancement.
Sec. 1905. Water conservation.
Sec. 1906. Mitigation of fish and wildlife losses.
Sec. 1907. Use of Pick-Sloan power.
Sec. 1908. Rule of construction.
Sec. 1909. Water rights.
Sec. 1910. Use of government facilities.
Sec. 1911. Authorization of appropriations.
Sec. 2001. Short title.
Sec. 2002. Demonstration program.
Sec. 2003. Planning reports -- environmental impact statements.
Sec. 2004. Authorization of the Lake Andes-Wagner Unit and the Marty
II Unit, South Dakota.
Sec. 2005. Conditions.
Sec. 2006. Indian employment.
Sec. 2007. Federal reclamation laws govern.
Sec. 2008. Cost sharing.
Sec. 2009. Authorization of appropriations.
Sec. 2010. Indian water rights.
Sec. 2101. Clarification of cost-share requirements.
Sec. 2201. Conveyance to Sunnyside Valley Irrigation District.
Sec. 2301. Findings and declarations.
Sec. 2302. Transfer of operation and maintenance responsibility of
Platoro Reservoir.
Sec. 2303. Definitions.
Sec. 2401. Sale of Bureau of Reclamation loans.
Sec. 2402. Savings provisions.
Sec. 2403. Fees and expenses of program.
Sec. 2404. Termination of authority.
Sec. 2501. Sale of the Freeman Diversion Improvement Project loan.
Sec. 2502. Termination and conveyance of rights.
Sec. 2503. Termination of authority.
Sec. 2601. High Plains States Groundwater Demonstration Program Act.
Sec. 2701. Pick-Sloan project pumping power.
Sec. 2801. Short title.
Sec. 2802. Findings.
Sec. 2803. Definitions.
Sec. 2804. Amendments to the Federal Water Project Recreation Act.
Sec. 2805. Management of reclamation lands.
Sec. 2806. Protection of authorized purposes of reclamation
projects.
Sec. 2901. Repayment of water pumps, San Juan Suburban Water
District, Central Valley Project, California.
Sec. 3001. Short title.
Sec. 3002. Congressional findings.
Sec. 3003. Presidential review.
Sec. 3004. The Advisory Commission.
Sec. 3005. Duties of the Commission.
Sec. 3006. Representatives.
Sec. 3007. Powers of the Commission.
Sec. 3008. Powers and duties of the Chairman.
Sec. 3009. Other Federal agencies.
Sec. 3010. Appropriations.
Sec. 3101. Payment by Mountain Park Master Conservancy District.
Sec. 3102. Reschedule of repayment obligation.
Sec. 3201. South Dakota biological diversity trust.
Sec. 3202. Definitions.
Sec. 3203. Wetland trust.
Sec. 3204. Authorization of appropriations.
Sec. 3301. Transfer.
Sec. 3302. Limitation.
Sec. 3303. Effect of Act on other laws.
Sec. 3401. Short title.
Sec. 3402. Purposes.
Sec. 3403. Definitions.
Sec. 3404. Limitation on contracting and contract reform.
Sec. 3405. Water transfers, improved water management and
conservation.
Sec. 3406. Fish, wildlife and habitat restoration.
Sec. 3407. Restoration fund.
Sec. 3408. Additional authorities.
Sec. 3409. Environmental review.
Sec. 3410. Authorization of appropriations.
Sec. 3411. Compliance with State water law and coordinated
operations agreement.
Sec. 3412. Extension of the Tehama-Colusa Canal service area.
Sec. 3501. Short title.
Sec. 3502. Definitions.
Sec. 3503. Findings; Declarations.
Sec. 3504. Funds.
Sec. 3505. Eligibility for other services not affected.
Sec. 3506. Per capita payments prohibited.
Sec. 3507. Standing Rock Sioux Indian Reservation.
Sec. 3508. Transfer of lands.
Sec. 3509. Transfer of lands at the Ohae Dam and Lake project.
Sec. 3510. Conforming amendment.
Sec. 3511. Authorization.
Sec. 3601. Sonoma Baylands wetland demonstration project.
Sec. 3701. Short title.
Sec. 3702. Congressional findings.
Sec. 3703. Definitions.
Sec. 3704. Water.
Sec. 3705. Ratification and confirmation of contracts.
Sec. 3706. Water delivery contract amendments; water lease, water
withdrawal.
Sec. 3707. Construction and rehabilitation; trust fund.
Sec. 3708. Satisfaction of claims.
Sec. 3709. Environmental compliance.
Sec. 3710. Miscellaneous provisions.
Sec. 3711. Effective date.
Sec. 4001. Short title.
Sec. 4002. Policy.
Sec. 4003. Review of threats to properties.
Sec. 4004. State historic preservation programs.
Sec. 4005. Certification of local governments.
Sec. 4006. Tribal historic preservation programs.
Sec. 4007. Matching grants.
Sec. 4008. Education and training.
Sec. 4009. Requirements for awarding of grants.
Sec. 4010. Apportionment of grant funds.
Sec. 4011. Extension of authorization for historic preservation
fund.
Sec. 4012. Federal agency historic preservation programs.
Sec. 4013. Lease or exchange of Federal housing properties.
Sec. 4014. Professional standards.
Sec. 4015. Interstate and international traffic in antiquities.
Sec. 4016. Membership of advisory council on historic preservation.
Sec. 4017. Authorization of appropriations for advisory council on
historic preservation.
Sec. 4018. Advisory council regulations.
Sec. 4019. Definitions.
Sec. 4020. Access to information.
Sec. 4021. Recommendations.
Sec. 4022. National center for preservation technology and training.
Sec. 4023. Requirement for specific authorization for projects under
the Historic Sites, Buildings, and Antiquities Act.
SEC. 101. ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.
Title I of Public Law 97-293 (96 Stat. 1261) is amended as follows:
(a) In the second sentence of section 101, by striking "replacing the
existing Shoshone Powerplant," and inserting "constructing power
generating facilities with a total installed capacity of 25.5
megawatts,".
(b) In section 102, amend the heading to read "recreational
facilities, conservation, and fish and wildlife", and add at the end
"The construction of recreational facilities in excess of the amount
required to replace or relocate existing facilities is authorized, and
the costs of such construction shall be borne equally by the United
States and the State of Wyoming pursuant to the Federal Water Project
Recreation Act.".
(c) In section 106(a), strike "for construction of the Buffalo Bill
Dam and Reservoir modifications the sum of $106,700,000 (October 1982
price levels)" and insert "for the Federal share of the construction of
the Buffalo Bill Dam and Reservoir modifications and recreational
facilities the sum of $80,000,000 (October 1988 price levels)", and
strike "modifications" and all that follows and insert "modifications."
in lieu thereof.
(d) There are authorized to be appropriated such sums as may be
required due to increased costs of construction attributable to delays
in enactment of any additional authorization of appropriations for the
construction of the Buffalo Bill Dam and Reservoir modifications and
recreational facilities: Provided, That such additional sums shall be
nonreimbursable and nonreturnable under the Federal reclamation laws.
SEC. 200. SHORT TITLE AND DEFINITIONS FOR TITLES II-VI.
(a) SHORT TITLE. -- Titles II through VI of this Act may be cited as
the "Central Utah Project Completion Act".
(b) DEFINITIONS. -- For the purposes of titles II-VI of this Act:
(1) The term "Bureau" means the Bureau of Reclamation of the
Department of the Interior.
(2) The term "Commission" means the Utah Reclamation Mitigation
and Conservation Commission established by section 301 of this
Act.
(3) The term "conservation measure(s)" means actions taken to
improve the efficiency of the storage, conveyance, distribution,
or use of water, exclusive of dams, reservoirs, or wells.
(4) The term "1988 Definite Plan Report" means the May 1988
Draft Supplement to the Definite Plan Report for the Bonneville
Unit of the Central Utah Project.
(5) The term "District" means the Central Utah Water
Conservancy District.
(6) The term "fish and wildlife resources" means all birds,
fishes, mammals, and all other classes of wild animals and all
types of habitat upon which such fish and wildlife depend.
(7) The term "Interagency Biological Assessment Team" means the
team comprised of representatives from the United States Fish and
Wildlife Service, the United States Forest Service, the Bureau of
Reclamation, the Utah Division of Wildlife Resources, and the
District.
(8) The term "administrative expenses", as used in section
301(i) of this Act, means all expenses necessary for the
Commission to administer its duties other than the cost of the
contracts or other transactions provided for in section 301(f)(3)
for the implementation by public natural resource management
agencies of the mitigation and conservation projects and features
authorized in this Act. Such administrative expenses include but
are not limited to the costs associated with the Commission's
planning, reporting, and public involvement activities, as well as
the salaries, travel expenses, office equipment, and other such
general administrative expenses authorized in this Act.
(9) The term "petitioner(s)" means any person or entity that
petitions the District for an allotment of water pursuant to the
Utah Water Conservancy Act, Utah Code Ann. Sec. 17A-2-1401 et.
seq.
(10) The term "project" means the Central Utah Project.
(11) The term "public involvement" means to request comment on
the scope of and, subsequently, on drafts of proposed actions or
plans, affirmatively soliciting comments, in writing or at public
hearings, from those persons, agencies, or organizations who may
be interested or affected.
(12) The term "Secretary" means the Secretary of the Interior.
(13) The term "section 8" means section 8 of the Act of April
11, 1956 (70 Stat. 110; 43 U.S.C. 620g).
(14) The term "State" means the State of Utah, its political
subdivisions, or its designee.
(15) The term "Stream Flow Agreement" means the agreement
entered into by the United States through the Secretary of the
Interior, the State of Utah, and the Central Utah Water
Conservancy District, dated February 27, 1980, as modified by the
amendment to such agreement, dated September 13, 1990.
SEC. 201. "43 USC 620k note" AUTHORIZATION OF ADDITIONAL AMOUNTS FOR
THE COLORADO RIVER STORAGE PROJECT.
(a)(1) INCREASE IN CRSP AUTHORIZATION. -- In order to provide for
the completion of the Central Utah Project and other features described
in this Act, the amount which section 12 of the Act of April 11, 1956
(70 Stat. 110; 43 U.S.C. 620k), authorizes to be appropriated, which
was increased by the Act of August 10, 1972 (86 Stat. 525; 43 U.S.C.
620k note) and the Act of October 31, 1988 (102 Stat. 2826), is hereby
further increased by $924,206,000 (January 1991) plus or minus such
amounts, if any, as may be required by reason of changes in construction
costs as indicated by engineering cost indexes applicable to the type of
construction involved: Provided, however, That of the amounts
authorized to be appropriated by this section, the Secretary is not
authorized to obligate or expend amounts in excess of $214,352,000 for
the features identified in the Report of the Senate Committee on Energy
and Natural Resources accompanying the bill H.R. 429. This additional
sum shall be available solely for design, engineering, and construction
of the facilities identified in title II of this Act and for the
planning and implementation of the fish and wildlife and recreation
mitigation and conservation projects and studies authorized in titles
III and IV of this Act, and for the Ute Indian Settlement authorized in
title V of this Act.
(2) APPLICATION OF INSPECTOR GENERAL RECOMMENDATIONS. --
Notwithstanding any other provision of law to the contrary, the
Secretary shall implement all the recommendations contained in the
report entitled "Review of the Financial Management of the Colorado
River Storage Project, Bureau of Reclamation (Report No. 88-45, February
1988)", prepared by the Inspector General of the Department of the
Interior, with respect to the funds authorized to be appropriated in
this section.
(b) UTAH RECLAMATION PROJECTS AND FEATURES NOT TO BE FUNDED. --
Notwithstanding the Act of April 11, 1956 (70 Stat. 110; 43 U.S.C.
105), the Act of August 10, 1972 (86 Stat. 525; 43 U.S.C. 620k note),
the Act of October 19, 1980 (94 Stat. 2239; 43 U.S.C. 620), and the Act
of October 31, 1988 (102 Stat. 2826), funds may not be made available,
obligated, or expended for the following Utah reclamation projects and
features:
(1) Fish and wildlife features:
(A) The dam in Bjorkman Hollow.
(B) The Deep Creek pumping plant.
(C) The North Fork pumping plant.
(2) Water development projects and features:
(A) Mosida pumping plant, canals, and laterals.
(B) Draining of Benjamin Slough.
(C) Diking of Goshen or Provo Bays in Utah Lake.
(D) Ute Indian Unit.
(E) Leland Bench development.
(F) All features of the Bonneville Unit, Central Utah Project
not proposed and described in the 1988 Definite Plan Report.
Counties in which the projects and features described in this subsection
were proposed to be located may participate in the local development
projects provided for in section 206.
(c) TERMINATION OF AUTHORIZATION OF APPROPRIATIONS. --
Notwithstanding any provision of the Act of April 11, 1956 (70 Stat.
110; 43 U.S.C. 620k), the Act of September 2, 1964 (78 Stat. 852), the
Act of September 30, 1968 (82 Stat. 885), the Act of August 10, 1972 (86
Stat. 525; 43 U.S.C. 620k note), and the Act of October 31, 1988 (102
Stat. 2826) to the contrary, the authorization of appropriations for
construction of any Colorado River Storage Project participating project
located in the State of Utah shall terminate five years after the date
of enactment of this Act unless: (1) the Secretary executes a
cost-sharing agreement with the District for construction of such
project, and (2) the Secretary has requested, or the Congress has
appropriated, construction funds for such project.
(d) USE OF APPROPRIATED FUNDS. -- Funds authorized pursuant to this
Act shall be appropriated to the Secretary and such appropriations shall
be made immediately available in their entirety to the District and the
Commission as provided for pursuant to the provisions of this Act.
(e) SECRETARIAL RESPONSIBILITY. -- The Secretary is responsible for
carrying out the responsibilities as specifically identified in this Act
and may not delegate his responsibilities under this Act to the Bureau
of Reclamation. The District at its sole option may use the services of
the Bureau of Reclamation on any project features.
SEC. 202. BONNEVILLE UNIT WATER DEVELOPMENT.
(a) Of the amounts authorized to be appropriated in section 201, the
following amounts shall be available only for the following features of
the Bonneville Unit of the Central Utah Project:
(1) IRRIGATION AND DRAINAGE SYSTEM. -- (A) $150,000,000 for
the construction of an enclosed pipeline primary water conveyance
system from Spanish Fork Canyon to Sevier Bridge Reservoir for the
purpose of supplying new and supplemental irrigation water
supplies to Utah, Juab, Millard, Sanpete, Sevier, Garfield, and
Piute Counties. Construction of the facilities specified in the
previous sentence shall be undertaken by the District as specified
in subparagraph (D) of this paragraph. No funds are authorized to
be appropriated for construction of the facilities identified in
this paragraph, except as provided for in subparagraph (D) of this
paragraph.
(B) The authorization to construct the features provided for in
subparagraph (A) shall expire if no federally appropriated funds
to construct such features have been obligated or expended by the
District in accordance with this Act, unless the Secretary
determines the District has complied with sections 202, 204, and
205, within five years from the date of its enactment, or such
longer time as necessitated for --
(i) completion, after the exercise of due diligence, of
compliance measures outlined in a biological opinion issued
pursuant to the Endangered Species Act (16 U.S.C. 1533 et seq.)
for any species that is or may be listed as threatened or
endangered under such Act: Provided, however, That such extension
of time for the expiration of authorization shall not exceed
twelve months beyond the five-year period provided in subparagraph
(B) of this paragraph;
(ii) judicial review of a completed final environmental impact
statement for such features if such review is initiated by parties
other than the District, the State, or petitioners of project
water; or
(iii) a judicial challenge of the Secretary's failure to make a
determination of compliance under this subparagraph.
Provided, however, That in the event that construction is not initiated
on the features provided for in subparagraph (A), $125,000,000 shall
remain authorized pursuant to the provisions of this Act applicable to
subparagraph (A) for the construction of alternate features to deliver
irrigation water to lands in the Utah Lake drainage basin, exclusive of
the features identified in section 201(b).
(C) REQUIREMENT FOR BINDING CONTRACTS. -- Amounts authorized
to carry out subparagraph (A) may not be obligated or expended,
and may not be borrowed against, until binding contracts for the
purchase for the purpose of agricultural irrigation of at least 90
percent of the irrigation water to be delivered from the features
of the Central Utah Project described in subparagraph (A) have
been executed.
(D) In lieu of construction by the Secretary, the Central Utah
Project and features specified in section 202(a)(1) shall be
constructed by the District under the program guidelines
authorized by Drainage Facilities and Minor Construction Act (Act
of June 13, 1956, 70 Stat. 274, 43 U.S.C. 505). The sixty-day
congressional notification of the Secretary's intent to use the
Drainage Facilities and Minor Construction Act program is hereby
waived with respect to construction of the features authorized in
section 202(a)(1). Any such feature shall be operated,
maintained, and repaired by the District in accordance with
repayment contracts and operation and maintenance agreements
previously entered into between the Secretary and the District.
The United States shall not be liable for damages resulting from
the design, construction, operation, maintenance, and replacement
by the District of the features specified in section 202(a)(1).
(2) CONJUNCTIVE USE OF SURFACE AND GROUND WATER. --
$10,000,000 for a feasibility study and development, with public
involvement, by the Utah Division of Water Resources of systems to
allow ground water recharge, management, and the conjunctive use
of surface water resources with ground water resources in Salt
Lake, Utah, Davis, Wasatch, and Weber Counties, Utah.
(3) WASATCH COUNTY WATER EFFICIENCY PROJECT. -- (A) $500,000
for the District to conduct, within two years from the date of
enactment of this Act, a feasibility study with public
involvement, of efficiency improvements in the management,
delivery and treatment of water in Wasatch County, without
interference with downstream water rights. Such feasibility study
shall be developed after consultation with Wasatch County and the
Commission, or the Utah State Division of Wildlife Resources if
the Commission has not been established, and shall identify the
features of the Wasatch County Water Efficiency Project.
(B) $10,000,000 for construction of the Wasatch County Water
Efficiency Project, in addition to funds authorized in section
207(e)(2) for related purposes.
(C) The feasibility study and the Project construction
authorization shall be subject to the non-Federal contribution
requirements of section 204.
(D) The project construction authorization provided in
subparagraph (B) shall expire if no federally appropriated funds
to construct such features have been obligated or expended by the
District in accordance with this Act within five years from the
date of completion of feasibility studies, or such longer times as
necessitated for --
(i) completion, after the exercise of due diligence, of
compliance measures outlined in a biological opinion issued
pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) for any species that is or may be listed as threatened or
endangered under such Act, except that such extension of time for
the expiration of authorization shall not exceed twelve months
beyond the five-year period provided in this subparagraph; or
(ii) judicial review of environmental studies prepared in
compliance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) if such review was initiated by parties other
than the District, the State, or petitioners of project water.
(E) Amounts authorized to carry out subparagraph (B) may not be
obligated or expended, and may not be borrowed against, until
binding contracts for the purchase of at least 90 percent of the
supplemental irrigation project water to be delivered from the
features constructed under subparagraph (B) have been executed.
(F) In lieu of construction by the Secretary, the Central Utah
Project and features specified in section 202(a)(3) shall be
constructed by the District under the program guidelines
authorized by the Drainage Facilities and Minor Construction Act
(Act of June 13, 1956, 70 Stat. 274; 43 U.S.C. 505). The
sixty-day congressional notification of the Secretary's intent to
use the Drainage Facilities and Minor Construction Act program is
hereby waived with respect to construction of the features
authorized in section 202(a)(3). Any such feature may be
operated, maintained, and repaired by the District in accordance
with repayment contracts and operation and maintenance agreements
previously entered into between the Secretary and the District.
The United States shall not be liable for damages resulting from
the design, construction, operation, maintenance, and replacement
by the District of the features specified in section 202(a)(3).
(4) UTAH LAKE SALINITY CONTROL. -- $1,000,000 for the District
to conduct, with public involvement, a feasibility study to reduce
the salinity of Utah Lake.
(5) PROVO RIVER STUDIES. -- (A) $2,000,000 for the District to
conduct, with public involvement:
(i) a hydrologic study that includes a hydrologic model
analysis of the Provo River Basin with all tributaries, water
imports and exports, and diversions, an analysis of expected flows
and storage under varying water conditions, and a comparison of
steady State conditions with proposed demands being placed on the
river and affected water resources, including historical
diversions, decrees, and water rights, and
(ii) a feasibility study of direct delivery of Colorado River
Basin water from the Strawberry Reservoir or elsewhere in the
Strawberry Collection System to the Provo River Basin, including
the Wallsburg Tunnel and other possible importation or exchange
options. The studies shall also evaluate the potential for
changes in existing importation patterns and quantities of water
from the Weber and Duchesne River Basins, and shall describe the
economic and environmental consequences of each alternative
identified. In addition to funds appropriated after the enactment
of this Act, the Secretary is authorized to utilize section 8
funds which may be available from fiscal year 1993 appropriations
for the Central Utah Project for the purposes of carrying out the
studies described in this paragraph.
(B) The cost of the studies provided for in subparagraph (A)
shall be treated as an expense under section 8: Provided,
however, That the cost of such study shall be reallocated
proportionate with project purposes in the event any conveyance
alternative is subsequently authorized and constructed. Within
its available funds, the United States Geological Survey is
directed to consult with the District in the preparation of the
study identified in paragraph (5)(A)(i).
(6) COMPLETION OF DIAMOND FORK SYSTEM. -- (A) Of the amounts
authorized to be appropriated under section 201, $69,000,000 shall
be available to complete construction of the DiamonD Fork System.
(B) In lieu of construction by the Secretary, the facilities
specified in paragraph (A) shall be constructed by the District
under the program guidelines authorized by Drainage Facilities and
Minor Construction Act (Act of June 13, 1956, 70 Stat. 274, 43
U.S.C. 505). The sixty-day congressional notification of the
Secretary's intent to use the Drainage Facilities and Minor
Construction Act program is hereby waived with respect to
construction of the features authorized in section 202(a)(6). Any
such feature may be operated, maintained, and repaired by the
District in accordance with repayment contracts and operation and
maintenance agreements previously entered into between the
Secretary and the District. The United States shall not be liable
for damages resulting from the design, construction, operation,
maintenance, and replacement by the District of the features
specified in subparagraph (A) of this paragraph.
(b) STRAWBERRY WATER USERS ASSOCIATION. -- (1) In exchange for, and
as a precondition to approval of the Strawberry Water Users
Association's petition for Bonneville Unit water, the Secretary, after
consultation with the Secretary of Agriculture, shall impose conditions
on such approval so as to ensure that the Strawberry Water Users
Association shall manage and develop the lands referred to in
subparagraph 4(e)(1)(A) of the Act of October 31, 1988 (102 Stat. 2826,
2828) in a manner compatible with the management and improvement of
adjacent Federal lands for wildlife purposes, natural values, and
recreation.
(2) The Secretary of Agriculture and the Secretary shall not permit
commercial or other development of Federal lands within sections 2 and
13, T. 3 S., R. 12 W., and sections 7 and 8, T. 3 S., R. 11 W., Uintah
Special Meridian. Such Federal lands shall be rehabilitated pursuant to
subsection 4(f) of the Act of October 31, 1988 (102 Stat. 2826, 2828)
and hereafter managed and improved for wildlife purposes, natural
values, and recreation consistent with the Uinta National Forest Land
and Natural Resource Management Plan. This restriction shall not apply
to the 95 acres referred to in the first sentence of subparagraph
4(e)(1)(A) of the Act of October 31, 1988 (102 Stat. 2826, 2828), valid
existing rights, or to uses of such Federal lands by the Secretary of
Agriculture or the Secretary for public purposes.
(c) The Secretary is authorized to utilize any unexpended budget
authority provided in title II and such funds as may be provided by the
Commission for fish and wildlife purposes, to provide 65 percent Federal
share pursuant to section 204, of engineering, design, and construction
of Hatchtown dam in Garfield County and associated facilities to deliver
supplemental project water from Hatchtown dam. The District shall
establish a viable minimum conservation pool in Hatchtown dam and shall
ensure maintenance of viable instream flows in the Sevier River between
Hatchtown dam and the Piute dam with the concurrence of the Commission
and in consultation with the Division of Wildlife Resources of the State
of Utah. The District shall comply with the provisions of section
202(a)(1) with respect to the features to be provided for in this
subsection.
SEC. 203. UINTA BASIN REPLACEMENT PROJECT.
(a) IN GENERAL. -- Of the amounts authorized to be appropriated by
section 201, $30,538,000 shall be available only to increase efficiency,
enhance beneficial uses, and achieve greater water conservation within
the Uinta Basin, as follows:
(1) $13,582,000 for the construction of the Pigeon Water
Reservoir, together with an enclosed pipeline conveyance system to
divert water from Lake Fork River to Pigeon Water Reservoir and
Sandwash Reservoir.
(2) $2,987,000 for the construction of McGuire Draw Reservoir.
(3) $7,669,000 for the construction of Clay Basin Reservoir.
(4) $4,000,000 for the rehabilitation of Farnsworth Canal.
(5) $2,300,000 for the construction of permanent diversion
facilities identified by the Commission on the Duchesne and
Strawberry Rivers, the designs of which shall be approved by the
Federal and State fish and wildlife agencies. The amount
identified in paragraph (5) shall be treated as an expense under
section 8.
(b) EXPIRATION OF AUTHORIZATION. -- The authorization to construct
any of the features provided for in paragraphs (1) through (5) of
subsection (a) --
(1) shall expire if no federally appropriated funds for such
features have been obligated or expended by the District in
accordance with this Act within five years from the date of
completion of feasibility studies, or such longer time as
necessitated for --
(A) completion, after the exercise of due diligence, of
compliance measures outlined in a biological opinion issued
pursuant to the Endangered Species Act (16 U.S.C. 1533 et seq.)
for any species that is or may be listed as threatened or
endangered under such Act: Provided, however, That such extension
of time for the expiration of authorization shall not exceed 12
months beyond the five-year period provided in this paragraph; or
(B) judicial review of environmental studies prepared in
compliance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) if such review was initiated by parties other
than the District, the State, or petitioners of project water;
and
(2) shall expire if the Secretary determines that such feature
is not feasible.
(c) REQUIREMENT FOR BINDING CONTRACTS. -- Amounts authorized to
carry out subsection (a), paragraphs (1) through (4) may not be
obligated or expended, and may not be borrowed against, until binding
contracts for the purchase of at least 90 percent of the supplemental
irrigation water to be delivered from the features of the Central Utah
Project described in subsection (a), paragraphs (1) through (4) have
been executed.
(d) NON-FEDERAL OPTION. -- In lieu of construction by the Secretary,
the features described in subsection (a), paragraphs (1) through (5)
shall be constructed by the District under the program guidelines
authorized by the Drainage Facilities and Minor Construction Act (Act of
June 13, 1956, 70 Stat. 274, 43 U.S.C. 505). The sixty-day
congressional notification of the Secretary's intent to use the Drainage
Facilities and Minor Construction Act program is hereby waived with
respect to construction of the features authorized in section 203(a).
Any such feature may be operated, maintained, and repaired by the
District in accordance with repayment contracts and operation and
maintenance agreements previously entered into between the Secretary and
the District. The United States shall not be liable for damages
resulting from the design, construction, operation, maintenance, and
replacement by the District of the features specified in subsection (a)
of this section.
(e) WATER RIGHTS. -- To make water rights available for any of the
features constructed as authorized in this section, the Bureau shall
convey to the District in accordance with State law the water rights
evidenced by Water Right No. 43-3825 (Application No. A36642) and Water
Right No. 43-3827 (Application No. A36644).
(f) UINTAH INDIAN IRRIGATION PROJECT. -- (1) Notwithstanding any
other provision of law, the Secretary is authorized and directed to
enter into a contract or cooperative agreement with, or make a grant to
the Uintah Indian Irrigation Project Operation and Maintenance Company,
or any other organization representing the water users within the Uintah
Indian Irrigation Project area, to enable such organization to --
(A) administer the Uintah Indian Irrigation Project, or part
thereof, and
(B) operate, maintain, rehabilitate, and construct all or some
of the irrigation project facilities using the same administrative
authority and management procedures as used by water user
organizations formed under State laws who administer, operate, and
maintain irrigation projects.
(2) Title to Uintah Indian Irrigation Project rights-of-way and
facilities shall remain in the United States. The Secretary shall
retain any trust responsibilities to the Uintah Indian Irrigation
Project.
(3) Notwithstanding any other provision of law, the Secretary shall
use funds received from assessments, carriage agreements, leases, and
all other additional sources related to the Uintah Indian Irrigation
Project exclusively for Uintah Indian Irrigation Project administration,
operation, maintenance, rehabilitation, and construction where
appropriate. Upon receipt, the Secretary shall deposit such funds in an
account in the Treasury of the United States. Amounts in the account
not currently needed shall earn interest at the rate determined by the
Secretary of the Treasury, taking into consideration current market
yields on outstanding obligations of the United States with remaining
periods to maturity comparable to the period for which such funds are
not currently needed. Amounts in the account shall be available without
further authorization or appropriation by Congress. Such amounts shall
be treated as private funds to be held in trust for landowners of the
irrigation project and shall not be treated as public or appropriated
funds.
(4) All noncontract costs, direct and indirect, required to
administer the Uintah Indian Irrigation Project shall be nonreimbursable
and paid for by the Secretary as part of his trust responsibilities,
beginning on the date of enactment of this Act. Such costs shall
include (but not be limited to) the noncontract cost positions of
project manager or engineer and two support staff. Such costs shall be
added to the funding of the Uintah and Ouray Agency of the Bureau of
Indian Affairs as a line item.
(5) The Secretary is authorized to sell, lease, or otherwise make
available the use of irrigation project equipment to a water user
organization which is under obligation to the Secretary to administer,
operate, and maintain the Uintah Indian Irrigation Project or part
thereof.
(6) The Secretary is authorized to lease or otherwise make available
the use of irrigation project facilities to a water user organization
which is under obligation to the Secretary to administer, operate, and
maintain the Uintah Indian Irrigation Project or part thereof.
(g) BRUSH CREEK AND JENSEN UNIT. -- (1) The Secretary is authorized
to enter into Amendatory Contract Number 6-05-01-00143, as last revised
on September 19, 1988, between the United States and the Uintah Water
Conservancy District, which provides, among other things, for part of
the municipal and industrial water obligation now the responsibility of
the Uintah Water Conservancy District to be retained by the United
States with a corresponding part of the water supply to be controlled
and marketed by the United States. Such water shall be marketed and
used in conformance with State law.
(2) The Secretary, through the Bureau, shall --
(A) establish a conservation pool of 4,000 acre-feet in Red
Fleet Reservoir for the purpose of enhancing associated fishery
and recreational opportunities and for such other purposes as may
be recommended by the Commission in consultation with the Utah
Division of Wildlife Resources, United States Fish and Wildlife
Service, and the Utah Division of Parks and Recreation; and
(B) enter into an agreement with the Utah Division of Parks and
Recreation for the management and operation of Red Fleet
recreational facilities.
SEC. 204. NON-FEDERAL CONTRIBUTION.
The non-Federal share of the cost for the design, engineering, and
construction of the Central Utah Project features authorized by sections
202 and 203 shall be 35 percent of the total reimbursable costs and
shall be paid concurrently with the Federal share, except that for the
facilities specified in 202(a)(6), the cost-share shall be 35 percent of
the costs allocated to irrigation beyond the ability of irrigators to
repay. The non-Federal share of the cost for studies required by
sections 202 and 203, other than the study required by section
202(a)(5), shall be 50 percent and shall be paid concurrently with the
Federal share. Within one hundred and twenty days of enactment of this
Act, the Secretary shall execute a cost sharing agreement which binds
the District to provide annually such sums as may be required to satisfy
the non-Federal share of the separate features authorized and approved
for construction pursuant to this Act. The Secretary is not authorized
to broaden the scope of the cost sharing agreement beyond assuring that
the non-Federal interests will satisfy the cost sharing provisions as
set forth in this section. Any feature to which this section applies
shall not be initiated until after the non-Federal interests enter into
a cost sharing agreement with the Secretary to provide the share
required by this section. The District may commence any study
authorized herein prior to entering into a cost sharing agreement, and
upon execution of a cost sharing agreement the Secretary shall reimburse
the District an amount equal to the Federal share of the funds expended
by the District.
SEC. 205. DEFINITE PLAN REPORT AND ENVIRONMENTAL COMPLIANCE.
(a) DEFINITE PLAN REPORT AND FEASIBILITY STUDIES. -- Except for
amounts required for compliance with applicable environmental laws and
the purposes of this subsection, federally appropriated funds may not be
obligated or expended by the District for construction of the features
authorized in section 202(a)(1) or 203 until --
(1) the District completes --
(A) a Definite Plan Report for the system authorized in section
202(a)(1), or
(B) an analysis to determine the feasibility of the separate
features described in section 203(a), paragraphs (1) through (4),
or subsection (f);
(2) the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) have been satisfied with respect
to the particular system; and
(3) a plan has been developed with and aproved by the United
States Fish and Wildlife Service to prevent any harmful
contamination of waters due to concentrations of selenium or other
such toxicants, if the Service determines that development of the
particular system may result in such contamination.
(b) COMPLIANCE WITH ENVIRONMENTAL LAWS AND THE TERMS OF THIS ACT. --
Notwithstanding any other provision of this Act, Federal funds
authorized under this title may not be provided to the District until
the District enters into a binding agreement with the Secretary to be
considered a "Federal Agency" for purposes of compliance with all
Federal fish, wildlife, recreation, and environmental laws with respect
to the use of such funds, and to comply with this Act. The Secretary
shall execute such binding agreement within one hundred and twenty days
of enactment of this Act.
(c) INITIATION OF REPAYMENT. -- For purposes of repayment of costs
obligated and expended prior to the date of enactment of this Act, the
Definite Plan Report shall be considered as being filed and approved by
the Secretary, and repayment of such costs shall be initiated by the
Secretary of Energy at the earliest possible date. All the costs
allocated to irrigation and associated with construction of the
Strawberry Collection System, a component of the Bonneville Unit,
obligated prior to the date of enactment of this Act shall be included
by the Secretary of Energy in the costs specified in this subsection.
(d) Of the amounts authorized in section 201, the Secretary is
directed to make sums available to the District as required by the
District, for the completion of the plans, studies, and analyses
required by this section pursuant to the cost sharing provisions of
section 204.
(e) CONTENT AND APPROVAL OF THE DEFINITE PLAN REPORT. -- The
Definite Plan Report required under this section shall include economic
analyses consistent with the Economic and Environmental Principles and
Guidelines for Water and Related Land Resources Implementation Studies
(March 10, 1983). The Secretary may withhold approval of the Definite
Plan Report only on the basis of the inadequacy of the document, and
specifically not on the basis of the findings of its economic analyses.
SEC. 206. LOCAL DEVELOPMENT IN LIEU OF IRRIGATION AND DRAINAGE.
(a) OPTIONAL REBATE TO COUNTIES. -- (1) After two years from the
date of enactment of this Act, the District shall, at the option of an
eligible county as provided in paragraph (2), rebate to such county all
of the ad valorem tax contributions paid by such county to the District,
with interest but less the value of any benefits received by such county
and less the administrative expenses incurred by the District to that
date.
(2) Counties eligible to receive the rebate provided for in paragraph
(1) include any county within the District, except for Salt Lake County
and Utah County, in which the construction of Central Utah Project water
storage or delivery features authorized in this Act has not commenced
and --
(A) in which there are no binding contracts as required under
section 202(1)(C); or
(B) in which the authorization for the project or feature was
repealed pursuant to section 201(b) or expired pursuant to section
202(1)(B) of this Act.
(b) LOCAL DEVELOPMENT OPTION. -- (1) Upon the request of any
eligible county that elects not to participate in the project as
provided in subsection (a), the Secretary shall provide as a grant to
such county an amount that, when matched with the rebate received by
such county, shall constitute 65 percent of the cost of implementation
of measures identified in paragraph (2).
(2)(A) The grant provided for in this subsection shall be available
for the following purposes:
(i) Potable water distribution and treatment.
(ii) Wastewater collection and treatment.
(iii) Agricultural water management.
(iv) Other public infrastructure improvements as may be
approved by the Secretary.
(B) Funds made available under this subsection may not be used for --
(i) draining of wetlands;
(ii) dredging of natural water courses; and
(iii) planning or constructing water impoundments of greater
than five thousand acre-feet, except for the proposed Hatch Town
Dam on the Sevier River in southern Garfield County, Utah.
(C) All Federal environmental laws shall be applicable to any
projects or features developed pursuant to this section.
(3) Of the amounts authorized to be appropriated by section 201, not
more than $40,000,000 may be available for the purposes of this
subsection.
SEC. 207. WATER MANAGEMENT IMPROVEMENT.
(a) PURPOSES. -- The purposes of this section are, through such
means as are cost-effective and environmentally sound, to --
(1) encourage the conservation and wise use of water;
(2) reduce the probability and duration of periods
necessitating extraordinary curtailment of water use;
(3) achieve beneficial reductions in water use and system
costs;
(4) prevent or eliminate unnecessary depletion of waters in
order to assist in the improvement and maintenance of water
quantity, quality, and streamflow conditions necessary to augment
water supplies and support fish, wildlife, recreation, and other
public benefits;
(5) make prudent and efficient use of currently available water
prior to any importation of Bear River water into Salt Lake
County, Utah; and
(6) provide a systematic approach to the accomplishment of
these purposes and an objective basis for measuring their
achievement.
(b) WATER MANAGEMENT IMPROVEMENT PLAN. -- The District, after
consultation with the State and with each petitioner of project water,
shall prepare and maintain a water management improvement plan. The
first plan shall be submitted to the Secretary by January 1, 1995.
Every three years thereafter the District shall prepare and submit a
supplement to this plan. The Secretary shall either approve or
disapprove such plan or supplement thereto within six months of its
submission.
(1) ELEMENTS. -- The plan shall include the following
elements:
(A) A water conservation goal, consisting of the greater of the
following two amounts for each petitioner of project water:
(i) 25 percent of each petitioner's projected increase in
annual water deliveries between the years 1990 and 2000, or such
later ten-year period as the District may find useful for planning
purposes; or
(ii) the amount by which unaccounted for water or, in the case
of irrigation entities, transport losses, exceeds 10 percent of
recorded annual water deliveries.
The minimum goal for the District shall be thirty thousand
acre-feet per year. In the event that the pipeline conveyance
system described in section 202(a)(1)(A) is not constructed due to
expiration of the authorization pursuant to section 202(a)(1)(B),
the minimum goal for the District shall be reduced by five
thousand acre-feet per year. In the event that the Wasatch County
Water Efficiency Project authorized in section 202(a)(3)(B) is not
constructed due to expiration of the authorization pursuant to
section 202(a)(3)(D), the minimum goal for the District shall be
reduced by five thousand acre-feet per year. In the event the
water supply which would have been supplied by the pipeline
conveyance system described in section 202(a)(1)(A) is made
available and delivered to municipal and industrial or
agricultural petitioners in Salt Lake, Utah or Juab counties
subsequent to the expiration of the authorization pursuant to
section 202(a)(1)(B), the minimum goal for the District shall
increase five thousand acre-feet per year. In no event shall the
minimum goal for the District be less than twenty thousand
acre-feet per year.
(B) A water management improvement inventory, containing --
(i) conservation measures to improve the efficiency of the
storage, conveyance, distribution, and use of water in a manner
that contributes to the accomplishment of the purposes of this
section, exclusive of any measures promulgated pursuant to
subsection (f)(2) (A) through (D);
(ii) the estimated economic and financial costs of each such
measure;
(iii) the estimated water yield of each such measure; and
(iv) the socioeconomic and environmental effects of each such
measure.
(C) A comparative analysis of each cost-effective and
environmentally acceptable measure.
(D) A schedule of implementation for the following five years.
(E) An assessment of the performance of previously implemented
conservation measures, if any. Each plan or plan supplement shall
be technically sound, internally consistent and supported by
objective analysis.
Not less than ninety days prior to its transmittal to the Secretary, the
plan, or plan supplement, together with all supporting documentation
demonstrating compliance with this section, shall be made available by
the District for public review, hearing, and comment. All significant
comments, and the District's response thereto, shall accompany the plan
transmitted to the Secretary.
(2) EVALUATION OF CONSERVATION MEASURES. --
(A) Any conservation measure proposed to the District by the
Executive Director of the Utah Department of Natural Resources
shall be added to the water management improvement inventory and
evaluated by the District. Any conservation measure, up to a
cumulative five in number within any three-year period, submitted
by nonprofit sportsmen or environmental organizations shall be
added to the water management improvement inventory and evaluated
by the District.
(B) Each conservation measure that is found to be
cost-effective, without significant adverse impact to the
financial integrity of the District or a petitioner of project
water, environmentally acceptable and for which the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) have been satisfied, and in the public interest shall be
deemed to constitute the "active inventory". For purposes of this
section, the determination of benefits shall take into account:
(i) the value of saved water, to be determined, in the case of
municipal water, on the basis of the project municipal and
industrial repayment obligation of the District, but in no case
less than $200 per acre-foot, and, in the case of irrigation
water, on the basis of operation, maintenance, and replacement
costs plus the "full cost" rate for irrigation computed in
accordance with section 302(3) of the Reclamation Reform Act of
1982 (96 Stat. 1263; 43 U.S.C. 390bb), but in no case less than
$50 per acre-foot;
(ii) the reduced cost of wastewater treatment, if any;
(iii) net additional hydroelectric power generation, if any,
valued at avoided cost;
(iv) net savings in operation, maintenance, and replacement
costs; and
(v) net savings in on-farm costs.
(3) IMPLEMENTATION. -- The District, and each petitioner of project
water, as appropriate, shall implement and maintain, consistent with
State law, conservation measures placed in the active inventory to the
maximum practical extent necessary to achieve 50 percent of the water
conservation goal within seven years after submission of the initial
plan and 100 percent of the water conservation goal within fifteen years
after submission of the initial plan. Priority shall be given to
implementation of the most cost-effective measures that are --
(A) found to reduce consumptive use of water without
significant adverse impact to the financial integrity of the
District or the petitioner of project water;
(B) environmentally acceptable and for which the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) has been satisfied; and
(C) found to be in the public interest.
(4) USE OF SAVED WATER. -- All water saved by any conservation
measure implemented by the District or a petitioner of project water
under subsection (b)(3) may be retained by the District or the
petitioner of project water which saved such water for its own use or
disposition. The specific amounts of water saved by any conservation
measure implemented under subsection (b)(3) shall be based upon the
determination of yield under paragraph (b)(1)(B)(iii), and as may be
confirmed or modified by assessment pursuant to paragraph (b)(1)(E).
Each petitioner of project water may make available to the District
water in an amount equivalent to the water saved, which the District may
make available to the Secretary for instream flows in addition to the
stream flow requirements established by section 303. Such instream
flows shall be released from project facilities, subject to space
available in project conveyance systems, to at least one watercourse in
the Bonneville and Uinta River Basins, respectively, to be designated by
the United States Fish and Wildlife Service as recommended by the
Interagency Biological Assessment Team. Such flows shall be protected
against appropriation in the same manner as the minimum streamflow
requirements established by section 303. The Secretary shall reduce the
annual contractual repayment obligation of the District equal to the
project rate for delivered water, including operation and maintenance
expenses, for water saved for instream flows pursuant to this
subsection. The District shall credit or rebate to each petitioner of
project water its proportionate share of the District's repayment
savings for reductions in deliveries of project water as a result of
this subsection.
(5) STATUS REPORT ON THE PLANNING PROCESS. -- Prior to January 1,
1994, the District shall establish a continuous process for the
identification, evaluation, and implementation of water conservation
measures to achieve the purposes of this section, and submit a report
thereon to the Secretary. The report shall include a description of
this process, including its financial resources, technical support,
public involvement, and identification of staff responsible for its
development and implementation.
(c) WATER CONSERVATION PRICING STUDY. --
(1) Within three years from the date of enactment of this Act,
the District, after consultation with the State and each
petitioner of project water, shall prepare and transmit to the
Secretary a study of wholesale and retail pricing to encourage
water conservation as described in this subsection, together with
its conclusions and recommendations.
(2) The purposes of this study are --
(A) to design and evaluate potential rate designs and pricing
policies for water supply and wastewater treatment within the
District boundary;
(B) to estimate demand elasticity for each of the principal
categories of end use of water within the District boundary;
(C) to quantify monthly water savings estimated to result from
the various designs and policies to be evaluated; and
(D) to identify a water pricing system that reflects the
incremental scarcity value of water and rewards effective water
conservation programs.
(3) Pricing policies to be evaluated in the study shall include but
not be limited to the following, alone and in combination:
(A) recovery of all costs, including a reasonable return on
investment, through water and wastewater service charges;
(B) seasonal rate differentials;
(C) drought year surcharges;
(D) increasing block rate schedules;
(E) marginal cost pricing;
(F) rates accounting for differences in costs based upon point
of delivery; and
(G) rates based on the effect of phasing out the collection of
ad valorem property taxes by the District and the petitioners of
project water over a five-year and ten-year period.
The District may incorporate policies developed by the study in the
Water Management Improvement Plan prepared under subsection (b).
(4) Not less than ninety days prior to its transmittal to the
Secretary, the study, together with the District's preliminary
conclusions and recommendations and all supporting documentation,
shall be available for public review and comment, including public
hearings. All significant comments, and the District's response
thereto, shall accompany the study transmitted to the Secretary.
(5) Nothing in this subsection shall be deemed to authorize the
Secretary, or grant new authority to the District or petitioners
of project water, to require the implementation of any policies or
recommendations contained in the study.
(d) STUDY OF COORDINATED OPERATIONS. --
(1) Within three years from the date of enactment of this Act,
the District, after consultation with the State and each
petitioner of project water, shall prepare and transmit to the
Secretary a study of the coordinated operation of independent
municipal and industrial and irrigation water systems, together
with its conclusions and recommendations. The District shall
evaluate cost-effective flexible operating procedures that will --
(A) improve the availability and reliability of water supply;
(B) coordinate the timing of reservoir releases under existing
water rights to improve instream flows for fisheries, wildlife,
recreation, and other environmental values, if possible;
(C) assist in managing drought emergencies by making more
efficient use of facilities;
(D) encourage the maintenance of existing wells and other
facilities which may be placed on stand-by status when water
deliveries from the project become available;
(E) allow for the development, protection, and sustainable use
of ground-water resources in the District boundary;
(F) not reduce the benefits that would be generated in the
absence of the joint operating procedures; and
(G) integrate management of surface and ground-water supplies
and storage capability.
The District may incorporate measures developed by the study in the
Water Management Improvement Plan prepared under subsection (b).
(2) Not less than ninety days prior to its transmittal to the
Secretary, the study, together with the District's preliminary
conclusions and recommendations and all supporting documentation,
shall be available for public review and comment, including public
hearings. All significant comments, and the District's response
thereto, shall accompany the study transmitted to the Secretary.
(3) Nothing in this subsection shall be deemed to authorize the
Secretary, or grant new authority to the District or petitioners
of project water, to require the implementation of any operating
procedures, conclusions, or recommendations contained in the
study.
(e) AUTHORIZATION OF APPROPRIATIONS. -- (1) For an amount not to
exceed 50 percent of the cost of conducting the studies identified in
subsections (c) and (d) and developing the plan identified in subsection
(b), $3,000,000 shall be available from the amount authorized to be
appropriated by section 201, and shall remain available until expended.
The Federal share shall be allocated among project purposes in the same
proportions as the joint costs of the Strawberry Collection System, and
shall be repaid in the manner of repayment for each such purpose.
(2) For an amount not to exceed 65 percent of the cost of
implementation of the conservation measures in accordance with
subsection (b), $50,000,000 shall be available from the amount
authorized to be appropriated in section 201, and shall remain available
until expended. $10,000,000 authorized by this paragraph shall be made
available for conservation measures in Wasatch County identified in the
study pursuant to section 202(a)(3)(A) which measures satisfy the
requirements of subsection (b)(2)(B) and shall thereafter be available
for the purposes of this paragraph. The Federal share shall be
allocated between the purposes of municipal and industrial water supply
and irrigation, as appropriate, and shall be repaid in the manner of
repayment for each such purpose.
(f) UTAH WATER CONSERVATION ADVISORY BOARD. -- (1) Within two years
of the date of enactment of this Act, the Governor of the State may
establish a board consisting of nine members to be known as the Utah
Water Conservation Advisory Board, with the duties described in this
subsection. In the event that the Governor does not establish said
board by such date, the Secretary shall establish a Utah Water
Conservation Advisory Board consisting of nine members appointed by the
Secretary from a list of names supplied by the Governor.
(2) The Board shall recommend water conservation standards and
regulations for promulgation by State or local authorities in the
service area of each petitioner of project water, including but not
limited to the following:
(A) metering or measuring of water to all customers, to be
accomplished within five years. (For purposes of this paragraph,
residential buildings of more than four units may be considered as
single customers.);
(B) elimination of declining block rate schedules from any
system of water or wastewater treatment charges;
(C) a program of leak detection and repair that provides for
the inspection of all conveyance and distribution mains, and the
performance of repairs, at intervals of three years or less;
(D) low consumption performance standards applicable to the
sale and installation of plumbing fixtures and fittings in new
construction;
(E) requirements for the recycling and reuse of water by all
newly constructed commercial laundries and vehicle wash
facilities;
(F) requirements for soil preparation prior to the installation
or seeding of turf grass in new residential and commercial
construction;
(G) requirements for the insulation of hot water pipes in all
new construction;
(H) requirements for the installation of water recycling or
reuse systems on any newly installed commercial and industrial
water-operative air conditioning and refrigeration systems;
(I) standards governing the sale, installation, and removal of
self-regenerating water softeners, including the identification of
public water supply system service areas where such devices are
prohibited, and the establishment of standards for the control of
regeneration in all newly installed devices; and
(J) elimination of evaporation as a principal method of
wastewater treatment.
(3) Any water conserved by implementation of subparagraphs (A), (B),
(C), (D), or (F) of paragraph (2) shall not be credited to the
conservation goal specified under subparagraph (b)(1)(A). All other
water conserved after January 1, 1992, by a conservation measure which
is placed on the active inventory shall be credited to the conservation
goal specified under subparagraph (b)(1)(A).
(4) The Governor may waive the applicability of paragraphs (2)(D)
through (2)(H) above to any petitioner of project water that provides
water entirely for irrigation use.
(5) Within three years of the date of enactment of this Act, the
board shall transmit to the Governor and the Secretary the recommended
standards and regulations referred to in subparagraph (f)(2) in such
form as, in the judgment of the board, will be most likely to be
promulgated within four years of the date of enactment of this Act, and
the failure of the board to do so shall be deemed substantial
noncompliance.
(6) Nothing in this subsection shall be deemed to authorize the
Secretary, or grant new authority to the District or petitioners of
project water, to require the implementation of any standards or
regulations recommended by the Utah Water Conservation Advisory Board.
(g) COMPLIANCE. -- (1) Notwithstanding subsections (c)(5), (d)(3) or
(f)(6), if the Secretary after ninety days written notice to the
District, determines that the plan referred to in subsection (b) has not
been developed and implemented or the studies referred to in subsections
(c) and (d) have not been completed or transmitted as provided for in
this section, the District shall pay a surcharge for each year of
substantial noncompliance as determined by the Secretary. The amount of
the surchage shall be --
(A) for the first year of substantial noncompliance, five
percent of the District's annual Bonneville Unit repayment
obligation to the Secretary;
(B) for the second year of substantial noncompliance, ten
percent of the District's annual Bonneville Unit repayment
obligation to the Secretary; and
(C) for the third year of substantial noncompliance and any
succeeding year of substantial noncompliance, fifteen percent of
the District's annual Bonneville Unit repayment obligation to the
Secretary.
(2) If the Secretary determines that compliance has been accomplished
within twelve months after the first determination of substantial
noncompliance, the Secretary shall refund 100 percent of the surchage
levied.
(h) RECLAMATION REFORM ACT OF 1982. -- Compliance with this section
shall be deemed as compliance with section 210 of the Reclamation Reform
Act of 1982 (96 Stat. 1268; 43 U.S.C. 390jj) by the District and each
petitioner of project water.
(i) JUDICIAL REVIEW. -- (1) For the purposes of sections 701 through
706 of title 5 (U.S.C.), the determinations made by the Secretary under
subsections (b), (f)(1) or (g) shall be final actions subject to
judicial review.
(2) The record upon review of such final actions shall be limited to
the administrative record compiled in accordance with sections 701
through 706 of title 5 (U.S.C.). Nothing in this subsection shall be
construed to require a hearing pursuant to sections 554, 556, or 557 of
title 5 (U.S.C.).
(3) Nothing in this subsection shall be construed to preclude
judicial review of other final actions and decisions by the Secretary.
(j) CITIZEN SUITS. -- (1) IN GENERAL. -- Any person may commence a
civil suit on their own behalf against only the Secretary for any
determination made by the Secretary under this section which is alleged
to have violated, is violating, or is about to violate any provision of
this section or determination made under this section.
(2) JURISDICTION AND VENUE. -- The district courts shall have
jurisdiction to prohibit any violation by the Secretary of this section,
to compel any action required by this section, and to issue any other
order to further the purposes of this section. An action under this
subsection may be brought in the judicial district where the alleged
violation occurred or is about to occur, where fish, wildlife, or
recreation resources are located, or in the District of Columbia.
(3) LIMITATIONS. -- (A) No action may be commenced under paragraph
(1) before sixty days after written notice of the violation has been
given to the Secretary.
(B) Notwithstanding subparagraph (A), an action may be brought
immediately after such notification in the case of an action under this
section respecting an emergency posing a significant risk to the
well-being of any species of fish or wildlife.
(C) Subparagraph (A) is intended to provide reasonable notice where
possible and not to affect the jurisdiction of the courts.
(4) COSTS AWARDED BY THE COURT. -- The court may award costs of
litigation (including reasonable attorney and expert witness fees and
expenses) to any party, other than the United States, whenever the court
determines such award is appropriate.
(5) DISCLAIMER. -- The relief provided by this subsection shall not
restrict any right which any person (or class of persons) may have under
any statute or common law to seek enforcement of any standard or
limitation or to seek any other relief.
(k) PRESERVATION OF STATE LAW. -- Nothing in this section shall be
deemed to preempt or supersede State law.
SEC. 208. LIMITATION ON HYDROPOWER OPERATIONS.
(a) LIMITATION. -- Power generation facilities associated with the
Central Utah Project and other features specified in titles II through V
of this Act shall be operated and developed in accordance with the Act
of April 11, 1956 (70 Stat. 109; 43 U.S.C. 620f).
(b) COLORADO RIVER BASIN WATERS. -- Use of Central Utah Project
water diverted out of the Colorado River Basin for power purposes shall
only be incidental to the delivery of water for other authorized project
purposes. Diversion of such waters out of the Colorado River Basin
exclusively for power purposes in prohibited.
SEC. 209. OPERATING AGREEMENTS.
The District, in consultation with the Commission and the Utah
Division of Water Rights, shall apply its best efforts to achieve
operating agreements for the Jordanelle Reservoir, Deer Creek Reservoir,
Utah Lake and Strawberry Reservoir within two years of the date of
enactment of this Act.
SEC. 210. JORDAN AQUEDUCT PREPAYMENT.
Under such terms as the Secretary may prescribe, and within one year
of the date of enactment of this Act, the Secretary shall allow for the
prepayment, or shall otherwise dispose of, repayment contracts entered
into among the United States, the District, the Metropolitan Water
District of Salt Lake City, and the Salt Lake County Water Conservancy
District, dated May 16, 1986, providing for repayment of the Jordan
Aqueduct System. In carrying out this section, the Secretary shall take
such actions as he deems appropriate to accommodate, effectuate, and
otherwise protect the rights and obligations of the United States and
the obligors under the contracts executed to provide for payment of such
repayment contracts.
SEC. 211. AUDIT OF CENTRAL UTAH PROJECT COST ALLOCATIONS.
Not later than one year after the date on which the Secretary
declares the Central Utah Project to be substantially complete, the
Comptroller General of the United States shall conduct an audit of the
allocation of costs of the Central Utah Project to irrigation, municipal
and industrial, and other project purposes and submit a report of such
audit to the Secretary and to the Congress. The audit shall be
conducted in accordance with regulations which the Comptroller General
shall prescribe not later than one year after the date of enactment of
this Act. Upon a review of such report, the Secretary shall reallocate
such costs as may be necessary. Any amount allocated to municipal and
industrial water in excess of the total maximum repayment obligation
contained in repayment contracts dated December 28, 1965, and November
26, 1985, shall be deferred for as long as the District is not found to
be in substantial noncompliance with the water management improvement
program provided in section 207 and the stream flows provided in title
III are maintained. If at any time the Secretary finds that such
program is in substantial noncompliance or that such stream flows are
not being maintained, the Secretary shall, within six months of such
finding and after public notice, take action to initiate repayment of
all such reimbursable costs.
SEC. 212. SURPLUS CROPS.
Notwithstanding any other provision of law relating to a charge for
irrigation water supplied to surplus crops, until the construction costs
of the facilities authorized by this title are repaid, the Secretary is
directed to charge a surplus crop production charge equal to 10 percent
of full cost, as defined in section 202 of the Reclamation Reform Act of
1982 (43 U.S.C. 390bb), for the delivery of project water used in the
production of any crop of an agricultural commodity for which an acreage
reduction program is in effect under the provision of the Agricultural
Act of 1949, as amended, if the total supply of such commodity for the
marketing years in which the bulk of the crop would normally be marketed
is in excess of the normal supply as determined by the Secretary of
Agriculture. The Secretary of the Interior shall announce the amount of
the surplus crop production charge for the succeeding year on or before
July 1 of each year.
SEC. 301. UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION.
(a) PURPOSE. -- (1) The purpose of this section is to provide for
the prompt establishment of the Utah Reclamation Mitigation and
Conservation Commission in order to coordinate the implementation of the
mitigation and conservation provisions of this Act among the Federal and
State fish, wildlife, and recreation agencies.
(2) This section, together with applicable environmental laws and the
provisions of other laws applicable to mitigation, conservation and
enhancement of fish, wildlife, and recreation resources within the
State, are all intended to be construed in a consistent manner. Nothing
herein is intended to limit or restrict the authorities or opportunities
of Federal, State, or local governments, or political subdivisions
thereof, to plan, develop, or implement mitigation, conservation, or
enhancement of fish, wildlife, and recreation resources in the State in
accordance with other applicable provisions of Federal or State law.
(b) ESTABLISHMENT. -- (1) There is established a commission to be
known as the Utah Reclamation Mitigation and Conservation Commission.
(2) The Commission shall expire twenty years from the end of the
fiscal year during which the Secretary declares the Central Utah Project
to be substantially complete. The Secretary shall not declare the
project to be substantially complete at least until such time as the
mitigation and conservation projects and features provided for in
section 315 have been completed in accordance with the fish, wildlife,
and recreation mitigation and conservation schedule specified therein.
(c) DUTIES. -- The Commission shall --
(1) formulate the policies and objectives for the
implementation of the fish, wildlife, and recreation mitigation
and conservation projects and features authorized in this Act;
(2) administer in accordance with subsection (f) the
expenditure of funds for the implementation of the fish, wildlife,
and recreation mitigation and conservation projects and features
authorized in this Act;
(3) be considered a Federal agency for purposes of compliance
with the requirements of all Federal fish, wildlife, recreation,
and environmental laws, including (but not limited to) the Fish
and Wildlife Coordination Act, the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.), and the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.); and
(4) develop, adopt, and submit plans and reports of its
activities in accordance with subsection (g).
(d) MEMBERSHIP. -- (1) The Commission shall be composed of 5 members
appointed by the President within six months of the date of enactment of
this Act, as follows:
(A) 1 from a list of residents of the State, who are qualified
to serve on the Commission by virtue of their training or
experience in fish or wildlife matters or environmental
conservation matters, submitted by the Speaker of the House of
Representatives upon the recommendation of the members of the
House of Representatives representing the State.
(B) 1 from a list of residents of the State, who are qualified
to serve on the Commission by virtue of their training or
experience in fish or wildlife matters or environmental
conservation matters, submitted by the Majority Leader of the
Senate upon the recommendation of the members of the Senate
representing the State.
(C) 1 from a list of residents of the State submitted by the
Governor of the State composed of State wildlife resource agency
personnel.
(D) 1 from a list of residents of the State submitted by the
District.
(E) 1 from a list of residents of the State, who are qualified
to serve on the Commission by virtue of their training or
experience in fish and wildlife matters or environmental
conservation matters and have been recommended by Utah nonprofit
sportsmen's or environmental organizations, submitted by the
Governor of the State.
(2)(A) Except as provided in subparagraph (B), members shall be
appointed for terms of four years.
(B) Of the members first appointed --
(i) the member appointed under paragraph (1)(C) shall be
appointed for a term of three years; and
(ii) the member appointed under paragraph (1)(D) shall be
appointed for a term of two years.
(3) A vacancy in the Commission shall be filled within ninety days
and in the manner in which the original appointment was made. Any
member appointed to fill a vacancy occurring before the expiration of
the term for which his predecessor was appointed shall be appointed only
for the remainder of such term. A member may serve after the expiration
of his term until his successor has taken office.
(4)(A) Except as provided in subparagraph (B), members of the
Commission shall each be paid at a rate equal to the daily equivalent of
the maximum of the annual rate of basic pay in effect for grade GS-15 of
the General Schedule for each day (including travel time) during which
they are engaged in the actual performance of duties vested in the
Commission.
(B) Members of the Commission who are full-time officers or employees
of the United States or the State of Utah shall receive no additional
pay by reason of their service on the Commission.
(5) Three members of the Commission shall constitute a quorum but a
lesser number may hold public meetings authorized by the Commission.
(6) The Chairman of the Commission shall be elected by the members of
the Commission. The term of office of the Chairman shall be one year.
(7) The Commission shall meet at least quarterly and may meet at the
call of the Chairman or a majority of its members.
(e) DIRECTOR AND STAFF OF COMMISSION; USE OF CONSULTANTS. -- (1)
The Commission shall have a Director who shall be appointed by the
Commission and who shall be paid at a rate not to exceed the maximum
rate of basic pay payable for GS-15 of the General Schedule.
(2) With the approval of the Commission, the Director may appoint and
fix the pay of such personnel as the Director considers appropriate.
Such personnel may be appointed without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates.
(3) With the approval of the Commission, the Director may procure
temporary and intermittent services under section 3109(b) of title 5 of
the United States Code, but at rates for individuals not to exceed the
daily equivalent of the maximum annual rate of basic pay payable for
GS-15 of the General Schedule.
(4) Upon request of the Commission, the head of any Federal agency is
authorized to detail, on a reimbursable basis, any of the personnel of
such agency to the Commission to assist the Commission in carrying out
its duties under this Act.
(5) Any member or agent of the Commission may, if so authorized by
the Commission, take any action which the Commission is authorized to
take by this section.
(6) In times of emergency, as defined by rule by the Commission, the
Director may exercise the full powers of the Commission until such times
as the emergency ends or the Commission meets in formal session.
(f) IMPLEMENTATION OF MITIGATION AND CONSERVATION MEASURES. -- (1)
The Commission shall administer the mitigation and conservation funds
available under this Act to conserve, mitigate, and enhance fish,
wildlife, and recreation resources affected by the development and
operation of Federal reclamation projects in the State of Utah. Such
funds shall be administered in accordance with this section, the
mitigation and conservation schedule in section 315 of this Act, and, if
in existence, the applicable five-year plan adopted pursuant to
subsection (g). Expenditures of the Commission pursuant to this section
shall be in addition to, not in lieu of, other expenditures authorized
or required from other entities under other agreements or provisions of
law.
(2) REALLOCATION OF SECTION 8 FUNDS. -- Notwithstanding any
provision of this act which provides that a specified amount of section
8 funds available under this Act shall be available only for a certain
purpose, if the Commission determines, after public involvement and
agency consultation as provided in subsection (g)(3), that the benefits
to fish, wildlife, or recreation will be better served by allocating
such funds in a different manner, then the Commission may reallocate any
amount so specified to achieve such benefits: Provided, however, That
the Commission shall obtain the prior approval of the United States Fish
and Wildlife Service for any reallocation from fish or wildlife purposes
to recreation purposes of any of the funds authorized in the schedule in
section 315.
(3) FUNDING FOR NEPA COMPLIANCE. -- The Commission shall annually
provide funding on a priority basis for environmental mitigation
measures adopted as a result of compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for project
features constructed pursuant to titles II and III of this Act.
(4) CONTRACTING AUTHORITY. -- The Commission shall, for the purpose
of carrying out this Act, enter into and perform such contracts, leases,
grants, cooperative agreements, or other similar transactions, including
the amendment, modification, or cancellation thereof and make the
compromise or final settlement of any claim arising thereunder, with
universities, non-profit organizations, and the appropriate public
natural resource management agency or agencies, upon such terms and
conditions and in such manner as the Commission may deem to be necessary
or appropriate, for the implementation of the mitigation and
conservation projects and features authorized in this Act, including
actions necessary for compliance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(g) PLANNING AND REPORTING. -- (1) Beginning with the first fiscal
year after all members of the Commission are appointed initially, and
every five years thereafter, the Commission shall develop and adopt by
March 31 a plan for carrying out its duties during each succeeding
five-year period. Each such plan shall consist of the specific
objectives and measures the Commission intends to administer under
subsection (f) during the plan period to implement the mitigation and
conservation projects and features authorized in this Act.
(2) FINAL PLAN. -- Within six months prior to the expiration of the
Commission pursuant to this Act, the Commission shall develop and adopt
a plan which shall --
(A) establish goals and measurable objectives for the
mitigation and conservation of fish, wildlife, and recreation
resources during the five-year period following such expiration;
and
(B) recommend specific measures for the expenditure of funds
from the Account established under section 402 of this Act.
(3) PUBLIC INVOLVEMENT AND AGENCY CONSULTATION. -- (A) Promptly
after the Commission is established under this section, and in each
succeeding fiscal year, the Commission shall request in writing from the
Federal and State fish, wildlife, recreation, and water management
agencies, the appropriate Indian tribes, and county and municipal
entities, and the public, recommendations for objectives and measures to
implement the mitigation and conservation projects and features
authorized in this Act or amendments thereto. The Commission shall
establish by rule a period of time not less than ninety days in length
within which to receive such recommendations, as well as the format for
and the information and supporting data that is to accompany such
recommendations.
(B) The Commission shall give notice of all recommendations and shall
make the recommendations and supporting documents available to the
Federal and State fish, wildlife, recreation, and water management
agencies, the appropriate Indian tribes, and the public. Copies of such
recommendations and supporting documents shall be made available for
review at the offices of the Commission and shall be available for
reproduction at reasonable cost.
(C) The Commission shall provide for public involvement regarding the
recommendations and supporting documents within such reasonable time as
the Commission by rule deems appropriate.
(4) The Commission shall develop and amend the plans on the basis of
such recommendations, supporting documents, and views and information
obtained through public involvement and agency consultation. The
Commission shall include in the plans measures which it determines, on
the basis set forth in paragraph (f)(1), will --
(A) restore, maintain, or enhance the biological productivity
and diversity of natural ecosystems within the State and have
substantial potential for providing fish, wildlife, and recreation
mitigation and conservation opportunities;
(B) be based on, and supported by, the best available
scientific knowledge;
(C) utilize, where equally effective alternative means of
achieving the same sound biological or recreational objectives
exist, the alternative that will also provide public benefits
through multiple resource uses;
(D) complement the existing and future activities of the
Federal and State fish, wildlife, and recreation agencies and
appropriate Indian tribes;
(E) utilize, when available, cooperative agreements and
partnerships with private landowners and nonprofit conservation
organizations; and
(F) be consistent with the legal rights of appropriate Indian
tribes.
Enhancement measures may be included in the plans to the extent such
measures are designed to achieve improved conservation or mitigation of
resources.
(5) AGENCY CONSULTATION. -- Commission plans developed in accordance
with this subsection, or implemented under subsection (f), that affect
National Forest System lands shall be developed and implemented in
consultation with the Secretary of Agriculture.
(6) REPORTING. -- (A) Beginning on December 1 of the first fiscal
year in which all members of the Commission are appointed initially, the
Commission shall submit annually a detailed report to the Committee on
Energy and Natural Resources of the Senate, to the Committee on Interior
and Insular Affairs and on Merchant Marine and Fisheries of the House of
Representatives, to the Secretary, and to the Governor of the State.
The report shall describe the actions taken and to be taken by the
Commission under this section, the effectiveness of the mitigation and
conservation measures implemented to date, and potential revisions or
modifications to the applicable mitigation and conservation plan.
(B) At least sixty days prior to its submission of such report, the
Commission shall make a draft of such report available to the Federal
and State fish, wildlife, recreation, and water management agencies, the
appropriate Indian tribes, and the public, and establish procedures for
timely comments thereon. The Commission shall include a summary of such
comments as an appendix to such report.
(h) DISCRETIONARY DUTIES AND POWERS. -- In addition to any other
duties and powers provided by law --
(1) The Commission may depart from the fish, wildlife, and
recreation mitigation and conservation schedule specified in
section 315 whenever the Commission determines, after public
involvement and agency consultation as provided for in this Act,
that such departure would be of greater benefit to fish, wildlife,
or recreation: Provided, however, That the Commission shall
obtain the prior approval of the United States Fish and Wildlife
Service for any reallocation from fish or wildlife purposes to
recreation purposes of any of the funds authorized in the schedule
in section 315.
(2) The Commission may, for the purpose of carrying out this
Act --
(A) hold such public meetings, sit and act at such times and
places, take such testimony, and receive such evidence, as a
majority of the Commission considers appropriate; and
(B) meet jointly with other Federal or State authorities to
consider matters of mutual interest.
(3) The Commission may secure directly from any department or
agency of the United States information necessary to enable it to
carry out this Act. Upon request of the Director of the
Commission, the head of such department or agency shall furnish
such information to the Commission. At the discretion of the
department or agency, such information may be provided on a
reimbursable basis.
(4) The Commission may accept, use, and dispose of
appropriations, gifts or grants of money or other property, or
donations of services, from whatever source, only to carry out the
purposes of this Act.
(5) The Commission may use the United States mails in the same
manner and under the same conditions as other departments and
agencies of the United States.
(6) The Administrator of General Services shall provide to the
Commission on a reimbursable basis such administrative support
services as the Commission may request.
(7) The Commission may acquire and dispose of personal and real
property and water rights, and interests therein, through
donation, purchase on a willing seller basis, sale, or lease, but
not through direct exercise of the power of eminent domain, in
order to carry out the purposes of this Act. This provision shall
not affect any existing authorities of other agencies to carry out
the purposes of this Act.
(8) The Commission may make such expenditures for offices,
vehicles, furnishings, equipment, supplies, and books; for
travel, training, and attendance at meetings; and for such other
facilities and services as may be necessary for the administration
of this Act.
(9) The Commission shall not participate in litigation, except
litigation pursuant to subsection (l) or condemnation proceedings
initiated by other agencies.
(i) FUNDING. -- (1) Amounts appropriated to the Secretary for the
Commission shall be paid to the Commission immediately upon receipt of
such funds by the Secretary. The Commission shall expend such funds in
accordance with this Act.
(2) For each fiscal year, the Commission is authorized to use for
administrative expenses an amount equal to 10 percent of the amounts
available to the Commission pursuant to this Act during such fiscal
year, but not to exceed $1,000,000. Such amount shall be increased by
the same proportion as the contributions to the Account under section
402(b)(3)(C).
(j) AVAILABILITY OF UNEXPENDED AMOUNTS UPON COMPLETION OF
CONSTRUCTION PROJECTS. -- Notwithstanding any other provision of law,
upon the completion of any project authorized under this title, Federal
funds appropriated for that project but not obligated or expended shall
be deposited in the Account pursuant to section 402(b)(4)(D) and shall
be available to the Commission in accordance with section 402(c)(2).
(k) TRANSFER OF PROPERTY AND AUTHORITY HELD BY THE COMMISSION. --
Except as provided in section 402(b)(4)(A), upon the termination of the
Commission in accordance with subsection (b) --
(1) the duties of the Commission shall be performed by the Utah
Division of Wildlife resources, which shall exercise such
authority in consultation with the United States Fish and Wildlife
Service, the District, the Bureau, and the Forest Service; and
(2) title to any real and personal properties then held by the
Commission shall be transferred to the appropriate division within
Utah Department of Natural Resources or, for such parcels of real
property as may be within the boundaries of Federal land
ownerships, to the appropriate Federal agency.
(l) REPRESENTATION BY ATTORNEY GENERAL. -- The Attorney General of
the United States shall represent the Commission in any litigation to
which the Commission is a party.
(m) CONGRESSIONAL OVERSIGHT. -- The activities of the Commission
shall be subject to oversight by the Congress.
(n) TERMINATION OF BUREAU ACTIVITIES. -- Upon appointment of the
Commission as provided in subsection (b), the responsibility for
implementing section 8 funds for mitigation and conservation projects
and features authorized in this Act shall be transferred from the Bureau
to the Commission.
SEC. 302. INCREASED PROJECT WATER CAPABILITY.
(a) ACQUISITION. -- The District shall acquire, on an expedited
basis with funds to be provided by the Commission in accordance with the
schedule specified in section 315, by purchase from willing sellers or
exchange, twenty-five thousand acre-feet of water rights in the Utah
Lake drainage basin to achieve the purposes of this section. Water
purchases which would have the effect of compromising groundwater
resources or dewatering agricultural lands in the Upper Provo River
areas should be avoided. Of the amounts authorized to be appropriated
by section 201, $15,000,000 shall be available only for the purposes of
this subsection.
(b) NONCONSUMPTIVE RIGHTS. -- A nonconsumptive right in perpetuity
to any water acquired under this section shall be tendered in accordance
with the laws of the State of Utah within thirty days of its acquisition
by the District to the Utah Division of Wildlife Resources for the
purposes of maintaining instream flows provided for in section 303(c)(3)
and 303(c)(4) for fish, wildlife, and recreation in the Provo River.
(c) AUTHORIZATION OF APPROPRIATIONS. -- Of the amounts authorized to
be appropriated by section 201, $4,000,000 shall be available only to
modify existing or construct new diversion structures on the Provo River
below the Murdock diversion to facilitate the purposes of this section.
SEC. 303. STREAM FLOWS.
(a) STREAM FLOW AGREEMENT. -- The District shall annually provide,
from project water if necessary, amounts of water sufficient to sustain
the minimum stream flows established pursuant to the Stream Flow
Agreement.
(b) INCREASED FLOWS IN THE UPPER STRAWBERRY RIVER TRIBUTARIES. --
(1) the District shall acquire, on an expedited basis with funds to be
provided by the Commission, or by the Secretary in the event the
Commission has not been established, in accordance with State law, the
provisions of this section, and the schedule specified in section 315,
all of the Strawberry basin water rights being diverted to the Heber
Valley through the Daniels Creek drainage and shall apply such rights to
increase minimum stream flows --
(A) in the upper Strawberry River and other tributaries to the
Strawberry Reservoir;
(B) in the lower Strawberry River from the base of Soldier
Creek Dam to Starvation Reservoir; and
(C) in other streams within the Uinta basin affected by the
Strawberry Collection System in such a manner as deemed by the
Commission in consultation with the United States Fish and
Wildlife Service and the Utah State Division of Wildlife Resources
to be in the best interest of fish and wildlife.
The Commission's decision under subparagraph (C) shall not establish a
statutory or otherwise mandatory minimum stream flow.
(2) The District may acquire the water rights identified in paragraph
(1) prior to completion of the facilities identified in paragraph (3)
only by lease and for a period not to exceed two years from willing
sellers or by replacement or exchange of water in kind. Such leases may
be extended for one additional year with the consent of Wasatch and Utah
counties. The District shall proceed to fulfill the purposes of this
subsection on an expedited basis but may not lease water from the
Daniels Creek Irrigation Company before the beginning of fiscal year
1993.
(3)(A) The District shall construct with funds provided for in
paragraph (4) a Daniels Creek replacement pipeline from the Jordanelle
Reservoir to the existing Daniels Creek Irrigation Company Water storage
facility for the purpose of providing a permanent replacement of water
in an amount equal to the Strawberry basin water being supplied by the
District for stream flows provided in paragraph (1) which would
otherwise have been diverted to the Daniels Creek drainage.
(B) Such Daniels Creek replacement water may be exchanged by the
District in accordance with State law with the Strawberry basin water
identified above to provide a permanent supply of water for minimum
flows provided in paragraph (1). Any such permanent replacement water
so exchanged into the Strawberry basin by the District shall be tendered
in accordance with State law within thirty days of its exchange by the
District to the Utah Division of Wildlife Resources for the purposes of
providing stream flows under paragraph (1).
(C) The Daniels Creek replacement water to be supplied by the
District shall be at least equal in quality and reliability to the
Daniels Creek water being replaced and shall be provided by the District
at a cost to the Daniels Creek Irrigation Company which does not exceed
the cost of supplying existing water deliveries (including operation and
maintenance) through the Daniels Creek diversion.
(4) Of the amounts authorized to be appropriated by section 201,
$10,500,000 shall be available to fulfill the purposes of this section
as follows:
(A) $500,000 for leasing of water pursuant to paragraph (2).
(B) $10,000,000 for construction of the Daniels Creek
replacement pipeline.
(C) Funds provided by this paragraph shall not be subject to
the requirements of section 204 and shall be included in the final
cost allocation provided for in section 211; except that not less
than $3,500,000 shall be treated as an expense under section 8,
and $7,000,000 shall be treated as an expense under section 5 of
the Act of April 11, 1956 (70 Stat. 110; 43 U.S.C. 105).
(D) Funds provided for the Daniels Creek replacement pipeline
may be expended so as to integrate such pipeline with the Wasatch
County conservation measures provided for in section 207(e)(2) and
the Wasatch County Water Efficiency Project authorized in section
202(a)(3).
(c) STREAM FLOWS IN THE BONNEVILLE UNIT. -- The yield and operating
plans for the Bonneville Unit of the Central Utah Project shall be
established or adjusted to provide for the following minimum stream
flows, which flows shall be provided continuously and in perpetuity from
the date first feasible, as determined by the Commission in consultation
with the United States Fish and Wildlife Service and the Utah State
Division of Wildlife Resources:
(1) In the Diamond Fork River drainage subsequent to completion
of the Monks Hollow Dam or other structure that rediverts water
from the Diamond Fork River Drainage into the Diamond Fork
component of the Bonneville Unit of the Central Utah Project --
(A) in Sixth Water Creek, from the exit of Strawberry Valley
Tunnel to the Last Chance Powerplant and Switchyard, not less than
thirty-two cubic feet per second during the months of May through
October and not less than twenty-five cubic feet per second during
the months of November through April, and
(B) in the Diamond Fork River, from the bottom of the Monks
Hollow Dam to the Spanish Fork River, not less than eighty cubic
feet per second during the months of May through September and not
less than sixty cubic feet per second during the months of October
through April, which flows shall be provided by the Bonneville
Unit of the Central Utah Project.
(2) In the Provo River from the base of Jordanelle Dam to Deer
Creek Reservoir a minimum of one hundred and twenty-five cubic
feet per second.
(3) In the Provo River from the confluence of Deer Creek and
the Provo River to the Olmsted Diversion a minimum of one hundred
cubic feet per second.
(4) Upon the acquisition of the water rights in the Provo
Drainage identified in section 302, in the Provo River from the
Olmsted Diversion to Utah Lake, a minimum of seventy-five cubic
feet per second.
(5) In the Strawberry River, from the base of Starvation Dam to
the confluence with the Duchesne River, a minimum of fifteen cubic
feet per second.
(d) MITIGATION OF EXCESSIVE FLOWS IN THE PROVO RIVER. -- The
District shall, with public involvement, prepare and conduct a study and
develop a plan to mitigate the effects of peak season flows in the Provo
River. Such study and plan shall be developed in consultation with the
Fish and Wildlife Service, the Utah Division of Water Rights, the Utah
Division of Wildlife Resources, affected water right holders and users,
the Commission, and the Bureau. The study and plan shall discuss and be
based upon, at a minimum, all mitigation and conservation opportunities
identified through --
(1) a fishery and recreational use study that addresses
anticipated peak flows;
(2) study of the mitigation and conservation opportunities
possible through habitat or stream bed modification;
(3) study of the mitigation and conservation opportunities
associated with the operating agreements referred to in section
209;
(4) study of the mitigation and conservation opportunities
associated with the water acquisitions contemplated by section
302;
(5) study of the mitigation and conservation opportunities
associated with section 202(2);
(6) study of the mitigation and conservation opportunities
available in connection with water right exchanges; and
(7) study of the mitigation and conservation opportunities that
could be achieved by construction of a bypass flowline from the
base of Deer Creek Reservoir to the Olmsted Diversion.
(e) EARMARK. -- Of the amounts authorized to be appropriated by
section 201, $500,000 shall be available only for the implementation of
subsection (d).
(f) STRAWBERRY VALLEY TUNNEL. -- (1) Upon completion of the Diamond
Fork System, the Strawberry Tunnel shall not be used except for
deliveries of water for the instream purposes specified in subsection
(c). All other waters for the Bonneville Unit and Strawberry Valley
Reclamation Project purposes shall be delivered through the Diamond Fork
System.
(2) Paragraph (1) shall not apply during any time in which the
District, in consultation with the Commission, has determined that the
Syar Tunnel or the Sixth Water Aqueduct is rendered unusable or
emergency circumstances require the use of the Strawberry Valley Tunnel
for the delivery of contracted Central Utah Project water and Strawberry
Valley Reclamation Project water.
SEC. 304. FISH, WILDLIFE, AND RECREATION PROJECTS IDENTIFIED OR
PROPOSED IN THE 1988 DEFINITE PLAN REPORT FOR THE CENTRAL UTAH PROJECT.
The fish, wildlife, and recreation projects identified or proposed in
the 1988 Definite Plan Report which have not been completed as of the
date of enactment of this Act shall be completed in accordance with the
1988 Definite Plan Report and the schedule specified in section 315,
unless otherwise provided in this Act.
SEC. 305. WILDLIFE LANDS AND IMPROVEMENTS.
(a) ACQUISITION OF RANGELANDS. -- In addition to lands acquired on
or before the date of enactment of this Act and in addition to the
acreage to be acquired in accordance with the 1988 Definite Plan Report,
the Commission shall acquire on an expedited basis from willing sellers,
in accordance with the schedule specified in section 315 and a plan to
be developed by the Commission, big game winter range lands to
compensate for the impacts of Federal reclamation projects in Utah.
Such lands shall be transferred to the Utah Division of Wildlife
Resources or, for such parcels as may be within the boundaries of
Federal land ownerships, to the appropriate Federal agency, for
management as a big game winter range. In the case of such transfers,
lands acquired within the boundaries of a national forest shall be
administered by the Secretary of Agriculture as a part of the National
Forest System. Of the amounts authorized to be appropriated by section
201, $1,300,000 shall be available only for the purposes of this
subsection.
(b) BIG GAME CROSSINGS AND WILDLIFE ESCAPE RAMPS. -- In addition to
the measures to be taken in accordance with the 1988 Definite Plan
Report, the Commission shall construct big game crossings and wildlife
escape ramps for the protection of big game animals along the Provo
Reservoir Canal, Highline Canal, Strawberry Power Canal, and others. Of
the amounts authorized to be appropriated by section 201, $750,000 shall
be available only for the purposes of this subsection.
SEC. 306. WETLANDS ACQUISITION, REHABILITATION, AND ENHANCEMENT.
(a) WETLANDS AROUND THE GREAT SALT LAKE. -- Of the amounts
authorized to be appropriated by section 201, $14,000,000 shall be
available only for the planning and implementation of projects to
preserve, rehabilitate, and enhance wetland areas around the Great Salt
Lake in accordance with a plan to be developed by the Commission.
(b) INVENTORY OF SENSITIVE SPECIES AND ECOSYSTEMS. -- (1) The
Commission shall, in cooperation with the Utah Division of Wildlife
Resources and other appropriate State and Federal agencies, inventory,
priortize, and map the occurrences in Utah of sensitive nongame wildlife
species and their habitats.
(2) Of the amounts authorized to be appropriated by section 201,
$750,000 shall be available only to carry out paragraph (1) of this
section.
(3) The Commission shall, in cooperation with the Utah Department of
Natural Resources and other appropriate State and Federal agencies,
inventory, prioritize, and map the occurrences in Utah of sensitive
plant species and ecosystems.
(4) Of the amounts authorized to be appropriated by section 201,
$750,000 shall be available for the Utah Natural Heritage Program only
to carry out paragraph (3) of this section.
(c) UTAH LAKE WETLANDS PRESERVE. -- (1) The Commission, in
consultation with the Utah Division of Wildlife Resources and the United
States Fish and Wildlife Service, shall, in accordance with paragraph
(9), acquire private land, water rights, conservation easements, or
other interests therein, necessary for the establishment of a wetlands
preserve adjacent to or near the Goshen Bay and Benjamin Slough areas of
Utah Lake as depicted on a map entitled "Utah Lake Wetland Preserve" and
dated September 1990. Such a map shall be on file and available for
inspection in the office of the Secretary of the Interior, Washington,
District of Columbia.
(2) The Secretary shall enter into an agreement under which the
Wetlands Preserve acquired under paragraph (1) shall be managed by the
Utah Division of Wildlife Resources pursuant to a plan developed in
consultation with the Secretary and in accordance with this Act and the
substantive requirements of the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.).
(3) The Wetlands Preserve shall be managed for the protection of
migratory birds, wildlife habitat, and wetland values in a manner
compatible with the surrounding farmlands, orchards, and agricultural
production area. Grazing will be allowed for wildlife habitat
management purposes in accordance with the Act referenced in paragraph
(2) and as determined by the Division to be compatible with the purposes
stated herein.
(4) Nothing in this subsection shall restrict traditional
agricultural practices (including the use of pesticides) on adjacent
properties not included in the preserve by acquisition or easement.
(5) Nothing in this subsection shall affect existing water rights
under Utah State law.
(6) Nothing in this subsection shall grant authority to the Secretary
to introduce a federally protected species into the wetlands preserve.
(7) The creation of this preserve shall not in any way interfere with
the operation of the irrigation and drainage system authorized by
section 202(a)(1).
(8) All water rights not appurtenant to the lands purchased for the
Wetlands Preserve acquired under paragraph (1) shall be purchased from
the District at an amount not to exceed the cost of the District in
acquiring such rights.
(9) Of the amounts authorized to be appropriated by section 201,
$16,690,000 shall be available for acquisition of the lands, water
rights, and other interests therein described in paragraph (1) of this
subsection for the establishment of the Utah Lake Wetland Preserve.
(10) Lands, easements, or water rights may not be acquired pursuant
to this subsection without the consent of the owner of such lands or
water rights.
(11) Base property of a lessee or permittee (and the heirs of such
lessee or permittee) under a Federal grazing permit or lease held on the
date of enactment of this Act shall include any land of such lessee or
permittee acquired by the Commission under this subsection.
(d) PROVO BAY. -- In order to protect wetland habitat, the United
States shall not issue any Federal permit which allows commercial,
industrial, or residential development on the southern portion of Provo
Bay in Utah Lake, as described herein and depicted on a map dated
October 11, 1990, except that recreational development consistent with
wildlife habitat values shall be permitted. The southern portion of
Provo Bay referred to in this subsection shall be that area extending
two thousand feet out into the Bay from the ordinary high water line on
the south shore of Provo Bay, beginning at a point at the mouth of the
Spanish Fork River and extending generally eastward along the ordinary
high water line to the intersection of such line with the Provo City
limit, as it existed as of October 10, 1990, on the east shore of the
Bay. Such a map shall be on file and available for inspection in the
office of the Secretary of the Interior, Washington, District of
Columbia. Nothing in this Act shall restrict present or future
development of the Provo City Airport or airport access roads along the
north side of Provo Bay.
SEC. 307. FISHERIES ACQUISITION, REHABILITATION, AND ENHANCEMENT.
Of the amounts authorized to be appropriated by section 201, the
following amounts shall be in addition to amounts available under the
1988 Definite Plan Report and shall be available only for fisheries
acquisition, rehabilitation, and improvement within the State:
(1) $750,000 for fish habitat restoration on the Provo River
between the Jordanelle and Deer Creek Reservoirs.
(2) $4,000,000 for fish habitat restoration in streams impacted
by Federal reclamation projects in Utah.
(3) $1,000,000 for the restoration of tributaries of the
Strawberry Reservoir to assure trout spawning recruitment.
(4) $1,500,000 for post-treatment management and fishery
development costs at the Strawberry Reservoir.
(5) $1,000,000 for (A) a study to be conducted as directed by
the Commission to determine the appropriate means for improving
Utah Lake as a warm water fishery and other related issues; and
(B) development of facilities and programs to implement
management objectives.
(6) $1,000,000 for fish habitat restoration and improvements in
the Diamond Fork River and Sixth Water Creek drainages.
(7) $475,000 for the restoration of native cutthroat trout
populations in streams and lakes in the Bonneville Unit project
area.
(8) $2,500,000 for watershed restoration and improvements,
erosion control, and wildlife habitat restoration and improvements
in the Avintaquin, Red, and Currant Creek drainages and other
Strawberry River drainages affected by the development of Federal
reclamation projects in Utah.
SEC. 308. STABILIZATION OF HIGH MOUNTAIN LAKES IN THE UINTA
MOUNTAINS.
(a) REVISION OF PLAN. -- The project plan for the stabilization of
high mountain lakes in the Upper Provo River drainage shall be revised
to require that the following lakes will be stabilized at levels
beneficial for fish habitat and recreation: Big Elk, Crystal, Duck,
Fire, Island, Long, Wall, Marjorie, Pot, Star, Teapot, and Weir.
Overland access by vehicles or equipment for stabilization and
irrigation purposes under this subsection shall be minimized within the
Lakes Management Area boundary, as depicted on the map in the
Wasatch-Cache National Forest Plan (p. IV-166, dated 1987), to a level
of practical necessity.
(b) COSTS OF REHABILITATION. -- (1) The costs of rehabilitating
water storage features at Trial, Washington, and Lost Lakes, which are
to be used for project purposes, shall be borne by the project from
amounts made available pursuant to section 201. Existing roads may be
used for overland access to carry out such rehabilitation.
(2) The costs of stabilizing each of the lakes referred to in
subsection (a) which is to be used for a purpose other than irrigation
shall be treated as an expense under section 8.
(c) FISH AND WILDLIFE HABITAT. -- Of the amounts authorized to be
appropriated by section 201, $5,000,000 shall be available only for
stabilization and fish and wildlife habitat restoration in the lakes
referred to in subsection (a). This amount shall be in addition to the
$7,538,000 previously authorized for appropriation under section 5 of
the Act of April 11, 1956 (43 U.S.C. 620g) for the stabilization and
rehabilitation of the lakes described in this section.
SEC. 309. STREAM ACCESS AND RIPARIAN HABITAT DEVELOPMENT.
(a) IN GENERAL. -- Of the amounts authorized to be appropriated by
section 201, the following amounts shall be in addition to amounts
available under the 1988 Definite Plan Report and shall be available
only for stream access and riparian habitat development in the State:
(1) $750,000 for rehabilitation of the Provo River riparian
habitat development between Jordanelle Reservoir and Utah Lake.
(2) $250,000 for rehabilitation and development of watersheds
and riparian habitats along Diamond Fork and Sixth Water Creek.
(3) $350,000 for additional watershed stabilization,
terrestrial wildlife and riparian habitat improvements, and road
closures within the Central Utah Project area.
(4) $8,500,000 for the acquisition of additional recreation and
angler accesses and riparian habitats, which accesses and habitats
shall be acquired in accordance with the recommendation of the
Commission.
(b) STUDY OF IMPACT TO WILDLIFE AND RIPARIAN HABITATS WHICH
EXPERIENCE REDUCED WATER FLOWS AS A RESULT OF THE STRAWBERRY COLLECTION
SYSTEM. -- Of the amounts authorized to be appropriated by section 201,
$400,000 shall be available only for the Commission to conduct a study
of the impacts to soils and riparian fish and wildlife habitat in
drainages that will experience substantially reduced water flows
resulting from the operation of the Strawberry Collection System. The
study shall identify mitigation opportunities that represent
alternatives to increasing stream flows and make recommendations to the
Commission.
SEC. 310. SECTION 8 EXPENSES.
(a) Unless otherwise expressly provided, all of the amounts
authorized to be appropriated by this Act and listed in subsection (b)
of this section shall be treated as expenses under section 8.
(b) The sections referred to in subsection (a) of this section are as
follows: title III, and section 402(b)(2).
SEC. 311. JORDAN AND PROVO RIVER PARKWAYS AND NATURAL AREAS.
(a) FISHERIES. -- Of the amounts authorized to be appropriated by
section 201, $1,150,000 shall be available only for fish habitat
improvements to the Jordan River.
(b) RIPARIAN HABITAT REHABILITATION. -- Of the amounts authorized to
be appropriated by section 201, $750,000 shall be available only for
Jordan River riparian habitat rehabilitation, which amount shall be in
addition to amounts available under the 1988 Definite Plan Report.
(c) WETLANDS. -- Of the amounts authorized to be appropriated by
section 201, $7,000,000 shall be available only for the acquisition of
wetland acreage, including those along the Jordan River identified by
the multi-agency technical committee for the Jordan River Wetlands
Advance Identification Study.
(d) RECREATIONAL FACILITIES. -- (1) Of the amounts authorized to be
appropriated by section 201, $500,000 shall be available only to
construct recreational facilities within Salt Lake County proposed by
the State of Utah for the "Provo/Jordan River Parkway", a description of
which is set forth in the report to accompany the bill H.R. 429 (S.Rept.
102-267).
(2) Of the amounts authorized to be appropriated by section 201,
$500,000 shall be available only to construct recreational facilities
within Utah and Wasatch Counties proposed by the State of Utah for the
"Provo/Jordan River Parkway", a description of which is set forth in the
report to accompany the bill H.R. 429 (S.Rept. 102-267).
(e) PROVO RIVER CORRIDOR. -- Of the amounts authorized to be
appropriated by section 201, $1,000,000 shall be available only for
riparian habitat acquisition and preservation, stream habitat
improvements, and recreation and angler access provided on a willing
seller basis along the Provo River from the Murdock diversion to Utah
Lake, as determined by the Commission after consultation with local
officials.
SEC. 312. RECREATION.
Of the amounts authorized to be appropriated by section 201, the
following amounts shall be available to the Commission only for Central
Utah Project recreation features:
(a) $2,000,000 for Utah Lake recreational improvements as
proposed by the State and local governments.
(b) $750,000 for additional recreation improvements, which
shall be made in accordance with recommendations made by the
Commission, associated with Central Utah Project features and
affected areas, including camping facilities, hiking trails, and
signing.
SEC. 313. FISH AND WILDLIFE FEATURES IN THE COLORADO RIVER STORAGE
PROJECT.
Of the amounts authorized to be appropriated by section 201, the
following amounts shall be available only to provide mitigation and
restoration of watersheds and fish and wildlife resources in Utah
impacted by the Colorado River Storage Project:
(a) HABITAT IMPROVEMENTS IN CERTAIN DRAINAGES. -- $1,125,000 shall
be available only for watershed and fish and wildlife improvements in
the Fremont River drainage, which shall be expended in accordance with a
plan developed by the Commission in consultation with the Wayne County
Water Conservancy District.
(b) SMALL DAMS AND WATERSHED IMPROVEMENTS. -- $4,000,000 shall be
available only for land acquisition for the purposes of watershed
restoration and protection in the Albion Basin in the Wasatch Mountains
and for restoration and conservation related improvements to small dams
and watersheds on State of Utah lands and National Forest System lands
within the Central Utah Project and the Colorado River Storage Project
area in Utah, which amounts shall be expended in accordance with a plan
developed by the Commission.
(c) FISH HATCHERY PRODUCTION. -- $22,800,000 shall be available only
for the planning and implementation of improvements to existing hatchery
facilities or the construction and development of new fish hatcheries to
increase production of warmwater and coldwater fishes for the areas
affected by the Colorado River Storage Project in Utah. Such
improvements and construction shall be implemented in accordance with a
plan identifying the long-term needs and management objectives for
hatchery production prepared by the United States Fish and Wildlife
Service, in consultation with the Utah Division of Wildlife Resources,
and adopted by the Commission. The cost of operating and maintaining
such new or improved facilities shall be borne by the Secretary.
SEC. 314. CONCURRENT MITIGATION APPROPRIATIONS.
Notwithstanding any other provision of this Act, the Secretary is
directed to allocate funds appropriated for each fiscal year pursuant to
titles II through IV of this Act as follows:
(a) Deposit the Federal contribution to the Account authorized
in section 402(b)(2).
(b) Of any remaining funds, allocate the amounts available for
implementation of the mitigation and conservation projects and
features specified in the schedule in section 315 concurrently
with amounts available for implementation of title II of this Act.
(c) Of the amounts allocated for implementation of the
mitigation and conservation projects and features specified in the
schedule in section 315, three percent of the total shall be used
by the Secretary to fulfill subsections (d) and (e) of this
section.
(d) The Secretary shall use the sums identified in subsection
(c) outside the State of Utah to:
(1) restore damaged natural ecosystems on public lands and
waterways affected by the Federal Reclamation program;
(2) acquire, from willing sellers only, other lands and
properties, including water rights, or appropriate interests
therein, with restorable damaged natural ecosystems, and restore
such ecosystems;
(3) provide jobs and sustainable economic development in a
manner that carries out the other purposes of this subsection;
(4) provide expanded recreational opportunities; and
(5) support and encourage research, training, and education in
methods and technologies of ecosystem restoration.
(e) In implementing subsection (d), the Secretary shall give
priority to restoration and acquisition of lands and properties or
appropriate interests therein where repair of compositional,
structural, and functional values will:
(1) reconstitute natural biological diversity that has been
diminished;
(2) assist the recovery of species populations, communities,
and ecosystems that are unable to survive on-site without
intervention;
(3) allow reintroduction and reoccupation by native flora and
fauna;
(4) control or eliminate exotic flora and fauna that are
damaging natural ecosystems;
(5) restore natural habitat for the recruitment and survival of
fish, waterfowl, and other wildlife;
(6) provide additional conservation values to State and local
government lands;
(7) add to structural and compositional values of existing
ecological preserves or enhance the viability, defensibility, and
manageability of ecological preserves; and
(8) restore natural hydrological effects including sediment and
erosion control, drainage, percolation, and other water quality
improvement capacity.
SEC. 315. FISH, WILDLIFE, AND RECREATION SCHEDULE.
The mitigation and conservation projects and features shall be
implemented in accordance with the following schedule:
SEC. 401. FINDINGS AND PURPOSE.
(a) FINDINGS. -- The Congress finds that --
(1) the State of Utah is a State in which one of the largest
trans-basin water diversions occurs, dewatering important natural
areas as a result of the Colorado River Storage Project;
(2) the State of Utah is one of the most ecologically
significant States in the Nation, and it is therefore important to
protect, mitigate, and enhance sensitive species and ecosystems
through effective long-term mitigation;
(3) the challenge of mitigating the environmental consequences
associated with trans-basin water diversions are complex and
involve many projects and measures (some of which are presently
unidentifiable) and the costs for which will continue after
projects of the Colorado River Storage Project in Utah are
completed; and
(4) environmental mitigation associated with the development of
the projects of the Colorado River Storage Project in the State of
Utah are seriously in arrears.
(b) PURPOSES. -- The purpose of this title is to establish an
ongoing account to ensure that --
(1) the level of environmental protection, mitigation, and
enhancement achieved in connection with projects identified in
this Act and elsewhere in the Colorado River Storage Project in
the State of Utah is preserved and maintained;
(2) resources are available to manage and maintain investments
in fish and wildlife and recreation features of the projects
identified in this Act and elsewhere in the Colorado River Storage
Project in the State of Utah;
(3) resources are available to address known environmental
impacts of the projects identified in this Act and elsewhere in
the Colorado River Storage Project in the State of Utah for which
no funds are being specifically authorized for appropriation and
earmarked under this Act; and
(4) resources are available to address presently unknown
environmental needs and opportunities for enhancement within the
areas of the State of Utah affected by the projects identified in
this Act and elsewhere in the Colorado River Storage Project.
SEC. 402. UTAH RECLAMATION MITIGATION AND CONSERVATION ACCOUNT.
(a) ESTABLISHMENT. -- There is hereby established in the Treasury of
the United States a Utah Reclamation Mitigation and Conservation Account
(hereafter in this title referred to as the "Account"). Amounts in the
Account shall be available for the purposes set forth in section 401(b).
(b) DEPOSITS INTO THE ACCOUNT. -- Amounts shall be deposited into
the Account as follows:
(1) STATE CONTRIBUTIONS. -- In each of fiscal years 1994
through 2001, or until the fiscal year in which the project is
declared substantially complete, whichever occurs first, a
voluntary contribution of $3,000,000 from the State of Utah.
(2) FEDERAL CONTRIBUTIONS. -- In each of fiscal years 1994
through 2001, or until the fiscal year in which the project is
declared substantially complete, whichever occurs first,
$5,000,000 from amounts authorized to be appropriated by section
201, which shall be treated as an expense under section 8.
(3) CONTRIBUTIONS FROM PROJECT BENEFICIARIES. -- (A) In each
of fiscal years 1994 through 2001, or until the fiscal year in
which the project is declared substantially complete in accordance
with this Act, whichever occurs first, $750,000 in non-Federal
funds from the District.
(B) $5,000,000 annually by the Secretary of Energy out of funds
appropriated to the Western Area Power Administration, such
expenditures to be considered nonreimbursable and nonreturnable.
(C) The annual contributions described in subparagraphs (A) and
(B) shall be increased proportionally on March 1 of each year by
the same percentage increase during the previous calendar year in
the Consumer Price Index for urban consumers, published by the
Department of Labor.
(4) INTEREST AND UNEXPENDED FUNDS. -- (A) Any amount
authorized and earmarked for fish, wildlife, or recreation
expenditures which is appropriated but not obligated or expended
by the Commission upon its termination under section 301.
(B) All funds annually appropriated to the Secretary for the
Commission.
(C) All interest earned on amounts in the Account.
(D) Amounts not obligated or expended after the completion of a
construction project and available pursuant to section 301(j).
(c) OPERATION OF THE ACCOUNT. -- (1) All funds deposited as
principal in the Account shall earn interest in the amount determined by
the Secretary of the Treasury on the basis of the current average market
yield on outstanding marketable obligations of the United States of
comparable maturities. Such interest shall be added to the principal of
the Account until completion of the projects and features specified in
the schedule in section 315. After completion of such projects and
features, all interest earned on amounts remaining in or deposited to
the principal of the Account shall be available to the Commission
pursuant to subsection (c)(2) of this section.
(2) The Commission is authorized to administer and expend without
further authorization and appropriation by Congress all sums deposited
into the Account pursuant to subsections (b)(4)(D), (b)(3)(A), and
(b)(3)(B), as well as interest not deposited to the principal of the
Account pursuant to paragraph (1) of this subsection. The Commission
may elect to deposit funds not expended under subsections (b)(4)(D),
(b)(3)(A), and (b)(3)(B) into the Account as principal.
(3) All amounts deposited in the Account pursuant to subsections (b)
(1) and (2), and any amount deposited as principal under paragraphs
(c)(1) and (c)(2), shall constitute the principal of the Account. No
part of the principal amount may be expended for any purpose.
(d) ADMINISTRATION BY THE UTAH DIVISION OF WILDLIFE RESOURCES. --
(1) After the date on which the Commission terminates under section 301,
the Utah Division of Wildlife Resources or its successor shall receive
--
(A) all amounts contributed annually to the Account pursuant to
section 402(b)(3)(B); and
(B) all interest on the principal of the Account, at the
beginning of each year. The portion of the interest earned on the
principal of the Account that exceeds the amount required to
increase the principal of the Account proportionally on March 1 of
each year by the percentage increase during the previous calendar
year in the Consumer Price Index for urban consumers published by
the Department of Labor, shall be available for expenditure by the
Division in accordance with this section.
(2) The funds received by the Utah Division of Wildlife Resources
under paragraph (1) shall be expended in a manner that fulfills the
purposes of the Account established under this Act, in consultation with
and pursuant to, a conservation plan and amendments thereto to be
developed by the Utah Division of Wildlife Resources, in cooperation
with the United States Forest Service, the Bureau of Land Management of
the Department of the Interior, and the United States Fish and Wildlife
Service.
(3) The funds to be distributed from the Account shall not be applied
as a substitute for funding which would otherwise be provided or
available to the Utah Division of Wildlife Resources.
(e) AUDIT BY INSPECTOR GENERAL. -- The financial management of the
Account shall be subject to audit by the Inspector General of the
Department of the Interior.
SEC. 501. FINDINGS.
(a) FINDINGS. -- The Congress finds the following --
(1) the unquantified Federal reserved water rights of the Ute
Indian Tribe are the subject of existing claims and prospective
lawsuits involving the United States, the State, and the District
and numerous other water users in the Uinta Basin. The State and
the Tribe negotiated, but did not implement, a compact to quantify
the Tribe's reserved water rights.
(2) There are other unresolved Tribal claims arising out of an
agreement dated September 20, 1965, where the Tribe deferred
development of a portion of its reserved water rights for 15,242
acres of the Tribe's Group 5 Lands in order to facilitate the
construction of the Bonneville Unit of the Central Utah Project.
In exchange the United States undertook to develop substitute
water for the benefit of the Tribe.
(3) It was intended that the Central Utah Project, through
construction of the Upalco and Uintah Units (Initial Phase) and
the Ute Indian Unit (Ultimate Phase) would provide water for
growth in the Uinta Basin and for late season irrigation for both
the Indians and non-Indian water users. However, construction of
the Upalco and Uintah Units has not been undertaken, in part
because the Bureau was unable to find adequate and economically
feasible reservoir sites. The Ute Indian Unit has not been
authorized by Congress, and there is no present intent to proceed
with Ultimate Phase construction.
(4) Without the implementation of the plans to construct
additional storage in the Uinta Basin, the water users (both
Indian and non-Indian) continue to suffer water shortages and
resulting economic decline.
(b) PURPOSE. -- This Act and the proposed Revised Ute Indian Compact
of 1990 are intended to --
(1) quantify the Tribe's reserved water rights;
(2) allow increased beneficial use of such water; and
(3) put the Tribe in the same economic position it would have
enjoyed had the features contemplated by the September 20, 1965
Agreement been constructed.
SEC. 502. PROVISIONS FOR PAYMENT TO THE UTE INDIAN TRIBE.
(a) BONNEVILLE UNIT TRIBAL CREDITS. -- (1) Commencing one year after
the date of enactment of this Act, and continuing for fifty years, the
Tribe shall receive from the United States 26 percent of the annual
Bonneville Unit municipal and industrial capital repayment obligation
attributable to thirty-five thousand five hundred acre-feet of water,
which represents a portion of the Tribe's water rights that were to be
supplied by storage from the Central Utah Project, but will not be
supplied because the Upalco and Uintah units are not to be constructed.
(2)(A) Commencing in the year 2042, the Tribe shall collect from the
District 7 percent of the then fair market value of thirty-five thousand
five hundred acre-feet of Bonneville Unit agricultural water which has
been converted to municipal and industrial water. The fair market value
of such water shall be recalculated every five years.
(B) In the event thirty-five thousand five hundred acre-feet of
Bonneville Unit converted agricultural water to municipal and industrial
have not yet been marketed as of the year 2042, the Tribe shall receive
7 percent of the fair market value of the first thirty-five thousand
five hundred acre-feet of such water converted to municipal and
industrial water. The monies received by the Tribe under this title
shall be utilized by the Tribe for governmental purposes, shall not be
distributed per capita, and shall be used to enhance the educational,
social, and economic opportunities for the Tribe.
(b) BONNEVILLE UNIT TRIBAL WATERS. -- The Secretary is authorized to
make any unused capacity in the Bonneville Unit Strawberry Aqueduct and
Collection System diversion facilities available for use by the Tribe.
Unused capacity shall constitute capacity, only as available, in excess
of the needs of the District for delivery of Bonneville Unit water and
for satisfaction of minimum streamflow obligations established by this
Act. In the event that the Tribe elects to place water in these
components of the Bonneville Unit system, the Secretary and District
shall only impose an operation and maintenance charge. Such charge
shall commence at the time of the Tribe's use of such facilities. The
operation and maintenance charge shall be prorated on a per acre-foot
basis, but shall only include the operation and maintenance costs of
facilities used by the Tribe and shall only apply when the Tribe elects
to use the facilities. As provided in the Ute Indian Compact, transfers
of certain Indian reserved rights water to different lands or different
uses will be made in accordance with the laws of the State of Utah
governing change or exchange applications.
(c) ELECTION TO RETURN TRIBAL WATERS. -- Notwithstanding the
authorization provided for in subparagraph (b), the Tribe may at any
time elect to return all or a portion of the water which it delivered
under subparagraph (b) for use in the Uinta Basin. Any such Uinta Basin
use shall protect the rights of non-Indian water users existing at the
time of the election. Upon such election, the Tribe will relinquish any
and all rights which it may have acquired to transport such water
through the Bonneville Unit facilities.
SEC. 503. TRIBAL USE OF WATER.
(a) RATIFICATION OF REVISED UTE INDIAN COMPACT. -- The Revised Ute
Indian Compact of 1990, dated October 1, 1990, reserving waters to the
Ute Indian Tribe and establishing the uses and management of such Tribal
waters, is hereby ratified and approved, subject to re-ratification by
the State and the Tribe. The Secretary is authorized to take all
actions necessary to implement the Compact.
(b) THE INDIAN INTERCOURSE ACT. -- The provisions of section 2116 of
the Revised Statutes (25 U.S.C. 177) shall not apply to any water rights
confirmed in the Compact. Nothing in this subsection shall be
considered to amend, construe, supersede or preempt any State law,
Federal law, interstate compact or international treaty that pertains to
the Colorado River or its tributaries, including the appropriation, use,
development and storage, regulation, allocation, conservation,
exportation or quality of those waters.
(c) RESTRICTION ON DISPOSAL OF WATERS INTO THE LOWER COLORADO RIVER
BASIN. -- None of the waters secured to the Tribe in the Revised Ute
Indian Compact of 1990 may be sold, exchanged, leased, used, or
otherwise disposed of into or in the Lower Colorado River Basin, below
Lees Ferry, unless water rights within the Upper Colorado River Basin in
the State of Utah held by non-Federal, non-Indian users could be so
sold, exchanged, leased, used, or otherwise disposed of under Utah State
law, Federal law, interstate compacts, or international treaty pursuant
to a final, nonappealable order of a Federal court or pursuant to an
agreement of the seven States signatory to the Colorado River Compact;
Provided, however, That in no event shall such transfer of Indian water
rights take place without the filing and approval of the appropriate
applications with the Utah State Engineer pursuant to Utah State law.
(d) USE OF WATER RIGHTS. -- The use of the rights referred to in
subsection (a) within the State of Utah shall be governed solely as
provided in this section and the Revised Compact referred to in section
503(a). The Tribe may voluntarily elect to sell, exchange, lease, use,
or otherwise dispose of any portion of a water right confirmed in the
Revised Compact off the Uintah and Ouray Indian Reservation. If the
Tribe so elects, and as a condition precedent to such sale, exchange,
lease, use, or other disposition, that portion of the Tribe's water
right shall be changed to a State water right, but shall be such a State
water right only during the use of that right off the reservation, and
shall be fully subject to State laws, Federal laws, interstate compacts,
and international treaties applicable to the Colorado River and its
tributaries, including the appropriation, use, development, storage,
regulation, allocation, conservation, exportation, or quality of those
waters.
(e) RULES OF CONSTRUCTION. -- Nothing in titles II through VI of
this Act or in the Revised Ute Indian Compact of 1990 shall --
(1) constitute authority for the sale, exchange, lease, use, or
other disposal of any Federal reserved water right off the
reservation;
(2) constitute authority for the sale, exchange, lease, use, or
other disposal of any Tribal water right outside the State of
Utah; or
(3) be deemed a congressional determination that any holders of
water rights do or do not have authority under existing law to
sell, exchange, lease, use, or otherwise dispose of such water or
water rights outside the State of Utah.
SEC. 504. TRIBAL FARMING OPERATIONS.
Of the amounts authorized to be appropriated by section 501,
$45,000,000 is authorized for the Secretary to permit the Tribe to
develop over a three-year period --
(1) a seven thousand five hundred acre farming/feed lot
operation equipped with satisfactory off-farm and on-farm water
facilities out of tribally-owned lands and adjoining non-Indian
lands now served by the Uintah Indian Irrigation Project;
(2) a plan to reduce the Tribe's expense on the remaining
sixteen thousand acres of tribal land now served by the Uintah
Indian Irrigation Project; and
(3) a fund to permit tribal members to upgrade their individual
farming operations.
Any non-Indian lands acquired under this section shall be acquired from
willing sellers and shall not be added to the reservation of the Tribe.
SEC. 505. RESERVOIR, STREAM, HABITAT AND ROAD IMPROVEMENTS WITH
RESPECT TO THE UTE INDIAN RESERVATION.
(a) REPAIR OF CEDARVIEW RESERVOIR. -- Of the amount authorized to be
appropriated by section 201, $5,000,000 shall be available to the
Secretary, in cooperation with the Tribe, to repair the leak in
Cedarview Reservoir in Dark Canyon, Duchesne County, Utah, so that the
resultant surface area of the reservoir is two hundred and ten acres.
(b) RESERVATION STREAM IMPROVEMENTS. -- Of the amount authorized to
be appropriated by section 201, $10,000,000 shall be available for the
Secretary, in cooperation with the Tribe and in consultation with the
Commission, to undertake stream improvements to not less than 53 linear
miles (not counting meanders) for the Pole Creek, Rock Creek,
Yellowstone River, Lake Fork River, Uinta River, and Whiterocks River,
in the State of Utah. Nothing in this authorization shall increase the
obligation of the District to deliver more than 44,400 acre-feet of
Central Utah Project water as its contribution to the preservation of
minimum stream flows in the Uinta Basin.
(c) BOTTLE HOLLOW RESERVOIR. -- Of the amount authorized to be
appropriated by section 201, $500,000 in an initial appropriation shall
be available to permit the Secretary to clean the Bottle Hollow
Reservoir on the Ute Indian Reservation of debris and trash resulting
from a submerged sanitary landfill, to remove all non-game fish, and to
secure minimum flow of water to the reservoir to make it a suitable
habitat for a cold water fishery. The United States, and not the Tribe,
shall be responsible for cleanup and all other responsibilities relating
to the presently contaminated Bottle Hollow waters.
(d) MINIMUM STREAM FLOWS. -- As a minimum, the Secretary shall
endeavor to maintain continuous releases into Rock Creek to maintain
twenty-nine cubic feet per second during May through October and
continuous releases into Rock Creek of twenty-three cubic feet per
second during November through April, at the reservation boundary.
Nothing in this authorization shall increase the obligation of the
District to deliver more than forty-four thousand four hundred acre-feet
of Central Utah Project water as its contribution to the preservation of
minimum stream flow in the Uinta Basin.
(e) LAND TRANSFER. -- The Bureau shall transfer 315 acres of land to
the Forest Service, located at the proposed site of the Lower Stillwater
Reservoir as a wildlife mitigation measure.
(f) RECREATION ENHANCEMENT. -- Of the amount authorized to be
appropriated by section 201, $10,000,000 shall be available for the
Secretary, in cooperation with the Tribe, to permit the Tribe to
develop, after consultation with the appropriate fish, wildlife, and
recreation agencies, big game hunting, fisheries, campgrounds and fish
and wildlife management facilities, including administration buildings
and grounds on the Uintah and Ouray Reservation, in lieu of the
construction of the Lower Stillwater Dam and related facilities.
(g) MUNICIPAL WATER CONVEYANCE SYSTEM. -- Of the amounts authorized
to be appropriated in section 201, $3,000,000 shall be available to the
Secretary for participation by the Tribe in the construction of
pipelines associated with the Duchesne County Municipal Water Conveyance
System.
SEC. 506. TRIBAL DEVELOPMENT FUNDS.
(a) ESTABLISHMENT. -- Of the amount authorized to be appropriated by
section 201, there is hereby established to be appropriated a total
amount of $125,000,000 to be paid in three annual and equal installments
to the Tribal Development Fund which the Secretary is authorized and
directed to establish for the Tribe.
(b) ADJUSTMENT. -- To the extent that any portion of such amount is
contributed after the period described above or in amounts less than
described above, the Tribe shall, subject to appropriation Acts,
receive, in addition to the full contribution to the Tribal Development
Fund, an adjustment representing the interest income as determined by
the Secretary, in his sole discretion, that would have been earned on
any unpaid amount.
(c) TRIBAL DEVELOPMENT. -- The Tribe shall prepare a Tribal
Development Plan for all or a part of this Tribal Development Fund.
Such Tribal Development Plan shall set forth from time to time economic
projects proposed by the Tribe which in the opinion of two independent
financial consultants are deemed to be reasonable, prudent and likely to
return a reasonable investment to the Tribe. The financial consultants
shall be selected by the Tribe with the advice and consent of the
Secretary. Principal from the Tribal Development Fund shall be
permitted to be expended only in those cases where the Tribal
Development Plan can demonstrate with specificity a compelling need to
utilize principal in addition to income for the Tribal Development Plan.
(d) No funds from the Tribal Development Fund shall be obligated or
expended by the Secretary for any economic project to be developed or
constructed pursuant to subsection (c) of this section, unless the
Secretary has complied fully with the requirements of applicable fish,
wildlife, recreation, and environmental laws, including the National
Environmental Policy Act of 1969 (43 U.S.C. 4321 et seq.).
SEC. 507. WAIVER OF CLAIMS.
(a) GENERAL AUTHORITY. -- The Tribe is authorized to waive and
release claims concerning or related to water rights as described below.
(b) DESCRIPTION OF CLAIMS. -- The Tribe shall waive, upon receipt of
the section 504, 505, and 506 moneys, any and all claims relating to its
water rights covered under the agreement of September 20, 1965,
including claims by the Tribe that it retains the right to develop lands
as set forth in the Ute Indian Compact and deferred in such agreement.
Nothing in this waiver of claims shall prevent the Tribe from enforcing
rights granted to it under this Act or under the Compact. To the extent
necessary to effect a complete release of the claims, the United States
concurs in such release.
(c) RESURRECTION OF CLAIMS. -- In the event the Tribe does not
receive on a timely basis the moneys described in section 502, the Tribe
is authorized to bring an action for an accounting against the United
States, if applicable, in the United States Claims Court for moneys owed
plus interest at 10 percent, and against the District, if applicable, in
the United States District Court for the District of Utah for moneys
owed plus interest at 10 percent. The United States and the District
waive any defense based upon sovereign immunity in such proceedings.
Notwithstanding any provision of titles II through V of this Act,
nothing in such titles shall be interpreted as modifying or amending the
provisions of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) or the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
SEC. 701. AUTHORIZATION.
The Secretary is authorized to construct, operate, and maintain a
water treatment plant, including the disposal of sludge produced by said
treatment plant as appropriate, and to install concrete lining on the
rehabilitated portion of the Leadville Mine Drainage Tunnel, in order
that water flowing from the Leadville Tunnel may meet water quality
standards, and to contract with the Colorado Division of Wildlife to
monitor concentrations of heavy metal contaminants in water, stream
sediment, and aquatic life in the Arkansas River downstream of the water
treatment plant.
SEC. 702. COSTS NONREIMBURSABLE.
Construction, operation, and maintenance costs of the works
authorized by this title shall be nonreimbursable.
SEC. 703. OPERATION AND MAINTENANCE.
The Secretary shall be responsible for operation and maintenance of
the water treatment plant, including sludge disposal authorized by this
title. The Secretary may contract for these services.
SEC. 704. APPROPRIATIONS AUTHORIZED.
There is hereby authorized to be appropriated beginning October 1,
1989, for construction of a water treatment plant for water flowing from
the Leadville Mine Drainage Tunnel, including sludge disposal, and
concrete lining the rehabilitated portion of the tunnel, the sum of
$10,700,000 (October 1988 price levels), plus or minus such amounts, if
any, as may be required by reason of ordinary fluctuations in
construction costs as indicated by engineering cost indexes applicable
to the types of construction involved herein and, in addition thereto,
such sums as may be required for operation and maintenance of the works
authorized by this title, including but not limited to $1,250,000 which
shall be for a program to be conducted by the Colorado Division of
Wildlife to monitor heavy metal concentrations in water, stream
sediment, and aquatic life in the Arkansas River.
SEC. 705. LIMITATION.
The treatment plant authorized by this title shall be designed and
constructed to treat the quantity and quality of effluent historically
discharged from the Leadville Mine Drainage Tunnel.
SEC. 706. DESIGN AND OPERATION NOTIFICATION.
Prior to the initiation of construction and during construction of
the works authorized by section 701, the Secretary shall submit the
plans for design and operation of the works to the Administrator of the
Environmental Protection Agency and the State of Colorado to obtain
their views on the design and operation plans. After such review and
consultation, the Secretary shall notify the President pro tempore of
the Senate and the Speaker of the House of Representatives that the
discharge from the works to be constructed will meet the requirements
set forth in Federal Facilities Compliance Agreement Number FFCA 89-1,
entered into by the Bureau of Reclamation and the Environmental
Protection Agency on February 7, 1989, and in National Pollutant
Discharge Elimination System permit Number CO 0021717 issued to the
Bureau of Reclamation in 1975 and reissued in 1979 and 1981.
SEC. 707. FISH AND WILDLIFE RESTORATION.
(a) The Secretary is authorized, in consultation with the State of
Colorado, to formulate and implement, subject to the terms of subsection
(b) of this section, a program for the restoration of fish and wildlife
resources of those portions of the Arkansas River basin impacted by the
effluent discharged from the Leadville Mine Drainage Tunnel. The
formulation of the program shall be undertaken with appropriate public
consultation.
(b) Prior to implementing the fish and wildlife restoration program,
the Secretary shall submit a copy of the proposed restoration program to
the President pro tempore of the Senate and the Speaker of the House of
Representatives for a period of not less than sixty days.
SEC. 708. WATER QUALITY RESTORATION.
(a) The Secretary is authorized, in consultation with the State of
Colorado, the Administrator of the Environmental Protection Agency, and
other Federal entities, to conduct investigations of water pollution
sources and impacts attributed to mining-related and other development
in the Upper Arkansas River basin, to develop corrective action plans,
and to implement corrective action demonstration projects. Neither the
Secretary nor any person participating in a corrective action
demonstration project shall be liable under section 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act
for costs or damages as a result of actions taken or omitted in the
course of implementing an approved work plan developed under this
section; Provided, That this subsection shall not preclude liability
for costs or damages which result from negligence on the part of such
persons. The Secretary shall have no authority under this section at
facilities which have been listed or proposed for listing on the
National Priorities List, or are subject to or covered by the Resource
Conservation and Recovery Act. For the purpose of this section, the
term "Upper Arkansas River basin" means the Arkansas River hydrologic
basin in Colorado extending from Pueblo Dam upstream to its headwaters.
(b) The development of all corrective action plans and subsequent
corrective action demonstration projects shall be undertaken with
appropriate public involvement pursuant to a public participation plan,
consistent with regulations promulgated under the Federal Water
Pollution Control Act, developed by the Secretary in consultation with
the State of Colorado and the Administrator of the Environmental
Protection Agency.
(c) The Secretary shall arrange for cost sharing with the State of
Colorado and for the use of non-Federal funds and in-kind services where
possible. The Secretary is authorized to fund all State costs required
to conduct investigations and develop corrective action plans. The
Federal share of costs associated with corrective action plans shall not
exceed 60 percent.
(d) Prior to implementing any corrective action demonstration
project, the Secretary shall submit a copy of the proposed project plans
to the President pro tempore of the Senate and the Speaker of the House
of Representatives.
(e) Nothing in this title shall affect or modify in any way the
obligations or liabilities of any person under other Federal or State
law, including common law, with respect to the discharge or release of
hazardous substances, pollutants, or contaminants, as defined under
section 101 of the Comprehensive Environmental Response, Compensation,
and Liability Act.
(f) There is authorized to be appropriated such sums as may be
required to fulfill the provisions of sections 707 and 708 of this
title.
SEC. 801. AUTHORIZATION TO CONSTRUCT AND TEST.
The Secretary is authorized to construct and test the Lake Meredith
Salinity Control Project, New Mexico and Texas, in accordance with the
Federal Reclamation laws (Act of June 17, 1902, 32 Stat. 788, and Acts
amendatory thereof or supplementary thereto) and the provisions of this
title and the plan set out in the June 1985 Technical Report of the
Bureau of Reclamation on this project with such modification of,
omissions from, or additions to the works, as the Secretary may find
proper and necessary for the purpose of improving the quality of water
delivered to the Canadian River downstream of Ute Reservoir, New Mexico,
and entering Lake Meredith, Texas. The principal features of the
project shall consist of production wells, observation wells, pipelines,
pumping plants, brine disposal facilities, and other appurtenant
facilities.
SEC. 802. CONSTRUCTION CONTRACT WITH THE CANADIAN RIVER MUNICIPAL
WATER AUTHORITY.
(a) AUTHORITY TO CONTRACT. -- The Secretary is authorized to enter
into a contract with the Canadian River Municipal Water Authority of
Texas (hereafter in this title the "Authority") for the design and
construction management of project facilities by the Bureau of
Reclamation and for the payment of construction costs by the Authority.
Operation and maintenance of project facilities upon completion of
construction and testing shall be the responsibility of the Authority.
(b) CONSTRUCTION CONTINGENT ON CONTRACT. -- Construction of the
project shall not be commenced until a contract has been executed by the
Secretary with the Authority, and the State of New Mexico has granted
the necessary permits for the project facilities.
SEC. 803. PROJECT COSTS.
(a) CANADIAN RIVER MUNICIPAL WATER AUTHORITY SHARE. -- All costs of
construction of project facilities shall be advanced by the Authority as
the non-Federal contribution toward implementation of this title.
Pursuant to the terms of the contract authorized by section 302 of this
title, these funds shall be advanced on a schedule mutually acceptable
to the Authority and the Secretary, as necessary to meet the expense of
carrying out construction and land acquisition activities.
(b) FEDERAL SHARE. -- All project costs for design preparation, and
construction management shall be nonreimbursable as the Federal
contribution for environmental enhancement by water quality improvement,
except that the Federal contribution shall not exceed 33 per centum of
the total project costs.
SEC. 804. CONSTRUCTION AND CONTROL.
(a) PRECONSTRUCTION. -- The Secretary shall, upon entering into the
contract specified in section 802 with the Authority, proceed with
preconstruction planning, preparation of designs and specifications,
acquiring permits, acquisition of land and rights, and award of
construction contracts pending availability of appropriated funds.
(b) TERMINATION OF CONSTRUCTION. -- At any time following the first
advance of funds, the Authority may request that the Secretary terminate
activities then in progress, and such request shall be binding upon the
Secretary, except that, upon termination of construction pursuant to
this section, the Authority shall reimburse to the Secretary a sum equal
to 67 per centum of all costs incurred by the Secretary in project
verification, design and construction management, reduced by any sums
previously paid by the Authority to the Secretary for such purposes.
Upon such termination, the United States is under no obligation to
complete the project as a nonreimbursable development.
(c) TRANSFER OF CONTROL. -- Upon completion of construction and
testing of the project, or upon termination of activities at the request
of the Authority, the Secretary shall transfer the care, operation, and
maintenance of the project works to the Authority or to a bona fide
entity mutually agreeable to the States of New Mexico and Texas. As
part of such transfer, the Secretary shall return unexpended balances of
the funds advanced, assign to the Authority or the bona fide entity the
rights to any contract in force, convey to the Authority or the bona
fide entity any real estate, easements or personal property acquired by
the advanced funds, and provide any data, drawings, or other items of
value procured with advanced funds.
SEC. 805. TRANSFER OF TITLE.
Title to any facilities constructed under the authority of this title
shall remain with the United States.
SEC. 806. AUTHORIZATION.
There are hereby authorized to be appropriated such sums as are
necessary to carry out the provisions of this title, except that the
total Federal contribution to the cost of the activities undertaken
under the authority of this title shall not exceed 33 per centum.
SEC. 901. AUTHORIZATION.
The Secretary, pursuant to the provisions of the Memorandum of
Understanding between the Bureau of Reclamation and the Fish and
Wildlife Service of the Department of the Interior, the State of Kansas,
and the Cedar Bluff Irrigation District Number 6, dated December 17,
1987, is authorized to reformulate the Cedar Bluff Unit of the
Pick-Sloan Missouri Basin Program, Kansas, including reallocation of the
conservation capacity of the Cedar Bluff Reservoir, to create:
(a) a designated operating pool, as defined in such Memorandum
of Understanding, for fish, wildlife, and recreation purposes, for
groundwater recharge for environmental, domestic, municipal and
industrial uses, and for other purposes; and
(b) a joint-use pool, as defined in such Memorandum of
Understanding, for flood control, water sales, fish, wildlife, and
recreation purposes; and for other purposes.
SEC. 902. CONTRACT.
The Secretary is authorized to enter into a contract with the State
of Kansas for the sale, use, and control of the designated operating
pool, with the exception of water reserved for the city of Russell,
Kansas, and to allow the State of Kansas to acquire use and control of
water in the joint-use pool, except that, the State of Kansas shall not
permit utilization of water from Cedar Bluff Reservoir to irrigate lands
in the Smoky Hill River Basin from Cedar Bluff Reservoir to its
confluence with Big Creek.
SEC. 903. CONTRACT.
(a) The Secretary is authorized to enter into a contract with the
State of Kansas, accepting a payment of $365,424, and the State's
commitment to pay a proportionate share of the annual operation,
maintenance, and replacement charges for the Cedar Bluff Dam and
Reservoir, as full satisfaction of reimbursable costs associated with
irrigation of the Cedar Bluff Unit, including the Cedar Bluff Irrigation
District's obligations under Contract Number 0-07-70-W0064. After the
reformulation of the Cedar Bluff Unit authorized by this title, any
revenues in excess of operating and maintenance expenses received by the
State of Kansas from the sale of water from the Cedar Bluff Unit shall
be paid to the United States and covered into the Reclamation Fund to
the extent that an operation, maintenance and replacement charge or
reimbursable capital obligation exists for the Cedar Bluff Unit under
Reclamation law. Once all such operation, maintenance and replacement
charges or reimbursable obligations are satisfied, any additional
revenues shall be retained by the State of Kansas.
(b) The Secretary is authorized to transfer title of the buildings,
fixtures, and equipment of the United States Fish and Wildlife Service
fish hatchery facility at Cedar Bluff Dam, and the related water rights,
to the State of Kansas for its use and operation for fish, wildlife, and
related purposes. If any of the property transferred by this subsection
to the State of Kansas is subsequently transferred from State ownership
or used for any purpose other than those provided for in this
subsection, title to such property shall revert to the United States.
SEC. 904. TRANSFER OF DISTRICT HEADQUARTERS.
The Secretary is authorized to transfer title to all interests in
real property, buildings, fixtures, equipment, and tools associated with
the Cedar Bluff Irrigation District headquarters located near Hays,
Kansas, contingent upon the District's agreement to close down the
irrigation system to the satisfaction of the Secretary at no additional
cost to the United States, after which all easement rights shall revert
to the owners of the lands to which the easements are attached.
SEC. 905. LIABILITY AND INDEMNIFICATION.
The transferee of any interest conveyed pursuant to this title shall
assume all liability with respect to such interests and shall indemnify
the United States against all such liability.
SEC. 906. ADDITIONAL ACTIONS.
The Secretary is authorized to take all other actions consistent with
the provisions of the Memorandum of Understanding referred to in section
901 that the Secretary deems necessary to accomplish the reformulation
of the Cedar Bluff Unit.
SEC. 1001. AUTHORIZATION FOR SOUTH DAKOTA WATER PLANNING STUDIES.
(a) The Secretary of the Interior, acting through the Commissioner of
the Bureau of Reclamation, may perform the planning studies necessary
(including a needs assessment) to determine the feasibility and
estimated cost of incorporating all or portions of the Rosebud Sioux
Reservation in South Dakota into the service areas of the rural water
systems authorized by the Mni Wiconi Project Act of 1988 (Public Law
100-516).
(b) Section 3(f) "102 Stat. 2567" of Public Law 100-516 is hereby
amended to insert a new subsection (3) as follows:
"(3) Notwithstanding subsections (1) and (2), the Secretary is
authorized and directed to obligate up to $1.466 million of the
funds appropriated under Public Law 100-516 to construct an
interim water system for the White Clay and Wakpamni Districts of
the Pine Ridge Indian Reservation as soon as the final engineering
report for that segment of the Oglala Rural Water Supply System
has been completed and the requirements of the National
Environmental Policy Act of 1969 for that segment of the System
have been met."
SEC. 1101. RESEARCH PROJECT.
(a) RESEARCH PROJECT. -- The Secretary of the Interior, acting
through the Bureau of Reclamation, shall conduct a research project for
the development of a method or combination of methods to reduce and
control salinity, provide endangered species habitat, enhance fisheries,
and protect human recreational values in inland water bodies. Such
research shall include testing an enhanced evaporation system for
treatment of saline waters, and studies regarding in-water segregation
of saline waters and of dilution from other sources. The project shall
be located in the area of the Salton Sea of Southern California.
(b) COST SHARE. -- The non-Federal share of the cost of the project
referred to in subsection (a) shall be 50 percent of the cost of the
project.
(c) REPORT. -- Not later than September 30, 1996, the Secretary
shall submit a report to the Committee on Energy and Natural Resources
of the Senate and the Committee on Interior and Insular Affairs and the
Committee on Merchant Marine and Fisheries of the House of
Representatives regarding the results of the project referred to in
subsection (a).
(d) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated $10,000,000 to carry out the purposes of this title.
SEC. 1201. CONSENT TO AMENDMENT TO SABINE RIVER COMPACT.
The consent of Congress is given to the amendment, described in
section 1203, to the interstate compact, described in section 1202,
relating to the waters of the Sabine River and its tributaries.
SEC. 1202. COMPACT DESCRIBED.
The compact referred to in the previous section is the compact
between the States of Texas and Louisiana, and consented to by Congress
in the Act of August 10, 1954 (chapter 668; 68 Stat. 690; Public Law
85-78).
SEC. 1203. AMENDMENT.
The amendment referred to in section 1201 strikes "One of the
Louisiana members shall be ex officio the Director of the Louisiana
Department of Public Works; the other Louisiana member shall be a
resident of the Sabine Watershed and shall be appointed by the Governor
of Louisiana for a term of four years: Provided, That the first member
so appointed shall serve until June 30, 1958." in article VII(c) and
inserts "The Louisiana members shall be residents of the Sabine
Watershed and shall be appointed by the Governor for a term of four
years, which shall run concurrent with the term of the Governor.".
SEC. 1301. "43 USC 1521 note" DESIGNATION.
The Salt-Gila Aqueduct of the Central Arizona Project, constructed,
operated, and maintained under section 301(a)(7) of the Colorado River
Basin Project Act (43 U.S.C. 1521(a)(7)), hereafter shall be known and
designated as the "Fannin-McFarland Aqueduct".
SEC. 1302. REFERENCES.
Any reference in any law, regulation, document, record, map, or other
paper of the United States to the aqueduct referred to in section 1301
hereby is deemed to be a reference to the "Fannin-McFarland Aqueduct".
Section 401 of the Act of December 19, 1980 (94 Stat. 3227), is
amended by striking the text that begins: "Transfer of project
facilities to the district shall be without . . ." and ends with ". . .
shall be maintained consistently with existing arrangements" and
inserting in lieu thereof "Effective as of the date of the written
consent of the Vermejo Conservancy District to amend contract 178r-458,
all facilities are hereby transferred to the District. The transfer to
the district of project facilities shall be without any additional
consideration in excess of the existing repayment contract of the
district and shall include all related lands or interest in lands
acquired by the Federal Government for the project, but shall not
include any lands or interests in land, or interests in water, purchased
by the Federal Government from various landowners in the district,
consisting of approximately two thousand eight hundred acres, for the
Maxwell Wildlife Refuge and shall not include certain contractual
arrangements, namely Contract Number 14-06-500-1713 between the Bureau
of Reclamation and the Bureau of Sport Fisheries and Wildlife, and
concurred in by the district, dated December 5, 1969, and the lease
agreement between the district and the Secretary dated January 17, 1992,
and expiring January 17, 1995, for 468.38 acres under the district's
Lakes 12 and 14, which contractual arrangements shall be maintained
consistent with the terms thereof. The Secretary, acting through the
United States Fish and Wildlife Service, shall retain the right to
manage Lake 13 for the conservation, maintenance, and development of the
area as a component of the Maxwell National Wildlife Refuge in
accordance with Contract Number 14-06-500-1713 and in a manner that does
not interfere with operation of the Lake 13 dam and reservoir for the
primary purposes of the Vermejo Reclamation Project."
SEC. 1501. PERMIT ISSUANCE PROHIBITED.
(a) No agency or instrumentality of the United States shall issue any
permit, license, right-of-way, grant, loan or other authorization or
assistance for any project or feature of any project to withdraw water
from the San Luis Valley, Colorado, for export to another basin in
Colorado or export to any portion of another State, unless the Secretary
of the Interior determines, after due consideration of all findings
provided by the Colorado Water Conservation Board, that the project will
not:
(1) increase the costs or negatively affect operation of the
Closed Basin Project;
(2) adversely affect the purposes of any national wildlife
refuge or Federal wildlife habitat area withdrawal located in the
San Luis Valley, Colorado; or
(3) adversely affect the purposes of the Great Sand Dunes
National Monument, Colorado.
(b) Nothing in this title shall be construed to alter, amend, or
limit any provision of Federal or State law that applies to any project
or feature of a project to withdraw water from the San Luis Valley,
Colorado, for export to another basin in Colorado or another State.
Nothing in this title shall be construed to limit any agency's authority
or responsibility to reject, limit, or condition any such project on any
basis independent of the requirements of this title.
SEC. 1502. JUDICIAL REVIEW.
The Secretary's findings required by this title shall be subject to
judicial review in the United States district courts.
SEC. 1503. COSTS.
The direct and indirect costs of the findings required by section
1501 of this title shall be paid in advance by the project proponent
under terms and conditions set by the Secretary.
SEC. 1504. DISCLAIMERS.
(a) Nothing in this title shall constitute either an expressed or
implied reservation of water or water rights.
(b) Nothing in this title shall be construed as establishing a
precedent with regard to any other Federal reclamation project.
SEC. 1601. SHORT TITLE.
This title may be referred to as the "Reclamation Wastewater and
Groundwater Study and Facilities Act". "43 USC 390h note"
SEC. 1602. "43 USC 390h" GENERAL AUTHORITY.
(a) The Secretary of the Interior (hereafter "Secretary"), acting
pursuant to the Reclamation Act of 1902 (Act of June 17, 1902, 32 Stat.
388) and Acts amendatory thereof and supplementary thereto (hereafter
"Federal reclamation laws"), is directed to undertake a program to
investigate and identify opportunities for reclamation and reuse of
municipal, industrial, domestic, and agricultural wastewater, and
naturally impaired ground and surface waters, for the design and
construction of demonstration and permanent facilities to reclaim and
reuse wastewater, and to conduct research, including desalting, for the
reclamation of wastewater and naturally impaired ground and surface
waters.
(b) Such program shall be limited to the States and areas referred to
in section 1 of the Reclamation Act of 1902 (Act of June 17, 1902, 32
Stat. 388) as amended.
(c) The Secretary is authorized to enter into such agreements and
promulgate such regulations as may be necessary to carry out the
purposes and provisions of this title.
(d) The Secretary shall not investigate, promote or implement,
pursuant to this title, any project intended to reclaim and reuse
agricultural wastewater generated in the service area of the San Luis
Unit of the Central Valley Project, California, except those measures
recommended for action by the San Joaquin Valley Drainage Program in the
report entitled A Management Plan for Agricultural Subsurface Drainage
and Related Problems on the Westside San Joaquin Valley (September
1990).
SEC. 1603. "43 USC 390h-1" APPRAISAL INVESTIGATIONS.
(a) The Secretary shall undertake appraisal investigations to
identify opportunities for water reclamation and reuse. Each such
investigation shall take into account environmental considerations as
provided by the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and regulations issued to implement the provisions
thereof, and shall include recommendations as to the preparation of a
feasibility study of the potential reclamation and reuse measures.
(b) Appraisal investigations undertaken pursuant to this title shall
consider, among other things --
(1) all potential uses of reclaimed water, including, but not
limited to, environmental restoration, fish and wildlife,
groundwater recharge, municipal, domestic, industrial,
agricultural, power generation, and recreation;
(2) the current status of water reclamation technology and
opportunities for development of improved technologies;
(3) measures to stimulate demand for and eliminate obstacles to
use of reclaimed water, including pricing;
(4) measures to coordinate and streamline local, State and
Federal permitting procedures required for the implementation of
reclamation projects; and
(5) measures to identify basic research needs required to
expand the uses of reclaimed water in a safe and environmentally
sound manner.
(c) The Secretary shall consult and cooperate with appropriate State,
regional, and local authorities during the conduct of each appraisal
investigation conducted pursuant to this title.
(d) Costs of such appraisal investigations shall be nonreimbursable.
SEC. 1604. "43 USC 390h-2" FEASIBILITY STUDIES.
(a) The Secretary is authorized to participate with appropriate
Federal, State, regional, and local authorities in studies to determine
the feasibility of water reclamation and reuse projects recommended for
such study pursuant to section 1603 of this title. The Federal share of
the costs of such feasibility studies shall not exceed 50 per centum of
the total, except that the Secretary may increase the Federal share of
the costs of such feasibility study if the Secretary determines, based
upon a demonstration of financial hardship on the part of the
non-Federal participant, that the non-Federal participant is unable to
contribute at least 50 per centum of the costs of such study. The
Secretary may accept as part of the non-Federal cost share the
contribution of such in-kind services by the non-Federal participant
that the Secretary determines will contribute substantially toward the
conduct and completion of the study.
(b) The Federal share of feasibility studies, including those
described in sections 1606 and 1608 through 1610 of this title, shall be
considered as project costs and shall be reimbursed in accordance with
the Federal reclamation laws, if the project studied is implemented.
(c) In addition to the requirements of other Federal laws,
feasibility studies authorized under this title shall consider, among
other things --
(1) near- and long-term water demand and supplies in the study
area;
(2) all potential uses for reclaimed water;
(3) measures and technologies available for water reclamation,
distribution, and reuse;
(4) public health and environmental quality issues associated
with use of reclaimed water; and,
(5) whether development of the water reclamation and reuse
measures under study would --
(A) reduce, postpone, or eliminate development of new or
expanded water supplies, or
(B) reduce or eliminate the use of existing diversions from
natural watercourses or withdrawals from aquifers.
SEC. 1605. "43 USC 390h-3" RESEARCH AND DEMONSTRATION PROJECTS.
The Secretary is authorized to conduct research and to construct,
operate, and maintain cooperative demonstration projects for the
development and demonstration of appropriate treatment technologies for
the reclamation of municipal, industrial, domestic, and agricultural
wastewater, and naturally impaired ground and surface waters. The
Federal share of the costs of demonstration projects shall not exceed 50
per centum of the total cost including operation and maintenance.
Rights to inventions developed pursuant to this section shall be
governed by the provisions of the Stevenson-Wydler Technology Innovation
Act of 1980 (Public Law 96-480) as amended by the Technology Transfer
Act of 1986 (Public Law 99-502).
SEC. 1606. "43 USC 390h-4" SOUTHERN CALIFORNIA COMPREHENSIVE WATER
RECLAMATION AND REUSE STUDY.
(a) The Secretary is authorized to conduct a study to assess the
feasibility of a comprehensive water reclamation and reuse system for
Southern California. For the purpose of this title, the term "Southern
California" means those portions of the counties of Imperial, Los
Angeles, Orange, San Bernadino, Riverside, San Diego, and Ventura within
the south coast and Colorado River hydrologic regions as defined by the
California Department of Water Resources.
(b) The Secretary shall conduct the study authorized by this section
in cooperation with the State of California and appropriate local and
regional entities. The Federal share of the costs associated with this
study shall not exceed 50 per centum of the total.
(c) The Secretary shall submit the report authorized by this section
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Interior and Insular Affairs of the House of
Representatives not later than six years after appropriation of funds
authorized by this title.
SEC. 1607. "43 USC 390h-5" SAN JOSE AREA WATER RECLAMATION AND REUSE
PROGRAM.
(a) The Secretary, in cooperation with the city of San Jose,
California, and the Santa Clara Valley Water District, and local water
suppliers, shall participate in the planning, design and construction of
demonstration and permanent facilities to reclaim and reuse water in the
San Jose metropolitan service area.
(b) The Federal share of the costs of the facilities authorized by
subsection (a) shall not exceed 25 per centum of the total. The
Secretary shall not provide funds for the operation or maintenance of
the project.
SEC. 1608. "43 USC 390h-6" PHOENIX METROPOLITAN WATER RECLAMATION
STUDY AND PROGRAM.
(a) The Secretary, in cooperation with the city of Phoenix, Arizona,
shall conduct a feasibility study of the potential for development of
facilities to utilize fully wastewater from the regional wastewater
treatment plant for direct municipal, industrial, agricultural, and
environmental purposes, groundwater recharge and direct potable reuse in
the Phoenix metropolitan area, and in cooperation with the city of
Phoenix design and construct facilities for environmental purposes,
ground water recharge and direct potable reuse.
(b) The Federal share of the costs of the study authorized by this
section shall not exceed 50 per centum of the total. The Federal share
of the costs associated with the project described in subsection (a)
shall not exceed 25 per centum of the total. The Secretary shall not
provide funds for operation or maintenance of the project.
(c) The Secretary shall submit the report authorized by this section
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Interior and Insular Affairs of the House of
Representatives not later than two years after appropriation of funds
authorized by this title.
SEC. 1609. "43 USC 390h-7" TUCSON AREA WATER RECLAMATION STUDY.
(a) The Secretary, in cooperation with the State of Arizona and
appropriate local and regional entities, shall conduct a feasibility
study of comprehensive water reclamation and reuse system for Southern
Arizona. For the purpose of this section, the term "Southern Arizona"
means those portions of the counties of Pima, Santa Cruz, and Pinal
within the Tucson Active Management Hydrologic Area as defined by the
Arizona Department of Water Resources.
(b) The Federal share of the costs of the study authorized by this
section shall not exceed 50 per centum of the total.
(c) The Secretary shall submit the report authorized by this section
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Interior and Insular Affairs of the House of
Representatives not later than four years after appropriation of funds
authorized by this title.
SEC. 1610. "43 USC 390h-8" LAKE CHERAW WATER RECLAMATION AND REUSE
STUDY.
(a) The Secretary is authorized, in cooperation with the State of
Colorado and appropriate local and regional entities, to conduct a study
to assess and develop means of reclaiming the waters of Lake Cheraw,
Colorado, or otherwise ameliorating, controlling and mitigating
potential negative impacts of pollution in the waters of Lake Cheraw on
groundwater resources or the waters of the Arkansas River.
(b) The Federal share of the costs of the study authorized by this
section shall not exceed 50 per centum of the total.
(c) The Secretary shall submit the report authorized by this section
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Interior and Insular Affairs of the House of
Representatives not later than two years after appropriation of funds
authorized by this title.
SEC. 1611. "43 USC 390h-9" SAN FRANCISCO AREA WATER RECLAMATION
STUDY.
(a) The Secretary, in cooperation with the city and county of San
Francisco, shall conduct a feasibility study of the potential for
development of demonstration and permanent facilities to reclaim water
in the San Francisco area for the purposes of export and reuse elsewhere
in California.
(b) The Federal share of the costs of the study authorized by this
section shall not exceed 50 per centum of the total.
(c) The Secretary shall submit the report authorized by this section
to the Committee on Energy and Natural Resources of the Senate and the
Committee on Interior and Insular Affairs of the House of
Representatives not later than four years after appropriation of funds
authorized by this title.
SEC. 1612. "43 USC 390h-10" SAN DIEGO AREA WATER RECLAMATION
PROGRAM.
(a) The Secretary, in cooperation with the city of San Diego,
California or its successor agency in the management of the San Diego
Area Wastewater Management District, shall participate in the planning,
design and construction of demonstration and permanent facilities to
reclaim and reuse water in the San Diego metropolitan service area.
(b) The Federal share of the costs of the facilities authorized by
subsection (a) shall not exceed 25 per centum of the total. The
Secretary shall not provide funds for the operation or maintenance of
the project.
SEC. 1613. "43 USC 390h-11" LOS ANGELES AREA WATER RECLAMATION AND
REUSE PROJECT.
(a) The Secretary is authorized to participate with the city and
county of Los Angeles, State of California, West Basin Municipal Water
District, and other appropriate authorities, in the design, planning,
and construction of water reclamation and reuse projects to treat
approximately one hundred and twenty thousand acre-feet per year of
effluent from the city and county of Los Angeles, in order to provide
new water supplies for industrial, environmental, and other beneficial
purposes, to reduce the demand for imported water, and to reduce sewage
effluent discharged into Santa Monica Bay.
(b) The Secretary's share of costs associated with the project
described in subsection (a) shall not exceed 25 per centum of the total.
The Secretary shall not provide funds for operation or maintenance of
the project.
SEC. 1614. "43 USC 390h-12" SAN GABRIEL BASIN DEMONSTRATION PROJECT.
(a) The Secretary, in cooperation with the Metropolitan Water
District of Southern California and the Main San Gabriel Water Quality
Authority or a successor public agency, is authorized to participate in
the design, planning and construction of a conjunctive-use facility
designed to improve the water quality in the San Gabriel groundwater
basin and allow the utilization of the basin as a water storage
facility; Provided, That this authority shall not be construed to limit
the authority of the United States under any other Federal statute to
pursue remedial actions or recovery of costs for work performed pursuant
to this subsection.
(b) The Secretary's share of costs associated with the project
described in subsection (a) shall not exceed 25 per centum of the total.
The Secretary shall not provide funds for the operation or maintenance
of the project.
SEC. 1615. "43 USC 390h-13" AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary
to carry out the purposes and provisions of sections 1601 through 1614
of this title.
SEC. 1616. "43 USC 390h-14" GROUNDWATER STUDY.
(a) In furtherance of the High Plains Groundwater Demonstration
Program Act of 1983 (98 Stat. 1675), the Secretary of the Interior,
acting through the Bureau of Reclamation and the Geological Survey,
shall conduct an investigation and analysis of the impacts of existing
Bureau of Reclamation projects on the quality and quantity of
groundwater resources. Based on such investigation and analysis, the
Secretary shall prepare a reclamation groundwater management and
technical assistance report which shall include --
(1) a description of the findings of the investigation and
analysis, including the methodology employed;
(2) a description of methods for optimizing Bureau of
Reclamation project operations to ameliorate adverse impacts on
groundwater, and
(3) the Secretary's recommendations, along with the
recommendations of the Governors of the affected States,
concerning the establishment of a groundwater management and
technical assistance program in the Department of the Interior in
order to assist Federal and non-Federal entity development and
implementation of groundwater management plans and activities.
(b) In conducting the investigation and analysis, and in preparation
of the report referred to in this section, the Secretary shall consult
with the Governors of the affected States.
(c) The report shall be submitted to the Committees on Appropriations
and Interior and Insular Affairs of the House of Representatives and the
Committees on Appropriations and Energy and Natural Resources of the
Senate within three years of the appropriation of funds authorized by
section 1617.
SEC. 1617. "43 USC 390h-15" AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal years beginning
after September 30, 1992, $4,000,000 to carry out the study authorized
by section 1616.
SEC. 1701. IRRIGATION ON STANDING ROCK INDIAN RESERVATION.
(a) Section 5(e) of Public Law 89-108, as amended by section 3 of the
Garrison Diversion Unit Reformulation Act of 1986 "100 Stat. 419"
(Public Law 99-294), is amended by striking "Fort Yates" and inserting
"one or more locations within the Standing Rock Indian Reservation".
(b) Section 10 of Public Law 89-108, as amended by section 8 "100
Stat. 424" of Public Law 99-294, is further amended by adding subsection
(e) as follows:
"(e) The portion of the $61,000,000 authorized for Indian
municipal, rural, and industrial water features shall be indexed
as necessary to allow for ordinary fluctuations of construction
costs incurred after October 1, 1986, as indicated by engineering
costs indices applicable for the type of construction involved.
All other authorized cost ceilings shall remain unchanged."
SEC. 1801. SHORT TITLE.
This Act may be cited as the "Grand Canyon Protection Act of 1992".
SEC. 1802. PROTECTION OF GRAND CANYON NATIONAL PARK.
(a) IN GENERAL. -- The Secretary shall operate Glen Canyon Dam in
accordance with the additional criteria and operating plans specified in
section 1804 and exercise other authorities under existing law in such a
manner as to project, mitigate adverse impacts to, and improve the
values for which Grand Canyon National Park and Glen Canyon National
Recreation Area were established, including, but not limited to natural
and cultural resources and visitor use.
(b) COMPLIANCE WITH EXISTING LAW. -- The Secretary shall implement
this section in a manner fully consistent with and subject to the
Colorado River Compact, the Upper Colorado River Basin Compact, the
Water Treaty of 1944 with Mexico, the decree of the Supreme Court in
Arizona v. California, and the provisions of the Colorado River Storage
Project Act of 1956 and the Colorado River Basin Project Act of 1968
that govern allocation, appropriation, development, and exportation of
the waters of the Colorado River Basin.
(c) RULE OF CONSTRUCTION. -- Nothing in this title alters the
purposes for which the Grand Canyon National Park or the Glen Canyon
National Recreation Area were established or affects the authority and
responsibility of the Secretary with respect to the management and
administration of the Grand Canyon National Park and Glen Canyon
National Recreation Area, including natural and cultural resources and
visitor use, under laws applicable to those areas, including, but not
limited to, the Act of August 25, 1916 (39 Stat. 535) as amended and
supplemented.
SEC. 1803. INTERIM PROTECTION OF GRAND CANYON NATIONAL PARK.
(a) INTERIM OPERATIONS. -- Pending compliance by the Secretary with
section 1804, the Secretary shall, on an interim basis, continue to
operate Glen Canyon Dam under the Secretary's announced interim
operating criteria and the Interagency Agreement between the Bureau of
Reclamation and the Western Area Power Administration executed October
2, 1991 and exercise other authorities under existing law, in accordance
with the standards set forth in section 1802, utilizing the best and
most recent scientific data available.
(b) CONSULTATION. -- The Secretary shall continue to implement
Interim Operations in consultation with --
(1) Appropriate agencies of the Department of the Interior,
including the Bureau of Reclamation, United States Fish and
Wildlife Service, and the National Park Service;
(2) The Secretary of Energy;
(3) The Governors of the States of Arizona, California,
Colorado, Nevada, New Mexico, Utah, and Wyoming;
(4) Indian Tribes; and
(5) The general public, including representatives of the
academic and scientific communities, environmental organizations,
the recreation industry, and contractors for the purchase of
Federal power produced at Glen Canyon Dam.
(c) DEVIATION FROM INTERIM OPERATIONS. -- The Secretary may deviate
from Interim Operations upon a finding that deviation is necessary and
in the public interest to --
(1) comply with the requirements of Section 1804(a);
(2) respond to hydrologic extremes or power system operation
emergencies;
(3) comply with the standards set forth in Section 1802;
(4) respond to advances in scientific data; or
(5) comply with the terms of the Interagency Agreement.
(d) TERMINATION OF INTERIM OPERATIONS. -- Interim operations
described in this section shall terminate upon compliance by the
Secretary with section 1804.
SEC. 1804. GLEN CANYON DAM ENVIRONMENTAL IMPACT STATEMENT;
LONG-TERM OPERATION OF GLEN CANYON DAM.
(a) FINAL ENVIRONMENTAL IMPACT STATEMENT. -- Not later than 2 years
after the date of enactment of this Act, the Secretary shall complete a
final Glen Canyon Dam environmental impact statement, in accordance with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) AUDIT. -- The Comptroller General shall --
(1) audit the costs and benefits to water and power users and
to natural, recreational, and cultural resources resulting from
management policies and dam operations identified pursuant to the
environmental impact statement described in subsection (a); and
(2) report the results of the audit to the Secretary and the
Congress.
(c) ADOPTION OF CRITERIA AND PLANS. -- (1) Based on the findings,
conclusions, and recommendations made in the environmental impact
statement prepared pursuant to subsection (a) and the audit performed
pursuant to subsection (b), the Secretary shall --
(A) adopt criteria and operating plans separate from and in
addition to those specified in section 602(b) of the Colorado
River Basin Project Act of 1968; and
(B) exercise other authorities under existing law, so as to
ensure that Glen Canyon Dam is operated in a manner consistent
with section 1802.
(2) Each year after the date of the adoption of criteria and
operating plans pursuant to paragraph (1), the Secretary shall transmit
to the Congress and to the Governors of the Colorado River Basin States
a report, separate from and in addition to the report specified in
section 602(b) of the Colorado River Basin Project Act of 1968 on the
preceding year and the projected year operations undertaken pursuant to
this Act.
(3) In preparing the criteria and operating plans described in
section 602(b) of the Colorado River Basin Project Act of 1968 and in
this subsection, the Secretary shall consult with the Governors of the
Colorado River Basin States and with the general public, including --
(A) representatives of academic and scientific communities;
(B) environmental organizations;
(C) the recreation industry; and
(D) contractors for the purchase of Federal power produced at
Glen Canyon Dam.
(d) REPORT TO CONGRESS. -- Upon implementation of long-term
operations under subsection (c), the Secretary shall submit to the
Congress the environmental impact statement described in subsection (a)
and a report describing the long-term operations and other reasonable
mitigation measures taken to protect, mitigate adverse impacts to, and
improve the condition of the natural, recreational, and cultural
resources of the Colorado River downstream of Glen Canyon Dam.
(e) ALLOCATION OF COSTS. -- The Secretary of the Interior, in
consultation with the Secretary of Energy, is directed to reallocate the
costs of construction, operation, maintenance, replacement and emergency
expenditures for Glen Canyon Dam among the purposes directed in section
1802 of this Act and the purposes established in the Colorado River
Storage Project Act of April 11, 1956 (70 Stat. 170). Costs allocated
to section 1802 purposes shall be nonreimbursable. Except that in
fiscal year 1993 through 1997 such costs shall be nonreimbursable only
to the extent to which the Secretary finds the effect of all provisions
of this Act is to increase net offsetting receipts; Provided, That if
the Secretary finds in any such year that the enactment of this Act does
cause a reduction in net offsetting receipts generated by all provisions
of this Act, the costs allocated to section 1802 purposes shall remain
reimbursable. The Secretary shall determine the effect of all the
provisions of this Act and submit a report to the appropriate House and
Senate committees by January 31 of each fiscal year, and such report
shall contain for that fiscal year a detailed accounting of expenditures
incurred pursuant to this Act, offsetting receipts generated by this
Act, and any increase or reduction in net offsetting receipts generated
by this Act.
SEC. 1805. LONG-TERM MONITORING.
(a) IN GENERAL. -- The Secretary shall establish and implement
long-term monitoring programs and activities that will ensure that Glen
Canyon Dam is operated in a manner consistent with that of section 1802.
(b) RESEARCH. -- Long-term monitoring of Glen Canyon Dam shall
include any necessary research and studies to determine the effect of
the Secretary's actions under section 1804(c) on the natural,
recreational, and cultural resources of Grand Canyon National Park and
Glen Canyon National Recreation Area.
(c) CONSULTATION. -- The monitoring programs and activities
conducted under subsection (a) shall be established and implemented in
consultation with --
(1) the Secretary of Energy;
(2) the Governors of the States of Arizona, California,
Colorado, Nevada, New Mexico, Utah, and Wyoming;
(3) Indian tribes; and
(4) the general public, including representatives of academic
and scientific communities, environmental organizations, the
recreation industry, and contractors for the purchase of Federal
power produced at Glen Canyon Dam.
SEC. 1806. RULES OF CONSTRUCTION.
Nothing in this title is intended to affect in any way --
(1) the allocations of water secured to the Colorado Basin
States by any compact, law, or decree; or
(2) any Federal environmental law, including the Endangered
Species Act (16 U.S.C. 1531 et seq.).
SEC. 1807. STUDIES NONREIMBURSABLE.
All costs of preparing the environmental impact statement described
in section 1804, including supporting studies, and the long-term
monitoring programs and activities described in section 1805 shall be
nonreimbursable. The Secretary is authorized to use funds received from
the sale of electric power and energy from the Colorado River Storage
Project to prepare the environmental impact statement described in
section 1804, including supporting studies, and the long-term monitoring
programs and activities described in section 1805, except that such
funds will be treated as having been repaid and returned to the general
fund of the Treasury as costs assigned to power for repayment under
section 5 of the Act of April 11, 1956 (70 Stat. 170). Except that in
fiscal year 1993 through 1997 such provisions shall take effect only to
the extent to which the Secretary finds the effect of all the provisions
of this Act is to increase net offsetting receipts; Provided, That if
the Secretary finds in any such year that the enactment of this Act does
cause a reduction in net offsetting receipts generated by all provisions
of this Act, all costs described in this section shall remain
reimbursable. The Secretary shall determine the effect of all the
provisions of this Act and submit a report to the appropriate House and
Senate committees by January 31 of each fiscal year, and such report
shall contain for that fiscal year a detailed accounting of expenditures
incurred pursuant to this Act, offsetting receipts generated by this
Act, and any increase or reduction in net offsetting receipts generated
by this Act.
SEC. 1808. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this title.
SEC. 1809. REPLACEMENT POWER.
The Secretary of Energy in consultation with the Secretary of the
Interior and with representatives of the Colorado River Storage Project
power customers, environmental organizations and the States of Arizona,
California, Colorado, Nevada, New Mexico, Utah, and Wyoming shall
identify economically and technically feasible methods of replacing any
power generation that is lost through adoption of long-term operational
criteria for Glen Canyon Dam as required by section 1804 of this title.
The Secretary shall present a report of the findings, and implementing
draft legislation, if necessary, not later than two years after adoption
of long-term operating criteria. The Secretary shall include an
investigation of the feasibility of adjusting operations at Hoover Dam
to replace all or part of such lost generation. The Secretary shall
include an investigation of the modifications or additions to the
transmission system that may be required to acquire and deliver
replacement power.
SEC. 1901. SHORT TITLE.
This title may be cited as the "Mid-Dakota Rural Water System Act of
1992".
SEC. 1902. DEFINITIONS.
For purposes of this title --
(1) the term "feasibility study" means the study entitled
"Mid-Dakota Rural Water System Feasibility Study and Report" dated
November 1988 and revised January 1989 and March 1989, as
supplemented by the "Supplemental Report for Mid-Dakota Rural
Water System" dated March 1990 (which supplemental report shall
control in the case of any inconsistency between it and the study
and report), as modified to reflect consideration of the benefits
of the water conservation programs developed and implemented under
section 1905 of this title;
(2) the term "pumping and incidental operational requirements"
means all power requirements incident to the operation of intake
facilities, pumping stations, water treatment facilities,
reservoirs, and pipelines up to the point of delivery of water by
the Mid-Dakota Rural Water System to --
(A) each entity that distributes water at retail to individual
users; or
(B) each rural use location;
(3) the term "rural use location" includes a water use location
--
(A) that is located in or in the vicinity of a municipality
identified in appendix A of the feasibility report, for which
municipality and vicinity there was on December 31, 1988, no
entity engaged in the business of distributing water at retail to
users in that municipality or vicinity; and
(B) that is one of no more than 40 water use locations in that
municipality and vicinity;
(4) the term "Secretary" means the Secretary of the Interior;
(5) the term "summer electrical season" means May through
October of each year;
(6) the term "water system" means the Mid-Dakota Rural Water
System, substantially in accordance with the feasibility study;
(7) the term "Western" means the Western Area Power
Administration;
(8) the term "wetland component" means the wetland development
and enhancement component of the water system substantially in
accordance with the wetland component report; and
(9) the term "wetland component report" means the report
entitled "Wetlands Development and Enhancement Component of the
Mid-Dakota Rural Water System" dated April 1990.
SEC. 1903. FEDERAL ASSISTANCE FOR RURAL WATER SYSTEM.
(a) IN GENERAL. -- The Secretary is authorized to make grants and
loans to Mid-Dakota Rural Water System, Inc., a nonprofit corporation,
for the planning and construction of the water system.
(b) SERVICE AREA. -- The water system shall provide for safe and
adequate municipal, rural, and industrial water supplies; mitigation of
wetland areas; and water conservation in Beadle County (including the
city of Huron), Buffalo, Hand, Hughes, Hyde, Jerauld, Potter, Sanborn,
Spink, and Sully Counties, and elsewhere in South Dakota.
(c) TERMS AND CONDITIONS. -- The Secretary shall make the grants and
loans authorized by subsection (a) on terms and conditions equivalent to
those applied by the Secretary of Agriculture in providing assistance to
projects for the conservation, development, use, and control of water
under section 306(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)), except to the extent that those terms and conditions
are inconsistent with this title.
(d) AMOUNT OF GRANTS. -- Grants made available under subsection (a)
to Mid-Dakota Rural Water System, Inc. and water conservation measures
consistent with section 1905 of this title shall not exceed 85 percent
of the amount authorized to be appropriated by section 1912 of this
title.
(e) LOAN TERMS. --
(1) a loan or loans made to Mid-Dakota Rural Water System, Inc.
under the provisions of this title shall be repaid, with interest,
within thirty years from the date of each loan or loans and no
penalty for pre-payment; and
(2) interest on a loan or loans made under subsection (a) to
Mid-Dakota Rural Water System, Inc. --
(A) shall be determined by the Secretary of the Treasury on the
basis of the weighted average yield of all interest bearing,
marketable issues sold by the Treasury during the fiscal year in
which the expenditures by the United States were made; and
(B) shall not accrue during planning and construction of the
water system, and the first payment on such a loan shall not be
due until after completion of construction of the water system.
(f) LIMITATION ON AVAILABILITY OF CONSTRUCTION FUNDS. -- The
Secretary shall not obligate funds for the construction of the
Mid-Dakota Water Supply System until --
(1) the requirements of the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) have been met; and
(2) a final engineering report has been prepared and submitted
to the Congress for a period of not less than ninety days.
(g) COORDINATION WITH THE DEPARTMENT OF AGRICULTURE. --
(1) The Secretary shall coordinate with the Secretary of
Agriculture, to the maximum extent practicable, grant and loan
assistance made under this section with similar assistance
available under the Consolidated Farm and Rural Development Act (7
U.S.C. 1921 et seq.).
(2) The Secretary of Agriculture shall take into consideration
grant and loan assistance available under this section when
considering whether to provide similar assistance available under
the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) to an applicant in the service area defined in subsection
(b).
SEC. 1904. FEDERAL ASSISTANCE FOR WETLAND DEVELOPMENT AND
ENHANCEMENT.
(a) INITIAL DEVELOPMENT. -- The Secretary shall make grants and
otherwise make funds available to Mid-Dakota Rural Water System, Inc.
and other private, State, and Federal entities for the initial
development of the wetland component.
(b) OPERATION AND MAINTENANCE. -- The Secretary shall make a grant,
not to exceed $100,000 annually, to the Mid-Dakota Rural Water System,
Inc., for the operation and maintenance of the wetland component.
(c) NONREIMBURSEMENT. -- Funds provided under this section shall be
nonreimbursable and nonreturnable.
SEC. 1905. WATER CONSERVATION.
(a) WITHHOLDING OF FUNDS. -- The Secretary shall not obligate
Federal funds for construction of the water system until the Secretary
finds that non-Federal entities have developed and implemented water
conservation programs throughout the service area of the water system.
(b) PURPOSE OF PROGRAMS. -- The water conservation programs required
by subsection (a) shall be designed to ensure that users of water from
the water system will use the best practicable technology and management
techniques to reduce water use and water system costs.
(c) DESCRIPTION OF PROGRAMS. -- Such water conservation programs
shall include (but are not limited to) adoption and enforcement of the
following --
(1) low consumption performance standards for all newly
installed plumbing fixtures;
(2) leak detection and repair programs;
(3) metering for all elements and individual connections of the
rural water supply systems to be accomplished within five years.
(For purposes of this paragraph, residential buildings of more
than four units may be considered as individual customers);
(4) declining block rate schedules shall not be used for
municipal households and special water users (as defined in the
feasibility study);
(5) public education programs; and
(6) coordinated operation among each rural water system and the
preexisting water supply facilities in its service area.
Such programs shall contain provisions for periodic review and revision,
in cooperation with the Secretary.
SEC. 1906. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation for fish and wildlife losses incurred as a result of the
construction and operation of the water system shall be on an
acre-for-acre basis, based on ecological equivalency, concurrent with
project construction.
SEC. 1907. USE OF PICK-SLOAN POWER.
(a) IN GENERAL. -- From power designated for future irrigation and
drainage pumping for the Pick-Sloan Missouri River Basin Program,
Western shall make available the capacity and energy required to meet
the pumping and incidental operational requirements of the water system
during the summer electrical season.
(b) CONDITIONS. -- The capacity and energy described in subsection
(a) shall be made available on the following conditions:
(1) The water system shall be operated on a not-for-profit
basis.
(2) The water system shall contract to purchase its entire
electric service requirements, including the capacity and energy
made available under subsection (a), from a cooperative power
supplier which purchases power from a cooperative power supplier
which itself purchases power from Western.
(3) The rate schedule applicable to the capacity and energy
made available under subsection (a) shall be Western's Pick-Sloan
Eastern Division Firm Power Rate Schedule in effect when the power
is delivered by Western.
(4) It shall be agreed by contract among --
(A) Western;
(B) the power supplier with which the water system contracts
under paragraph (2);
(C) that entity's power supplier; and
(D) Mid-Dakota Rural Water System, Inc.;
that for the capacity and energy made available under subsection (a),
the benefit of the rate schedule described in paragraph (3) shall be
passed through to the water system, but the water system's power
supplier shall not be precluded from including in its charges to the
water system for such electric service its other usual and customary
charges.
(5) Mid-Dakota Rural Water System, Inc., shall pay its power
supplier for electric service, other than for capacity and energy
supplied pursuant to subsection (a), in accordance with the power
supplier's applicable rate schedule.
SEC. 1908. RULE OF CONSTRUCTION.
This title shall not be construed to limit authorization for water
projects in the State of South Dakota under existing law or future
enactments.
SEC. 1909. WATER RIGHTS.
Nothing in this title shall be construed to --
(1) invalidate or preempt State water law or an interstate
compact governing water;
(2) alter the rights of any State to any appropriated share of
the waters of any body of surface or groundwater, whether
determined by past or future interstate compacts or by past or
future legislative or final judicial allocations;
(3) preempt or modify any State or Federal law or interstate
compact dealing with water quality or disposal; or
(4) confer upon any non-Federal entity the ability to exercise
any Federal right to the waters of any stream or to any
groundwater resources.
SEC. 1910. USE OF GOVERNMENT FACILITIES.
The use of and connection of water system facilities to Government
facilities at the Oahe powerhouse and pumping plant and their use for
the purpose of supplying water to the water system may be permitted to
the extent that such use does not detrimentally affect the use of those
Government facilities for the other purposes for which they are
authorized.
SEC. 1911. AUTHORIZATION OF APPROPRIATIONS.
(a) WATER SYSTEM. -- There is authorized to be appropriated to the
Secretary $100,000,000 for the planning and construction of the water
system under section 1903, plus such sums as are necessary to defray
increases in development costs reflected in appropriate engineering cost
indices after October 1, 1989, such sums to remain available under
expended.
(b) WETLAND COMPONENT. -- There are authorized to be appropriated to
the Secretary --
(1) $2,756,000 for the initial development of the wetland
component under section 1904; and
(2) such sums as are necessary for the operation and
maintenance of the wetland component, not exceeding $100,000
annually, under section 1904;
SEC. 2001. SHORT TITLE.
This title may be cited as the "Lake Andes-Wagner/Marty II Act of
1992".
SEC. 2002. DEMONSTRATION PROGRAM.
(a) The Secretary, acting pursuant to existing authority under the
Federal reclamation laws, shall, through the Bureau of Reclamation, and
in coordination with the Secretary of Agriculture and with the
assistance and cooperation of an oversight committee consisting of
representatives of the Bureau of Indian Affairs, Department of
Agriculture, Environmental Protection Agency, United States Fish and
Wildlife Service, United States Geological Survey, South Dakota
Department of Game, Fish and Parks, South Dakota Department of Water and
Natural Resources, Yankton-Sioux Tribe, and the Lake Andes-Wagner Water
Systems, Inc., carry out a demonstration program (hereinafter in this
title the "Demonstration Program") in substantial accordance with the
"Lake Andes-Wagner-Marty II Demonstration Program Plan of Study," dated
May 1990, a copy of which is on file with the Committee on Energy and
Natural Resources of the Senate and the Committee on Interior and
Insular Affairs of the House of Representatives.
(b) The objectives of the Demonstration Program shall include:
(1) development of accurate and definitive means of quantifying
projected irrigation and drainage requirements and providing
reliable estimates of drainage return flow quality and quantity
with respect to glacial till and other soils found in the specific
areas to be served with irrigation water by the planned Lake
Andes-Wagner Unit and Marty II Unit and which may also have
application to the irrigation and drainage of similar soils found
in other areas of the United States;
(2) development of best management practices for the purpose of
improving the efficiency of irrigation water use and developing
and demonstrating management techniques and technologies for
glacial till soils which will prevent or otherwise ameliorate the
degradation of water quality by irrigation practices;
(3) investigation and demonstration of the potential for
development and enhancement of wetlands and fish and wildlife
within and adjacent to the service areas of the planned Lake
Andes-Wagner Unit and the Marty II Unit through the application of
water and other management practices;
(4) investigation and demonstration of the suitability of
glacial till soils for crop production under irrigation, giving
special emphasis to crops of agricultural commodities for which an
acreage reduction program is not in effect under the provisions of
the Agriculture Act of 1949 (7 U.S.C. 1461 et seq.) or by any
successor programs established for crop years subsequent to 1990.
(c) Study sites shall be obtained through leases from landowners who
voluntarily agree to participate in the Demonstration Program under the
following conditions:
(1) rentals paid under a lease shall be based on the fair
rental market value prevailing for dry land farming of lands of
similar quantity and quality plus a payment representing
reasonable compensation for inconveniences to be encountered by
the lessor;
(2) the Demonstration Program shall provide for the --
(A) supply of all water, delivery system, pivot systems and
drains;
(B) operate and maintain the irrigation system;
(C) Secretary of Agriculture to supply all seed, fertilizers
and pesticides and make standardized equipment available;
(D) Secretary of Agriculture to determine crop rotations and
cultural practices;
(E) have unrestricted access to leased lands;
(3) the Secretary and the Secretary of Agriculture may contract
with the lessor and/or custom operators to accomplish agriculture
work, which work shall be performed in accordance with the
Demonstration Program;
(4) no grazing may be performed on a study site;
(5) crops grown shall be the property of the United States;
and
(6) at the conclusion of the lease, the lands involved will, to
the extent practicable, be restored by the Secretary to their
pre-leased condition at no expense to the lessor.
(d) The Secretary of Agriculture shall offer crops grown under the
Demonstration Program for sale to the highest bidder under terms and
conditions to be prescribed by the Secretary. Any crops not sold shall
be disposed of as the Secretary determines to be appropriate, except
that no crop may be given away to any for-profit entity or farm
operator. All receipts from crop sales shall be covered into the
Treasury to the credit of the fund from which appropriations for the
conduct of the Demonstration Program are derived.
(e) The land from each ownership in a study site shall be established
by the Secretary as a separate farm. The Secretary of Agriculture shall
provide for lessors to preserve the cropland base and history on lands
leased to the Demonstration Project under the same terms and conditions
provided for under section 1236(b) of the Food Security Act of 1985 (7
U.S.C. 3836(b)). Establishment of such study site farms shall not
entitle the Secretary to participate in farm programs or to build
program base.
(f) The Secretary shall periodically, but not less often than once a
year, report to the Committee on Energy and Natural Resources of the
Senate, to the Committee on Interior and Insular Affairs and the
Committee on Agriculture of the House of Representatives, and to the
Governor of South Dakota concerning the activities undertaken pursuant
to this section. The Secretary's reports and other information and data
developed pursuant to this section shall be available to the public
without charge. Each Demonstration Program report, including the report
referred to in paragraph (3) of this subsection, shall evaluate data
covering the results of the Demonstration Program as carried out on the
six study sites during the period covered by the report together with
data developed under the wetlands enhancement aspect during that period.
The demonstration phase of the Demonstration Program shall terminate at
the conclusion of the fifth full irrigation season. Promptly
thereafter, the Secretary shall:
(1) remove temporary facilities and equipment and restore the
study sites as nearly as practicable to their prelease condition.
The Secretary may transfer the pumping plant and/or distribution
lines to public agencies for uses other than commercial irrigation
if so doing would be less costly than removing such equipment;
(2) otherwise wind up the Demonstration Program; and
(3) prepare, in coordination with the Secretary of Agriculture,
a concluding report and recommendations covering the entire
demonstration phase, which report shall be transmitted by the
Secretary to the Congress and to the Governor of South Dakota not
later than April 1 of the calendar year following the calendar
year in which the demonstration phase of the Demonstration Program
terminates. The Secretary's concluding report, together with
other information and data developed in the course of the
Demonstration Program, shall be available to the public without
charge.
(g) Costs of the Demonstration Program funded by Congressional
appropriations shall be accounted for pursuant to the Act of October 29,
1971 (85 Stat. 416). Costs incurred by the State of South Dakota and
any agencies thereof arising out of consultation and participation in
the Demonstration Program shall not be reimbursed by the United States.
(h) Funding to cover expenses of the Federal agencies participating
in the Demonstration Program shall be included in the budget submittals
for the Bureau of Reclamation. The Secretary, using only funds
appropriated for the Demonstration Program, shall transfer to the other
Federal agencies funds appropriated for their expenses.
SEC. 2003. PLANNING REPORTS-ENVIRONMENTAL IMPACT STATEMENTS.
(a) On the basis of the concluding report and recommendations of the
Demonstration Program provided for in section 2002, the Secretary, with
respect to the Lake Andes-Wagner Unit and the Marty II Unit, shall
comply with the study and reporting requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
regulations issued to implement the provisions thereof. The final
reports prepared under this subsection shall be transmitted to the
Congress simultaneously with their filing with the Environmental
Protection Agency.
(b) Each report prepared under subsection (a) shall include a
detailed plan providing for the prevention or avoidance of adverse water
quality conditions attributable to agricultural drainage water
originating from lands to be irrigated by the Unit to which the report
pertains. The Secretary shall not recommend that any funds be
appropriated for construction of such Unit unless the respective report
prepared pursuant to subsection (a) is accompanied by findings by the
Secretary of Agriculture, the Director of the United States Fish and
Wildlife Service, and the Administrator of the Environmental Protection
Agency that the Unit to which the report pertains can be constructed,
operated and maintained so as to comply with all applicable water
quality standards and avoid significant adverse effects to fish and
wildlife resulting from the bioaccumulation of selenium.
(c) The construction of a Unit may not be undertaken until the final
report pertaining to that Unit, and the findings referred to in
subsection (b) of this section, have lain before the Congress for not
less than one hundred and eighty days and the Congress has appropriated
funds for the initiation of construction.
SEC. 2004. AUTHORIZATION OF THE LAKE ANDES-WAGNER UNIT AND THE MARTY
II UNIT, SOUTH DAKOTA.
Subject to the requirements of section 2003 of this title, the
Secretary is authorized to construct, operate, and maintain the Lake
Andes-Wagner Unit and the Marty II Unit, South Dakota, as units of the
South Dakota Pumping Divisions, Pick-Sloan Missouri Basin Program. The
units shall be integrated physically and financially with other Federal
works constructed under the Pick-Sloan Missouri Basin Program.
SEC. 2005. CONDITIONS.
(a) The Lake Andes-Wagner Unit shall be constructed, operated and
maintained to irrigate not more than approximately 45,000 acres
substantially as provided in the Lake Andes-Wagner Unit Planning Report
-- Final Environmental Impact Statement filed September 17, 1985,
supplemented as provided in section 2003 of this title. The Lake
Andes-Wagner Unit shall include on-farm pumps, irrigation sprinkler
systems, and other on-farm facilities necessary for the irrigation of
not to exceed approximately 1,700 acres of Indian-owned lands. The use
of electric power and energy required to operate the facilities for the
irrigation of such Indian-owned lands and to provide pressurization for
such Indian-owned lands shall be considered to be a project use.
(b) The Marty II Unit shall include a river pump, irrigation
distribution system, booster pumps, irrigation sprinkler systems, farm
and project drains, electrical distribution facilities, and the
pressurization to irrigate not more than approximately three thousand
acres of Indian-owned land in the Yankton-Sioux Indian Reservation,
substantially as provided in the final report for the Marty II Unit
prepared pursuant to section 2003 of this title.
(c) The construction costs of the Lake Andes-Wagner Unit allocated to
irrigation of non-Indian owned lands (both those assigned for return by
the water users and those assigned for return from power revenues of the
Pick-Sloan Missouri Basin Program) shall be repaid no later than forty
years following a determination by the Secretary that the project is
substantially complete. Repayment of the construction costs of the Lake
Andes-Wagner Unit apportioned to serving Indian-owned lands and of the
Marty II Unit allocated to irrigation shall be governed by the Act of
July 1, 1932 (47 Stat. 564, Chapter 369; 25 U.S.C. 386a).
(d) Indian-owned lands, or interests therein, required for the Lake
Andes-Wagner Unit or the Marty II Unit may, as an alternative to their
acquisition pursuant to existing authority under the Federal reclamation
laws, be acquired by exchange for land or interests therein of equal or
greater value which are owned by the United States and administered by
the Secretary or which may be acquired for that purpose by the
Secretary.
(e) For purposes of participation of lands in the Lake Andes-Wagner
Unit and the Marty II Unit in programs covered by title V of the
Agriculture Act of 1949 (7 U.S.C. 1461, et seq.) as amended by subtitle
A of title XI of the Food, Agriculture, Conservation and Trade Act of
1990 the crop acreage base determined under title V of that Act as so
amended and the program payment yield determined under title V of that
Act as so amended shall be the crop acreage base and program payment
yield established for the crop year immediately preceding the crop year
in which the development period for each Unit is initiated. For any
successor programs established for crop years subsequent to 1995, the
acreage and yield on which any program payments are based shall be
determined without taking into consideration any increase in acreage or
yield resulting from the construction and operation of the Units.
(f) Mitigation of fish and wildlife losses incurred as a result of
the construction and operation of the facilities authorized by this
section shall be concurrent with the construction of the Unit involved
and shall be on an acre-for-acre basis, based on ecological equivalency.
In addition to the fish and wildlife enhancement to be provided by the
fish rearing pond of the Lake Andes Unit, other facilities of that Unit
may be utilized to provide fish and wildlife benefits beyond the
mitigation required to the extent that such benefits may be provided
without increasing costs of construction, operation, maintenance or
replacement allocable to irrigation or impairing the efficiency of that
Unit for irrigation purposes.
SEC. 2006. INDIAN EMPLOYMENT.
In carrying out sections 2002, 2004 and 2005 of this title,
preference shall be given to the employment of members of the
Yankton-Sioux Tribe who can perform the work required regardless of age
(subject to existing laws and regulations), sex, or religion, and to the
extent feasible in connection with the efficient performance of such
functions, training and employment opportunities shall be provided to
members of the Yankton-Sioux Tribe regardless of age (subject to
existing laws and regulations), sex, or religion who are not fully
qualified to perform such functions.
SEC. 2007. FEDERAL RECLAMATION LAWS GOVERN.
This title is a supplement to the Federal reclamation laws (Act of
June 17, 1902, 32 Stat. 388, and Acts supplemental thereto and
amendatory thereof). The Federal reclamation laws shall govern all
functions undertaken pursuant to this title, except as otherwise
provided in this title.
SEC. 2008. COST SHARING.
(a) IN GENERAL. -- The Secretary is authorized and directed to enter
into negotiations with State and local interests for an agreement
providing for the equitable sharing of the costs of constructing the
Lake Andes-Wagner Unit.
(b) The agreement shall include provisions for:
(1) the establishment and capitalization of the non-Federal
fund, including, subject to the Secretary's approval, investment
policies and selection of the administering financial institution,
and including also provisions dealing with withdrawals of moneys
in the fund for construction purposes;
(2) the District to administer the design and construction,
which shall be subject to the approval of the Secretary, of the
distribution and drainage systems for the Lake Andes-Wagner Unit;
(3) financing, from moneys in the fund referred to in paragraph
(1), the construction cost of the ring dike; and
(4) financing, from moneys in the fund referred to in paragraph
(1), the construction cost of the Unit's closed drainage system;
subject to the conditions that:
(A) construction of the closed drainage system shall commence
not earlier than the sixth year of full operation of the Unit and
shall continue over a period of thirty-five years as required by
the Secretary subject to such modifications in the commencement
date and the construction period as the Secretary determines to be
required on the basis of physical conditions; and
(B) the District, in addition to such annual assessment as may
be required to meet its expenses (including operation and
maintenance costs and any annual repayment installments to the
United States) shall, commencing three years after issuance by the
Secretary of a notice that construction of the Unit (other than
drainage facilities) has been completed, levy assessments annually
of not less than $1.00 per irrigable acre calculated to provide
moneys sufficient, together with other moneys in the fund,
including anticipated accruals, referred to in paragraph (1), to
finance the construction of the closed drainage system.
(c) Notwithstanding any other requirements of this section, the
Secretary shall require that the agreement to be negotiated pursuant to
this section shall provide that the total non-Federal share of the costs
of construction allocable to irrigation of the facilities of the Lake
Andes-Wagner Unit to be constructed pursuant to subsection (a) of
section 2004 of this title (other than the costs apportionable to
serving Indian-owned lands and the facilities described in the second
sentence of that subsection) shall be 30 percent. The 30 percent
non-Federal share shall include:
(1) funds to be deposited in the non-Federal fund referred to
in paragraph (1) of subsection (b) of this section and interest
earned thereon;
(2) all funds heretofore or hereafter made available to the
United States by non-Federal interests, or expended by such
interests, for planning or advance planning assistance for the
Lake Andes-Wagner Unit or for the Marty II Unit; and
(3) any feature to which this section applies shall not be
initiated until after the District and the State have entered into
the cost-share agreement with the United States required by this
section.
SEC. 2009. AUTHORIZATION OF APPROPRIATIONS.
(a) LAKE ANDES-WAGNER UNIT. -- There are authorized to be
appropriated, subject to the findings required pursuant to section
2003(b) of this title --
(1) $175,000,000 (October 1989 price levels) for construction
of the Lake Andes-Wagner Unit (other than the facilities described
in the second sentence of subsection (a) of section 2005 of this
title) less the non-Federal contributions as provided in
subsections (b) and (c) of section 2008 of this title; and
(2) $1,350,000 (October 1989 price levels) for construction of
the facilities described in the second sentence of subsection (a)
of section 2005 of this title, which amounts include costs of the
Lake Andes-Wagner Irrigation District in administering design and
construction of the irrigation distribution and drainage systems.
(b) MARTY II UNIT. -- There are authorized to be appropriated
$24,000,000 (January 1989 price levels) for construction by the Bureau
of Reclamation in consultation with the Bureau of Indian Affairs of the
Marty II Unit.
(c) The amounts authorized to be appropriated by subsections (a) and
(b) of this section shall be plus or minus such amounts, if any, as may
be required by reason of changes in construction costs as indicated by
engineering cost indices applicable to the type of construction
involved.
(d) DEMONSTRATION PROGRAM. -- There are authorized to be
appropriated such amounts as may be necessary to carry out the
Demonstration Program.
(e) OPERATION AND MAINTENANCE. -- There are authorized to be
appropriated such amounts as may be necessary for the operation and
maintenance of each Unit.
SEC. 2010. INDIAN WATER RIGHTS.
Nothing in this title shall be construed as affecting any water
rights or claims thereto of the Yankton-Sioux tribe.
SEC. 2101. CLARIFICATION OF COST-SHARE REQUIREMENTS.
Notwithstanding any other provision of law, the project for flood
control, Rio Grande Floodway, San Acacia to Bosque del Apache Unit, New
Mexico, authorized by section 203 of the Flood Control Act of 1948
(Public Law 80-858) and amended by section 204 of the Flood Control Act
of 1950 (Public Law 82-516) is modified to more equitably reflect the
non-Federal benefits from the project in relation to the total benefits
of the project by reducing the non-Federal contribution for the project
by that percentage of benefits which is attributable to the Federal
properties: Provided, however, That the Federal property benefits
exceed 50 per centum of the total project benefits.
SEC. 2201. CONVEYANCE TO SUNNYSIDE VALLEY IRRIGATION DISTRICT.
The Secretary of the Interior shall convey to Sunnyside Valley
Irrigation District of Sunnyside, Washington, by quitclaim deed or other
appropriate instrument and without consideration, all right, title, and
interest of the United States, excluding oil, gas, and other mineral
deposits, in and to a parcel of public land described at lots 1 and 2 of
block 34 of the town of Sunnyside in section 25, township 10 north,
range 22 east, Willamette Meridian, Washington.
SEC. 2301. FINDINGS AND DECLARATIONS.
The Congress finds that and declares the following:
(1) Platoro Dam and Reservoir of the Platoro Unit of the
Conejos Division of the San Luis Valley Project was built in 1951
and for all practical purposes has not been usable because of the
constraints imposed by the Rio Grande Compact of 1939 on the use
of the Rio Grande River among the States of Colorado, New Mexico,
and Texas.
(2) The usefulness of Platoro Reservoir under future compact
compliance depends upon the careful conservation and wise
management of water and requires the operation of the reservoir
project in conjunction with privately owned water rights of the
local water users.
(3) It is in the best interest of the people of the United
States to --
(A) transfer operation, maintenance, and replacement
responsibility for the Platoro Dam and Reservoir to the Conejos
Water Conservancy District of the State of Colorado, which is the
local water user district with repayment responsibility to the
United States, and the local representative of the water users
with privately owned water rights;
(B) relieve the people of the United States from further risk
or obligation in connection with the collection of construction
charge repayments and annual operation and maintenance payments
for the Platoro Dam and Reservoir by providing for payment of a
one-time fee to the United States in lieu of the scheduled annual
payments and termination of any further repayment obligation to
the United States and the District (Contract Number I1r-1529, as
amended); and
(C) determine such one-time fee, taking into account the
assumption by the District of all of the operations and
maintenance costs associated with the reservoir, including the
existing Federal obligation for the operation and maintenance of
the reservoir for flood control purposes, and maintaining a
minimum stream flow as provided in section 2302(d) of this title.
SEC. 2302. TRANSFER OF OPERATION AND MAINTENANCE RESPONSIBILITY OF
PLATORO RESERVOIR.
(a) IN GENERAL. -- The Secretary is authorized and directed to
undertake the following:
(1) Accept a one-time payment of $450,000 from the district in
lieu of the repayment obligation of paragraphs 8(d) and 11 of the
Repayment Contract between the United States and the District
(Number I1r-1529) as amended.
(2) Enter into an agreement for the transfer of all of the
operation and maintenance functions of the Platoro Dam and
Reservoir, including the operation and maintenance of the
reservoir for flood control purposes, to the District. The
agreement shall provide --
(A) that the District will have the exclusive responsibility
for operations and the sole obligation for all of the maintenance
of the reservoir in a satisfactory condition for the life of the
reservoir subject to review of such maintenance by the Secretary
to ensure compliance with reasonable operation, maintenance and
dam safety requirements as they apply to Platoro Dam, and
Reservoir under Federal and State law; and,
(B) that the District shall have the exclusive use and sole
responsibility for maintenance of all associated facilities,
including outlet works, remote control equipment, spillway, and
land and buildings in the Platoro townsite. The District shall
have sole responsibility for maintaining the land and buildings in
a condition satisfactory to the United States Forest Service.
(b) TITLE. -- Title to the Platoro Dam and Reservoir and all
associated facilities shall remain with the United States, and authority
to make recreational use of Platoro Dam and Reservoir shall be under the
control and supervision of the United States Forest Service, Department
of Agriculture.
(c) AMENDMENTS TO CONTRACT. -- The Secretary is authorized to enter
into such other amendments to such contract Number I1r-1529, as amended,
necessary to facilitate the intended operations of the project by the
District. All applicable provisions of the Federal reclamation laws
shall remain in effect with respect to such contract.
(d) CONDITIONS IMPOSED UPON THE DISTRICT. -- The transfer of
operation and maintenance responsibility under subsection (a) shall be
subject to the following conditions:
(1)(A) The district will, after consultation with the United
States Forest Service, Department of Agriculture, operate the
Platoro Dam and Reservoir in such a way as to provide --
(i) that releases of bypass from the reservoir flush out the
channel of the Conejos River periodically in the spring or early
summer to maintain the hydrologic regime of the river; and
(ii) that any releases from the reservoir contribute to even
flows in the river as far as possible from October 1 to December 1
so as to be sensitive to the brown trout spawn.
(B) Operation of the Platoro Dam and Reservoir by the District
for water supply uses (including storage and exchange of water
rights owned by the District or its constituents), interstate
compact and flood control purposes shall be senior and paramount
to the channel flushing and fishery objectives referred to in
subparagraph (A).
(2) The District will provide and maintain a permanent pool in
the Platoro Reservoir for fish, wildlife, and recreation purposes,
in the amount of three thousand acre-feet, including the initial
filling of the pool and periodic replenishment of seepage and
evaporation loss: Provided, however, That if necessary to
maintain the winter instream flow provided in subparagraph (3),
the permanent pool may be allowed to be reduced to two thousand
four hundred acre-feet.
(3) In order to preserve fish and wildlife habitat below
Platoro Reservoir, the District shall maintain releases of water
from Platoro Reservoir of seven cubic feet per second during the
months of October through April and shall bypass forty cubic feet
per second or natural inflow, whichever is less, during the months
of May through September.
(4) The United States Forest Service, Department of
Agriculture, is directed to regularly monitor operation of Platoro
Reservoir, including releases from it for instream flow purposes,
and to enforce the provisions of this subsection under the laws,
regulations, and rules applicable to the National Forest System.
(e) FLOOD CONTROL MANAGEMENT. -- The Secretary of the Army, acting
through the Chief of Engineers, shall retain exclusive authority over
Platoro Dam and Reservoir for flood control purposes and shall direct
the District in the operation of the dam for such purposes. To the
extent possible, management by the Secretary of the Army under this
subsection shall be consistent with the water supply use of the
reservoir, with the administration of the Rio Grande Compact of 1939 by
the Colorado State Engineer and with the provisions of subsection (d)
hereof. The Secretary of the Army shall enter into a Letter of
Understanding with the District and the United States Bureau of
Reclamation prior to transfer of operations which details the
responsibility of each party and specifies the flood control criteria
for the reservoir.
(f) COMPLIANCE WITH COMPACT AND OTHER LAWS. -- The transfer under
section 2302 shall be subject to the District's compliance with the Rio
Grande Compact of 1939 and all other applicable laws and regulations,
whether of the State of Colorado or of the United States.
SEC. 2303. DEFINITIONS.
As used in this title --
(1) the term "District" means the Conejos Water Conservancy
District of the State of Colorado;
(2) the term "Federal reclamation laws" means the Act of June
17, 1902 (32 Stat. 388), and Acts supplementary thereto and
amendatory thereof;
(3) the term "Platoro Reservoir" means the Platoro Dam and
Reservoir of the Platoro Unit of the Conejos Division of the San
Luis Valley Project; and
(4) the term "Secretary" means the Secretary of the Interior.
SEC. 2401. SALE OF BUREAU OF RECLAMATION LOANS.
(a) The Secretary of the Interior (hereinafter in this title referred
to as the "Secretary") shall conduct appropriate investigations
regarding, and is authorized to, sell, or accept prepayment on, loans
made pursuant to the Small Reclamation Projects Act (43 U.S.C.
422a-422l) to the Redwood Valley County Water District.
(b) Any sale or prepayment of such loans, which are numbered
14-06-200-8423A and 14-06-200-842A Amendatory to the Redwood Valley
County Water District, shall realize an amount to the Federal Government
calculated by discounting the remaining payments due on the loans by the
interest rate determined according to this section.
(c) The Secretary shall determine the interest rate in accordance
with the guidelines set forth in Circular A-129 issued by the Office of
Management and Budget concerning loan sales and prepayment of loans.
(d) In determining the interest rate, the Secretary --
(1) shall not equate an appropriate amount of prepayment with
the price of the loan if it were to be sold on the open market to
a third party, and
(2) shall, in following the guidelines set forth in Circular
A-129 regarding an allowance for administrative expenses and
possible losses, make such an allowance from the perspective of
the Federal Government as lender and not from the perspective of a
third party purchasing the loan on the open market.
(e) If the borrower or purchaser of the loan has access to tax-exempt
financing (including, but not limited to, tax-exempt bonds, tax-exempt
cash reserves, and cash and loans of any kind from any tax-exempt
entity) to finance the transaction, and if the Office of Management and
Budget grants the Secretary the right to conduct such a transaction,
then the interest rate by which the Secretary discounts the remaining
payments due on the loan shall be adjusted by an amount that compensates
the Federal Government for the direct or indirect loss of future tax
revenues.
(f) Notwithstanding any other provision in this title, the interest
rate shall not exceed a composite interest rate consisting of the
current market yield on Treasury securities of comparable maturities.
(g) The Secretary shall obtain approval from the Secretary of the
Treasury and the Director of the Office of Management and Budget of the
final terms of any loan sale or prepayment made pursuant to this title.
SEC. 2402. SAVINGS PROVISIONS.
Nothing in this title, including prepayment or other disposition of
any loans, shall --
(a) except to the extent that prepayment may have been
authorized heretofore, relieve the borrower from the applications
of the provisions of the Federal Reclamation Law (Act of June 17,
1902, and Acts amendatory thereof or supplementary thereto,
including the Reclamation Reform Act of 1982), including acreage
limitations, to the extent such provisions would apply absent such
prepayment; or
(b) authorize the transfer of title to any federally owned
facilities funded by the loans specified in section 2201 of this
title without a specific Act of Congress.
SEC. 2403. FEES AND EXPENSES OF PROGRAM.
In addition to the amount to be realized by the United States as
provided in section 2201, the Redwood Valley County Water District shall
pay all reasonable fees and expenses incurred by the Secretary relative
to the sale.
SEC. 2404. TERMINATION OF AUTHORITY.
The authority granted by this title to sell loans shall terminate two
years after the date of enactment of this Act: Provided, That the
borrower shall have at least sixty days to respond to any prepayment
offer made by the Secretary.
SEC. 2501. SALE OF THE FREEMAN DIVERSION IMPROVEMENT PROJECT LOAN.
(a) AGREEMENT. --
(1) IN GENERAL. -- As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall conduct
appropriate investigations regarding, and is authorized to sell,
or accept prepayment on, the loan contract described in paragraph
(2) to the United Water Conservation District in California
(referred to in this title as the "District") for the Freeman
Diversion Improvement Project.
(2) LOAN CONTRACT. -- The loan contract described in paragraph
(1) is numbered 7-07-20-W0615 and was entered into pursuant to the
Small Reclamation Projects Act of 1956 (43 U.S.C. 422a et seq.).
(b) PAYMENT. -- Any agreement negotiated pursuant to subsection (a)
shall realize an amount to the Federal Government calculated by
discounting the remaining payments due on the loans by the interest rate
determined according to this section.
(c) The Secretary shall determine the interest rate in accordance
with the guidelines set forth in Circular A-129 issued by the Office of
Management and Budget concerning loan sales and prepayment of loans.
(d) In determining the interest rate, the Secretary --
(1) shall not equate an appropriate amount of prepayment with
the price of the loan if it were to be sold on the open market to
a third party, and
(2) shall, in following the guidelines set forth in Circular
A-129 regarding an allowance for administrative expenses and
possible losses, make such an allowance from the perspective of
the Federal Government as lender and not from the perspective of a
third party purchasing the loan on the open market.
(e) If the borrower or purchaser of the loan has access to tax-exempt
financing (including, but not limited to, tax-exempt bonds, tax-exempt
cash reserves, and cash and loans of any kind from any tax-exempt
entity) to finance the transaction, and if the Office of Management and
Budget grants the Secretary the right to conduct such a transaction,
then the interest rate by which the Secretary discounts the remaining
payments due on the loan shall be adjusted by an amount that compensates
the Federal Government for the direct or indirect loss of future tax
revenues.
(f) Notwithstanding any other provision in this title, the interest
rate shall not exceed a composite interest rate consisting of the
current market yield on Treasury securities of comparable maturities.
(g) The Secretary shall obtain approval from the Secretary of the
Treasury and the Director of the Office of Management and Budget of the
final terms of any loan sale or prepayment made pursuant to this title.
SEC. 2502. TERMINATION AND CONVEYANCE OF RIGHTS.
Upon receipt of the payment specified in section 2301(b) --
(1) the District's obligation under the loan contract described
in section 2301(a)(2) shall be terminated;
(2) the Secretary of the Interior shall convey all right and
interest of the United States in the Freeman Diversion Improvement
Project to the District; and
(3) the District shall absolve the United States, and its
officers and agents, of any liability associated with the Freeman
Diversion Improvement Project.
SEC. 2503. TERMINATION OF AUTHORITY.
The authority granted by this title to sell loans shall terminate two
years after the date of enactment of this Act: Provided, That the
borrower shall have at least sixty days to respond to any prepayment
offer made by the Secretary.
SEC. 2601. HIGH PLAINS STATES GROUNDWATER DEMONSTRATION PROGRAM ACT.
The High Plains States Groundwater Demonstration Program Act of 1983
(43 U.S.C. 390g-1 et seq.) is amended as follows:
(1) Section 4(c)(2) and section 5 "43 USC 390g-2, 390g-3" are
each amended by striking "final report" each place it appears and
inserting "summary report".
(2) Section 4(c) is amended by adding at the end the following:
"(3) In addition to recommendations made under section 3, the
Secretary shall make additional recommendations for design,
construction, and operation of demonstration projects. Such
projects are authorized to be designed, constructed, and operated
in accordance with subsection (a).
"(4) Each project under this section shall terminate five years
after the date on which construction on the project is completed.
"(5) At the conclusion of phase II the Secretary shall submit a
final report to the Congress which shall include, but not be
limited to, a detailed evaluation of the projects under this
section.".
(3) Section 7 "43 USC 390g-5" is amended by striking
"$20,000,000 (October 1983 price levels)" and inserting in lieu
thereof "$31,000,000 (October 1990 price levels) plus or minus
such amounts, if any, as may be required by reason of ordinary
fluctuations in construction costs as indicated by engineering
cost indexes applicable to the type of construction involved
herein".
SEC. 2701. PICK-SLOAN PROJECT PUMPING POWER.
(a) The Secretary of the Interior, in cooperation with the Secretary
of Energy, shall make available, as soon as practicable after the date
of enactment of this Act, project pumping power from the Pick-Sloan
Missouri River Basin Program (authorized by section 9 of the Act
entitled "An Act authorizing the construction of certain public works on
rivers and harbors for flood control, and for other purposes" approved
December 22, 1944 (58 Stat. 891) (commonly known as the "Flood Control
Act of 1944") to two existing non-Federal irrigation projects known as
the --
(1) Haidle Irrigation Project, Prairie County, Montana; and
(2) Hammond Irrigation District, Rosebud County, Montana.
Provided, That the two districts are determined by the Secretary of
Energy to be public agencies, as that term is used in section 9(c) of
the Reclamation Project Act of 1939, 43 U.S.C. section 485h(c).
(b) Power made available under this section shall be at the firm
power rate.
SEC. 2801. "16 USC 460l-31 note" SHORT TITLE.
This title may be cited as the "Reclamation Recreation Management Act
of 1992".
SEC. 2802. "16 USC 460l-31" FINDINGS.
The Congress finds and declares the following:
(1) There is a Federal responsibility to provide opportunities
for public recreation at Federal water projects.
(2) Some provisions of the Federal Water Project Recreation Act
are outdated because of increases in demand for outdoor recreation
and changes in the economic climate for recreation managing
entities.
(3) Provisions of such Act relating to non-Federal
responsibility for all costs of operation, maintenance, and
replacement of recreation facilities result in an unfair burden,
especially in cases where the facilities are old or underdesigned.
(4) Provisions of such Act that limit the Federal share of
recreation facility development at water projects completed before
1965 to $100,000 preclude a responsible Federal share in providing
adequate opportunities for safe outdoor recreation.
(5) There should be Federal authority to expand existing
recreation facilities to meet public demand, in partnership with
non-Federal interests.
(6) Nothing in this title changes the responsibility of the
Bureau to meet the purposes for which Federal Reclamation projects
were initially authorized and constructed.
(7) It is therefore in the best interest of the people of this
Nation to amend the Federal Water Project Recreation Act to remove
outdated restrictions and authorize the Secretary of the Interior
to undertake specific measures for the management of Reclamation
lands.
SEC. 2803. "16 USC 460l-32" DEFINITIONS.
For the purposes of this title:
(1) The term "Reclamation lands" means real property
administered by the Secretary, acting through the Commissioner of
Reclamation, and includes all acquired and withdrawn lands and
water areas under jurisdiction of the Bureau.
(2) The term "Reclamation program" means any activity
authorized under the Federal reclamation laws (the Act of June 17,
1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371)), and Acts
supplementary thereto and amendatory thereof).
(3) The term "Reclamation project" means any water supply or
water delivery project constructed or administered by the Bureau
of Reclamation under the Federal reclamation laws (the Act of June
17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 371), and Acts
supplementary thereto and amendatory thereof).
(4) The term "Secretary" means the Secretary of the Interior.
SEC. 2804. AMENDMENTS TO THE FEDERAL WATER PROJECT RECREATION ACT.
(a) ALLOCATION OF COSTS. -- Section 2(a) of the Federal Water
Project Recreation Act (16 U.S.C. 460l-13(a)) is amended, in the matter
preceding paragraph (1), by striking "all the costs of operation,
maintenance, and replacement" and inserting "not less than one-half the
costs of operation, maintenance, and replacement".
(b) RECREATION AND FISH AND WILDLIFE ENHANCEMENT. -- Section 3(b)(1)
of the Federal Water Project Recreation Act (16 U.S.C. 460l-14(b)(1)) is
amended --
(1) by striking "within ten years"; and
(2) by striking "all costs of operation, maintenance, and
replacement attributable" and inserting "not less than one-half
the costs of planning studies, and the costs of operation,
maintenance, and replacement attributable".
(c) LEASE OF FACILITIES. -- Section 4 of the Federal Water Project
Recreation Act (16 U.S.C. 460l-15) is amended by striking "costs of
operation, maintenance, and replacement of existing" and inserting "not
less than one-half the costs of operation, maintenance, and replacement
of existing".
(d) EXPANSION OR MODIFICATION OF EXISTING FACILITIES. -- Section 3
of the Federal Water Project Recreation Act (16 U.S.C. 460l-14) is
amended by adding at the end the following new subsection:
"(c)(1) Any recreation facility constructed under this Act may be
expanded or modified if --
"(A) the facility is inadequate to meet recreational demands;
and
"(B) a non-Federal public body executes an agreement which
provides that such public body --
"(i) will administer the expanded or modified facilities
pursuant to a plan for development for the project that is
approved by the agency with administrative jurisdiction over the
project; and
"(ii) will bear not less than one-half of the planning and
capital costs of such expansion or modification and not less than
one-half of the costs of the operation, maintenance, and
replacement attributable to the expansion of the facility.
"(2) The Federal share of the cost of expanding or modifying a
recreational facility described in paragraph (1) may not exceed 50
percent of the total cost of expanding or modifying the facility.".
(e) LIMITATION. -- Section 7(a) of the Federal Water Project
Recreation Act (16 U.S.C. 460l-18(a)) is amended --
(1) by striking "purposes: Provided," and all that follows
through the end of the sentence and inserting "purposes"; and
(2) by striking "subsection 3(b)" and inserting "subsection (b)
or (c) of section 3".
SEC. 2805. "16 USC 460l-33" MANAGEMENT OF RECLAMATION LANDS.
(a) ADMINISTRATION. -- (1) Upon a determination that any such fee,
charge, or commission is reasonable and appropriate, the Secretary
acting through the Commissioner of Reclamation, is authorized to
establish --
(A) filing fees for applications and other documents concerning
entry upon and use of Reclamation lands;
(B) recreation user fees; and
(C) charges or commissions for the use of Reclamation lands.
(2) The Secretary, acting through the Commissioner of Reclamation,
shall promulgate such regulations as the Secretary determines to be
necessary --
(A) to carry out the provisions of this section and section
2806;
(B) to ensure the protection, comfort, and well-being of the
public (including the protection of public safety) with respect to
the use of Reclamation lands; and
(C) to ensure the protection of resource values.
(b) INVENTORY. -- The Secretary, acting through the Commissioner of
Reclamation, is authorized to --
(1) prepare and maintain on a continuing basis an inventory of
resources and uses made of Reclamation lands and resources, keep
records of such inventory, and make such records available to the
public; and
(2) ascertain the boundaries of Reclamation lands and provide a
means for public identification (including, where appropriate,
providing signs and maps).
(c) PLANNING. -- (1)(A) The Secretary, acting through the
Commissioner of Reclamation, is authorized to develop, maintain, and
revise resource management plans for Reclamation lands.
(B) Each plan described in subparagraph (A) --
(i) shall be consistent with applicable laws (including any
applicable statute, regulation, or Executive order);
(ii) shall be developed in consultation with --
(I) such heads of Federal and non-Federal departments or
agencies as the Secretary determines to be appropriate; and
(II) the authorized beneficiaries (as determined by the
Secretary) of any Reclamation project included in the plan; and
(iii) shall be developed with appropriate public participation.
(C) Each plan described in subparagraph (A) shall provide for the
development, use, conservation, protection, enhancement, and management
of resources of Reclamation lands in a manner that is compatible with
the authorized purposes of the Reclamation project associated with the
Reclamation lands.
(d) NONREIMBURSABLE FUNDS. -- Funds expended by the Secretary in
carrying out the provisions of this title shall be nonreimbursable under
the Federal reclamation laws (the Act of June 17, 1902 (32 Stat. 388,
chapter 1093; 43 U.S.C. 371), and Acts supplementary thereto and
amendatory thereof).
SEC. 2806. "16 USC 460l-34" PROTECTION OF AUTHORIZED PURPOSES OF
RECLAMATION PROJECTS.
(a) Nothing in this title shall be construed to change, modify, or
expand the authorized purposes of any Reclamation project.
(b) The expansion or modification of a recreational facility
constructed under this title shall not increase the capital repayment
responsibilities or operation and maintenance expenses of the
beneficiaries of authorized purposes of the associated Reclamation
project. The term "beneficiaries" does not include those entities who
sign agreements or enter into contracts for recreation facilities
pursuant to the Federal Water Project Recreation Act.
SEC. 2901. REPAYMENT OF WATER PUMPS, SAN JUAN SUBURBAN WATER
DISTRICT, CENTRAL VALLEY PROJECT, CALIFORNIA.
(a) WATER PUMP REPAYMENT. -- The Secretary shall credit to the
unpaid capital obligation of the San Juan Suburban Water District
(District), as calculated in accordance with the Central Valley Project
ratesetting policy, an amount equal to the documented price paid by the
District for pumps and motors provided by the District to the Bureau of
Reclamation, in 1991 and 1992, for installation at Folsom Dam, Central
Valley Project, California.
(b) CONDITIONS. -- (1) The amount credited shall not include any
indirect or overhead costs associated with the acquisition of the pumps
and motors, such as those associated with the negotiation of a sales
price or procurement contract, inspection, and delivery of the pumps and
motors from the seller to the Bureau of Reclamation.
(2) The credit is effective on the dates the pumps and motors were
delivered to the Bureau of Reclamation for installation at Folsom Dam.
SEC. 3001. "43 USC 371 note" SHORT TITLE.
This title may be cited as the "Western Water Policy Review Act of
1992."
SEC. 3002. CONGRESSIONAL FINDINGS.
The Congress finds that --
(1) the Nation needs an adequate water supply for all states at
a reasonable cost;
(2) the demands on the Nation's finite water supply are
increasing;
(3) coordination on both the Federal level and the local level
is needed to achieve water policy objectives;
(4) not less than fourteen agencies of the Federal Government
are currently charged with functions relating to the oversight of
water policy;
(5) the diverse authority over Federal water policy has
resulted in unclear goals and an inefficient handling of the
Nation's water policy;
(6) the conflict between competing goals and objectives by
Federal, State, and local agencies as well as by private water
users is particularly acute in the nineteen Western States which
have arid climates which include the seventeen reclamation States,
Hawaii, and Alaska;
(7) the appropriations doctrine of water allocation which
characterizes most western water management regimes varies from
State to State, and results in many instances in increased
competition for limited resources;
(8) the Federal Government has recognized and continues to
recognize the primary jurisdiction of the several States over the
allocation, priority, and use of water resources of the States,
except to the extent such jurisdiction has been preempted in whole
or in part by the Federal Government, including, but not limited
to, express or implied Federal reserved water rights either for
itself or for the benefit of Indian Tribes, and that the Federal
Government will, in exercising its authorities, comply with
applicable State laws;
(9) the Federal Government recognizes its trust
responsibilities to protect Indian water rights and assist Tribes
in the wise use of those resources;
(10) Federal agencies, such as the Bureau of Reclamation, have
had, and will continue to have major responsibilities in assisting
States in the wise management and allocation of scarce water
resources; and
(11) the Secretary of the Interior, given his responsibilities
for management of public land, trust responsibilities for Indians,
administration of the reclamation program, investigations and
reviews into ground water resources through the Geologic Survey,
and the Secretary of the Army, given his responsibilities for
flood control, water supply, hydroelectric power, recreation, and
fish and wildlife enhancement, have the resources to assist in a
comprehensive review, in consultation with appropriate officials
from the nineteen Western States, into the problems and potential
solutions facing the nineteen Western States and the Federal
Government in the increasing competition for the scarce water
resources of the Western States.
SEC. 3003. PRESIDENTIAL REVIEW.
(a) The President is directed to undertake a comprehensive review of
Federal activities in the nineteen Western States which directly or
indirectly affect the allocation and use of water resources, whether
surface or subsurface, and to submit a report on the President's
findings, together with recommendations, if any, to the Committees on
Energy and Natural Resources, Environment and Public Works and
Appropriations of the Senate and the Committees on Interior and Insular
Affairs, Public Works and Transportation, Merchant Marine and Fisheries
and Appropriations of the House of Representatives.
(b) Such report shall be submitted within three years from the date
of enactment of this Act.
(c) In conducting the review and preparing the report, the President
is directed to consult with the Advisory Commission established under
section 3004 of this title, and may request the Secretary of the
Interior and the Secretary of the Army or other Federal officials or the
Commission to undertake such studies or other analyses as the President
determines would assist in the review.
(d) The President shall consult periodically with the Commission, and
upon the request of the President, the heads of other Federal agencies
are directed to cooperate with and assist the Commission in its
activities.
SEC. 3004. THE ADVISORY COMMISSION.
(a) The President shall appoint an Advisory Commission (hereafter in
this title referred to as the "Commission") to assist in the preparation
and review of the report required under this title.
(b) The Commission shall be composed of eighteen members as follows:
(1) Ten members appointed by the President including:
(A) the Secretary of the Interior or his designee;
(B) the Secretary of the Army or his designee;
(C) at least one representative chosen from a list submitted by
the Western Governors Association; and
(D) at least one representative chosen from a list submitted by
Tribal governments located in the Western States.
(2) In addition to the ten members appointed by the President,
twelve Members from the United States Congress shall serve as ex
officio members of the Commission. For the United States Senate:
the Chairmen and the Ranking Minority Members of the Committees on
Energy and Natural Resources, and Appropriations, and the
Subcommittee of the Committee on Energy and Natural Resources
which has jurisdiction over the Bureau of Reclamation. For the
United States House of Representatives: the Chairman and Ranking
Minority Members of the Committees on Interior and Insular
Affairs, Public Works and Transportation, and Appropriations.
(c) The President shall appoint one member of the Commission to serve
as Chairman.
(d) Any vacancy which may occur on the Commission shall be filled in
the same manner in which the original appointment was made.
(e) Members of the Commission shall serve without compensation but
shall be reimbursed for travel, subsistence, and other necessary
expenses incurred by them in the performance of their duties.
SEC. 3005. DUTIES OF THE COMMISSION.
The Commission shall --
(1) review present and anticipated water resource problems
affecting the nineteen Western States, making such projections of
water supply requirements as may be necessary and identifying
alternative ways of meeting these requirements -- giving
considerations, among other things, to conservation and more
efficient use of existing supplies, innovations to encourage the
most beneficial use of water and recent technological advances;
(2) examine the current and proposed Federal programs affecting
such States and recommend to the President whether they should be
continued or adopted and, if so, how they should be managed for
the next twenty years, including the possible reorganization or
consolidation of the current water resources development and
management agencies;
(3) review the problems of rural communities relating to water
supply, potable water treatment, and wastewater treatment;
(4) review the need and opportunities for additional storage or
other arrangements to augment existing water supplies including,
but not limited to, conservation;
(5) review the history, use, and effectiveness of various
institutional arrangements to address problems of water
allocation, water quality, planning, flood control and other
aspects of water development and use, including, but not limited
to, interstate water compacts, Federal-State regional
corporations, river basin commissions, the activities of the Water
Resources Council, municipal and irrigation districts and other
similar entities with specific attention to the authorities of the
Bureau of Reclamation under reclamation law and the Secretary of
the Army under water resources law;
(6) review the legal regime governing the development and use
of water and the respective roles of both the Federal Government
and the States over the allocation and use of water, including an
examination of riparian zones, appropriation and mixed systems,
market transfers, administrative allocations, ground water
management, interbasin transfers, recordation of rights,
Federal-State relations including the various doctrines of Federal
reserved water rights (including Indian water rights and the
development in several States of the concept of a public trust
doctrine); and
(7) review the activities, authorities, and responsibilities of
the various Federal agencies with direct water resources
management responsibility, including but not limited to the Bureau
of Reclamation, the Department of the Army, and those agencies
whose decisions would impact on water resource availability and
allocation, including, but not limited to, the Federal Energy
Regulatory Commission.
SEC. 3006. REPRESENTATIVES.
(a) The Chairman of the Commission shall invite the Governor of each
Western State to designate a representative to work closely with the
Commission and its staff in matters pertaining to this title.
(b) The Commission, at its discretion, may invite appropriate public
or private interest groups including, but not limited to, Indian and
Tribal organizations to designate a representative to work closely with
the Commission and its staff in matters pertaining to this title.
SEC. 3007. POWERS OF THE COMMISSION.
(a) The Commission may --
(1) hold such hearings, sit and act at such times and places,
take such testimony, and receive such evidence as it may deem
advisable;
(2) use the United States mail in the same manner and upon the
same conditions as other departments and agencies of the United
States;
(3) enter into contracts or agreements for studies and surveys
with public and private organizations and transfer funds to
Federal agencies to carry out such aspects of the Commission's
functions as the Commission determines can best be carried out in
that manner; and
(4) incur such necessary expenses and exercise such other
powers as are consistent with and reasonably required to perform
its functions under this title.
(b) Any member of the Commission is authorized to administer oaths
when it is determined by a majority of the Commission that testimony
shall be taken or evidence received under oath.
(c) The Commission shall have a Director who shall be appointed by
the Commission and who shall be paid at a rate not to exceed the maximum
rate of basic pay payable for level II of the Executive Schedule.
(1) With the approval of the Commission, the Director may
appoint and fix the pay of such personnel as the Director
considers appropriate but only to the extent that such personnel
cannot be obtained from the Secretary of the Interior or by detail
from other Federal agencies. Such personnel may be appointed
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may be paid
without regard to the provisions of chapter 51 and subchapter III
of chapter 53 of such Title relating to classification and General
Schedule pay rates.
(2) With the approval of the Commission, the Director may
procure temporary and intermittent services under section 3109(b)
of title 5 of the United States Code, but at rates for individuals
not to exceed the daily equivalent of the maximum annual rate of
basic pay payable for GS-18 of the General Schedule.
(d) The Secretary of the Interior and the Secretary of the Army shall
provide such office space, furnishings and equipment as may be required
to enable the Commission to perform its functions. The Secretary shall
also furnish the Commission with such staff, including clerical support,
as the Commission may require.
SEC. 3008. POWERS AND DUTIES OF THE CHAIRMAN.
(a) Subject to general policies adopted by the Commission, the
Chairman shall be the chief executive of the Commission and shall
exercise its executive and administrative powers as set forth in
paragraphs (2) through (4) of section 3007(a).
(b) The Chairman may make such provisions as he shall deem
appropriate authorizing the performance of any of his executive and
administrative functions by the Director or other personnel of the
Commission.
SEC. 3009. OTHER FEDERAL AGENCIES.
(a) The Commission shall, to the extent practicable, utilize the
services of the Federal water resource agencies.
(b) Upon request of the Commission, the President may direct the head
of any other Federal department or agency to assist the Commission and
such head of any Federal department or agency is authorized --
(1) to furnish to the Commission, to the extent permitted by
law and within the limits of available funds, including funds
transferred for that purpose pursuant to section 3007(a)(7) of
this title, such information as may be necessary for carrying out
its functions and as may be available to or procurable by such
department or agency, and
(2) to detail to temporary duty with the Commission on a
reimbursable basis such personnel within his administrative
jurisdiction as it may need or believe to be useful for carrying
out its functions, each such detail to be without loss of
seniority, pay, or other employee status.
(c) Financial and administrative services (including those related to
budgeting, accounting, financial reporting, personnel, and procurement)
shall be provided the Commission by the Secretary of the Interior.
SEC. 3010. APPROPRIATIONS.
There are hereby authorized to be appropriated not to exceed
$10,000,000 to carry out the purposes of sections 3001 through 3009 of
this title.
SEC. 3101. PAYMENT BY MOUNTAIN PARK MASTER CONSERVANCY DISTRICT.
(a) IN GENERAL. -- The Secretary shall conduct appropriate
investigations regarding, and is authorized to accept prepayment of, the
repayment obligation of the District for the reimbursable construction
costs of the project allocated to municipal and industrial water supply
for the city, and, upon receipt of such prepayment, the District's
obligation to the United States shall be reduced by the amount of such
costs.
(b) PAYMENT AMOUNT. -- Any prepayment made pursuant to subsection
(a) shall realize an amount to the Federal Government calculated by
discounting the remaining repayment obligation by the interest rate
determined according to this section.
(c) INTEREST RATE. -- The Secretary shall determine the interest
rate in accordance with the guidelines set forth in Circular A-129
issued by the Office of Management and Budget concerning loan sales and
prepayment of loans.
(d) INVESTIGATIONS. -- In determining the interest rate, the
Secretary --
(1) shall not equate an appropriate amount of prepayment with
the price of the loan if it were to be sold on the open market to
a third party, and
(2) shall, in following the guidelines set forth in Circular
A-129 regarding an allowance for administrative expenses and
possible losses, make such an allowance from the perspective of
the Federal Government as lender and not from the perspective of a
third party purchasing the loan on the open market.
(e) TAX-EXEMPT FINANCING. -- If the borrower or purchaser of the
loan has access to tax-exempt financing (including, but not limited to,
tax-exempt bonds, tax-exempt cash reserves, and cash and loans of any
kind from any tax-exempt entity) to finance the transaction, and if the
Office of Management and Budget grants the Secretary the right to
conduct such a transaction, then the interest rate by which the
Secretary discounts the remaining payments due on the loan shall be
adjusted by an amount that compensates the Federal Government for the
direct or indirect loss of future tax revenues.
(f) LIMIT ON INTEREST RATE. -- Notwithstanding any other provision
in this title, the interest rate shall not exceed a composite interest
rate consisting of the current market yield on Treasury securities of
comparable maturities.
(g) APPROVAL. -- The Secretary shall obtain approval from the
Secretary of the Treasury and the Director of the Office of Management
and Budget of the final terms of any prepayment made pursuant to this
title.
(h) TERMINATION OF AUTHORITY. -- The authority granted by this title
to sell loans shall terminate two years after the date of enactment of
this Act: Provided, That the borrower shall have at least sixty days to
respond to any prepayment offer made by the Secretary.
(i) TITLE TO PROJECT FACILITIES. -- Notwithstanding any payments
made by the District pursuant to this section or pursuant to any
contract with the Secretary, title to the project facilities shall
remain with the United States.
(j) DEFINITIONS. -- For the purposes of this section --
(1) the term "city" means the city of Frederick, Oklahoma; the
city of Snyder, Oklahoma; or the city of Altus, Oklahoma;
(2) the term "District" means the Mountain Park Master
Conservancy District of Mountain Park, Oklahoma;
(3) the term "project" means the Mountain Park Project,
Oklahoma; and
(4) the term "Secretary" means the Secretary of the Interior.
SEC. 3102. RESCHEDULE OF REPAYMENT OBLIGATION.
(a) The Secretary shall conduct appropriate investigations regarding
the ability of the District to meet its repayment obligation.
(b) If the Secretary finds that the District does not have the
ability to pay its repayment obligation, then the Secretary shall offer
the District a revised schedule of payments for purposes of meeting the
repayment obligation of the District: Provided, That such schedule of
payments shall --
(1) be consistent with the ability to pay of the District, and
(2) have the same discounted present value as the repayment
obligation of the District.
(c) The Secretary shall conduct the investigations and make any offer
of a revised schedule of payments pursuant to this section no later than
twelve months after the date of enactment of this section.
SEC. 3201. SOUTH DAKOTA BIOLOGICAL DIVERSITY TRUST.
(a) The Secretary, subject to the provisions of subsection (d) of
this section, shall make an annual Federal contribution to a South
Dakota Biological Diversity Trust established in accordance with
subsection (b) of this section and operated in accordance with
subsection (c) of this section. Contributions from the State of South
Dakota may be paid to the Trust in such amounts and in such manner as
may be agreed upon by the Governor and the Secretary. The total Federal
contribution pursuant to this section, including subsection (d), shall
not exceed $12,000,000.
(b) A South Dakota Biological Diversity Trust shall be eligible to
receive Federal contributions pursuant to subsection (a) of this section
if it complies with each of the following requirements:
(1) The Trust is established by non-Federal interests as a
nonprofit corporation under the laws of South Dakota with its
principal office in South Dakota.
(2) The Trust is under the direction of a Board of Trustees
which has the power to manage all affairs of the corporation,
including administration, data collection, and implementation of
the purposes of the Trust.
(3) The Board is comprised of five persons appointed as
follows, each for a term of five years:
(A) 1 person appointed by the Governor of South Dakota;
(B) 1 person appointed by each United States Senator from South
Dakota;
(C) 1 person appointed by the United States Representative from
South Dakota; and
(D) 1 person appointed by the South Dakota Academy of Science.
(4) Vacancies on the Board are filled in the manner in which
the original appointments were made. Any member of the Board is
eligible for reappointment for successive terms. Any member
appointed to fill a vacancy occurring before the expiration of the
term for which his or her predecessor was appointed is appointed
only for the remainder of such term. A member may serve after the
expiration of his or her term until his or her successor has taken
office. Members of the Board shall serve without compensation.
(5) The corporate purposes of the Trust are to select and
provide funding for projects that protect or restore the best
examples of South Dakota's biological diversity, its rare species,
exemplary examples of plant and animal communities and large-scale
natural ecosystems.
(c) A South Dakota Biological Diversity Trust established by
non-Federal interests as provided in subsection (b) shall be deemed to
be operating in accordance with this subsection if, in the opinion of
the Secretary, each of the following requirements are met:
(1) the Trust is operated to select and provide funding for
projects that protect or restore the best examples of South
Dakota's biological diversity; its rare species, extraordinary
examples of plant and animal communities and large-scale natural
ecosystems in accordance with its corporate purpose; and
(2) the Trust is managed in a fiscally responsible fashion by
investing in private and public financial vehicles with the goal
of producing income and preserving principal. The principal will
be inviolate, but income will be used to accomplish the goals of
the trust.
(3) Proceeds from the Trust are used for the following
purposes:
(A) $10,000 per year or 5 percent of the total funds expended
by the Trust (whichever is larger) will be provided to the South
Dakota Natural Heritage Program (currently as part of the South
Dakota Game, Fish, and Parks Departments), in order to do the
following:
(i) maintain and update the South Dakota Biodiversity Priority
Site List;
(ii) conduct inventory to discover and survey new sites for the
Priority Site List; and
(iii) manage data to maintain the Natural Heritage Databases
needed to produce and document the Priority Site List.
(B) Up to 5 percent of the costs of each project are used for
preserve design or site planning to ensure that sites are selected
for funding which are well-designed to maintain the long-term
viability of the significant species and communities found at the
site.
(C) Proceeds from the Trust may be used to complete land
protection projects designed to protect biological diversity.
(D) Projects may include acquisition of land, water rights or
other partial interests from willing sellers only, or arranging
management agreements, registry and other techniques to protect
significant sites.
(E) Ownership of land acquired with Trust proceeds will be held
by the public agency or private non-profit organization which
proposed and completed the project, or another conservation owner
with the approval of the Board. The land will be managed and used
for the protection of biological diversity. If the property is
used or managed otherwise, title will revert to the Trust for
disposition.
(F) Projects eligible for funding must be included on the South
Dakota Biodiversity Priority List and located within the borders
of South Dakota.
(G) At the discretion of the Board, Trust proceeds may be used
for direct project costs including direct expenses incurred during
project completion. Land project funding may also include the
creation of a stewardship endowment subject to the following
terms:
(i) Up to 25 percent of the total fair market value of the
project may be placed in a separate endowment.
(ii) The proceeds from the endowment will be used for the
ongoing management costs of maintaining the biological integrity
and viability of the significant biological features of the site.
(iii) Endowment funds may not be used for activities which
primarily promote recreational or economic use of the site.
(iv) The endowment for each site will be held in a separate
account from the body of the Trust and other endowments. The
endowments will be managed by the Trust Board but the owner or
manager of the site may draw upon the proceeds of the stewardship
endowment to fund management activities with approval of the
Board. Additional management funds may be secured from other
public and private sources.
(H) Should the biological significance of a site be destroyed
or greatly reduced, the land may be disposed of but the proceeds
and any stewardship endowment will revert to the Trust for use in
other projects.
(I) Proceeds from the Trust may be used for management of
public or private lands, including but not restricted to lands
purchased with Trust funds, except that only those management
projects that result in the maintenance or restoration of
statewide biological diversity are eligible for consideration.
(d) For each fiscal year after 1992, 2 percent of the Federal
contributions for the same fiscal year, determined pursuant to
subsection (a) of this section, shall be used by the Secretary in order
to do the following:
(1) restore damaged natural ecosystems on public lands and
waterways affected by the Reclamation program outside South
Dakota;
(2) acquire from willing sellers only other lands and
properties or appropriate interests therein outside South Dakota
with restorable damaged natural ecosystems and restore such
ecosystems;
(3) provide jobs and suitable economic development in a manner
that carries out the other purposes of this subsection;
(4) provide expanded recreational opportunities; and
(5) support and encourage research, training and education in
methods and technologies of ecosystem restoration.
(e) In implementing subsection (d), the Secretary shall give priority
to restoration and acquisition of lands and properties (or appropriate
interests therein) where repair of compositional, structural and
functional values will do the following:
(1) reconstitute natural biological diversity that has been
diminished;
(2) assist the recovery of species populations, communities and
ecosystems that are unable to survive onsite without intervention;
(3) allow reintroduction and reoccupation by native flora and
fauna;
(4) control or eliminate exotic flora and fauna which are
damaging natural ecosystems;
(5) restore natural habitat for the recruitment and survival of
fish, waterfowl and other wildlife;
(6) provide additional conservation values to state and local
government lands;
(7) add to structural and compositional values of existing
preserves or enhance the viability, defensibility and
manageability of preserves; and
(8) restore natural hydrological effects including sediment and
erosion control, drainage, percolation and other water quality
improvement capacity.
(f) The Secretary shall annually report on activities under this
section to the Committee on Energy and Natural Resources and the
Committee on Appropriations of the Senate and the Committee on Interior
and Insular Affairs and the Committee on Appropriations of the House of
Representatives.
(g) There are authorized to be appropriated not to exceed $12,000,000
for the purposes of this title.
SEC. 3202. DEFINITIONS.
(1) The term "Foundation" means the South Dakota Game, Fish and Parks
Foundation, a nonprofit corporation under the laws of the State of South
Dakota with its principal office in South Dakota.
(2) The term "wetland trust" means a trust established in accordance
with section 3602(b) and operated in accordance with section 3602(c).
SEC. 3203. WETLAND TRUST.
(a) FEDERAL CONTRIBUTIONS. -- Subject to appropriations therefor,
the Secretary shall make a Federal contribution to a wetland trust that
is --
(1) established in accordance with subsection (b); and
(2) operated in accordance with subsection (c), in the amount
of $3,000,000 in the first year in which a contribution is made
and $1,000,000 in each of the following four years.
(b) ESTABLISHMENT OF WETLAND TRUST. -- A wetland trust is
established in accordance with this subsection if --
(1) the wetland trust is administered by the Foundation;
(2) the Foundation is under the direction of a Board of
Directors that has power to manage all affairs of the Foundation,
including administration, data collection, and implementation of
the purposes of the wetland trust;
(3) members of the Board of Directors of the Foundation serve
without compensation;
(4) the corporate purposes of the Foundation in administering
the wetland trust are to preserve, enhance, restore, and manage
wetland and associated wildlife habitat in the State of South
Dakota;
(5) an advisory committee is created to provide the Board of
Directors of the Foundation with necessary technical expertise and
the benefit of a multiagency perspective;
(6) the advisory committee described in paragraph (5) is
composed of --
(A) 1 member of the staff of the Wildlife Division of the South
Dakota Department of Game, Fish and Parks, appointed by the
Secretary of that department;
(B) 1 member of the United States Fish and Wildlife Service,
appointed by the Director of Region 6 of the United States Fish
and Wildlife Service;
(C) 1 representative from the Department of Agriculture, as
determined by the Secretary of Agriculture; and
(D) 3 residents of the State of South Dakota who are members of
wildlife or environmental organizations, appointed by the Governor
of the State of South Dakota; and
(7) the wetland trust is empowered to accept non-Federal
donations, gifts, and grants.
(c) OPERATION OF WETLAND TRUST. -- The wetland trust shall be
considered to be operated in accordance with this subsection if --
(1) the wetland trust is operated to preserve, enhance,
restore, and manage wetlands and associated wildlife habitat in
the State of South Dakota;
(2) under the corporate charter of the Foundation, the Board of
Directors, acting on behalf of the Foundation, is empowered to --
(A) acquire lands and interests in land and power to acquire
water rights (but only with the consent of the owner);
(B) acquire water rights; and
(C) finance wetland preservation, enhancement, and restoration
programs;
(3)(A) all funds provided to the wetland trust under subsection
(a) are to be invested in accordance with subsection (d);
(B) no part of the principal amount (including capital gains
thereon) of such funds are to be expended for any purpose;
(C) the income received from the investment of such funds is to
be used only for purposes and operations in accordance with this
subsection or, to the extent not required for current operations,
reinvested in accordance with subsection (d);
(D) income earned by the wetland trust (including income from
investments made with funds other than those provided to the
wetland trust under subsection (a)) is used to --
(i) enter into joint ventures, through the Division of Wildlife
of the South Dakota Department of Game, Fish and Parks, with
public and private entities or with private landowners to acquire
easements or leases or to purchase wetland and adjoining upland;
or
(ii) pay for operation and maintenance of the wetland
component;
(E) when it is necessary to acquire land other than wetland and
adjoining upland in connection with an acquisition of wetland and
adjoining upland, wetland trust funds (including funds other than
those provided to the wetland trust under subsection (a) and
income from investments made with such funds) are to be used only
for acquisition of the portions of land that contain wetland and
adjoining upland that is beneficial to the wetland;
(F) all land purchased in fee simple with wetland trust funds
shall be dedicated to wetland preservation and use; and
(G)(i) proceeds of the sale of land or any part thereof that
was purchased with wetland trust funds are to be remitted to the
wetland trust;
(ii) management, operation, development, and maintenance of
lands on which leases or easements are acquired;
(iii) payment of annual lease fees, one-time easement costs,
and taxes on land areas containing wetlands purchased in fee
simple;
(iv) payment of personnel directly related to the operation of
the wetland trust, including administration; and
(v) contractual and service costs related to the management of
wetland trust funds, including audits.
(4) the Board of Directors of the Foundation agrees to provide
such reports as may be required by the Secretary and makes its
records available for audit by Federal agencies; and
(5) the advisory committee created under subsection (b) --
(A) recommends criteria for wetland evaluation and selection:
Provided, That income earned from the Trust shall not be used to
mitigate or compensate for wetland damage caused by Federal water
projects;
(B) recommends wetland parcels for lease, easement, or purchase
and states reasons for its recommendations; and
(C) recommends management and development plans for parcels of
land that are purchased.
(d) INVESTMENT OF WETLAND TRUST FUNDS. -- (1) The Secretary, in
consultation with the Secretary of the Treasury, shall establish
requirements for the investment of all funds received by the wetland
trust under subsection (a) or reinvested under subsection (c)(3).
(2) The requirements established under paragraph (1) shall ensure
that --
(A) funds are invested in accordance with sound investment
principles; and
(B) the Board of Directors of the Foundation manages such
investments and exercises its fiduciary responsibilities in an
appropriate manner.
(e) COORDINATION WITH THE SECRETARY OF AGRICULTURE. -- (1) The
Secretary shall make the Federal contribution under subsection (a) after
consulting with the Secretary of Agriculture to provide for the
coordination of activities under the wetland trust established under
subsection (b) with the water bank program, the wetlands reserve
program, and any similar Department of Agriculture programs providing
for the protection of wetlands.
(2) The Secretary of Agriculture shall take into consideration
wetland protection activities under the wetland trust established under
subsection (b) when considering whether to provide assistance under the
water bank program, the wetlands reserve program, and any similar
Department of Agriculture programs providing for the protection of
wetlands.
SEC. 3204. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary $7,000,000
for the Federal contribution to the wetland trust established under
section 3203.
SEC. 3301. TRANSFER.
The Secretary is authorized to transfer to the Elephant Butte
Irrigation District, New Mexico, and El Paso County Water Improvement
District No. 1, Texas, without cost to the respective district, title to
such easements, ditches, laterals, canals, drains, and other
rights-of-way, which the United States has acquired on behalf of the
project, that are used solely for the purpose of serving the respective
district's lands and which the Secretary determines are necessary to
enable the respective district to carry out operation and maintenance
with respect to that portion of the Rio Grande project to be
transferred. The transfer of the title to such easements, ditches,
laterals, canals, drains, and other rights-of-way located in New Mexico,
which the Secretary has, that are used for the purpose of jointly
serving Elephant Butte Irrigation District and El Paso County Water
Improvement District No. 1, may be transferred to Elephant Butte
Irrigation District and El Paso County Water Improvement District No. 1,
jointly, upon agreement by the Secretary and both districts. Any
transfer under this section shall be subject to the condition that the
respective district assume responsibility for operating and maintaining
their portion of the project.
SEC. 3302. LIMITATION.
Title to and responsibility for operation and maintenance of Elephant
Butte and Caballo dams, and Percha, Leasburg, and Mesilla diversion dams
and the works necessary for their protection and operation shall be
unaffected by this title.
SEC. 3303. EFFECT OF ACT ON OTHER LAWS.
Nothing in this title shall affect any right, title, interest or
claim to land or water, if any, of the Ysleta del Sur Pueblo, a
federally recognized Indian Tribe.
SEC. 3401. SHORT TITLE.
This title may be cited as the "Central Valley Project Improvement
Act".
SEC. 3402. PURPOSES.
The purposes of this title shall be --
(a) to protect, restore, and enhance fish, wildlife, and
associated habitats in the Central Valley and Trinity River basins
of California;
(b) to address impacts of the Central Valley Project on fish,
wildlife and associated habitats;
(c) to improve the operational flexibility of the Central
Valley Project;
(d) to increase water-related benefits provided by the Central
Valley Project to the State of California through expanded use of
voluntary water transfers and improved water conservation;
(e) to contribute to the State of California's interim and
long-term efforts to protect the San Francisco Bay/Sacramento-San
Joaquin Delta Estuary;
(f) to achieve a reasonable balance among competing demands for
use of Central Valley Project water, including the requirements of
fish and wildlife, agricultural, municipal and industrial and
power contractors.
SEC. 3403. DEFINITIONS.
As used in this title --
(a) the term "anadromous fish" means those stocks of salmon
(including steelhead), striped bass, sturgeon, and American shad
that ascend the Sacramento and San Joaquin rivers and their
tributaries and the Sacramento-San Joaquin Delta to reproduce
after maturing in San Francisco Bay or the Pacific Ocean;
(b) the terms "artificial propagation" and "artificial
production" mean spawning, incubating, hatching, and rearing fish
in a hatchery or other facility constructed for fish production;
(c) the term "Central Valley Habitat Joint Venture" means the
association of Federal and State agencies and private parties
established for the purpose of developing and implementing the
North American Waterfowl Management Plan as it pertains to the
Central Valley of California;
(d) the terms "Central Valley Project" or "project" mean all
Federal reclamation projects located within or diverting water
from or to the watershed of the Sacramento and San Joaquin rivers
and their tributaries as authorized by the Act of August 26, 1937
(50 Stat. 850) and all Acts amendatory or supplemental thereto,
including but not limited to the Act of October 17, 1940 (54 Stat.
1198, 1199), Act of December 22, 1944 (58 Stat. 887), Act of
October 14, 1949 (63 Stat. 852), Act of September 26, 1950 (64
Stat. 1036), Act of August 27, 1954 (68 Stat. 879), Act of August
12, 1955 (69 Stat. 719), Act of June 3, 1960 (74 Stat. 156), Act
of October 23, 1962 (76 Stat. 1173), Act of September 2, 1965 (79
Stat. 615), Act of August 19, 1967 (81 Stat. 167), Act of August
27, 1967 (81 Stat. 173), Act of October 23, 1970 (84 Stat. 1097),
Act of September 28, 1976 (90 Stat. 1324) and Act of October 27,
1986 (100 Stat. 3050);
(e) the term "Central Valley Project service area" means that
area of the Central Valley and San Francisco Bay Area where water
service has been expressly authorized pursuant to the various
feasibility studies and consequent congressional authorizations
for the Central Valley Project;
(f) the term "Central Valley Project water" means all water
that is developed, diverted, stored, or delivered by the Secretary
in accordance with the statutes authorizing the Central Valley
Project and in accordance with the terms and conditions of water
rights acquired pursuant to California law;
(g) the term "full cost" has the meaning given such term in
paragraph (3) of section 202 of the Reclamation Reform Act of
1982;
(h) the term "natural production" means fish produced to
adulthood without direct human intervention in the spawning,
rearing, or migration processes;
(i) the term "Reclamation laws" means the Act of June 17, 1902
(82 Stat. 388) and all Acts amendatory thereof or supplemental
thereto;
(j) the term "Refuge Water Supply Report" means the report
issued by the Mid-Pacific Region of the Bureau of Reclamation of
the U.S. Department of the Interior entitled Report on Refuge
Water Supply Investigations, Central Valley Hydrologic Basin,
California (March 1989);
(k) the terms "repayment contract" and "water service contract"
have the same meaning as provided in sections 9(d) and 9(e) of the
Reclamation Project Act of 1939 (53 Stat. 1187, 1195), as amended;
(l) the terms "Restoration Fund" and "Fund" mean the Central
Valley Project Restoration Fund established by this title; and,
(m) the term "Secretary" means the Secretary of the Interior.
SEC. 3404. LIMITATION ON CONTRACTING AND CONTRACT REFORM.
(a) NEW CONTRACTS. -- Except as provided in subsection (b) of this
section, the Secretary shall not enter into any new short-term,
temporary, or long-term contracts or agreements for water supply from
the Central Valley Project for any purpose other than fish and wildlife
before:
(1) the provisions of subsections 3406(b)-(d) of this title are
met;
(2) the California State Water Resources Control Board
concludes the review ordered by the California Court of Appeals in
United States v. State Water Resources Control Board, 182 Cal.
App. 3d 82 (1986) and determines the means of implementing its
decision, including the obligations of the Central Valley Project,
if any, and the Administrator of the Environmental Protection
Agency shall have approved such decision pursuant to existing
authorities; and,
(3) at least one hundred and twenty days shall have passed
after the Secretary provides a report to the Committee on Energy
and Natural Resources of the Senate and the Committee on Interior
and Insular Affairs and the Committee on Merchant Marine and
Fisheries of the House of Representatives explaining the
obligations, if any, of the Central Valley Project system,
including its component facilities and contracts, with regard to
achieving its responsibilities for the San Francisco
Bay/Sacramento-San Joaquin Delta Estuary as finally established
and approved by relevant State and Federal authorities, and the
impact of such obligations on Central Valley Project operations,
supplies, and commitments.
(b) EXCEPTIONS TO LIMIT ON NEW CONTRACTS. -- The prohibition on
execution of new contracts under subsection (a) of this section shall
not apply to contracts executed pursuant to section 305 of Public Law
102-250 or section 206 of Public Law 101-514 or to one-year contracts
for delivery of surplus flood flows or contracts not to exceed two years
in length for delivery of class II water in the Friant Unit.
Notwithstanding the prohibition in the Energy and Water Development
Appropriations Act of 1990, the Secretary is authorized, pursuant to
section 203 of the Flood Control Act of 1962, to enter into a long-term
contract in accordance with the Reclamation laws with the Tuolumne
Regional Water District, California, for the delivery of water from the
New Melones project to the county's water distribution system and a
contract with the Secretary of Veteran Affairs to provide for the
delivery in perpetuity of water from the project in quantities
sufficient, but not to exceed 850 acre-feet per year, to meet the needs
of the San Joaquin Valley National Cemetery, California.
(c) RENEWAL OF EXISTING LONG-TERM CONTRACTS. -- Notwithstanding the
provisions of the Act of July 2, 1956 (70 Stat. 483), the Secretary
shall, upon request, renew any existing long-term repayment or water
service contract for the delivery of water from the Central Valley
Project for a period of twenty-five years and may renew such contracts
for successive periods of up to 25 years each.
(1) No such renewals shall be authorized until appropriate
environmental review, including the preparation of the
environmental impact statement required in section 3409 of this
title, has been completed. Contracts which expire prior to the
completion of the environmental impact statement required by
section 3409 may be renewed for an interim period not to exceed
three years in length, and for successive interim periods of not
more than two years in length, until the environmental impact
statement required by section 3409 has been finally completed, at
which time such interim renewal contracts shall be eligible for
long-term renewal as provided above. Such interim renewal
contracts shall be modified to comply with existing law, including
provisions of this title. With respect to all contracts renewed
by the Secretary since January 1, 1988, the Secretary shall
incorporate in said contracts a provision requiring payment of the
charge mandated in subsection 3406(c) and subsection 3407(b) of
this title and all other modifications needed to comply with
existing law, including provisions of this title. This title
shall be deemed "applicable law" as that term is used in Article
14(c) of contracts renewed by the Secretary since January 1, 1988.
(2) Upon renewal of any long-term repayment or water service
contract providing for the delivery of water from the Central
Valley Project, the Secretary shall incorporate all requirements
imposed by existing law, including provisions of this title,
within such renewed contracts. The Secretary shall also
administer all existing, new, and renewed contracts in conformance
with the requirements and goals of this title.
(3) In order to encourage early renewal of project water
contracts and facilitate timely implementation of this title, the
Secretary shall impose on existing contractors an additional
mitigation and restoration payment of one and one-half times the
annual mitigation and restoration payment calculated under
subsection 3407(d) of this title for every year starting October
1, 1997 or January 1 of the year following the year in which the
environmental impact statement required under section 3409 is
completed, whichever is sooner, and ending on the effective date
of the renewed contract payable prior to the renewal of such
contract, to be covered to the Restoration Fund: Provided,
however, That this paragraph shall not apply to contracts renewed
after January 1, 1988, and prior to the date of enactment of this
title or, in the event the environmental impact statement required
by section 3409 is not completed by October 1, 1997, to any holder
of a contract in existence on the date of enactment of this title
who enters into a binding agreement with the Secretary prior to
October 1, 1997, to renew its contract immediately upon completion
of that environmental impact statement, if such contract has not
expired prior to such date.
SEC. 3405. WATER TRANSFERS, IMPROVED WATER MANAGEMENT AND
CONSERVATION.
(a) WATER TRANSFERS. -- In order to assist California urban areas,
agricultural water users, and others in meeting their future water
needs, subject to the conditions and requirements of this subsection,
all individuals or districts who receive Central Valley Project water
under water service or repayment contracts, water rights settlement
contracts or exchange contracts entered into prior to or after the date
of enactment of this title are authorized to transfer all or a portion
of the water subject to such contract to any other California water user
or water agency, State or Federal agency, Indian tribe, or private
nonprofit organization for project purposes or any purpose recognized as
beneficial under applicable State law. Except as provided herein, the
terms of such transfers shall be set by mutual agreement between the
transferee and the transferor.
(1) CONDITIONS FOR TRANSFERS. -- All transfers to Central
Valley Project water authorized by this subsection shall be
subject to review and approval by the Secretary under the
conditions specified in this subsection. Transfers involving more
than 20 percent of the Central Valley Project water subject to
long-term contract within any contracting district or agency shall
also be subject to review and approval by such district or agency
under the conditions specified in this subsection:
(A) No transfer to combination of transfers authorized by this
subsection shall exceed, in any year, the average annual quantity
of water under contract actually delivered to the contracting
district or agency during the last three years of normal water
delivery prior to the date of enactment of this title.
(B) All water under the contract which is transferred under
authority of this subsection to any district or agency which is
not a Central Valley Project contractor at the time of enactment
of this title shall, if used for irrigation purposes, be repaid at
the greater of the full-cost or cost of service rates, or, if the
water is used for municipal and industrial purposes, at the
greater of the cost of service or municipal and industrial rates.
(C) No transfers authorized by this subsection shall be
approved unless the transfer is between a willing buyer and a
willing seller under such terms and conditions as may be mutually
agreed upon.
(D) No transfer authorized by this subsection shall be approved
unless the transfer is consistent with State law, including but
not limited to provisions of the California Environmental Quality
Act.
(E) All transfers authorized by this subsection shall be deemed
a beneficial use of water by the transferor for the purposes of
section 8 of the Act of June 17, 1902, 32 Stat. 390, 43 U.S.C.
372.
(F) All transfers entered into pursuant to this subsection for
uses outside the Central Valley Project service area shall be
subject to a right of first refusal on the same terms and
conditions by entities within the Central Valley Project service
area. The right of first refusal must be exercised within ninety
days from the date that notice is provided of the proposed
transfer. Should an entity exercise the right of first refusal,
it must compensate the transferee who had negotiated the agreement
upon which the right of first refusal is being exercised for that
entity's total costs associated with the development and
negotiation of the transfer.
(G) No transfer authorized by this subsection shall be
considered by the Secretary as conferring supplemental or
additional benefits on Central Valley Project water contractors as
provided in section 203 of Public Law 97-293 (43 U.S.C. 390(cc)).
(H) The Secretary shall not approve a transfer authorized by
this subsection unless the Secretary has determined, consistent
with paragraph 3405(a)(2) of this title, that the transfer will
not violate the provisions of this title or other Federal law and
will have no significant adverse effect on the Secretary's ability
to deliver water pursuant to the Secretary's Central Valley
Project contractual obligations or fish and wildlife obligations
under this title because of limitations in conveyance or pumping
capacity.
(I) The water subject to any transfer undertaken pursuant to
this subsection shall be limited to water that would have been
consumptively used or irretrievably lost to beneficial use during
the year or years of the transfer.
(J) The Secretary shall not approve a transfer authorized by
this subsection unless the Secretary determines, consistent with
paragraph 3405(a)(2) of this title, that such transfer will have
no significant long-term adverse impact on groundwater conditions
in the transferor's service area.
(K) The Secretary shall not approve a transfer unless the
Secretary determines, consistent with paragraph 3405(a)(2) of this
title, that such transfer will have no unreasonable impact on the
water supply, operations, or financial conditions of the
transferor's contracting district or agency or its water users.
(L) The Secretary shall not approve a transfer if the Secretary
determines, consistent with paragraph 3405(a)(2) of this title,
that such transfer would result in a significant reduction in the
quantity or decrease in the quality of water supplies currently
used for fish and wildlife purposes, unless the Secretary
determines pursuant to findings setting forth the basis for such
determination that such adverse effects would be more than offset
by the benefits of the proposed transfer. In the event of such a
determination, the Secretary shall develop and implement
alternative measures and mitigation activities as integral and
concurrent elements of any such transfer to provide fish and
wildlife benefits substantially equivalent to those lost as a
consequence of such transfer.
(M) Transfers between Central Valley Project contractors within
countries, watersheds, or other areas of origin, as those terms
are utilized under California law, shall be deemed to meet the
conditions set forth in subparagraphs (A) and (I) of this
paragraph.
(2) REVIEW AND APPROVAL OF TRANSFERS. -- All transfers subject
to review and approval under this subsection shall be reviewed and
approved in a manner consistent with the following:
(A) Decisions on water transfers subject to review by a
contracting district or agency or by the Secretary shall be
rendered within ninety days of receiving a written transfer
proposal from the transferee or transferor. Such written proposal
should provide all information reasonably necessary to determine
whether the transfer complies with the terms and conditions of
this subsection.
(B) All transfers subject to review by a contracting district
or agency shall be reviewed in a public process similar to that
provided for in section 226 of Public Law 97-293.
(C) The contracting district or agency or the Secretary shall
approve all transfers subject to review and approval by such
entity if such transfers are consistent with the terms and
conditions of this subsection. To disapprove a transfer, the
contracting district or agency or the Secretary shall inform the
transferee and transferor, in writing, why the transfer does not
comply with the terms and conditions of this subsection and what
alternatives, if any, could be included so that the transfer would
reasonably comply with the requirements of this subsection.
(D) If the contracting district or agency or the Secretary
fails to approve or disapprove a proposed transfer within ninety
days of receiving a complete written proposal from the transferee
or transferor, then the transfer shall be deemed approved.
(3) Transfers executed after September 30, 1999 shall only be
governed by the provisions of subparagraphs 3405(a)(1)(A)-(C),
(E), (G), (H), (I), (L), and (M) of this title, and by State law.
(b) METERING OF WATER USE REQUIRED. -- All Central Valley Project
water service or repayment contracts for agricultural, municipal, or
industrial purposes that are entered into, renewed, or amended under any
provision of Federal Reclamation law after the date of enactment of this
title, shall provide that the contracting district or agency shall
ensure that all surface water delivery systems within its boundaries are
equipped with water measuring devices or water measuring methods of
comparable effectiveness acceptable to the Secretary within five years
of the date of contract execution, amendment, or renewal, and that any
new surface water delivery systems installed within its boundaries on or
after the date of contract renewal are so equipped. The contracting
district or agency shall inform the Secretary and the State of
California annually as to the monthly volume of surface water delivered
within its boundaries.
(c) STATE AND FEDERAL WATER QUALITY STANDARDS. -- All Central Valley
Project water service or repayment contracts for agricultural,
municipal, or industrial purposes that are entered into, renewed, or
amended under any provision of Federal Reclamation law after the date of
enactment of this title, shall provide that the contracting district or
agency shall be responsible for compliance with all applicable State and
Federal water quality standards applicable to surface and subsurface
agricultural drainage discharges generated within its boundaries. This
subsection shall not affect or alter any legal obligation of the
Secretary to provide drainage services.
(d) WATER PRICING REFORM. -- All Central Valley Project water
service or repayment contracts for a term longer than three years for
agricultural, municipal, or industrial purposes that are entered into,
renewed, or amended under any provision of Federal Reclamation law after
the date of enactment of this title shall provide that all project water
subject to contract shall be made available to districts, agencies, and
other contracting entities pursuant to a system of tiered water pricing.
Such a system shall specify rates for each district, agency or entity
based on an inverted block rate structure with the following provisions:
(1) the first rate tier shall apply to a quantity of water up
to 80 percent of the contract total and shall not be less than the
applicable contract rate;
(2) the second rate tier shall apply to that quantity of water
over 80 percent and under 90 percent of the contract total and
shall be at a level halfway between the rates established under
paragraphs (1) and (3) of this subsection;
(3) the third rate tier shall apply to that quantity of water
over 90 percent of the contract total and shall not be less than
the full cost rate; and
(4) the Secretary shall charge contractors only for water
actually delivered.
The Secretary shall waive application of this subsection as it relates
to any project water delivered to produce a crop which the Secretary
determines will provide significant and quantifiable habitat values for
waterfowl in fields where the water is used and the crops are produced:
Provided, That such waiver shall apply only if such habitat values can
be assured consistent with the purposes of this title through binding
agreements executed with or approved by the Secretary.
(e) WATER CONSERVATION STANDARDS. -- The Secretary shall establish
and administer an office of Central Valley Project water conservation
best management practices that shall, in consultation with the Secretary
of Agriculture, the California Department of Water Resources, California
academic institutions, and Central Valley Project water users, develop
criteria for evaluating the adequacy of all water conservation plans
developed by project contractors, including those plans required by
section 210 of the Reclamation Reform Act of 1982.
(1) Criteria developed pursuant to this subsection shall be
established within six months following enactment of this title
and shall be reviewed periodically thereafter, but no less than
every three years, with the purpose of promoting the highest level
of water use efficiency reasonably achievable by project
contractors using best available cost-effective technology and
best management practices. The criteria shall include, but not be
limited to agricultural water suppliers' efficient water
management practices developed pursuant to California State law or
reasonable alternatives.
(2) The Secretary, through the office established under this
subsection, shall review and evaluate within 18 months following
enactment of this title all existing conservation plans submitted
by project contractors to determine whether they meet the
conservation and efficiency criteria established pursuant to this
subsection.
(3) In developing the water conservation best management
practice criteria required by this subsection, the Secretary shall
take into account and grant substantial deference to the
recommendations for action specific to water conservation and
drainage source reduction proposed in the Final Report of the San
Joaquin Valley Drainage Program, entitled A Management Plan for
Agricultural Subsurface Drainage and Related Problems on the
Westside San Joaquin Valley (September 1990).
(f) INCREASED REVENUES. -- All revenues received by the Secretary as
a result of the increased repayment rates applicable to water
transferred from irrigation use to municipal and industrial use under
subsection 3405(a) of this section, and all increased revenues received
by the Secretary as a result of the increased water prices established
under subsection 3405(d) of this section, shall be covered to the
Restoration Fund.
SEC. 3406. FISH, WILDLIFE AND HABITAT RESTORATION.
(a) AMENDMENTS TO CENTRAL VALLEY PROJECT AUTHORIZATIONS. -- Act of
August 26, 1937. -- Section 2 of the Act of August 26, 1937 (chapter
832; 50 Stat. 850), as amended, is amended --
(1) in the second proviso of subsection (a), by inserting "and
mitigation, protection, and restoration of fish and wildlife"
after "Indian reservations,";
(2) in the last proviso of subsection (a), by striking
"domestic uses;" and inserting "domestic uses and fish and
wildlife mitigation, protection and restoration purposes;" and by
striking "power" and inserting "power and fish and wildlife
enhancement";
(3) by adding at the end the following: "The mitigation for
fish and wildlife losses incurred as a result of construction,
operation, or maintenance of the Central Valley Project shall be
based on the replacement of ecologically equivalent habitat and
shall take place in accordance with the provisions of this title
and concurrent with any future actions which adversely affect fish
and wildlife populations or their habitat but shall have no
priority over them."; and
(4) by adding at the end the following: "(e) Nothing in this
title shall affect the State's authority to condition water rights
permits for the Central Valley Project."
(b) FISH AND WILDLIFE RESTORATION ACTIVITIES. -- The Secretary,
immediately upon the enactment of this title, shall operate the Central
Valley Project to meet all obligations under State and Federal law,
including but not limited to the Federal Endangered Species Act, 16
U.S.C. 1531, et seq., and all decisions of the California State Water
Resources Control Board establishing conditions on applicable licenses
and permits for the project. The Secretary, in consultation with other
State and Federal agencies, Indian tribes, and affected interests, is
further authorized and directed to:
(1) develop within three years of enactment and implement a
program which makes all reasonable efforts to ensure that, by the
year 2002, natural production of anadromous fish in Central Valley
rivers and streams will be sustainable, on a long-term basis, at
levels not less than twice the average levels attained during the
period of 1967-1991; Provided, That this goal shall not apply to
the San Joaquin River between Friant Dam and the Mendota Pool, for
which a separate program is authorized under subsection 3406(c) of
this title; Provided further, That the programs and activities
authorized by this section shall, when fully implemented, be
deemed to meet the mitigation, protection, restoration, and
enhancement purposes established by subsection 3406(a) of this
title; And provided further, That in the course of developing and
implementing this program the Secretary shall make all reasonable
efforts consistent with the requirements of this section to
address other identified adverse environmental impacts of the
Central Valley Project not specifically enumerated in this
section.
(A) This program shall give first priority to measures which
protect and restore natural channel and riparian habitat values
through habitat restoration actions, modifications to Central
Valley Project operations, and implementation of the supporting
measures mandated by this subsection; shall be reviewed and
updated every five years; and shall describe how the Secretary
intends to operate the Central Valley Project to meet the fish,
wildlife, and habitat restoration goals and requirements set forth
in this title and other project purposes.
(B) As needed to achieve the goals of this program, the
Secretary is authorized and directed to modify Central Valley
Project operations to provide flows of suitable quality, quantity,
and timing to protect all life stages of anadromous fish, except
that such flows shall be provided from the quantity of water
dedicated to fish, wildlife, and habitat restoration purposes
under paragraph (2) of this subsection; from the water supplies
acquired pursuant to paragraph (3) of this subsection; and from
other sources which do not conflict with fulfillment of the
Secretary's remaining contractual obligations to provide Central
Valley Project water for other authorized purposes. Instream flow
needs for all Central Valley Project controlled streams and rivers
shall be determined by the Secretary based on recommendations of
the United States Fish and Wildlife Service after consultation
with the California Department of Fish and Game.
(C) The Secretary shall cooperate with the State of California
to ensure that, to the greatest degree practicable, the specific
quantities of yield dedicated to and managed for fish and wildlife
purposes under this title are credited against any additional
obligations of the Central Valley Project which may be imposed by
the State of California following enactment of this title,
including but not limited to increased flow and reduced export
obligations which may be imposed by the California State Water
Resources Control Board in implementing San Francisco
Bay/Sacramento-San Joaquin Delta Estuary standards pursuant to the
review ordered by the California Court of Appeals in United States
v. State Water Resources Control Board, 182 Cal.App.3d 82 (1986),
and that, to the greatest degree practicable, the programs and
plans required by this title are developed and implemented in a
way that avoids inconsistent or duplicative obligations from being
imposed upon Central Valley Project water and power contractors.
(D) Costs associated with this paragraph shall be reimbursable
pursuant to existing statutory and regulatory procedures.
(2) upon enactment of this title dedicate and manage annually
eight hundred thousand acre-feet of Central Valley Project yield
for the primary purpose of implementing the fish, wildlife, and
habitat restoration purposes and measures authorized by this
title; to assist the State of California in its efforts to
protect the waters of the San Francisco Bay/Sacramento-San Joaquin
Delta Estuary; and to help to meet such obligations as may be
legally imposed upon the Central Valley Project under State or
Federal law following the date of enactment of this title,
including but not limited to additional obligations under the
Federal Endangered Species Act. For the purpose of this section,
the term "Central Valley Project yield" means the delivery
capability of the Central Valley Project during the 1928-1934
drought period after fishery, water quality, and other flow and
operational requirements imposed by terms and conditions existing
in licenses, permits, and other agreements pertaining to the
Central Valley Project under applicable State or Federal law
existing at the time of enactment of this title have been met.
(A) Such quantity of water shall be in addition to the
quantities needed to implement paragraph 3406(d)(1) of this title
and in addition to all water allocated pursuant to paragraph (23)
of this subsection for release to the Trinity River for the
purposes of fishery restoration, propagation, and maintenance;
and shall be supplemented by all water that comes under the
Secretary's control pursuant to subsections 3406(b)(3),
3408(h)-(i), and through other measures consistent with
subparagraph 3406(b)(1)(B) of this title.
(B) Such quantity of water shall be managed pursuant to
conditions specified by the United States Fish and Wildlife
Service after consultation with the Bureau of Reclamation and the
California Department of Water Resources and in cooperation with
the California Department of Fish and Game.
(C) The Secretary may temporarily reduce deliveries of the
quantity of water dedicated under this paragraph up to 25 percent
of such total whenever reductions due to hydrologic circumstances
are imposed upon agricultural deliveries of Central Valley Project
water; Provided, That such reductions shall not exceed in
percentage terms the reductions imposed on agricultural service
contractors; Provided further, That nothing in this subsection or
subsection 3406(e) shall require the Secretary to operate the
project in a way that jeopardizes human health or safety.
(D) If the quantity of water dedicated under this paragraph, or
any portion thereof, is not needed for the purposes of this
section, based on a finding by the Secretary, the Secretary is
authorized to make such water available for other project
purposes.
(3) develop and implement a program in coordination and in
conformance with the plan required under paragraph (1) of this
subsection for the acquisition of a water supply to supplement the
quantity of water dedicated to fish and wildlife purposes under
paragraph (2) of this subsection and to fulfill the Secretary's
obligations under paragraph 3406(d)(2) of this title. The program
should identify how the Secretary intends to utilize, in
particular the following options: improvements in or
modifications of the operations of the project; water banking;
conservation; transfers; conjunctive use; and temporary and
permanent land fallowing, including purchase, lease, and option of
water, water rights, and associated agricultural land.
(4) develop and implement a program to mitigate for fishery
impacts associated with operations of the Tracy Pumping Plant.
Such program shall include, but is not limited to improvement or
replacement of the fish screens and fish recovery facilities and
practices associated with the Tracy Pumping Plant. Costs
associated with this paragraph shall be reimbursed in accordance
with the following formula: 37.5 percent shall be reimbursed as
main project features, 37.5 percent shall be considered a
nonreimbursable Federal expenditure, and 25 percent shall be paid
by the State of California. The reimbursable share of funding for
this and other facility repairs, improvements, and construction
shall be allocated among project water and power users in
accordance with existing project cost allocation procedures.
(5) develop and implement a program to mitigate for fishery
impacts resulting from operations of the Contra Costa Canal
Pumping Plant No. 1. Such program shall provide for construction
and operation of fish screening and recovery facilities, and for
modified practices and operations. Costs associated with this
paragraph shall be reimbursed in accordance with the following
formula: 37.5 percent shall be reimbursed as main project
features, 37.5 percent shall be considered a nonreimbursable
Federal expenditure, and 25 percent shall be paid by the State of
California.
(6) install and operate a structural temperature control device
at Shasta Dam and develop and implement modifications in CVP
operations as needed to assist in the Secretary's efforts to
control water temperatures in the upper Sacramento River in order
to protect anadromous fish in the upper Sacramento River. Costs
associated with planning and construction of the structural
temperature control device shall be reimbursed in accordance with
the following formula: 37.5 percent shall be reimbursed as main
project features, 37.5 percent shall be considered a
nonreimbursable Federal expenditure, and 25 percent shall be paid
by the State of California.
(7) meet flow standards and objectives and diversion limits set
forth in all laws and judicial decisions that apply to Central
Valley Project facilities, including, but not limited to,
provisions of this title and all obligations of the United States
under the "Agreement Between the United States and the Department
of Water Resources of the State of California for Coordinated
Operation of the Central Valley Project and the State Water
Project" dated May 20, 1985, as well as Public Law 99-546.
(8) make use of short pulses of increased water flows to
increase the survival of migrating anadromous fish moving into and
through the Sacramento-San Joaquin Delta and Central Valley rivers
and streams.
(9) develop and implement a program to eliminate, to the extent
possible, losses of anadromous fish due to flow fluctuations
caused by the operation of any Central Valley Project storage or
re-regulating facility. The program shall be patterned where
appropriate after the agreement between the California Department
of Water Resources and the California Department of Fish and Game
with respect to the operation of the California State Water
Project Oroville Dam complex.
(10) develop and implement measures to minimize fish passage
problems for adult and juvenile anadromous fish at the Red Bluff
Diversion Dam in a manner that provides for the use of associated
Central Valley Project conveyance facilities for delivery of water
to the Sacramento Valley National Wildlife Refuge complex in
accordance with the requirements of subsection (d) of this
section. Costs associated with implementation of this paragraph
shall be reimbursed in accordance with the following formula:
37.5 percent shall be reimbursed as main project features, 37.5
percent shall be considered a nonreimbursable Federal expenditure,
and 25 percent shall be paid by the State of California.
(11) rehabilitate and expand the Coleman National Fish Hatchery
by implementing the United States Fish and Wildlife Service's
Coleman National Fish Hatchery Development Plan, and modify the
Keswick Dam Fish Trap to provide for its efficient operation at
all project flow release levels and modify the basin below the
Keswick Dam spillway to prevent the trapping of fish. Costs
associated with implementation of this paragraph shall be
reimbursed in accordance with the following formula: 50 percent
shall be reimbursed as main project features and 50 percent shall
be considered a nonreimbursable Federal expenditure.
(12) develop and implement a comprehensive program to provide
flows to allow sufficient spawning, incubation, rearing, and
outmigration for salmon and steelhead from Whiskeytown Dam as
determined by instream flow studies conducted by the California
Department of Fish and Game after Clear Creek has been restored
and a new fish ladder has been constructed at the
McCormick-Saeltzer Dam. Costs associated with channel
restoration, passage improvements, and fish ladder construction
required by this paragraph shall be allocated 50 percent to the
United States as a nonreimbursable expenditure and 50 percent to
the State of California. Costs associated with providing the
flows required by this paragraph shall be allocated among project
purposes.
(13) develop and implement a continuing program for the purpose
of restoring and replenishing, as needed, spawning gravel lost due
to the construction and operation of Central Valley Project dams,
bank protection projects, and other actions that have reduced the
availability of spawning gravel and rearing habitat in the Upper
Sacramento River from Keswick Dam to Red Bluff Diversion Dam, and
in the American and Stanislaus Rivers downstream from the Nimbus
and Goodwin Dams, respectively. The program shall include
preventive measures, such as re-establishment of meander belts and
limitations on future bank protection activities, in order to
avoid further losses of instream and riparian habitat. Costs
associated with implementation of this paragraph shall be
reimbursed in accordance with the following formula: 37.5 percent
shall be reimbursed as main project features, 37.5 percent shall
be considered a nonreimbursable Federal expenditure, and 25
percent shall be paid by the State of California.
(14) develop and implement a program which provides for
modified operations and new or improved control structures at the
Delta Cross Channel and Georgiana Slough during times when
significant numbers of striped bass eggs, larvae, and juveniles
approach the Sacramento River intake to the Delta Cross Channel or
Georgiana Slough. Costs associated with implementation of this
paragraph shall be reimbursed in accordance with the following
formula: 37.5 percent shall be reimbursed as main project
features, 37.5 percent shall be considered a nonreimbursable
Federal expenditure, and 25 percent shall be paid by the State of
California.
(15) construct, in cooperation with the State of California and
in consultation with local interests, a barrier at the head of Old
River in the Sacramento-San Joaquin Delta to be operated on a
seasonal basis to increase the survival of young outmigrating
salmon that are diverted from the San Joaquin River to Central
Valley Project and State Water Project pumping plants and in a
manner that does not significantly impair the ability of local
entities to divert water. The costs associated with
implementation of this paragraph shall be reimbursed in accordance
with the following formula: 37.5 percent shall be reimbursed as
main project features, 37.5 percent shall be considered a
nonreimbursable Federal expenditure, and 25 percent shall be paid
by the State of California.
(16) establish, in cooperation with independent entities and
the State of California, a comprehensive assessment program to
monitor fish and wildlife resources in the Central Valley to
assess the biological results and effectiveness of actions
implemented pursuant to this subsection. 37.5 percent of the
costs associated with implementation of this paragraph shall be
reimbursed as main project features, 37.5 percent shall be
considered a nonreimbursable Federal expenditure, and 25 percent
shall be paid by the State of California.
(17) develop and implement a program to resolve fishery passage
problems at the Anderson-Cottonwood Irrigation District Diversion
Dam as well as upstream stranding problems related to
Anderson-Cottonwood Irrigation District Diversion Dam operations.
Costs associated with implementation of this paragraph shall be
allocated 50 percent to the United States as a nonreimbursable
expenditure and 50 percent to the State of California.
(18) if requested by the State of California, assist in
developing and implementing management measures to restore the
striped bass fishery of the Bay-Delta estuary. Such measures
shall be coordinated with efforts to protect and restore native
fisheries. Costs associated with implementation of this paragraph
shall be allocated 50 percent to the United States and 50 percent
to the State of California. The United States' share of costs
associated with implementation of this paragraph shall be
nonreimbursable.
(19) reevaluate existing operational criteria in order to
maintain minimum carryover storage at Sacramento and Trinity River
reservoirs to protect and restore the anadromous fish of the
Sacramento and Trinity Rivers in accordance with the mandates and
requirements of this subsection and subject to the Secretary's
responsibility to fulfill all project purposes, including
agricultural water delivery.
(20) participate with the State of California and other Federal
agencies in the implementation of the on-going program to mitigate
fully for the fishery impacts associated with operations of the
Glenn-Colusa Irrigation District's Hamilton City Pumping Plant.
Such participation shall include replacement of the defective fish
screens and fish recovery facilities associated with the Hamilton
City Pumping Plant. This authorization shall not be deemed to
supersede or alter existing authorizations for the participation
of other Federal agencies in the mitigation program. Seventy-five
percent shall be considered a nonreimbursable Federal expenditure,
and 25 percent shall be paid by the State of California.
(21) assist the State of California in efforts to develop and
implement measures to avoid losses of juvenile anadromous fish
resulting from unscreened or inadequately screened diversions on
the Sacramento and San Joaquin rivers, their tributaries, the
Sacramento-San Joaquin Delta, and the Suisun Marsh. Such measures
shall include but shall not be limited to construction of screens
on unscreened diversions, rehabilitation of existing screens,
replacement of existing non-functioning screens, and relocation of
diversions to less fishery-sensitive areas. The Secretary's share
of costs associated with activities authorized under this
paragraph shall not exceed 50 percent of the total cost of any
such activity.
(22) provide such incentives as the Secretary determines to be
appropriate or necessary, consistent with the goals and objectives
of this title, to encourage farmers to participate in a program,
which the Secretary shall develop, under which such farmers will
keep fields flooded during appropriate time periods for the
purposes of waterfowl habitat creation and maintenance and for
Central Valley Project yield enhancement; Provided, That such
incentives shall not exceed $2,000,000 annually, either directly
or through credits against other contractual payment obligations,
including the pricing waivers authorized under subsection 3405(d)
of this title; Provided further, That the holder of the water
contract shall pass such incentives through to farmers
participating in the program, less reasonable contractor costs, if
any; And provided further, That such water may be transferred
subject to section 3405(a) of this title only if the farmer waives
all rights to such incentives. This provision shall terminate by
the year 2002.
(23) in order to meet Federal trust responsibilities to protect
the fishery resources of the Hoopa Valley Tribe, and to meet the
fishery restoration goals of the Act of October 24, 1984, Public
Law 98-541, provide through the Trinity River Division, for water
years 1992 through 1996, an instream release of water to the
Trinity River of not less than three hundred and forty thousand
acre-feet per year for the purposes of fishery restoration,
propagation, and maintenance and,
(A) by September 30, 1996, the Secretary, after consultation
with the Hoopa Valley Tribe, shall complete the Trinity River Flow
Evaluation Study currently being conducted by the United States
Fish and Wildlife Service under the mandate of the Secretarial
Decision of January 14, 1981, in a manner which insures the
development of recommendations, based on the best available
scientific data, regarding permanent instream fishery flow
requirements and Trinity River Division operating criteria and
procedures for the restoration and maintenance of the Trinity
River fishery; and
(B) not later than December 31, 1996, the Secretary shall
forward the recommendations of the Trinity River Flow Evaluation
Study, referred to in subparagraph (A) of this paragraph, to the
Committee on Energy and Natural Resources and the Select Committee
on Indian Affairs of the Senate and the Committee on Interior and
Insular Affairs and the Committee on Merchant Marine and Fisheries
of the House of Representatives. If the Secretary and the Hoopa
Valley Tribe concur in these recommendations, any increase to the
minimum Trinity River instream fishery releases established under
this paragraph and the operating criteria and procedures referred
to in subparagraph (A) shall be implemented accordingly. If the
Hoopa Valley Tribe and the Secretary do not concur, the minimum
Trinity River instream fishery releases established under this
paragraph shall remain in effect unless increased by an Act of
Congress, appropriate judicial decree, or agreement between the
Secretary and the Hoopa Valley Tribe. Costs associated with
implementation of this paragraph shall be reimbursable as
operation and maintenance expenditures pursuant to existing law.
If the Secretary and the State of California determine that long-term
natural fishery productivity in all Central Valley Project controlled
rivers and streams resulting from implementation of this section exceeds
that which existed in the absence of Central Valley Project facilities,
the costs of implementing those measures which are determined to provide
such enhancement shall become credits to offset reimbursable costs
associated with implementation of this subsection.
(c) SAN JOAQUIN AND STANISLAUS RIVERS. -- The Secretary shall, by
not later than September 30, 1996:
(1) develop a comprehensive plan, which is reasonable, prudent,
and feasible, to address fish, wildlife, and habitat concerns on
the San Joaquin River, including but not limited to the
streamflow, channel, riparian habitat, and water quality
improvements that would be needed to reestablish where necessary
and to sustain naturally reproducing anadromous fisheries from
Friant Dam to its confluence with the San Francisco
Bay/Sacramento-San Joaquin Delta Estuary. Such plan shall be
developed in cooperation with the California Department of Fish
and Game and in coordination with the San Joaquin River Management
Program under development by the State of California; shall
comply with and contain any documents required by the National
Environmental Policy Act and contain findings setting forth the
basis for the Secretary's decision to adopt and implement the plan
as well as recommendations concerning the need for subsequent
Congressional action, if any; and shall incorporate, among other
relevant factors, the potential contributions of tributary streams
as well as the alternatives to be investigated under paragraph (2)
of this subsection. During the time that the Secretary is
developing the plan provided for in this subsection, and until
such time as Congress has authorized the Secretary to implement
such plan, with or without modifications, the Secretary shall not,
as a measure to implement this title, make releases for the
restoration of flows between Gravelly Ford and the Mendota Pool
and shall not thereafter make such releases as a measure to
implement this title without a specific Act of Congress
authorizing such releases. In lieu of such requirement, and until
such time as flows of sufficient quantity, quality and timing are
provided at and below Gravelly Ford to meet the anadromous fishery
needs identified pursuant to such plan, if any, entities who
receive water from the Friant Division of the Central Valley
Project shall be assessed, in addition to all other applicable
charges, a $4 per acre-foot surcharge for all Project water
delivered on or before September 30, 1997; a $5 per acre-foot
surcharge for all Project water delivered after September 30, 1997
but on or before September 30, 1999; and a $7 per acre-foot
surcharge for all Project water delivered thereafter, to be
covered into the Restoration Fund.
(2) in the course of preparing the Stanislaus River Basin and
Calaveras River Water Use Program Environmental Impact Statement
and in consultation with the State of California, affected
counties, and other interests, evaluate and determine existing and
anticipated future basin needs in the Stanislaus River Basin. In
the course of such evaluation, the Secretary shall investigate
alternative storage, release, and delivery regimes, including but
not limited to conjunctive use operations, conservation
strategies, exchange arrangements, and the use of base and channel
maintenance flows, in order to best satisfy both basin and
out-of-basin needs consistent, on a continuing basis, with the
limitations and priorities established in the Act of October 23,
1962 (76 Stat. 173). For the purposes of this subparagraph,
"basin needs" shall include water supply for agricultural,
municipal and industrial uses, and maintenance and enhancement of
water quality, and fish and wildlife resources within the
Stanislaus River Basin as established by the Secretary's June 29,
1981 Record of Decision; and "out-of-basin" needs shall include
all such needs outside of the Stanislaus River Basin, including
those of the San Francisco Bay/Sacramento-San Joaquin Delta
Estuary and those of the San Joaquin River under paragraph (1) of
this subsection.
(d) CENTRAL VALLEY REFUGES AND WILDLIFE HABITAT AREAS. -- In support
of the objectives of the Central Valley Habitat Joint Venture and in
furtherance of the purposes of this title, the Secretary shall provide,
either directly or through contractual agreements with other appropriate
parties, firm water supplies of suitable quality to maintain and improve
wetland habitat areas on units of the National Wildlife Refuge System in
the Central Valley of California; on the Gray Lodge, Los Banos, Volta,
North Grasslands, and Mendota state wildlife management areas; and on
the Grasslands Resources Conservation District in the Central Valley of
California.
(1) Upon enactment of this title, the quantity and delivery
schedules of water measured at the boundaries of each wetland
habitat area described in this paragraph shall be in accordance
with level 2 of the "Dependable Water Supply Needs" table for
those habitat areas as set forth in the Refuge Water Supply Report
and two-thirds of the water supply needed for full habitat
development for those habitat areas identified in the San Joaquin
Basin Action Plan/Kesterson Mitigation Action Plan Report prepared
by the Bureau of Reclamation. Such water shall be provided
through long-term contractual agreements with appropriate parties
and shall be supplemented by the increment of water provided for
in paragraph (1) of this subsection; Provided, That the Secretary
shall be obligated to provide such water whether or not such
long-term contractual agreements are in effect. In implementing
this paragraph, the Secretary shall endeavor to diversify sources
of supply in order to minimize possible adverse effects upon
Central Valley Project contractors.
(2) Not later than ten years after enactment of this title, the
quantity and delivery schedules of water measured at the
boundaries of each wetland habitat area described in this
paragraph shall be in accordance with level 4 of the "Dependable
Water Supply Needs" table for those habitat areas as set forth in
the Refuge Water Supply Report and the full water supply needed
for full habitat development for those habitat areas identified in
the San Joaquin Basin Action Plan/Kesterson Mitigation Action Plan
Report prepared by the Bureau of Reclamation. The quantities of
water required to supplement the quantities provided under
paragraph (1) of this subsection shall be acquired by the
Secretary in cooperation with the State of California and in
consultation with the Central Valley Habitat Joint Venture and
other interests in cumulating increments of not less than ten
percent per annum through voluntary measures which include water
conservation, conjunctive use, purchase, lease, donations, or
similar activities, or a combination of such activities which do
not require involuntary reallocations of project yield.
(3) All costs associated with implementation of paragraph (1)
of this subsection shall be reimbursable pursuant to existing law.
Incremental costs associated with implementation of paragraph (2)
of this subsection shall be fully allocated in accordance with the
following formula: 75 percent shall be deemed a nonreimbursable
Federal expenditure; and 25 percent shall be allocated to the
State of California for recovery through direct reimbursements or
through equivalent in-kind contributions.
(4) The Secretary may temporarily reduce deliveries of the
quantity of water dedicated under paragraph (1) of this subsection
up to 25 percent of such total whenever reductions due to
hydrologic circumstances are imposed upon agricultural deliveries
of Central Valley Project water; Provided, That such reductions
shall not exceed in percentage terms the reductions imposed on
agricultural service contractors. For the purpose of shortage
allocation, the priority or priorities applicable to the increment
of water provided under paragraph (2) of this subsection shall be
the priority or priorities which applied to the water in question
prior to its transfer to the purpose of providing such increment.
(5) The Secretary is authorized and directed to construct or to
acquire from non-Federal entities such water conveyance
facilities, conveyance capacity, and wells as are necessary to
implement the requirements of this subsection; Provided, That
such authorization shall not extend to conveyance facilities in or
around the Sacramento-San Joaquin Delta Estuary. Associated
construction or acquisition costs shall be reimbursable pursuant
to existing law in accordance with the cost allocations set forth
in paragraph (3) of this subsection.
(6) The Secretary, in consultation with the State of
California, the Central Valley Habitat Joint Venture, and other
interests, shall investigate and report on the following
supplemental actions by not later than September 30, 1997:
(A) alternative means of improving the reliability and quality
of water supplies currently available to privately owned wetlands
in the Central Valley and the need, if any, for additional
supplies; and
(B) water supply and delivery requirements necessary to permit
full habitat development for water dependent wildlife on one
hundred and twenty thousand acres supplemental to the existing
wetland habitat acreage identified in Table 8 of the Central
Valley Habitat Joint Venture's "Implementation Plan" dated April
19, 1990, as well as feasible means of meeting associated water
supply requirements.
(e) SUPPORTING INVESTIGATIONS. -- Not later than five years after
the date of enactment of this title, the Secretary shall investigate and
provide recommendations to the Committee on Energy and Natural Resources
of the Senate and the Committees on Interior and Insular Affairs and
Merchant Marine and Fisheries of the House on the feasibility, cost, and
desirability of developing and implementing each of the following,
including, but not limited to, the impact on the project, its users, and
the State of California:
(1) measures to maintain suitable temperatures for anadromous
fish survival in the Sacramento and San Joaquin rivers and their
tributaries, and the Sacramento-San Joaquin Delta by controlling
or relocating the discharge of irrigation return flows and sewage
effluent, and by restoring riparian forests;
(2) opportunities for additional hatchery production to
mitigate the impacts of water development and operations on, or
enhance efforts to increase Central Valley fisheries; Provided,
That additional hatchery production shall only be used to
supplement or to re-establish natural production while avoiding
adverse effects on remaining wild stocks;
(3) measures to eliminate barriers to upstream and downstream
migration of salmonids in the Central Valley, including but not
limited to screening programs, barrier removal programs and
programs for the construction or rehabilitation of fish ladders on
tributary streams;
(4) installation and operation of temperature control devices
at Trinity Dam and Reservoir to assist in the Secretary's efforts
to conserve cold water for fishery protection purposes;
(5) measures to provide for modified operations and new or
improved control structures at the Delta Cross Channel and
Georgiana Slough to assist in the successful migration of
anadromous fish; and
(6) other measures which the Secretary determines would
protect, restore, and enhance natural production of salmon and
steelhead trout in tributary streams of the Sacramento and San
Joaquin Rivers, including but not limited to the Merced,
Mokulumne, and Calaveras Rivers and Battle, Butte, Deer, Elder,
Mill, and Thomes Creeks.
(f) REPORT ON PROJECT FISHERY IMPACTS. -- The Secretary, in
consultation with the Secretary of Commerce, the State of California,
appropriate Indian tribes, and other appropriate public and private
entities, shall investigate and report on all effects of the Central
Valley Project on anadromous fish populations and the fisheries,
communities, tribes, businesses and other interests and entities that
have now or in the past had significant economic, social or cultural
association with those fishery resources. The Secretary shall provide
such report to the Committee on Energy and Natural Resources of the
Senate and the Committees on Interior and Insular Affairs and Merchant
Marine and Fisheries of the House of Representatives not later than two
years after the date of enactment of this title.
(g) ECOSYSTEM AND WATER SYSTEM OPERATIONS MODELS. -- The Secretary,
in cooperation with the State of California and other relevant interests
and experts, shall develop readily usable and broadly available models
and supporting data to evaluate the ecologic and hydrologic effects of
existing and alternative operations of public and private water
facilities and systems in the Sacramento, San Joaquin, and Trinity River
watersheds. The primary purpose of this effort shall be to support the
Secretary's efforts in fulfilling the requirements of this title through
improved scientific understanding concerning, but not limited to, the
following:
(1) a comprehensive water budget of surface and groundwater
supplies, considering all sources of inflow and outflow available
over extended periods;
(2) related water quality conditions and improvement
alternatives, including improved temperature prediction
capabilities as they relate to storage and flows;
(3) surface-ground and stream-wetland interactions;
(4) measures needed to restore anadromous fisheries to optimum
and sustainable levels in accordance with the restored carrying
capacities of Central Valley rivers, streams, and riparian
habitats;
(5) development and use of base flows and channel maintenance
flows to protect and restore natural channel and riparian habitat
values;
(6) implementation of operational regimes at State and Federal
facilities to increase springtime flow releases, retain additional
floodwaters, and assist in restoring both upriver and downriver
riparian habitats;
(7) measures designed to reach sustainable harvest levels of
resident and anadromous fish, including development and use of
systems of tradeable harvest rights;
(8) opportunities to protect and restore wetland and upland
habitats throughout the Central Valley; and
(9) measures to enhance the firm yield of existing Central
Valley Project facilities, including improved management and
operations, conjunctive use opportunities, development of
offstream storage, levee setbacks, and riparian restoration.
All studies and investigations shall take into account and be fully
consistent with the fish, wildlife, and habitat protection and
restoration measures required by this title or by any other State or
Federal law. Seventy-five percent of the costs associated with
implementation of this subsection shall be borne by the United States as
a nonreimbursable cost; the remaining 25 percent shall be borne by the
State of California.
(h) The Secretary shall enter into a binding cost-share agreement
with the State of California with respect to the timely reimbursement of
costs allocated to the State in this title. Such agreement shall
provide for consideration of the value of direct reimbursements,
specific contributions to the Restoration Fund, and water, conveyance
capacity, or other contributions in-kind that would supplement existing
programs and that would, as determined by the Secretary, materially
contribute to attainment of the goals and objectives of this title.
SEC. 3407. RESTORATION FUND.
(a) RESTORATION FUND ESTABLISHED. -- There is hereby established in
the Treasury of the United States the "Central Valley Project
Restoration Fund" (hereafter "Restoration Fund") which shall be
available for deposit of donations from any source and revenues provided
under sections 3404(c)(3), 3405(f), 3406(c)(1), and 3407(d) of this
title. Amounts deposited shall be credited as offsetting collections.
Not less than 67 percent of all funds made available to the Restoration
Fund under this title are authorized to be appropriated to the Secretary
to carry out the habitat restoration, improvement and acquisition (from
willing sellers) provisions of this title. Not more than 33 percent of
all funds made available to the Restoration Fund under this title are
authorized to be appropriated to the Secretary to carry out the
provisions of paragraphs 3406(b)(4)-(6), (10)-(18), and (20)-(22) of
this title. Monies donated to the Restoration Fund by non-Federal
entities for specific purposes shall be expended for those purposes only
and shall not be subject to appropriation.
(b) AUTHORIZATION OF APPROPRIATIONS. -- Such sums as are necessary,
up to $50,000,000 per year (October 1992 price levels), are authorized
to be appropriated to the Secretary to be derived from the Restoration
Fund to carry out programs, projects, plans, and habitat restoration,
improvement, and acquisition provisions of this title. Any funds paid
into the Restoration Fund by Central Valley Project water and power
contractors and which are also used to pay for the projects and
facilities set forth in section 3406(b), shall act as an offset against
any water and power contractor cost share obligations that are otherwise
provided for in this title.
(c) MITIGATION AND RESTORATION PAYMENTS BY WATER AND POWER
BENEFICIARIES. --
(1) To the extent required in appropriation Acts, the Secretary
shall assess and collect additional annual mitigation and
restoration payments, in addition to the charges provided for or
collected under sections 3404(c)(3), 3405(a)(1)(C), 3405(f), and
3406(c)(1) of this title, consisting of charges to direct
beneficiaries of the Central Valley Project under subsection (d)
of this section in order to recover a portion or all of the costs
of fish, wildlife, and habitat restoration programs and projects
under this title.
(2) The payment described in this subsection shall be
established at amounts that will result in collection, during each
fiscal year, of an amount that can be reasonably expected to equal
the amount appropriated each year, subject to subsection (d) of
this section, and in combination with all other receipts
identified under this title, to carry out the purposes identified
in subsection (b) of this section; Provided, That, if the total
amount appropriated under subsection (b) of this section for the
fiscal years following enactment of this title does not equal
$50,000,000 per year (October 1992 price levels) on an average
annual basis, the Secretary shall impose such charges in fiscal
year 1998 and in each fiscal year thereafter, subject to the
limitations in subsection (d) of this section, as may be required
to yield in fiscal year 1998 and in each fiscal year thereafter
total collections equal to $50,000,000 per year (October 1992
price levels) on a three-year rolling average basis for each
fiscal year that follows enactment of this title.
(d) ADJUSTMENT AND ASSESSMENT OF MITIGATION AND RESTORATION PAYMENTS.
--
(1) In assessing the annual payments to carry out subsection
(c) of this section, the Secretary shall, prior to each fiscal
year, estimate the amount that could be collected in each fiscal
year pursuant to subparagraphs 2(A) and (B) of this subsection.
The Secretary shall decrease all such payments on a proportionate
basis from amounts contained in the estimate so that an aggregate
amount is collected pursuant to the requirements of paragraph
(c)(2) of this section.
(2) The Secretary shall assess and collect the following
mitigation and restoration payments, to be covered to the
Restoration Fund, subject to the requirements of paragraph (1) of
this subsection:
(A) The Secretary shall require Central Valley Project water
and power contractors to make such additional annual payments as
are necessary to yield, together with all other receipts, the
amount required under paragraph (c)(2) of this subsection;
Provided, That such additional payments shall not exceed
$30,000,000 (October 1992 price levels) on a three-year rolling
average basis; Provided further, That such additional annual
payments shall be allocated so as not to exceed $6 per acre-foot
(October 1992 price levels) for agricultural water sold and
delivered by the Central Valley Project, and $12 per acre-foot
(October 1992 price levels) for municipal and industrial water
sold and delivered by the Central Valley Project; Provided
further, That the charge imposed on agricultural water shall be
reduced, if necessary, to an amount within the probable ability of
the water users to pay as determined and adjusted by the Secretary
no less than every five years, taking into account the benefits
resulting from implementation of this title; Provided further,
That the Secretary shall impose an additional annual charge of $25
per acre-foot (October 1992 price levels) for Central Valley
Project water sold or transferred to any State or local agency or
other entity which has not previously been a Central Valley
Project customer and which contracts with the Secretary or any
other individual or district receiving Central Valley Project
water to purchase or otherwise transfer any such water for its own
use for municipal and industrial purposes, to be deposited in the
Restoration Fund; And Provided further, That upon the completion
of the fish, wildlife, and habitat mitigation and restoration
actions mandated under section 3406 of this title, the Secretary
shall reduce the sums described in paragraph (c)(2) of this
section to $35,000,000 per year (October 1992 price levels) and
shall reduce the annual mitigation and restoration payment ceiling
established under this subsection to $15,000,000 (October 1992
price levels) on a three-year rolling average basis. The amount
of the mitigation and restoration payment made by Central Valley
Project water and power users, taking into account all funds
collected under this title, shall, to the greatest degree
practicable, be assessed in the same proportion, measured over a
ten-year rolling average, as water and power users' respective
allocations for repayment of the Central Valley Project.
(e) FUNDING TO NON-FEDERAL ENTITIES. -- If the Secretary determines
that the State of California or an agency or subdivision thereof, an
Indian tribe, or a nonprofit entity concerned with restoration,
protection, or enhancement of fish, wildlife, habitat, or environmental
values is able to assist in implementing any action authorized by this
title in an efficient, timely, and cost effective manner, the Secretary
is authorized to provide funding to such entity on such terms and
conditions as he deems necessary to assist in implementing the
identified action.
(f) RESTORATION FUND FINANCIAL REPORTS. -- The Secretary shall, not
later than the first full fiscal year after enactment of this title, and
annually thereafter, submit a detailed report to the Committee on Energy
and Natural Resources and the Committee on Appropriations of the Senate,
and the Committee on Interior and Insular Affairs, the Committee on
Merchant Marine and Fisheries, and the Committee on Appropriations of
the House of Representatives. Such report shall describe all receipts
to and uses made of monies within the Restoration Fund and the
Restoration Account during the prior fiscal year and shall include the
Secretary's projection with respect to receipts to and uses to be made
of the finds during the next upcoming fiscal year.
SEC. 3408. ADDITIONAL AUTHORITIES.
(a) REGULATIONS AND AGREEMENTS AUTHORIZED. -- The Secretary is
authorized and directed to promulgate such regulations and enter into
such agreements as may be necessary to implement the intent, purposes
and provisions of this title.
(b) USE OF ELECTRICAL ENERGY. -- Electrical energy used to operate
and maintain facilities developed for fish and wildlife purposes
pursuant to this title, including that used for groundwater development,
shall be deemed as Central Valley Project power and shall, if
reimbursable, be repaid in accordance with Reclamation law at a price
not higher than the lowest price paid by or charged to other Central
Valley Project contractors.
(c) CONTRACTS FOR ADDITIONAL STORAGE AND DELIVERY OF WATER. -- The
Secretary is authorized to enter into contracts pursuant to Reclamation
law and this title with any Federal agency, California water user or
water agency, State agency, or private nonprofit organization for the
exchange, impoundment, storage, carriage, and delivery of Central Valley
Project and non-project water for domestic, municipal, industrial, fish
and wildlife, and any other beneficial purpose, except that nothing in
this subsection shall be deemed to supersede the provisions of section
103 of Public Law 99-546 (100 Stat. 3051).
(d) USE OF PROJECT FACILITIES FOR WATER BANKING. -- The Secretary,
in consultation with the State of California, is authorized to enter
into agreements to allow project contracting entities to use project
facilities, where such facilities are not otherwise committed or
required to fulfill project purposes or other Federal obligations, for
supplying carry-over storage of irrigation and other water for drought
protection, multiple-benefit credit-storage operations, and other
purposes. The use of such water shall be consistent with and subject to
State law. All or a portion of the water provided for fish and wildlife
under this title may be banked for fish and wildlife purposes in
accordance with this subsection.
(e) LIMITATION ON CONSTRUCTION. -- This title does not and shall not
be interpreted to authorize construction of water storage facilities,
nor shall it limit the Secretary's ability to participate in water
banking or conjunctive use programs.
(f) ANNUAL REPORTS TO CONGRESS. -- Not later than September 30 of
each calendar year after the date of enactment of this title, the
Secretary shall submit a detailed report to the Committee on Energy and
Natural Resources of the Senate and the Committee on Interior and
Insular Affairs and the Committee on Merchant Marine and Fisheries of
the House of Representatives. Such report shall describe all
significant actions taken by the Secretary pursuant to this title and
progress toward achievement of the intent, purposes and provisions of
this title. Such report shall include recommendations for authorizing
legislation or other measures, if any, needed to implement the intent,
purposes and provisions of this title.
(g) RECLAMATION LAW. -- This title shall amend and supplement the
Act of June 17, 1902, and Acts supplementary thereto and amendatory
thereof.
(h) LAND RETIREMENT. --
(1) The Secretary is authorized to purchase from willing
sellers land and associated water rights and other property
interests identified in paragraph (h)(2) which receives Central
Valley Project water under a contract executed with the United
States, and to target such purchases to areas deemed most
beneficial to the overall purchase program, including the purposes
of this title.
(2) The Secretary is authorized to purchase, under the
authority of paragraph (h)(i), and pursuant to such rules and
regulations as may be adopted or promulgated to implement the
provisions of this subsection, agricultural land which, in the
opinion of the Secretary --
(A) would, if permanently retired from irrigation, improve
water conservation by a district, or improve the quality of an
irrigation district's agricultural wastewater and assist the
district in implementing the provisions of a water conservation
plan approved under section 210 of the Reclamation Reform Act of
1982 and agricultural wastewater management activities developed
pursuant to recommendations specific to water conservation,
drainage source reduction, and land retirement contained in the
final report of the San Joaquin Valley Drainage Program
(September, 1990); or
(B) are no longer suitable for sustained agricultural
production because of permanent damage resulting from severe
drainage or agricultural wastewater management problems,
groundwater withdrawals, or other causes.
(i) WATER CONSERVATION. --
(1) The Secretary is authorized to undertake, in cooperation
with Central Valley Project irrigation contractors, water
conservation projects or measures needed to meet the requirements
of this title. The Secretary shall execute a cost-sharing
agreement for any such project or measure undertaken. Under such
agreement, the Secretary is authorized to pay up to 100 percent of
the costs of such projects or measures. Any water saved by such
projects or measures shall be governed by the conditions of
subparagraph 3405(a)(1)(A) and (J) of this title, and shall be
made available to the Secretary in proportion to the Secretary's
contribution to the total cost of such project or measure. Such
water shall be used by the Secretary to meet the Secretary's
obligations under this title, including the requirements of
paragraph 3406(b)(3). Such projects or measures must be
implemented fully by September 30, 1999.
(2) There are authorized to be appropriated through the end of
fiscal year 1998 such sums as may be necessary to carry out the
provisions of this subsection. Funds appropriated under this
subsection shall be a nonreimbursable Federal expenditure.
(j) PROJECT YIELD INCREASE. -- In order to minimize adverse effects,
if any, upon existing Central Valley Project water contractors resulting
from the water dedicated to fish and wildlife under this title, and to
assist the State of California in meeting its future water needs, the
Secretary shall, not later than three years after the date of enactment
of this title, develop and submit to the Congress, a least-cost plan to
increase, within fifteen years after the date of enactment of this
title, the yield of the Central Valley Project by the amount dedicated
to fish and wildlife purposes under this title. The plan authorized by
this subsection shall include, but shall not be limited to a description
of how the Secretary intends to use the following options:
(1) improvements in, modification of, or additions to the
facilities and operations of the project;
(2) conservation;
(3) transfers;
(4) conjunctive use;
(5) purchase of water;
(6) purchase and idling of agricultural land; and
(7) direct purchase of water rights.
Such plan shall include recommendations on appropriate cost-sharing
arrangements and shall be developed in a manner consistent with all
applicable State and Federal law.
(k) Except as specifically provided in this title, nothing in this
title is intended to alter the terms of any final judicial decree
confirming or determining water rights.
SEC. 3409. ENVIRONMENTAL REVIEW.
Not later than three years after the date of enactment of this title,
the Secretary shall prepare and complete a programmatic environmental
impact statement pursuant to the National Environmental Policy Act
analyzing the direct and indirect impacts and benefits of implementing
this title, including all fish, wildlife, and habitat restoration
actions and the potential renewal of all existing Central Valley Project
water contracts. Such statement shall consider impacts and benefits
within the Sacramento, San Joaquin, and Trinity River basins, and the
San Francisco Bay/Sacramento-San Joaquin River Delta Estuary. The cost
of the environmental impact statement described in this section shall be
treated as a capital expense in accordance with Reclamation law.
SEC. 3410. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of this title. Funds appropriated under
this title shall remain available until expended without fiscal year
limitation.
SEC. 3411. COMPLIANCE WITH STATE WATER LAW AND COORDINATED
OPERATIONS AGREEMENT.
(a) Notwithstanding any other provision of this title, the Secretary
shall, prior to the reallocation of water from any purpose of use or
place of use specified within applicable Central Valley Project water
rights permits and licenses to a purpose of use or place of use not
specified within said permits or licenses, obtain a modification in
those permits and licenses, in a manner consistent with the provisions
of applicable State law, to allow such change in purpose of use or place
of use.
(b) The Secretary, in the implementation of the provisions of this
title, shall fully comply with the United States' obligations as set
forth in the "Agreement Between the United States of America and the
Department of Water Resources of the State of California for Coordinated
Operation of the Central Valley Project and the State Water Project"
dated May 20, 1985, and the provisions of Public Law 99-546; and shall
take no action which shifts an obligation that otherwise should be borne
by the Central Valley Project to any other lawful water rights permittee
or licensee.
SEC. 3412. EXTENSION OF THE TEHAMA-COLUSA CANAL SERVICE AREA.
The first paragraph of section 2 of the Act of September 26, 1950 (64
Stat. 1036), as amended by the Act of August 19, 1967 (81 Stat. 167),
and the Act of December 22, 1980 (94 Stat. 3339), authorizing the
Sacramento Valley Irrigation Canals, Central Valley Project, California,
is further amended by striking "Tehama, Glenn, and Colusa Counties, and
those portions of Yolo County within the boundaries of the Colusa
County, Dunnigan, and Yolo-Zamora water districts or" and inserting
"Tehama, Glenn, Colusa, Solano, and Napa Counties, those portions of
Yolo County within the boundaries of Colusa County Water District,
Dunnigan Water District, Yolo-Zamora Water District, and Yolo County
Flood Control and Water Conservation District, or".
SEC. 3501. SHORT TITLE.
This title may be cited as the "Three Affiliated Tribes and Standing
Rock Sioux Tribe Equitable Compensation Act".
SEC. 3502. DEFINITIONS.
As used in this title, the term --
(1) "Secretary" means the Secretary of the Interior;
(2) "Three Affiliated Tribes" means the Mandan, Hidatsa, and
Arikara Tribes that reside on the Fort Berthold Indian
Reservation, a Federal reservation established by treaty and
agreement between the Tribes and the United States;
(3) "Standing Rock Sioux Tribe" means the members of the Great
Sioux Nation that reside on the Standing Rock Indian Reservation,
established by treaty between the Tribe and the United States;
and
(4) "Joint Tribal Advisory Committee" means the commission
established by the Secretary on May 10, 1985, for the purpose of
assessing the impacts of the Garrison and Oahe Dams on the Three
Affiliated Tribes and the Standing Rock Sioux Tribe.
SEC. 3503. FINDINGS; DECLARATIONS.
(a) FINDINGS. -- In recognition of the findings, conclusions, and
recommendations of the Secretary's Joint Tribal Advisory Committee,
Congress finds that the Three Affiliated Tribes and the Standing Rock
Sioux Tribe should be adequately compensated for the taking, in the case
of the Three Affiliated Tribes, of one hundred and fifty-six thousand
acres of reservation lands and, in the case of the Standing Rock Sioux
Tribe, fifty-six thousand acres of reservation lands, as the site for
the Garrison Dam and Reservoir, and the Oahe Dam and Reservoir.
Congress concurs in the Advisory Committee's findings and conclusions
that the United States Government did not justly compensate such Tribes
when it acquired those lands.
(b) DECLARATIONS. -- (1) The Congress declares that the Three
Affiliated Tribes are entitled to additional financial compensation for
the taking of one hundred and fifty-six thousand acres of their
reservation lands, including thousands of acres of prime agricultural
bottom lands, as the site for the Garrison Dam and Reservoir, and that
such amounts should be deposited in the Recovery Fund established by
section 3504(a) for use in accordance with this title.
(2) The Congress declares that the Standing Rock Sioux Tribe is
entitled to additional financial compensation for the taking of over
fifty-six thousand acres of its reservation lands, as the site for the
Oahe Dam and Reservoir, and that such amounts should be deposited in the
Standing Rock Sioux Tribe Economic Recovery Fund established by section
3504(b) for use in accordance with this title.
SEC. 3504. FUNDS.
(a) THREE AFFILIATED TRIBES ECONOMIC RECOVERY FUND. -- (1) There is
established in the Treasury of the United States the "Three Affiliated
Tribes Economic Recovery Fund" (hereinafter referred to as the "Recovery
Fund").
(2) Commencing with fiscal year 1993, and each fiscal year
thereafter, the Secretary of the Treasury shall deposit in the Three
Affiliated Tribes Economic Recovery Fund an amount, which shall be
nonreimbursable and nonreturnable equal to 25 percent of the receipts
from deposits to the United States Treasury for the preceding fiscal
year from the integrated programs of the Eastern Division of the
Pick-Sloan Missouri River Basin Project administered by the Western Area
Power Administration, but in no event shall the aggregate of the amounts
deposited to the Fund established by this subsection for compensation
for the Three Affiliated Tribes pursuant to this paragraph and paragraph
(3) exceed $149,200,000.
(3) For payment to the Three Affiliated Tribes of amounts to which
they remain entitled pursuant to the Act entitled "An Act to make
certain provisions in connection with the construction of the Garrison
Diversion unit, Missouri River Basin Project, by the Secretary of the
Interior," approved August 5, 1965 (79 Stat. 433), there is authorized
to be appropriated to the Recovery Fund established by subsection (a)
for fiscal year 1994 and each of the next following nine fiscal years,
the sum of $6,000,000.
(4) The Secretary of the Treasury shall deposit the interest which
accrues on deposits to the Three Affiliated Tribes Economic Recovery
Fund in a separate account in the Treasury of the United States. Such
interest shall be available, without fiscal year limitation, for use by
the Secretary of the Interior, commencing with fiscal year 1998, and
each fiscal year thereafter, in making payments to the Three Affiliated
Tribes for use for educational, social welfare, economic development,
and other programs, subject to the approval of the Secretary. No part
of the principal of the Three Affiliated Tribes Economic Development
Fund shall be available for making such payments.
(b) STANDING ROCK SIOUX TRIBE ECONOMIC RECOVERY FUND. -- (1) There
is established in the Treasury of the United States the "Standing Rock
Sioux Tribe Economic Recovery Fund."
(2) Commencing with fiscal year 1993, and for each fiscal year
thereafter, the Secretary of the Treasury shall deposit in the Standing
Rock Sioux Tribe Economic Recovery Fund an amount, which shall be
nonreimbursable and nonreturnable equal to 25 percent of the receipts
from deposits to the United States Treasury for the preceding fiscal
year from the integrated programs of the Eastern Division of the
Pick-Sloan Missouri River Basin Project administered by the Western Area
Power Administration, but in no event shall the aggregate of the amounts
deposited to the Recovery Fund established by this subsection for
compensation for the Standing Rock Sioux Tribe pursuant to this
paragraph exceed $90,600,000.
(3) The Secretary of the Treasury shall deposit the interest which
accrues on deposits to the Standing Rock Sioux Tribe Economic Recovery
Fund in a separate account in the Treasury of the United States. Such
interest shall be available, without fiscal year limitation, for use by
the Secretary of the Interior, commencing with fiscal year 1998, and
each fiscal year thereafter, in making payments to the Standing Rock
Sioux Tribe for use for educational, social welfare, economic
development, and other programs, subject to the approval of the
Secretary. No part of the principal of the Standing Rock Sioux Tribe
Economic Recovery Fund shall be available for making such payments.
SEC. 3505. ELIGIBILITY FOR OTHER SERVICES NOT AFFECTED.
No payments pursuant to this title shall result in the reduction, or
the denial, of any Federal services or programs that the Three
Affiliated Tribes or the Standing Rock Sioux Tribe, or any of their
members, are otherwise entitled to, or eligible for, because of their
status as a federally recognized Indian tribe or member pursuant to
Federal law. No payments pursuant to this title shall be subject to
Federal or State income tax, or affect Pick-Sloan Missouri River Basin
power rates in any way.
SEC. 3506. PER CAPITA PAYMENTS PROHIBITED.
No part of any moneys in any fund under this title shall be
distributed to any member of the Three Affiliated Tribes or the Standing
Rock Sioux Tribe on a per capita basis.
SEC. 3507. STANDING ROCK SIOUX INDIAN RESERVATION.
(a) IRRIGATION. -- The Secretary of the Interior is authorized to
develop irrigation within the boundaries of the Standing Rock Indian
Reservation in a two thousand three hundred and eighty acre project
service area, except that no appropriated funds are authorized to be
expended for construction of this project unless the Secretary has made
a finding of irrigability of the lands to receive water as required by
the Act of July 31, 1953 (43 U.S.C. 390a). Repayment for the units
authorized under this subsection shall be made pursuant to the Act of
July 1, 1932 (25 U.S.C. 386a).
(b) SPECIFIC. -- There is authorized to be appropriated, in addition
to any other amounts authorized by this title, or any other law, to the
Secretary of the Interior $4,660,000 for use by the Secretary of the
Interior in carrying out irrigation projects for the Standing Rock Sioux
Tribe.
(c) DISCLAIMER. -- This section shall not limit future irrigation
development, in the event that such irrigation is subsequently
authorized.
SEC. 3508. TRANSFER OF LANDS.
(a) FORMER TRIBAL LANDS. -- (1) Except as provided in subsection
(j), the Secretary of the Army shall transfer administrative
jurisdiction over the lands described in paragraph (2) (including the
improvements thereon) to the Secretary of the Interior to be
administered as set out in subsection (d).
(2) The lands referred to in paragraph (1) are those Federal lands
which were acquired from the Three Affiliated Tribes by the United
States for the Garrison Dam Project pursuant to the Act of October 29,
1949 and which are within the external boundary of the Fort Berthold
Indian Reservation and located at or above contour elevation one
thousand eight hundred and sixty feet mean sea level.
(b) FOUR BEARS AREA. -- All rights, title, and interest of the
United States in the following described lands (including the
improvements thereon) and underlying Federal minerals are hereby
declared to be held in trust by the United States for the Three
Affiliated Tribes as part of the Fort Berthold Indian Reservation:
(1) approximately 142.2 acres, more or less, lying above
contour elevation one thousand eight hundred and fifty-four feet
mean sea level and located south of the southerly right-of-way
line of North Dakota State Highway No. 23, in the following
sections of Township 152 North, range 93 west of the 5th principal
meridian, McKenzie County, North Dakota:
Section 15: south half of the southwest quarter;
Section 21: northeast quarter and northwest quarter of the
southeast quarter;
Section 22: north half of the northwest quarter; and the east
half of the southwest quarter and the east half of the west half
of the southwest quarter of section 15, lying at or above contour
elevation one thousand eight hundred and fifty-four mean sea
level, located north of the northerly right-of-way line of North
Dakota State Highway No. 23 and Southeasterly of the following
described line:
Commencing at a point on the west line of said section 15, said
point being 528.00 feet Northerly of the existing northerly
right-of-way line of North Dakota State Highway No. 23; thence
north 77 00' 00" east to the west line of said east half of the
west half of the southwest quarter of section 15, and the point of
beginning of such line; thence northeasterly to the northwest
corner of the east half of the southwest quarter and the point of
termination.
(c) FORMER NONTRIBAL LANDS. -- (1) Except as provided in subsection
(j), the Secretary of the Army shall transfer administrative
jurisdiction over the lands described in paragraph (2) (including the
improvements thereon) to the Secretary of the Interior to be
administered as set out in subsection (d).
(2) The lands referred to in paragraph (1) are --
(A) those Federal lands acquired from individual Indian owners
by the United States for the Garrison Dam Project pursuant to the
Act of October 29, 1949; and
(B) those lands acquired from non-Indian owners by the United
States for such Project (either by purchase or condemnation);
and which are within the external boundary of the Fort Berthold
Reservation, and located at or above contour elevation one thousand
eight hundred and sixty feet mean sea level.
(d) RIGHT OF FIRST REFUSAL. -- (1) The Secretary of the Interior
shall, within one year following the date of the enactment of this
title, offer to the Three Affiliated Tribes, and to such individual
Indian owners and non-Indian owners from whom such lands were acquired,
or their heirs or assigns, a right of first refusal, for a period to be
determined by the Secretary of the Interior not to exceed twelve months
following notice of the offer to such Tribes, owners, heirs, or assigns,
to purchase at fair market value any land, in the case of the Three
Affiliated Tribes, described in subsection (b), and in the case of
individual Indian and non-Indian owners, described in subsection (c),
which was so acquired. If any such former owner, or his or her heirs or
assigns, refuses or fails to exercise his or her right to repurchase, an
option to purchase such land shall be afforded to the Three Affiliated
Tribes.
(2) Lands purchased from the Secretary of the Interior by former
owners, or their heirs or assigns, under this subsection shall not be
sold by former owners, their heirs or assigns, within the 5-year period
following such purchase, unless the Three Affiliated Tribes has been
afforded a right of first refusal to purchase such lands. Such right of
first refusal shall afford the Tribes --
(A) thirty days from such notification to inform the
prospective seller whether the Tribes intend to exercise their
right of first refusal to purchase such lands at the price of the
bona fide offer; and
(B) one year from such notification to complete the purchase of
such lands under their right of first refusal.
(e) CONSIDERATION. -- In consideration for the transfer of the lands
described above, the Secretary of the Interior, or his designee, shall
be responsible for determining the location of contour elevations one
thousand eight hundred and sixty feet mean sea level (for subsections
(a) and (c)) and one thousand eight hundred and fifty-four feet mean sea
level (for subsection (b)) by surveying and monumenting such contour at
intervals no greater than five hundred feet. The survey and
monumentation shall be completed within two years after the date of the
enactment of this title.
(f) RESERVATIONS. -- The United States hereby reserves the perpetual
right, power, privilege, and easement permanently to overflow, flood,
submerge, saturate, percolate, and erode the land described in
subsections (a), (b), and (c) in connection with the operation and
maintenance of the Garrison Dam Project, as authorized by the Act of
Congress approved December 22, 1944, and the continuing right to clear
and remove any brush, debris, and natural obstructions which, in the
opinion of the Secretary of the Army, may be detrimental to the Project.
The Three Affiliated Tribes, and the owners or their heirs or assigns
who reacquired such lands pursuant to this title may exercise all other
rights and privileges on the land except for those rights and privileges
which would interfere with or abridge the rights and easements hereby
reserved.
(g) PROHIBITIONS. -- With respect to any lands described in this
section that are below one thousand eight hundred and sixty feet mean
sea level, no structures for human habitation shall be constructed or
maintained on the land, and no other structures shall be constructed or
maintained on the land except as may be approved in writing by the
Secretary of the Army.
(h) EXCAVATION. -- With respect to lands described in subsection
(a), (b), or (c), no excavation shall be conducted and no landfill
placed on the land without approval by the Secretary of the Army as to
the location and method of excavation or placement of landfill.
(i) DISCLAIMER. -- Nothing in this section shall deprive any person
of any right-of-way, leasehold, or other right, interest, or claim which
such person may have in the lands described in subsections (a), (b), and
(c) prior to the date of the enactment of this title.
(j) TRUST LANDS. -- (1) All rights, title, and interest of the
United States in the improvements and recreation facilities described in
paragraph (2) are hereby declared to be held in trust by the United
States for the Three Affiliated Tribes.
(2) The improvements and facilities referred to in paragraph (1) are
the Red Butte Bay Public Use Area and the Deepwater Bay Public Use Area.
The recreation facilities include those facilities located both above
and below contour elevation 1,860 feet mean sea level.
(3) The improvements and facilities described in this subsection are
transferred as is and without warranty of any kind, and the Corps of
Engineers shall have no obligation or responsibility to operate,
maintain, repair, or replace any of such improvements or facilities.
Operation and maintenance of the improvements and recreational
facilities in this subsection shall be the responsibility of the
Department of the Interior.
SEC. 3509. TRANSFER OF LANDS AT OAHE DAM AND LAKE PROJECT.
(a) FORMER TRIBAL LANDS. -- (1) Except as provided in subsection
(i), the Secretary of the Army shall transfer administrative
jurisdiction over the lands described in paragraph (2) (including the
improvements thereon) to the Secretary of the Interior to be
administered as set out in subsection (c).
(2) The lands referred to in paragraph (1) are those Federal lands
which were acquired from the Standing Rock Sioux Tribe by the United
States for the Oahe Dam Reservoir Project pursuant to the Act of
September 2, 1958 (Public Law 85-915), and --
(A) which extend southerly from the south shore of Cannonball
River, in Sioux County, North Dakota, to a point along the
boundary between the Standing Rock and Cheyenne River Indian
Reservations, in Dewey County, South Dakota; and
(B) which are located at or above contour elevation one
thousand six hundred and twenty feet mean sea level.
(b) FORMER NONTRIBAL LANDS. -- (1) Except as provided in subsection
(i), the Secretary of the Army shall transfer administrative
jurisdiction over the lands described in paragraph (2) (including the
improvements thereon) to the Secretary of the Interior to be
administered as set out in subsection (c).
(2) The lands referred to in paragraph (1) are those Federal lands
acquired from individual Indian owners by the United States for the Oahe
Dam and Reservoir Project pursuant to the Act of September 2, 1958
(Public Law 85-915), and from non-Indian owners (either by purchase or
condemnation), and
(A) which extend southerly from the south shore of the
Cannonball River, in Sioux County, North Dakota to a point along
the boundary between the Standing Rock and Cheyenne River Indian
Reservations, in Dewey County, South Dakota; and
(B) which are located at or above contour elevation one
thousand six hundred and twenty feet mean sea level.
(c) RIGHT OF FIRST REFUSAL. -- (1) The Secretary of the Interior
shall, within one year following the date of the enactment of this
title, offer to the Standing Rock Sioux Tribe, and to such individual
Indian owners and non-Indian owners from whom such lands were acquired,
or their heirs or assigns, a right of first refusal, for a period to be
determined by the Secretary of the Interior not to exceed twelve months
following notice of the offer to the Standing Rock Sioux Tribe, owners,
heirs or assigns, to purchase at fair market value any land, in the case
of the Standing Rock Sioux Tribe, described in subsection (a), and in
the case of individual Indian and non-Indian owners, described in
subsection (b), which was so acquired. If any such owner, or his or her
heirs or assigns, refuses or fails to exercise their right to
repurchase, an option to purchase such lands shall be afforded to the
Standing Rock Sioux Tribe.
(2) Lands purchased from the Secretary of the Interior by such former
owners, or their heirs or assigns, under this subsection shall not be
sold by the former owners, their heirs or assigns, within the five-year
period following such purchase, unless the Standing Rock Sioux Tribe has
been afforded a right of first refusal to purchase such lands. Such
right of first refusal shall afford the Tribe --
(A) thirty days from such notification to inform the
prospective seller whether the Tribe intends to exercise its right
of first refusal to purchase such lands at the price of the bona
fide offer, and
(B) one year from such notification to complete the purchase of
such lands under its right of first refusal.
(d) CONSIDERATION. -- In consideration for the transfer of the lands
described above, the Secretary of the Interior, or his designee, shall
be responsible for determining the location of contour elevation one
thousand six hundred and twenty feet mean sea level by surveying and
monumenting such contour at intervals no greater than five hundred feet.
The survey and monumentation shall be completed within two years after
the date of the enactment of this title.
(e) RESERVATIONS. -- The United States hereby reserves the perpetual
right, power, privilege and easement permanently to overflow, flood,
submerge, saturate, percolate and erode the land described in
subsections (a) and (b) in connection with the operation and maintenance
of the Oahe Dam and Lake Project, as authorized by the Act of Congress
approved December 22, 1944, and the continuing right to clear and remove
any brush, debris and natural obstructions which, in the opinion of the
Secretary of the Army may be detrimental to the Project. The Standing
Rock Sioux Tribe, and the owners or their heirs and assigns, who
reacquired any such lands pursuant to this title, may exercise all other
rights and privileges on the land except for those rights and privileges
which would interfere with or abridge the rights and easement hereby
reserved.
(f) PROHIBITIONS. -- With respect to lands described in this section
that are below one thousand six hundred and twenty feet mean sea level,
no structures for human habitation shall be constructed or maintained on
the land and no other structures shall be constructed or maintained on
the land except as may be approved in writing by the Secretary of the
Army.
(g) EXCAVATION. -- With respect to lands described in subsections
(a) or (b), no excavation shall be conducted and no landfill placed on
the land without approval by the Secretary of the Army as to the
location and method of excavation or placement of landfill.
(h) DISCLAIMER. -- Nothing in this section shall deprive any person
of any right-of-way, leasehold, or other right, interest, or claim which
such person may have in the lands described in subsections (a) and (b)
prior to the date of the enactment of this title.
(i) TRUST LANDS. -- (1) All rights, title and interest of the United
States in the improvements and recreation facilities described in
paragraph (2) are hereby declared to be held in trust by the United
States for the Standing Rock Sioux Tribe.
(2) The improvements and facilities referred to in paragraph (1) are
the levee around the City of Fort Yates, North Dakota, and the
recreation facilities located at the Fort Yates Recreation Area, the
Walker Bottoms Recreation Area, and the Grand River Recreation Area,
including those recreation facilities located both above and below
contour elevation one thousand six hundred and twenty feet mean sea
level.
(3) The improvements and facilities described in this subsection are
transferred as is and without warranty of any kind, and the Corps of
Engineers shall have no obligation or responsibility to operate,
maintain, repair or replace any of such improvements or facilities.
Operation and maintenance of the improvements and recreational
facilities in this subsection shall be the responsibility of the
Department of the Interior.
(j) EXCEPTION. -- Notwithstanding subsection (i), the transfer of
such improvements and facilities pursuant to subsection (i) does not
include the improvements and facilities located at the Indian Memorial
Recreation Area and the Grand River Fish Spawning Station, unless and
until the State of South Dakota consents in writing and then only upon
amendment of the "Agreement Between the United States and the State of
South Dakota for Recreation and Fish and Wildlife Development at Lake
Oahe, South Dakota" entered into on September 2, 1983, which amendment
shall specifically provide for such transfer.
(k) FISH AND WILDLIFE. -- Notwithstanding any other provision of
law, the lands transferred under subsection (a) which, prior to the date
of enactment of this title, were designated by the Corps of Engineers as
mitigation lands for purposes of fish and wildlife conservation in
accordance with the Fish and Wildlife Conservation Act of 1958, shall be
included in any subsequent determination of the Corps' compliance with
the fish and wildlife mitigation requirements of the Fish and Wildlife
Conservation Act of 1958. The Standing Rock Sioux Tribe shall use its
best efforts to conduct fish and wildlife conservation and mitigation on
such lands. Notwithstanding the provisions of the Fish and Wildlife
Conservation Act of 1958, the State of South Dakota shall have no claim,
right, or cause of action pursuant to Federal law to compel designation
of additional lands currently under the jurisdiction of the Corps of
Engineers, for purposes of fish and wildlife conservation in lieu of the
lands transferred by subsection (a).
SEC. 3510. CONFORMING AMENDMENT.
Section 10(a)(2) of Public Law 89-108 is amended by striking
"$67,910,000" and inserting "$7,910,000."
SEC. 3511. AUTHORIZATION.
There are authorized to be appropriated such sums as may be necessary
to carry out the provisions of section 3504 of this title.
SEC. 3601. SONOMA BAYLANDS WETLAND DEMONSTRATION PROJECT.
(a) IN GENERAL. -- The Secretary of the Army is directed to develop
and carry out in accordance with this section a three hundred and
twenty-acre Sonoma Baylands wetland demonstration project in the San
Francisco Bay-Delta estuary, California. The project shall utilize
dredged material suitable for aquatic disposal to restore, protect, and
expand the Sonoma Baylands for the purposes of preserving waterfowl,
fish, and other wetland dependent species of plants and animals and to
provide flood control, water quality improvement, and sedimentation
control.
(b) ADDITIONAL PROJECT PURPOSES. -- In addition to the purposes
described in subsection (a), the purposes of the project under this
section are to restore tidal wetlands, provide habitat for endangered
species, expand the feeding and nesting areas for waterfowl along the
Pacific flyway, and demonstrate the use of suitable dredged material as
a resource, facilitating the completion of Bay Area dredging projects in
an environmentally sound manner.
(c) PLAN. --
(1) GENERAL REQUIREMENT. -- The Secretary, in cooperation with
appropriate Federal and State agencies, and in accordance with
applicable Federal and State environmental laws, shall develop in
accordance with this subsection a plan for implementation of the
Sonoma Baylands project under this section.
(2) CONTENTS. -- The plan shall include initial design and
engineering, construction, general implementation and site
monitoring.
(3) TARGET DATES. --
(A) FIRST PHASE. -- The first phase of the plan for final
design and engineering shall be completed within six months of the
date of the enactment of this Act.
(B) SECOND PHASE. -- The second phase of the plan, including
the construction of on-site improvements, shall be completed
within ten months of the date of the enactment of this Act.
(C) THIRD PHASE. -- The third phase of the plan, including
dredging, transportation, and placement of material, shall be
started no later than July 1, 1994.
(D) FOURTH PHASE. -- The final phase of the plan shall include
monitoring of project success and function and remediation if
necessary.
(d) NON-FEDERAL PARTICIPATION. -- Any work undertaken pursuant to
this title shall be initiated only after non-Federal interests have
entered into a cooperative agreement according to the provisions of
section 221 of the Flood Control Act of 1970. The non-Federal interests
shall agree to:
(1) provide 25 percent of the cost associated with the project,
including provision of all lands, easements, rights-of-way, and
necessary relocations; and
(2) pay 100 percent of the cost of operation, maintenance,
replacement, and rehabilitation costs associated with the project.
(e) REPORTS TO CONGRESS. -- The Secretary shall report to Congress
at the end of each of the time periods referred to in subsection (c)(3)
on the progress being made toward development and implementation of the
project under this section.
(f) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated $15,000,000 for carrying out this section for fiscal years
beginning after September 30, 1992. Such sums shall remain available
until expended.
SEC. 3701. SHORT TITLE.
This title may be cited as the "San Carlos Apache Tribe Water Rights
Settlement Act of 1992".
SEC. 3702. CONGRESSIONAL FINDINGS.
(a) SPECIFIC FINDINGS. -- The Congress finds and declares that --
(1) it is the policy of the United States, in fulfillment of
its trust responsibility to Indian tribes, to promote Indian
self-determination and economic self-sufficiency, and to settle,
wherever possible, the water rights claims of Indian tribes
without lengthy and costly litigation;
(2) meaningful Indian self-determination and economic
self-sufficiency depend on the development of viable Indian
reservation economies;
(3) qualification of rights to water and development of
facilities needed to utilize tribal water supplies effectively is
essential to the development of viable Indian reservation
economies, particularly in arid western States;
(4) on November 9, 1871, and by actions subsequent thereto, the
United States Government established a reservation for the San
Carlos Apache Tribe in Arizona;
(5) the United States, as trustee for the San Carlos Apache
Tribe, obtained water entitlements for the Tribe pursuant to the
Globe Equity Decree of 1935; however, continued uncertainty as to
the full extent of the Tribe's entitlement to water has severely
limited the Tribe's access to water and financial resources
necessary to develop its valuable agricultural lands and
frustrated its efforts to reduce its dependence on Federal program
funding and achieve meaningful self-determination and
self-sufficiency;
(6) proceedings to determine the full extent and nature of the
Tribe's water rights are currently pending before the United
States District Court in Arizona and in the Superior Court of the
State of Arizona in and for Maricopa County, as part of the
General Adjudication of the Gila River System and Source;
(7) recognizing that final resolution of pending litigation
will take many years and entail great expense to all parties,
continue economically and socially damaging limits to the Tribe's
access to water, prolong uncertainty as to the availability of
water supplies and seriously impair the long-term economic
planning and development of all parties, the Tribe and its
neighboring non-Indian communities have sought to settle their
dispute to water and reduce the burdens of litigation;
(8) after lengthy negotiations, which included participation by
representatives of the United States Government, the Tribe, and
neighboring non-Indian communities of the Salt River and Gila
River Valleys, who are all party to the General Adjudication of
the Gila River System and Source, the parties are prepared to
enter into an Agreement to resolve all water rights claims between
and among themselves, to quantify the Tribe's entitlement to
water, and to provide for the orderly development of the Tribe's
lands;
(9) pursuant to the Agreement, the neighboring non-Indian
communities will relinquish claims to approximately fifty-eight
thousand seven hundred and thirty-five acre-feet of surface water
to the Tribe, provide the means of storing water supplies of the
Tribe behind Coolidge Dam on the Gila River in Arizona to enhance
fishing, recreation, and other environmental benefits, and make
substantial additional contributions to carry out the Agreement's
provisions; and
(10) to advance the goal of Federal Indian policy and to
fulfill the trust responsibility of the United States to the
Tribe, it is appropriate that the United States participate in the
implementation of the Agreement and contribute funds for the
rehabilitation and expansion of existing reservation irrigation
facilities so as to enable the Tribe to utilize fully its water
resources in developing a diverse, efficient reservation economy.
(b) PURPOSES OF TITLE. -- It is the purpose of this title --
(1) to approve, ratify, and confirm the Agreement to be entered
into by the Tribe and its neighboring non-Indian communities,
(2) to authorize and direct the Secretary of the Interior to
execute and perform such Agreement, and
(3) to authorize the actions and appropriations necessary for
the United States to fulfill its legal and trust obligations to
the Tribe as provided in the Agreement and this title.
SEC. 3703. DEFINITIONS.
For purposes of this title:
(1) "Active conservation capacity" means that storage space,
exclusive of bank storage, available to store water which can be
released through existing reservoir outlet works.
(2) "Agreement" means that agreement among the San Carlos
Apache Tribe; the United States of America; the State of
Arizona; the Salt River Project Agricultural Improvement and
Power District; the Salt River Valley Water Users' Association;
the Roosevelt Water Conservation District; the Arizona cities of
Chandler, Glendale, Globe, Mesa, Safford, Scottsdale and Tempe,
the town of Gilbert; Buckeye Water Conservation and Drainage
District, Buckeye Irrigation Company, the Phelps Dodge Corporation
and the Central Arizona Water Conservation District, together with
all exhibits thereto, as the same is executed by the Secretary of
the Interior pursuant to sections 3710(c) and 3711(a)(7) of this
title.
(3) "CAP" means the Central Arizona Project, a reclamation
project authorized under title III of the Colorado River Basin
Project Act of 1968 (43 U.S.C. 1521 et seq.).
(4) "CAWCD" means the Central Arizona Water Conservation
District, organized under the laws of the State of Arizona, which
is the contractor under a contract with the United States, dated
December 15, 1972, for the delivery of water and repayment of
costs of the Central Arizona Project.
(5) "Globe Equity Decree" means the decree dated June 29, 1935,
entered in the United States of America v. Gila Valley Irrigation
District, et al., Globe Equity 59, in the District Court of the
United States in and for the District of Arizona, and all decrees
and decisions supplemental thereto.
(6) "Reservation" means the reservation authorized by the
Treaty with the Apache Nation dated July 1, 1852 (10 Stat. 979),
established by the Executive orders of November 9, 1871 and
December 14, 1872, as modified by subsequent Executive orders and
Acts of Congress including the Executive order of August 5, 1873.
(7) "RWCD" means the Roosevelt Water Conservation District, an
irrigation district organized under the laws of the State of
Arizona.
(8) "Secretary" means the Secretary of the Interior.
(9) "SRP" means the Salt River Project Agricultural Improvement
and Power District, a political subdivision of the State of
Arizona, and the Salt River Valley Water Users' Association, an
Arizona Corporation.
(10) "SCIP" means the San Carlos Irrigation Project authorized
pursuant to the Act of June 7, 1924 (42 Stat. 475), expanded
pursuant to the Act of March 7, 1928 (45 Stat. 200, 210), and
administered by the Bureau of Indian Affairs.
(11) "Tribe" means the San Carlos Apache Tribe, a tribe of
Apache Indians organized under section 16 of the Indian
Reorganization Act of June 18, 1934 (48 Stat. 987; 25 U.S.C.
476), and duly recognized by the Secretary.
SEC. 3704. WATER.
(a) REALLOCATION OF WATER. -- The Secretary shall reallocate, for
the exclusive use of the Tribe, all of the water referred to in
subsection (f)(2) of section 2 of the Act of October 19, 1984 (98 Stat.
2698), which is not required for delivery to the Ak-Chin Indian
Reservation under that Act. The Secretary shall exclude, for the
purposes of determining the allocation and repayment of costs of the CAP
as provided in Article 9.3 of Contract No. 14-0906-09W-09245, Amendment
No. 1, between the United States and CAWCD dated December 1, 1988, and
any amendment or revision thereof, the costs associated with such water
from CAWCD's repayment obligation and such costs shall be
nonreimbursable.
(b) PARTIAL SATISFACTION OF CLAIMS. -- Notwithstanding any other
provision of this title, in the event the authorizations contained in
section 3708(b) do not become effective, the water referred to in
subsection 3704(a) of this title shall constitute partial satisfaction
of the Tribe's claims for water in the proceeding entitled "In Re the
General Adjudication of All Rights To Use Water in the Gila River System
and Source", Maricopa County Superior Court Nos. W-091, W-092, W-093,
and W-094 (consolidated), as against the parties identified in section
3703(2) of this title.
(c) ADDITIONAL ALLOCATIONS. -- The Secretary shall reallocate to the
Tribe an annual entitlement to fourteen thousand six hundred and
fifty-five acre-feet of water from the Central Arizona Project having a
CAP municipal and industrial priority, which the Secretary previously
allocated to Phelps Dodge Corporation in the Notice of Final Water
Allocations to Indian and Non-Indian Water Users and Related Decisions,
dated March 24, 1983 (48 F.R. 12446 et seq.). The Tribe shall pay the
United States or, if directed by the Secretary, CAWCD, all operation,
maintenance and replacement costs associated with such CAP water.
Except as provided in subsection (e)(3) of section 3706, water service
capital charges, or any other charges or payments for such CAP water
other than operation, maintenance and replacement costs shall be
nonreimbursable. The Secretary shall exclude, for the purposes of
determining the allocation and repayment of costs of the CAP as provided
in Article 9.3 of Contract No. 14-0906-09W-09245, Amendment No. 1,
between the United States and CAWCD dated December 1, 1988, and any
amendment or revision thereof, the costs associated with such water from
CAWCD's repayment obligation and such costs shall be nonreimbursable.
(d) ADDITIONAL ALLOCATIONS. -- The Secretary shall reallocate to the
Tribe an annual entitlement to three thousand four hundred and eighty
acre-feet of water from the Central Arizona Project having a CAP
municipal and industrial priority, which the Secretary previously
allocated to the city of Globe, Arizona, in the Notice of Final Water
Allocations to Indian and Non-Indian Water Users and Related Decisions,
dated March 24, 1983 (48 F.R. 12466 et seq.). The Tribe shall pay the
United States or, if directed by the Secretary, CAWCD, all operation,
maintenance and replacement costs associated with such CAP water.
Except as provided in subsection (e)(3) of section 3706, water service
capital charges, or any other charges or payments for such CAP water
other than operation, maintenance and replacement costs shall be
nonreimbursable. The Secretary shall exclude, for the purposes of
determining the allocation and repayment of costs of the CAP as provided
in Article 9.3 of Contract No. 14-0906-09W-09245, Amendment No. 1,
between the United States and CAWCD dated December 1, 1988, and any
amendment or revision thereof, the costs associated with such water from
CAWCD's repayment obligation and such costs shall be reimbursable.
(e) WATER STORAGE POOL. -- Notwithstanding the Act of June 7, 1924
(43 Stat. 475), as amended by the Act of March 7, 1928 (45 Stat. 200,
210), in order to permit the Tribe to maintain permanently a pool of
stored water for fish, wildlife, recreation and other purposes, the
Secretary shall designate for the benefit of the Tribe such active
conservation capacity behind Coolidge Dam on the Gila River in Arizona
as is not being used by the Secretary to meet the obligations of SCIP
for irrigation storage, except that any water stored by the Tribe shall
be the first water to spill ("spill water") from Coolidge Dam. The
water stored by the Tribe shall be, at the Tribe's designation, the
water provided to the Tribe pursuant to subsections (a), (c) and (d) of
this section, its entitlement of twelve thousand and seven hundred
acre-feet of water under its Tribal CAP Delivery Contract dated December
11, 1981; the water referred to in section 3710(f), or any combination
thereof. A pro rata share of evaporation and seepage losses shall be
deducted daily from the Tribe's stored water balance as provided in the
Agreement. The Tribe shall pay an equitable share of the operation and
maintenance costs for the water stored for the benefit of the Tribe,
subject to the Act of July 1, 1932 (47 Stat. 564, 25 U.S.C. 386 et
seq.). The water stored by the Tribe pursuant to this subsection shall
not be subject to apportionments pursuant to Article VIII (2) of the
Globe Equity Decree. Not later than January 31 of each year, the
Secretary shall notify the United States District Court for the District
of Arizona of the Tribe's stored water balance as of January 1 of that
year. The Secretary shall notify said Court of the Tribe's stored water
balance at least once per calendar month and at such more frequent
intervals as conditions, in the Secretary's judgment, may require.
(f) EXECUTION OF AGREEMENT. -- The Secretary shall execute the
Agreement which establishes, as between and among the parties to
Agreement, the Tribe's permanent right, except as provided in paragraphs
13.0, 14.0 and 15.0 of the Agreement, to the on-reservation diversion
and use of all ground water beneath the Tribe's Reservation, subject to
the management plan referred to in section 3710(d) of this title, and
all surface water in all tributaries within the Tribe's Reservation to
the mainstreams of: The Black River, the Salt River below its
confluence with the Black River, the San Pedro River and the Gila River,
including the right, except as provided in paragraphs 14.0 and 15.0 of
the Agreement, to fully regulate and store such water on the
tributaries. The Tribe's rights to the mainstream of Black River, San
Pedro River and the Gila River shall be as provided in the Agreement and
the Globe Equity Decree. With respect to parties not subject to the
waiver authorized by subsection 3708(b) of this title, the claims of the
Tribe and the United States, as trustee for the Tribe, are preserved.
(g) GILA RIVER EXCHANGES. -- Any exchange pursuant to this
legislation of Gila River water for water supplied by the CAP shall not
amend, alter or conflict with the exchanges authorized by section 304(f)
of the Colorado River Basin Project Act (43 U.S.C. 1524(f)).
SEC. 3705. RATIFICATION AND CONFIRMATION OF CONTRACTS.
(a) RATIFICATION OF CONTRACT. -- Except as provided in section
3710(i), the contract between the SRP and RWCD District dated October
24, 1924, together with all amendments thereto and any extension thereto
entered into pursuant to the Agreement, is ratified, confirmed, and
declared to be valid.
(b) SUBCONTRACT. -- The Secretary shall revise the subcontract of
the Roosevelt Water Conservation District for agricultural water service
from the CAP to include an addendum substantially in the form of exhibit
"A" to the Agreement and to execute the subcontract as revised.
Notwithstanding any other provision of law, the Secretary shall approve
the conversions of agricultural water to municipal and industrial uses
authorized by the addendum at such time or times as the conditions
authorizing such conversions, as set forth in the addendum, are found to
exist.
(c) RESTRICTIONS. -- The lands within RWCD and SRP shall be free
from the ownership and full cost pricing limitations of Federal
reclamation law and from all full cost pricing provisions of Federal
law.
(d) DISCLAIMER. -- No person, entity or lands shall become subject
to the provisions of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa
et seq.) or any full cost pricing provision of Federal law by virtue of
their participation in the settlement or their execution and performance
of the Agreement, or the use, storage or delivery of CAP water pursuant
to a lease, sublease or exchange of water to which the Tribe is entitled
under this title.
(e) FULL COST PRICING PROVISIONS. -- The lands within the Tribe's
Reservation shall be free from all full cost pricing provisions of
Federal law.
(f) CERTAIN EXTENSIONS AUTHORIZED. -- Notwithstanding any other
provision of law or any other provision of this title, the Secretary,
subject to tribal approval, is authorized and directed to: extend the
term of that right-of-way permit granted to Phelps Dodge Corporation on
March 8, 1950, and all amendments thereto, for the construction,
operation and maintenance of an electrical transmission line and
existing road for access to those facilities over the lands of the
Tribe; extend the term of that right-of-way permit numbered 2000089
granted on July 25, 1944, to Phelps Dodge Corporation, and all
amendments thereto, for the construction, use, operation and maintenance
of a water plant, pipeline, canal, water flowage easement through Willow
Creek and existing road for access to those facilities over the lands of
the Tribe; and grant a water flowage easement through the portions of
Eagle Creek flowing through the Tribe's Reservation. Notwithstanding
any other provision of law, each such right-of-way and flowage easement
shall be for a term expiring on March 8, 2090, and shall be subject to
the right of Phelps Dodge to renew the rights-of-way and flowage
easements for an additional term of up to one hundred years, subject to
payment of rental at a rate based upon fair market retail value.
SEC. 3706. WATER DELIVERY CONTRACT AMENDMENTS; WATER LEASE, WATER
WITHDRAWAL.
(a) AMENDMENT OF CONTRACT. -- The Secretary shall amend the CAP
water delivery contract between the United States and the Ak-Chin Indian
Community dated December 11, 1980, and the contract between the United
States and the Ak-Chin Indian Community dated October 2, 1985, as is
necessary to satisfy the requirements of section 3704(a) of this title.
(b) CONTRACT AMENDMENT. -- The Secretary shall amend the CAP water
delivery contract between the United States and the Tribe dated December
11, 1980 (hereinafter referred to as the "Tribal CAP Delivery
Contract"), as follows:
(1) To include the obligation by the United States to deliver
water to the Tribe upon the same terms and conditions set forth in
the Tribal CAP Delivery Contract as follows: water from those
sources described in subsections (a), (c), and (d) of section 3704
of this title; except that the water reallocated pursuant to such
subsections shall retain the priority such water had prior to its
reallocation. The cost to the United States to meet the
Secretary's obligation to design and construct new facilities to
deliver CAP water shall not exceed the cost of construction of the
delivery and distribution system for the twelve thousand and seven
hundred acre-feet of CAP water originally allocated to the Tribe.
(2) To extend the term of such contract to December 31, 2100,
and to provide for its subsequent renewal upon the same terms and
conditions as the Tribal CAP Delivery Contract, as amended.
(3) To authorize the Tribe to lease or to enter into an option
or options to lease the water to which the Tribe is entitled under
the Tribal CAP Delivery Contract, as amended, within Maricopa,
Pinal and Pima Counties for terms not exceeding one hundred years
and to renew such leases.
(4) To authorize the Tribe to lease water to which the Tribe is
entitled under the Tribal CAP Delivery Contract, as amended, to
the city of Scottsdale under the terms and conditions of the Water
Lease set forth in Exhibit "B" to the Agreement.
(5) To authorize the Tribe to lease water to which the Tribe is
entitled under the Tribal CAP Delivery Contract, as amended,
including, but not limited to, the cities of Chandler, Glendale,
Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Tempe and the town of
Gilbert.
(c) APPROVAL OF AMENDMENTS. -- Notwithstanding any other provision
of law, the amendments to the Tribal CAP Delivery Contract set forth in
Exhibit "C" to the Agreement are hereby authorized, approved and
confirmed.
(d) CHARGES NOT TO BE IMPOSED. -- The United States shall not impose
upon the Tribe the operation, maintenance and replacement charges
described and set forth in section 6 of the Tribal CAP Delivery Contract
or any other charge with respect to CAP water delivered or required to
be delivered to the lessee or lessees of the options to lease or leases
herein authorized.
(e) WATER LEASE. -- Except as provided in paragraph (3) of this
subsection, any Water Lease entered into by the Tribe as authorized by
section 3706 shall specifically provide that --
(1) the lessee shall pay all operation, maintenance and
replacement costs of such water to the United States, or if
directed by the Secretary, to CAWCD;
(2) except as provided in paragraph (3) of this subsection, the
lessee shall not be obligated to pay water service capital charges
or municipal and industrial subcontract charges or any other
charges or payment for such CAP water other than the operation,
maintenance and replacement costs and lease payments; and
(3) with respect to the water reallocated to the Tribe pursuant
to subsections (c) and (d) of section 3704, the Tribe or lessee
shall pay any water service capital charges or municipal and
industrial subcontract charges for any water use or lease from the
effective date of this title through September 30, 1995.
(f) ALLOCATION AND REPAYMENT OF COSTS. -- For the purpose of
determining allocation and repayment of costs of the CAP as provided in
Article 9.3 of Contract Numbered 14-0906-09W-09245, Amendment No. 1,
between the United States of America and CAWCD dated December 1, 1988,
and any amendment or revision thereof, the costs associated with the
delivery of water to which the Tribe is entitled under the Tribal
Delivery Contract, as amended, to the lessee or lessees of the options
to lease or leases herein authorized shall be nonreimbursable, and such
costs shall be excluded from CAWCD's repayment obligation.
(g) AGREEMENTS. -- The Secretary shall, in consultation with the
Tribe, enter into agreements necessary to permit the Tribe to exchange,
within the State of Arizona, all or part of the water available to it
under its Tribal CAP Delivery Contract, as amended.
(h) RATIFICATION. -- As among the parties to the Agreement, the
right of the city of Globe to withdraw and use water from under the
Cutter subarea under the Agreement, as limited and conditioned
thereunder, is hereby ratified and confirmed.
(i) USE OF WATER. -- As among the parties to the Agreement, the
right of the city of Safford to withdraw and use water from the Bonita
Creek watershed as provided in the Agreement, as limited and conditioned
thereunder, is hereby ratified and confirmed.
(j) WITHDRAWAL AND USE OF WATER. -- As between the Tribe and Phelps
Dodge, the right of Phelps Dodge to divert, withdraw and use water as
provided in the Agreement, as limited and conditioned thereunder, is
hereby ratified and confirmed.
(k) PROHIBITIONS. -- Except as authorized by this section, no water
made available to the Tribe pursuant to the Agreement, the Globe Equity
Decree, or this title may be sold, leased, transferred or in any way
used off the Tribe's Reservation.
SEC. 3707. CONSTRUCTION AND REHABILITATION; TRUST FUND.
(a) DUTIES. --
(1) The Secretary is directed, pursuant to the existing
authority of the Colorado River Basin Project Act (43 U.S.C. 1501
et seq.), to design and construct new facilities for the delivery
of 12,700 acre-feet of CAP water originally allocated to the Tribe
to tribal reservation lands at a cost which shall not exceed the
cost for such design and construction which would have been
incurred by the Secretary in the absence of the Agreement and this
title;
(2) The Secretary of Commerce is directed to amend the contract
between the United States Economic Development Administration and
the Tribe relating to the construction of Elgo Dam on the San
Carlos Apache Indian Reservation, Project No. 07-0981-09000210, to
provide that all remaining repayment obligations owing to the
United States on the date of the enactment of this title are
discharged.
(b) FUND. -- There is established in the Treasury of the United
States a fund to be known as the "San Carlos Apache Tribe Development
Trust Fund" (hereinafter called the "Fund") for the exclusive use and
benefit of the Tribe. The Secretary shall deposit into the Fund the
funds authorized to be appropriated in subsection (c) and the $3,000,000
provided by the State of Arizona pursuant to the Agreement. There shall
be deposited into the Fund any monies paid to the Tribe or to the
Secretary on behalf of the Tribe from leases or options to lease water
authorized by section 3706 of this title. Such sums shall be invested
in interest-bearing deposits and securities in accordance with the Act
of June 24, 1938 (25 U.S.C. 162(a)).
(c) AUTHORIZATION. -- There are authorized to be appropriated
$38,400,000 in fiscal year 1994, together with interest accruing thereon
beginning one year from the date of enactment of this title at rates
determined by the Secretary of the Treasury, taking into consideration
the average market yield on outstanding Federal obligations of
comparable maturity, to carry out the provisions of subsection (b).
(d) USE OF FUND. -- When the authorizations contained in section
3708(b) of this title are effective, the principal of the Fund and any
interest or income accruing thereon may be used by the Tribe to put to
beneficial use the Tribe's water entitlement, to defray the cost to the
Tribe of CAP operation, maintenance and replacement charges as
appropriate, and for other economic and community development purposes.
The income from the Fund shall be distributed by the Secretary to the
San Carlos Apache Tribe only upon presentation to the Secretary of a
certified copy of a duly enacted Resolution of the Tribal Council
requesting distribution and a written budget approved by the Tribal
Council. Such income may thereafter be expended only in accordance with
such budget. Income not distributed shall be added to principal. The
principal from the Fund may be distributed by the Secretary to the San
Carlos Apache Tribe only upon presentation to the Secretary of a
certified copy of a duly enacted Resolution of the Tribal Council
requesting distribution and a written budget approved by the Tribal
Council and the Secretary. Such principal may thereafter be expended
only in accordance with such budget: Provided, however, That the
principal may only be utilized for long-term economic development
projects. In approving a budget for the distribution of income or
principal, the Secretary shall, in accordance with regulations
promulgated pursuant to subsection (e) of this section, be assured that
methods exist and will be employed to ensure that use of the funds shall
be in accordance with the approved budget.
(e) REGULATIONS. -- The Secretary shall, no later than thirty days
after the date the authorizations contained in section 3708(b) are
effective, promulgate regulations necessary to carry out the purposes of
subsection (d).
(f) DISCLAIMER. -- The United States shall not be liable for any
claim or cause of action arising from the Tribe's use or expenditure of
moneys distributed from the Fund.
SEC. 3708. SATISFACTION OF CLAIMS.
(a) FULL SATISFACTION OF CLAIMS. -- Except as provided in subsection
(e) of this section, the benefits realized by the Tribe and its members
under this title shall constitute full and complete satisfaction of all
members' claims for water rights or injuries to water rights under
Federal, State, and other laws (including claims for water rights in
ground water, surface water, and effluent) from time immemorial to the
effective date of this title. Notwithstanding the foregoing, nothing in
this title shall be deemed to recognize or establish any right of a
member of the Tribe to water on the Tribe's Reservation.
(b) RELEASE. -- The Tribe, on behalf of itself and its members, and
the Secretary on behalf of the United States, are authorized, as part of
the performance of the obligations under the Agreement, to execute a
waiver and release, except as provided in the Agreement, of all claims
of water rights or injuries to water rights (including water rights in
ground water, surface water and effluent), from time immemorial to the
effective date of this title, and any and all future claims of water
rights (including water rights in ground water, surface water and
effluent), from and after the effective date of this title, which the
Tribe and its members may have, against the United States, the State of
Arizona or any agency or political subdivision thereof, or any other
person, corporation, or municipal corporation, arising under the laws of
the United States, the State of Arizona or otherwise.
(c) ADDITIONAL RELEASES. -- Except as provided in the Agreement, the
United States shall not assert any claim against the State of Arizona or
any political subdivision thereof, or any person, corporation or
municipal corporation, arising under the laws of the United States, the
State of Arizona or otherwise in its own right or on behalf of the Tribe
based upon --
(1) water rights or injuries to water rights (including water
rights in ground water, surface water and effluent) of the Tribe
and its members, or
(2) water rights or injuries to water rights (including water
rights in ground water, surface water and effluent) held by the
United States on behalf of the Tribe and its members.
(d) SAVINGS PROVISION. -- In the event the authorizations contained
in subsection (b) of this section do not become effective pursuant to
section 3711(a), the Tribe and the United States shall retain the right
to assert past and future water rights claims as to all Reservation
lands.
(e) DISCLAIMER. -- Nothing in this title shall affect the water
right or claims related to the San Carlos Apache Allotments outside the
exterior boundaries of the Reservation.
(f) CLAIMS. -- (1) The United States District Court for the District
of Arizona and the United States Claims Court are authorized to hear and
decide any claim brought by the Central Arizona Water Conservation
District or other contractors of CAP water. Any such claim shall be
filed within two years of the date of enactment of this Act, and shall
be heard by the court on an expedited basis. If such a claim is filed
and the court grants judgment for the plaintiff(s), the court shall
award such relief as it deems proper, and shall award costs and
attorneys' fees to the plaintiff(s). Any judgment of the court shall be
subject to appeal on the same basis that other judgments of that court
are subject to review under existing law.
(2) For purposes of this subsection, "claim" means a claim that the
reallocation of water to the Tribe pursuant to section 3704(a) of this
Act has unlawfully deprived the Central Arizona Water Conservation
District or other contractors of CAP water of legal rights to such
water.
SEC. 3709. ENVIRONMENTAL COMPLIANCE.
(a) NO MAJOR FEDERAL ACTION. -- Execution of the settlement
agreement by the Secretary as provided for in section 3710(c) shall not
constitute major Federal action under the National Environmental Policy
Act (42 U.S.C. 4321 et seq.). The Secretary shall carry out all
necessary environmental compliance during the implementation phase of
this settlement.
(b) AUTHORIZATIONS. -- There are authorized to be appropriated such
sums as may be necessary to carry out all necessary environmental
compliance associated with the settlement under this title, including
mitigation measures adopted by the Secretary.
(c) LEAD AGENCY. -- With respect to such settlement, the Bureau of
Reclamation shall be designated as the lead agency in regard to
environmental compliance, and shall coordinate and cooperate with the
other affected Federal agencies as required under applicable Federal
environmental laws.
(d) ENVIRONMENTAL ACTS. -- The Secretary shall comply with all
aspects of the National Environmental Policy Act (42 U.S.C. 4321 et
seq.) and the Endangered Species Act (16 U.S.C. 1531 et seq.), and other
applicable Federal environmental Acts and regulations in proceeding
through the implementation phase of such settlement.
SEC. 3710. MISCELLANEOUS PROVISIONS.
(a) WAIVER OF SOVEREIGN IMMUNITY. -- In the event any party to the
Agreement files a lawsuit in any United States district court relating
only and directly to the interpretation or enforcement of this title or
the Agreement, naming the United States of America or the Tribe as
parties, authorization is hereby granted to joining the United States of
America or the Tribe, or both, in any such litigation, and any claim by
the United States of America or the Tribe to sovereign immunity from
such suit is hereby waived.
(b) CERTAIN CLAIMS PROHIBITED. -- The United States of America shall
make no claims for reimbursement of costs arising out of the
implementation of this title or the Agreement against any lands within
the San Carlos Apache Indian Reservation, and no assessment shall be
made with regard to such costs against such lands.
(c) APPROVAL OF AGREEMENT. -- Except to the extent that the
Agreement conflicts with the provisions of this title, such Agreement is
hereby approved, ratified and confirmed. The Secretary shall execute
and perform such Agreement as approved, ratified and confirmed. The
Secretary is authorized to execute any amendments to the Agreement and
perform any action required by any amendments to the Agreement which may
be mutually agreed upon by the parties.
(d) GROUND WATER MANAGEMENT PLAN. -- The Secretary shall establish a
ground water management plan for the San Carlos Apache Reservation
which, except as is necessary to be consistent with the provisions of
this title, will have the same effect as a management plan developed
under Arizona law.
(e) AMENDMENT TO THE ACT OF APRIL 4, 1938. -- The Act of April 4,
1938 (52 Stat. 193; 25 U.S.C. 390), is amended by inserting immediately
before the period at the end thereof a colon and the following:
"Provided further, That concessions for recreation and fish and wildlife
purposes on San Carlos Lake may be granted only by the governing body of
the San Carlos Apache Tribe upon such conditions and subject to such
limitations as may be set forth in the constitution and bylaws of such
Tribe".
(f) SAN CARLOS RESERVOIR. -- There is hereby transferred to the
Tribe the Secretary's entitlement of 30,000 acre-feet of water, less any
evaporation and seepage losses from the date of acquisition by the
Secretary to the date of transfer, which the Secretary may have acquired
through substituting CAP water for water to which the Gila River Indian
Community and the San Carlos Irrigation and Drainage District had a
right to be released from San Carlos Reservoir and delivered to them in
1990.
(g) LIMITATION. -- No part of the Fund established by section
3707(b) of this title, including principal and income, or income from
options to lease water or water leases authorized by section 3706, may
be used to make per capita payments to members of the Tribe.
(h) DISCLAIMER. -- Nothing in this title shall be construed to
repeal, modify, amend, change or affect the Secretary's obligations to
the Ak-Chin Indian Community pursuant to the Act of October 19, 1984 (98
Stat. 2698).
(i) WATER RIGHTS. -- Nothing in this title shall be construed to
quantify or otherwise affect the water rights, claims or entitlements to
water of any Arizona tribe, band or community, other than the San Carlos
Apache Tribe.
(j) PLANET RANCH. -- The Secretary is authorized and directed to
acquire, with the consent of and upon terms mutually acceptable to the
city of Scottsdale ("city") and the Secretary, all of the city's right,
title and interest in Planet Ranch located on the Bill Williams River in
Arizona, including all water rights appurtenant to that property, and
the city's January 1988 application filed with the Arizona Department of
Water Resources to appropriate water from the Bill Williams River
through a land exchange based on fair market value. If an exchange is
made with land purchased by the Bureau of Reclamation for the
construction and operation of the Central Arizona Project, then, upon
commencement of repayment by CAWCD of the reimbursable costs of the
Central Arizona Project, the fair market value of those lands so
exchanged shall be credited in full against the annual payments due from
CAWCD under Article 9.4(a) of Contract No. 14-0906-09W-09245, Amendment
No. 1, between the United States and CAWCD dated December 1, 1988, and
any amendment or revision thereof, until exhausted: Provided, however,
That the authorized appropriation ceiling of the Central Arizona Project
shall not be affected in any manner by the provisions of this
subsection.
(k) REPEAL. -- Section 304(c)(3) of the Colorado River Basin Project
Act (43 U.S.C. 1524(c)(3)) "43 USC 1524 note" is hereby repealed. This
subsection does not authorize transportation of water pumped within the
exterior boundary of a Federal reclamation project established prior to
September 30, 1968, pursuant to the Act of June 17, 1902 (32 Stat. 388;
43 U.S.C. 391), as amended and supplemented, across project boundaries.
(l) WATER RIGHTS. -- Nothing in this title shall be construed to
affect the water rights or the water rights claims of any Federal agency
other than the Bureau of Indian Affairs on behalf of the San Carlos
Apache Tribe, nor shall anything in this title be construed to prohibit
the United States from confirming in the Agreement, except on behalf of
Indian tribes other than the San Carlos Apache Tribe, the Gila River and
Little Colorado River watershed water rights of other parties to the
Agreement by making express provisions for the same in the Agreement.
SEC. 3711. "25 USC 390 NOTE" EFFECTIVE DATE.
(a) EFFECTIVE DATE OF AUTHORIZATION. -- The authorization contained
in section 3708(b) of this title shall become effective as of the date
the Secretary causes to be published in the Federal Register a statement
of findings that --
(1) the Secretary has fulfilled the requirements of sections
3704 and 3706;
(2) the Roosevelt Water Conservation District subcontract for
agricultural water service from CAP has been revised and executed
as provided in section 3705(b);
(3) the funds authorized by section 3707(c) have been
appropriated and deposited into the Fund;
(4) the contract referred to in section 3707(a)(2) has been
amended;
(5) the State of Arizona has appropriated and deposited into
the Fund $3,000,000 as required by the Agreement;
(6) the stipulations attached to the Agreement as Exhibits "D"
and "E" have been approved; and
(7) the Agreement has been modified, to the extent it is in
conflict with this title, and has been executed by the Secretary.
(b) CONDITIONS. -- (1) If the actions described in paragraphs (1),
(2), (3), (4), (5), (6), and (7) of subsection (a) of this section have
not occurred by December 31, 1994, subsections (c) and (d) of section
3704, subsections (a) and (b) of section 3705, section 3706, subsections
(a)(2), (c), (d), and (f) of section 3707, subsections (b) and (c) of
section 3708, and subsections (a), (b), (c), (d), (e), (g), (h), (j),
and (l) of section 3710 of this title, together with any contracts
entered into pursuant to any such section or subsection, shall not be
effective on and after the date of enactment of this title, and any
funds appropriated pursuant to section 3707(c), and remaining
unobligated and unexpended on the date of the enactment of this title,
shall immediately revert to the Treasury, as general revenues, and any
funds appropriated by the State of Arizona pursuant to the Agreement,
and remaining unobligated and unexpended on the date of the enactment of
this title, shall immediately revert to the State of Arizona.
(2) Notwithstanding the provisions of paragraph (1) of this
subsection, if the provisions of subsections (a) and (b) of section 3705
of this title have been otherwise accomplished pursuant to provisions of
the Act of October 20, 1988, the provisions of paragraph (1) of this
subsection shall not be construed as affecting such subsections.
The Secretary of the Interior is authorized and directed to undertake
a demonstration project in the City and County of San Francisco to
examine the feasibility and effectiveness of using advanced ecologically
engineered technology for water reclamation and reuse in accordance with
the title 22 standards of the California Water Code. "Advanced
Ecologically Engineered Technology" refers to a greenhouse-based,
ecologically engineered technology which employs a highly populated pond
and marsh ecosystems to produce water for reclamation and reuse.
One-half of the costs associated with implementation of this title shall
be borne by the United States as a nonreimbursable cost; the other
one-half shall be borne by the State of California and the City and
County of San Francisco.
(a) Congress finds that the prestressed concrete pipe siphons
installed in the Hayden-Rhodes Aqueduct portion of the Central Arizona
Project designed and constructed by the Secretary pursuant to the
Colorado River Basin Project Act (43 U.S.C. 1501 et seq.) have been
determined to be defective, inadequate and unsuitable for aquaduct
purposes and must be replaced or substantial repairs completed for the
transfer of the operation of the Project to its local sponsors.
(b) Notwithstanding any other provision of law or contract, 50
percent of the costs incurred in the repair, modification or
replacement, together with associated costs, of the Hayden-Rhodes
Aqueduct siphons at Salt River, New River, Hassayampa River, Jackrabbit
Wash, Centennial Wash and Aqua Fria River, all features of the Central
Arizona Project, shall be borne by the United States and shall be
nonreimbursable and nonreturnable and the remaining costs shall be
allocated to the authorized purposes of the project.
SEC. 4001. SHORT TITLE.
This title may be cited as the "National Historic Preservation Act
Amendments of 1992". "16 USC 470 note"
SEC. 4002. POLICY.
Section 2 of the National Historic Preservation Act (16 U.S.C. 470-1)
is amended as follows --
(1) In paragraph (2) insert "and in the administration of the
national preservation program in partnership with States, Indian
tribes, Native Hawaiians, and local governments" after "community
of nations".
(2) In paragraph (6) insert ", Indian tribes and Native
Hawaiian organizations" after "local governments".
SEC. 4003. REVIEW OF THREATS TO PROPERTIES.
Section 101(a) of the National Historic Preservation Act (16 U.S.C.
470a(a)) is amended by adding the following new paragraph at the end
thereof:
"(8) The Secretary shall, at least once every 4 years, in
consultation with the Council and with State Historic Preservation
Officers, review significant threats to properties included in, or
eligible for inclusion on, the National Register, in order to --
"(A) determine the kinds of properties that may be threatened;
"(B) ascertain the causes of the threats; and
"(C) develop and submit to the President and Congress
recommendations for appropriate action.".
SEC. 4004. STATE HISTORIC PRESERVATION PROGRAMS.
Section 101(b) of the National Historic Preservation Act (16 U.S.C.
470a(b)) is amended as follows:
(1) Amend paragraph (2) to read as follows:
"(2)(A) Periodically, but not less than every 4 years after the
approval of any State program under this subsection, the
Secretary, in consultation with the Council on the appropriate
provisions of this Act, and in cooperation with the State Historic
Preservation Officer, shall evaluate the program to determine
whether it is consistent with this Act.
"(B) If, at any time, the Secretary determines that a major
aspect of a State program is not consistent with this Act, the
Secretary shall disapprove the program and suspend in whole or in
part any contracts or cooperative agreements with the State and
the State Historic Preservation Officer under this Act, until the
program is consistent with this Act, unless the Secretary
determines that the program will be made consistent with this Act
within a reasonable period of time.
"(C) The Secretary, in consultation with State Historic
Preservation Officers, shall establish oversight methods to ensure
State program consistency and quality without imposing undue
review burdens on State Historic Preservation Officers.
"(D) At the discretion of the Secretary, a State system of
fiscal audit and management may be substituted for comparable
Federal systems so long as the State system --
"(i) establishes and maintains substantially similar
accountability standards; and
"(ii) provides for independent professional peer review.
The Secretary may also conduct periodic fiscal audits of State programs
approved under this section as needed and shall ensure that such
programs meet applicable accountability standards.".
(2) Amend paragraph (3) as follows:
(A) In subparagraph (G), strike "relating to the Federal and
State Historic Preservation Programs; and" and insert "in
historic preservation;".
(B) In subparagraph (H), strike the period at the end thereof
and insert a semicolon.
(C) Add at the end thereof the following new subparagraphs --
"(I) consult with appropriate Federal agencies in accordance
with this Act on --
"(i) Federal undertakings that may affect historic properties;
and
"(ii) the content and sufficiency of any plans developed to
protect, manage, or reduce or mitigate harm to such properties;
and
"(J) advise and assist in the evaluation of proposals for
rehabilitation projects that may qualify for Federal assistance.".
(3) Amend paragraph (5) by striking "1980" and inserting
"1992".
(4) Add at the end thereof the following new paragraphs:
"(6)(A) Subject to subparagraphs (C) and (D), the Secretary may
enter into contracts or cooperative agreements with a State
Historic Preservation Officer for any State authorizing such
Officer to assist the Secretary in carrying out one or more of the
following responsibilities within that State --
"(i) Identification and preservation of historic properties.
"(ii) Determination of the eligibility of properties for
listing on the National Register.
"(iii) Preparation of nominations for inclusion on the National
Register.
"(iv) Maintenance of historical and archaeological data bases.
"(v) Evaluation of eligibility for Federal preservation
incentives.
Nothing in this paragraph shall be construed to provide that any State
Historic Preservation Officer or any other person other than the
Secretary shall have the authority to maintain the National Register for
properties in any State.
"(B) The Secretary may enter into a contract or cooperative
agreement under subparagraph (A) only if --
"(i) the State Historic Preservation Officer has requested the
additional responsibility;
"(ii) the Secretary has approved the State historic
preservation program pursuant to section 101(b)(1) and (2);
"(iii) the State Historic Preservation Officer agrees to carry
out the additional responsibility in a timely and efficient manner
acceptable to the Secretary and the Secretary determines that such
Officer is fully capable of carrying out such responsibility in
such manner;
"(iv) the State Historic Preservation Officer agrees to permit
the Secretary to review and revise, as appropriate in the
discretion of the Secretary, decisions made by the Officer
pursuant to such contract or cooperative agreement; and
"(v) the Secretary and the State Historic Preservation Officer
agree on the terms of additional financial assistance to the
State, if there is to be any, for the costs of carrying out such
responsibility.
"(C) For each significant program area under the Secretary's
authority, the Secretary shall establish specific conditions and
criteria essential for the assumption by State Historic
Preservation Officers of the Secretary's duties in each such
program.
"(D) Nothing in this subsection shall have the effect of
diminishing the preservation programs and activities of the
National Park Service.".
SEC. 4005. CERTIFICATION OF LOCAL GOVERNMENTS.
Section 101(c) of the National Historic Preservation Act (16 U.S.C.
470a(c)) is amended by adding at the end thereof the following new
paragraph:
"(4) For the purposes of this section the term --
"(A) 'designation' means the identification and registration of
properties for protection that meet criteria established by the
State or the locality for significant historic and prehistoric
resources within the jurisdiction of a local government; and
"(B) 'protection' means a local review process under State or
local law for proposed demolition of, changes to, or other action
that may affect historic properties designated pursuant to
subsection (c).".
SEC. 4006. TRIBAL HISTORIC PRESERVATION PROGRAMS.
(a) REVISION OF EXISTING LAW. -- Section 101 of the National
Historic Preservation Act (16 U.S.C. 470a) is amended as follows --
(1) Redesignate subsections (d), (e), (f), (g), and (h) as
subsections (e), (f), (g), (h), and (i), respectively.
(2) Insert after subsection (c) the following new subsection:
"(d)(1)(A) The Secretary shall establish a program and
promulgate regulations to assist Indian tribes in preserving their
particular historic properties. The Secretary shall foster
communication and cooperation between Indian tribes and State
Historic Preservation Officers in the administration of the
national historic preservation program to ensure that all types of
historic properties and all public interests in such properties
are given due consideration, and to encourage coordination among
Indian tribes, State Historic Preservation Officers, and Federal
agencies in historic preservation planning and in the
identification, evaluation, protection, and interpretation of
historic properties.
"(B) The program under subparagraph (A) shall be developed in
such a manner as to ensure that tribal values are taken into
account to the extent feasible. The Secretary may waive or modify
requirements of this section to conform to the cultural setting of
tribal heritage preservation goals and objectives. The tribal
programs implemented by specific tribal organizations may vary in
scope, as determined by each tribe's chief governing authority.
"(C) The Secretary shall consult with Indian tribes, other
Federal agencies, State Historic Preservation Officers, and other
interested parties and initiate the program under subparagraph (A)
by not later than October 1, 1994.
"(2) A tribe may assume all or any part of the functions of a
State Historic Preservation Officer in accordance with subsections
(b)(2) and (b)(3), with respect to tribal lands, as such
responsibilities may be modified for tribal programs through
regulations issued by the Secretary, if --
"(A) the tribe's chief governing authority so requests;
"(B) the tribe designates a tribal preservation official to
administer the tribal historic preservation program, through
appointment by the tribe's chief governing authority or as a
tribal ordinance may otherwise provide;
"(C) the tribal preservation official provides the Secretary
with a plan describing how the functions the tribal preservation
official proposes to assume will be carried out;
"(D) the Secretary determines, after consulting with the tribe,
the appropriate State Historic Preservation Officer, the Council
(if the tribe proposes to assume the functions of the State
Historic Preservation Officer with respect to review of
undertakings under section 106), and other tribes, if any, whose
tribal or aboriginal lands may be affected by conduct of the
tribal preservation program --
"(i) that the tribal preservation program is fully capable of
carrying out the functions specified in the plan provided under
subparagraph (C);
"(ii) that the plan defines the remaining responsibilities of
the Secretary and the State Historic Preservation Officer;
"(iii) that the plan provides, with respect to properties
neither owned by a member of the tribe nor held in trust by the
Secretary for the benefit of the tribe, at the request of the
owner thereof, the State Historic Preservation Officer, in
addition to the tribal preservation official, may exercise the
historic preservation responsibilities in accordance with
subsections (b)(2) and (b)(3); and
"(E) based on satisfaction of the conditions stated in
subparagraphs (A), (B), (C), and (D), the Secretary approves the
plan.
"(3) In consultation with interested Indian tribes, other
Native American organizations and affected State Historic
Preservation Officers, the Secretary shall establish and implement
procedures for carrying out section 103(a) with respect to tribal
programs that assume responsibilities under paragraph (2).
"(4) At the request of a tribe whose preservation program has
been approved to assume functions and responsibilities pursuant to
paragraph (2), the Secretary shall enter into contracts or
cooperative agreements with such tribe permitting the assumption
by the tribe of any part of the responsibilities referred to in
subsection (b)(6) on tribal land, if --
"(A) the Secretary and the tribe agree on additional financial
assistance, if any, to the tribe for the costs of carrying out
such authorities;
"(B) the Secretary finds that the tribal historic preservation
program has been demonstrated to be sufficient to carry out the
contract or cooperative agreement and this Act; and
"(C) the contract or cooperative agreement specifies the
continuing responsibilities of the Secretary or of the appropriate
State Historic Preservation Officers and provides for appropriate
participation by --
"(i) the tribe's traditional cultural authorities;
"(ii) representatives of other tribes whose traditional lands
are under the jurisdiction of the tribe assuming responsibilities;
and
"(iii) the interested public.
"(5) The Council may enter into an agreement with an Indian
tribe to permit undertakings on tribal land to be reviewed under
tribal historic preservation regulations in place of review under
regulations promulgated by the Council to govern compliance with
section 106, if the Council, after consultation with the tribe and
appropriate State Historic Preservation Officers, determines that
the tribal preservation regulations will afford historic
properties consideration equivalent to those afforded by the
Council's regulations.
"(6)(A) Properties of traditional religious and cultural
importance to an Indian tribe or Native Hawaiian organization may
be determined to be eligible for inclusion on the National
Register.
"(B) In carrying out its responsibilities under section 106, a
Federal agency shall consult with any Indian tribe or Native
Hawaiian organization that attaches religious and cultural
significance to properties described in subparagraph (A).
"(C) In carrying out his or her responsibilities under
subsection (b)(3), the State Historic Preservation Officer for the
State of Hawaii shall --
"(i) consult with Native Hawaiian organizations in assessing
the cultural significance of any property in determining whether
to nominate such property to the National Register;
"(ii) consult with Native Hawaiian organizations in developing
the cultural component of a preservation program or plan for such
property; and
"(iii) enter into a memorandum of understanding or agreement
with Native Hawaiian organizations for the assessment of the
cultural significance of a property in determining whether to
nominate such property to the National Register and to carry out
the cultural component of such preservation program or plan.".
(b) CONFORMING AMENDMENT. -- Section 110(c) of the National Historic
Preservation Act (16 U.S.C. 470h-2(c)) is amended by striking "101(g)"
and inserting "101(h)".
SEC. 4007. MATCHING GRANTS.
Section 101(e) "16 USC 470a" of the National Historic Preservation
Act, as redesignated by section 4006(a)(1) of this title, is amended as
follows --
(1) Amend paragraph (1) to read as follows:
"(1) The Secretary shall administer a program of matching grants to
the States for the purposes of carrying out this Act.".
(2) Add the following at the end thereof:
"(4) Grants may be made under this subsection for the preservation,
stabilization, restoration, or rehabilitation of religious properties
listed in the National Register of Historic Places, provided that the
purpose of the grant is secular, does not promote religion, and seeks to
protect those qualities that are historically significant. Nothing in
this paragraph shall be construed to authorize the use of any funds made
available under this section for the acquisition of any property
referred to in the preceding sentence.".
"(5) The Secretary shall administer a program of direct grants to
Indian tribes and Native Hawaiian organizations for the purpose of
carrying out this Act as it pertains to Indian tribes and Native
Hawaiian organizations. Matching fund requirements may be modified.
Federal funds available to a tribe or Native Hawaiian organization may
be used as matching funds for the purposes of the tribe's or
organization's conducting its responsibilities pursuant to this section.
"(6)(A) As part of the program of matching grant assistance from the
Historic Preservation Fund to States, the Secretary shall administer a
program of direct grants to the Federated States of Micronesia, the
Republic of the Marshall Islands, the Trust Territory of the Pacific
Islands, and upon termination of the Trusteeship Agreement for the Trust
Territory of the Pacific Islands, the Republic of Palau (referred to as
the Micronesian States) in furtherance of the Compact of Free
Association between the United States and the Federated States of
Micronesia and the Marshall Islands, approved by the Compact of Free
Association Act of 1985 (48 U.S.C. 1681 note), the Trusteeship Agreement
for the Trust Territory of the Pacific Islands, and the Compact of Free
Association between the United States and Palau, approved by the Joint
Resolution entitled 'Joint Resolution to approve the "Compact of Free
Association" between the United States and Government of Palau, and for
other purposes' (48 U.S.C. 1681 note). The goal of the program shall be
to establish historic and cultural preservation programs that meet the
unique needs of each Micronesian State so that at the termination of the
compacts the programs shall be firmly established. The Secretary may
waive or modify the requirements of this section to conform to the
cultural setting of those nations.
"(B) The amounts to be made available to the Micronesian States shall
be allocated by the Secretary on the basis of needs as determined by the
Secretary. Matching funds may be waived or modified.".
SEC. 4008. EDUCATION AND TRAINING.
Section 101 of the National Historic Preservation Act (16 U.S.C.
470a), as amended by section 4005 of this Act, is further amended by
adding at the end thereof the following new subsection:
"(j)(1) The Secretary shall, in consultation with the Council and
other appropriate Federal, tribal, Native Hawaiian, and non-Federal
organizations, develop and implement a comprehensive preservation
education and training program.
"(2) The education and training program described in paragraph (1)
shall include --
"(A) new standards and increased preservation training
opportunities for Federal workers involved in preservation-related
functions;
"(B) increased preservation training opportunities for other
Federal, State, tribal and local government workers, and students;
"(C) technical or financial assistance, or both, to
historically black colleges and universities, to tribal colleges,
and to colleges with a high enrollment of Native Americans or
Native Hawaiians, to establish preservation training and degree
programs;
"(D) coordination of the following activities, where
appropriate, with the National Center for Preservation Technology
and Training --
"(i) distribution of information on preservation technologies;
"(ii) provision of training and skill development in trades,
crafts, and disciplines related to historic preservation in
Federal training and development programs; and
"(iii) support for research, analysis, conservation, curation,
interpretation, and display related to preservation.".
SEC. 4009. REQUIREMENTS FOR AWARDING OF GRANTS.
Section 102 of the National Historic Preservation Act (16 U.S.C.
470b) is amended as follows:
(1) Amend paragraph (3) of subsection (a) to read as follows:
"(3) for more than 60 percent of the aggregate costs of
carrying out projects and programs under the administrative
control of the State Historic Preservation Officer as specified in
section 101(b)(3) in any one fiscal year.".
(2) In subsection (b) strike ", in which case a grant to the
National Trust may include funds for the maintenance, repair, and
administration of the property in a manner satisfactory for the
Secretary".
(3) Add at the end thereof the following new subsections:
"(d) The Secretary shall make funding available to individual
States and the National Trust for Historic Preservation as soon as
practicable after execution of a grant agreement. For purposes of
administration, grants to individual States and the National Trust
each shall be considered to be one grant and shall be administered
by the National Park Service as such.
"(e) The total administrative costs, direct and indirect,
charged for carrying out State projects and programs may not
exceed 25 percent of the aggregate costs except in the case of
grants under section 101(e)(6).".
SEC. 4010. APPORTIONMENT OF GRANT FUNDS.
Section 103 of the National Historic Preservation Act (16 U.S.C.
470c) is amended as follows --
(1) In subsection (a) strike "for comprehensive statewide
historic surveys and plans under this Act", and insert "for the
purposes this Act".
(2) In subsection (b) strike "by the Secretary in accordance
with needs as disclosed in approved statewide historic
preservation plans." and insert "as the Secretary determines to be
appropriate.".
(3) At the end of subsection (b) insert "The Secretary shall
analyze and revise as necessary the method of apportionment. Such
method and any revision thereof shall be published by the
Secretary in the Federal Register.".
SEC. 4011. EXTENSION OF AUTHORIZATION FOR HISTORIC PRESERVATION
FUND.
Section 108 "16 USC 470h" of the National Historic Preservation Act
(16 U.S.C. 470h-2) is amended by striking "1992" and inserting "1997".
SEC. 4012. FEDERAL AGENCY HISTORIC PRESERVATION PROGRAMS.
Section 110 of the National Historic Preservation Act (16 U.S.C.
470h-2) is amended as follows --
(1) In subsection (a)(1) strike "101(f)" and insert "101(g)".
(2) Amend subsection (a)(2) to read as follows:
"(2) Each Federal agency shall establish (unless exempted
pursuant to section 214), in consultation with the Secretary, a
preservation program for the identification, evaluation, and
nomination to the National Register of Historic Places, and
protection of historic properties. Such program shall ensure --
"(A) that historic properties under the jurisdiction or control
of the agency, are identified, evaluated, and nominated to the
National Register;
"(B) that such properties under the jurisdiction or control of
the agency as are listed in or may be eligible for the National
Register are managed and maintained in a way that considers the
preservation of their historic, archaeological, architectural, and
cultural values in compliance with section 106 and gives special
consideration to the preservation of such values in the case of
properties designated as having National significance;
"(C) that the preservation of properties not under the
jurisdiction or control of the agency, but subject to be
potentially affected by agency actions are given full
consideration in planning;
"(D) that the agency's preservation-related activities are
carried out in consultation with other Federal, State, and local
agencies, Indian tribes, Native Hawaiian organizations carrying
out historic preservation planning activities, and with the
private sector; and
"(E) that the agency's procedures for compliance with section
106 --
"(i) are consistent with regulations issued by the Council
pursuant to section 211;
"(ii) provide a process for the identification and evaluation
of historic properties for listing in the National Register and
the development and implementation of agreements, in consultation
with State Historic Preservation Officers, local governments,
Indian tribes, Native Hawaiian organizations, and the interested
public, as appropriate, regarding the means by which adverse
effects on such properties will be considered; and
"(iii) provide for the disposition of Native American cultural
items from Federal or tribal land in a manner consistent with
section 3(c) of the Native American Grave Protection and
Repatriation Act (25 U.S.C. 3002(c)).".
(3) Add at the end thereof the following new subsections:
"(k) Each Federal agency shall ensure that the agency will not
grant a loan, loan guarantee, permit, license, or other assistance
to an applicant who, with intent to avoid the requirements of
section 106, has intentionally significantly adversely affected a
historic property to which the grant would relate, or having legal
power to prevent it, allowed such significant adverse effect to
occur, unless the agency, after consultation with the Council,
determines that circumstances justify granting such assistance
despite the adverse effect created or permitted by the applicant.
"(l) With respect to any undertaking subject to section 106
which adversely affects any property included in or eligible for
inclusion in the National Register, and for which a Federal agency
has not entered into an agreement with the Council, the head of
such agency shall document any decision made pursuant to section
106. The head of such agency may not delegate his or her
responsibilities pursuant to such section. Where a section 106
memorandum of agreement has been executed with respect to an
undertaking, such memorandum shall govern the undertaking and all
of its parts.".
SEC. 4013. LEASE OR EXCHANGE OF FEDERAL HOUSING PROPERTIES.
Section 111(a) of the National Historic Preservation Act (16 U.S.C.
470h-3(a)) is amended by striking "may, after consultation with the
Advisory Council on Historic Preservation," and inserting "after
consultation with the Council, shall, to the extent practicable,
establish and implement alternatives for historic properties, including
adaptive use, that are not needed for current or projected agency
purposes, and may".
SEC. 4014. PROFESSIONAL STANDARDS.
Title I of the National Historic Preservation Act (16 U.S.C. 470 et
seq.) is amended by adding at the end thereof the following new section:
"SEC. 112. "16 USC 470h-4" PROFESSIONAL STANDARDS.
"(a) IN GENERAL. -- Each Federal agency that is responsible for the
protection of historic resources, including archaeological resources
pursuant to this Act or any other law shall ensure each of the following
--
"(1)(A) All actions taken by employees or contractors of such
agency shall meet professional standards under regulations
developed by the Secretary in consultation with the Council, other
affected agencies, and the appropriate professional societies of
the disciplines involved, specifically archaeology, architecture,
conservation, history, landscape architecture, and planning.
"(B) Agency personnel or contractors responsible for historic
resources shall meet qualification standards established by the
Office of Personnel Management in consultation with the Secretary
and appropriate professional societies of the disciplines
involved. The Office of Personnel Management shall revise
qualification standards within 2 years after the date of enactment
of this Act for the disciplines involved, specifically
archaeology, architecture, conservation, curation, history,
landscape architecture, and planning. Such standards shall
consider the particular skills and expertise needed for the
preservation of historic resources and shall be equivalent
requirements for the disciplines involved.
"(2) Records and other data, including data produced by
historical research and archaeological surveys and excavations are
permanently maintained in appropriate data bases and made
available to potential users pursuant to such regulations as the
Secretary shall promulgate.
"(b) GUIDELINES. -- In order to promote the preservation of historic
resources on properties eligible for listing in the National Register,
the Secretary shall, in consultation with the Council, promulgate
guidelines to ensure that Federal, State, and tribal historic
preservation programs subject to this Act include plans to --
"(1) provide information to the owners of properties containing
historic (including architectural, curatorial, and archaeological)
resources with demonstrated or likely research significance, about
the need for protection of such resources, and the available means
of protection;
"(2) encourage owners to preserve such resources intact and in
place and offer the owners of such resources information on the
tax and grant assistance available for the donation of the
resources or of a preservation easement of the resources;
"(3) encourage the protection of Native American cultural items
(within the meaning of section 2 (3) and (9) of the Native
American Grave Protection and Repatriation Act (25 U.S.C. 3001 (3)
and (9)) and of properties of religious or cultural importance to
Indian tribes, Native Hawaiians, or other Native American groups;
and
"(4) encourage owners who are undertaking archaeological
excavations to --
"(A) conduct excavations and analyses that meet standards for
federally-sponsored excavations established by the Secretary;
"(B) donate or lend artifacts of research significance to an
appropriate research institution;
"(C) allow access to artifacts for research purposes; and
"(D) prior to excavating or disposing of a Native American
cultural item in which an Indian tribe or Native Hawaiian
organization may have an interest under section 3(a)(2) (B) or (C)
of the Native American Grave Protection and Repatriation Act (25
U.S.C. 3002(a)(2) (B) and (C)), given notice to and consult with
such Indian tribe or Native Hawaiian organization.".
SEC. 4015. INTERSTATE AND INTERNATIONAL TRAFFIC IN ANTIQUITIES.
Title I of the National Historic Preservation Act (16 U.S.C. 470 et
seq.) is amended by adding at the end thereof of the following new
section after section 112:
"SEC. 113. "16 USC 470h-5" INTERSTATE AND INTERNATIONAL TRAFFIC IN
ANTIQUITIES.
"(a) STUDY. -- In order to help control illegal interstate and
international traffic in antiquities, including archaeological,
curatorial, and architectural objects, and historical documents of all
kinds, the Secretary shall study and report on the suitability and
feasibility of alternatives for controlling illegal interstate and
international traffic in antiquities.
"(b) CONSULTATION. -- In conducting the study described in
subsection (a) the Secretary shall consult with the Council and other
Federal agencies that conduct, cause to be conducted, or permit
archaeological surveys or excavations or that have responsibilities for
other kinds of antiquities and with State Historic Preservation
Officers, archaeological, architectural, historical, conservation, and
curatorial organizations, Indian tribes, Native Hawaiian organizations,
and other Native American organizations, international organizations and
other interested persons.
"(c) REPORT. -- Not later than 18 months after the date of enactment
of this section, the Secretary shall submit to Congress a report
detailing the Secretary's findings and recommendations from the study
described in subsection (a).
"(d) AUTHORIZATION. -- There are authorized to be appropriated not
more than $500,000 for the study described in subsection (a), such sums
to remain available until expended.".
SEC. 4016. MEMBERSHIP OF ADVISORY COUNCIL ON HISTORIC PRESERVATION.
Section 201(a) of the National Historic Preservation Act (16 U.S.C.
470i(a)) is amended as follows:
(1) Strike "and" at the end of paragraph (9).
(2) Strike the period at the end of paragraph (10) and insert
"; and".
(3) Add at the end thereof the following new paragraph:
"(11) one member of an Indian tribe or Native Hawaiian
organization who represents the interests of the tribe or
organization of which he or she is a member, appointed by the
President.".
SEC. 4017. "16 USC 470t" AUTHORIZATION OF APPROPRIATIONS FOR
ADVISORY COUNCIL ON HISTORIC PRESERVATION.
Section 212(a) of the National Historic Preservation Act (16 U.S.C.
470) and following is amended by striking the last sentence thereof and
inserting "There are authorized to be appropriated for purposes of this
title not to exceed $5,000,000 for each of the fiscal years 1993 through
1996.".
SEC. 4018. ADVISORY COUNCIL REGULATIONS.
Section 211 of the National Historic Preservation Act (16 U.S.C.
470s) is amended by striking the period at the end of the first sentence
and inserting "in its entirety.".
SEC. 4019. DEFINITIONS.
(a) AMENDMENT AND ADDITION OF DEFINITIONS. -- Section 301 of the
National Historic Preservation Act (16 U.S.C. 470w) is amended as
follows --
(1) In paragraph (1) strike "Code," and all that follows
through the end of the paragraph, and insert in lieu thereof
"Code.".
(2) In paragraph (2) strike "the Trust Territories of the
Pacific Islands" and insert "the Trust Territory of the Pacific
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and, upon termination of the Trusteeship
Agreement for the Trust Territory of the Pacific Islands, the
Republic of Palau".
(3) Amend paragraph (4) to read as follows:
"(4) 'Indian tribe' or 'tribe' means an Indian tribe, band,
nation, or other organized group or community, including a Native
village, Regional Corporation or Village Corporation, as those
terms are defined in section 3 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602), which is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.".
(4) In paragraph (5) strike "Register" and all that follows
through the end of the paragraph and insert "Register, including
artifacts, records, and material remains related to such a
property or resource.".
(5) Amend paragraph (7) to read as follows:
"(7) 'Undertaking' means a project, activity, or program funded
in whole or in part under the direct or indirect jurisdiction of a
Federal agency, including --
"(A) those carried out by or on behalf of the agency;
"(B) those carried out with Federal financial assistance;
"(C) those requiring a Federal permit license, or approval;
and
"(D) those subject to State or local regulation administered
pursuant to a delegation or approval by a Federal agency.".
(6) In paragraph (8) strike "maintenance and reconstruction,"
and insert "maintenance, research, interpretation, conservation,
and education and training regarding the foregoing activities,".
(7) In paragraph (9) strike "urban area" and insert "area".
(8) In paragraph (10) strike "urban area of one or more
neighborhoods and" and insert "area".
(9) In paragraph (11) after "of the Interior" insert "acting
through the Director of the National Park Service".
(10) In paragraph (12) strike "and architecture" and insert
"architecture, folklore, cultural anthropology, curation,
conservation, and landscape architecture".
(11) In paragraph (13) strike "archaeology" and insert
"prehistoric and historic archaeology, folklore, cultural
anthropology, curation, conservation, and landscape architecture".
(12) Add at the end thereof the following new paragraphs:
"(14) 'Tribal lands' means --
"(A) all lands within the exterior boundaries of any Indian
reservation; and
"(B) all dependent Indian communities.
"(15) 'Certified local government' means a local government
whose local historic preservation program has been certified
pursuant to section 101(c).
"(16) 'Council' means the Advisory Council on Historic
Preservation established by section 201.
"(17) 'Native Hawaiian' means any individual who is a
descendant of the aboriginal people who, prior to 1778, occupied
and exercised sovereignty in the area that now constitutes the
State of Hawaii.
"(18) 'Native Hawaiian organization' means any organization
which --
"(A) serves and represents the interests of Native Hawaiians;
"(B) has as a primary and stated purpose the provision of
services to Native Hawaiians; and
"(C) has demonstrated expertise in aspects of historic
preservation that are culturally significant to Native Hawaiians.
The term includes, but is not limited to, the Office of Hawaiian Affairs
of the State of Hawaii and Hui Malama I Na Kupuna O Hawai'i Nei, an
organization incorporated under the laws of the State of Hawaii.".
(b) TECHNICAL AMENDMENT. -- Section 201(a) of the National Historic
Preservation Act (16 U.S.C. 470i(a)) is amended by striking "(hereafter
referred to as the 'Council')".
SEC. 4020. ACCESS TO INFORMATION.
Section 304 "16 USC 470w-3" of the National Historic Preservation Act
(16 U.S.C. 4702-3) is amended to read as follows:
"SEC. 304. ACCESS TO INFORMATION.
"(a) AUTHORITY TO WITHHOLD FROM DISCLOSURE. -- The head of a Federal
agency or other public official receiving grant assistance pursuant to
this Act, after consultation with the Secretary, shall withhold from
disclosure to the public, information about the location, character, or
ownership of a historic resource if the Secretary and the agency
determine that disclosure may --
"(1) cause a significant invasion of privacy;
"(2) risk harm to the historic resources; or
"(3) impede the use of a traditional religious site by
practitioners.
"(b) ACCESS DETERMINATION. -- When the head of a Federal agency or
other public official has determined that information should be withheld
from the public pursuant to subsection (a), the Secretary, in
consultation with such Federal agency head or official, shall determine
who may have access to the information for the purpose of carrying out
this Act.
"(c) CONSULTATION WITH COUNCIL. -- When the information in question
has been developed in the course of an agency's compliance with section
106 or 110(f), the Secretary shall consult with the Council in reaching
determinations under subsections (a) and (b).".
SEC. 4021. "16 USC 470a NOTE" RECOMMENDATIONS.
The Secretary of the Interior, in consultation with the Advisory
Council, shall seek to ensure that historic properties preserved under
the National Historic Preservation Act fully reflect the historical
experience of this nation.
SEC. 4022. NATIONAL CENTER FOR PRESERVATION TECHNOLOGY AND TRAINING.
The National Historic Preservation Act (16 U.S.C. 470 and following)
is amended by adding the following at the end thereof:
"SEC. 401. "16 USC 470x" FINDINGS.
"The Congress finds and declares that, given the complexity of
technical problems encountered in preserving historic properties and the
lack of adequate distribution of technical information to preserve such
properties, a national initiative to coordinate and promote research,
distribute information, and provide training about preservation skills
and technologies would be beneficial.
"SEC. 402. "16 USC 470x-1" DEFINITIONS.
"For the purposes of this title --
"(1) The term 'Board' means the National Preservation
Technology and Training Board established pursuant to section 404.
"(2) The term 'Center' means the National Center for
Preservation Technology and Training established pursuant to
section 403.
"(3) The term 'Secretary' means the Secretary of the Interior.
"SEC. 403. "16 USC 470x-2" ESTABLISHMENT OF NATIONAL CENTER.
"(a) ESTABLISHMENT. -- There is hereby established within the
Department of the Interior a National Center for Preservation Technology
and Training. The Center shall be located at Northwestern State
University of Louisiana in Natchitoches, Louisiana.
"(b) PURPOSES. -- The purposes of the Center shall be to --
"(1) develop and distribute preservation and conservation
skills and technologies for the identification, evaluation,
conservation, and interpretation of prehistoric and historic
resources;
"(2) develop and facilitate training for Federal, State and
local resource preservation professionals, cultural resource
managers, maintenance personnel, and others working in the
preservation field;
"(3) take steps to apply preservation technology benefits from
ongoing research by other agencies and institutions;
"(4) facilitate the transfer of preservation technology among
Federal agencies, State and local governments, universities,
international organizations, and the private sector; and
"(5) cooperate with related international organizations
including, but not limited to the International Council on
Monuments and Sites, the International Center for the Study of
Preservation and Restoration of Cultural Property, and the
International Council on Museums.
"(c) PROGRAMS. -- Such purposes shall be carried out through
research, professional training, technical assistance, and programs for
public awareness, and through a program of grants established under
section 405.
"(d) EXECUTIVE DIRECTOR. -- The Center shall be headed by an
Executive Director with demonstrated expertise in historic preservation
appointed by the Secretary with advice of the Board.
"(e) ASSISTANCE FROM SECRETARY. -- The Secretary shall provide the
Center assistance in obtaining such personnel, equipment, and facilities
as may be needed by the Center to carry out its activities.
"SEC. 404. "16 USC 470x-3" PRESERVATION TECHNOLOGY AND TRAINING
BOARD.
"(a) ESTABLISHMENT. -- There is established a Preservation
Technology and Training Board.
"(b) DUTIES. -- The Board shall --
"(1) provide leadership, policy advice, and professional
oversight to the Center;
"(2) advise the Secretary on priorities and the allocation of
grants among the activities of the Center; and
"(3) submit an annual report to the President and the Congress.
"(c) MEMBERSHIP. -- The Board shall be comprised of --
"(1) the Secretary, or the Secretary's designee;
"(2) 6 members appointed by the Secretary who shall represent
appropriate Federal, State, and local agencies, State and local
historic preservation commissions, and other public and
international organizations, and
"(3) 6 members appointed by the Secretary on the basis of
outstanding professional qualifications who represent major
organizations in the fields of archaeology, architecture,
conservation, curation, engineering, history, historic
preservation, landscape architecture, planning, or preservation
education.
"SEC. 405. "16 USC 470x-4" PRESERVATION GRANTS.
"(a) IN GENERAL. -- The Secretary, in consultation with the Board,
shall provide preservation technology and training grants to eligible
applicants with a demonstrated institutional capability and commitment
to the purposes of the Center, in order to ensure an effective and
efficient system of research, information distribution and skills
training in all the related historic preservation fields.
"(b) GRANT REQUIREMENTS. -- (1) Grants provided under this section
shall be allocated in such a fashion to reflect the diversity of the
historic preservation fields and shall be geographically distributed.
"(2) No grant recipient may receive more than 10 percent of the
grants allocated under this section within any year.
"(3) The total administrative costs, direct and indirect, charged for
carrying out grants under this section may not exceed 25 percent of the
aggregate costs.
"(c) ELIGIBLE APPLICANTS. -- Eligible applicants may include Federal
and non-Federal laboratories, accredited museums, universities,
nonprofit organizations; offices, units, and Cooperative Park Study
Units of the National Park System, State Historic Preservation Offices,
tribal preservation offices, and Native Hawaiian organizations.
"(d) STANDARDS. -- All such grants shall be awarded in accordance
with accepted professional standards and methods, including peer review
of projects.
"(e) AUTHORIZATION OF APPROPRIATIONS. -- There is authorized to be
appropriated to carry out this section such sums as may be necessary.
"SEC. 406. "16 USC 470x-5" GENERAL PROVISIONS.
"(a) ACCEPTANCE OF GRANTS AND TRANSFERS. -- The Center may accept --
"(1) grants and donations from private individuals, groups,
organizations, corporations, foundations, and other entities; and
"(2) transfers of funds from other Federal agencies.
"(b) CONTRACTS AND COOPERATIVE AGREEMENTS. -- Subject to
appropriations, the Center may enter into contracts and cooperative
agreements with Federal, State, local, and tribal governments, Native
Hawaiian organizations, educational institutions, and other public
entities to carry out the Center's responsibilities under this title.
"(c) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated such sums as may be necessary for the establishment,
operation, and maintenance of the Center. Funds for the Center shall be
in addition to existing National Park Service programs, centers, and
offices.
"SEC. 407. "16 USC 470x-6" NATIONAL PARK SERVICE PRESERVATION.
"In order to improve the use of existing National Park Service
resources, the Secretary shall fully utilize and further develop the
National Park Service preservation (including conservation) centers and
regional offices. The Secretary shall improve the coordination of such
centers and offices within the National Park Service, and shall, where
appropriate, coordinate their activities with the Center and with other
appropriate parties.".
SEC. 4023. REQUIREMENT FOR SPECIFIC AUTHORIZATION FOR PROJECTS UNDER
THE HISTORIC SITES, BUILDINGS, AND ANTIQUITIES ACT.
Section 6 "16 USC 466" of the Act entitled "An Act to provide for the
preservation of historic American sites, buildings, objects, and
antiquities of national significance, and for other purposes" (16 U.S.C.
461-467) is amended to read as follows:
"SEC. 6. REQUIREMENT FOR SPECIFIC AUTHORIZATION FOR PROJECTS UNDER
THE HISTORIC SITES, BUILDINGS, AND ANTIQUITIES ACT.
"(a) IN GENERAL. -- Except as provided in subsection (b),
notwithstanding any other provision of law, no funds appropriated or
otherwise made available to the Secretary of the Interior to carry out
section 2(e) or 2(f) may be obligated or expended after the date of
enactment of this section --
"(1) unless the appropriation of such funds has been
specifically authorized by law enacted on or after the date of
enactment of this section; or
"(2) in excess of the amount prescribed by law enacted on or
after such date.
"(b) SAVINGS PROVISION. -- Nothing in this section shall prohibit or
limit the expenditure or obligation of any funds appropriated prior to
January 1, 1993.
"(c) AUTHORIZATION OF APPROPRIATIONS. -- Except as provided by
subsection (a), there is authorized to be appropriated for carrying out
the purposes of this Act such sums as the Congress may from time to time
determine.".
SEC. 4024. MARTIN LUTHER KING, JUNIOR, NATIONAL HISTORIC SITE AND
PRESERVATION DISTRICT.
(a) BOUNDARY MODIFICATION. -- Subsection (a) of the first section of
the Act entitled "An Act to establish the Martin Luther King, Junior,
National Historical Site in the State of Georgia, and for other
purposes" "16 USC 461 note" (Public Law 96-428; 94 Stat. 1839),
establishing the Martin Luther King, Junior, National Historic Site and
Preservation District, is amended by striking "numbered NASM/SERO/20,
109-C, and dated May 1980" and inserting in lieu thereof "number
489/80,013B, and dated September 1992".
(b) LIMITATION ON APPROPRIATIONS. -- Section 6 "16 USC 461 note" of
Public Law 96-0428 (94 Stat. 1842) is amended by striking ", but not to
exceed $1,000,000 for development, $100,000 for local planning, and
$3,500,000 for the acquisition of lands and interests therein".
SEC. 4025. "16 USC 470a NOTE" SECRETARIAL REPORT.
(a) REPORT. -- Not later than one year after the date of enactment
of this Act, the Secretary of the Interior shall prepare and submit to
the Congress a report on the manner in which properties are listed or
determined to be eligible for listing on the National Register,
including but not limited to, the appropriateness of the criteria used
in determining such eligibility, and the effect, if any, of such listing
or finding of eligibility.
(b) PREPARATION. -- In preparing the report, the Secretary shall
consult with, and consider the views and comments of other Federal
agencies, as well as interested individuals and public and private
organizations, and shall include representative comments received as an
appendix to the report.
Approved October 30, 1992.
LEGISLATIVE HISTORY -- H.R. 429:
HOUSE REPORTS: Nos. 102-114, Pt. 1 (Comm. on Interior and Insular
Affairs) and 102-1016 (Comm. of Conference).
SENATE REPORTS: No. 102-267 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD: Vol. 137 (1991): June 20, considered and
passed House. Vol. 138 (1992): Apr. 10, considered and passed Senate,
amended. June 18, House concurred in Senate amendment with an
amendment. July 31, Senate concurred in House amendment with an
amendment; vitiated concurrence in House amendment with an amendment;
and insisted on its amendment. Oct. 5, House agreed to conference
report. Oct. 8, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): Oct.
30, Presidential statement.
Public Law 102-574, 106 Stat. 4593
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 4501 note" SHORT TITLE.
This Act may be cited as the "Hawaii Tropical Forest Recovery Act".
SEC. 2. HAWAII TROPICAL FOREST RECOVERY.
(a) IN GENERAL. -- The International Forestry Cooperation Act of
1990 (16 U.S.C. 4501 et seq.) is amended --
(1) by redesignating sections 605, 606, and 607 "16 USC 4504,
4505" as sections 609, 610, and 611, respectively; and
(2) by inserting after section 604 the following new sections:
"SEC. 605. "16 USC 4503a" INSTITUTE OF PACIFIC ISLANDS FORESTRY.
"(a) EXPANSION. -- The Secretary shall expand the capabilities of
and construct additional facilities, as funds are appropriated for the
expansion and construction, at --
"(1) the Institute of Pacific Islands Forestry; and
"(2) tropical forests in the State of Hawaii.
"(b) TROPICAL FORESTRY PLAN. --
"(1) IN GENERAL. -- Not later than 1 year after the date of
receipt by the Secretary of the action plan required by section
5(b) of the Hawaii Tropical Forest Recovery Act, the Secretary
shall prepare and submit to the Committee on Agriculture and the
Committee on Interior and Insular Affairs of the House of
Representatives, the Committee on Agriculture, Nutrition, and
Forestry of the Senate, and to the Committees on Appropriations of
the House of Representatives and Senate, a tropical forestry plan
to expand the capabilities of and construct additional facilities
under subsection (a).
"(2) ELEMENTS. -- The plan shall provide for --
"(A) the establishment of a model center for research,
demonstration, education, training, and outreach activities
suitable for transferring scientific, technical, managerial, and
administrative assistance to governmental and non-governmental
organizations seeking to address problems associated with tropical
forests within and outside the United States;
"(B) the acquisition or construction of facilities for
research, classroom instruction, and housing near an experimental
tropical forest in the State of Hawaii;
"(C) the acquisition or construction of facilities for the
study and recovery of endangered tropical wildlife, fish, and
plant species and the restoration of their habitats;
"(D) the study of biological control of non-native species that
degrade or destroy native forest ecosystems;
"(E) achieving a better understanding of global climate change
and the significance of achieving a reduction of greenhouse gases
through research associated with the unique atmospheric conditions
found in Hawaii and the Pacific Ocean;
"(F) a review of the extent to which existing Federal forestry
programs can be utilized to achieve the purposes of the plan; and
"(G) the establishment of experimental tropical forests in the
State of Hawaii as authorized by section 606.
"(3) CAPABILITY. -- In preparing elements of the plan that
address paragraph (2)(F), the Secretary shall identify the
capability of the plan --
"(A) to promote a greater understanding of tropical forest
ecosystem processes, conservation biology, and biodiversity
management;
"(B) to demonstrate the various benefits of maintaining a
tropical forest reserve system;
"(C) to promote sound watershed and forest management;
"(D) to develop compatible land uses adjacent to protected
natural areas; and
"(E) to develop new methods of reclaiming and restoring
degraded lands.
"SEC. 606. "16 USC 4503b" HAWAII EXPERIMENTAL TROPICAL FOREST.
"(a) DEFINITIONS. -- As used in this section:
"(1) FOREST. -- The term 'Forest' means the Hawaii
Experimental Tropical Forest.
"(2) GOVERNOR. -- The term 'Governor' means the Governor of
Hawaii.
"(3) LANDS. -- The term 'lands' means lands, waters, and
interests in lands and waters.
"(4) STATE. -- The term 'State' means the State of Hawaii.
"(b) ESTABLISHMENT AND MANAGEMENT. -- At the request of the
Governor, the Secretary shall establish and administer within the State
a Hawaii Experimental Tropical Forest. The Forest shall be managed as
--
"(1) a model of quality tropical forest management where
harvesting on a sustainable yield basis can be demonstrated in
balance with natural resource conservation;
"(2) a site for research on tropical forestry, conservation
biology, and natural resource management; and
"(3) a center for demonstration, education, training, and
outreach on tropical forestry, conservation biology, and natural
resources research and management.
"(c) DELINEATION OF THE LOCATION OF THE FOREST. --
"(1) IDENTIFICATION OF LANDS. -- The Governor and the
Secretary shall identify one or more suitable sites for the Forest
in lands within the State. The identification of each site shall
be based on scientific, ecological, administrative, and such other
factors as the Governor and Secretary consider to be necessary or
desirable to achieve the purposes of this section. Each site
identified pursuant to the preceding sentence shall be of
sufficient size and located so that the site can be effectively
managed for Forest purposes.
"(2) EXTERIOR BOUNDARIES. -- The exterior boundaries of the
Forest, including the boundaries of all sites identified for
Forest purposes, shall be delineated on an official map. The map
shall be available for public inspection in the office of the
Administrator of the Division of Forestry and Wildlife of the
Department of Land and Natural Resources of the State. The
Governor and the Secretary may from time to time, by mutual
agreement, amend the official map to modify the boundaries of the
Forest.
"(d) AUTHORITIES OF THE SECRETARY. --
"(1) IN GENERAL. -- To carry out the purposes of this section,
the Secretary is authorized --
"(A) to administer the Forest in cooperation with the Governor
and affected State agencies;
"(B) to make grants and enter into contracts and cooperative
agreements with the Federal Government, the government of the
State, local governments, corporations, nonprofit organizations
and individuals;
"(C) to exercise existing authority with respect to cooperative
forestry and research for Forest purposes; and
"(D) to issue necessary rules and regulations or apply existing
rules and regulations applicable to areas administered by the
Forest Service that are necessary or desirable to administer the
Forest --
"(i) for the purposes described in subsection (b);
"(ii) to protect persons within the Forest; and
"(iii) to preserve and protect the resources in the Forest.
"(2) LAND ACQUISITION. -- The authority in section 4 of the
Forest and Rangeland Renewable Resources Research Act of 1978 (16
U.S.C. 1643) shall be available to the Secretary to carry out this
section.
"(3) STATUTORY CONSTRUCTION. -- Nothing in this section is
intended to affect the jurisdiction of the State, both civil and
criminal, over any person within the Forest by reason of the
establishment of the Forest under this section, except in the case
of a penalty for an offense against the United States.
"SEC. 607. "16 USC 4503c" ANNUAL REPORT ON INSTITUTES OF TROPICAL
FORESTRY.
"The Secretary shall make annual reports to Congress on the progress,
needs, and long-range plans of the Institutes of Tropical Forestry in
meeting the requirements of section 2407 of the Global Climate Change
Prevention Act of 1990 (7 U.S.C. 6706). Such reports shall be submitted
by the Secretary pursuant to section 8(c) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1606(c)).
"SEC. 608. "16 USC 4503d" DEFINITIONS.
"As used in this title (unless the context otherwise requires):
"(1) INSTITUTES OF TROPICAL FORESTRY. -- The term 'Institutes
of Tropical Forestry' means the Institute of Tropical Forestry in
Puerto Rico and the Institute of Pacific Islands Forestry
established under section 2407 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 6706).
"(2) SECRETARY. -- The term 'Secretary' means the Secretary of
Agriculture.
"(3) STATE. -- The term 'State' means each of the 50 States,
Guam, American Samoa, the Republic of Palau (until the Compact of
Free Association enters into effect), Puerto Rico, the Virgin
Islands, and the Commonwealth of the Northern Mariana Islands.".
(b) CONFORMING AMENDMENTS. --
(1) Section 602(b) of the International Forestry Cooperation
Act of 1990 (16 U.S.C. 4501(b)) is amended by striking
"(hereinafter referred to in this title as the Secretary)".
(2) The heading of section 604 of such Act (16 U.S.C. 4503) is
amended to read as follows:
"SEC. 604. INSTITUTE OF TROPICAL FORESTRY IN PUERTO RICO.".
SEC. 3. "16 USC 4502a" TROPICAL FORESTRY RESEARCH AND ASSISTANCE.
(a) ASSISTANCE. -- To promote sound management and conservation of
tropical forests of the United States and to promote the development and
transfer of technical, managerial, educational, and administrative
skills to managers of tropical forests within or outside the United
States, the Secretary of Agriculture is authorized to provide assistance
through the Forest Service to eligible entities in States with tropical
forests to --
(1) develop, promote, and demonstrate sustainable harvesting of
native woods and other forest products on a sustainable yield
basis in balance with natural resource conservation;
(2) promote habitat preservation and species protection or
recovery;
(3) protect indigenous plant and animal species and essential
watersheds from non-native animals, plants, and pathogens;
(4) establish biological control agents for non-native species
that threaten natural ecosystems;
(5) establish a monitoring system in tropical forests to
identify baseline conditions and determine detrimental changes or
improvements over time;
(6) detect and appraise stresses affecting tropical forests
caused by insect infestations, diseases, pollution, fire, and
non-native animal and plant species, and by the influence of
people;
(7) determine the causes of changes that are detected through
experimentation, intensive monitoring, and data collection at
affected tropical forest sites; and
(8) engage in research, demonstration, education, training, and
outreach that furthers the objectives of this subsection.
(b) FORM OF ASSISTANCE. -- Assistance provided to eligible entities
under this section may be in the form of grants, contracts, or
cooperative agreements.
(c) DEFINITIONS. -- As used in this section:
(1) ELIGIBLE ENTITY. -- The term "eligible entity" means a
State forester or equivalent State official, State, political
subdivision of a State, Federal agency, private organization,
corporation, or other private person.
(2) STATE. -- The term "State" means each of the 50 States,
Guam, American Samoa, the Republic of Palau (until the Compact of
Free Association enters into effect), Puerto Rico, the Virgin
Islands, and the Commonwealth of the Northern Mariana Islands.
SEC. 4. "16 USC 4503a" HAWAII TROPICAL FOREST RECOVERY TASK FORCE.
(a) ESTABLISHMENT. -- There is established the Hawaii Tropical
Forest Recovery Task Force (hereafter in this section referred to as the
"Task Force") to advise the Secretary of Agriculture with respect to
tropical forests and related ecosystems in the State of Hawaii.
(b) ACTION PLAN. -- Not later than 1 year after the date of the
first meeting of the Task Force, the Task Force shall submit to the
Committees, Secretaries, and Governor referred to in subsection (k) an
action plan that contains findings and recommendations for rejuvenating
Hawaii's tropical forests, including findings and recommendations on --
(1) methods of restoring the health of declining or degraded
tropical forest land;
(2) compatible uses within tropical forests, particularly
agroforestry and the cultivation of scarce or valuable hardwoods
and other forest products in Hawaii's tropical forests;
(3) actions to encourage and accelerate the identification and
classification of unidentified plant, animal, and microbe species;
(4) actions to --
(A) promote public awareness of tropical forest preservation;
(B) protect threatened and endangered species;
(C) improve forest management and planning; and
(D) promote public awareness of the harm caused by introduced
species;
(5) the benefits of fencing or other management activities for
the protection of Hawaii's native plants and animals from
non-native species, including the identification and priorities
for the areas where these activities are appropriate;
(6) traditional practices, uses, and needs of native Hawaiians
in tropical forests;
(7) means of improving the health of tropical forests and
related ecosystems in the State of Hawaii through programs
administered by the Secretary of Agriculture and the Secretary of
the Interior;
(8) the capability of existing Federal, State, and private
forestry programs for rejuvenating Hawaii's tropical forests; and
(9) such other issues relating to tropical forests in Hawaii as
the Task Force considers appropriate.
(c) COMPOSITION. -- The Task Force shall be composed of 12 members,
of whom --
(1) three members shall be appointed by the Secretary of
Agriculture, two of whom shall be representatives of the Forest
Service and the Soil Conservation Service, respectively;
(2) two members shall be appointed by the Secretary of the
Interior as representatives of the United States Fish and Wildlife
Service and the National Park Service, respectively;
(3) six members shall be appointed by the Governor of Hawaii,
of whom --
(A) two members shall be private owners of tropical forest
lands;
(B) two members shall be experts in the field of tropical
forestry; and
(C) two members shall be representatives of Hawaii conservation
organizations that have demonstrated expertise in the areas of
tropical forest management, habitat preservation, and alien
species control or have demonstrated effective advocacy in the
areas; and
(4) one member shall be the Administrator of the Department of
Land and Natural Resources, State of Hawaii, or the designated
representative of the Administrator.
(d) INITIAL APPOINTMENTS. -- Appointments under this section to the
Task Force shall be made not later than 90 days after the date of
enactment of this Act.
(e) CHAIRPERSON. -- The Task Force shall select a Chairperson from
among its members.
(f) VACANCIES. -- A vacancy on the Task Force shall not affect its
powers and shall be filled in the same manner as the original
appointment.
(g) COMPENSATION. --
(1) IN GENERAL. -- A member of the Task Force shall not
receive compensation as a result of the performance of services
for the Task Force.
(2) TRAVEL EXPENSES. -- The members of the Task Force shall be
allowed travel expenses, including per diem in lieu of substance,
at rates authorized for employees of agencies under subchapter I
of chapter 57 of title 5, United States Code, while away frm their
homes or regular places of business in the performance of services
for the Task Force.
(h) MEETINGS. -- The Task Force shall meet not later than 180 days
after the date of enactment of this Act and shall meet at the call of
the Chairperson.
(i) VOTING. -- The Task Force shall act and advise by majority vote.
(j) ASSISTANCE. -- The Secretary of Agriculture and the Secretary of
the Interior shall provide such assistance and support as are necessary
to meet the objectives of the Task Force. The assistance shall include
making Federal facilities, equipment, tools, and technical assistance
available on such terms and conditions as the appropriate Secretary
considers necessary.
(k) REPORT. -- The action plan required under subsection (b) shall
be submitted to --
(1) the Committees on Agriculture and Interior of the House of
Representatives;
(2) the Committees on Agriculture, Nutrition, and Forestry and
Energy and Natural Resources of the Senate;
(3) the Secretary of Agriculture;
(4) the Secretary of the Interior; and
(5) the Governor of Hawaii.
(l) NONAPPLICABILITY OF CERTAIN PROVISIONS OF LAW. -- Sections 7(d),
10(f), and 14 of the Federal Advisory Committee Act (5 U.S.C. App. 2)
shall not apply to the Task Force.
(m) TERMINATION. -- The Task Force and authority to carry out this
section shall terminate 180 days after submitting the report required by
subsection (b).
SEC. 5. "16 USC 4502a note" AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out sections 3 and 4.
Approved October 29, 1992.
LEGISLATIVE HISTORY -- S. 2679:
CONGRESSIONAL RECORD, Vol. 138 (1992): Sept. 30, considered and
passed Senate. Oct. 2, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): Oct.
29, Presidential statement.
Public Law 102-573, 106 Stat. 4526
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "25 USC 1601 note" SHORT TITLE.
This Act may be cited as the "Indian Health Amendments of 1992".
SEC. 2. AMENDMENTS TO INDIAN HEALTH CARE IMPROVEMENT ACT.
Except as otherwise specifically provided, whenever in this Act a
section or other provision is amended or repealed, such amendment or
repeal shall be considered to be made to that section or other provision
of the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.).
SEC. 3. FINDINGS; POLICY; AND DEFINITIONS.
(a) FINDINGS. -- Section 2 of the Act (25 U.S.C. 1601) is amended --
(1) in the matter preceding paragraph (a), by striking "finds
that -- " and inserting "finds the following:";
(2) in paragraph (d), by striking out the second sentence; and
(3) by striking out paragraphs (e), (f), and (g).
(b) DECLARATION OF POLICY. -- Section 3 of the Act (25 U.S.C. 1602)
is amended to read as follows:
"SEC. 3. (a) The Congress hereby declares that it is the policy of
this Nation, in fulfillment of its special responsibilities and legal
obligation to the American Indian people, to assure the highest possible
health status for Indians and urban Indians and to provide all resources
necessary to effect that policy.
"(b) It is the intent of the Congress that the Nation meet the
following health status objectives with respect to Indians and urban
Indians by the year 2000:
"(1) Reduce coronary heart disease deaths to a level of no more
than 100 per 100,000.
"(2) Reduce the prevalence of overweight individuals to no more
than 30 percent.
"(3) Reduce the prevalence of anemia to less than 10 percent
among children aged 1 through 5.
"(4) Reduce the level of cancer deaths to a rate of no more
than 130 per 100,000.
"(5) Reduce the level of lung cancer deaths to a rate of no
more than 42 per 100,000.
"(6) Reduce the level of chronic obstructive pulmonary disease
related deaths to a rate of no more than 25 per 100,000.
"(7) Reduce deaths among men caused by alcohol-related motor
vehicle crashes to no more than 44.8 per 100,000.
"(8) Reduce cirrhosis deaths to no more than 13 per 100,000.
"(9) Reduce drug-related deaths to no more than 3 per 100,000.
"(10) Reduce pregnancies among girls aged 17 and younger to no
more than 50 per 1,000 adolescents.
"(11) Reduce suicide among men to no more than 12.8 per
100,000.
"(12) Reduce by 15 percent the incidence of injurious suicide
attempts among adolescents aged 14 through 17.
"(13) Reduce to less than 10 percent the prevalence of mental
disorders among children and adolescents.
"(14) Reduce the incidence of child abuse or neglect to less
than 25.2 per 1,000 children under age 18.
"(15) Reduce physical abuse directed at women by male partners
to no more than 27 per 1,000 couples.
"(16) Increase years of healthy life to at least 65 years.
"(17) Reduce deaths caused by unintentional injuries to no more
than 66.1 per 100,000.
"(18) Reduce deaths caused by motor vehicle crashes to no more
than 39.2 per 100,000.
"(19) Among children aged 6 months through 5 years, reduce the
prevalence of blood lead levels exceeding 15 ug/dl and reduce to
zero the prevalence of blood lead levels exceeding 25 ug/dl.
"(20) Reduce dental caries (cavities) so that the proportion of
children with one or more caries (in permanent or primary teeth)
is no more than 45 percent among children aged 6 through 8 and no
more than 60 percent among adolescents aged 15.
"(21) Reduce untreated dental caries so that the proportion of
children with untreated caries (in permanent or primary teeth) is
no more than 20 percent among children aged 6 through 8 and no
more than 40 percent among adolescents aged 15.
"(22) Reduce to no more than 20 percent the proportion of
individuals aged 65 and older who have lost all of their natural
teeth.
"(23) Increase to at least 45 percent the proportion of
individuals aged 35 to 44 who have never lost a permanent tooth
due to dental caries or periodontal disease.
"(24) Reduce destructive periodontal disease to a prevalence of
no more than 15 percent among individuals aged 35 to 44.
"(25) Increase to at least 50 percent the proportion of
children who have received protective sealants on the occlusal
(chewing) surfaces of permanent molar teeth.
"(26) Reduce the prevalence of gingivitis among individuals
aged 35 to 44 to no more than 50 percent.
"(27) Reduce the infant mortality rate to no more than 8.5 per
1,000 live births.
"(28) Reduce the fetal death rate (20 or more weeks of
gestation) to no more than 4 per 1,000 live births plus fetal
deaths.
"(29) Reduce the maternal mortality rate to no more than 3.3
per 100,000 live births.
"(30) Reduce the incidence of fetal alcohol syndrome to no more
than 2 per 1,000 live births.
"(31) Reduce stroke deaths to no more than 20 per 100,000.
"(32) Reverse the increase in end-stage renal disease
(requiring maintenance dialysis or transplantation) to attain an
incidence of no more than 13 per 100,000.
"(33) Reduce breast cancer deaths to no more than 20.6 per
100,000 women.
"(34) Reduce deaths from cancer of the uterine cervix to no
more than 1.3 per 100,000 women.
"(35) Reduce colorectal cancer deaths to no more than 13.2 per
100,000.
"(36) Reduce to no more than 11 percent the proportion of
individuals who experience a limitation in major activity due to
chronic conditions.
"(37) Reduce significant hearing impairment to a prevalence of
no more than 82 per 1,000.
"(38) Reduce significant visual impairment to a prevalence of
no more than 30 per 1,000.
"(39) Reduce diabetes-related deaths to no more than 48 per
100,000.
"(40) Reduce diabetes to an incidence of no more than 2.5 per
1,000 and a prevalence of no more than 62 per 1,000.
"(41) Reduce the most severe complications of diabetes as
follows:
"(A) End-stage renal disease, 1.9 per 1,000.
"(B) Blindness, 1.4 per 1,000.
"(C) Lower extremity amputation, 4.9 per 1,000.
"(D) Perinatal mortality, 2 percent.
"(E) Major congenital malformations, 4 percent.
"(42) Confine annual incidence of diagnosed AIDS cases to no
more than 1,000 cases.
"(43) Confine the prevalence of HIV infection to no more than
100 per 100,000.
"(44) Reduce gonorrhea to an incidence of no more than 225
cases per 100,000.
"(45) Reduce chlamydia trachomatis infections, as measured by a
decrease in the incidence of nongonococcal urethritis to no more
than 170 cases per 100,000.
"(46) Reduce primary and secondary syphilis to an incidence of
no more than 10 cases per 100,000.
"(47) Reduce the incidence of pelvic inflammatory disease, as
measured by a reduction in hospitalization for pelvic inflammatory
disease to no more than 250 per 100,000 women aged 15 through 44.
"(48) Reduce viral hepatitis B infection to no more than 40 per
100,000 cases.
"(49) Reduce indigenous cases of vaccine-preventable diseases
as follows:
"(A) Diphtheria among individuals aged 25 and younger, 0.
"(B) Tetanus among individuals aged 25 and younger, 0.
"(C) Polio (wild-type virus), 0.
"(D) Measles, 0.
"(E) Rubella, 0.
"(F) Congenital Rubella Syndrome, 0.
"(G) Mumps, 500.
"(H) Pertussis, 1,000.
"(50) Reduce epidemic-related pneumonia and influenza deaths
among individuals aged 65 and older to no more than 7.3 per
100,000.
"(51) Reduce the number of new carriers of viral hepatitis B
among Alaska Natives to no more than 1 case.
"(52) Reduce tuberculosis to an incidence of no more than 5
cases per 100,000.
"(53) Reduce bacterial meningitis to no more than 8 cases per
100,000.
"(54) Reduce infectious diarrhea by at least 25 percent among
children.
"(55) Reduce acute middle ear infections among children aged 4
and younger, as measured by days of restricted activity or school
absenteeism, to no more than 105 days per 100 children.
"(56) Reduce cigarette smoking to a prevalence of no more than
20 percent.
"(57) Reduce smokeless tobacco use by youth to a prevalence of
no more than 10 percent.
"(58) Increase to at least 65 percent the proportion of parents
and caregivers who use feeding practices that prevent baby bottle
tooth decay.
"(59) Increase to at least 75 percent the proportion of mothers
who breast feed their babies in the early postpartum period, and
to at least 50 percent the proportion who continue breast feeding
until their babies are 5 to 6 months old.
"(60) Increase to at least 90 percent the proportion of
pregnant women who receive prenatal care in the first trimester of
pregnancy.
"(61) Increase to at least 70 percent the proportion of
individuals who have received, as a minimum within the appropriate
interval, all of the screening and immunization services and at
least one of the counseling services appropriate for their age and
gender as recommended by the United States Preventive Services
Task Force.
"(c) It is the intent of the Congress that the Nation increase the
proportion of all degrees in the health professions and allied and
associated health profession fields awarded to Indians to 0.6 percent.
"(d) The Secretary shall submit to the President, for inclusion in
each report required to be transmitted to the Congress under section
801, a report on the progress made in each area of the Service toward
meeting each of the objectives described in subsection (b).".
(c) DEFINITIONS. -- Section 4 of the Act (25 U.S.C. 1603) is amended
by adding at the end the following new subsections:
"(m) 'Service area' means the geographical area served by each area
office.
"(n) 'Health profession' means family medicine, internal medicine,
pediatrics, geriatric medicine, obstetrics and gynecology, podiatric
medicine, nursing, public health nursing, dentistry, psychiatry,
osteopathy, optometry, pharmacy, psychology, public health, social work,
marriage and family therapy, chiropractic medicine, environmental health
and engineering, and allied health professions.
"(o) 'Substance abuse' includes inhalant abuse.
"(p) 'FAE' means fetal alcohol effect.
"(q) 'FAS' means fetal alcohol syndrome.".
SEC. 101. PURPOSE.
Section 101 of the Act (25 U.S.C. 1611) is amended to read as
follows:
"SEC. 101. The purpose of this title is to increase the number of
Indians entering the health professions and to assure an adequate supply
of health professionals to the Service, Indian tribes, tribal
organizations, and urban Indian organizations involved in the provision
of health care to Indian people.".
SEC. 102. HEALTH PROFESSIONS.
(a) RECRUITMENT PROGRAM. -- Section 102(a) of the Act (25 U.S.C.
1612(a)) is amended --
(1) by amending paragraph (1) to read as follows:
"(1) identifying Indians with a potential for education or
training in the health professions and encouraging and assisting
them --
"(A) to enroll in courses of study in such health professions;
or
"(B) if they are not qualified to enroll in any such courses of
study, to undertake such postsecondary education or training as
may be required to qualify them for enrollment;";
(2) in paragraph (2) --
(A) by striking out "school" both places it appears and
inserting in lieu thereof the following: "course of study"; and
(B) by striking out "clause (1)(A)" and inserting in lieu
thereof the following: "paragraph (1)"; and
(3) in paragraph (3) --
(A) by striking out "Indians," and inserting in lieu thereof
"Indians in,";
(B) by inserting a comma before "courses";
(C) by striking out ", in any school"; and
(D) by striking out "clause (1)(A)" and inserting in lieu
thereof the following: "paragraph (1)".
(b) PREPARATORY SCHOLARSHIP PROGRAM. -- Section 103 of the Act (25
U.S.C. 1613) is amended --
(1) by amending subsection (a)(2) to read as follows:
"(2) have demonstrated the capability to successfully complete
courses of study in the health professions.";
(2) in subsection (b)(1), by inserting before the period at the
end the following: "on a full-time basis (or the part-time
equivalent thereof, as determined by the Secretary)";
(3) by amending subsection (b)(2) to read as follows:
"(2) Pregraduate education of any grantee leading to a
baccalaureate degree in an approved course of study preparatory to
a field of study in a health profession, such scholarship not to
exceed 4 years (or the part-time equivalent thereof, as determined
by the Secretary).";
(4) in subsection (c), by striking out "full time"; and
(5) by amending subsection (e) to read as follows:
"(e) The Secretary shall not deny scholarship assistance to an
eligible applicant under this section solely by reason of such
applicant's eligibility for assistance or benefits under any other
Federal program.".
(c) HEALTH PROFESSIONS SCHOLARSHIPS. -- Section 104 of the Act (25
U.S.C. 1613a) is amended --
(1) in subsection (a) --
(A) by striking out "Indian communities" and inserting in lieu
thereof the following: "Indians, Indian tribes, tribal
organizations, and urban Indian organizations";
(B) by striking out "full time" and inserting in lieu thereof
the following: "full or part time"; and
(C) by striking out "of medicine" and all that follows through
"social work" and inserting in lieu thereof the following: "and
pursuing courses of study in the health professions";
(2) in subsection (b) --
(A) in paragraph (2) --
(i) by striking out "full time" and inserting in lieu thereof
"full or part time"; and
(ii) by striking out "health profession school" and inserting
in lieu thereof "course of study";
(B) in paragraph (3) --
(i) by striking "(3)" and inserting "(3)(A)";
(ii) by redesignating subparagraphs (A), (B), (C), and (D) as
clauses (i), (ii), (iii), and (iv), respectively; and
(iii) by inserting at the end the following new subparagraphs:
"(B) A recipient of an Indian Health Scholarship may, at the election
of the recipient, meet the active duty service obligation prescribed
under section 338C of the Public Health Service Act (42 U.S.C. 254m) by
service in a program specified in subparagraph (A) that --
"(i) is located on the reservation of the tribe in which the
recipient is enrolled; or
"(ii) serves the tribe in which the recipient is enrolled.
"(C) Subject to subparagraph (B), the Secretary, in making
assignments of Indian Health Scholarship recipients required to meet the
active duty service obligation prescribed under section 338C of the
Public Health Service Act (42 U.S.C. 254m), shall give priority to
assigning individuals to service in those programs specified in
subparagraph (A) that have a need for health professionals to provide
health care services as a result of individuals having breached
contracts entered into under this section."; and
(C) by adding at the end the following new paragraph:
"(4) In the case of an individual receiving a scholarship under this
section who is enrolled part time in an approved course of study --
"(A) such scholarship shall be for a period of years not to
exceed the part-time equivalent of 4 years, as determined by the
Secretary;
"(B) the period of obligated service specified in section
338A(f)(1)(B)(iv) of the Public Health Service Act (42 U.S.C.
254m(f)(1)(B)(iv)) shall be equal to the greater of --
"(i) the part-time equivalent of one year for each year for
which the individual was provided a scholarship (as determined by
the Secretary); or
"(ii) two years; and
"(C) the amount of the monthly stipend specified in section
338A(g)(1)(B) of the Public Health Service Act (42 U.S.C.
254m(g)(1)(B)) shall be reduced pro rata (as determined by the
Secretary) based on the number of hours such student is
enrolled.";
(3) by amending subsection (c) to read as follows:
"(c) The Secretary shall, acting through the Service, establish a
Placement Office to develop and implement a national policy for the
placement, to available vacancies within the Service, of Indian Health
Scholarship recipients required to meet the active duty service
obligation prescribed under section 338C of the Public Health Service
Act (42 U.S.C. 254m) without regard to any competitive personnel system,
agency personnel limitation, or Indian preference policy."; and
(4) by striking out subsection (d).
(d) EFFECTIVE DATE. -- The amendments made by subsection (c)(1)(C)
and subsection (c)(2)(B) "25 USC 1613a note" shall apply with respect to
scholarships granted under section 104 of the Indian Health Care
Improvement Act after the date of the enactment of this Act.
(e) EXTERN PROGRAM. -- Section 105 of the Act (25 U.S.C. 1614) is
amended --
(1) in subsection (a), by striking out "section 757 of the
Public Health Service Act" and inserting in lieu thereof "section
104"; and
(2) in subsection (b), by striking out "school of medicine" and
all that follows through "health professions" and inserting in
lieu thereof "course of study in the health professions".
SEC. 103. BREACH OF CONTRACT PROVISIONS RELATING TO INDIAN HEALTH
SCHOLARSHIPS.
Section 104(b) of the Act (25 U.S.C. 1613a(b)) (as amended by section
102(c) of this Act) is amended by adding at the end the following new
paragraph:
"(5)(A) An individual who has, on or after the date of the enactment
of this paragraph, entered into a written contract with the Secretary
under this section and who --
"(i) fails to maintain an acceptable level of academic standing
in the educational institution in which he is enrolled (such level
determined by the educational institution under regulations of the
Secretary),
"(ii) is dismissed from such educational institution for
disciplinary reasons,
"(iii) voluntarily terminates the training in such an
educational institution for which he is provided a scholarship
under such contract before the completion of such training, or
"(iv) fails to accept payment, or instructs the educational
institution in which he is enrolled not to accept payment, in
whole or in part, of a scholarship under such contract,
in lieu of any service obligation arising under such contract, shall be
liable to the United States for the amount which has been paid to him,
or on his behalf, under the contract.
"(B) If for any reason not specified in subparagraph (A) an
individual breaches his written contract by failing either to begin such
individual's service obligation under this section or to complete such
service obligation, the United States shall be entitled to recover from
the individual an amount determined in accordance with the formula
specified in subsection (1) of section 108 in the manner provided for in
such subsection.".
SEC. 104. NURSING.
(a) CONTINUING EDUCATION ALLOWANCES. -- Section 106(a) of the Act
(25 U.S.C. 1615(a)) is amended by inserting "nurses," after "dentists,".
(b) QUENTIN N. BURDICK AMERICAN INDIANS INTO NURSING PROGRAM. --
Section 112 of the Act (25 U.S.C. 1616(e) is amended --
(1) by redesignating subsections (e) and (f) as subsections (f)
and (g), respectively; and
(2) by inserting after subsection (d) the following new
subsection:
"(e) The Secretary shall provide one of the grants authorized under
subsection (a) to establish and maintain a program at the University of
North Dakota to be known as the 'Quentin N. Burdick American Indians
Into Nursing Program'. Such program shall, to the maximum extent
feasible, coordinate with the Quentin N. Burdick Indian Health Programs
established under section 114(b) and the Quentin N. Burdick American
Indians Into Psychology Program established under section 217(b).".
(c) TRAINING FOR NURSE MIDWIVES, NURSE ANESTHETISTS, AND NURSE
PRACTITIONERS. -- Section 112(g) of the Act (25 U.S.C. 1616e(g)) (as
redesignated by subsection (b)(1) of this section) is amended to read as
follows:
"(g) Beginning with fiscal year 1993, of the amounts appropriated
under the authority of this title for each fiscal year to be used to
carry out this section, not less than $1,000,000 shall be used to
provide grants under subsection (a) for the training of nurse midwives,
nurse anesthetists, and nurse practitioners.".
(d) RETENTION BONUS FOR NURSES. -- Section 117 (25 U.S.C. 1616j) of
the Act is amended --
(1) by redesignating subsections (b) through (e) as subsections
(c) through (f), respectively;
(2) by adding after subsection (a) the following new subsection
(b):
"(b) Beginning with fiscal year 1993, not less than 25 percent of the
retention bonuses awarded each year under subsection (a) shall be
awarded to nurses."; and
(3) by amending subsection (f) (as amended by paragraph (1)) to
read as follows:
"(f) The Secretary may pay a retention bonus to any physician or
nurse employed by an organization providing health care services to
Indians pursuant to a contract under the Indian Self-Determination Act
if such physician or nurse is serving in a position which the Secretary
determines is --
"(1) a position for which recruitment or retention is
difficult; and
"(2) necessary for providing health care services to Indians.".
(e) RESIDENCY PROGRAM. -- Title I of the Act is amended by adding at
the end the following new section:
"SEC. 118. "25 USC 1616k" (a) The Secretary, acting through the
Service, shall establish a program to enable licensed practical nurses,
licensed vocational nurses, and registered nurses who are working in an
Indian health program (as defined in section 108(a)(2)(A)), and have
done so for a period of not less than one year, to pursue advanced
training.
"(b) Such program shall include a combination of education and work
study in an Indian health program (as defined in section 108(a)(2)(A))
leading to an associate or bachelor's degree (in the case of a licensed
practical nurse or licensed vocational nurse) or a bachelor's degree (in
the case of a registered nurse).
"(c) An individual who participates in a program under subsection
(a), where the educational costs are paid by the Service, shall incur an
obligation to serve in an Indian health program for a period of
obligated service equal to at least three times the period of time
during which the individual participates in such program. In the event
that the individual fails to complete such obligated service, the United
States shall be entitled to recover from such individual an amount
determined in accordance with the formula specified in subsection (1) of
section 108 in the manner provided for in such subsection.".
(f) GRANTS FOR THE PROVISION OF PRIMARY CARE SERVICES ON OR NEAR
INDIAN COUNTRY. -- Title I of the Indian Health Care Improvement Act
(25 U.S.C. 1601 et seq.) is amended by adding immediately after section
112 the following new section:
"SEC. 112A. "25 USC 1616e-1" (a) GRANTS. -- In addition to the
authority of the Secretary under section 112(a)(1), the Secretary,
acting through the Service, is authorized to provide grants to public or
private schools of nursing for the purpose of establishing, developing,
operating, and administering clinics to address the health care needs of
Indians, and to provide primary health care services to Indians who
reside on or within 50 miles of Indian country, as defined in section
1151 of title 18, United States Code.
"(b) PURPOSES. -- Grants provided under subsection (a) may be used
to --
"(1) establish clinics, to be run and staffed by the faculty
and students of a grantee school, to provide primary care services
in areas in or within 50 miles of Indian country (as defined in
section 1151 of title 18, United States Code);
"(2) provide clinical training, program development, faculty
enhancement, and student scholarships in a manner that would
benefit such clinics; and
"(3) carry out any other activities determined appropriate by
the Secretary.
"(c) AMOUNT AND CONDITIONS. -- The Secretary may award grants under
this section in such amounts and subject to such conditions as the
Secretary deems appropriate.
"(d) DESIGN. -- The clinics established under this section shall be
designed to provide nursing students with a structured clinical
experience that is similar in nature to that provided by residency
training programs for physicians.
"(e) REGULATIONS. -- The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.
"(f) AUTHORIZATION TO USE AMOUNTS. -- Out of amounts appropriated to
carry out this title for each of the fiscal years 1993 through 2000 not
more than $5,000,000 may be used to carry out this section.".
SEC. 105. MAINTENANCE OF COMMUNITY HEALTH REPRESENTATIVE PROGRAM.
Section 107(b) of the Act (25 U.S.C. 1616(b)) is amended --
(1) in paragraph (2), in the material preceding subparagraph
(A), by inserting "and maintain" after "develop";
(2) in paragraph (2)(B), by adding at the end the following:
"with appropriate consideration given to lifestyle factors that
have an impact on Indian health status, such as alcoholism, family
dysfunction, and poverty,";
(3) in paragraphs (3) and (5), by striking out "develop" each
place it appears and inserting in lieu thereof "maintain"; and
(4) in paragraph (4), by striking out "develop and".
SEC. 106. CHANGES TO INDIAN HEALTH SERVICE LOAN REPAYMENT PROGRAM.
(a) ELIGIBILITY REQUIREMENTS. -- Section 108 of the Act (25 U.S.C.
1616a(b)) is amended --
(1) in subsection (a)(1), by striking out "physicians," and all
that follows through "professionals" and inserting in lieu thereof
"health professionals"; and
(2) in subsection (b) --
(A) in paragraph (1)(A) --
(i) by amending clause (i) to read as follows:
"(i) in a course of study or program in an accredited
institution, as determined by the Secretary, within any State and
be scheduled to complete such course of study in the same year
such individual applies to participate in such program; or"; and
(ii) in clause (ii), by striking out "medicine" and all that
follows through "health profession" and inserting in lieu thereof
the following: "a health profession";
(B) in paragraph (1)(B) --
(i) by inserting "and" at the end of clause (i), by striking
out clause (ii), and by redesignating clause (iii) as clause (ii);
(ii) in clause (i), by striking out "medicine, osteopathy,
dentistry, or other health profession" and inserting in lieu
thereof the following: "a health profession"; and
(iii) in clause (ii) (as redesignated by clause (i) of this
subparagraph), by striking out "medicine, osteopathy, dentistry,
or other health profession" and inserting in lieu thereof the
following: "a health profession"; and
(C) in paragraph (2), by inserting "and" at the end of
subparagraph (D), by striking out paragraphs (3) and (4), and by
inserting after paragraph (2) the following:
"(3) submit to the Secretary an application for a contract
described in subsection (f).".
(b) PRIORITY. -- Section 108(d) of the Act (25 U.S.C. 1616a(d)) is
amended --
(1) in paragraph (1), by striking out "The" and inserting
"Consistent with paragraph (3), the"; and
(2) by adding at the end the following new paragraph:
"(3)(A) Subject to subparagraph (B), of the total amounts
appropriated for each of the fiscal years 1993, 1994, and 1995 for
loan repayment contracts under this section, the Secretary shall
provide that --
"(i) not less than 25 percent be provided to applicants who are
nurses, nurse practitioners, or nurse midwives; and
"(ii) not less than 10 percent be provided to applicants who
are mental health professionals (other than applicants described
in clause (i)).
"(B) The requirements specified in clause (i) or clause (ii) of
subparagraph (A) shall not apply if the Secretary does not receive
the number of applications from the individuals described in
clause (i) or clause (ii), respectively, necessary to meet such
requirements.".
(c) BECOMING A PARTICIPANT. -- Paragraph (1) of section 108(e) (25
U.S.C. 1616a(e)) is amended to read as follows:
"(1) An individual becomes a participant in the Loan Repayment
Program only upon the Secretary and the individual entering into a
written contract described in subsection (f).".
(d) EXTENSION OF OBLIGATED SERVICE. -- Paragraph (2)(A) of section
108(e) (25 U.S.C. 1616a(e)) is amended by inserting before the semicolon
the following: ", including extensions resulting in an aggregate period
of obligated service in excess of 4 years".
(e) CLARIFICATION REGARDING UNDERGRADUATE LOANS. -- Paragraph (1) of
section 108(g) (25 U.S.C. 1616a(g)) is amended in the matter preceding
subparagraph (A) by striking out "loans received by the individual for
-- " and inserting in lieu thereof "loans received by the individual
regarding the undergraduate or graduate education of the individual (or
both), which loans were made for -- ".
(f) PAYMENT. -- Section 108(g)(2)(A) (25 U.S.C. 1616a(g)(2)(A)) is
amended to read as follows:
"(2)(A) For each year of obligated service that an individual
contracts to serve under subsection (f) the Secretary may pay up to
$35,000 (or an amount equal to the amount specified in section
338B(g)(2)(A) of the Public Health Service Act) on behalf of the
individual for loans described in paragraph (1). In making a
determination of the amount to pay for a year of such service by an
individual, the Secretary shall consider the extent to which each such
determination --
"(i) affects the ability of the Secretary to maximize the
number of contracts that can be provided under the Loan Repayment
Program from the amounts appropriated for such contracts;
"(ii) provides an incentive to serve in Indian health programs
with the greatest shortages of health professionals; and
"(iii) provides an incentive with respect to the health
professional involved remaining in an Indian health program with
such a health professional shortage, and continuing to provide
primary health services, after the completion of the period of
obligated service under the Loan Repayment Program.".
(g) TAX LIABILITY. -- (1) Paragraph (3) of section 108(g) (25 U.S.C.
1616a(g)(3)) is amended to read as follows:
"(3) For the purpose of providing reimbursements for tax liability
resulting from payments under paragraph (2) on behalf of an individual,
the Secretary --
"(A) in addition to such payments, may make payments to the
individual in an amount not less than 20 percent and not more than
39 percent of the total amount of loan repayments made for the
taxable year involved; and
"(B) may make such additional payments as the Secretary
determines to be appropriate with respect to such purpose.".
(2) The amendment made by paragraph (1) "25 USC 1616a note" shall
apply only with respect to contracts under section 108 of the Indian
Health Care Improvement Act entered into on or after the date of
enactment of this Act.
(h) STAFFING NEEDS. -- Section 108(k) (25 U.S.C. 1616a(k)) is
amended to read as follows:
"(k) The Secretary, in assigning individuals to serve in Indian
health programs pursuant to contracts entered into under this section,
shall --
"(1) ensure that the staffing needs of Indian health programs
administered by an Indian tribe or tribal or health organization
receive consideration on an equal basis with programs that are
administered directly by the Service; and
"(2) give priority to assigning individuals to Indian health
programs that have a need for health professionals to provide
health care services as a result of individuals having breached
contracts entered into under this section.".
(i) ANNUAL REPORT. -- Subsection (n) of section 108 is amended to
read as follows:
"(n) The Secretary shall submit to the President, for inclusion in
each report required to be submitted to the Congress under section 801,
a report concerning the previous fiscal year which sets forth --
"(1) the health professional positions maintained by the
Service or by tribal or Indian organizations for which recruitment
or retention is difficult;
"(2) the number of Loan Repayment Program applications filed
with respect to each type of health profession;
"(3) the number of contracts described in subsection (f) that
are entered into with respect to each health profession;
"(4) the amount of loan payments made under this section, in
total and by health profession;
"(5) the number of scholarship grants that are provided under
section 104 with respect to each health profession;
"(6) the amount of scholarship grants provided under section
104, in total and by health profession;
"(7) the number of providers of health care that will be needed
by Indian health programs, by location and profession, during the
three fiscal years beginning after the date the report is filed;
and
"(8) the measures the Secretary plans to take to fill the
health professional positions maintained by the Service or by
tribes or tribal or Indian organizations for which recruitment or
retention is difficult.".
SEC. 107. RECRUITMENT ACTIVITIES.
Section 109 of the Act (25 U.S.C. 1616b) is amended --
(1) by amending the heading to read as follows:
(2) by amending subsection (b) to read as follows:
"(b) The Secretary, acting through the Service, shall assign one
individual in each area office to be responsible on a full-time basis
for recruitment activities.".
SEC. 108. ADVANCED TRAINING AND RESEARCH.
Section 111 of the Act (25 U.S.C. 1616d) is amended --
(1) in subsection (b), by amending the last sentence to read as
follows: "In such event, with respect to individuals entering the
program after the date of the enactment of the Indian Health
Amendments of 1992, the United States shall be entitled to recover
from such individual an amount to be determined in accordance with
the formula specified in subsection (l) of section 108 in the
manner provided for in such subsection."; and
(2) by striking out subsection (d).
SEC. 109. INMED PROGRAM.
Section 114(b) of the Act (25 U.S.C. 1616g(b)) is amended --
(1) by inserting after "North Dakota," the following: "to be
known as the 'Quentin N. Burdick Indian Health Programs',"; and
(2) by adding at the end the following: "Such program shall,
to the maximum extent feasible, coordinate with the Quentin N.
Burdick American Indians Into Psychology Program established under
section 217(b) and the Quentin N. Burdick American Indians Into
Nursing Program established under section 112(e).".
SEC. 110. SCHOLARSHIP AND LOAN REPAYMENT RECOVERY FUND.
Title I of the Act is amended by inserting after section 108 the
following new section:
"SEC. 108A. "25 USC 1616a-1" (a) There is established in the
Treasury of the United States a fund to be known as the Indian Health
Scholarship and Loan Repayment Recovery Fund (hereafter in this section
referred to as the 'Fund'). The Fund shall consist of such amounts as
may be appropriated to the Fund under subsection (b). Amounts
appropriated for the Fund shall remain available until expended.
"(b) For each fiscal year, there is authorized to be appropriated to
the Fund an amount equal to the sum of --
"(1) the amount collected during the preceding fiscal year by
the Federal Government pursuant to --
"(A) the liability of individuals under subparagraph (A) or (B)
of section 104(b)(5) for the breach of contracts entered into
under section 104; and
"(B) the liability of individuals under section 108(l) for the
breach of contracts entered into under section 108; and
"(2) the aggregate amount of interest accruing during the
preceding fiscal year on obligations held in the Fund pursuant to
subsection (d) and the amount of proceeds from the sale or
redemption of such obligations during such fiscal year.
"(c)(1) Amounts in the Fund and available pursuant to appropriation
Acts may be expended by the Secretary, acting through the Service, to
make payments to an Indian tribe or tribal organization administering a
health care program pursuant to a contract entered into under the Indian
Self-Determination Act --
"(A) to which a scholarship recipient under section 104 or a
loan repayment program participant under section 108 has been
assigned to meet the obligated service requirements pursuant to
sections; and
"(B) that has a need for a health professional to provide
health care services as a result of such recipient or participant
having breached the contract entered into under section 104 or
section 108.
"(2) An Indian tribe or tribal organization receiving payments
pursuant to paragraph (1) may expend the payments to recruit and employ,
directly or by contract, health professionals to provide health care
services.
"(d)(1) The Secretary of the Treasury shall invest such amounts of
the Fund as such Secretary determines are not required to meet current
withdrawals from the Fund. Such investments may be made only in
interest-bearing obligations of the United States. For such purpose,
such obligations may be acquired on original issue at the issue price,
or by purchase of outstanding obligations at the market price.
"(2) Any obligation acquired by the Fund may be sold by the Secretary
of the Treasury at the market price.".
SEC. 111. COMMUNITY HEALTH AIDE PROGRAM.
Title I of the Act (as amended by section 104 of this Act) is amended
by adding at the end the following new section:
"SEC. 119. (a) Under the authority of the Act "25 USC 1616l" of
November 2, 1921 (25 U.S.C. 13; popularly known as the Snyder Act), the
Secretary shall maintain a Community Health Aide Program in Alaska under
which the Service --
"(1) provides for the training of Alaska Natives as health
aides or community health practitioners;
"(2) uses such aides or practitioners in the provision of
health care, health promotion, and disease prevention services to
Alaska Natives living in villages in rural Alaska; and
"(3) provides for the establishment of teleconferencing
capacity in health clinics located in or near such villages for
use by community health aides or community health practitioners.
"(b) The Secretary, acting through the Community Health Aide Program
of the Service, shall --
"(1) using trainers accredited by the Program, provide a high
standard of training to community health aides and community
health practitioners to ensure that such aides and practitioners
provide quality health care, health promotion, and disease
prevention services to the villages served by the Program;
"(2) in order to provide such training, develop a curriculum
that --
"(A) combines education in the theory of health care with
supervised practical experience in the provision of health care;
"(B) provides instruction and practical experience in the
provision of acute care, emergency care, health promotion, disease
prevention, and the efficient and effective management of clinic
pharmacies, supplies, equipment, and facilities; and
"(C) promotes the achievement of the health status objectives
specified in section 3(b);
"(3) establish and maintain a Community Health Aide
Certification Board to certify as community health aides or
community health practitioners individuals who have successfully
completed the training described in paragraph (1) or can
demonstrate equivalent experience;
"(4) develop and maintain a system which identifies the needs
of community health aides and community health practitioners for
continuing education in the provision of health care, including
the areas described in paragraph (2)(B), and develop programs that
meet the needs for such continuing education;
"(5) develop and maintain a system that provides close
supervision of community health aides and community health
practitioners; and
"(6) develop a system under which the work of community health
aides and community health practitioners is reviewed and evaluated
to assure the provision of quality health care, health promotion,
and disease prevention services.".
SEC. 112. MATCHING GRANTS TO TRIBES.
Title I of the Act (as amended by section 111 of this Act) is amended
by adding at the end the following new section:
"SEC. 120. "25 USC 1616m" (a)(1) The Secretary shall make grants to
Indian tribes and tribal organizations for the purpose of assisting such
tribes and tribal organizations in educating Indians to serve as health
professionals in Indian communities.
"(2) Amounts available for grants under paragraph (1) for any fiscal
year shall not exceed 5 percent of amounts available for such fiscal
year for Indian Health Scholarships under section 104.
"(3) An application for a grant under paragraph (1) shall be in such
form and contain such agreements, assurances, and information as the
Secretary determines are necessary to carry out this section.
"(b)(1) An Indian tribe or tribal organization receiving a grant
under subsection (a) shall agree to provide scholarships to Indians
pursuing education in the health professions in accordance with the
requirements of this section.
"(2) With respect to the costs of providing any scholarship pursuant
to paragraph (1) --
"(A) 80 percent of the costs of the scholarship shall be paid
from the grant made under subsection (a) to the Indian tribe or
tribal organization; and
"(B) 20 percent of such costs shall be paid from non-Federal
contributions by the Indian tribe or tribal organization through
which the scholarship is provided.
"(3) In determining the amount of non-Federal contributions that have
been provided for purposes of subparagraph (B) of paragraph (2), any
amounts provided by the Federal Government to the Indian tribe or tribal
organization involved or to any other entity shall not be included.
"(4) Non-Federal contributions required by subparagraph (B) of
paragraph (2) may be provided directly by the Indian tribe or tribal
organization involved or through donations from public and private
entities.
"(c) An Indian tribe or tribal organization shall provide
scholarships under subsection (b) only to Indians enrolled or accepted
for enrollment in a course of study (approved by the Secretary) in one
of the health professions described in section 104(a).
"(d) In providing scholarships under subsection (b), the Secretary
and the Indian tribe or tribal organization shall enter into a written
contract with each recipient of such scholarship. Such contract shall
--
"(1) obligate such recipient to provide service in an Indian
health program (as defined in section 108(a)(2)(A)), in the same
service area where the Indian tribe or tribal organization
providing the scholarship is located, for --
"(A) a number of years equal to the number of years for which
the scholarship is provided (or the part-time equivalent thereof,
as determined by the Secretary), or for a period of 2 years,
whichever period is greater; or
"(B) such greater period of time as the recipient and the
Indian tribe or tribal organization may agree;
"(2) provide that the amount of such scholarship --
"(A) may be expended only for --
"(i) tuition expenses, other reasonable educational expenses,
and reasonable living expenses incurred in attendance at the
educational institution; and
"(ii) payment to the recipient of a monthly stipend of not more
than the amount authorized by section 338A(g)(1)(B) of the Public
Health Service Act (42 U.S.C. 254m(g)(1)(B)), such amount to be
reduced pro rata (as determined by the Secretary) based on the
number of hours such student is enrolled; and
"(B) may not exceed, for any year of attendance for which the
scholarship is provided, the total amount required for the year
for the purposes authorized in subparagraph (A);
"(3) require the recipient of such scholarship to maintain an
acceptable level of academic standing (as determined by the
educational institution in accordance with regulations issued by
the Secretary); and
"(4) require the recipient of such scholarship to meet the
educational and licensure requirements necessary to be a
physician, certified nurse practitioner, certified nurse midwife,
or physician assistant.
"(e)(1) An individual who has entered into a written contract with
the Secretary and an Indian tribe or tribal organization under
subsection (d) and who --
"(A) fails to maintain an acceptable level of academic standing
in the educational institution in which he is enrolled (such level
determined by the educational institution under regulations of the
Secretary),
"(B) is dismissed from such educational institution for
disciplinary reasons,
"(C) voluntarily terminates the training in such an educational
institution for which he is provided a scholarship under such
contract before the completion of such training, or
"(D) fails to accept payment, or instructs the educational
institution in which he is enrolled not to accept payment, in
whole or in part, of a scholarship under such contract,
in lieu of any service obligation arising under such contract, shall be
liable to the United States for the Federal share of the amount which
has been paid to him, or on his behalf, under the contract.
"(2) If for any reason not specified in paragraph (1), an individual
breaches his written contract by failing either to begin such
individual's service obligation required under such contract or to
complete such service obligation, the United States shall be entitled to
recover from the individual an amount determined in accordance with the
formula specified in subsection (1) of section 108 in the manner
provided for in such subsection.
"(3) The Secretary may carry out this subsection on the basis of
information submitted by the tribes or tribal organizations involved, or
on the basis of information collected through such other means as the
Secretary determines to be appropriate.
"(f) The recipient of a scholarship under subsection (b) shall agree,
in providing health care pursuant to the requirements of subsection
(d)(1) --
"(1) not to discriminate against an individual seeking such
care on the basis of the ability of the individual to pay for such
care or on the basis that payment for such care will be made
pursuant to the program established in title XVIII of the Social
Security Act or pursuant to the program established in title XIX
of such Act; and
"(2) to accept assignment under section 1842(b)(3)(B)(ii) of
the Social Security Act for all services for which payment may be
made under part B of title XVIII of such Act, and to enter into an
appropriate agreement with the State agency that administers the
State plan for medical assistance under title XIX of such Act to
provide service to individuals entitled to medical assistance
under the plan.
"(g) The Secretary may not make any payments under subsection (a) to
an Indian tribe or tribal organization for any fiscal year subsequent to
the first fiscal year of such payments unless the Secretary determines
that, for the immediately preceding fiscal year, the Indian tribe or
tribal organization has complied with requirements of this section.".
SEC. 113. TRIBAL HEALTH PROGRAM ADMINISTRATION.
Title I of the Act (as amended by section 112 of this Act) is amended
by adding at the end the following new section:
"SEC. 121. "25 USC 1616n" The Secretary shall, by contract or
otherwise, provide training for individuals in the administration and
planning of tribal health programs.".
SEC. 114. TRIBALLY CONTROLLED VOCATIONAL INSTITUTIONS.
(a) NURSING PROGRAM GRANTS. -- Section 112(a)(2) of the Act (25
U.S.C. 1616e(a)(2)) is amended by inserting before the comma the
following: "and tribally controlled postsecondary vocational
institutions (as defined in section 390(2) of the Tribally Controlled
Vocational Institutions Support Act of 1990 (20 U.S.C. 2397h(2))".
(b) TRIBAL CULTURE AND HISTORY PROGRAMS. -- Section 113(b)(1) of the
Act (25 U.S.C. 1616f(b)(1) is amended by inserting before the comma "and
tribally controlled postsecondary vocational institutions (as defined in
section 390(2) of the Tribally Controlled Vocational Institutions
Support Act of 1990 (20 U.S.C. 2397h(2))".
SEC. 115. CONTINUING EDUCATION ALLOWANCES.
Section 106(b) of the Act (25 U.S.C. 1615(b)) is amended to read as
follows:
"(b) Of amounts appropriated under the authority of this title for
each fiscal year to be used to carry out this section, not more than
$1,000,000 may be used to establish postdoctoral training programs for
health professionals.".
SEC. 116. UNIVERSITY OF SOUTH DAKOTA MODEL HEALTH PROGRAM.
Title I of the Act (as amended by section 113 of this Act) is amended
by adding at the end the following new section:
"SEC. 122. "25 USC 1616o" (a) The Secretary may make a grant to the
School of Medicine of the University of South Dakota (hereafter in this
section referred to as 'USDSM') to establish a pilot program on an
Indian reservation at one or more service units in South Dakota to
address the chronic manpower shortage in the Aberdeen Area of the
Service.
"(b) The purposes of the program established pursuant to a grant
provided under subsection (a) are --
"(1) to provide direct clinical and practical experience at a
service unit to medical students and residents from USDSM and
other medical schools;
"(2) to improve the quality of health care for Indians by
assuring access to qualified health care professionals; and
"(3) to provide academic and scholarly opportunities for
physicians, physician assistants, nurse practitioners, nurses, and
other allied health professionals serving Indian people by
identifying and utilizing all academic and scholarly resources of
the region.
"(c) The pilot program established pursuant to a grant provided under
subsection (a) shall --
"(1) incorporate a program advisory board composed of
representatives from the tribes and communities in the area which
will be served by the program; and
"(2) shall be designated as an extension of the USDSM campus
and program participants shall be under the direct supervision and
instruction of qualified medical staff serving at the service unit
who shall be members of the USDSM faculty.
"(d) The USDSM shall coordinate the program established pursuant to a
grant provided under subsection (a) with other medical schools in the
region, nursing schools, tribal community colleges, and other health
professional schools.
"(e) The USDSM, in cooperation with the Service, shall develop
additional professional opportunities for program participants on Indian
reservations in order to improve the recruitment and retention of
qualified health professionals in the Aberdeen Area of the Service.".
SEC. 117. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION. -- Title I of the Act (as amended by section 116
of this Act) is amended by adding at the end the following new section:
"SEC. 123. "25 USC 1616p" There are authorized to be appropriated
such sums as may be necessary for each fiscal year through fiscal year
2000 to carry out this title.".
(b) CONFORMING AMENDMENTS. -- Title I of the Act is amended --
(1) in section 102, by striking out subsection (c) "25 USC
1612";
(2) in section 105, by striking out subsection (d) "25 USC
1614";
(3) in section 108, by striking out subsection (o) "25 USC
1616a";
(4) in section 110, by striking out subsection (c) "25 USC
1616c";
(5) in section 113, by striking out subsection (c) "25 USC
1616f";
(6) in section 114, by striking out subsection (e) "25 USC
1616g";
(7) in section 115, by striking out subsection (f) "25 USC
1616h"; and
(8) in section 116, by striking out subsection (e) "25 USC
1616i".
SEC. 201. INDIAN HEALTH CARE IMPROVEMENT FUND.
(a) IN GENERAL. -- Section 201 of the Act (25 U.S.C. 1621) is
amended --
(1) in subsection (a) --
(A) in the material preceding paragraph (1), by striking out
"subsection (h)" and inserting in lieu thereof "this section";
(B) by amending paragraph (1) to read as follows:
"(1) eliminating the deficiencies in health status and
resources of all Indian tribes,"; and
(C) in paragraph (4), in the material preceding subparagraph
(A) --
(i) by inserting after "responsibilities" the following:" ",
either through direct or contract care or through contracts
entered into pursuant to the Indian Self-Determination Act,"; and
(ii) by striking out "resources deficiency" and inserting in
lieu thereof the following: "status and resource deficiencies";
(2) in subsection (b) --
(A) in paragraph (1), by striking out "subsection (h)" and
inserting in lieu thereof "this section";
(B) by striking out paragraph (2) and redesignating paragraph
(3) as paragraph (2); and
(C) in paragraph (2)(A) (as redesignated by subparagraph (B))
--
(i) by striking out "subsection (h)" and inserting in lieu
thereof "this section";
(ii) in the first sentence, by striking out "but such
allocation" through "met";
(iii) in the second sentence --
(I) by striking out "(in accordance with paragraph (2))"; and
(II) by striking out "raise the deficiency level" and inserting
in lieu thereof the following: "reduce the health status and
resource deficiency"; and
(D) in paragraph (2)(B) (as redesignated by subparagraph (B)),
by inserting after "consultation with" the following: ", and with
the active participation of,";
(3) in subsection (c) --
(A) by striking out paragraph (1) and redesignating paragraphs
(2), (3), and (4) as paragraphs (1), (2), and (3), respectively;
(B) by amending paragraph (1) (as redesignated by subparagraph
(A) above) to read as follows:
"(1) The term 'health status and resource deficiency' means the
extent to which --
"(A) the health status objectives set forth in section 3(b) are
not being achieved; and
"(B) the Indian tribe does not have available to it the health
resources it needs, taking into account the actual cost of
providing health care services given local geographic, climatic,
rural, or other circumstances."; and
(C) in paragraph (3) (as redesignated by subparagraph (A)
above) --
(i) by striking out "Under regulations, the" and inserting in
lieu thereof "The"; and
(ii) by striking out "health resources deficiency level" and
inserting in lieu thereof "extent of the health status and
resource deficiency";
(4) in subsection (d)(1), by striking out "subsection (h)" and
inserting in lieu thereof "this section";
(5) in subsection (e) --
(A) in the material preceding paragraph (1) --
(i) by striking out "60 days" and inserting in lieu thereof "3
years";
(ii) by striking out "Indian Health Care Amendments of 1988"
and inserting in lieu thereof "Indian Health Amendments of 1992";
and
(iii) by striking out "health services priority system" and
inserting in lieu thereof "health status and resource deficiency";
(B) in paragraph (1), by striking out "health resources
deficiencies" and inserting in lieu thereof "health status and
resource deficiencies";
(C) in paragraph (2), by striking out "the level of health
resources deficiency for" and inserting in lieu thereof the
following: "the extent of the health status and resource
deficiency of";
(D) in paragraph (3), by striking "raise all" and all that
follows through the semicolon and insert in lieu thereof the
following: "eliminate the health status and resource deficiencies
of all Indian tribes served by the Service; and"; and
(E) by striking out paragraphs (4) and (5) and redesignating
paragraph (6) as paragraph (4); and
(6) in subsection (f), by striking out "(f)(1)" and all that
follows through the paragraph designation for paragraph (2) and
inserting in lieu thereof "(f)".
(b) EFFECTIVE DATE. -- Except with respect to the amendments made by
subsection (a)(5), "25 USC 1621 note" the amendments made by subsection
(a) shall take effect three years after the date of the enactment of
this Act. The amendments made by subsection (a)(5) shall take effect
upon the date of the enactment of this Act.
(c) TECHNICAL AMENDMENT. -- The heading for section 201 of the Act
(25 U.S.C. 1621) is amended to read as follows:
SEC. 202. CATASTROPHIC HEALTH EMERGENCY FUND.
(a) IN GENERAL. -- Section 202 of the Act (25 U.S.C. 1621a) is
amended --
(1) in subsection (a)(1)(B), by striking out "under subsection
(e)" and inserting in lieu thereof "to the Fund under this
section";
(2) in subsection (b)(2), by striking out "shall establish at
not less than $10,000 or not more than $20,000;" and inserting in
lieu thereof the following: "shall establish at --
"(A) for 1993, not less than $15,000 or not more than $25,000;
and
"(B) for any subsequent year, not less than the threshold cost
of the previous year increased by the percentage increase in the
medical care expenditure category of the consumer price index for
all urban consumers (United States city average) for the 12-month
period ending with December of the previous year;"; and
(3) in subsection (c), by striking out "Funds appropriated
under subsection (e)" and inserting in lieu thereof "Amounts
appropriated to the Fund under this section".
(b) EFFECTIVE DATE. -- The amendment made by subsection (a)(2) "25
USC 1621a note" shall take effect January 1, 1993.
SEC. 203. HEALTH PROMOTION AND DISEASE PREVENTION.
Section 203 of the Act (25 U.S.C. 1621b) is amended --
(1) in subsection (a), by inserting before the period at the
end the following: "so as to achieve the health status objectives
set forth in section 3(b)";
(2) in subsection (b), in the material preceding paragraph (1),
by striking out "section 201(f)" and inserting in lieu thereof
"section 801"; and
(3) by striking out subsection (c).
SEC. 204. DIABETES PREVENTION, TREATMENT, AND CONTROL.
Section 204 of the Act (25 U.S.C. 1621(c) is amended --
(1) by amending subsection (c) to read as follows:
"(c)(1) The Secretary shall continue to maintain through fiscal year
2000 each model diabetes project in existence on the date of the
enactment of the Indian Health Amendments of 1992 and located --
"(A) at the Claremore Indian Hospital in Oklahoma;
"(B) at the Fort Totten Health Center in North Dakota;
"(C) at the Sacaton Indian Hospital in Arizona;
"(D) at the Winnebago Indian Hospital in Nebraska;
"(E) at the Albuquerque Indian Hospital in New Mexico;
"(F) at the Perry, Princeton, and Old Town Health Centers in
Maine;
"(G) at the Bellingham Health Center in Washington;
"(H) at the Fort Berthold Reservation;
"(I) at the Navajo Reservation;
"(J) at the Papago Reservation;
"(K) at the Zuni Reservation; or
"(L) in the States of Alaska, California, Minnesota, Montana,
Oregon, or Utah.
"(2) The Secretary may establish new model diabetes projects under
this section taking into consideration applications received under this
section from all service areas, except that the Secretary may not
establish a greater number of such projects in one service area than in
any other service area until there is an equal number of such projects
established with respect to all service areas from which the Secretary
receives qualified applications during the application period (as
determined by the Secretary)."; and
(2) in subsection (d) --
(A) in paragraph (2), by striking out "and" after the
semicolon;
(B) in paragraph (3), by striking out the period and inserting
in lieu thereof the following: "; and"; and
(C) by adding at the end the following new paragraph:
"(4) evaluate the effectiveness of services provided through
model diabetes projects established under this section.".
SEC. 205. MENTAL HEALTH PREVENTION AND TREATMENT SERVICES.
Section 209 of the Act (25 U.S.C. 1621(h) is amended --
(1) in subsection (j) (as redesignated by section 902(3)(B) of
this Act), by striking out "submit to the Congress an annual
report" and inserting in lieu thereof the following: "submit to
the President, for inclusion in each report required to be
transmitted to the Congress under section 801, a report"; and
(2) by adding at the end the following new subsections:
"(l) LICENSING REQUIREMENT FOR MENTAL HEALTH CARE WORKERS. -- Any
person employed as a psychologist, social worker, or marriage and family
therapist for the purpose of providing mental health care services to
Indians in a clinical setting under the authority of this Act or through
a contract pursuant to the Indian Self-Determination Act shall --
"(1) in the case of a person employed as a psychologist, be
licensed as a clinical psychologist or working under the direct
supervision of a licensed clinical psychologist;
"(2) in the case of a person employed as a social worker, be
licensed as a social worker or working under the direct
supervision of a licensed social worker; or
"(3) in the case of a person employed as a marriage and family
therapist, be licensed as a marriage and family therapist or
working under the direct supervision of a licensed marriage and
family therapist.
"(m) INTERMEDIATE ADOLESCENT MENTAL HEALTH SERVICES. -- (1) The
Secretary, acting through the Service, may make grants to Indian tribes
and tribal organizations to provide intermediate mental health services
to Indian children and adolescents, including --
"(A) inpatient and outpatient services;
"(B) emergency care;
"(C) suicide prevention and crisis intervention; and
"(D) prevention and treatment of mental illness, and
dysfunctional and self-destructive behavior, including child abuse
and family violence.
"(2) Funds provided under this subsection may be used --
"(A) to construct or renovate an existing health facility to
provide intermediate mental health services;
"(B) to hire mental health professionals;
"(C) to staff, operate, and maintain an intermediate mental
health facility, group home, or youth shelter where intermediate
mental health services are being provided; and
"(D) to make renovations and hire appropriate staff to convert
existing hospital beds into adolescent psychiatric units.
"(3) Funds provided under this subsection may not be used for the
purposes described in section 216(b)(1).
"(4) An Indian tribe or tribal organization receiving a grant under
this subsection shall ensure that intermediate adolescent mental health
services are coordinated with other tribal, Service, and Bureau of
Indian Affairs mental health, alcohol and substance abuse, and social
services programs on the reservation of such tribe or tribal
organization.
"(5) The Secretary shall establish criteria for the review and
approval of applications for grants made pursuant to this subsection.
"(6) There are authorized to be appropriated to carry out this
section $10,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998,
1999, and 2000.".
SEC. 206. NEW STUDIES AND DEMONSTRATION PROGRAM.
(a) HOSPICE CARE. -- Title II of the Act is amended by inserting
after section 204 the following:
"SEC. 205. "25 USC 1621d" (a) The Secretary, acting through the
Service and in consultation with representatives of Indian tribes,
tribal organizations, Indian Health Service personnel, and hospice
providers, shall conduct a study --
"(1) to assess the feasibility and desirability of furnishing
hospice care to terminally ill Indians; and
"(2) to determine the most efficient and effective means of
furnishing such care.
"(b) Such study shall --
"(1) assess the impact of Indian culture and beliefs concerning
death and dying on the provision of hospice care to Indians;
"(2) estimate the number of Indians for whom hospice care may
be appropriate and determine the geographic distribution of such
individuals;
"(3) determine the most appropriate means to facilitate the
participation of Indian tribes and tribal organizations in
providing hospice care;
"(4) identify and evaluate various means for providing hospice
care, including --
"(A) the provision of such care by the personnel of a Service
hospital pursuant to a hospice program established by the
Secretary at such hospital; and
"(B) the provision of such care by a community-based hospice
program under contract to the Service; and
"(5) identify and assess any difficulties in furnishing such
care and the actions needed to resolve such difficulties.
"(c) Not later than the date which is 12 months after the date of the
enactment of this section, the Secretary shall transmit to the Congress
a report containing --
"(1) a detailed description of the study conducted pursuant to
this section; and
"(2) a discussion of the findings and conclusions of such
study.
"(d) For the purposes of this section --
"(1) the term 'terminally ill' means any Indian who has a
medical prognosis (as certified by a physician) of a life
expectancy of six months or less; and
"(2) the term 'hospice program' means any program which
satisfies the requirements of section 1861(dd)(2) of the Social
Security Act (42 U.S.C. 1395x(dd)(2)); and
"(3) the term 'hospice care' means the items and services
specified in subparagraphs (A) through (H) of section 1861(dd)(1)
of the Social Security Act (42 U.S.C. 1395x(dd)(1)).".
(b) MANAGED CARE. -- Title II of the Act is amended by adding at the
end the following new section:
"SEC. 210. "25 USC 1621i" (a) The Secretary, acting through the
Service, shall conduct a study to assess the feasibility of allowing an
Indian tribe to purchase, directly or through the Service, managed care
coverage for all members of the tribe from --
"(1) a tribally owned and operated managed care plan; or
"(2) a State licensed managed care plan.
"(b) Not later than the date which is 12 months after the date of the
enactment of this section, the Secretary shall transmit to the Congress
a report containing --
"(1) a detailed description of the study conducted pursuant to
this section; and
"(2) a discussion of the findings and conclusions of such
study.".
(c) CONTRACT CARE. -- Title II of the Act (as amended by subsection
(b) of this Act) is amended by adding at the end the following new
section:
"SEC. 211. "25 USC 1621j" (a) The Secretary shall establish a
demonstration program to evaluate the use of a contract care
intermediary to improve the accessibility of health services to
California Indians.
"(b)(1) In establishing such program, the Secretary shall enter into
an agreement with the California Rural Indian Health Board to reimburse
the Board for costs (including reasonable administrative costs)
incurred, during the period of the demonstration program, in providing
medical treatment under contract to California Indians described in
section 809(b) throughout the California contract health services
delivery area described in section 810 with respect to high-cost
contract care cases.
"(2) Not more than 5 percent of the amounts provided to the Board
under this section for any fiscal year may be for reimbursement for
administrative expenses incurred by the Board during such fiscal year.
"(3) No payment may be made for treatment provided under the
demonstration program to the extent payment may be made for such
treatment under the Catastrophic Health Emergency Fund described in
section 202 or from amounts appropriated or otherwise made available to
the California contract health service delivery area for a fiscal year.
"(c) There is hereby established an advisory board which shall advise
the California Rural Indian Health Board in carrying out the
demonstration pursuant to this section. The advisory board shall be
composed of representatives, selected by the California Rural Indian
Health Board, from not less than 8 tribal health programs serving
California Indians covered under such demonstration, at least one half
of whom are not affiliated with the California Rural Indian Health
Board.
"(d) The demonstration program described in this section shall begin
on January 1, 1993, and shall terminate on September 30, 1997.
"(e) Not later than July 1, 1998, the California Rural Indian Health
Board shall submit to the Secretary a report on the demonstration
program carried out under this section, including a statement of its
findings regarding the impact of using a contract care intermediary on
--
"(1) access to needed health services;
"(2) waiting periods for receiving such services; and
"(3) the efficient management of high-cost contract care cases.
"(f) For the purposes of this section, the term 'high-cost contract
care cases' means those cases in which the cost of the medical treatment
provided to an individual --
"(1) would otherwise be eligible for reimbursement from the
Catastrophic Health Emergency Fund established under section 202,
except that the cost of such treatment does not meet the threshold
cost requirement established pursuant to section 202(b)(2); and
"(2) exceeds $1,000.
"(g) There are authorized to be appropriated for each of the fiscal
years 1993, 1994, 1995, 1996, and 1997 such sums as may be necessary to
carry out the purposes of this section.".
SEC. 207. COVERAGE OF SCREENING MAMMOGRAPHY.
(a) IN GENERAL. -- Title II of the Act (as amended by section 206(c)
of this Act) is amended by adding at the end the following new section:
"SEC. 212. "25 USC 1621k" The Secretary, through the Service, shall
provide for screening mammography (as defined in section 1861(jj) of the
Social Security Act) for Indian and urban Indian women 35 years of age
or older at a frequency, determined by the Secretary (in consultation
with the Director of the National Cancer Institute), appropriate to such
women, and under such terms and conditions as are consistent with
standards established by the Secretary to assure the safety and accuracy
of screening mammography under part B of title XVIII of the Social
Security Act.".
(b) CONFORMING AMENDMENT. -- Section 201(a)(4)(B) of the Act (25
U.S.C. 1621(a)(4)(B)) is amended by striking the semicolon at the end
and inserting the following: ", including screening mammography in
accordance with section 212;".
SEC. 208. PATIENT TRAVEL COSTS.
Title II of the Act (as amended by section 207 of this Act) is
amended by adding at the end the following new section:
"SEC. 213. "25 USC 1621l" (a) The Secretary, acting through the
Service, shall provide funds for the following patient travel costs
associated with receiving health care services provided (either through
direct or contract care or through contracts entered into pursuant to
the Indian Self-Determination Act) under this Act --
"(1) emergency air transportation; and
"(2) nonemergency air transportation where ground
transportation is infeasible.
"(b) There are authorized to be appropriated to carry out this
section $15,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998,
1999, and 2000.".
SEC. 209. THIRD PARTY REIMBURSEMENT.
(a) RECOVERY BY INDIAN TRIBE. -- Section 206 of the Act (25 U.S.C.
1621e) is amended --
(1) by inserting ", an Indian tribe, or a tribal organization"
after "United States" each place it appears;
(2) in subsection (a), by inserting ", an Indian tribe, or a
tribal organization" after "Service";
(3) in subsection (a) and subsection (e)(1)(A), by inserting ",
an Indian tribe, or a tribal organization" after "Secretary" each
place it appears; and
(4) in subsection (b), by striking ", or any political
subdivision of a State,".
(b) SPECIAL RULE WITH RESPECT TO SELF-INSURANCE PLAN. -- Section 206
of the Act (25 U.S.C. 1621e) is amended --
(1) by striking "(a) The" and inserting the following: "(a)
Except as provided in subsection (f), the"; and
(2) by adding at the end the following new subsection:
"(f) The United States shall not have a right of recovery under this
section if the injury, illness, or disability for which health services
were provided is covered under a self-insurance plan funded by an Indian
tribe or tribal organization.".
SEC. 210. EPIDEMIOLOGY CENTERS.
Title II of the Act (as amended by section 208 of this Act) is
amended by adding at the end the following new section:
"SEC. 214. "25 USC 1621m" (a)(1) The Secretary shall establish an
epidemiology center in each Service area to carry out the functions
described in paragraph (3).
"(2) To assist such centers in carrying out such functions, the
Secretary shall perform the following:
"(A) In consultation with the Centers for Disease Control and
Indian tribes, develop sets of data (which to the extent
practicable, shall be consistent with the uniform data sets used
by the States with respect to the year 2000 health objectives) for
uniformly defining health status for purposes of the objectives
specified in section 3(b). Such sets shall consist of one or more
categories of information. The Secretary shall develop formats
for the uniform collecting and reporting of information on such
categories.
"(B) Establish and maintain a system for monitoring the
progress made toward meeting each of the health status objectives
described in section 3(b).
"(3) In consultation with Indian tribes and urban Indian communities,
each area epidemiology center established under this subsection shall,
with respect to such area --
"(A) collect data relating to, and monitor progress made toward
meeting, each of the health status objectives described in section
3(b) using the data sets and monitoring system developed by the
Secretary pursuant to paragraph (2);
"(B) evaluate existing delivery systems, data systems, and
other systems that impact the improvement of Indian health;
"(C) assist tribes and urban Indian communities in identifying
their highest priority health status objectives and the services
needed to achieve such objectives, based on epidemiological data;
"(D) make recommendations for the targeting of services needed
by tribal, urban, and other Indian communities;
"(E) make recommendations to improve health care delivery
systems for Indians and urban Indians;
"(F) work cooperatively with tribal providers of health and
social services in order to avoid duplication of existing
services; and
"(G) provide technical assistance to Indian tribes and urban
Indian organizations in the development of local health service
priorities and incidence and prevalence rates of disease and other
illness in the community.
"(4) Epidemiology centers established under this subsection shall be
subject to the provisions of the Indian Self-Determination Act (25
U.S.C. 450f et seq.).
"(5) The director of the Centers for Disease Control shall provide
technical assistance to the centers in carrying out the requirements of
this subsection.
"(6) The Service shall assign one epidemiologist from each of its
area offices to each area epidemiology center to provide such center
with technical assistance necessary to carry out this subsection.
"(b)(1) The Secretary may make grants to Indian tribes, tribal
organizations, and eligible intertribal consortia or Indian
organizations to conduct epidemiological studies of Indian communities.
"(2) An intertribal consortia or Indian organization is eligible to
receive a grant under this subsection if --
"(A) it is incorporated for the primary purpose of improving
Indian health; and
"(B) it is representative of the tribes or urban Indian
communities in which it is located.
"(3) An application for a grant under this subsection shall be
submitted in such manner and at such time as the Secretary shall
prescribe.
"(4) Applicants for grants under this subsection shall --
"(A) demonstrate the technical, administrative, and financial
expertise necessary to carry out the functions described in
paragraph (5);
"(B) consult and cooperate with providers of related health and
social services in order to avoid duplication of existing
services; and
"(C) demonstrate cooperation from Indian tribes or urban Indian
organizations in the area to be served.
"(5) A grant awarded under paragraph (1) may be used to --
"(A) carry out the functions described in subsection (a)(3);
"(B) provide information to and consult with tribal leaders,
urban Indian community leaders, and related health staff, on
health care and health services management issues; and
"(C) provide, in collaboration with tribes and urban Indian
communities, the Service with information regarding ways to
improve the health status of Indian people.
"(6) There are authorized to be appropriated to carry out the
purposes of this subsection not more than $12,000,000 for fiscal year
1993 and such sums as may be necessary for each of the fiscal years
1994, 1995, 1996, 1997, 1998, 1999, and 2000.".
SEC. 211. COMPREHENSIVE SCHOOL HEALTH EDUCATION PROGRAMS.
Title II of the Act (as amended by section 210 of this Act) is
amended by adding at the end the following new section:
"SEC. 215. "25 USC 1621n" (a) The Secretary, acting through the
Service and in consultation with the Secretary of the Interior, may
award grants to Indian tribes to develop comprehensive school health
education programs for children from preschool through grade 12 in
schools located on Indian reservations.
"(b) Grants awarded under this section may be used to --
"(1) develop health education curricula;
"(2) train teachers in comprehensive school health education
curricula;
"(3) integrate school-based, community-based, and other public
and private health promotion efforts;
"(4) encourage healthy, tobacco-free school environments;
"(5) coordinate school-based health programs with existing
services and programs available in the community;
"(6) develop school programs on nutrition education, personal
health, and fitness;
"(7) develop mental health wellness programs;
"(8) develop chronic disease prevention programs;
"(9) develop substance abuse prevention programs;
"(10) develop accident prevention and safety education
programs;
"(11) develop activities for the prevention and control of
communicable diseases; and
"(12) develop community and environmental health education
programs.
"(c) The Secretary shall provide technical assistance to Indian
tribes in the development of health education plans, and the
dissemination of health education materials and information on existing
health programs and resources.
"(d) The Secretary shall establish criteria for the review and
approval of applications for grants made pursuant to this section.
"(e) Recipients of grants under this section shall submit to the
Secretary an annual report on activities undertaken with funds provided
under this section. Such reports shall include a statement of --
"(1) the number of preschools, elementary schools, and
secondary schools served;
"(2) the number of students served;
"(3) any new curricula established with funds provided under
this section;
"(4) the number of teachers trained in the health curricula;
and
"(5) the involvement of parents, members of the community, and
community health workers in programs established with funds
provided under this section.
"(f)(1) The Secretary of the Interior, acting through the Bureau of
Indian Affairs and in cooperation with the Secretary, shall develop a
comprehensive school health education program for children from
preschool through grade 12 in schools operated by the Bureau of Indian
Affairs.
"(2) Such program shall include --
"(A) school programs on nutrition education, personal health,
and fitness;
"(B) mental health wellness programs;
"(C) chronic disease prevention programs;
"(D) substance abuse prevention programs;
"(E) accident prevention and safety education programs; and
"(F) activities for the prevention and control of communicable
diseases.
"(3) The Secretary of the Interior shall --
"(A) provide training to teachers in comprehensive school
health education curricula;
"(B) ensure the integration and coordination of school-based
programs with existing services and health programs available in
the community; and
"(C) encourage healthy, tobacco-free school environments.
"(g) There are authorized to be appropriated to carry out this
section $15,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998,
1999, and 2000.".
SEC. 212. INDIAN YOUTH GRANT PROGRAM.
Title II of the Act (as amended by section 211 of this Act) is
amended by adding at the end the following new section:
"SEC. 216. "25 USC 1621o" (a) The Secretary, acting through the
Service, is authorized to make grants to Indian tribes, tribal
organizations, and urban Indian organizations for innovative mental and
physical disease prevention and health promotion and treatment programs
for Indian preadolescent and adolescent youths.
"(b)(1) Funds made available under this section may be used to --
"(A) develop prevention and treatment programs for Indian youth
which promote mental and physical health and incorporate cultural
values, community and family involvement, and traditional healers;
and
"(B) develop and provide community training and education.
"(2) Funds made available under this section may not be used to
provide services described in section 209(m).
"(c) The Secretary shall --
"(1) disseminate to Indian tribes information regarding models
for the delivery of comprehensive health care services to Indian
and urban Indian adolescents;
"(2) encourage the implementation of such models; and
"(3) at the request of an Indian tribe, provide technical
assistance in the implementation of such models.
"(d) The Secretary shall establish criteria for the review and
approval of applications under this section.
"(e) There are authorized to be appropriated to carry out this
section $5,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998,
1999, and 2000.".
SEC. 213. AMERICAN INDIANS INTO PSYCHOLOGY PROGRAM.
Title II of the Act (as amended by section 212 of this Act) is
amended by adding at the end the following new section:
"SEC. 217. "25 USC 1621p" (a) The Secretary may provide grants to at
least 3 colleges and universities for the purpose of developing and
maintaining American Indian psychology career recruitment programs as a
means of encouraging Indians to enter the mental health field.
"(b) The Secretary shall provide one of the grants authorized under
subsection (a) to develop and maintain a program at the University of
North Dakota to be known as the 'Quentin N. Burdick American Indians
Into Psychology Program'. Such program shall, to the maximum extent
feasible, coordinate with the Quentin N. Burdick Indian Health Programs
authorized under section 114(b), the Quentin N. Burdick American Indians
Into Nursing Program authorized under section 112(e), and existing
university research and communications networks.
"(c)(1) The Secretary shall issue regulations for the competitive
awarding of the grants provided under this section.
"(2) Applicants for grants under this section shall agree to provide
a program which, at a minimum --
"(A) provides outreach and recruitment for health professions
to Indian communities including elementary, secondary and
community colleges located on Indian reservations that will be
served by the program;
"(B) incorporates a program advisory board comprised of
representatives from the tribes and communities that will be
served by the program;
"(C) provides summer enrichment programs to expose Indian
students to the varied fields of psychology through research,
clinical, and experimental activities;
"(D) provides stipends to undergraduate and graduate students
to pursue a career in psychology;
"(E) develops affiliation agreements with tribal community
colleges, the Service, university affiliated programs, and other
appropriate entities to enhance the education of Indian students;
"(F) to the maximum extent feasible, utilizes existing
university tutoring, counseling and student support services; and
"(G) to the maximum extent feasible, employs qualified Indians
in the program.
"(d) The active duty service obligation prescribed under section 338C
of the Public Health Service Act (42 U.S.C. 254m) shall be met by each
graduate student who receives a stipend described in subsection
(c)(2)(D) that is funded by a grant provided under this section. Such
obligation shall be met by service --
"(1) in the Indian Health Service;
"(2) in a program conducted under a contract entered into under
the Indian Self-Determination Act;
"(3) in a program assisted under title V of this Act; or
"(4) in the private practice of psychology if, as determined by
the Secretary, in accordance with guidelines promulgated by the
Secretary, such practice is situated in a physician or other
health professional shortage area and addresses the health care
needs of a substantial number of Indians.".
SEC. 214. PREVENTION, CONTROL, AND ELIMINATION OF TUBERCULOSIS.
Title II of the Act (as amended by section 213 of this Act) is
amended by adding at the end the following new section:
"SEC. 218. "25 USC 1621q" (a) The Secretary, acting through the
Service after consultation with the Centers for Disease Control, may
make grants to Indian tribes and tribal organizations for --
"(1) projects for the prevention, control, and elimination of
tuberculosis;
"(2) public information and education programs for the
prevention, control, and elimination of tuberculosis; and
"(3) education, training, and clinical skills improvement
activities in the prevention, control, and elimination of
tuberculosis for health professionals, including allied health
professionals.
"(b) The Secretary may make a grant under subsection (a) only if an
application for the grant is submitted to the Secretary and the
application is in such form, is made in such manner, and contains the
assurances required by subsection (c) and such other agreements,
assurances, and information as the Secretary may require.
"(c) To be eligible for a grant under subsection (a), an applicant
must provide assurances to the Secretary that --
"(1) the applicant will coordinate its activities for the
prevention, control, and elimination of tuberculosis with
activities of the Centers for Disease Control, and State and local
health agencies; and
"(2) the applicant will submit to the Secretary an annual
report on its activities for the prevention, control, and
elimination of tuberculosis.
"(d) In carrying out this section, the Secretary --
"(1) shall establish criteria for the review and approval of
applications for grants under subsection (a), including
requirement of public health qualifications of applicants;
"(2) shall, subject to available appropriations, make at least
one grant under subsection (a) within each area office;
"(3) may, at the request of an Indian tribe or tribal
organization, provide technical assistance; and
"(4) shall prepare and submit a report to the Committee on
Energy and Commerce and the Committee on Interior and Insular
Affairs of the House and the Select Committee on Indian Affairs of
the Senate not later than February 1, 1994, and biannually
thereafter, on the use of funds under this section and on the
progress made toward the prevention, control, and elimination of
tuberculosis among Indian tribes and tribal organizations.
"(e) The Secretary may, at the request of a recipient of a grant
under subsection (a), reduce the amount of such grant by --
"(1) the fair market value of any supplies or equipment
furnished the grant recipient; and
"(2) the amount of the pay, allowances, and travel expenses of
any officer or employee of the Government when detailed to the
grant recipient and the amount of any other costs incurred in
connection with the detail of such officer or employee,
when the furnishing of such supplies or equipment or the detail of such
an officer or employee is for the convenience of and at the request of
such grant recipient and for the purpose of carrying out a program with
respect to which the grant under subsection (a) is made. The amount by
which any such grant is so reduced shall be available for payment by the
Secretary of the costs incurred in furnishing the supplies or equipment,
or in detailing the personnel, on which the reduction of such grant is
based, and such amount shall be deemed as part of the grant and shall be
deemed to have been paid to the grant recipient.".
SEC. 215. CONTRACT HEALTH SERVICES.
Title II of the Act (as amended by section 214 of this Act) is
amended by adding at the end the following new sections:
"SEC. 219. "25 USC 1621r" (a) The Secretary, acting through the
Service and in consultation with representatives of Indian tribes and
tribal organizations operating contract health care programs under the
Indian Self-Determination Act (25 U.S.C. 450f et seq.) or under
self-governance compacts, Service personnel, private contract health
services providers, the Indian Health Service Fiscal Intermediary, and
other appropriate experts, shall conduct a study --
"(1) to assess and identify administrative barriers that hinder
the timely payment for services delivered by private contract
health services providers to individual Indians by the Service and
the Indian Health Service Fiscal Intermediary;
"(2) to assess and identify the impact of such delayed payments
upon the personal credit histories of individual Indians who have
been treated by such providers; and
"(3) to determine the most efficient and effective means of
improving the Service's contract health services payment system
and ensuring the development of appropriate consumer protection
policies to protect individual Indians who receive authorized
services from private contract health services providers from
billing and collection practices, including the development of
materials and programs explaining patients' rights and
responsibilities.
"(b) The study required by subsection (a) shall --
"(1) assess the impact of the existing contract health services
regulations and policies upon the ability of the Service and the
Indian Health Service Fiscal Intermediary to process, on a timely
and efficient basis, the payment of bills submitted by private
contract health services providers;
"(2) assess the financial and any other burdens imposed upon
individual Indians and private contract health services providers
by delayed payments;
"(3) survey the policies and practices of collection agencies
used by contract health services providers to collect payments for
services rendered to individual Indians;
"(4) identify appropriate changes in Federal policies,
administrative procedures, and regulations, to eliminate the
problems experienced by private contract health services providers
and individual Indians as a result of delayed payments; and
"(5) compare the Service's payment processing requirements with
private insurance claims processing requirements to evaluate the
systemic differences or similarities employed by the Service and
private insurers.
"(c) Not later than 12 months after the date of the enactment of this
section, the Secretary shall transmit to the Congress a report that
includes --
"(1) a detailed description of the study conducted pursuant to
this section; and
"(2) a discussion of the findings and conclusions of such
study.
"SEC. 220. "25 USC 1621s" (a) The Service shall respond to a
notification of a claim by a provider of a contract care service with
either an individual purchase order or a denial of the claim within 5
working days after the receipt of such notification.
"(b) If the Service fails to respond to a notification of a claim in
accordance with subsection (a), the Service shall accept as valid the
claim submitted by the provider of a contract care service.
"(c) The Service shall pay a completed contract care service claim
within 30 days after completion of the claim.
"SEC. 221. "25 USC 1621t" (a) Not later than June 15, 1993, the
Secretary shall develop and implement, directly or by contract, 2
projects to demonstrate in a pilot setting the use of claims processing
technology to improve the accuracy and timeliness of the billing for,
and payment of, contract health services.
"(b) The Secretary shall conduct one of the projects authorized in
subsection (a) in the Service area served by the area office located in
Phoenix, Arizona.
"SEC. 222. "25 USC 1621u" (a) A patient who receives contract health
care services that are authorized by the Service shall not be liable for
the payment of any charges or costs associated with the provision of
such services.
"(b) The Secretary shall notify a contract care provider and any
patient who receives contract health care services authorized by the
Service that such patient is not liable for the payment of any charges
or costs associated with the provision of such services.".
SEC. 216. OFFICE OF WOMEN'S INDIAN HEALTH CARE.
Title II of the Act (as amended by section 215 of this Act) is
amended by adding at the end the following new section:
"SEC. 223. "25 USC 1621v" There is established within the Service an
Office of Indian Women's Health Care to oversee efforts of the Service
to monitor and improve the quality of health care for Indian women of
all ages through the planning and delivery of programs administered by
the Service, in order to improve and enhance the treatment models of
care for Indian women.".
SEC. 217. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION. -- Title II of the Act (as amended by section 216
of this Act) is amended by adding at the end the following new section:
"SEC. 224. "25 USC 1621w" Except as provided in sections 209(m),
211, 213, 214(b)(5), 215, and 216, there are authorized to be
appropriated such sums as may be necessary for each fiscal year through
fiscal year 2000 to carry out this title.".
(b) CONFORMING AMENDMENTS. -- Title II of the Act is amended --
(1) in section 201(h), "25 USC 1621" by striking out the first
sentence and striking out "subsection" and inserting in lieu
thereof "section".
(2) in section 202, by striking out subsection (e) "25 USC
1621a";
(3) in section 204(e), "25 USC 1621c" by striking out the first
sentence and striking out "subsection (c)" and inserting in lieu
thereof "this section"; and
(4) in section 209 (as amended by section 902(3)(B) "25 USC
1621h" of this Act) --
(A) by striking out subsections (c)(5), (d)(6), (f)(4), and
(g)(5);
(B) in subsection (h) --
(i) by striking out paragraph (2) and by striking out "(1)";
(ii) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively;
(iii) by striking out "subparagraph (A)" and inserting
"paragraph (1)"; and
(iv) by striking out "subparagraph (B)" and inserting
"paragraph (2)";
(C) in subsection (i), by striking out paragraph (2) and by
striking out "(1)";
(D) in subsection (d)(3)(B), by striking out "this subsection"
and inserting in lieu thereof "this section"; and
(E) in subsection (k)(6), by striking out the first sentence
and in the second sentence by striking out "subsection" and
inserting in lieu thereof "section".
SEC. 301. HEALTH FACILITIES CLOSURE AND PRIORITIES.
Section 301 of the Act (25 U.S.C. 1631) is amended --
(1) in subsection (a)(2), by striking out "Hospitals" and
inserting "Health Care Organizations";
(2) in subsection (b)(1) --
(A) in the material preceding subparagraph (A), by striking out
"other" before "outpatient";
(B) by striking out "and" at the end of subparagraph (D);
(C) by striking out the period at the end of subparagraph (E)
and inserting in lieu thereof a semicolon; and
(D) by adding at the end the following new subparagraphs:
"(F) the level of utilization of such hospital or facility by
all eligible Indians; and
"(G) the distance between such hospital or facility and the
nearest operating Service hospital.";
(3) by striking out subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d), respectively;
(4) in subsection (c)(1) (as redesignated by paragraph (2) of
this subsection), by amending the material preceding subparagraph
(A) to read as follows:
"(c)(1) The Secretary shall submit to the President, for inclusion in
each report required to be transmitted to the Congress under section
801, a report which sets forth -- "; and
(5) by striking out paragraph (2) of subsection (c) (as
redesignated by paragraph (2)) and redesignating paragraphs (3),
(4), and (5) of such subsection as paragraphs (2), (3), and (4),
respectively.
SEC. 302. SAFE WATER AND SANITARY WASTE DISPOSAL FACILITIES.
Section 302 of the Act (25 U.S.C. 1632) is amended --
(1) by amending subsection (e) to read as follows:
"(e)(1) The Secretary is authorized to provide financial assistance
to Indian tribes and communities in an amount equal to the Federal share
of the costs of operating, managing, and maintaining the facilities
provided under the plan described in subsection (c).
"(2) For the purposes of paragraph (1), the term 'Federal share'
means 80 percent of the costs described in paragraph (1).
"(3) With respect to Indian tribes with fewer than 1,000 enrolled
members, the non-Federal portion of the costs of operating, managing,
and maintaining such facilities may be provided, in part, through cash
donations or in kind property, fairly evaluated.";
(2) in subsection (f)(1), by striking out "subsection (h)" and
inserting in lieu thereof "this section"; and
(3) in subsection (g) --
(A) in paragraph (1), by striking out "The Secretary" through
"report" and inserting in lieu thereof the following: "The
Secretary shall submit to the President, for inclusion in each
report required to be transmitted to the Congress under section
801, a report"; and
(B) by striking out paragraph (2) and redesignating paragraphs
(3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5),
respectively.
SEC. 303. AMBULATORY CARE FACILITIES GRANT PROGRAM.
Section 306 of the Act (25 U.S.C. 1636) is amended to read as
follows:
"SEC. 306. (a)(1) The Secretary, acting through the Service, shall
make grants to tribes and tribal organizations for the construction,
expansion, or modernization of facilities for the provision of
ambulatory care services to eligible Indians (and noneligible persons as
provided in subsection (c)(1)(C)). A grant made under this section may
cover up to 100 percent of the costs of such construction, expansion, or
modernization. For the purposes of this section, the term
'construction' includes the replacement of an existing facility.
"(2) A grant under paragraph (1) may only be made to a tribe or
tribal organization operating an Indian health facility (other than a
facility owned or constructed by the Service, including a facility
originally owned or constructed by the Service and transferred to a
tribe or tribal organization) pursuant to a contract entered into under
the Indian Self-Determination Act.
"(b)(1) A grant provided under this section may be used only for the
construction, expansion, or modernization (including the planning and
design of such construction, expansion, or modernization) of an
ambulatory care facility --
"(A) located apart from a hospital;
"(B) not funded under section 301 or section 307; and
"(C) which, upon completion of such construction, expansion, or
modernization will --
"(i) have a total capacity appropriate to its projected service
population;
"(ii) serve no less than 500 eligible Indians annually; and
"(iii) provide ambulatory care in a service area (specified in
the contract entered into under the Indian Self-Determination Act)
with a population of not less than 2,000 eligible Indians.
"(2) The requirements of clauses (ii) and (iii) of paragraph (1)(C)
shall not apply to a tribe or tribal organization applying for a grant
under this section whose tribal government offices are located on an
island.
"(c)(1) No grant may be made under this section unless an application
for such a grant has been submitted to and approved by the Secretary.
An application for a grant under this section shall be submitted in such
form and manner as the Secretary shall by regulation prescribe and shall
set forth reasonable assurance by the applicant that, at all times after
the construction, expansion, or modernization of a facility carried out
pursuant to a grant received under this section --
"(A) adequate financial support will be available for the
provision of services at such facility;
"(B) such facility will be available to eligible Indians
without regard to ability to pay or source of payment; and
"(C) such facility will, as feasible without diminishing the
quality or quantity of services provided to eligible Indians,
serve noneligible persons on a cost basis.
"(2) In awarding grants under this section, the Secretary shall give
priority to tribes and tribal organizations that demonstrate --
"(A) a need for increased ambulatory care services; and
"(B) insufficient capacity to deliver such services.
"(d) If any facility (or portion thereof) with respect to which funds
have been paid under this section, ceases, at any time after completion
of the construction, expansion, or modernization carried out with such
funds, to be utilized for the purposes of providing ambulatory care
services to eligible Indians, all of the right, title, and interest in
and to such facility (or portion thereof) shall transfer to the United
States.".
SEC. 304. INDIAN HEALTH CARE DELIVERY DEMONSTRATION PROJECT.
(a) AWARDING OF GRANTS. -- Section 307(c) of the Act (25 U.S.C.
1637(c)(3)) is amended --
(1) in paragraph (1)(A), by inserting "or program" immediately
after "facility" each place it appears;
(2) in paragraph (3)(A) --
(A) by striking "The" and inserting "On or before September 30,
1995, the"; and
(B) by adding before the colon the following: "and for which a
completed application has been received by the Secretary"; and
(3) by striking subparagraph (B) and inserting the following:
"(B) The Secretary may also enter into contracts or award grants
under this section taking into consideration applications received under
this section from all service areas. The Secretary may not award a
greater number of such contracts or grants in one service area than in
any other service area until there is an equal number of such contracts
or grants awarded with respect to all service areas from which the
Secretary receives applications during the application period (as
determined by the Secretary) which meet the criteria specified in
paragraph (1).".
(b) REPORTS. -- Section 307(h) of the Act (25 U.S.C. 1637(h)) is
amended to read as follows:
"(h)(1) The Secretary shall submit to the President, for inclusion in
the report which is required to be submitted to the Congress under
section 801 for fiscal year 1997, an interim report on the findings and
conclusions derived from the demonstration projects established under
this section.
"(2) The Secretary shall submit to the President, for inclusion in
the report which is required to be submitted to the Congress under
section 801 for fiscal year 1999, a final report on the findings and
conclusions derived from the demonstration projects established under
this section, together with legislative recommendations.".
SEC. 305. EXPENDITURE OF NONSERVICE FUNDS FOR RENOVATION.
Section 305 of the Act (25 U.S.C. 1634) is amended to read as
follows:
"SEC. 305. (a)(1) Notwithstanding any other provision of law, the
Secretary is authorized to accept any major renovation or modernization
by any Indian tribe of any Service facility, or of any other Indian
health facility operated pursuant to a contract entered into under the
Indian Self-Determination Act, including --
"(A) any plans or designs for such renovation or modernization;
and
"(B) any renovation or modernization for which funds
appropriated under any Federal law were lawfully expended,
but only if the requirements of subsection (b) are met.
"(2) The Secretary shall maintain a separate priority list to address
the needs of such facilities for personnel or equipment.
"(3) The Secretary shall submit to the President, for inclusion in
each report required to be transmitted to the Congress under section
801, the priority list maintained pursuant to paragraph (2).
"(b) The requirements of this subsection are met with respect to any
renovation or modernization if --
"(1) the tribe or tribal organization --
"(A) provides notice to the Secretary of its intent to renovate
or modernize; and
"(B) applies to the Secretary to be placed on a separate
priority list to address the needs of such new facilities for
personnel or equipment; and
"(2) the renovation or modernization --
"(A) is approved by the appropriate area director of the
Service; and
"(B) is administered by the tribe in accordance with the rules
and regulations prescribed by the Secretary with respect to
construction or renovation of Service facilities.
"(c) If any Service facility which has been renovated or modernized
by an Indian tribe under this section ceases to be used as a Service
facility during the 20-year period beginning on the date such renovation
or modernization is completed, such Indian tribe shall be entitled to
recover from the United States an amount which bears the same ratio to
the value of such facility at the time of such cessation as the value of
such renovation or modernization (less the total amount of any funds
provided specifically for such facility under any Federal program that
were expended for such renovation or modernization) bore to the value of
such facility at the time of the completion of such renovation or
modernization.".
SEC. 306. LAND TRANSFER.
Title III of the Act is amended by adding at the end the following
new section:
"SEC. 308. "25 USC 1638" The Bureau of Indian Affairs is authorized
to transfer, at no cost, up to 5 acres of land at the Chemawa Indian
School, Salem, Oregon, to the Service for the provision of health care
services. The land authorized to be transferred by this section is that
land adjacent to land under the jurisdiction of the Service and occupied
by the Chemawa Indian Health Center.".
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION. -- Title III of the Act (as amended by section
306 of this Act) is amended by adding at the end the following new
section:
"SEC. 309. "25 USC 1638a" There are authorized to be appropriated
such sums as may be necessary for each fiscal year through fiscal year
2000 to carry out this title.".
(b) CONFORMING AMENDMENTS. -- Title III of the Act is amended --
(1) in section 302, by striking out subsection (h) "25 USC
1632"; and
(2) in section 307, by striking out subsection (i) "25 USC
1637".
SEC. 308. BUY AMERICAN REQUIREMENT.
Title III of the Act (as amended by section 307 of this Act) is
amended by adding at the end the following new section:
"SEC. 310. "25 USC 1638b" (a) The Secretary shall ensure that the
requirements of the Buy American Act apply to all procurements made with
funds provided pursuant to the authorization contained in section 309.
"(b) The Secretary shall submit to the Congress a report on the
amount of procurements from foreign entities made in fiscal years 1993
and 1994 with funds provided pursuant to the authorization contained in
section 309. Such report shall separately indicate the dollar value of
items procured with such funds for which the Buy American Act was waived
pursuant to the Trade Agreement Act of 1979 or any international
agreement to which the United States is a party.
"(c) If it has been finally determined by a court or Federal agency
that any person intentionally affixed a label bearing a 'Made in
America' inscription, or any inscription with the same meaning, to any
product sold in or shipped to the United States that is not made in the
United States, such person shall be ineligible to receive any contract
or subcontract made with funds provided pursuant to the authorization
contained in section 309, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through 9.409 of
title 48, Code of Federal Regulations.
"(d) For purposes of this section, the term "Buy American Act" means
title III of the Act entitled "An Act making appropriations for the
Treasury and Post Office Departments for the fiscal year ending June 30,
1934, and for other purposes", approved March 3, 1933 (41 U.S.C. 10a et
seq.).".
SEC. 401. TREATMENT OF PAYMENTS TO INDIAN HEALTH SERVICE FACILITIES
UNDER MEDICARE AND MEDICAID PROGRAMS.
(a) MEDICARE PROGRAM. -- Section 401 of the Act (42 U.S.C. 1395qq
note) is amended to read as follows:
"SEC. 401. "25 USC 1641" (a) Any payments received by a hospital or
skilled nursing facility of the Service (whether operated by the Service
or by an Indian tribe or tribal organization pursuant to a contract
under the Indian Self-Determination Act) for services provided to
Indians eligible for benefits under title XVIII of the Social Security
Act shall not be considered in determining appropriations for health
care and services to Indians.
"(b) Nothing in this Act authorizes the Secretary to provide services
to an Indian beneficiary with coverage under title XVIII of the Social
Security Act, as amended, in preference to an Indian beneficiary without
such coverage.".
(b) MEDICAID PROGRAM. -- (1) Section 402 of the Act is amended to
read as follows:
"SEC. 402. "25 USC 1642" (a) Notwithstanding any other provision of
law, payments to which any facility of the Service (including a
hospital, nursing facility, intermediate care facility for the mentally
retarded, or any other type of facility which provides services for
which payment is available under title XIX of the Social Security Act)
is entitled under a State plan by reason of section 1911 of such Act
shall be placed in a special fund to be held by the Secretary and used
by him (to such extent or in such amounts as are provided in
appropriation Acts) exclusively for the purpose of making any
improvements in the facilities of such Service which may be necessary to
achieve compliance with the applicable conditions and requirements of
such title. In making payments from such fund, the Secretary shall
ensure that each service unit of the Service receives at least 80
percent of the amounts to which the facilities of the Service, for which
such service unit makes collections, are entitled by reason of section
1911 of the Social Security Act.
"(b) Any payments received by such facility for services provided to
Indians eligible for benefits under title XIX of the Social Security Act
shall not be considered in determining appropriations for the provision
of health care and services to Indians.".
(2) The increase (from 50 percent) in the percentage of the payments
from the fund "25 USC 1642 note" to be made to each service unit of the
Service specified in the amendment made by paragraph (1) shall take
effect beginning with payments made on January 1, 1993.
SEC. 402. REPORT.
Section 403 of the Act (25 U.S.C. 1671 note) "25 USC 1643" is amended
by striking out "The Secretary" and all that follows through "section
701" and inserting in lieu thereof the following: "The Secretary shall
submit to the President, for inclusion in the report required to be
transmitted to the Congress under section 801,".
SEC. 403. APPLICATION ASSISTANCE.
Section 404 of the Act (25 U.S.C. 1622) "25 USC 1644" is amended --
(1) by amending subsection (b)(4) to read as follows:
"(4) develop and implement --
"(A) a schedule of income levels to determine the extent of
payments of premiums by such organizations for coverage of needy
individuals; and
"(B) methods of improving the participation of Indians in
receiving the benefits provided under titles XVIII and XIX of the
Social Security Act."; and
(2) by amending subsection (c) to read as follows:
"(c) The Secretary, acting through the Service, may enter into an
agreement with an Indian tribe, tribal organization, or urban Indian
organization which provides for the receipt and processing of
applications for medical assistance under title XIX of the Social
Security Act and benefits under title XVIII of the Social Security Act
at a Service facility or a health care facility administered by such
tribe or organization pursuant to a contract under the Indian
Self-Determination Act.".
SEC. 404. EXTENSION OF DEMONSTRATION PROGRAM.
Section 405 of the Act (42 U.S.C. 1395qq note) "25 USC 1645" is
amended --
(1) in subsection (c)(2), by striking "1995" and inserting
"1996"; and
(2) in subsection (e), by striking "1995" and inserting "1996".
SEC. 405. AUTHORIZATION FOR EMERGENCY CONTRACT HEALTH SERVICES.
Title IV of the Act is amended by adding at the end the following new
section:
"SEC. 406. "25 USC 1646" With respect to an elderly or disabled
Indian receiving emergency medical care or services from a non-Service
provider or in a non-Service facility under the authority of this Act,
the time limitation (as a condition of payment) for notifying the
Service of such treatment or admission shall be 30 days.".
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
Title IV of the Act is amended by adding at the end the following new
section:
"SEC. 407. "25 USC 1647" There are authorized to be appropriated
such sums as may be necessary for each fiscal year through fiscal year
2000 to carry out this title.".
SEC. 501. GRANT AUTHORITY.
(a) IN GENERAL. -- Section 502 of the Act (25 U.S.C. 1652) is
amended --
(1) by striking "contracts with" and inserting the following:
"contracts with, or make grants to,";
(2) by inserting after "enters into with" the following: ", or
in any grant the Secretary makes to,"; and
(3) by amending the heading to read as follows:
(b) CONFORMING AMENDMENTS. -- (1) Section 503 of the Act (25 U.S.C.
1653) is amended --
(A) in subsection (a), in the material preceding paragraph (1)
--
(i) by inserting ", or make grants to," after "contracts with";
and
(ii) by inserting "or grant" after "such contract";
(B) in subsection (b) --
(i) in the material preceding paragraph (1), by inserting "or
receive grants" after "enter into contracts"; and
(ii) in paragraph (5), by inserting "or to meet the
requirements for receiving a grant" after "Secretary";
(C) in subsection (c)(1), by inserting before the period at the
end the following: "or receiving grants under subsection (a)";
(D) in subsection (d)(1), by inserting before the period at the
end the following: "or receiving grants under subsection (a)";
(E) in subsection (e)(1), by inserting before the period at the
end the following: "or receiving grants under subsection (a)";
(F) in subsection (f), by inserting "or receiving grants under
subsection (a)" after "this section"; and
(G) by amending the heading to read as follows:
(2) Section 504 of the Act (25 U.S.C. 1654) is amended --
(A) by striking "SEC. 504." and all that follows through the
end of subsection (a) and inserting the following:
"SEC. 504. (a) Under authority of the Act of November 2, 1921 (25
U.S.C. 13), popularly known as the Snyder Act, the Secretary, through
the Service, may enter into contracts with, or make grants to, urban
Indian organizations situated in urban centers for which contracts have
not been entered into, or grants have not been made, under section 503.
The purpose of a contract or grant made under this section shall be the
determination of the matters described in subsection (b)(1) in order to
assist the Secretary in assessing the health status and health care
needs of urban Indians in the urban center involved and determining
whether the Secretary should enter into a contract or make a grant under
section 503 with respect to the urban Indian organization which the
Secretary has entered into a contract with, or made a grant to, under
this section.";
(B) in subsection (b) --
(i) in the material preceding paragraph (1), by inserting ", or
grant made," after "contract entered into"; and
(ii) in paragraph (2), by striking "within one year" and all
that follows through the period at the end and inserting the
following: ", or carry out the requirements of the grant, within
one year after the date on which the Secretary and such
organization enter into such contract, or within one year after
such organization receives such grant, whichever is applicable.";
(C) in subsection (c), by inserting ", or grant made," after
"entered into"; and
(D) by amending the heading to read as follows:
(3) Section 505 of the Act (25 U.S.C. 1655) is amended --
(A) in subsection (a), by inserting "compliance with grant
requirements under this title and" before "compliance with,";
(B) in subsection (b) --
(i) by inserting "or received a grant" after "entered into a
contract"; and
(ii) by inserting before the period at the end the following:
"or the terms of such grant";
(C) in subsection (c) --
(i) by inserting "the requirements of a grant or complied with"
after "complied with";
(ii) by inserting "or grant" after "such contract" each place
it appears";
(iii) by inserting "or make a grant" after "enter into a
contract"; and
(iv) by inserting "or grant" after "whose contract";
(D) in subsection (d), by inserting "or grant" after "a
contract" each place it appears; and
(E) by amending the heading to read as follows:
(4) Section 506 of the Act (25 U.S.C. 1656) is amended --
(A) in subsection (b), by inserting "or grants" after "any
contracts";
(B) in subsection (d), by inserting "or grant" after "contract"
each place it appears;
(C) in subsection (e) --
(i) by inserting ", or grants to," after "Contracts with"; and
(ii) by inserting "or grants" after "such contracts"; and
(D) by amending the heading to read as follows:
(5) Section 507 of the Act (25 U.S.C. 1657) is amended --
(A) in subsection (a) --
(i) in the material preceding paragraph (1), by inserting ", or
a grant received," after "entered into"; and
(ii) in paragraphs (1) and (2), by inserting "or grant" after
"contract" each place it appears; and
(B) in subsections (b) and (c), by inserting "or grant" after
"contract" each place it appears.
(6) Section 509 of the Act (25 U.S.C. 1659) (as amended by section
902(5)(A) of this Act) is amended by inserting "or grant recipients"
after "contractors" each place it appears.
(7) Section 510(a) of the Act (25 U.S.C. 1660(a)) (as amended by
section 902(5)(B) of this Act) is amended by inserting before the period
at the end the following: "and for providing central oversight of the
programs and services authorized under this title".
SEC. 502. ALCOHOL AND SUBSTANCE ABUSE.
Title V of the Act is amended by inserting after section 510 (as
redesignated by section 902(5)(B) of this Act) the following new
section:
"SEC. 511. "25 USC 1660a" (a) GRANTS. -- The Secretary may make
grants for the provision of health-related services in prevention of,
treatment of, rehabilitation of, or school and community-based education
in, alcohol and substance abuse in urban centers to those urban Indian
organizations with whom the Secretary has entered into a contract under
this title or under section 201.
"(b) GOALS OF GRANT. -- Each grant made pursuant to subsection (a)
shall set forth the goals to be accomplished pursuant to the grant. The
goals shall be specific to each grant as agreed to between the Secretary
and the grantee.
"(c) CRITERIA. -- The Secretary shall establish criteria for the
grants made under subsection (a), including criteria relating to the --
"(1) size of the urban Indian population;
"(2) accessibility to, and utilization of, other health
resources available to such population;
"(3) duplication of existing Service or other Federal grants or
contracts;
"(4) capability of the organization to adequately perform the
activities required under the grant;
"(5) satisfactory performance standards for the organization in
meeting the goals set forth in such grant, which standards shall
be negotiated and agreed to between the Secretary and the grantee
on a grant-by-grant basis; and
"(6) identification of need for services.
"The Secretary shall develop a methodology for allocating grants made
pursuant to this section based on such criteria.
"(d) TREATMENT OF FUNDS RECEIVED BY URBAN INDIAN ORGANIZATIONS. --
Any funds received by an urban Indian organization under this Act for
substance abuse prevention, treatment, and rehabilitation shall be
subject to the criteria set forth in subsection (c).".
SEC. 503. TREATMENT OF DEMONSTRATION PROJECTS.
Title V of the Act (as amended by section 502 of this Act) is amended
by adding at the end the following new section:
"SEC. 512. "25 USC 1660b" (a) Notwithstanding any other provision of
law, the Oklahoma City Clinic demonstration project and the Tulsa Clinic
demonstration project shall be treated as service units in the
allocation of resources and coordination of care and shall not be
subject to the provisions of the Indian Self-Determination Act for the
term of such projects. The Secretary shall provide assistance to such
projects in the development of resources and equipment and facility
needs.
"(b) The Secretary shall submit to the President, for inclusion in
the report required to be submitted to the Congress under section 801
for fiscal year 1999, a report on the findings and conclusions derived
from the demonstration projects specified in subsection (a).".
SEC. 504. URBAN NIAAA TRANSFERRED PROGRAMS.
Title V of the Act (as amended by section 503 of this Act) is amended
by adding at the end the following new section:
"SEC. 513. "25 USC 1660c" (a) The Secretary shall, within the Branch
of Urban Health Programs of the Service, make grants or enter into
contracts for the administration of urban Indian alcohol programs that
were originally established under the National Institute on Alcoholism
and Alcohol Abuse (hereafter in this section referred to as 'NIAAA') and
transferred to the Service.
"(b) Grants provided or contracts entered into under this section
shall be used to provide support for the continuation of alcohol
prevention and treatment services for urban Indian populations and such
other objectives as are agreed upon between the Service and a recipient
of a grant or contract under this section.
"(c) Urban Indian organizations that operate Indian alcohol programs
originally funded under NIAAA and subsequently transferred to the
Service are eligible for grants or contracts under this section.
"(d) For the purpose of carrying out this section, the Secretary may
combine NIAAA alcohol funds with other substance abuse funds currently
administered through the Branch of Urban Health Programs of the Service.
"(e) The Secretary shall evaluate and report to the Congress on the
activities of programs funded under this section at least every two
years.".
SEC. 505. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION. -- Title V of the Act (as amended by section 504
of this Act) is amended by adding at the end the following new section:
"SEC. 514. "25 USC 1660d" There are authorized to be appropriated
such sums as may be necessary for each fiscal year through fiscal year
2000 to carry out this title.".
(b) CONFORMING AMENDMENTS. -- Title V of the Act (25 U.S.C. 1650 et
seq.) is amended --
(1) in section 503 "25 USC 1653" --
(A) in subsection (c), by striking out "(c)(1)" and inserting
"(c)" and by striking out paragraph (2);
(B) in subsection (d), by striking out paragraph (4);
(C) in subsection (e), by striking out paragraph (4); and
(D) in subsection (f), by striking out paragraph (5); and
(2) in section 509 (as redesignated by section 902(5)(A) of
this Act), "25 USC 1659" by striking out the last sentence.
SEC. 601. INDIAN HEALTH SERVICE.
Section 601(c) of the Act (15 U.S.C. 1661(c)) is amended --
(1) in paragraph (2), by striking out "and" after the
semicolon;
(2) in paragraph (3), by striking out the period at the end and
inserting in lieu thereof "; and"; and
(3) by adding at the end the following new paragraph:
"(4) all scholarship and loan functions carried out under title
I.".
SEC. 602. DIRECTOR OF INDIAN HEALTH SERVICE.
(a) CONFIRMATION BY SENATE. --
(1) IN GENERAL. -- Section 601(a) of the Act (25 U.S.C.
1661(a)) is amended in the second sentence by striking "Secretary"
and inserting "President, by and with the advice and consent of
the Senate".
(2) EFFECTIVE DATE. -- The amendment made by paragraph (1) "25
USC 1661 note" shall take effect January 1, 1993.
(b) INTERIM APPOINTMENT. -- The President may appoint an individual
to serve as Interim Director of the Service from January 1, 1993, until
such time as a Director is appointed and confirmed as provided in
section 601(a) "25 USC 1661 note" of the Indian Health Care Improvement
Act (25 U.S.C. 1601 et seq.) (as amended by subsection (a) of this
section).
(c) TERM. -- Section 601(a) of the Act (25 U.S.C. 1661(a)) is
amended by adding at the end the following: "Effective with respect to
an individual appointed by the President, by and with the advice and
consent of the Senate, after January 1, 1993, the term of service of the
Director shall be 4 years. A Director may serve more than 1 term.".
SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
Title VI of the Act (25 U.S.C. 1661 et seq.) is amended by adding at
the end the following new section:
"SEC. 603. "25 USC 1663" There are authorized to be appropriated
such sums as may be necessary for each fiscal year through fiscal year
2000 to carry out this title.".
SEC. 701. REDESIGNATION OF EXISTING TITLE VII.
(a) TITLE HEADING. -- Title VII of the Act (25 U.S.C. 1671 et seq.)
is redesignated as title VIII and the title heading is amended to read
as follows:
(b) REDESIGNATION OF SECTIONS. -- Sections 701 through 720 of the
Act (25 U.S.C. 1671 et seq.) are hereby redesignated as sections 801
through 820, respectively.
(c) CONFORMING AMENDMENTS. -- The Act "25 USC 1621f" is amended --
(1) in section 207(a), by striking out "section 713" and
inserting in lieu thereof "section 813";
(2) in section 307(e), by striking out "section 713" "25 USC
1637" and inserting in lieu thereof "section 813"; and
(3) in section 405(b) "25 USC 1645" --
(A) in paragraph (1), by striking out "sections 402(c) and
713(b)(2)(A)" and inserting in lieu thereof "sections 402(a) and
813(b)(2)(A)"; and
(B) in paragraph (4), by striking out "section 402(c)" each
place it appears and inserting in lieu thereof "section 402(a)".
(d) REFERENCES. -- Any reference in a provision of law other than
the Indian Health Care Improvement Act "25 USC 1671 note" to sections
redesignated by subsection (b) shall be deemed to refer to the section
as so redesignated.
SEC. 702. SUBSTANCE ABUSE PROGRAMS.
(a) IN GENERAL. -- The Act is amended by inserting after title VI
the following new title:
"SEC. 701. "25 USC 1665" The Memorandum of Agreement entered into
pursuant to section 4205 of the Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 (25 U.S.C. 2411) shall include
specific provisions pursuant to which the Service shall assume
responsibility for --
"(1) the determination of the scope of the problem of alcohol
and substance abuse among Indian people, including the number of
Indians within the jurisdiction of the Service who are directly or
indirectly affected by alcohol and substance abuse and the
financial and human cost;
"(2) an assessment of the existing and needed resources
necessary for the prevention of alcohol and substance abuse and
the treatment of Indians affected by alcohol and substance abuse;
and
"(3) an estimate of the funding necessary to adequately support
a program of prevention of alcohol and substance abuse and
treatment of Indians affected by alcohol and substance abuse.
"SEC. 702. "25 USC 1665a" (a) COMPREHENSIVE PREVENTION AND TREATMENT
PROGRAM. -- (1) The Secretary, acting through the Service, shall
provide a program of comprehensive alcohol and substance abuse
prevention and treatment which shall include --
"(A) prevention, through educational intervention, in Indian
communities;
"(B) acute detoxification and treatment;
"(C) community-based rehabilitation;
"(D) community education and involvement, including extensive
training of health care, educational, and community-based
personnel; and
"(E) residential treatment programs for pregnant and post
partum women and their children.
"(2) The target population of such program shall be members of Indian
tribes. Efforts to train and educate key members of the Indian
community shall target employees of health, education, judicial, law
enforcement, legal, and social service programs.
"(b) CONTRACT HEALTH SERVICES. -- (1) The Secretary, acting through
the Service, may enter into contracts with public or private providers
of alcohol and substance abuse treatment services for the purpose of
assisting the Service in carrying out the program required under
subsection (a).
"(2) In carrying out this subsection, the Secretary shall provide
assistance to Indian tribes to develop criteria for the certification of
alcohol and substance abuse service providers and accreditation of
service facilities which meet minimum standards for such services and
facilities as may be determined pursuant to section 4205(a)(3) of the
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986
(25 U.S.C. 2411(a)(3)).
"(c) GRANTS FOR MODEL PROGRAM. -- (1) The Secretary, acting through
the Service shall make a grant to the Standing Rock Sioux Tribe to
develop a community-based demonstration project to reduce drug and
alcohol abuse on the Standing Rock Sioux Reservation and to rehabilitate
Indian families afflicted by such abuse.
"(2) Funds shall be used by the Tribe to --
"(A) develop and coordinate community-based alcohol and
substance abuse prevention and treatment services for Indian
families;
"(B) develop prevention and intervention models for Indian
families;
"(C) conduct community education on alcohol and substance
abuse; and
"(D) coordinate with existing Federal, State, and tribal
services on the reservation to develop a comprehensive alcohol and
substance abuse program that assists in the rehabilitation of
Indian families that have been or are afflicted by alcoholism.
"(3) The Secretary shall submit to the President for inclusion in the
report to be transmitted to the Congress under section 801 for fiscal
year 1995 an evaluation of the demonstration project established under
paragraph (1).
"SEC. 703. "25 USC 1665b" (a) The Secretary may make grants to
Indian tribes and tribal organizations to develop and implement a
comprehensive alcohol and substance abuse program of prevention,
intervention, treatment, and relapse prevention services that
specifically addresses the cultural, historical, social, and child care
needs of Indian women, regardless of age.
"(b) Grants made pursuant to this section may be used to --
"(1) develop and provide community training, education, and
prevention programs for Indian women relating to alcohol and
substance abuse issues, including fetal alcohol syndrome and fetal
alcohol effect;
"(2) identify and provide appropriate counseling, advocacy,
support, and relapse prevention to Indian women and their
families; and
"(3) develop prevention and intervention models for Indian
women which incorporate traditional healers, cultural values, and
community and family involvement.
"(c) The Secretary shall establish criteria for the review and
approval of applications for grants under this section.
"(d)(1) There are authorized to be appropriated to carry out this
section $10,000,000 for fiscal year 1993 and such sums as are necessary
for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and
2000.
"(2) Twenty percent of the funds appropriated pursuant to this
subsection shall be used to make grants to urban Indian organizations
funded under title V.
"SEC. 704. (a) "25 USC 1665c" DETOXIFICATION AND REHABILITATION. --
The Secretary shall develop and implement a program for acute
detoxification and treatment for Indian youth who are alcohol and
substance abusers. The program shall include regional treatment centers
designed to include detoxification and rehabilitation for both sexes on
a referral basis. These regional centers shall be integrated with the
intake and rehabilitation programs based in the referring Indian
community.
"(b) TREATMENT CENTERS OR FACILITIES. -- (1) The Secretary shall
construct, renovate, or, as necessary, purchase, and appropriately staff
and operate, a youth regional treatment center in each area under the
jurisdiction of an area office. For the purposes of this subsection,
the area offices of the Service in Tucson and Phoenix, Arizona, shall be
considered one area office and the area office in California shall be
considered to be two area offices, one office whose jurisdiction shall
be considered to encompass the northern area of the State of California,
and one office whose jurisdiction shall be considered to encompass the
remainder of the State of California.
"(2) For the purpose of staffing and operating such centers or
facilities, funding shall be pursuant to the Act of November 2, 1921 (25
U.S.C. 13).
"(3) A youth treatment center constructed or purchased under this
subsection shall be constructed or purchased at a location within the
area described in paragraph (1) agreed upon (by appropriate tribal
resolution) by a majority of the tribes to be served by such center.
"(4)(A) Notwithstanding any other provision of this title, the
Secretary may, from amounts authorized to be appropriated for the
purposes of carrying out this section, make funds available to --
"(i) the Tanana Chiefs Conference, Incorporated, for the
purpose of leasing, constructing, renovating, operating and
maintaining a residential youth treatment facility in Fairbanks,
Alaska; and
"(ii) the Southeast Alaska Regional Health Corporation to staff
and operate a residential youth treatment facility without regard
to the proviso set forth in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).
"(B) Until additional residential youth treatment facilities are
established in Alaska pursuant to this section, the facilities specified
in subparagraph (A) shall make every effort to provide services to all
eligible Indian youth residing in such State.
"(c) FEDERALLY OWNED STRUCTURES. --
"(1) The Secretary, acting through the Service, shall, in
consultation with Indian tribes --
"(A) identify and use, where appropriate, federally owned
structures suitable as local residential or regional alcohol and
substance abuse treatment centers for Indian youth; and
"(B) establish guidelines for determining the suitability of
any such federally owned structure to be used as a local
residential or regional alcohol and substance abuse treatment
center for Indian youth.
"(2) Any structure described in paragraph (1) may be used under
such terms and conditions as may be agreed upon by the Secretary
and the agency having responsibility for the structure.
"(d) REHABILITATION AND AFTERCARE SERVICES. --
"(1) The Secretary, in cooperation with the Secretary of the
Interior, shall develop and implement within each Service service
unit community-based rehabilitation and follow-up services for
Indian youth who are alcohol or substance abusers which are
designed to integrate long-term treatment and to monitor and
support the Indian youth after their return to their home
community.
"(2) Services under paragraph (1) shall be administered within
each service unit by trained staff within the community who can
assist the Indian youth in continuing development of self-image,
positive problem-solving skills, and nonalcohol or substance
abusing behaviors. Such staff shall include alcohol and substance
abuse counselors, mental health professionals, and other health
professionals and paraprofessionals, including community health
representatives.
"(e) INCLUSION OF FAMILY IN YOUTH TREATMENT PROGRAM. -- In providing
the treatment and other services to Indian youth authorized by this
section, the Secretary shall provide for the inclusion of family members
of such youth in the treatment programs or other services as may be
appropriate. Not less than 10 percent of the funds appropriated for the
purposes of carrying out subsection (d) shall be used for outpatient
care of adult family members related to the treatment of an Indian youth
under that subsection.
"(f) MULTIDRUG ABUSE STUDY. -- (1) The Secretary shall conduct a
study to determine the incidence and prevalence of the abuse of multiple
forms of drugs, including alcohol, among Indian youth residing on Indian
reservations and in urban areas and the interrelationship of such abuse
with the incidence of mental illness among such youth.
"(2) The Secretary shall submit a report detailing the findings of
such study, together with recommendations based on such findings, to the
Congress no later than two years after the date of the enactment of this
section.
"SEC. 705. "25 USC 1665d" (a) COMMUNITY EDUCATION. -- The
Secretary, in cooperation with the Secretary of the Interior, shall
develop and implement within each service unit a program of community
education and involvement which shall be designed to provide concise and
timely information to the community leadership of each tribal community.
Such program shall include education in alcohol and substance abuse to
political leaders, tribal judges, law enforcement personnel, members of
tribal health and education boards, and other critical members of each
tribal community.
"(b) TRAINING. -- The Secretary shall, either directly or by
contract, provide instruction in the area of alcohol and substance
abuse, including instruction in crisis intervention and family relations
in the context of alcohol and substance abuse, youth alcohol and
substance abuse, and the causes and effects of fetal alcohol syndrome to
appropriate employees of the Bureau of Indian Affairs and the Service,
and to personnel in schools or programs operated under any contract with
the Bureau of Indian Affairs or the Service, including supervisors of
emergency shelters and halfway houses described in section 4213 of the
Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986
(25 U.S.C. 2433).
"(c) COMMUNITY-BASED TRAINING MODELS. -- In carrying out the
education and training programs required by this section, the Secretary,
acting through the Service and in consultation with tribes and Indian
alcohol and substance abuse prevention experts, shall develop and
provide community-based training models. Such models shall address --
"(1) the elevated risk of alcohol and substance abuse faced by
children of alcoholics;
"(2) the cultural and multigenerational aspects of alcohol and
substance abuse prevention and recovery; and
"(3) community-based and multidisciplinary strategies for
preventing and treating alcohol and substance abuse.
"SEC. 706. "25 USC 1665e" (a) GRANTS FOR RESIDENTIAL TREATMENT. --
The Secretary shall make grants to the Navajo Nation for the purpose of
providing residential treatment for alcohol and substance abuse for
adult and adolescent members of the Navajo Nation and neighboring
tribes.
"(b) PURPOSES OF GRANTS. -- Grants made pursuant to this section
shall (to the extent appropriations are made available) be used to --
"(1) provide at least 15 residential beds each year for adult
long-term treatment, including beds for specialized services such
as polydrug abusers, dual diagnosis, and specialized services for
women with fetal alcohol syndrome children;
"(2) establish clinical assessment teams consisting of a
clinical psychologist, a part-time addictionologist, a master's
level assessment counselor, and a certified medical records
technician which shall be responsible for conducting individual
assessments and matching Indian clients with the appropriate
available treatment;
"(3) provide at least 12 beds for an adolescent shelterbed
program in the city of Gallup, New Mexico, which shall serve as a
satellite facility to the Acoma/Canoncito/Laguna Hospital and the
adolescent center located in Shiprock, New Mexico, for emergency
crisis services, assessment, and family intervention;
"(4) develop a relapse program for the purposes of identifying
sources of job training and job opportunity in the Gallup area and
providing vocational training, job placement, and job retention
services to recovering substance abusers; and
"(5) provide continuing education and training of treatment
staff in the areas of intensive outpatient services, development
of family support systems, and case management in cooperation with
regional colleges, community colleges, and universities.
"(c) CONTRACT FOR RESIDENTIAL TREATMENT. -- The Navajo Nation, in
carrying out the purposes of this section, shall enter into a contract
with an institution in the Gallup, New Mexico, area which is accredited
by the Joint Commission of the Accreditation of Health Care
Organizations to provide comprehensive alcohol and drug treatment as
authorized in subsection (b).
"(d) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated --
"(1) to carry out the purposes of subsection (b)(1) --
"(A) $400,000 for fiscal year 1993;
"(B) $400,000 for fiscal year 1994; and
"(C) $500,000 for fiscal year 1995;
"(2) to carry out the purposes of subsection (b)(2) --
"(A) $100,000 for fiscal year 1993;
"(B) $125,000 for fiscal year 1994; and
"(C) $150,000 for fiscal year 1995;
"(3) to carry out the purposes of subsection (b)(3) --
"(A) $75,000 for fiscal year 1993;
"(B) $85,000 for fiscal year 1994; and
"(C) $100,000 for fiscal year 1995;
"(4) to carry out the purposes of subsection (b)(4), $150,000
for each of fiscal years 1993, 1994, and 1995; and
"(5) to carry out the purposes of subsection (b)(5) --
"(A) $75,000 for fiscal year 1993;
"(B) $90,000 for fiscal year 1994; and
"(C) $100,000 for fiscal year 1995.
"SEC. 707. "25 USC 1665f" (a) COMPILATION OF DATA. -- The
Secretary, with respect to the administration of any health program by a
service unit, directly or through contract, including a contract under
the Indian Self-Determination Act, shall require the compilation of data
relating to the number of cases or incidents in which any Service
personnel or services were involved and which were related, either
directly or indirectly, to alcohol or substance abuse. Such report
shall include the type of assistance provided and the disposition of
these cases.
"(b) REFERRAL OF DATA. -- The data compiled under subsection (a)
shall be provided annually to the affected Indian tribe and Tribal
Coordinating Committee to assist them in developing or modifying a
Tribal Action Plan under section 4206 of the Indian Alcohol and
Substance Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2471 et
seq.).
"(c) COMPREHENSIVE REPORT. -- Each service unit director shall be
responsible for assembling the data compiled under this section and
section 4214 of the Indian Alcohol and Substance Abuse Prevention and
Treatment Act of 1986 (25 U.S.C. 2434) into an annual tribal
comprehensive report. Such report shall be provided to the affected
tribe and to the Director of the Service who shall develop and publish a
biennial national report based on such tribal comprehensive reports.
"SEC. 708. "25 USC 1665g" (a)(1) The Secretary may make grants to
Indian tribes and tribal organizations to establish fetal alcohol
syndrome and fetal alcohol effect programs as provided in this section
for the purposes of meeting the health status objectives specified in
section 3(b).
"(2) Grants made pursuant to this section shall be used to --
"(A) develop and provide community and in-school training,
education, and prevention programs relating to FAS and FAE;
"(B) identify and provide alcohol and substance abuse treatment
to high-risk women;
"(C) identify and provide appropriate educational and
vocational support, counseling, advocacy, and information to FAS
and FAE affected persons and their families or caretakers;
"(D) develop and implement counseling and support programs in
schools for FAS and FAE affected children;
"(E) develop prevention and intervention models which
incorporate traditional healers, cultural values and community
involvement;
"(F) develop, print, and disseminate education and prevention
materials on FAS and FAE; and
"(G) develop and implement, through the tribal consultation
process, culturally sensitive assessment and diagnostic tools for
use in tribal and urban Indian communities.
"(3) The Secretary shall establish criteria for the review and
approval of applications for grants under this section.
"(b) The Secretary, acting through the Service, shall --
"(1) develop an annual plan for the prevention, intervention,
treatment, and aftercare for those affected by FAS and FAE in
Indian communities;
"(2) conduct a study, directly or by contract with any
organization, entity, or institution of higher education with
significant knowledge of FAS and FAE and Indian communities, of
the special educational, vocational, school-to-work transition,
and independent living needs of adolescent and adult Indians and
Alaska Natives with FAS or FAE; and
"(3) establish a national clearinghouse for prevention and
educational materials and other information on FAS and FAE effect
in Indian and Alaska Native communities and ensure access to
clearinghouse materials by any Indian tribe or urban Indian
organization.
"(c) The Secretary shall establish a task force to be known as the
FAS/FAE Task Force to advise the Secretary in carrying out subsection
(b). Such task force shall be composed of representatives from the
National Institute on Drug Abuse, the National Institute on Alcohol and
Alcoholism, the Office of Substance Abuse Prevention, the National
Institute of Mental Health, the Service, the Office of Minority Health
of the Department of Health and Human Services, the Administration for
Native Americans, the Bureau of Indian Affairs, Indian tribes, tribal
organizations, urban Indian communities, and Indian FAS/FAE experts.
"(d) The Secretary, acting through the Substance Abuse and Mental
Health Services Administration, shall make grants to Indian tribes,
tribal organizations, universities working with Indian tribes on
cooperative projects, and urban Indian organizations for applied
research projects which propose to elevate the understanding of methods
to prevent, intervene, treat, or provide aftercare for Indians and urban
Indians affected by FAS or FAE.
"(e)(1) The Secretary shall submit to the President, for inclusion in
each report required to be transmitted to the Congress under section
801, a report on the status of FAS and FAE in the Indian population.
Such report shall include, in addition to the information required under
section (3)(d) with respect to the health status objective specified in
section (3)(b)(27), the following:
"(A) The progress of implementing a uniform assessment and
diagnostic methodology in Service and tribally based service
delivery systems.
"(B) The incidence of FAS and FAE babies born for all births by
reservation and urban-based sites.
"(C) The prevalence of FAS and FAE affected Indian persons in
Indian communities, their primary means of support, and
recommendations to improve the support system for these
individuals and their families or caretakers.
"(D) The level of support received from the entities specified
in subsection (c) in the area of FAS and FAE.
"(E) The number of inpatient and outpatient substance abuse
treatment resources which are specifically designed to meet the
unique needs of Indian women, and the volume of care provided to
Indian women through these means.
"(F) Recommendations regarding the prevention, intervention,
and appropriate vocational, educational and other support services
for FAS and FAE affected individuals in Indian communities.
"(2) The Secretary may contract the production of this report to a
national organization specifically addressing FAS and FAE in Indian
communities.
"(f)(1) There are authorized to be appropriated to carry out this
section $22,000,000 for fiscal year 1993 and such sums as may be
necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998,
1999, and 2000.
"(2) Ten percent of the funds appropriated pursuant to this section
shall be used to make grants to urban Indian organizations funded under
title V.
"SEC. 709. "25 USC 1665h" The Secretary, acting through the Service,
shall continue to make grants, through fiscal year 1995, to the 8
Northern Indian Pueblos Council, San Juan Pueblo, New Mexico, for the
purpose of providing substance abuse treatment services to Indians in
need of such services.
"SEC. 710. "25 USC 1665i" (a) The Secretary, acting through the
Service, shall make a grant to the Intertribal Addictions Recovery
Organization, Inc. (commonly known as the Thunder Child Treatment
Center) at Sheridan, Wyoming, for the completion of construction of a
multiple approach substance abuse treatment center which specializes in
the treatment of alcohol and drug abuse of Indians.
"(b) For the purposes of carrying out subsection (a), there are
authorized to be appropriated $2,000,000 for fiscal years 1993 and 1994.
No funding shall be available for staffing or operation of this
facility. None of the funding appropriated to carry out subsection (a)
shall be used for administrative purposes.
"SEC. 711. "25 USC 1665j" (a) The Secretary, acting through the
Service, may enter into contracts with, or make grants to, accredited
tribally controlled community colleges, tribally controlled
postsecondary vocational institutions, and eligible community colleges
to establish demonstration projects to develop educational curricula for
substance abuse counseling.
"(b) Funds provided under this section shall be used only for
developing and providing educational curricula for substance abuse
counseling (including paying salaries for instructors). Such curricula
may be provided through satellite campus programs.
"(c) A contract entered into or a grant provided under this section
shall be for a period of one year. Such contract or grant may be
renewed for an additional one year period upon the approval of the
Secretary.
"(d) Not later than 180 days after the date of the enactment of this
section, the Secretary, after consultation with Indian tribes and
administrators of accredited tribally controlled community colleges,
tribally controlled postsecondary vocational institutions, and eligible
community colleges, shall develop and issue criteria for the review and
approval of applications for funding (including applications for
renewals of funding) under this section. Such criteria shall ensure
that demonstration projects established under this section promote the
development of the capacity of such entities to educate substance abuse
counselors.
"(e) The Secretary shall provide such technical and other assistance
as may be necessary to enable grant recipients to comply with the
provisions of this section.
"(f) The Secretary shall submit to the President, for inclusion in
the report which is required to be submitted under section 801 for
fiscal year 1999, a report on the findings and conclusions derived from
the demonstration projects conducted under this section.
"(g) For the purposes of this section, the following definitions
apply:
"(1) The term 'educational curriculum' means one or more of the
following:
"(A) Classroom education.
"(B) Clinical work experience.
"(C) Continuing education workshops.
"(2) The term 'eligible community college' means an accredited
community college that --
"(i) is located on or near an Indian reservation;
"(ii) has entered into a cooperative agreement with the
governing body of such Indian reservation to carry out a
demonstration project under this section; and
"(iii) has a student enrollment of not less than 10 percent
Indian.
"(3) The term 'tribally controlled community college' has the
meaning given such term in section 2(a)(4) of the Tribally
Controlled Community College Assistance Act of 1978 (25 U.S.C.
1801(a)(4)).
"(4) The term 'tribally controlled postsecondary vocational
institution' has the meaning given such term in section 390(2) of
the Tribally Controlled Vocational Institutions Support Act of
1990 (20 U.S.C. 2397h(2)).
"(h) There are authorized to be appropriated for each of the fiscal
years 1993, 1994, 1995, 1996, and 1997, such sums as may be necessary to
carry out the purposes of this section. Such sums shall remain
available until expended.
"SEC. 712. "25 USC 1665k" (a) The Secretary, acting through the
Service, shall establish a regional youth alcohol and substance abuse
prevention and treatment center in Sacaton, Arizona, on the Gila River
Indian Reservation. The center shall be established within facilities
leased, with the consent of the Gila River Indian Community, by the
Service from such Community.
"(b) The center established pursuant to this section shall be known
as the 'Regional Youth Alcohol and Substance Abuse Prevention and
Treatment Center'.
"(c) The Secretary, acting through the Service, shall establish, as a
unit of the regional center, a youth alcohol and substance abuse
prevention and treatment facility in Fallon, Nevada.
"SEC. 713. "25 USC 1665l" (a) The Secretary, acting through the
Service, shall make grants to the Alaska Native Health Board for the
conduct of a two-part community-based demonstration project to reduce
drug and alcohol abuse in Alaska Native villages and to rehabilitate
families afflicted by such abuse. Sixty percent of such grant funds
shall be used by the Health Board to stimulate coordinated community
development programs in villages seeking to organize to combat alcohol
and drug use. Forty percent of such grant funds shall be transferred to
a qualified nonprofit corporation providing alcohol recovery services in
the village of St. Mary's, Alaska, to enlarge and strengthen a family
life demonstration program of rehabilitation for families that have been
or are afflicted by alcoholism.
"(b) The Secretary shall submit to the President for inclusion in the
report required to be submitted to the Congress under section 801 for
fiscal year 1995 an evaluation of the demonstration project established
under subsection (a).
"SEC. 714. Except as provided in sections 703, 706, 708, 710, and
711, "25 USC 1665m" there are authorized to be appropriated such sums as
may be necessary for each fiscal year through fiscal year 2000 to carry
out the provisions of this title.".
(b) REDESIGNATION AND REPEAL OF EXISTING PROVISIONS. --
(1) REDESIGNATION. -- The Indian Alcohol and Substance Abuse
Prevention and Treatment Act of 1986 (25 U.S.C. 2401 et seq.) is
amended by redesignating section 4224 as section 4208A "25 USC
2471, 2414a".
(2) REPEAL. -- Part 6 of the Indian Alcohol and Substance
Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2471 et
seq.), "25 USC 2472-2478" as amended by paragraph (1), is hereby
repealed.
SEC. 703. INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND
TREATMENT ACT OF 1986 AMENDMENTS.
The Indian Alcohol and Substance Abuse Prevention and Treatment Act
of 1986 (25 U.S.C. 2401 et seq.) is amended --
(1) in section 4206 "25 USC 2412" --
(A) in subsection (c) --
(i) in paragraph (2) --
(I) by striking "(2) the" and inserting "(B) the";
(II) by striking "(3) the" and inserting "(C) the";
(III) by striking "(4) the" and inserting "(D) the";
(IV) in subparagraph (D) (as redesignated by subclause (III)),
by striking "and" at the end;
(V) in subparagraph (E), by striking the period at the end and
inserting ", and"; and
(VI) by adding at the end the following new subparagraph:
"(F) an evaluation component to measure the success of efforts
made."; and
(ii) by adding at the end the following new paragraph:
"(3) All Tribal Action Plans shall be updated every 2 years.";
and
(B) in subsection (d), by amending paragraph (2) to read as
follows:
"(2) There are authorized to be appropriated for grants under this
subsection not more than $2,000,000 for fiscal year 1993 and such sums
as are necessary for each of the fiscal years 1994, 1995, 1996, 1997,
1998, 1999, and 2000."; and
(C) by adding at the end the following new subsection:
"(f)(1) The Secretary of the Interior may make grants to Indian
tribes adopting a resolution pursuant to subsection (a) to implement and
develop community and in-school training, education, and prevention
programs on alcohol and substance abuse, fetal alcohol syndrome and
fetal alcohol effect.
"(2) Funds provided under this section may be used for, but are not
limited to, the development and implementation of tribal programs for --
"(A) youth employment;
"(B) youth recreation;
"(C) youth cultural activities;
"(D) community awareness programs; and
"(E) community training and education programs.
"(3) There are authorized to be appropriated to carry out the
provisions of this subsection $5,000,000 for fiscal year 1993 and such
sums as are necessary for each of the fiscal years 1994, 1995, 1996,
1997, 1998, 1999, and 2000.";
(2) in section 4207(b), "25 USC 2413" by amending paragraph (3)
to read as follows:
"(3) The Assistant Secretary of the Interior for Indian Affairs
shall appoint such employees to work in the Office of Alcohol and
Substance Abuse, and shall provide such funding, services, and
equipment as may be necessary to enable the Office of Alcohol and
Substance Abuse to carry out its responsibilities.";
(3) in section 4210, by amending subsection (b) "25 USC 2416"
to read as follows:
"(b) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated to carry out this section $500,000 for fiscal year 1993 and
such sums as may be necessary for each of the fiscal years 1994, 1995,
1996, 1997, 1998, 1999, and 2000.";
(4) in section 4212(a), "25 USC 2432" by striking out "1989,
1990, 1991, and 1992" and inserting in lieu thereof "1993, 1994,
1995, 1996, 1997, 1998, 1999, and 2000";
(5) in section 4213(e), "25 USC 2433" by amending paragraphs
(1) and (2) to read as follows:
"(1) For the planning and design, construction, and renovation of, or
purchase or lease of land or facilities for, emergency shelters and
half-way houses to provide emergency care for Indian youth, there are
authorized to be appropriated $10,000,000 for fiscal year 1993 and such
sums as may be necessary for each of the fiscal years 1994, 1995, 1996,
1997, 1998, 1999, and 2000.
"(2) For the staffing and operation of emergency shelters and
half-way houses, there are authorized to be appropriated $5,000,000 for
fiscal year 1993 and $7,000,000 for each of the fiscal years 1994, 1995,
1996, 1997, 1998, 1999, and 2000.";
(6) in section 4216(a)(1) "25 USC 2442" --
(A) in subparagraph (A), by striking "and" at the end;
(B) in subparagraph (B), by striking the period at the end and
inserting ", and"; and
(C) by adding at the end the following new subparagraph:
"(C) the Makah Indian Tribe of Washington for the investigation
and control of illegal narcotic traffic on the Makah Indian
Reservation arising from its proximity to international waters.";
(7) by amending section 4216(a)(3) to read as follows:
"(3) For the purpose of providing the assistance required by this
subsection, there are authorized to be appropriated --
"(A) $500,000 under paragraph (1)(A) for fiscal year 1993 and
such sums as may be necessary for each of the fiscal years 1994,
1995, 1996, 1997, 1998, 1999, and 2000,
"(B) $500,000 under paragraph (1)(B) for fiscal year 1993 and
such sums as may be necessary for each of the fiscal years 1994,
1995, 1996, 1997, 1998, 1999, and 2000, and
"(C) $500,000 under paragraph (1)(C) for fiscal year 1993 and
such sums as may be necessary for each of the fiscal years 1994,
1995, 1996, 1997, 1998, 1999, and 2000.";
(8) by amending section 4216(b) to read as follows:
"(b)(1) MARIJUANA ERADICATION AND INTERDICTION. -- The Secretary of
the Interior, in cooperation with appropriate Federal, tribal, and State
and local law enforcement agencies, shall establish and implement a
program for the eradication of marijuana cultivation, and interdiction,
investigation, and control of illegal narcotics trafficking within
Indian country as defined in section 1152 of title 18, United States
Code. The Secretary shall establish a priority for the use of funds
appropriated under paragraph (2) for those Indian reservations where the
scope of the problem is most critical, and such funds shall be available
for contracting by Indian tribes pursuant to the Indian
Self-Determination Act (25 U.S.C. 450f et seq.).
"(2) For the purpose of establishing the program required by
paragraph (1), there are authorized to be appropriated $2,000,000 for
fiscal year 1993 and such sums as may be necessary for each of the
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.";
(9) in section 4218, by amending subsection (b) "25 USC 2451"
to read as follows:
"(b) AUTHORIZATION. -- For the purposes of providing the training
required by subsection (a), there are authorized to be appropriated
$2,000,000 for fiscal year 1993 and such sums as may be necessary for
each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999 and 2000.",
and
(10) in section 4220(b), "25 USC 2453" by amending paragraphs
(1) and (2) to read as follows:
"(1) For the purpose of constructing or renovating juvenile
detention centers as provided in subsection (a), there are
authorized to be appropriated $10,000,000 for fiscal year 1993 and
such sums as may be necessary for each of the fiscal years 1994,
1995, 1996, 1997, 1998, 1999, and 2000.
"(2) For the purpose of staffing and operating juvenile
detention centers, there are authorized to be appropriated
$7,000,000 for fiscal year 1993 and such sums as may be necessary
for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999,
and 2000.".
SEC. 801. REPORTS.
Section 801 of the Act (25 U.S.C. 1671) (as redesignated by section
701(b) of this Act) is amended to read as follows:
"SEC. 801. The President shall, at the time the budget is submitted
under section 1105 of title 31, United States Code, for each fiscal year
transmit to the Congress a report containing --
"(1) a report on the progress made in meeting the objectives of
this Act, including a review of programs established or assisted
pursuant to this Act and an assessment and recommendations of
additional programs or additional assistance necessary to, at a
minimum, provide health services to Indians, and ensure a health
status for Indians, which are at a parity with the health services
available to and the health status of, the general population;
"(2) a report on whether, and to what extent, new national
health care programs, benefits, initiatives, or financing systems
have had an impact on the purposes of this Act and any steps that
the Secretary may have taken to consult with Indian tribes to
address such impact;
"(3) a report on the use of health services by Indians --
"(A) on a national and area or other relevant geographical
basis;
"(B) by gender and age;
"(C) by source of payment and type of service; and
"(D) comparing such rates of use with rates of use among
comparable non-Indian populations.
"(4) a separate statement which specifies the amount of funds
requested to carry out the provisions of section 201;
"(5) a separate statement of the total amount obligated or
expended in the most recently completed fiscal year to achieve
each of the objectives described in section 814, relating to
infant and maternal mortality and fetal alcohol syndrome;
"(6) the reports required by sections 3(d), 108(n), 203(b),
209(j), 301(c), 302(g), 305(a)(3), 403, 708(e), and 817(a), and
822(f);
"(7) for fiscal year 1995, the report required by sections
702(c)(3) and 713(b);
"(8) for fiscal year 1997, the interim report required by
section 307(h)(1); and
"(9) for fiscal year 1999, the reports required by sections
307(h)(2), 512(b), 711(f), and 821(g).".
SEC. 802. REGULATIONS.
Section 802 of the Act (25 U.S.C. 1672) (as redesignated by section
701(b) of this Act) is amended to read as follows:
"SEC. 802. Prior to any revision of or amendment to rules or
regulations promulgated pursuant to this Act, the Secretary shall
consult with Indian tribes and appropriate national or regional Indian
organizations and shall publish any proposed revision or amendment in
the Federal Register not less than sixty days prior to the effective
date of such revision or amendment in order to provide adequate notice
to, and receive comments from, other interested parties.".
SEC. 803. EXTENSION OF TREATMENT OF ARIZONA AS A CONTRACT HEALTH
SERVICE DELIVERY AREA.
Section 808 of the Act (25 U.S.C. 1678) (as redesignated by section
701(b) of this Act) is amended by striking out "1991" and inserting in
lieu thereof "2000".
SEC. 804. INFANT AND MATERNAL MORTALITY; FETAL ALCOHOL SYNDROME.
Section 814 of the Act (25 U.S.C. 1680d) (as redesignated by section
701(b) of this Act) is amended --
(1) by striking out "(a)"; and
(2) by striking out subsection (b).
SEC. 805. REALLOCATION OF BASE RESOURCES.
Section 817(a) of the Act (25 U.S.C. 1680(g)) "25 USC 1680g" (as
redesignated by section 701(b) of this Act) is amended by striking out
"Secretary has submitted to the Congress" and inserting in lieu thereof
the following: "Secretary has submitted to the President, for inclusion
in the report required to be transmitted to the Congress under section
801,".
SEC. 806. CHILD SEXUAL ABUSE TREATMENT PROGRAMS.
Section 819 of the Act (25 U.S.C. 1680i) (as redesignated by section
701(b) of this Act) is amended to read as follows:
"SEC. 819. (a) The Secretary and the Secretary of the Interior
shall, for each fiscal year through fiscal year 1995, continue the
demonstration programs involving treatment for child sexual abuse
provided through the Hopi Tribe and the Assiniboine and Sioux Tribes of
the Fort Peck Reservation.
"(b) Beginning October 1, 1995, the Secretary and the Secretary of
the Interior may establish, in any service area, demonstration programs
involving treatment for child sexual abuse, except that the Secretaries
may not establish a greater number of such programs in one service area
than in any other service area until there is an equal number of such
programs established with respect to all service areas from which the
Secretary receives qualified applications during the application period
(as determined by the Secretary).".
SEC. 807. TRIBAL LEASING.
Section 820 of the Act (25 U.S.C. 1680j) (as redesignated by section
701(b) of this Act) is amended to read as follows:
"SEC. 820. Indian tribes providing health care services pursuant to
a contract entered into under the Indian Self-Determination Act may
lease permanent structures for the purpose of providing such health care
services without obtaining advance approval in appropriation Acts.".
SEC. 808. EXTENSION OF TERMINATION DATE OF CERTAIN DEMONSTRATION
PROJECTS; JOINT VENTURE PROJECTS.
Section 818 of the Act (25 U.S.C. 1680h) (as redesignated by section
701(b) of this Act) is amended --
(1) in subsection (d) --
(A) in paragraph (1), by inserting before the period at the end
the following: ", or, in the case of a demonstration project for
which a grant is made after September 30, 1990, three years after
the date on which such grant is made"; and
(B) in paragraph (2), by striking "1994" and inserting "1996";
and
(2) by amending subsection (e) to read as follows:
"(e)(1) The Secretary, acting through the Service, shall make
arrangements with Indian tribes to establish joint venture demonstration
projects under which an Indian tribe shall expend tribal, private, or
other available nontribal funds, for the acquisition or construction of
a health facility for a minimum of 20 years, under a no-cost lease, in
exchange for agreement by the Service to provide the equipment,
supplies, and staffing for the operation and maintenance of such a
health facility. A tribe may utilize tribal funds, private sector, or
other available resources, including loan guarantees, to fulfill its
commitment under this subsection.
"(2) The Secretary shall make such an arrangement with an Indian
tribe only if the Secretary first determines that the Indian tribe has
the administrative and financial capabilities necessary to complete the
timely acquisition or construction of the health facility described in
paragraph (1).
"(3) An Indian tribe or tribal organization that has entered into a
written agreement with the Secretary under this subsection, and that
breaches or terminates without cause such agreement, shall be liable to
the United States for the amount that has been paid to the tribe, or
paid to a third party on the tribe's behalf, under the agreement. The
Secretary has the right to recover tangible property (including
supplies), and equipment, less depreciation, and any funds expended for
operations and maintenance under this section. The preceding sentence
does not apply to any funds expended for the delivery of health care
services, or for personnel or staffing, shall be recoverable.".
SEC. 809. HOME AND COMMUNITY BASED CARE DEMONSTRATION PROJECT.
Title VIII of the Act (as redesignated by subsections (a) and (b) of
section 701 of this Act) is amended by adding at the end the following
new section:
"SEC. 821. "25 USC 1680k" (a) The Secretary, acting through the
Service, is authorized to enter into contracts with, or make grants to,
Indian tribes or tribal organizations providing health care services
pursuant to a contract entered into under the Indian Self-Determination
Act, to establish demonstration projects for the delivery of home- and
community-based services to functionally disabled Indians.
"(b)(1) Funds provided for a demonstration project under this section
shall be used only for the delivery of home- and community-based
services (including transportation services) to functionally disabled
Indians.
"(2) Such funds may not be used --
"(A) to make cash payments to functionally disabled Indians;
"(B) to provide room and board for functionally disabled
Indians;
"(C) for the construction or renovation of facilities or the
purchase of medical equipment; or
"(D) for the provision of nursing facility services.
"(c) Not later than 180 days after the date of the enactment of this
section, the Secretary, after consultation with Indian tribes and tribal
organizations, shall develop and issue criteria for the approval of
applications submitted under this section. Such criteria shall ensure
that demonstration projects established under this section promote the
development of the capacity of tribes and tribal organizations to
deliver, or arrange for the delivery of, high quality, culturally
appropriate home- and community-based services to functionally disabled
Indians;
"(d) The Secretary shall provide such technical and other assistance
as may be necessary to enable applicants to comply with the provisions
of this section.
"(e) At the discretion of the tribe or tribal organization, services
provided under a demonstration project established under this section
may be provided (on a cost basis) to persons otherwise ineligible for
the health care benefits of the Service.
"(f) The Secretary shall establish not more than 24 demonstration
projects under this section. The Secretary may not establish a greater
number of demonstration projects under this section in one service area
than in any other service area until there is an equal number of such
demonstration projects established with respect to all service areas
from which the Secretary receives applications during the application
period (as determined by the Secretary) which meet the criteria issued
pursuant to subsection (c).
"(g) The Secretary shall submit to the President, for inclusion in
the report which is required to be submitted under section 801 for
fiscal year 1999, a report on the findings and conclusions derived from
the demonstration projects conducted under this section, together with
legislative recommendations.
"(h) For the purposes of this section, the following definitions
shall apply:
"(1) The term 'home- and community-based services' means one or
more of the following:
"(A) Homemaker/home health aide services.
"(B) Chore services.
"(C) Personal care services.
"(D) Nursing care services provided outside of a nursing
facility by, or under the supervision of, a registered nurse.
"(E) Respite care.
"(F) Training for family members in managing a functionally
disabled individual.
"(G) Adult day care.
"(H) Such other home- and community-based services as the
Secretary may approve.
"(2) The term 'functionally disabled' means an individual who
is determined to require home- and community-based services based
on an assessment that uses criteria (including, at the discretion
of the tribe or tribal organization, activities of daily living)
developed by the tribe or tribal organization.
"(i) There are authorized to be appropriated for each of the fiscal
years 1993, 1994, 1995, 1996, and 1997 such sums as may be necessary to
carry out this section. Such sums shall remain available until
expended.".
SEC. 810. SHARED SERVICES DEMONSTRATION PROJECTS.
Title VIII of the Act (as redesignated by subsections (a) and (b) of
section 701 and amended by section 809 of this Act) is amended by adding
at the end the following new section:
"SEC. 822. "25 USC 1680l" (a) The Secretary, acting through the
Service and notwithstanding any other provision of law, is authorized to
enter into contracts with Indian tribes or tribal organizations to
establish not more than 6 shared services demonstration projects for the
delivery of long-term care to Indians. Such projects shall provide for
the sharing of staff or other services between a Service facility and a
nursing facility owned and operated (directly or by contract) by such
Indian tribe or tribal organization.
"(b) A contract entered into pursuant to subsection (a) --
"(1) may, at the request of the Indian tribe or tribal
organization, delegate to such tribe or tribal organization such
powers of supervision and control over Service employees as the
Secretary deems necessary to carry out the purposes of this
section;
"(2) shall provide that expenses (including salaries) relating
to services that are shared between the Service facility and the
tribal facility be allocated proportionately between the Service
and the tribe or tribal organization; and
"(3) may authorize such tribe or tribal organization to
construct, renovate, or expand a nursing facility (including the
construction of a facility attached to a Service facility), except
that no funds appropriated for the Service shall be obligated or
expended for such purpose.
"(c) To be eligible for a contract under this section, a tribe or
tribal organization, shall, as of the date of the enactment of this Act
--
"(1) own and operate (directly or by contract) a nursing
facility;
"(2) have entered into an agreement with a consultant to
develop a plan for meeting the long-term needs of the tribe or
tribal organization; or
"(3) have adopted a tribal resolution providing for the
construction of a nursing facility.
"(d) Any nursing facility for which a contract is entered into under
this section shall meet the requirements for nursing facilities under
section 1919 of the Social Security Act.
"(e) The Secretary shall provide such technical and other assistance
as may be necessary to enable applicants to comply with the provisions
of this section.
"(f) The Secretary shall submit to the President, for inclusion in
each report required to be transmitted to the Congress under section
801, a report on the findings and conclusions derived from the
demonstration projects conducted under this section.".
SEC. 811. RESULTS OF DEMONSTRATION PROJECTS.
Title VIII of the Act (as redesignated by subsections (a) and (b) of
section 701 and amended by section 810 of this Act) is amended by adding
at the end the following new section:
"SEC. 823. "25 USC 1680m" The Secretary shall provide for the
dissemination to Indian tribes of the findings and results of
demonstration projects conducted under this Act.".
SEC. 812. PRIORITY FOR INDIAN RESERVATIONS.
Title VIII of the Act (as redesignated by subsections (a) and (b) of
section 701 and amended by section 811 of this Act) is amended by adding
at the end the following new section:
"SEC. 824. "25 USC 1680n" (a) Beginning on the date of the enactment
of this section, the Bureau of Indian Affairs and the Service shall, in
all matters involving the reorganization or development of Service
facilities, or in the establishment of related employment projects to
address unemployment conditions in economically depressed areas, give
priority to locating such facilities and projects on Indian lands if
requested by the Indian tribe with jurisdiction over such lands.
"(b) For purposes of this section, the term "Indian lands" means --
"(1) all lands within the limits of any Indian reservation;
and
"(2) any lands title which is held in trust by the United
States for the benefit of any Indian tribe or individual Indian,
or held by any Indian tribe or individual Indian subject to
restriction by the United States against alienation and over which
an Indian tribe exercises governmental power.".
SEC. 813. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION. -- Title VIII of the Act (as redesignated by
subsections (a) and (b) of section 701 and amended by section 812 of
this Act) is amended by adding at the end the following new section:
"SEC. 825. Except as provided in section 821, "25 USC 1680o" there
are authorized to be appropriated such sums as may be necessary for each
fiscal year through fiscal year 2000 to carry out this title.".
(b) CONFORMING AMENDMENTS. -- Section 807 of the Act (25 U.S.C.
1677) (as redesignated by subsections (a) and (b) of section 701 of this
Act) is amended by striking out subsection (f).
SEC. 814. TRIBAL SELF-GOVERNANCE PROJECT.
The Indian Self-Determination and Education Assistance Act (25 U.S.C.
450f note) is amended --
(1) in section 301, "25 USC 450f note" by inserting after
"Interior" the following: "and the Secretary of Health and Human
Services (hereafter in this title referred to as the
'Secretaries') each";
(2) in sections 302, 303, 304, and 305, "25 USC 450f note" by
striking "Secretary" each place it appears and inserting in lieu
thereof "Secretaries";
(3) in section 303(a)(1), by inserting after "Interior" the
following: "and the Indian Health Service of the Department of
Health and Human Services"; and
(4) by adding after section 309 the following new section:
"SEC. 310. "25 USC 450f note" For the purposes of providing one year
planning and negotiations grants to the Indian tribes identified by
section 302, with respect to the programs, activities, functions, or
services of the Indian Health Service, there are authorized to be
appropriated such sums as may be necessary to carry out such purposes.
Upon completion of an authorized planning activity or a comparable
planning activity by a tribe, the Secretary is authorized to negotiate
and implement a Compact of Self-Governance and Annual Funding Agreement
with such tribe.".
SEC. 901. REPEAL OF EXPIRED REPORTING REQUIREMENTS.
The Act is amended --
(1) in section 116, by striking out subsection (d) "25 USC
1616i";
(2) in section 204(a) "25 USC 1621c" --
(A) by striking out paragraph (2);
(B) by striking out "(a)(1)" and inserting in lieu thereof
"(a);
(C) by redesignating subparagraphs (A) and (B) as paragraphs
(1) and (2), respectively; and
(D) in paragraph (2) (as redesignated by subparagraph (C)), by
striking out "subparagraph (A)" and inserting in lieu thereof
"paragraph (1)";
(3) in section 602, by striking out subsection (a)(3); "25 USC
1662" and
(4) by striking out section 803 "25 USC 1673" (as redesignated
by section 701(b) of this Act).
SEC. 902. OTHER TECHNICAL CORRECTIONS.
The Act is amended --
and 201(c)(5)," "25 USC 1603" and inserting in lieu thereof the
following: "sections 102 and 103,";
(2) in title I --
(A) in section 102(b)(1), "25 USC 1612" by striking ":
Provided, That the" and inserting in lieu thereof ". The";
(B) in section 105(c), "25 USC 1614" by striking out
"Department of Health, Education, and Welfare" and inserting in
lieu thereof "Department of Health and Human Services";
(C) in section 108(d)(1)(A), "25 USC 1616a" by striking out
"Indian Health" and inserting in lieu thereof "Indian health";
and
(D) in section 108(i), by striking out "Service manpower
programs" and inserting in lieu thereof "health professional
programs of the Service".
(3) in title II "25 USC 1621h" --
(A) by striking out "SEC. 209. MENTAL HEALTH PREVENTION AND
TREATMENT SERVICES." and inserting in lieu thereof the following:
"MENTAL HEALTH PREVENTION AND TREATMENT SERVICES
"SEC. 209."; and
(B) in section 209, by redesignating subsections (c) through
(l) as subsections (b) through (k), respectively;
(4) in title III --
(A) by striking out "SEC. 307. "25 USC 1637" INDIAN HEALTH
CARE DELIVERY DEMONSTRATION PROJECT." and inserting in lieu
thereof the following:
"INDIAN HEALTH CARE DELIVERY DEMONSTRATION PROJECT
"SEC. 307."; and
(B) in section 301(d) (as redesignated by section 301(2) "25
USC 1631" of this Act), by striking out "sections 102 and 103(b)"
and inserting in lieu thereof "section 102";
(5) in title V --
(A) by striking out "SEC. 409. "25 USC 1659" FACILITIES
RENOVATION." and inserting in lieu thereof the following:
"SEC. 509."; and
(B) by striking out "SEC. 511. "25 USC 1660" URBAN HEALTH
PROGRAMS BRANCH." and inserting in lieu thereof the following:
"SEC. 510.";
(6) in section 601(c)(3)(D), by striking out "(25 U.S.C. 2005,
et seq.)" "25 USC 1661" and inserting in lieu thereof "(42 U.S.C.
2005 et seq.)";
(7) in section 601(d)(1)(C), by striking out "appropriate" and
inserting in lieu thereof "appropriated";
(8) in section 813(b)(2)(A) (as redesignated by section 701(b)
"25 USC 1680c" of this Act), by striking out "section 402(c)" and
inserting in lieu thereof "section 402(a)"; and
(9) by amending the heading for section 816 "25 USC 1680f" (as
redesignated by section 701(b)) to read as follows:
Approved October 29, 1992.
LEGISLATIVE HISTORY -- S. 2481:
SENATE REPORTS: No. 102-392 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 138 (1992): Sept. 18, considered and
passed Senate. Oct. 2, 3, considered and passed House, amended. Oct.
7, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): Oct.
29, Presidential statement.
Public Law 102-572, 106 Stat. 4506
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "28 USC 1 note" SHORT TITLE.
This Act may be cited as the "Federal Courts Administration Act of
1992".
SEC. 101. SUPREME COURT AUTHORITY TO PRESCRIBE RULES FOR APPEAL OF
INTERLOCUTORY DECISIONS.
Section 1292 of title 28, United States Code, is amended by adding at
the end the following new subsection:
"(e) The Supreme Court may prescribe rules, in accordance with
section 2072 of this title, to provide for an appeal of an interlocutory
decision to the courts of appeals that is not otherwise provided for
under subsection (a), (b), (c), or (d).".
SEC. 102. ABOLITION OF TEMPORARY EMERGENCY COURT OF APPEALS.
(a) APPEALS UNDER ECONOMIC STABILIZATION ACT. -- Section 211 of the
Economic Stabilization Act of 1970 (Public Law 91-379; 84 Stat. 799) is
amended by striking subsections (b) through (h) "12 USC 1904 note" and
inserting the following:
"(b) Appeals from orders or judgments entered by a district court of
the United States in cases and controversies arising under this title
shall be brought in the United States Court of Appeals for the Federal
Circuit if the appeal is from a final decision of the district court or
is an interlocutory appeal permitted under section 1292(c) of title 28,
United States Code.".
(b) JUDICIAL REVIEW OF EMERGENCY ORDERS UNDER THE NATURAL GAS POLICY
ACT. -- Section 506(c) of the Natural Gas Policy Act of 1978 (15 U.S.C.
3416(c)) is amended --
(1) in the first sentence, by striking "the Temporary Emergency
Court of Appeals, established pursuant to section 211(b) of the
Economic Stabilization Act of 1970, as amended," and inserting
"the United States Court of Appeals for the Federal Circuit"; and
(2) by striking "Temporary Emergency Court of Appeals" each
place it appears and inserting "United States Court of Appeals for
the Federal Circuit".
(c) CONFORMING AMENDMENTS. -- Section 1295(a) of title 28, United
States Code, is amended --
(1) by striking "and" at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
"(11) of an appeal under section 211 of the Economic
Stabilization Act of 1970;
"(12) of an appeal under section 5 of the Emergency Petroleum
Allocation Act of 1973;
"(13) of an appeal under section 506(c) of the Natural Gas
Policy Act of 1978; and
"(14) of an appeal under section 523 of the Energy Policy and
Conservation Act.".
(d) ABOLITION OF COURT. -- The Temporary Emergency Court of Appeals
created by section 211(b) "28 USC 1295 note" of the Economic
Stabilization Act of 1970 is abolished, effective 6 months after the
date of the enactment of this Act.
(e) PENDING CASES. -- (1) Any appeal which, before the effective
date of abolition described in subsection (d), "28 USC 1295 note" is
pending in the Temporary Emergency Court of Appeals but has not been
submitted to a panel of such court as of that date shall be assigned to
the United States Court of Appeals for the Federal Circuit as though the
appeal had originally been filed in that court.
(2) Any case which, before the effective date of abolition described
in subsection (d), has been submitted to a panel of the Temporary
Emergency Court of Appeals and as to which the mandate has not been
issued as of that date shall remain with that panel for all purposes
and, notwithstanding the provisions of sections 291 and 292 of title 28,
United States Code, that panel shall be assigned to the United States
Court of Appeals for the Federal Circuit for the purpose of deciding
such case.
SEC. 103. JURISDICTION OF MAGISTRATE JUDGES TO MODIFY OR REVOKE
PROBATION OR SUPERVISED RELEASE AFTER IMPRISONMENT.
Section 3401 of title 18, United States Code, is amended --
(1) in subsection (d) by striking "and to revoke or reinstate
the probation of any person granted probation by him." and
inserting "and to revoke, modify, or reinstate the probation of
any person granted probation by a magistrate judge."; and
(2) by adding at the end the following new subsections:
"(h) The magistrate judge shall have power to modify, revoke, or
terminate supervised release of any person sentenced to a term of
supervised release by a magistrate judge.
"(i) A district judge may designate a magistrate judge to conduct
hearings to modify, revoke, or terminate supervised release, including
evidentiary hearings, and to submit to the judge proposed findings of
fact and recommendations for such modification, revocation, or
termination by the judge, including, in the case of revocation, a
recommended disposition under section 3583(e) of this title. The
magistrate judge shall file his or her proposed findings and
recommendations.".
SEC. 104. INTERCIRCUIT TRANSFERS.
Section 291(a) of title 28, United States Code, is amended to read as
follows:
"(a) The Chief Justice of the United States may, in the public
interest, designate and assign temporarily any circuit judge to act as
circuit judge in another circuit upon request by the chief judge or
circuit justice of such circuit.".
SEC. 201. JUDICIAL SURVIVORS' ANNUITIES AMENDMENTS.
(a) ELECTION. -- Section 376(a)(1) of title 28, United States Code,
is amended in the matter following subparagraph (G) --
(1) by striking "or" at the end of clause (v); and
(2) by inserting before the semicolon at the end of clause (vi)
", or (vii) the date of the enactment of the Federal Courts
Administration Act of 1992".
(b) CONTRIBUTIONS. -- Section 376(b) of title 28, United States
Code, is amended --
(1) by inserting "(1)" after "(b)";
(2) in the first sentence by striking "including any
'retirement salary', a sum equal to 5 percent of that salary." and
inserting "a sum equal to 2.2 percent of that salary, and a sum
equal to 3.5 percent of his or her retirement salary. The
deduction from any retirement salary --
"(A) of a justice or judge of the United States retired from
regular active service who is described in section 371(b)(1) of
this title,
"(B) of a justice or judge of the United States retired under
section 372(a) of this title who is willing and able to perform
judicial duties in accordance with section 294 of this title,
"(C) of a judge of the United States Court of Federal Claims
retired under section 178(a) or (b) of this title who meets the
requirements of section 178(d) of this title, or
"(D) of a judicial official on recall under section 155(b),
797, 373(c)(4), 375, or 636(h) of this title,
shall be an amount equal to 2.2 percent of retirement salary.";
(3) by redesignating all that follows the first sentence (as
amended by paragraph (2) of this subsection) as paragraph (3) and
inserting before such paragraph (3) the following new paragraph:
"(2) A judicial official who is not entitled to receive an immediate
retirement salary upon leaving office but who is eligible to receive a
deferred retirement salary on a later date shall file, within 90 days
before leaving office, a written notification of his or her intention to
remain within the purview of this section under such conditions and
procedures as may be determined by the Director of the Administrative
Office of the United States Courts. Every judicial official who files a
written notification in accordance with this paragraph shall be deemed
to consent to contribute, during the period before such a judicial
official begins to receive his or her retirement salary, a sum equal to
3.5 percent of the deferred retirement salary which that judicial
official is entitled to receive. Any judicial official who fails to
file a written notification under this paragraph shall be deemed to have
revoked his or her election under subsection (a) of this section."; and
(4) in paragraph (3), as redesignated by paragraph (3) of this
subsection, by striking "so deducted and withheld from the salary
of each such judicial official" and inserting "deducted and
withheld from the salary of each judicial official under
paragraphs (1) and (2) of this subsection".
(c) DEPOSITS. -- Section 376(d) of title 28, United States Code, is
amended --
(1) in paragraph (1) by striking "5 percent" and inserting "3.5
percent"; and
(2) in paragraph (2) by striking "5 percent" and inserting "3.5
percent".
(d) REFUND OF DEPOSITS. -- Section 376(g) of title 28, United States
Code, is amended to read as follows:
"(g) If any judicial official leaves office and is ineligible to
receive a retirement salary or leaves office and is entitled to a
deferred retirement salary but fails to make an election under
subsection (b)(2) of this section, all amounts credited to his or her
account established under subsection (e), together with interest at 4
percent per annum to December 31, 1947, and at 3 percent per annum
thereafter, compounded on December 31 of each year, to the date of his
or her relinquishment of office, minus a sum equal to 2.2 percent of
salary for service while deductions were withheld under subsection (b)
or for which a deposit was made by the judicial official under
subsection (d), shall be returned to that judicial official in a
lump-sum payment within a reasonable period of time following the date
of his or her relinquishment of office. For the purposes of this
section, a 'reasonable period of time' shall be presumed to be no longer
than 1 year following the date upon which such judicial official
relinquishes his or her office.".
(e) PAYMENT OF ANNUITIES. -- Section 376(h)(1) of title 28, United
States Code, is amended by striking "or while receiving 'retirement
salary,'" and inserting "while receiving retirement salary, or after
filing an election and otherwise complying with the conditions under
subsection (b)(2) of this section".
(f) CREDITABLE SERVICE. -- Section 376(k) of title 28, United States
Code, is amended --
(1) in paragraph (3) by striking "and" at the end;
(2) in paragraph (4) by striking the period and inserting ",
and"; and
(3) by adding at the end the following new paragraph:
"(5) those years during which such judicial official had
deductions withheld from his or her retirement salary in
accordance with subsection (b)(1) or (2) of this section.".
(g) COMPUTATION OF ANNUITY. -- Section 376(l) of title 28, United
States Code, is amended --
(1) in paragraph (1) by striking "(i) during those three years
of such service in which his or her annual salary" and inserting
"(i) during those three years of such service, or during those
three years while receiving a retirement salary, in which his or
her annual salary or retirement salary"; and
(2) in paragraph (1) by redesignating subparagraph (D) as
subparagraph (E) and inserting after subparagraph (C) the
following:
"(D) the number of years during which the judicial official had
deductions withheld from his or her retirement salary under
subsection (b)(1) or (2) of this section; plus".
(h) TERMINATION. -- Section 376 of title 28, United States Code, is
amended by adding at the end of that section the following new
subsection:
"(v) Subject to the terms of a decree, court order, or agreement
described in subsection (t)(1), if any judicial official ceases to be
married after making the election under subsection (a), he or she may
revoke such election in writing by notifying the Director of the
Administrative Office of the United States Courts. The judicial
official shall also notify any spouse or former spouse of the
application for revocation in accordance with such requirements as the
Director of the Administrative Office of the United States Courts shall
by regulation prescribe. The Director may provide under such
regulations that the notification requirement may be waived with respect
to a spouse or former spouse if the judicial official establishes to the
satisfaction of the Director that the whereabouts of such spouse or
former spouse cannot be determined.".
(i) ADJUSTMENT OF CONTRIBUTION RATE. -- Section 376 of title 28,
United States Code, is amended by adding at the end of that section the
following new subsection:
"(w) The Comptroller General of the United States shall, at the end
of each 3-fiscal year period, determine whether the contributions by
judicial officials under subsection (b) during that 3-year period
accounted for 50 percent of the costs of the Judicial Survivors'
Annuities Fund and if not, then what adjustments in the contribution
rates under subsection (b) should be made to achieve that 50 percent
figure. The Comptroller General shall report the results of each
determination under this subsection to the Congress.".
(j) CREDIT FOR PRIOR CONTRIBUTIONS AT HIGHER RATE. --
Notwithstanding any other provision of law, the contribution under
section 376(b)(1) or (2) of title 28, United States Code "28 USC 376
note" (as amended by this section), of any judicial official who is
within the purview of such section 376 on the effective date of this
title shall be reduced by 0.5 percent for a period of time equal to the
number of years of service for which the judicial official has made
contributions or deposits before the enactment of this Act to the credit
of the Judicial Survivors' Annuities Fund or for 18 months, whichever is
less, if such contributions or deposits were never returned to the
judicial official. For purposes of this subsection, the term "years"
shall mean full years and twelfth parts thereof.
(k) REDEPOSIT OF PRIOR CONTRIBUTIONS. -- Any judicial official as
defined in section 376(a)(1) of title 28, United States Code, "28 USC
376 note" who makes an election under section 376(b) of title 28, United
States Code, may make a redeposit, as required by section 7 of Public
Law 94-554 and section 2(c)(2) of Public Law 99-336, to the credit of
the Judicial Survivors' Annuities Fund in installments, in such amounts
and under such conditions as may be determined in each instance by the
Director of the Administrative Office of the United States Courts. If a
judicial official elects to make a redeposit in installments --
(1) the Director shall require that the first installment
payment made shall be in an amount no smaller than the last 18
months of salary deductions or deposits previously returned to
that judicial official in a lump-sum payment; and
(2) the election under section 376(b) of title 28, United
States Code, shall be effective upon payment of the first such
installment.
(l) AUDIT BY GAO. -- The Comptroller General shall --
(1) conduct an audit of the judicial survivors annuities
program under section 376 of title 28, United States Code, "28 USC
376 note" for the 3-year period beginning on the date of the
enactment of this Act; and
(2) report to the Congress, not later than 60 days after the
end of that 3-year period, on the results of such audit, comparing
such program to other survivors annuities programs within the
Federal Government.
SEC. 202. "28 USC 376 note" EFFECTIVE DATE.
This title and the amendments made by this title shall take effect on
the date of the enactment of this Act.
SEC. 301. AWARD OF FILING FEES IN FAVOR OF THE UNITED STATES.
(a) ACTIONS COMMENCED BY THE UNITED STATES. -- Section 2412(a) of
title 28, United States Code, is amended --
(1) by inserting "(1)" after "(a)"; and
(2) by adding at the end the following new paragraph:
"(2) A judgment for costs, when awarded in favor of the United States
in an action brought by the United States, may include an amount equal
to the filing fee prescribed under section 1914(a) of this title. The
preceding sentence shall not be construed as requiring the United States
to pay any filing fee.".
(b) DISPOSITION OF FILING FEES. -- Section 1931 of title 28, United
States Code, is amended by striking "The following" and all that follows
through the end and inserting the following:
"(a) Of the amounts paid to the clerk of court as a fee under section
1914(a) or as part of a judgment for costs under section 2412(a)(2) of
this title, $60 shall be deposited into a special fund of the Treasury
to be available to offset funds appropriated for the operation and
maintenance of the courts of the United States.
"(b) If the court authorizes a fee under section 1914(a) or an amount
included in a judgment for costs under section 2412(a)(2) of this title
of less than $120, the entire fee or amount, up to $60, shall be
deposited into the special fund provided in this section.".
SEC. 401. JURY SELECTION.
Section 1863(b)(2) of title 28, United States Code, is amended by
adding at the end the following: "The plan for the district of
Massachusetts may require the names of prospective jurors to be selected
from the resident list provided for in chapter 234A, Massachusetts
General Laws, or comparable authority, rather than from voter lists.".
SEC. 402. GRAND JURY TRAVEL.
Section 1871(c) of title 28, United States Code, is amended by adding
at the end the following new paragraph:
"(5) A grand juror who travels to district court pursuant to a
summons may be paid the travel expenses provided under this section or,
under guidelines established by the Judicial Conference, the actual
reasonable costs of travel by aircraft when travel by other means is not
feasible and when certified by the chief judge of the district court in
which the grand juror serves.".
SEC. 403. PERMANENT AUTHORIZATION FOR OPTIONAL USE OF NEW JURY
SELECTION PROCESS.
(a) AUTHORITY TO USE ONE-STEP PROCEDURE. -- Section 1878 of title
28, United States Code, is amended to read as follows:
"Section 1878. Optional use of a one-step summoning and
qualification procedure
"(a) At the option of each district court, jurors may be summoned and
qualified in a single procedure, if the court's jury selection plan so
authorizes, in lieu of the two separate procedures otherwise provided
for by this chapter. Courts shall ensure that a one-step summoning and
qualification procedure conducted under this section does not violate
the policies and objectives set forth in section 1861 and 1862 of this
title.
"(b) Jury selection conducted under this section shall be subject to
challenge under section 1867 of this title for substantial failure to
comply with the provisions of this title in selecting the jury.
However, no challenge under section 1867 of this title shall lie solely
on the basis that a jury was selected in accordance with a one-step
summoning and qualification procedure authorized by this section.".
(b) CONFORMING AMENDMENT. -- The item relating to section 1878 in
the table of sections for chapter 121 is amended to read as follows:
"1878. Optional use of a one-step summoning and qualification
procedure.".
(c) SAVINGS PROVISION. -- For courts participating in the experiment
authorized under section 1878 of title 28, United States Code "28 USC
1878 note" (as in effect before the effective date of this section), the
amendment made by subsection (a) of this section shall be effective on
and after January 1, 1992.
SEC. 501. PRETERMISSION OF REGULAR SESSIONS OF COURT OF APPEALS.
Section 48(c) of title 28, United States Code, is amended by striking
", with the consent of the Judicial Conference of the United States,".
SEC. 502. REPORTS AND STATISTICS.
(a) ELIMINATION OF DUPLICATIVE REPORTING REQUIREMENT. -- After
January 1, 1992, the Director of the Administrative Office of the United
States Courts is not required to send a report under section 1121(a) of
Public Law 95-630 (12 U.S.C. 3421(a)). "12 USC 3421 note"
(b) TRANSFER OF REPORTING DUTY TO ADMINISTERING AGENCY. -- Section
2412(d)(5) of title 28, United States Code, is amended by striking "The
Director" and all that follows through "this title," and inserting "The
Attorney General shall report annually to the Congress on".
(c) EXTENSION FOR JUDICIAL CENTER REPORT. -- Section 302(c) of the
Judicial Improvements Act of 1990 (Public Law 101-650; 104 Stat. 5104)
"28 USC 620 note" is amended by striking "2 years" and inserting "2
years and 9 months".
SEC. 503. RECYCLING AND REUSE OF RECYCLABLE MATERIALS.
Section 604(g) of title 28, United States Code, is amended by adding
at the end the following new paragraph:
"(3)(A) In order to promote the recycling and reuse of recyclable
materials, the Director may provide for the sale or disposal of
recyclable scrap materials from paper products and other consumable
office supplies held by an entity within the judicial branch.
"(B) The sale or disposal of recyclable materials under subparagraph
(A) shall be consistent with the procedures provided in section 203 of
the Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484) for the sale of surplus property.
"(C) Proceeds from the sale of recyclable materials under
subparagraph (A) shall be deposited as offsetting collections to the
fund established under section 1931 of this title and shall remain
available until expended to reimburse any appropriations for the
operation and maintenance of the judicial branch.".
SEC. 504. VENUE IN DIVERSITY AND FEDERAL QUESTION CASES.
Section 1391(a)(3) of title 28, United States Code, is amended by
inserting before the period ", if there is no district in which the
action may otherwise be brought".
SEC. 505. SUMMARIES OF REPORTS TO CONGRESS.
Section 103(c)(4)(B) of the Civil Justice Reform Act of 1990 (Public
Law 101-650) "28 USC 471 note" is amended by striking "the reports" and
inserting "summaries of the reports".
SEC. 506. COSTS AND FEES IN THE UNITED STATES COURT OF VETERANS
APPEALS.
(a) IN GENERAL. -- Section 2412(d)(2)(F) of title 28, United States
Code, is amended by inserting before the semicolon "and the United
States Court of Veterans Appeals".
(b) APPLICATION TO PENDING CASES. -- The amendment made by
subsection (a) "28 USC 2412 note" shall apply to any case pending before
the United States Court of Veterans Appeals on the date of the enactment
of this Act, to any appeal filed in that court on or after such date,
and to any appeal from that court that is pending on such date in the
United States Court of Appeals for the Federal Circuit.
(c) FEE AGREEMENTS. -- Section 5904(d) of title 38, United States
Code, "28 USC 2412 note" shall not prevent an award of fees and other
expenses under section 2412(d) of title 28, United States Code. Section
5904(d) of title 38, United States Code, shall not apply with respect to
any such award but only if, where the claimant's attorney receives fees
for the same work under both section 5904 of title 38, United States
Code, and section 2412(d) of title 28, United States Code, the
claimant's attorney refunds to the claimant the amount of the smaller
fee.
(d) EFFECTIVE DATE. -- This section, "28 USC 2412 note" and the
amendment made by this section, shall take effect on the date of the
enactment of this Act.
SEC. 601. JUDICIAL RETIREMENT MATTERS.
(a) JUDICIAL RETIREMENT FUNDS. -- Section 255(g)(1)(B) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
905(g)(1)(B)) is amended by inserting after "Judicial survivors'
annuities fund (10-8110-0-7-602);" the following:
"Judicial Officers' Retirement Fund (10-8122-0-7-602);
"Court of Federal Claims Judges' Retirement Fund
(10-8124-0-7-602);"
(b) JUDICIARY TRUST FUNDS. -- Section 255(g)(1)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A))
is amended by inserting after "Payment to civil service retirement and
disability fund (24-0200-0-1-805);" the following:
"Payment to Judiciary Trust Funds (10-0941-0-1-752);".
SEC. 602. FEDERAL JUDICIAL CENTER.
(a) FUNCTIONS. -- Subsection 620(b) of title 28, United States Code,
is amended --
(1) in paragraph (4) by striking "and" at the end;
(2) in paragraph (5) by striking the period and inserting ";
and"; and
(3) by adding at the end the following new paragraph:
"(6) insofar as may be consistent with the performance of the
other functions set forth in this section, to cooperate with and
assist agencies of the Federal Government and other appropriate
organizations in providing information and advice to further
improvement in the administration of justice in the courts of
foreign countries and to acquire information about judicial
administration in foreign countries that may contribute to
performing the other functions set forth in this section.".
(b) CLERICAL COMPENSATION. -- Subsection 625(c) of title 28, United
States Code, is amended by striking "competitive service and" and
inserting "competitive service without regard to".
SEC. 701. NEW AUTHORITY FOR PROBATION AND PRETRIAL SERVICES
OFFICERS.
(a) PROBATION OFFICERS. -- Section 3603 of title 18, United States
Code, is amended --
(1) in paragraph (7) by striking "and" at the end;
(2) by redesignating paragraph (8) as paragraph (9) and
inserting after paragraph (7) the following new paragraph:
"(8)(A) when directed by the court, and to the degree required
by the regimen of care or treatment ordered by the court as a
condition of release, keep informed as to the conduct and provide
supervision of a person conditionally released under the
provisions of section 4243 or 4246 of this title, and report such
person's conduct and condition to the court ordering release and
to the Attorney General or his designee; and
"(B) immediately report any violation of the conditions of
release to the court and the Attorney General or his designee;
and".
(b) PRETRIAL SERVICES. -- Section 3154 of title 18, United States
Code, is amended --
(1) by redesignating paragraph (12) as paragraph (13); and
(2) by inserting after paragraph (11) the following new
paragraph:
"(12)(A) As directed by the court and to the degree required by
the regimen of care or treatment ordered by the court as a
condition of release, keep informed as to the conduct and provide
supervision of a person conditionally released under the
provisions of section 4243 or 4246 of this title, and report such
person's conduct and condition to the court ordering release and
the Attorney General or his designee.
"(B) Any violation of the conditions of release shall
immediately be reported to the court and the Attorney General or
his designee.".
SEC. 702. "18 USC 3006A note" GOVERNMENT RATES OF TRAVEL FOR
CRIMINAL JUSTICE ACT ATTORNEYS AND EXPERTS.
The Administrator of General Services, in entering into contracts
providing for special rates to be charged by Federal Government sources
of supply, including common carriers and hotels (or other commercial
providers of lodging) for official travel and accommodation of Federal
Government employees, shall provide for charging the same rates for
attorneys, experts, and other persons traveling primarily in connection
with carrying out responsibilites under section 3006A of title 18,
United States Code, including community defender organizations
established under subsection (g) of that section.
SEC. 703. TECHNICAL CORRECTION.
Section 3143(b)(1) of title 18, United States Code, is amended by
striking "paragraph (b)(2)(D)" and inserting "subparagraph (B)(iv) of
this paragraph".
SEC. 801. AUTHORIZATION OF APPROPRIATIONS.
The text of section 215 of the State Justice Institute Act of 1984
(Public Law 98-620; 42 U.S.C. 10713) is amended to read as follows:
"SEC. 215. There are authorized to be appropriated to carry out the
purposes of this title $20,000,000 for fiscal year 1993, $20,000,000 for
fiscal year 1994, $25,000,000 for fiscal year 1995, and $25,000,000 for
fiscal year 1996. Amounts appropriate for each such year are to remain
available until expended.".
SEC. 802. INTERAGENCY AGREEMENTS. Section 206(b) of the State
Justice Institute Act of 1984 (42 U.S.C. 10705(b)) is amended --
(1) in paragraph (1) --
(A) by striking "shall give priority to grants, cooperative
agreements, or contracts" and inserting "may award grants to or
enter into cooperative agreements or contracts"; and
(B) in subparagraph (A) by striking the comma and inserting a
semicolon;
(2) in paragraph (2) by inserting "to" after "award grants";
(3) by striking paragraph (3) and inserting the following:
"(3) Upon application by an appropriate State or local agency
or institution and if the arrangements to be made by such agency
or institution will provide services which could not be provided
adequately through nongovernmental arrangements, the Institute may
award a grant or enter into a cooperative agreement or contract
with a unit of State or local government other than a court.";
(4) by redesignating paragraph (4) as paragraph (5); and
(5) by inserting after paragraph (3) the following new
paragraph:
"(4) The Institute may enter into contracts with Federal
agencies to carry out the purposes of this title.".
SEC. 803. TECHNICAL AMENDMENTS.
(a) BOARD OF DIRECTORS. -- Section 204(a)(3) of the State Justice
Institute Act of 1984 (42 U.S.C. 10703(a)(3)) is amended in the second
sentence by striking "conference" and inserting "Conference".
(b) USES OF FUNDS. -- Section 206(c)(7) of the State Justice
Institute Act of 1984 (42 U.S.C. 10705(c)(7)) is amended by striking
"effect" and inserting "affect".
SEC. 804. "42 USC 10703 note" EFFECTIVE DATE.
The provisions of this title shall take effect on the date of the
enactment of this Act.
SEC. 901. "28 USC 1 note" SHORT TITLE.
This title may be cited as the "Court of Federal Claims Technical and
Procedural Improvements Act of 1992".
SEC. 902. COURT DESIGNATION.
(a) IN GENERAL. -- Chapters 7, 51, 91, and 165 of title 28, United
States Code, are amended --
(1) by striking "United States Claims Court" each place it
appears and inserting "United States Court of Federal Claims";
and
(2) by striking "Claims Court" each place it appears and
inserting "Court of Federal Claims".
(b) OTHER PROVISIONS OF LAW. "28 USC 171 note" -- Reference in any
other Federal law or any document to --
(1) the "United States Claims Court" shall be deemed to refer
to the "United States Court of Federal Claims"; and
(2) the "Claims Court" shall be deemed to refer to the "Court
of Federal Claims".
SEC. 903. MILITARY RETIREMENT PAY FOR RETIRED JUDGES.
(a) IN GENERAL. -- Chapter 7 of title 28, United States Code, is
amended by adding at the end the following new section:
"Section 180. Military retirement pay for retired judges
"Section 371(e) of this title applies to judges of the United States
Court of Federal Claims, and for the purpose of construing section
371(e) of this title, a judge of the United States Court of Federal
Claims shall be deemed to be a judge of the United States as defined in
section 451 of this title.".
(b) TABLE OF SECTIONS. -- The table of sections for chapter 7 of
title 28, United States Code, is amended by adding at the end the
following:
"179. Insurance and annuities programs.
"180. Military retirement pay for retired judges.".
SEC. 904. RECALL OF COURT OF FEDERAL CLAIMS JUDGES ON SENIOR STATUS.
(a) IN GENERAL. -- Section 375 of title 28, United States Code, is
amended --
(1) in the first sentence of subsection (a)(1) by striking ", a
judge of the Claims Court," and ", judge of the Claims Court,";
(2) by amending paragraph (2) of subsection (a) to read as
follows:
"(2) For purposes of paragraph (1) of this subsection, a
certification may be made, in the case of a bankruptcy judge or a United
States magistrate, by the judicial council of the circuit in which the
official duty station of the judge or magistrate at the time of
retirement was located.";
(3) by amending paragraph (3) of subsection (a) to read as
follows:
"(3) For purposes of this section, the term 'bankruptcy judge' means
a bankruptcy judge appointed under chapter 6 of this title or serving as
a bankruptcy judge on March 31, 1984."; and
(4) in subsection (f) --
(A) by striking ", a judge of the Claims Court,"; and
(B) by striking ", a commissioner of the Court of Claims,".
(b) RECALL OF RETIRED JUDGES. -- Section 797(d) of title 28, United
States Code, is amended in the second sentence by striking "civil
service".
SEC. 905. LAW CLERKS.
The first sentence of section 794 of title 28, United States Code, is
amended by inserting after "may approve" the following: "for district
judges".
SEC. 906. SITES FOR HOLDING COURT.
(a) IN GENERAL. -- Section 798(a) of title 28, United States Code,
is amended to read as follows:
"(a) The United States Court of Federal Claims is authorized to use
facilities and hold court in Washington, District of Columbia, and
throughout the United States (including its territories and possessions)
as necessary for compliance with sections 173 and 2503(c) of this title.
The facilities of the Federal courts, as well as other comparable
facilities administered by the General Services Administration, shall be
made available for trials and other proceedings outside of the District
of Columbia.".
(b) HEARING IN A FOREIGN COUNTRY. -- Section 798 of title 28, United
States Code, is amended --
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
"(b) Upon application of a party or upon the judge's own initiative,
and upon a showing that the interests of economy, efficiency, and
justice will be served, the chief judge of the Court of Federal Claims
may issue an order authorizing a judge of the court to conduct
proceedings, including evidentiary hearings and trials, in a foreign
country whose laws do not prohibit such proceedings, except that an
interlocutory appeal may be taken from such an order pursuant to section
1292(d)(2) of this title, and the United States Court of Appeals for the
Federal Circuit may, in its discretion, consider the appeal.".
(c) APPEAL JURISDICTION. -- Section 1292(d)(2) of title 28, United
States Code, is amended by inserting after "When" the following: "the
chief judge of the United States Court of Federal Claims issues an order
under section 798(b) of this title, or when".
SEC. 907. JURISDICTION.
(a) CERTIFICATIONS. -- (1) Section 6(c) of the Contract Disputes Act
of 1978 (41 U.S.C. 605(c)) is amended --
(A) in paragraph (1) in the second sentence --
(i) by striking "and" after "belief,"; and
(ii) by inserting before the period at the end of the sentence
the following: ", and that the certifier is duly authorized to
certify the claim on behalf of the contractor"; and
(B) by adding at the end the following:
"(6) The contracting officer shall have no obligation to render a
final decision on any claim of more than $50,000 that is not certified
in accordance with paragraph (1) if, within 60 days after receipt of the
claim, the contracting officer notifies the contractor in writing of the
reasons why any attempted certification was found to be defective. A
defect in the certification of a claim shall not deprive a court or an
agency board of contract appeals of jurisdiction over that claim. Prior
to the entry of a final judgment by a court or a decision by an agency
board of contract appeals, the court or agency board shall require a
defective certification to be corrected.
"(7) The certification required by paragraph (1) may be executed by
any person duly authorized to bind the contractor with respect to the
claim.".
(2) The amendment made by paragraph (1)(B) "41 USC 605 note" shall be
effective with respect to all claims filed before, on, or after the date
of the enactment of this Act, except for those claims which, before such
date of enactment, have been the subject of an appeal to an agency board
of contract appeals or a suit in the United States Claims Court.
(3) If any interest is due under section 12 "41 USC 611 note" of the
Contract Disputes Act of 1978 on a claim for which the certification
under section 6(c)(1) is, on or after the date of the enactment of this
Act, found to be defective shall be paid from the later of the date on
which the contracting officer initially received the claim or the date
of the enactment of this Act.
(4) The amendments made by paragraph (1)(A) shall be effective with
respect to certifications executed more than 60 days after the effective
date of amendments to the Federal Acquisition Regulation implementing
the amendments made by paragraph (1)(A) "41 USC 605 note" with respect
to the certification of claims.
(b) JURISDICTION OF COURT OF FEDERAL CLAIMS. -- (1) Section
1491(a)(2) of title 28, United States Code, is amended in the last
sentence by inserting before the period at the end the following: ",
including a dispute concerning termination of a contract, rights in
tangible or intangible property, compliance with cost accounting
standards, and other nonmonetary disputes on which a decision of the
contracting officer has been issued under section 6 of that Act".
(2) The amendment made by paragraph (1) "28 USC 1491 note" shall be
effective with respect to all actions filed before, on, or after the
date of the enactment of this Act, except for those actions which,
before such date of enactment, have been the subject of --
(A) a final judgment of the United States Claims Court, if the
time for appeal of that judgment has expired without an appeal
having been filed, or
(B) a final judgment of the Court of Appeals for the Federal
Circuit.
SEC. 908. AWARDABLE COSTS.
(a) AWARD OF COSTS. -- Section 1919 of title 28, United States Code,
is amended --
(1) by striking "district court or" and inserting "district
court,"; and
(2) by inserting after "Trade" the following: ", or the Court
of Federal Claims".
(b) TECHNICAL AMENDMENTS. -- (1) The section caption for section
1919 of title 28, United States Code, is amended to read as follows:
"Section 1919. Dismissal for lack of jurisdiction".
(2) The item relating to section 1919 in the table of sections for
chapter 123 of title 28, United States Code, is amended to read as
follows:
"1919. Dismissal for lack of jurisdiction.".
SEC. 909. PROCEEDINGS GENERALLY.
Section 2503 of title 28, United States Code, is amended by adding at
the end the following:
"(d) For the purpose of construing sections 1821, 1915, 1920, and
1927 of this title, the United States Court of Federal Claims shall be
deemed to be a court of the United States.".
SEC. 910. SUBPOENAS AND INCIDENTAL POWERS.
(a) IN GENERAL. -- Section 2521 of title 28, United States Code, is
amended --
(1) by amending the section caption to read as follows:
"Section 2521. Subpoenas and incidental powers";
(2) by inserting "(a)" before "Subpoenas requiring"; and
(3) by adding at the end the following new subsections:
"(b) The United States Court of Federal Claims shall have power to
punish by fine or imprisonment, at its discretion, such contempt of its
authority as --
"(1) misbehavior of any person in its presence or so near
thereto as to obstruct the administration of justice;
"(2) misbehavior of any of its officers in their official
transactions; or
"(3) disobedience or resistance to its lawful writ, process,
order, rule, decree, or command.
"(c) The United States Court of Federal Claims shall have such
assistance in the carrying out of its lawful writ, process, order, rule,
decree, or command as is available to a court of the United States. The
United States marshal for any district in which the Court of Federal
Claims is sitting shall, when requested by the chief judge of the Court
of Federal Claims, attend any session of the Court of Federal Claims in
such district.".
(b) CONFORMING AMENDMENT. -- The table of sections for chapter 165
of title 28, United States Code, is amended by amending the item
relating to section 2521 to read as follows:
"2521. Subpoenas and incidental powers.".
SEC. 911. "28 USC 171 note" EFFECTIVE DATE.
This title and the amendments made by this title shall take effect on
the date of the enactment of this Act.
SEC. 1001. VICTIMS' RIGHTS FUNDING.
Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) is
amended --
(1) by striking subsection (c) and inserting the following:
"(c) Sums deposited in the Fund shall remain in the Fund and be
available for expenditure under this subsection for grants under this
chapter without fiscal year limitation."; and
(2) by striking subsection (d) and inserting the following:
"(d) The Fund shall be available as follows:
"(1) The first $6,200,000 deposited in the Fund in each of the
fiscal years 1992 through 1995 and the first $3,000,000 in each
fiscal year thereafter shall be available to the judicial branch
for administrative costs to carry out the functions of the
judicial branch under sections 3611 and 3612 of title 18, United
States Code.
"(2) Of the next $100,000,000 deposited in the Fund in a
particular fiscal year --
"(A) 49.5 percent shall be available for grants under section
1403; and
"(B) 45 percent shall be available for grants under secton
1404(a).
"(3) The next $5,500,000 deposited in the Fund in a particular
fiscal year shall be available for grants under section 1404(a).
"(4) The next $4,500,000 deposited in the Fund in a particular
fiscal year shall be available for grants under section 1404(a).
"(5) Any deposits in the Fund in a particular fiscal year that
remain after the funds are distributed under paragraphs (1)
through (4) shall be available as follows:
"(A) 47.5 percent shall be available for grants under section
1403.
"(B) 47.5 percent shall be available for grants under section
1404(a).
"(C) 5 percent shall be available for grants under section
1404(c).".
SEC. 1002. AUTHORITY TO LIMIT COLLECTION OF PRETRIAL INFORMATION IN
CLASS A MISDEMEANOR CASES.
Section 3154(1) of title 18, United States Code, is amended by
inserting before the period "; except that a district court may direct
that information not be collected, verified, or reported under this
paragraph on individuals charged with Class A misdemeanors as defined in
section 3559(a)(6) of this title".
SEC. 1003. TERRORISM CIVIL REMEDY.
(a) TERRORISM. -- Chapter 113A of title 18, United States Code, is
amended --
(1) in section 2331 by striking subsection (d) and
redesignating subsection (e) as subsection (d);
(2) by redesignating section 2331 as 2332 and striking the
caption for section 2331 and inserting the following:
"Section 2332. Criminal penalties";
(3) by inserting before section 2332 as redesignated the
following:
"Section 2331. Definitions
"As used in this chapter --
"(1) the term 'international terrorism' means activities that
--
"(A) involve violent acts or acts dangerous to human life that
are a violation of the criminal laws of the United States or of
any State, or that would be a criminal violation if committed
within the jurisdiction of the United States or of any State;
"(B) appear to be intended --
"(i) to intimidate or coerce a civilian population;
"(ii) to influence the policy of a government by intimidation
or coercion; or
"(iii) to affect the conduct of a government by assassination
or kidnapping; and
"(C) occur primarily outside the territorial jurisdiction of
the United States, or transcend national boundaries in terms of
the means by which they are accomplished, the persons they appear
intended to intimidate or coerce, or the locale in which their
perpetrators operate or seek asylum;
"(2) the term 'national of the United States' has the meaning
given such term in section 101(a)(22) of the Immigration and
Nationality Act;
"(3) the term 'person' means any individual or entity capable
of holding a legal or beneficial interest in property; and
"(4) the term 'act of war' means any act occurring in the
course of --
"(A) declared war;
"(B) armed conflict, whether or not war has been declared,
between two or more nations; or
"(C) armed conflict between military forces of any origin.";
(4) by adding after section 2332, as redesignated by paragraph
(2) of this subsection, the following new sections:
"Section 2333. Civil remedies
"(a) ACTION AND JURISDICTION. -- Any national of the United States
injured in his or her person, property, or business by reason of an act
of international terrorism, or his or her estate, survivors, or heirs,
may sue therefor in any appropriate district court of the United States
and shall recover threefold the damages he or she sustains and the cost
of the suit, including attorney's fees.
"(b) ESTOPPEL UNDER UNITED STATES LAW. -- A final judgment or decree
rendered in favor of the United States in any criminal proceeding under
section 1116, 1201, 1203, or 2332 of this title or section 902(i), (k),
(l), (n), or (r) of the Federal Aviation Act of 1958 (49 U.S.C. App.
1472(i), (k), (l), (n), or (r)) shall estop the defendant from denying
the essential allegations of the criminal offense in any subsequent
civil proceeding under this section.
"(c) ESTOPPEL UNDER FOREIGN LAW. -- A final judgment or decree
rendered in favor of any foreign state in any criminal proceeding shall,
to the extent that such judgment or decree may be accorded full faith
and credit under the law of the United States, estop the defendant from
denying the essential allegations of the criminal offense in any
subsequent civil proceeding under this section.
"Section 2334. Jurisdiction and venue
"(a) GENERAL VENUE. -- Any civil action under section 2333 of this
title against any person may be instituted in the district court of the
United States for any district where any plaintiff resides or where any
defendant resides or is served, or has an agent. Process in such a
civil action may be served in any district where the defendant resides,
is found, or has an agent.
"(b) SPECIAL MARITIME OR TERRITORIAL JURISDICTION. -- If the actions
giving rise to the claim occurred within the special maritime and
territorial jurisdiction of the United States, as defined in section 7
of this title, then any civil action under section 2333 of this title
against any person may be instituted in the district court of the United
States for any district in which any plaintiff resides or the defendant
resides, is served, or has an agent.
"(c) SERVICE ON WITNESSES. -- A witness in a civil action brought
under section 2333 of this title may be served in any other district
where the defendant resides, is found, or has an agent.
"(d) CONVENIENCE OF THE FORUM. -- The district court shall not
dismiss any action brought under section 2333 of this title on the
grounds of the inconvenience or inappropriateness of the forum chosen,
unless --
"(1) the action may be maintained in a foreign court that has
jurisdiction over the subject matter and over all the defendants;
"(2) that foreign court is significantly more convenient and
appropriate; and
"(3) that foreign court offers a remedy which is substantially
the same as the one available in the courts of the United States.
"Section 2335. Limitation of actions
"(a) IN GENERAL. -- Subject to subsection (b), a suit for recovery
of damages under section 2333 of this title shall not be maintained
unless commenced within 4 years after the date the cause of action
accrued.
"(b) CALCULATION OF PERIOD. -- The time of the absence of the
defendant from the United States or from any jurisdiction in which the
same or a similar action arising from the same facts may be maintained
by the plaintiff, or of any concealment of the defendant's whereabouts,
shall not be included in the 4-year period set forth in subsection (a).
"Section 2336. Other limitations
"(a) ACTS OF WAR. -- No action shall be maintained under section
2333 of this title for injury or loss by reason of an act of war.
"(b) LIMITATION ON DISCOVERY. -- If a party to an action under
section 2333 seeks to discover the investigative files of the Department
of Justice, the Assistant Attorney General, Deputy Attorney General, or
Attorney General may object on the ground that compliance will interfere
with a criminal investigation or prosecution of the incident, or a
national security operation related to the incident, which is the
subject of the civil litigation. The court shall evaluate any such
objections in camera and shall stay the discovery if the court finds
that granting the discovery request will substantially interfere with a
criminal investigation or prosecution of the incident or a national
security operation related to the incident. The court shall consider
the likelihood of criminal prosecution by the Government and other
factors it deems to be appropriate. A stay of discovery under this
subsection shall constitute a bar to the granting of a motion to dismiss
under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. If
the court grants a stay of discovery under this subsection, it may stay
the action in the interests of justice.
"(c) STAY OF ACTION FOR CIVIL REMEDIES. -- (1) The Attorney General
may intervene in any civil action brought under section 2333 for the
purpose of seeking a stay of the civil action. A stay shall be granted
if the court finds that the continuation of the civil action will
substantially interfere with a criminal prosecution which involves the
same subject matter and in which an indictment has been returned, or
interfere with national security operations related to the terrorist
incident that is the subject of the civil action. A stay may be granted
for up to 6 months. The Attorney General may petition the court for an
extension of the stay for additional 6-month periods until the criminal
prosecution is completed or dismissed.
"(2) In a proceeding under this subsection, the Attorney General may
request that any order issued by the court for release to the parties
and the public omit any reference to the basis on which the stay was
sought.
"Section 2337. Suits against Government officials
"No action shall be maintained under section 2333 of this title
against --
"(1) the United States, an agency of the United States, or an
officer or employee of the United States or any agency thereof
acting within his or her official capacity or under color of legal
authority; or
"(2) a foreign state, an agency of a foreign state, or an
officer or employee of a foreign state or an agency thereof acting
within his or her official capacity or under color of legal
authority.
"Section 2338. Exclusive Federal jurisdiction
"The district courts of the United States shall have exclusive
jurisdiction over an action brought under this chapter."; and
(5) by amending the table of sections to read as follows:
"Sec.
"2331. Definitions.
"2332. Criminal penalties.
"2333. Civil remedies.
"2334. Jurisdiction and venue.
"2335. Limitation of actions.
"2336. Other limitations.
"2337. Suits against Government officials.
"2338. Exclusive Federal jurisdiction.".
(b) TABLE OF CONTENTS. -- The table of contents of part 1 of title
18, United States Code, is amended by striking
"113A. Extraterritorial jurisdiction over terrorist acts abroad
against United States nationals . . . 2331"
and inserting
"113A. Terrorism . . . 2331".
(c) EFFECTIVE DATE. -- This section "18 USC 2331 note" and the
amendments made by this section shall apply to any pending case or any
cause of action arising on or after 4 years before the date of enactment
of this Act.
SEC. 1101. EFFECTIVE DATE.
(a) IN GENERAL. -- Except as otherwise provided in this Act, "2 USC
905 note" the provisions of this Act and the amendments made by this Act
shall take effect on January 1, 1993.
(b) AVAILABILITY OF APPROPRIATIONS. -- Notwithstanding any provision
of this Act, all sums expended pursuant to this Act shall be subject to
the availability of appropriations.
Approved October 29, 1992.
LEGISLATIVE HISTORY -- S. 1569 (H.R. 5933):
HOUSE REPORTS: No. 102-1006 accompanying H.R. 5933 (Comm. on the
Judiciary).
SENATE REPORTS: No. 102-342 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 138 (1992): Aug. 3, considered and passed
Senate. Oct. 3, H.R. 5933 considered and passed House; S. 1569,
amended, passed in lieu. Oct. 7, Senate concurred in House amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): Oct.
29, Presidential statement.
Public Law 102-571, 106 Stat. 4491
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 101. "21 USC 301 note" SHORT TITLE AND REFERENCE.
(a) SHORT TITLE. -- This title may be cited as the "Prescription
Drug User Fee Act of 1992".
(b) REFERENCE. -- Whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Federal Food, Drug, and Cosmetic Act.
SEC. 102. "21 USC 379g note" FINDINGS.
The Congress finds that --
(1) prompt approval of safe and effective new drugs is critical
to the improvement of the public health so that patients may enjoy
the benefits provided by these therapies to treat and prevent
illness and disease;
(2) the public health will be served by making additional funds
available for the purpose of augmenting the resources of the Food
and Drug Administration that are devoted to the process for review
of human drug applications; and
(3) the fees authorized by this title will be dedicated toward
expediting the review of human drug applications as set forth in
the goals identified in the letters of September 14, 1992, and
September 21, 1992, from the Commissioner of Food and Drugs to the
Chairman of the Energy and Commerce Committee of the House of
Representatives and the Chairman of the Labor and Human Resources
Committee of the Senate, as set forth at 138 Cong. Rec.
H9099-H9100 (daily ed. September 22, 1992).
SEC. 103. FEES RELATING TO DRUGS.
Chapter VII, as amended by section 106, is amended by adding at the
end of subchapter C the following:
"SEC. 735. "21 USC 379g" DEFINITIONS.
"For purposes of this subchapter:
"(1) The term 'human drug application' means an application for
--
"(A) approval of a new drug submitted under section 505(b)(1),
"(B) approval of a new drug submitted under section 505(b)(2)
after September 30, 1992, which requests approval of --
"(i) a molecular entity which is an active ingredient
(including any salt or ester of an active ingredient), or
"(ii) an indication for a use, that had not been approved under
an application submitted under section 505(b),
"(C) initial certification or initial approval of an antibiotic
drug under section 507, or
"(D) licensure of a biological product under section 351 of the
Public Health Service Act.
Such term does not include a supplement to such an application,
does not include an application with respect to whole blood or a
blood component for transfusion, does not include an application
with respect to a bovine blood product for topical application
licensed before September 1, 1992, an allergenic extract product,
or an in vitro diagnostic biologic product licensed under section
351 of the Public Health Service Act, and does not include an
application with respect to a large volume parenteral drug product
approved before September 1, 1992.
"(2) The term 'supplement' means a request to the Secretary to
approve a change in a human drug application which has been
approved.
"(3) The term 'prescription drug product' means a specific
strength or potency of a drug in final dosage form --
"(A) for which a human drug application has been approved, and
"(B) which may be dispensed only under prescription pursuant to
section 503(b).
Such term does not include whole blood or a blood component for
transfusion, does not include a bovine blood product for topical
application licensed before September 1, 1992, an allergenic
extract product, or an in vitro diagnostic biologic product
licensed under section 351 of the Public Health Service Act, and
does not include a large volume parenteral drug product approved
before September 1, 1992.
"(4) The term 'final dosage form' means, with respect to a
prescription drug product, a finished dosage form which is
approved for administration to a patient without further
manufacturing.
"(5) The term 'prescription drug establishment' means a foreign
or domestic place of business which is --
"(A) at one general physical location consisting of one or more
buildings all of which are within 5 miles of each other, at which
one or more prescription drug products are manufactured in final
dosage form, and
"(B) under the management of a person that is listed as the
applicant in a human drug application for a prescription drug
product with respect to at least one such product.
For purposes of this paragraph, the term 'manufactured' does
not include packaging.
"(6) The term 'process for the review of human drug
applications' means the following activities of the Secretary with
respect to the review of human drug applications and supplements:
"(A) The activities necessary for the review of human drug
applications and supplements.
"(B) The issuance of action letters which approve human drug
applications or which set forth in detail the specific
deficiencies in such applications and, where appropriate, the
actions necessary to place such applications in condition for
approval.
"(C) The inspection of prescription drug establishments and
other facilities undertaken as part of the Secretary's review of
pending human drug applications and supplements.
"(D) Activities necessary for the review of applications for
licensure of establishments subject to section 351 of the Public
Health Service Act and for the release of lots of biologics under
such section.
"(E) Monitoring of research conducted in connection with the
review of human drug applications.
"(7) The term 'costs of resources allocated for the process for
the review of human drug applications' means the expenses incurred
in connection with the process for the review of human drug
applications for --
"(A) officers and employees of the Food and Drug
Administration, employees under contract with the Food and Drug
Administration who work in facilities owned or leased for the Food
and Drug Administration, advisory committees, and costs related to
such officers, employees, and committees,
"(B) management of information, and the acquisition,
maintenance, and repair of computer resources,
"(C) leasing, maintenance, renovation, and repair of facilities
and acquisition, maintenance, and repair of fixtures, furniture,
scientific equipment, and other necessary materials and supplies,
and
"(D) collecting fees under section 736 and accounting for
resources allocated for the review of human drug applications and
supplements.
"(8) The term 'adjustment factor' applicable to a fiscal year
is the lower of --
"(A) the Consumer Price Index for all urban consumers (all
items; United States city average) for August of the preceding
fiscal year divided by such Index for August 1992, or
"(B) the total of discretionary budget authority provided for
programs in the domestic category for the immediately preceding
fiscal year (as reported in the Office of Management and Budget
sequestration preview report, if available, required under section
254(d) of the Balanced Budget and Emergency Deficit Control Act of
1985) divided by such budget authority for fiscal year 1992 (as
reported in the Office of Management and Budget final
sequestration report submitted after the end of the 102d Congress,
2d Session).
The terms 'budget authority' and 'category' in subparagraph (B)
are as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as in effect as of September 1, 1992.
"SEC. 736. "21 USC 379h" AUTHORITY TO ASSESS AND USE DRUG FEES.
"(a) TYPES OF FEES. -- Beginning in fiscal year 1993, the Secretary
shall assess and collect fees in accordance with this section as
follows:
"(1) HUMAN DRUG APPLICATION AND SUPPLEMENT FEE. --
"(A) IN GENERAL. -- Each person that submits, on or after
September 1, 1992, a human drug application or a supplement shall
be subject to a fee as follows:
"(i) A fee established in subsection (b) for a human drug
application for which clinical data (other than bioavailability or
bioequivalence studies) with respect to safety or effectiveness
are required for approval.
"(ii) A fee established in subsection (b) for a human drug
application for which clinical data with respect to safety or
effectiveness are not required or a supplement for which clinical
data (other than bioavailability or bioequivalence studies) with
respect to safety or effectiveness are required.
"(B) PAYMENT SCHEDULE. --
"(i) FIRST PAYMENT. -- 50 percent of the fee required by
subparagraph (A) shall be due upon submission of the application
or supplement.
"(ii) FINAL PAYMENT. -- The remaining 50 percent of the fee
required by subparagraph (A) shal be due upon --
"(I) the expiration of 30 days from the date the Secretary
sends to the applicant a letter designated by the Secretary as an
action letter described in section 735(6)(B), or
"(II) the withdrawal of the applicatin or supplement after it
is filed unless the Secretary waives the fee or a portion of the
fee because no substantial work was performed on such application
or supplement after it was filed.
The designation under subclause (I) or the waiver under
subclause (II) shall be solely in the discretion of the Secretary
and shall not be reviewable.
"(C) EXCEPTION FOR PREVIOUSLY FILED APPLICATION OR SUPPLEMENT.
-- If a human drug application or supplement was submitted by a
person that paid the fee for such application or supplement, was
accepted for filing, and was not approved or was withdrawn
(without a waiver), the submission of a human drug application or
a supplement for the same product by the same person (or the
person's licensee, assignee, or successor) shall not be subject to
a fee under subparagraph (A).
"(D) REFUND OF FEE IF APPLICATION NOT ACCEPTED FOR FILING. --
The Secretary shall refund 50 percent of the fee paid under
subparagraph (B)(i) for any application or supplement which is not
accepted for filing.
"(2) PRESCRIPTION DRUG ESTABLISHMENT FEE. -- Each person that
--
"(A) owns a prescription drug establishment, at which is
manufactured at least 1 prescription drug product which is not
the, or not the same as a, product approved under an application
filed under section 505(b)(2) or 505(j), and
"(B) after September 1, 1992, had pending before the Secretary
a human drug application or supplement,
shall be subject to the annual fee established in subsection
(b) for each such establishment, payable on or before January 31
of each year.
"(3) PRESCRIPTION DRUG PRODUCT FEE. --
"(A) IN GENERAL. -- Except as provided in subparagraph (B),
each person --
"(i) who is named as the applicant in a human drug application
for a prescription drug product which is listed under section 510,
and
"(ii) who, after September 1, 1992, had pending before the
Secretary a human drug application or supplement,
shall pay for each such prescription drug product the annual
fee established in subsection (b). Such fee shall be payable at
the time of the first such listing of such product in each
calendar year. Such fee shall be paid only once each year for
each listed prescription drug product irrespective of the number
of times such product is listed under section 510.
"(B) EXCEPTION. -- The listing of a prescription drug product
under section 510 shall not require the person who listed such
product to pay the fee prescribed by subparagraph (A) if such
product is the same product as a product approved under an
application filed under section 505(b)(2) or 505(j).
"(b) FEE AMOUNTS. --
"(1) SCHEDULE. -- Except as provided in paragraph (2) and
subsections (c), (d), (f), and (g), the fees required under
subsection (a) shall be paid in accordance with the following
schedule:
"(2) SMALL BUSINESS EXCEPTION. -- Any business which has fewer
than 500 employees, including employees of affiliates, and which
does not have a prescription drug product introduced or delivered
for introduction into interstate commerce shall pay one-half the
amount of the fee for human drug applications it submits and shall
pay the entire amount of the fee for supplements it submits. Such
a business shall not be required to pay any portion of any fee
required under subsection (a)(1)(A) until 1 year after the date of
the submission of the application involved. For purposes of this
paragraph, one business is an affiliate of another business when,
directly or indirectly, one business controls, or has the power to
control, the other business or a third party controls, or has the
power to control, both businesses.
"(c) INCREASES AND ADJUSTMENTS. --
"(1) REVENUE INCREASE. -- The total fee revenues established
by the schedule in subsection (b)(1) shall be increased by the
Secretary by notice, published in the Federal Register, for a
fiscal year to reflect the greater of --
"(A) the total percentage increase that occurred during the
preceding fiscal year in the Consumer Price Index for all urban
consumers (all items; U.S. city average), or
"(B) the total percentage increase for such fiscal year in
basic pay under the General Schedule in accordance with section
5332 of title 5, United States Code, as adjusted by any
locality-based comparability payment pursuant to section 5304 of
such title for Federal employees stationed in the District of
Columbia.
"(2) ANNUAL FEE ADJUSTMENT. -- Subject to the amount
appropriated for a fiscal year under subsection (g), the Secretary
shall, within 60 days after the end of each fiscal year beginning
after October 1, 1992, adjust the fees established by the schedule
in subsection (b)(1) for the following fiscal year to achieve the
total fee revenues, as may be increased under paragraph (1). Such
fees shall be adjusted under this paragraph to maintain the
proportions established in such schedule.
"(3) LIMIT. -- The total amount of fees charged, as adjusted
under paragraph (2), for a fiscal year may not exceed the total
costs for such fiscal year for the resources allocated for the
process for the review of human drug applications.
"(d) FEE WAIVER OR REDUCTION. -- The Secretary shall grant a waiver
from or a reduction of 1 or more fees under subsection (a) where the
Secretary finds that --
"(1) such waiver or reduction is necessary to protect the
public health,
"(2) the assessment of the fee would present a significant
barrier to innovation because of limited resources available to
such person or other circumstances,
"(3) the fees to be paid by such person will exceed the
anticipated present and future costs incurred by the Secretary in
conducting the process for the review of human drug applications
for such person, or
"(4) assessment of the fee for an application or a supplement
filed under section 505(b)(1) pertaining to a drug containing an
active ingredient would be inequitable because an application for
a product containing the same active ingredient filed by another
person under section 505(b)(2) could not be assessed fees under
subsection (a)(1).
In making the finding in paragraph (3), the Secretary may use standard
costs.
"(e) EFFECT OF FAILURE TO PAY FEES. -- A human drug application or
supplement submitted by a person subject to fees under subsection (a)
shall be considered incomplete and shall not be accepted for filing by
the Secretary until all fees owed by such person have been paid.
"(f) ASSESSMENT OF FEES. --
"(1) LIMITATION. -- Fees may not be assessed under subsection
(a) for a fiscal year beginning after fiscal year 1993 unless
appropriations for salaries and expenses of the Food and Drug
Administration for such fiscal year (excluding the amount of fees
appropriated for such fiscal year) are equal to or greater than
the amount of appropriations for the salaries and expenses of the
Food and Drug Administration for the fiscal year 1992 multiplied
by the adjustment factor applicable to the fiscal year involved.
"(2) AUTHORITY. -- If the Secretary does not assess fees under
subsection (a) during any portion of a fiscal year because of
paragraph (1) and if at a later date in such fiscal year the
Secretary may assess such fees, the Secretary may assess and
collect such fees, without any modification in the rate, for human
drug applications and supplements, prescription drug
establishments, and prescription drug products at any time in such
fiscal year notwithstanding the provisions of subsection (a)
relating to the date fees are to be paid.
"(g) CREDITING AND AVAILABILITY OF FEES. --
"(1) IN GENERAL. -- Fees collected for a fiscal year pursuant
to subsection (a) shall be credited to the appropriation account
for salaries and expenses of the Food and Drug Administration and
shall be available in accordance with appropriation Acts until
expended without fiscal year limitation.
"(2) COLLECTIONS AND APPROPRIATION ACTS. -- The fees
authorized by this section --
"(A) shall be collected in each fiscal year in an amount equal
to the amount specified in appropriation Acts for such fiscal
year, and
"(B) shall only be collected and available to defray increases
in the costs of the resources allocated for the process for the
review of human drug applications (including increases in such
costs for an additional number of full-time equivalent positions
in the Department of Health and Human Services to be engaged in
such process) over such costs for fiscal year 1992 multiplied by
the adjustment factor.
"(3) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized
to be appropriated for fees under this section --
"(A) $36,000,000 for fiscal year 1993,
"(B) $54,000,000 for fiscal year 1994,
"(C) $75,000,000 for fiscal year 1995,
"(D) $78,000,000 for fiscal year 1996, and
"(E) $84,000,000 for fiscal year 1997,
as adjusted to reflect increases in the total fee revenues made
under subsection (c)(1).
"(h) COLLECTION OF UNPAID FEES. -- In any case where the Secretary
does not receive payment of a fee assessed under subsection (a) within
30 days after it is due, such fee shall be treated as a claim of the
United States Government subject to subchapter II of chapter 37 of title
31, United States Code.
"(i) CONSTRUCTION. -- This section may not be construed to require
that the number of full-time equivalent positions in the Department of
Health and Human Services, for officers, employers, and advisory
committees not engaged in the process of the review of human drug
applications, be reduced to offset the number of officers, employees,
and advisory committees to engaged.".
SEC. 104. "21 USC 379g note" ANNUAL REPORTS.
(a) FIRST REPORT. -- Within 60 days after the end of each fiscal
year during which fees are collected under part 2 of subchapter C of
chapter VII of the Federal Food, Drug, and Cosmetic Act, the Secretary
of Health and Human Services shall submit a report stating the Food and
Drug Administration's progress in achieving the goals identified in
section 102(3) of this Act during such fiscal year and that agency's
future plans for meeting such goals.
(b) SECOND REPORT. -- Within 120 days after the end of each fiscal
year during which such fees are collected, the Secretary of Health and
Human Services shall submit a report on the implementation of the
authority for such fees during such fiscal year and on the use the Food
and Drug Administration made of the fees collected during such fiscal
year for which the report is made.
(c) COMMITTEES. -- The reports described in subsections (a) and (b)
shall be submitted to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Labor and Human Resources of the
Senate.
SEC. 105. "21 USC 379g note" SUNSET.
The amendments made by section 103 shall not be in effect after
October 1, 1997 and section 104 shall not be in effect after 120 days
after such date.
SEC. 106. CONFORMING AMENDMENTS TO CHAPTER VII
Chapter VII is amended --
(1) by striking out in the chapter heading "ADMINISTRATIVE
PROVISIONS" and inserting in lieu thereof "AUTHORITY",
(2) by inserting before the section heading for section 701 the
following:
(3) by redesignating section 702A (21 U.S.C. 372a) as section
706 and by inserting it after section 705 (21 U.S.C. 375) "21 USC
379a, 376" and by redesignating section 712 (21 U.S.C. 379d) as
section 711,
(4) by moving section 706 (21 U.S.C. 376), "21 USC 376, 379e"
as in effect on the date of the enactment of this Act, to the end
of chapter VII, by redesignating the section as section 721, and
by inserting before the section heading for the section the
following:
(5) by inserting after section 721 (as so redesignated) the
following:
(6) by inserting section 711 (21 U.S.C. 379c), "21 USC 379c,
379f" as in effect on the date of the enactment of this Act, after the
heading for part 1 of subchapter C and redesignating it as section 731.
SEC. 107. GENERAL CONFORMING AMENDMENTS.
To conform the Federal Food, Drug, and Cosmetic Act, to the
amendments made to that Act by section 106(4), the following conforming
amendments are made:
(1) Section 201(u) (21 U.S.C. 321(u)) is amended by striking
out "706" and inserting in lieu thereof "721".
(2) Section 301(i)(1) (21 U.S.C. 331(i)(1)) is amended by
striking out "706" and inserting in lieu thereof "721".
(3) Section 301(j) (21 U.S.C. 331(j)) is amended by striking
out "706" and inserting in lieu thereof "721".
(4) Section 402(c) (21 U.S.C. 342(c)) is amended by striking
out "706" and inserting in lieu thereof "721".
(5) Section 403(i) (21 U.S.C. 343(i)) is amended by striking
out "706" and inserting in lieu thereof "721".
(6) Section 403(m) (21 U.S.C. 343(m)) is amended by striking
out "706" and inserting in lieu thereof "721".
(7) Section 408(g) (21 U.S.C. 346a(g)) is amended by striking
out "706" and inserting in lieu thereof "721".
(8) Section 501(a)(4) (21 U.S.C. 351(a)(4)) is amended by
striking out "706" each place it occurs and inserting in lieu
thereof "721".
(9) Section 502(m) (21 U.S.C. 352(m)) is amended by striking
out "706" and inserting in lieu thereof "721".
(10) Section 520(g)(2)(A) (21 U.S.C. 360j(g)(2)(A)) is amended
by striking out "706" and by inserting in lieu thereof "721".
(11) Section 601(e) (21 U.S.C. 361(e)) is amended by striking
out "706" and inserting in lieu thereof "721".
(12) Section 602(e) (21 U.S.C. 362(e)) is amended by striking
out "706" and inserting in lieu thereof "721".
(13) Section 4(g)(2)(D) of the Poultry Products Inspection Act
(21 U.S.C. 453(g)(2)(D)) is amended by striking out "706" and
inserting in lieu thereof "721".
(14) Section 1(m)(2)(D) of the Federal Meat Inspection Act (21
U.S.C. 601(m)(2)(D)) is amended by striking out "706" and
inserting in lieu thereof "721".
(15) Section 4(a)(2)(D) of the Egg Products Inspection Act (21
U.S.C. 1033(a)(2)(D)) is amended by striking out "706" and
inserting in lieu thereof "721".
(16) Section 10(b) of the Nutrition Labeling and Education Act
of 1990 (21 U.S.C. 343 note) "21 USC 343-1 note" is amended --
(A) in paragraph (2) --
(i) by striking "(1)24" and inserting "(A)24"; and
(ii) by striking "(2) action" and inserting "(B) action";
(B) by indenting, and aligning the margins of, paragraph (2) so
as to align with paragraph (1); and
(C) by indenting, and aligning the margins of, subparagraphs
(A) and (B) of paragraph (2) (as so designated by subparagraph
(A)) so as to align with the subparagraphs of paragraph (1).
(17) Section 10(c)(2)(A) of the Nutrition Labeling and
Education Act of 1990 (21 U.S.C. 343 note) (as amended by section
1 of the Act entitled "An Act to make Technical Amendments to the
Nutrition Information and Labeling Act, and for other purposes",
approved August 17, 1991 (Public Law 102-108; 105 Stat. 549) is
amended by striking "706" and inserting "721".
SEC. 108. "21 USC 379g note" ANIMAL DRUG USER FEE STUDY.
(a) STUDY. -- The Secretary, in consultation with manufacturers of
animal drug products and other interested persons, shall undertake a
study to evaluate whether, and under what conditions, to impose user
fees to supplement appropriated funds in order to improve the process of
reviewing applications (including abbreviated and supplemental
applications) for new animal drugs under section 512 of the Federal
Food, Drug, and Cosmetic Act. The study shall include --
(1) an assessment of the overall review process for animal
drugs at the Center for Veterinary Medicine, including the number
of applications received, and the average times for interim and
final decisions on each type of application,
(2) the current allocation of funds to the animal drug review
process,
(3) recommendations for goals for decision making times on
applications submitted to the Center for Veterinary Medicine and
for additional resources required to meet the goals, and
(4) recommendations for supplementing the resources for the
animal drug review process through user fees.
(b) COMPLETION. -- The results of the study required by subsection
(a) shall be presented no later than January 4, 1994, to the Committee
on Energy and Commerce of the House of Representatives and the Committee
on Labor and Human Resources of the Senate.
SEC. 201. "21 USC 301 note" SHORT TITLE.
This title may be cited as the "Dietary Supplement Act of 1992".
SEC. 202. "21 USC 343 note" PROHIBITION.
(a) IN GENERAL. --
(1) PROHIBITION ON IMPLEMENTATION. -- Notwithstanding any
other provision of law and except as provided in subsection (b)
and in the amendment made by paragraph (2)(A), the Secretary of
Health and Human Services may not implement the Nutrition Labeling
and Education Act of 1990 (Public Law 101-535; 104 Stat. 2353),
or any amendment made by such Act, earlier than December 15, 1993,
with respect to dietary supplements of vitamins, minerals, herbs,
or other similar nutritional substances.
(2) FEDERAL REGULATORY ACTION. --
(A) PROPOSED REGULATIONS. -- The first sentence of section
2(b)(1), and the first sentence of section 3(b)(1)(A), of the
Nutrition Labeling and Education Act of 1990 (21 U.S.C. 343 note)
are each amended by inserting before the period the following: ",
except that the Secretary shall issue, not later than June 15,
1993, proposed regulations that are applicable to dietary
supplements of vitamins, minerals, herbs, or other similar
nutritional substances to implement such section".
(B) FINAL REGULATIONS. --
(i) ISSUANCE OF FINAL REGULATIONS. -- The second sentence of
section 2(b)(1), and section 3(b)(1)(B), of the Nutrition Labeling
and Education Act of 1990 (21 U.S.C. 343 note) are each amended by
inserting before the period the following: ", except that the
Secretary shall issue, not later than December 31, 1993,
such a final regulation applicable to dietary supplements of
vitamins, minerals, herbs, or other similar nutritional
substances.".
(ii) REGULATIONS CONSIDERED TO BE FINAL. -- The first sentence
of section 2(b)(2), and the first sentence of section 3(b)(2), of
the Nutrition Labeling and Education Act of 1990 (21 U.S.C. 343
note) are each amended by inserting before the period the
following: ", except that the proposed regulations applicable to
dietary supplements of vitamins, minerals, herbs, or other similar
nutritional substances shall not be considered to be final
regulations until December 31, 1993".
(C) CONSTRUCTION. -- The amendments made by subparagraph (B)
"21 USC 343 note" shall not be construed to modify the effective
date of final regulations under sections 2(b) and 3(b) of the
Nutrition Labeling and Education Act of 1990 (21 U.S.C. 343 note)
with respect to foods that are not such dietary supplements.
(3) STATE ACTION. -- Section 10(a)(1)(C) of the Nutrition
Labeling and Education Act of 1990 (21 U.S.C. 343 note) is amended
by inserting before the comma the following: ", except that such
amendments shall take effect with respect to such dietary
supplements on December 31, 1993".
(4) PREEMPTION. -- Section 10(b) "21 USC 343-1 note" of the
Nutrition Labeling and Education Act of 1990 (21 U.S.C. 343 note)
is amended by adding at the end the following:
"(3) REQUIREMENTS PERTAINING TO CERTAIN CLAIMS. --
Notwithstanding subparagraphs (D) an (E) of paragraph (1) and
except with respect to claims approved in accordance with section
202(b) of the Dietary Supplement Act of 1992, the requirements
described in paragraphs (4) and (5) of section 403A(a) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)(4) and
(5)) that pertain to dietary supplements of vitamins, minerals,
herbs, or other similar nutritional substances shall not take
effect until the date final regulations take effect to implement
subsection (q) or (r), as appropriate, of section 403 of such Act
with respect to such dietary supplements.".
(b) HEALTH CLAIMS. -- Notwithstanding section 403(r)(5)(D) "21 USC
343 note" of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343(r)(5)(D)) and subsection (a), the Secretary of Health and Human
Services may, earlier than December 15, 1993, approve claims made with
respect to dietary supplements of vitamins, minerals, herbs, or other
similar nutritional substances that are claims described in clauses (vi)
and (x) of section 3(b)(1)(A) of the Nutrition Labeling and Education
Act of 1990 (21 U.S.C. 343 note).
SEC. 203. "21 USC 343 note" UNITED STATES RECOMMENDED DAILY
ALLOWANCES.
Notwithstanding any other provision of Federal law, no regulations
that require the use of, or are based upon, recommended daily allowances
of vitamins or minerals may be promulgated before November 8, 1993
(other than regulations establishing the United States recommended daily
allowances specified at section 101.9(c)(7)(iv) of title 21, Code of
Federal Regulations, as in effect on October 6, 1992, or regulations
under section 403(r)(1)(A) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 343(r)(1)(A)) that are based on such recommended daily
allowances).
SEC. 204. ENFORCEMENT REPORT.
(a) CONTENTS. -- The Secretary of Health and Human Services shall
prepare a report containing a statement of the enforcement priorities
and practices of the Food and Drug Administration under section 409 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348) with respect to
dietary supplements of vitamins, minerals, herbs, or other similar
nutritional substances.
(b) REPORT. -- Not later than 30 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit the
report described in subsection (a) to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Labor and
Human Resources of the Senate.
SEC. 205. "21 USC 393 note" MANAGEMENT ACTIVITIES STUDY.
(a) STUDY. -- The Comptroller General shall conduct a study of the
management of activities of the Food and Drug Administration that are
related to dietary supplements of vitamins, minerals, herbs, or other
similar nutritional substances.
(b) CONTENTS. -- In conducting the study, the Comptroller General
shall examine, with respect to such activities --
(1) the means by which the Food and Drug Administration makes a
determination that a substance poses a risk to public health and
safety that justifies the expenditure of resources by the agency;
(2) the means by which the Food and Drug Administration makes a
determination that a substance is adulterated, misbranded, or
improperly manufactured;
(3) the means by which the Food and Drug Administration makes a
determination relating to the quantitative management of the
agency response to specific issues, in order to adjust the efforts
of the agency to be commensurate with the severity of the problem
addressed by the agency;
(4) the approach by which the Food and Drug Administration
determines the adequacy of proof related to the risk posed by, or
the safety of, a substance, and the adequacy of such approach;
and
(5) the relationship between --
(A)(i) the number of hours devoted by Food and Drug
Administration personnel, and the expertise of such personnel, in
conducting such activities;
(ii) the cost of conducting such activities; and
(iii) the cost to manufacturers of such supplements to achieve
compliance with such activities; and
(B)(i) the level of risk suspected to be posed by such
supplements; and
(ii) the level of risk determined to be posed by such
supplements.
(c) APPROACH. -- In conducting the study, the Comptroller General
shall analyze the current practices of the Food and Drug Administration
and the practices of the agency within the 5 years prior to the date of
enactment of this Act.
(d) ANALYSIS. -- In conducting the study, the Comptroller General
shall --
(1) determine the relative proportion of resources devoted to
Food and Drug Administration regulatory and enforcement activities
that are related to --
(A) dietary supplements of vitamins, minerals, herbs, or other
similar nutritional substances;
(B) food additives that are not such dietary supplements;
(C) foods that are not such dietary supplements;
(D) drugs that are not such dietary supplements, and devices;
or
(E) cosmetics; and
(2) determine, with respect to such supplements, with respect
to food additives, and with respect to foods, the proportion of
the resources devoted to such regulatory and enforcement
activities that are used to --
(A) determine whether a substance is misbranded;
(B) determine whether an improper manufacturing practice
occurred during the manufacturing of a substance;
(C) determine whether a substance is unsafe; and
(D) determine whether a substance is adulterated or otherwise
in violation of the Federal Food, Drug, and Cosmetic Act (other
than by making a determination described in subparagraph (A), (B),
or (C)).
(e) REPORTS. --
(1) INTERIM REPORT. --
(A) IN GENERAL. -- Not later than 6 months after the date of
enactment of this Act, the Comptroller General shall prepare and
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Labor and Human Resources of
the Senate an interim report containing the findings resulting
from the study and the recommendations described in subparagraph
(B).
(B) RECOMMENDATIONS. -- Such report shall include the
recommendations of the Comptroller General for administrative
reform, including recommendations regarding opportunities for
encouraging economy and efficiency through the appropriate
targeting of problems, managing resources appropriately, and
making adequate determinations of risk or safety, in carrying out
activities related to such supplements.
(2) FINAL REPORT. --
(A) IN GENERAL. -- Not later than 12 months after the date of
enactment of this Act, the Comptroller General shall prepare and
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Labor and Human Resources of
the Senate a final report containing the findings resulting from
the study and the recommendations described in subparagraph (B).
(B) RECOMMENDATIONS. -- Such report shall contain the
recommendations described in paragraph (1)(B).
SEC. 206. SAFETY AND REGULATORY OUTCOMES STUDY.
(a) SAFETY STUDY. -- The Director of the Office of Technology
Assessment, in cooperation with the Congressional Research Service and
subject to the approval of the Technology Assessment Board, shall
conduct a study of the relationship between --
(1) regulatory systems affecting the development and sale of
dietary supplements of vitamins, minerals, herbs, or other similar
nutritional substances; and
(2) health outcomes.
(b) CONTENTS. --
(1) IN GENERAL. -- In carrying out the study, the Director of
the Office of Technology Assessment shall examine the efforts of
industrialized nations (including the United States) to regulate
the manufacture and sale of such dietary supplements and the
effect of the regulatory efforts on human health.
(2) INFORMATION. -- The study shall include information
regarding --
(A) whether and how other countries regulate products that are
regulated as such dietary supplements in the United States;
(B) the classification systems used in regulating such
products, such as systems that classify such supplements by
safety, function, source, usage, dose, or other characteristics;
(C) the effect of the classification on the regulation of the
supplements;
(D) how safety concerns, including safety concerns at the time
of manufacture and sale of the product are addressed by the
regulatory process;
(E) how deception concerns (including misbranding) are
addressed by the regulatory process; and
(F) the labeling requirements, if any, for the sale of the
products.
(3) ANALYSIS. -- The study shall also examine --
(A) whether there are disparate rates of morbidity and
mortality associated with the consumption of such dietary
supplements among nations;
(B) whether particular regulatory systems may be associated
with lower morbidity and mortality rates; and
(C) whether a causal relationship may be demonstrated between
the regulatory system used and the health outcomes of the
populations affected.
(c) REPORT. -- The Director of the Office of Technology Assessment
shall, not later than 6 months after the date on which the study is
approved by the Technology Assessment Board, submit a report containing
the findings of the study to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Labor and Human Resources
of the Senate.
Approved October 29, 1992.
LEGISLATIVE HISTORY -- H.R. 6181:
CONGRESSIONAL RECORD, Vol. 138 (1992): Oct. 5, considered and passed
House. Oct. 7, considered and passed Senate.
Public Law 102-570, 106 Stat. 4489
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "16 USC 668d note" INTERPRETIVE CENTER FOR THE RIDGEFIELD
NATIONAL WILDLIFE REFUGE.
(a) FINDINGS. -- The Congress finds the following:
(1) The Ridgefield National Wildlife Refuge (in this Act
referred to as the "Refuge"), located on the Columbia River in
southwest Washington, provides unique opportunities for observing
and interpreting the biological richness of the lower Columbia
River wetlands.
(2) The Refuge is also rich in the cultural history of the
Pacific Northwest, including being the site of a large Native
American settlement which was visited by the 1804 Lewis and Clark
Expedition and other early explorers.
(3) The Refuge is located in close proximity to the
Portland/Vancouver metropolitan area and to the Interstate 5
freeway, which carries millions of visitors past the Refuge to
Mount St. Helens, Mount Hood, the Columbia River Gorge, wilderness
areas, and other natural attractions.
(4) The Refuge is ideally suited to be a regional center for
interpretation, research, and education related to wetland
ecology, wildlife, the environmental sciences, and Northwest
cultural history. (5) There are unique opportunities for the
Federal Government to engage in cost-sharing with local, State,
and private partners to construct, operate, and maintain a
regional interpretive center at the Refuge.
(b) AUTHORITY TO CONSTRUCT AND OPERATE INTERPRETIVE CENTER. --
(1) IN GENERAL. -- The Secretary of the Interior may, subject
to the availability of appropriations, construct and operate an
interpretive center at the Ridgefield National Wildlife Refuge in
Clark County, Washington, for the following purposes:
(A) Providing public opportunities, facilities, and resources
to study natural history, Native American culture, and the history
of Northwest settlers in the region of the Refuge.
(B) Offering a variety of environmental educational programs
and interpretive exhibits.
(C) Fostering an awareness and understanding of the
interactions among wildlife, wetland ecosystems, and human
activities.
(D) Providing office space and facilities for Refuge
administration, research, education, and related activities.
(2) DESIGN. -- The Secretary of the Interior shall ensure that
the design, size, and location of any facilities for an
interpretive center constructed under this section are consistent
with the cultural and natural history of the area with which the
interpretive center will be concerned.
(c) COST SHARING. -- The Secretary of the Interior may accept
contributions of funds from non-Federal sources to pay the costs of
constructing, operating, and maintaining an interpretive center under
this section, and shall take appropriate steps to seek to obtain such
contributions.
(d) PUBLIC PROCESS. -- Not later than 1 year after the date of the
enactment of this Act, the Director of the United States Fish and
Wildlife Service shall engage in a public process to determine --
(1) the design of an interpretive center to be constructed
under this section;
(2) opportunities for obtaining contributions of funds for the
interpretive center;
(3) the costs of constructing, operating, and maintaining, the
interpretive center and associated facilities; and
(4) the functions of the interpretive center, with an emphasis
on educational functions.
(e) REPORT. -- Not later than 1 year after the date of the enactment
of this Act, the Secretary of the Interior shall submit a report to the
Congress on progress made in designing and constructing an interpretive
center under this section, on including steps taken under subsection (c)
to obtain contributions and any such contributions that have been
pledged to or received by the United States.
SEC. 2. ADDITIONAL MEMBERS OF TASK FORCE.
Section 4 of the Klamath River Basin Fishery Resources Restoration
Act (16 U.S.C. 460ss-3) is amended by adding at the end the following:
"(j) At such time as the program is expanded to include portions of
the Klamath River upstream from the Iron Gate dam, membership on the
Task Force shall be increased to include the following --
"(1) One individual who shall be appointed by the Commissioners
of Klamath County, Oregon.
"(2) A representative of the Klamath Tribe, who shall be
appointed by the governing body of the Tribe.".
Approved October 29, 1992.
LEGISLATIVE HISTORY -- H.R. 5809:
HOUSE REPORTS: No. 102-928 (Comm. on Merchant Marine and Fisheries).
CONGRESSIONAL RECORD, Vol. 138 (1992): Sept. 29, considered and
passed House. Oct. 7, considered and passed Senate.
Public Law 102-569, 106 Stat. 4344
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. "29 USC 701 note" SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE. -- This Act may be cited as the "Rehabilitation Act
Amendments of 1992".
(b) TABLE OF CONTENTS. -- The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 101. Findings and purpose.
Sec. 102. Definitions.
Sec. 103. Allotment percentage.
Sec. 104. Nonduplication.
Sec. 105. Administration of the Act.
Sec. 106. Reports.
Sec. 107. Evaluation.
Sec. 108. Review of applications.
Sec. 109. Carryover.
Sec. 110. Client assistance information.
Sec. 111. Traditionally underserved populations.
Sec. 121. Policy; authorization of appropriations.
Sec. 122. State plans.
Sec. 123. Determinations of eligibility and individualized written
rehabilitation program.
Sec. 124. Scope of vocational rehabilitation services.
Sec. 125. Non-Federal share for construction.
Sec. 126. State Rehabilitation Advisory Council.
Sec. 127. Evaluation.
Sec. 128. Monitoring and review.
Sec. 129. Expenditure of certain amounts.
Sec. 130. Training of employers with respect to Americans with
Disabilities Act of 1990.
Sec. 131. Reallotment.
Sec. 132. Payments to States.
Sec. 133. Client assistance program.
Sec. 134. Innovation and expansion grants.
Sec. 135. Study of needs of American Indians with handicaps.
Sec. 136. Review of data collection system.
Sec. 137. Exchange of data.
Sec. 138. Effective date.
Sec. 201. Declaration of purpose.
Sec. 202. Authorization of appropriations.
Sec. 203. National Institute on Disability and Rehabilitation
Research.
Sec. 204. Interagency committee.
Sec. 205. Research.
Sec. 206. Rehabilitation Research Advisory Council.
Sec. 301. Declaration of purpose; organization.
Sec. 302. Training.
Sec. 303. Community rehabilitation programs for individuals with
disabilities.
Sec. 304. Loan guarantees.
Sec. 305. Comprehensive rehabilitation centers.
Sec. 306. General grant and contract requirements.
Sec. 307. Authorization of appropriations for special projects and
supplementary services.
Sec. 308. Special demonstration programs.
Sec. 309. Migratory workers.
Sec. 310. Special recreational programs.
Sec. 401. Establishment of National Council on Disability.
Sec. 402. Duties of National Council.
Sec. 403. Compensation of National Council members.
Sec. 404. Staff of National Council.
Sec. 405. Administrative powers of National Council.
Sec. 406. Authorization of appropriations.
Sec. 501. Rights and advocacy.
Sec. 502. Effect on existing law.
Sec. 503. Employment of individuals with disabilities.
Sec. 504. References to the Architectural and Transportation
Barriers Compliance Board.
Sec. 505. Employment under Federal contracts.
Sec. 506. Nondiscrimination under Federal grants and programs.
Sec. 507. Secretarial responsibilities.
Sec. 508. Interagency Disability Coordinating Council.
Sec. 509. Electronic and information technology accessibility
guidelines.
Sec. 510. Protection and advocacy of individual rights.
Sec. 601. Pilot program.
Sec. 602. Treatment of personal assistance services costs.
Sec. 603. Definitions.
Sec. 604. Authorization of appropriations.
Sec. 611. Projects With Industry.
Sec. 612. Business opportunities for individuals with disabilities.
Sec. 613. Authorization of appropriations.
Sec. 621. Supported employment.
Sec. 701. Services and centers.
Sec. 702. Effective date.
Sec. 703. Independent living services for older individuals who are
blind.
Sec. 801. Special demonstrations and training projects.
Sec. 901. Congressional findings.
Sec. 902. Continued operation of Center.
Sec. 903. Audit, monitoring, and evaluation.
Sec. 904. Authorization of appropriations.
Sec. 905. Definitions.
Sec. 906. Construction of Act, effect on agreements.
Sec. 907. Establishment of a program.
Sec. 908. Technical and conforming amendments.
Sec. 911. Committee for Purchase From People Who Are Blind or
Severely Disabled.
Sec. 912. Individuals With Disabilities Education Act.
Sec. 913. Technology-Related Assistance for Individuals With
Disabilities Act of 1988.
Sec. 914. President's Committee on Employment of People With
Disabilities.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the
Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
SEC. 101. FINDINGS AND PURPOSE.
Section 2 (29 U.S.C. 701) is amended to read as follows:
"SEC. 2. (a) FINDINGS. -- Congress finds that --
"(1) millions of Americans have one or more physical or mental
disabilities and the number of Americans with such disabilities is
increasing;
"(2) individuals with disabilities constitute one of the most
disadvantaged groups in society;
"(3) disability is a natural part of the human experience and
in no way diminishes the right of individuals to --
"(A) live independently;
"(B) enjoy self-determination;
"(C) make choices;
"(D) contribute to society;
"(E) pursue meaningful careers; and
"(F) enjoy full inclusion and integration in the economic,
political, social, cultural, and educational mainstream of
American society;
"(4) increased employment of individuals with disabilities can
be achieved through the provision of individualized training,
independent living services, educational and support services, and
meaningful opportunities for employment in integrated work
settings through the provision of reasonable accommodations;
"(5) individuals with disabilities continually encounter
various forms of discrimination in such critical areas as
employment, housing, public accommodations, education,
transportation, communication, recreation, institutionalization,
health services, voting, and public services; and
"(6) the goals of the Nation properly include the goal of
providing individuals with disabilities with the tools necessary
to --
"(A) make informed choices and decisions; and
"(B) achieve equality of opportunity, full inclusion and
integration in society, employment, independent living, and
economic and social self-sufficiency, for such individuals.
"(b) PURPOSE. -- The purposes of this Act are --
"(1) to empower individuals with disabilities to maximize
employment, economic self-sufficiency, independence, and inclusion
and integration into society, through --
"(A) comprehensive and coordinated state-of-the-art programs of
vocational rehabilitation;
"(B) independent living centers and services;
"(C) research;
"(D) training;
"(E) demonstration projects; and
"(F) the guarantee of equal opportunity; and
"(2) to ensure that the Federal Government plays a leadership
role in promoting the employment of individuals with disabilities,
especially individuals with severe disabilities, and in assisting
States and providers of services in fulfilling the aspirations of
such individuals with disabilities for meaningful and gainful
employment and independent living.
"(c) POLICY. -- It is the policy of the United States that all
programs, projects, and activities receiving assistance under this Act
shall be carried out in a manner consistent with the principles of --
"(1) respect for individual dignity, personal responsibility,
self-determination, and pursuit of meaningful careers, based on
informed choice, of individuals with disabilities;
"(2) respect for the privacy, rights, and equal access
(including the use of accessible formats), of the individuals;
"(3) inclusion, integration, and full participation of the
individuals;
"(4) support for the involvement of a parent, a family member,
a guardian, an advocate, or an authorized representative if an
individual with a disability requests, desires, or needs such
support; and
"(5) support for individual and systemic advocacy and community
involvement.".
SEC. 102. DEFINITIONS.
(a) DESIGNATED STATE AGENCY. -- Section 7(3) (29 U.S.C. 706(3)) is
amended --
(1) by redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively; and
(2) by striking "(3)" and inserting the following:
"(3)(A) The term 'designated State agency' means an agency designated
under section 101(a)(1)(A).
(b) ESTABLISHMENT OF A COMMUNITY REHABILITATION PROGRAM. -- Section
7(4) (29 U.S.C. 706(4)) is amended --
(1) by striking "rehabilitation facility" each place the term
appears and inserting "community rehabilitation program";
(2) by striking "means" and inserting "includes"; and
(3) by striking "such facilities)" and inserting "facilities
for community rehabilitation programs)".
(c) EMPLOYMENT OUTCOME. -- Section 7(6) (29 U.S.C. 706(6)) is
amended to read as follows:
"(6) The term 'employment outcome' means, with respect to an
individual, entering or retaining full-time or, if appropriate,
part-time competitive employment in the integrated labor market
(including satisfying the vocational outcome of supported employment) or
satisfying any other vocational outcome the Secretary may determine,
consistent with this Act.".
(d) DRUG. -- Section 7 (29 U.S.C. 706) is amended --
(1) by striking paragraph (5);
(2) by redesignating paragraphs (4) and (6) as paragraphs (6)
and (5), respectively;
(3) by inserting paragraph (6) (as so redesignated by paragraph
(2) of this subsection) before paragraph (7);
(4) by redesignating paragraph (22) as paragraph (4); and
(5) by inserting paragraph (4) (as so redesignated by paragraph
(4) of this subsection) after paragraph (3).
(e) FEDERAL SHARE. -- Section 7(7) (29 U.S.C. 706(7)) is amended --
(1) in subparagraph (A), by striking "80 percent" and inserting
"78.7 percent";
(2) by striking subparagraph (B);
(3) by redesignating subparagraphs (C) and (D) as subparagraphs
(B) and (C), respectively; and
(4) in subparagraph (B) (as redesignated by paragraph (3) of
this subsection), by striking "section 301(b)(3)" each place the
term appears and inserting "section 111(a)(3)".
(f) INDIVIDUAL WITH DISABILITIES. -- Section 7(8) (29 U.S.C. 706(8))
is amended --
(1) in subparagraph (A) --
(A) by striking "handicaps" and inserting "a disability";
(B) in clause (i) --
(i) by striking "disability" and inserting "impairment"; and
(ii) by striking "handicap" and inserting "impediment"; and
(C) in clause (ii) --
(i) by striking "reasonably be expected to";
(ii) by striking "employability" and inserting "an employment
outcome"; and
(iii) by striking "titles I and III" and inserting "titles I,
II, III, VI, and VIII";
(2) in subparagraph (B) --
(A) by striking "(C) and (D)" and inserting "(C), (D), (E), and
(F)";
(B) by striking "handicaps" and inserting "a disability"; and
(C) by striking "titles IV and V" and inserting "sections 2,
14, and 15, and titles IV and V";
(3) in subparagraph (C) --
(A) in clause (i), by striking "handicaps" and inserting "a
disability";
(B) in clause (ii), by striking "handicaps" and inserting "a
disability";
(C) in clause (iv) --
(i) by striking "handicapped student" and inserting "student
who is an individual with a disability and"; and
(ii) by striking "nonhandicapped students" and inserting
"students who are not individuals with disabilities"; and
(D) in clause (v) by striking "handicaps" and inserting "a
disability"; and
(4) by adding at the end the following:
"(E) For the purposes of sections 501, 503 and 504 --
"(i) for purposes of the application of subparagraph (B) to
such sections, the term 'impairment' does not include
homosexuality or bisexuality; and
"(ii) therefore the term 'individual with a disability' does
not include an individual on the basis of homosexuality or
bisexuality.
"(F) For the purposes of sections 501, 503, and 504, the term
'individual with a disability' does not include an individual on the
basis of --
"(i) transvestism, transsexualism, pedophilia, exhibitionism,
voyeurism, gender identity disorders not resulting from physical
impairments, or other sexual behavior disorders;
"(ii) compulsive gambling, kleptomania, or pyromania; or
"(iii) psychoactive substance use disorders resulting from
current illegal use of drugs.".
(g) NONPROFIT. -- Section 7(10) (29 U.S.C. 706(10)) is amended by
striking "with respect to a rehabilitation facility, means a
rehabilitation facility owned and operated by" and inserting "with
respect to a community rehabilitation program, means a community
rehabilitation program carried out by".
(h) PERSONAL ASSISTANCE SERVICES. -- Section 7 (29 U.S.C. 706) is
amended --
(1) by striking paragraph (13);
(2) by redesignating paragraphs (11) and (12) as paragraphs
(12) and (13), respectively; and
(3) by inserting after paragraph (10) the following:
"(11) The term 'personal assistance services' means a range of
services, provided by one or more persons, designed to assist an
individual with a disability to perform daily living activities on or
off the job that the individual would typically perform if the
individual did not have a disability. Such services shall be designed
to increase the individual's control in life and ability to perform
everyday activities on or off the job.".
(i) REHABILITATION TECHNOLOGY. -- Section 7(13) (29 U.S.C. 706(13))
(as so redesignated by subsection (h)(2)) is amended --
(1) by striking "rehabilitation engineering" and inserting
"rehabilitation technology"; and
(2) by adding at the end the following: "The term includes
rehabilitation engineering, assistive technology devices, and
assistive technology services.".
(j) INDIVIDUAL WITH A SEVERE DISABILITY. -- Section 7(15) (29 U.S.C.
706(15)) is amended --
(1) in subparagraph (A) --
(A) by striking "subparagraph (B)" and inserting "subparagraph
(B) or (C)";
(B) in clause (i) --
(i) by striking "disability" and inserting "impairment"; and
(ii) by striking "employability" and inserting "an employment
outcome"; and
(C) in clause (iii), by striking "evaluation of rehabilitation
potential" and inserting "assessment for determining eligibility
and vocational rehabilitation needs described in subparagraphs (A)
and (C) of paragraph (22)"; and
(2) by striking subparagraph (B) and inserting the following:
"(B) For purposes of title VII, the term 'individual with a severe
disability' means an individual with a severe physical or mental
impairment whose ability to function independently in the family or
community or whose ability to obtain, maintain, or advance in employment
is substantially limited and for whom the delivery of independent living
services will improve the ability to function, continue functioning, or
move towards functioning independently in the family or community or to
continue in employment, respectively.
"(C) For purposes of section 13 and title II, the term 'individual
with a severe disability' includes an individual described in
subparagraph (A) or (B).".
(k) STATE. -- Section 7(16) (29 U.S.C. 706(16)) is amended to read
as follows:
"(16) The term 'State' includes, in addition to each of the several
States of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and the Republic of
Palau (until the Compact of Free Association with Palau takes effect).".
(l) SUPPORTED EMPLOYMENT. -- Section 7(18) (29 U.S.C. 706(18)) is
amended to read as follows:
"(18)(A) The term 'supported employment' means competitive work in
integrated work settings for individuals with the most severe
disabilities --
"(i)(I) for whom competitive employment has not traditionally
occurred; or
"(II) for whom competitive employment has been interrupted or
intermittent as a result of a severe disability; and
"(ii) who, because of the nature and severity of their
disability, need intensive supported employment services or
extended services in order to perform such work.
"(B) Such term includes transitional employment for persons who are
individuals with the most severe disabilities due to mental illness.".
(m) PUBLIC OR NONPROFIT. -- Section 7(19) (29 U.S.C. 706(19)) is
amended to read as follows:
"(19) The term 'public or nonprofit', with respect to an agency or
organization, includes an Indian tribe.".
(n) ADDITIONAL DEFINITIONS. -- Section 7 (29 U.S.C. 706) (as amended
by subsection (d)(4)) is amended by adding at the end the following new
paragraphs:
"(22) The term 'assessment for determining eligibility and vocational
rehabilitation needs' means, as appropriate in each case --
"(A)(i) a review of existing data --
"(I) to determine whether an individual is eligible for
vocational rehabilitation services; and
"(II) to assign the priority described in section 101(a)(5)(A)
in the States that use an order of selection pursuant to section
101(a)(5)(A); and
"(ii) to the extent additional data is necessary to make such
determination and assignment, a preliminary assessment of such
data (including the provision of goods and services during such
assessment);
"(B) to the extent additional data is necessary, a
comprehensive assessment (including the administration of the
assessment) of the unique strengths, resources, priorities,
interests, and needs, including the need for supported employment,
of an eligible individual to make a determination of the goals,
objectives, nature, and scope of vocational rehabilitation
services to be included in the individualized written
rehabilitation program of the individual, which comprehensive
assessment --
"(i) is limited to information that is necessary to identify
the rehabilitation needs of the individual and to develop the
rehabilitation program of the individual;
"(ii) uses, as a primary source of such information, to the
maximum extent possible and appropriate and in accordance with
confidentiality requirements --
"(I) existing information; and
"(II) such information as can be provided by the individual
and, where appropriate, by the family of the individual;
"(iii) may include, to the degree needed to make such a
determination, an assessment of the personality, interests,
interpersonal skills, intelligence and related functional
capacities, educational achievements, work experience, vocational
aptitudes, personal and social adjustments, and employment
opportunities of the individual, and the medical, psychiatric,
psychological, and other pertinent vocational, educational,
cultural, social, recreational, and environmental factors, that
affect the employment and rehabilitation needs of the individual;
and
"(iv) may include an appraisal of the patterns of work behavior
of the individual and services needed for the individual to
acquire occupational skills, and to develop work attitudes, work
habits, work tolerance, and social and behavior patterns necessary
for successful job performance, including the utilization of work
in real job situations to assess and develop the capacities of the
individual to perform adequately in a work environment; and
"(C)(i) referral;
"(ii) where appropriate, the provision of rehabilitation
technology services to an individual with a disability to assess
and develop the capacities of the individual to perform in a work
environment; and
"(iii)(I) the provision of vocational rehabilitation services
to an individual for a total period not in excess of 18 months for
the limited purpose of making determinations regarding whether an
individual is eligible for vocational rehabilitation services and
regarding the nature and scope of vocational rehabilitation
services needed for such individual; and
"(II) an assessment at least once in every 90-day period during
which such services are provided, of the results of the provision
of such services to an individual to ascertain whether any of the
determinations described in subclause (I) may be made.
"(23) The term 'assistive technology device' has the meaning given
such term in section 3(1) of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 (29 U.S.C. 2202(1)), except
that the reference in such section to the term 'individuals with
disabilities' shall be deemed to mean more than one individual with a
disability as defined in paragraph (8)(A).
"(24) The term 'assistive technology service' has the meaning given
such term in section 3(2) of the Technology-Related Assistance for
Individuals With Disabilities Act of 1988 (29 U.S.C. 2202(2)), except
that the reference in such section --
"(A) to the term 'individual with a disability' shall be deemed
to mean an individual with a disability, as defined in paragraph
(8)(A); and
"(B) to the term 'individuals with disabilities' shall be
deemed to mean more than one such individual.
"(25) The term 'community rehabilitation program' means a program
that provides directly or facilitates the provision of vocational
rehabilitation services to individuals with disabilities, and that
provides, singly or in combination, for an individual with a disability
to enable the individual to maximize opportunities for employment,
including career advancement --
"(A) medical, psychiatric, psychological, social, and
vocational services that are provided under one management;
"(B) testing, fitting, or training in the use of prosthetic and
orthotic devices;
"(C) recreational therapy;
"(D) physical and occupational therapy;
"(E) speech, language, and hearing therapy;
"(F) psychiatric, psychological, and social services, including
positive behavior management;
"(G) assessment for determining eligibility and vocational
rehabilitation needs;
"(H) rehabilitation technology;
"(I) job development, placement, and retention services;
"(J) evaluation or control of specific disabilities;
"(K) orientation and mobility services for individuals who are
blind;
"(L) extended employment;
"(M) psychosocial rehabilitation services;
"(N) supported employment services and extended services;
"(O) services to family members when necessary to the
vocational rehabilitation of the individual;
"(P) personal assistance services; or
"(Q) services similar to the services described in one of
subparagraphs (A) through (P).
"(26) The term 'disability' means --
"(A) except as otherwise provided in subparagraph (B), a
physical or mental impairment that constitutes or results in a
substantial impediment to employment; or
"(B) for purposes of sections 2, 14, and 15, and titles II,
III, IV, V, and VIII, a physical or mental impairment that
substantially limits one or more major life activities.
"(27) The term 'extended services' means ongoing support services and
other appropriate services, needed to support and maintain an individual
with the most severe disability in supported employment, that --
"(A) are provided singly or in combination and are organized
and made available in such a way as to assist an eligible
individual in maintaining integrated, competitive employment;
"(B) are based on a determination of the needs of an eligible
individual, as specified in an individualized written
rehabilitation program; and
"(C) are provided by a State agency, a nonprofit private
organization, employer, or any other appropriate resource, after
an individual has made the transition from support provided by the
designated State unit.
"(28)(A) The term 'impartial hearing officer' means an individual --
"(i) who is not an employee of a public agency (other than an
administrative law judge, hearing examiner, or employee of an
institution of higher education);
"(ii) who is not a member of the State Rehabilitation Advisory
Council described in section 105;
"(iii) who has not been involved in previous decisions
regarding the vocational rehabilitation of the applicant or
client;
"(iv) who has knowledge of the delivery of vocational
rehabilitation services, the State plan under section 101, and the
Federal and State rules governing the provision of such services
and training with respect to the performance of official duties;
and
"(v) who has no personal or financial interest that would be in
conflict with the objectivity of the individual.
"(B) An individual shall not be considered to be an employee of a
public agency for purposes of subparagraph (A)(i) solely because the
individual is paid by the agency to serve as a hearing officer.
"(29) The term 'independent living core services' means --
"(A) information and referral services;
"(B) independent living skills training;
"(C) peer counseling (including cross-disability peer
counseling); and
"(D) individual and systems advocacy.
"(30) The term 'independent living services' includes --
"(A) independent living core services; and
"(B)(i) counseling services, including psychological,
psychotherapeutic, and related services;
"(ii) services related to securing housing or shelter,
including services related to community group living, and
supportive of the purposes of this Act and of the titles of this
Act, and adaptive housing services (including appropriate
accommodations to and modifications of any space used to serve, or
occupied by, individuals with disabilities);
"(iii) rehabilitation technology;
"(iv) mobility training;
"(v) services and training for individuals with cognitive and
sensory disabilities, including life skills training, and
interpreter and reader services;
"(vi) personal assistance services, including attendant care
and the training of personnel providing such services;
"(vii) surveys, directories, and other activities to identify
appropriate housing, recreation opportunities, and accessible
transportation, and other support services;
"(viii) consumer information programs on rehabilitation and
independent living services available under this Act, especially
for minorities and other individuals with disabilities who have
traditionally been unserved or underserved by programs under this
Act;
"(ix) education and training necessary for living in a
community and participating in community activities;
"(x) supported living;
"(xi) transportation, including referral and assistance for
such transportation;
"(xii) physical rehabilitation;
"(xiii) therapeutic treatment;
"(xiv) provision of needed prostheses and other appliances and
devices;
"(xv) individual and group social and recreational services;
"(xvi) training to develop skills specifically designed for
youths who are individuals with disabilities to promote
self-awareness and esteem, develop advocacy and self-empowerment
skills, and explore career options;
"(xvii) services for children;
"(xviii) services under other Federal, State, or local programs
designed to provide resources, training, counseling, or other
assistance, of substantial benefit in enhancing the independence,
productivity, and quality of life of individuals with
disabilities;
"(xix) appropriate preventive services to decrease the need of
individuals assisted under this Act for similar services in the
future;
"(xx) community awareness programs to enhance the understanding
and integration into society of individuals with disabilities;
and
"(xxi) such other services as may be necessary and not
inconsistent with the provisions of this Act.
"(31)(A) The term 'individuals with disabilities' means more than one
individual with a disability.
"(B) The term 'individuals with severe disabilities' means more than
one individual with a severe disability.
"(C) The term 'individuals with the most severe disabilities' means
more than one individual with the most severe disability.
"(32) The term 'institution of higher education' has the meaning
given the term in section 1201(a) of the Higher Education Act of 1965
(20 U.S.C. 1141(a)).
"(33) The term 'ongoing support services' means services --
"(A) provided to individuals with the most severe disabilities;
"(B) provided, at a minimum, twice monthly --
"(i) to make an assessment, regarding the employment situation,
at the worksite of each such individual in supported employment,
or, under special circumstances, especially at the request of the
client, off site; and
"(ii) based on the assessment, to provide for the coordination
or provision of specific intensive services, at or away from the
worksite, that are needed to maintain employment stability; and
"(C) consisting of --
"(i) a particularized assessment supplementary to the
comprehensive assessment described in paragraph (22)(B);
"(ii) the provision of skilled job trainers who accompany the
individual for intensive job skill training at the work site;
"(iii) job development and placement;
"(iv) social skills training;
"(v) regular observation or supervision of the individual;
"(vi) followup services such as regular contact with the
employers, the individuals, the parents, family members,
guardians, advocates, or authorized representatives of the
individuals, and other suitable professional and informed
advisors, in order to reinforce and stabilize the job placement;
"(vii) facilitation of natural supports at the worksite;
"(viii) any other service identified in section 103; or
"(ix) a service similar to another service described in this
subparagraph.
"(34) The term 'supported employment services' means ongoing support
services and other appropriate services needed to support and maintain
an individual with the most severe disability in supported employment,
that --
"(A) are provided singly or in combination and are organized
and made available in such a way to assist an eligible individual
in entering or maintaining integrated, competitive employment;
"(B) are based on a determination of the needs of an eligible
individual, as specified in an individualized written
rehabilitation program; and
"(C) are provided by the designated State unit for a period of
time not to extend beyond 18 months, unless under special
circumstances the eligible individual and the rehabilitation
counselor or coordinator jointly agree to extend the time in order
to achieve the rehabilitation objectives identified in the
individualized written rehabilitation program.
"(35) The term 'transition services' means a coordinated set of
activities for a student, designed within an outcome-oriented process,
that promotes movement from school to post school activities, including
post secondary education, vocational training, integrated employment
(including supported employment), continuing and adult education, adult
services, independent living, or community participation. The
coordinated set of activities shall be based upon the individual
student's needs, taking into account the student's preferences and
interests, and shall include instruction, community experiences, the
development of employment and other post school adult living objectives,
and, when appropriate, acquisition of daily living skills and functional
vocational evaluation.".
(o) TECHNICAL AMENDMENT. -- Section 101 (29 U.S.C. 721) is amended
--
(1) by striking "clause" each place the term appears and
inserting "paragraph";
(2) by striking "subclause" each place the term appears and
inserting "subparagraph"; and
(3) by striking "clauses" and inserting "paragraphs".
(p) CONFORMING AMENDMENTS; INDIVIDUALS WITH DISABILITIES. --
(1) The title of the Act (29 U.S.C. 701 et seq.) is amended --
(A) by striking "those with the most severe handicaps" and
inserting "individuals with the most severe disabilities"; and
(B) by striking "individuals with handicaps" each place such
term appears and inserting "individuals with disabilities".
(2) The table of contents relating to the Act is amended --
(A) by striking the item relating to section 501 and inserting
the following:
"Sec. 501. Employment of individuals with disabilities.";
(B) by striking the item relating to the title heading for
title VI and inserting the following:
and
(C) by striking the item relating to the part heading for part
A of title VI and inserting the following:
(3) Section 7 (29 U.S.C. 706) is amended --
(A) in paragraph (13) (as so redesignated by subsection (h)(2))
by striking "handicaps" and inserting "disabilities";
(B) in paragraph (15)(A) --
(i) by striking "severe handicaps" and inserting "a severe
disability"; and
(ii) by striking "handicaps (as defined in paragraph (8))" and
inserting "a disability"; and
(C) in paragraph (17) by striking "handicaps" and inserting
"disabilities".
(4) The last sentence of section 13 (29 U.S.C. 712) is amended
by striking "handicaps" and inserting "disabilities".
(5) Section 14(a) (29 U.S.C. 713(a)) is amended by striking
"handicaps" and inserting "disabilities".
(6) Section 15 (29 U.S.C. 714) is amended --
(A) in subsections (a) and (b) by striking "handicaps" each
place such term appears and inserting "disabilities";
(B) in subsection (a)(2) by striking "handicapping conditions"
and inserting "disabilities"; and
(C) in subsection (c) by striking "the Handicapped" and
inserting "Individuals with Disabilities".
(7) Section 101(a) (29 U.S.C. 721(a)) is amended --
(A) in paragraph (1) --
(i) by striking "handicaps" each place such term appears and
inserting "disabilities";
(ii) in subparagraph (A)(i) --
(I) by striking "the blind" each place such term appears and
inserting "individuals who are blind"; and
(II) by striking "the adult blind" and inserting "adults who
are blind"; and
(iii) in subparagraph (B), by striking "the blind" and
inserting "individuals who are blind";
(B) in paragraph (2)(B) by striking "the blind" and inserting
"individuals who are blind";
(C) in paragraphs (2), (4), (5), (6), (10), (11), (12), (21),
and in the matter preceding paragraph (16), by striking
"handicaps" each place such term appears and inserting
"disabilities";
(D) in paragraph (9) by striking "handicaps" and inserting "a
disability";
(E) in paragraph (13)(B) by striking "with handicaps whose
handicapping conditions arises from a disability sustained" and
inserting "with a disability whose disability was sustained";
(F) in paragraph (20) --
(i) by striking "American Indians with handicaps" and inserting
"American Indians who are individuals with disabilities"; and
(ii) by striking "individuals with handicaps" and inserting
"individuals with disabilities"; and
(G) in paragraph (22) --
(i) by striking "the deaf" and inserting "individuals who are
deaf"; and
(ii) by striking "handicaps" and inserting "disabilities".
(8) Subsections (c) and (d) of section 102 (29 U.S.C. 722 (c)
and (d)) are amended by striking "handicaps" and inserting "a
disability".
(9) Section 103 (29 U.S.C. 723) is amended --
(A) in the matter preceding paragraph (1) in subsection (a),
and in subsection (b)(2), by striking "handicaps" and inserting "a
disability";
(B) except as provided in subparagraph (A), by striking
"handicaps" each place such term appears and inserting
"disabilities";
(C) in subsection (a) --
(i) in subparagraph (E) of paragraph (4), by striking
"suffering from" and inserting "with";
(ii) in paragraph (6), by striking "deaf individuals" and
inserting "individuals who are deaf"; and
(iii) in paragraph (8), by striking "the blind" and inserting
"individuals who are blind"; and
(D) in subsection (b)(4) --
(i) by striking "the blind" and inserting "individuals who are
blind"; and
(ii) by striking "the deaf" and inserting "individuals who are
deaf".
(10) Section 112 (29 U.S.C. 732) is amended by striking
"handicaps" each place such term appears and inserting
"disabilities".
(11) Section 130 (29 U.S.C. 750) is amended --
(A) in subsections (a) and (b)(1)(B) by striking "American
Indians with handicaps" and inserting "American Indians who are
individuals with disabilities"; and
(B) in subsection (b)(1)(B) by striking "individuals with
handicaps" and inserting "individuals with disabilities".
(12) Section 202 (29 U.S.C. 761a) is amended --
(A) by striking "handicaps" each place such term appears and
inserting "disabilities"; and
(B) in subsection (c)(1) by striking "the Handicapped" and
inserting "Disability".
(13) Subsections (b) and (c) of section 203 (29 U.S.C. 761b (b)
and (c)) are amended by striking "handicaps" each place such term
appears and inserting "disabilities".
(14) Section 204 (29 U.S.C. 762) is amended --
(A) in subsection (b) --
(i) in paragraph (4), by striking "individuals suffering from"
and inserting "individuals with";
(ii) in paragraph (8) --
(I) by striking "children with handicaps" and inserting
"children who are individuals with disabilities"; and
(II) by striking "American Indians with handicaps" and
inserting "American Indians who are individuals with
disabilities";
(iii) in paragraph (10), by striking "deaf individuals" and
inserting "individuals who are deaf"; and
(iv) in paragraph (11) --
(I) by striking "children with handicaps" and inserting
"children who are individuals with disabilities"; and
(II) by striking "children with severe handicaps" each place
such term appears and inserting "children who are individuals with
severe disabilities"; and
(B) except as provided in subparagraph (A), by striking
"handicaps" each place such term appears and inserting
"disabilities".
(15) Section 300 (29 U.S.C. 770) is amended --
(A) in paragraph (2) by striking "handicaps" and inserting
"disabilities"; and
(B) in paragraph (3) --
(i) by striking "individuals with handicaps" each place such
term appears and inserting "individuals with disabilities";
(ii) by striking "older blind individuals, and deaf
individuals" and inserting "older individuals who are blind, and
individuals who are deaf";
(iii) by striking "workers with handicaps" and inserting
"workers who are individuals with disabilities"; and
(iv) by striking "farmworkers with handicaps" and inserting
"farmworkers who are individuals with disabilities".
(16) Section 302 (29 U.S.C. 772) is amended --
(A) in the section heading, by striking "HANDICAPS" and
inserting "DISABILITIES"; and
(B) in subsections (b) and (c) by striking "handicaps" each
place such term appears and inserting "disabilities".
(17) Section 303(a) (29 U.S.C. 773(a)) is amended by striking
"handicaps" and inserting "disabilities".
(18) Section 304 (29 U.S.C. 774) is amended --
(A) by striking "handicaps" each place such term appears and
inserting "disabilities"; and
(B) in subsection (b)(2)(B), by striking "handicap" and
inserting "disability".
(19) Section 305(a) (29 U.S.C. 775(a)) is amended --
(A) in paragraph (1), by striking "handicaps" each place such
term appears and inserting "disabilities"; and
(B) in paragraph (2) by striking "the deaf" and inserting
"individuals who are deaf".
(20) Subsections (f) and (h) of section 306 (29 U.S.C. 776(f)
and (h)) are amended by striking "handicaps" each place such term
appears and inserting "disabilities".
(21) Section 311 (29 U.S.C. 777a) is amended --
(A) in subsection (a), by striking "handicaps" each place such
term appears and inserting "disabilities";
(B) in subsection (c)(1), by striking "with handicaps" and
inserting "who are individuals with disabilities";
(C) in subsection (d)(3), by striking "handicaps" and inserting
"disabilities"; and
(D) in subsection (e) --
(i) in paragraph (1), by striking "with severe handicaps" and
inserting "who are individuals with severe disabilities"; and
(ii) in paragraph (4)(B), by striking "youths with severe
handicaps and youths with mild handicaps" and inserting "youths
who are individuals with severe disabilities and other youths with
disabilities".
(22) Section 312 (29 U.S.C. 777b) is amended by striking
"handicaps" each place such term appears and inserting
"disabilities".
(23) Sector 314 (29 U.S.C. 777d) is amended --
(A) in the section heading, by striking "THE BLIND" and
inserting "INDIVIDUALS WHO ARE BLIND";
(B) in subsection (a)(1), by striking "blind persons" and
inserting "individuals who are blind and";
(C) in subsection (a)(2) --
(i) by striking "available to blind persons" and inserting
"available to individuals who are blind";
(ii) by striking "needs of blind persons" and inserting "needs
of such individuals"; and
(iii) by striking "to assist blind persons" and inserting "to
assist such individuals"; and
(D) in paragraphs (1), (2), (5), and (6) of subsection (c), by
striking "blind persons" and inserting "individuals who are
blind".
(24) Section 315 (29 U.S.C. 777e) is amended --
(A) in the section heading, by striking "THE DEAF" and
inserting "INDIVIDUALS WHO ARE DEAF";
(B) in subsection (a), by striking "deaf individuals" each
place such term appears and inserting "individuals who are deaf";
(C) in subsection (b)(1), by striking "to the maximum number of
deaf individuals feasible" and inserting "to the maximum feasible
number of individuals who are deaf";
(D) in subsection (c), by striking "deaf individuals" each
place such term appears and inserting "individuals who are deaf";
and
(E) in subsection (d), by striking "deaf individuals" and
inserting "individuals who are deaf and".
(25) Section 316(a)(1) (29 U.S.C. 777f(a)(1)) is amended --
(A) by striking "individuals with handicaps" each place such
term appears and inserting "individuals with disabilities"; and
(B) by striking "peers without handicaps" and inserting "peers
who are not individuals with disabilities".
(26) Section 400(a) (29 U.S.C. 780(a)) is amended by striking
"handicaps" each place such term appears and inserting
"disabilities".
(27) Section 401(a) (29 U.S.C. 781(a)) is amended --
(A) in paragraph (4), by striking "individuals with handicaps
and" each place such term appears; and
(B) in paragraphs (5), (6), and (7), by striking "handicaps"
each place such term appears and inserting "disabilities".
(28) Section 403(a)(1) (29 U.S.C. 783(a)(1)) is amended by
striking "handicaps" and inserting "disabilities".
(29) Section 501 (29 U.S.C. 791) is amended --
(A) in the section heading, by striking "HANDICAPS" and
inserting "DISABILITIES";
(B) in subsection (a), by striking "Handicapped Employees" and
inserting "Employees who are Individuals with Disabilities";
(C) in subsections (a), (b), (c), (d), and (f), by striking
"individuals with handicaps" each place such term appears and
inserting "individuals with disabilities"; and
(D) in subsection (b), by striking "employees with handicaps"
and inserting "employees who are individuals with disabilities".
(30) Subsections (a), (c), (g), and (h) of section 502 (29
U.S.C. 792(a), (c), (g), and (h)) are amended by striking
"handicaps" each place such term appears and inserting
"disabilities".
(31) Section 503 (29 U.S.C. 793) is amended --
(A) in subsection (a), by striking "handicaps as defined in
section 7(8)" and inserting "disabilities"; and
(B) in subsection (b) --
(i) by striking "individual with handicaps" and inserting
"individual with a disability"; and
(ii) by striking "individuals with handicaps" each place such
term appears and inserting "individuals with disabilities".
(32) Section 504 (29 U.S.C. 794) is amended in subsection (a)
--
(A) by striking "handicaps" and inserting "a disability"; and
(B) by striking "handicap" and inserting "disability".
(33) Title VI is amended in the title heading by striking
"HANDICAPS" and inserting "DISABILITIES".
(34) Section 601 (29 U.S.C. 701 note) is amended by striking
"Handicaps" and inserting "Disabilities".
(35) Part A of title VI is amended in the part heading, by
striking "HANDICAPS" and inserting "DISABILITIES".
(36) Subsections (a) and (b) of section 611 (29 U.S.C. 795(a)
and (b)) are amended by striking "handicaps" each place such term
appears and inserting "disabilities".
(37) Section 615(a)(1) (29 U.S.C. 795d(a)(1)) is amended by
striking "handicaps" and inserting "disabilities".
(38) Section 616(2) (29 U.S.C. 795e(2)) is amended, by striking
"handicaps" and inserting "disabilities".
(39) Section 622 (29 U.S.C. 795h) is amended --
(A) in the section heading, by striking "HANDICAPS" and
inserting "DISABILITIES"; and
(B) by striking "handicaps" and inserting "disabilities".
SEC. 103. ALLOTMENT PERCENTAGE.
Section 8(a)(1) (29 U.S.C. 707(a)(1) is amended --
(1) by striking "The" and inserting "For purposes of section
110, the"; and
(2) by striking "and the Trust Territory of the Pacific
Islands" and inserting "and the Republic of Palau (until the
Compact of Free Association with Palau takes effect)".
SEC. 104. NONDUPLICATION.
The second sentence of section 10 (29 U.S.C. 709) is amended by
striking "rehabilitation facilities" and inserting "community
rehabilitation programs".
SEC. 105. ADMINISTRATION OF THE ACT.
(a) TRAINING. -- Section 12(a)(2) (29 U.S.C. 711(a)(2)) is amended
by inserting before the semicolon the following: ", including training
for the personnel of community rehabilitation programs, centers for
independent living, and other providers of services (including job
coaches)".
(b) ISSUANCE OF REGULATIONS. -- Section 12 (29 U.S.C. 711) is
amended --
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following:
"(d) The Secretary shall promulgate regulations regarding the
requirements for the implementation of an order of selection for
vocational rehabilitation services under section 101(a)(5)(A) if such
services cannot be provided to all eligible individuals with
disabilities who apply for such services.
"(e)(1) Not later than 120 days after the date of the enactment of
the Rehabilitation Act Amendments of 1992, the Secretary shall receive
public comment and promulgate regulations establishing criteria
pertaining to the selection of vocational rehabilitation services, and
of vocational rehabilitation services providers, by an individual with a
disability, consistent with the individualized written rehabilitation
program of the individual under section 102.
"(2) Regulations under paragraph (1) shall include the following:
"(A) Procedures that States must adopt to ensure that the
services provided under this Act are of sufficient scope and
quality, that the costs of such services and the length of time
such services are provided are reasonable, and that such services
are available in a timely manner.
"(B) Procedures that prevent fraud, waste, and abuse.
"(C) Procedures to assure that services are provided in the
most integrated settings.
"(D) Procedures to assure that rehabilitation providers comply
with State guarantees, such as --
"(i) affirmative action procedures with respect to the
employment of individuals with disabilities;
"(ii) standards governing community rehabilitation programs and
qualified personnel utilized for the provision of vocational
rehabilitation services; and
"(iii) minimum standards to ensure the availability of
personnel, to the maximum extent feasible, trained to communicate
in the native language or mode of communication of the client.
"(E) Standards to be adhered to by providers to help ensure the
integrity of services.
"(F) Guidelines for assisting individuals with disabilities and
for providing information about available vocational
rehabilitation service providers, especially for assisting --
"(i) individuals with cognitive and other disabilities who, due
to the nature of the disability, require support and assistance in
fully implementing the selection and procurement of services; and
"(ii) the parents, family members, guardians, advocates, or
authorized representatives of the individuals.".
SEC. 106. REPORTS.
The fourth sentence of section 13 (29 U.S.C. 712) is amended by
inserting "including types of rehabilitation technology services
provided," after "types of services provided,".
SEC. 107. EVALUATION.
Section 14 (29 U.S.C. 713) is amended --
(1)(A) by striking "Commissioner" the first place such term
appears and inserting "Secretary, in consultation with the
Commissioner,"; and
(B) except as provided in subparagraph (A), by striking
"Commissioner" each place such term appears and inserting
"Secretary";
(2) in the third sentence of subsection (a) --
(A) by striking "program and" and inserting "program,";
(B) by striking "and the characteristics" and inserting", the
characteristics"; and
(C) by inserting before the period ", and the employment
outcomes to be attained";
(3) in subsection (b) by striking "shall," and all that follows
through "obtain" and inserting "shall obtain"; and
(4)(A) by redesignating subsection (f) as subsection (g); and
(B) by inserting after subsection (e) the following subsection:
"(f)(1) To assess the linkages between vocational rehabilitation
services and economic and noneconomic outcomes, the Secretary shall
continue to conduct a longitudinal study of a national sample of
applicants for the services.
"(2) The study shall address factors related to attrition and
completion of the program through which the services are provided and
factors within and outside the program affecting results. Appropriate
comparisons shall be used to contrast the experiences of similar persons
who do not obtain the services.
"(3) The study shall be planned to cover the period beginning on the
application of the individuals for the services, through the eligibility
determination and provision of services for the individuals, and a
further period of not less than 2 years after the termination of
services".
SEC. 108. REVIEW OF APPLICATIONS.
(a) TRANSFERS. -- Section 16(b) (29 U.S.C. 715(b)) is amended by
striking "one-half of".
(b) COMPENSATION. -- Section 18 (29 U.S.C. 717) is amended by
striking "the rate provided for grade GS-18 of the General Schedule
under section 5332" and inserting "the daily equivalent of the rate of
pay for level 4 of the Senior Executive Service Schedule under section
5382".
SEC. 109. CARRYOVER.
(a) IN GENERAL. -- The Act is amended by inserting after section 18
(29 U.S.C. 717) the following new section:
"SEC. 19. CARRYOVER.
"(a) IN GENERAL. -- Except as provided in subsection (b), and
notwithstanding any other provision of law, any funds appropriated for a
fiscal year to carry out any grant program under part B or C of title I,
section 509, part C of title VI, or part B or C of chapter 1 of title
VII, that are not obligated and expended by recipients prior to the
beginning of the succeeding fiscal year shall remain available for
obligation and expenditure by such recipients during such succeeding
fiscal year.
"(b) NON-FEDERAL SHARE. -- Such funds shall remain available for
obligation and expenditure by a recipient as provided in subsection (a)
only to the extent that the recipient complied with any Federal share
requirements applicable to the program for the fiscal year for which the
funds were appropriated.".
(b) TECHNICAL AMENDMENT. -- The table of contents relating to the
Act is amended by inserting after the item relating to section 18 the
following:
"Sec. 19. Carryover.".
SEC. 110. CLIENT ASSISTANCE INFORMATION.
(a) IN GENERAL. -- The Act is amended by inserting after section 19
(as added by section 109(a)) the following new section:
"SEC. 20. "29 USC 718a" CLIENT ASSISTANCE INFORMATION.
"All programs, including community rehabilitation programs, and
projects, that provide services to individuals with disabilities under
this Act shall advise such individuals, or the parents, family members,
guardians, advocates, or authorized representatives of the individuals,
of the availability and purposes of the client assistance program under
section 112, including information on means of seeking assistance under
such program.".
(b) TECHNICAL AMENDMENT. -- The table of contents relating to the
Act is amended by inserting after the item relating to section 19 (as
added by section 109(b)) the following:
"Sec. 20. Client assistance information.".
SEC. 111. TRADITIONALLY UNDERSERVED POPULATIONS.
(a) IN GENERAL. -- The Act is amended by inserting after section 20
(as added by section 110(a)) the following section:
"SEC. 21. "29 USC 718b" TRADITIONALLY UNDERSERVED POPULATIONS.
"(a) FINDINGS. -- With respect to the programs authorized in titles
II through VIII, the Congress finds as follows:
"(1) RACIAL PROFILE. -- The racial profile of America is
rapidly changing. While the rate of increase for white Americans
is 3.2 percent, the rate of increase for racial and ethnic
minorities is much higher: 38.6 percent for Latinos, 14.6 percent
for African-Americans, and 40.1 percent for Asian-Americans and
other ethnic groups. By the year 2000, the Nation will have
260,000,000 people, one of every three of whom will be either
African-American, Latino, or Asian-American.
"(2) RATE OF DISABILITY. -- Ethnic and racial minorities tend
to have disabling conditions at a disproportionately high rate.
The rate of work-related disability for American Indians is about
one and one-half times that of the general population.
African-Americans are also one and one-half times more likely to
be disabled than whites and twice as likely to be severely
disabled.
"(3) INEQUITABLE TREATMENT. -- Patterns of inequitable
treatment of minorities have been documented in all major
junctures of the vocational rehabilitation process. As compared
to white Americans, a larger percentage of African-American
applicants to the vocational rehabilitation system is denied
acceptance. Of applicants accepted for service, a larger
percentage of African-American cases is closed without being
rehabilitated. Minorities are provided less training than their
white counterparts. Consistently, less money is spent on
minorities than on their white counterparts.
"(4) RECRUITMENT. -- Recruitment efforts within vocational
rehabilitation at the level of pre-service training, continuing
education, and in-service training must focus on bringing larger
numbers of minorities into the profession in order to provide
appropriate practitioner knowledge, role models, and sufficient
manpower to address the clearly changing demography of vocational
rehabilitation.
"(b) OUTREACH TO MINORITIES. --
"(1) POLICY. -- The Commissioner shall develop a policy to
mobilize the resources of the Nation to prepare minorities for
careers in vocational rehabilitation, independent living, and
related services.
"(2) FOCUS. -- This policy shall focus on --
"(A) the recruitment of minorities into the field of vocational
rehabilitation counseling and related disciplines; and
"(B) financially assisting Historically Black Colleges and
Universities, Hispanic-serving institutions of higher education,
and other institutions of higher education whose minority
enrollment is at least 50 percent to prepare students for
vocational rehabilitation and related service careers.
"(3) PLAN. --
"(A) DEVELOPMENT. -- The Commissioner shall develop a plan to
provide outreach services and other related activities (such as
cooperative efforts) to the entities described in subparagraph (B)
in order to enhance the capacity and increase the participation of
such entities in competitions for grants, contracts, and
cooperative agreements under titles I through VIII.
"(B) ENTITIES. -- The entities referred to in subparagraph (A)
are --
"(i) Historically Black Colleges and Universities,
Hispanic-serving institutions of higher education, and other
institutions of higher education whose minority student enrollment
is at least 50 percent;
"(ii) nonprofit and for-profit agencies at least 51 percent
owned or controlled by one or more minority individuals; and
"(iii) underrepresented populations.
"(C) FUNDING. -- For the purpose of implementing the plan
required in subparagraph (A), the Commissioner shall, for each of
the fiscal years 1993 through 1997, expend 1 percent of the funds
appropriated for the fiscal year involved for carrying out
programs authorized in titles II through VIII of this Act, except
programs authorized under title IV or V.
"(3) EFFORT. -- The Commissioner shall exercise the utmost
authority, resourcefulness, and diligence to meet the requirements
of this section.
"(4) REPORT. --
"(A) IN GENERAL. -- Not later than January 31 of each year,
starting with fiscal year 1994, the Commissioner shall prepare and
submit to Congress a final report on the progress toward meeting
the goals of this section during the preceding fiscal year.
"(B) CONTENTS. -- The report shall include --
"(i) a full explanation of any progress toward meeting the
goals of this section; and
"(ii) a plan to meet the goals, if necessary.
"(5) DEMONSTRATION. -- In awarding grants, contracts, or
cooperative agreements under titles I, II, III, VI, VII, and VIII,
and section 509, the Commissioner and the Director of the National
Institute on Disability and Rehabilitation Research, where
appropriate, shall require applicants to demonstrate how they will
address, in whole or in part, the needs of individuals with
disabilities from minority backgrounds.".
(b) TECHNICAL AMENDMENT. -- The table of contents relating to the
Act is amended by inserting after the item relating to section 20 (as
added by section 110(b)) the following item:
"Sec. 21. Traditionally underserved populations.".
SEC. 121. POLICY; AUTHORIZATION OF APPROPRIATIONS.
(a) FINDINGS; PURPOSE; POLICY. -- Section 100 (29 U.S.C. 720) is
amended --
(1) in the section heading, by striking "PURPOSE" and inserting
"POLICY"; and
(2) by striking subsection (a) and inserting the following:
"(a)(1) Congress finds that --
"(A) work --
"(i) is a valued activity, both for individuals and society;
and
"(ii) fulfills the need of an individual to be productive,
promotes independence, enhances self-esteem, and allows for
participation in the mainstream of life in America;
"(B) as a group, individuals with disabilities experience
staggering levels of unemployment and poverty;
"(C) individuals with disabilities, including individuals with
the most severe disabilities, have demonstrated their ability to
achieve gainful employment in integrated settings if appropriate
services and supports are provided;
"(D) reasons for the significant number of individuals with
disabilities not working, or working at a level not commensurate
with their abilities and capabilities, include --
"(i) discrimination;
"(ii) lack of accessible and available transportation;
"(iii) fear of losing health coverage under the medicare and
medicaid programs under titles XVIII and XIX of the Social
Security Act (42 U.S.C. 1395 et seq. and 1396 et seq.) or fear of
losing existing private health insurance; and
"(iv) lack of education, training, and supports to meet job
qualification standards necessary to enter or retain or advance in
employment;
"(E) enforcement of title V and of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) holds the
promise of ending discrimination for individuals with
disabilities; and
"(F) the provision of vocational rehabilitation services can
enable individuals with disabilities, including individuals with
the most severe disabilities, to pursue meaningful careers by
securing gainful employment commensurate with their abilities and
capabilities.
"(2) The purpose of this title is to assist States in operating
a comprehensive, coordinated, effective, efficient, and
accountable program of vocational rehabilitation that is designed
to assess, plan, develop, and provide vocational rehabilitation
services for individuals with disabilities, consistent with their
strengths, resources, priorities, concerns, abilities, and
capabilities, so that such individuals may prepare for and engage
in gainful employment.
"(3) It is the policy of the United States that such a program
shall be carried out in a manner consistent with the following
principles:
"(A) Individuals with disabilities, including individuals with
the most severe disabilities, are generally presumed to be capable
of engaging in gainful employment and the provision of
individualized vocational rehabilitation services can improve
their ability to become gainfully employed.
"(B) Individuals with disabilities must be provided the
opportunities to obtain gainful employment in integrated settings.
"(C) Individuals with disabilities must be active participants
in their own rehabilitation programs, including making meaningful
and informed choices about the selection of their vocational goals
and objectives and the vocational rehabilitation services they
receive.
"(D) Families and natural supports can play an important role
in the success of a vocational rehabilitation program, if the
individual with a disability requests, desires, or needs such
supports.
"(E) Qualified vocational rehabilitation counselors, other
qualified rehabilitation personnel, and other qualified personnel
facilitate the accomplishment of the employment goals and
objectives of an individual.
"(F) Individuals with disabilities and their advocates are full
partners in the vocational rehabilitation program and must be
involved on a regular basis and in a meaningful manner with
respect to policy development and implementation.
"(G) Accountability measures must facilitate and not impede the
accomplishment of the goals and objectives of the program,
including providing vocational rehabilitation services to, among
others, individuals with the most severe disabilities.".
(b) REAUTHORIZATION. -- Section 100 (29 U.S.C. 720) is amended --
(1) by amending subsection (b) to read as follows:
"(b)(1) For the purpose of making grants to States under part B
(other than grants under section 112) to assist States in meeting the
costs of vocational rehabilitation services provided in accordance with
State plans under section 101, there are authorized to be appropriated
such sums as may be necessary for fiscal years 1993 through 1997, except
that the amount to be appropriated for a fiscal year shall not be less
than the amount of the appropriation under this subsection for the
immediately preceding fiscal year, plus the amount of the Consumer Price
Index addition determined under subsection (c) for the immediately
preceding fiscal year.
"(2) There are authorized to be appropriated to carry out part C such
sums as may be necessary for fiscal years 1993 through 1997.";
(2) in subparagraphs (A) and (B) of subsection (c)(2), by
striking "authorized to be appropriated under subsection (b)(1)
for the subsequent fiscal year is the amount authorized to be"
each place the term appears and inserting "to be appropriated
under subsection (b) for the subsequent fiscal year shall be at
least the amount"; and
(3) in subsection (d)(1)(B) --
(A) by striking "1992" the first place the term appears and
inserting "1997"; and
(B) by striking "or the amount authorized to be appropriated
for such program for fiscal year 1992, whichever is higher,".
(c) TABLE OF CONTENTS. -- The table of contents relating to the Act
is amended by striking the item relating to section 100 and inserting
the following:
"Sec. 100. Declaration of policy; authorization of
appropriations.".
SEC. 122. STATE PLANS.
(a) PERIOD. -- The first sentence of section 101(a) (29 U.S.C.
721(a)) is amended by striking "for a three-year period" and all that
follows and inserting the following: "for a 3-year period, or shall
submit the plan on such date, and at such regular intervals, as the
Secretary may determine to be appropriate to coincide with the intervals
at which the State submits State plans under other Federal laws, such as
part B of the Individuals with Disabilities Education Act (20 U.S.C.
1411 et seq.). In order to be eligible to participate in programs under
this title, a State, upon the request of the Commissioner, shall make
such annual revisions in the plan as may be necessary.".
(b) STATE AGENCY. -- Section 101(a)(1)(A) (29 U.S.C. 721(a)(1)(A))
is amended --
(1) by striking "and" at the end of clause (i); and
(2) by inserting before the semicolon at the end the following:
", and (iii) in the case of American Samoa, the appropriate State
agency shall be the Governor of American Samoa".
(c) PLANS; POLICIES; METHODS. -- Section 101(a)(5) (29 U.S.C.
721(a)(5)) is amended --
(1) in subparagraph (A) --
(A) by striking "existing rehabilitation facilities to the
maximum extent feasible;" and inserting "community rehabilitation
programs to the maximum extent feasible, an explanation of the
methods by which the State will provide vocational rehabilitation
services to all individuals with disabilities within the State who
are eligible for such services,"; and
(B) in clause (ii), by inserting before "and shall be
consistent" the following: "in accordance with criteria
established by the State,";
(2) in subparagraph (B), by inserting before the semicolon the
following: ", including the use of funds under part C of title VI
to supplement funds under part B of this title to pay for the cost
of services leading to supported employment"; and
(3) by striking subparagraph (C) and inserting the following:
"(C) describe --
"(i) how a broad range of rehabilitation technology services
will be provided at each stage of the rehabilitation process;
"(ii) how a broad range of such rehabilitation technology
services will be provided on a statewide basis; and
"(iii) the training that will be provided to vocational
rehabilitation counselors, client assistance personnel, and other
related services personnel;".
(d) PROGRAM COMPLIANCE. -- Section 101(a)(6)(B) (29 U.S.C.
721(a)(6)(B)) is amended by inserting before the semicolon at the end
the following: ", with section 504 of this Act, and with the Americans
with Disabilities Act of 1990".
(e) PERSONNEL. -- Section 101(a)(7) (29 U.S.C. 721(a)(7)) is amended
to read as follows:
"(7)(A) include a description (consistent with the purposes of this
Act) of a comprehensive system of personnel development, which shall
include --
"(i) a description of the procedures and activities the State
agency will undertake to ensure an adequate supply of qualified
State rehabilitation professionals and paraprofessionals for the
designated State unit, including the development and maintenance
of a system for determining, on an annual basis --
"(I) the number and type of personnel that are employed by the
State agency in the provision of vocational rehabilitation
services, including ratios of counselors to clients; and
"(II) the number and type of personnel needed by the State, and
a projection of the numbers of such personnel that will be needed
in 5 years, based on projections of the number of individuals to
be served, the number of such personnel who are expected to retire
or leave the field, and other relevant factors;
"(ii) where appropriate, a description of the manner in which
activities will be undertaken through this section to coordinate
the system of personnel development with personnel development
under the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.);
"(iii) a description of the development and maintenance of a
system of determining, on an annual basis, information on the
institutions of higher education within the State that are
preparing rehabilitation professionals, including --
"(I) the numbers of students enrolled in such programs; and
"(II) the number who graduated with certification or licensure,
or with credentials to qualify for certification or licensure,
during the past year;
"(iv) a description of the development, updating, and
implementation of a plan that --
"(I) will address the current and projected vocational
rehabilitation services personnel training needs for the
designated State unit; and
"(II) provides for the coordination and facilitation of efforts
between the designated State unit and institutions of higher
education (as defined in section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a)) and professional associations to
recruit, prepare and retain qualified personnel, including
personnel from minority backgrounds, and personnel who are
individuals with disabilities; and
"(v) a description of the procedures and activities the State
agency will undertake to ensure that all personnel employed by the
designated State unit are appropriately and adequately trained and
prepared, including --
"(I) a system for the continuing education of rehabilitation
professionals and paraprofessionals within the designated State
unit, particularly with respect to rehabilitation technology; and
"(II) procedures for acquiring and disseminating to
rehabilitation professionals and paraprofessionals within the
designated State unit significant knowledge from research and
other sources, including procedures for providing training
regarding the amendments to the Rehabilitation Act of 1973 made by
the Rehabilitation Act Amendments of 1992;
"(B) set forth policies and procedures relating to the establishment
and maintenance of standards to ensure that personnel, including
professionals and paraprofessionals, needed within the State agency to
carry out this part are appropriately and adequately prepared and
trained, including --
"(i) the establishment and maintenance of standards that are
consistent with any national or State approved or recognized
certification, licensing, registration, or other comparable
requirements that apply to the area in which such personnel are
providing vocational rehabilitation services; and
"(ii) to the extent such standards are not based on the highest
requirements in the State applicable to a specific profession or
discipline, the steps the State is taking to require the
retraining or hiring of personnel within the designated State unit
that meet appropriate professional requirements in the State; and
"(C) contain provisions relating to the establishment and
maintenance of minimum standards to ensure the availability of
personnel within the designated State unit, to the maximum extent
feasible, trained to communicate in the native language or mode of
communication of the client;".
(f) AVAILABILITY OF COMPARABLE SERVICES AND BENEFITS. -- Section
101(a)(8) (29 U.S.C. 721(a)(8)) is amended by striking "except that" and
all that follows and inserting "except that such a determination shall
not be required --
"(A) if the determination would delay the provision of such
services to any individual at extreme medical risk; or
"(B) prior to the provision of such services if an immediate
job placement would be lost due to a delay in the provision of
such comparable benefits;".
(g) USE OF EXISTING INFORMATION. -- Section 101(a)(9) (29 U.S.C.
721(a)(9)) is amended --
(1) by redesignating subparagraphs (A) through (C) as
subparagraphs (B) through (D), respectively;
(2) by striking "(9) provide that" and inserting "(9) provide
that --
"(A) to the maximum extent appropriate, and consistent with the
requirements of this Act, existing information available from
other programs and providers (particularly information used by
education officials and the Social Security Administration) and
information that can be provided by the individual with a
disability or the family of the individual shall be used for
purposes of determining eligibility for vocational rehabilitation
services and for choosing rehabilitation goals, objectives, and
services;";
(3) in subparagraphs (B), (C), and (D) (as so redesignated by
paragraph (1) of this subsection), by indenting the subparagraphs
to the same measure as subparagraph (A); and
(4) in subparagraphs (B) and (C) (as so redesignated), by
striking the comma at the end and inserting a semicolon.
(h) REPORTS. -- Section 101(a)(10) (29 U.S.C. 721(a)(10)) is amended
--
(1) by inserting "(A)" after the paragraph designation;
(2) in subparagraph (A) (as so designated by paragraph (1) of
this subsection), by adding "and" after the semicolon at the end;
and
(3) by adding at the end the following subparagraph:
"(B) provide that reports under subparagraph (A) will include
information on --
"(i) the number of such individuals who are evaluated and the
number rehabilitated;
"(ii) the costs of administration, counseling, provision of
direct services, development of community rehabilitation programs,
and other functions carried out under this Act; and
"(iii) the utilization by such individuals of other programs
pursuant to paragraph (11);".
(i) INTERAGENCY COOPERATION. -- Section 101(a)(11) (29 U.S.C.
721(a)(11)) is amended --
(1) by striking "(11) provide for entering into cooperative
arrangements" and inserting "(11)(A) provide for interagency
cooperation";
(2) in subparagraph (A) (as so designated by paragraph (1) of
this subsection) by striking ", and the Carl D. Perkins Vocational
Education Act);" and inserting "(20 U.S.C. 1400 et seq.), the Carl
D. Perkins Vocational and Applied Technology Education Act (20
U.S.C. 2301 et seq.), and the Act entitled 'An Act to create a
Committee on Purchases of Blind-made Products, and for other
purposes', approved June 25, 1938 (commonly known as the
Wagner-O'Day Act; 41 U.S.C. 46 et seq.);"; and
(3) by adding at the end the following:
"(B) provide that cooperation under subparagraph (A) shall include,
to the extent practicable, means for providing training to staff of the
agencies described in subparagraph (A) as to the availability and
benefits of, and eligibility standards for, vocational rehabilitation
services, in order to enhance the opportunity of individuals receiving
the services described in subparagraph (A) to obtain vocational
rehabilitation services; and
"(C) in providing for interagency cooperation under subparagraph (A),
provide for such cooperation by means including, if appropriate --
"(i) establishing interagency working groups; and
"(ii) entering into formal interagency cooperative agreements
that --
"(I) identify policies, practices, and procedures that can be
coordinated among the agencies (particularly definitions,
standards for eligibility, the joint sharing and use of
evaluations and assessments, and procedures for making referrals);
"(II) identify available resources and define the financial
responsibility of each agency for paying for necessary services
(consistent with State law) and procedures for resolving disputes
between agencies; and
"(III) include all additional components necessary to ensure
meaningful cooperation and coordination;".
(j) COMMUNITY REHABILITATION PROGRAMS. -- Section 101(a)(12) (29
U.S.C. 721(a)(12)) is amended --
(1) in subparagraph (A), by striking "facilities" and inserting
"programs"; and
(2) in subparagraph (B), by striking "rehabilitation
facilities" and inserting "community rehabilitation programs".
(k) CONTINUING STATEWIDE STUDIES. -- Section 101(a) (29 U.S.C.
721(a)) is amended --
(1) in the matter preceding paragraph (16) by striking "provide
for continuing" and inserting "(15) provide for continuing"; and
(2) in paragraph (15) (as so designated by paragraph (1) of
this subsection) --
(A) in subparagraph (A), by striking "conducting";
(B) in subparagraph (B) --
(i) by striking "capacity and condition of rehabilitation
facilities, plans for improving such facilities," and inserting
"capacity and effectiveness of community rehabilitation programs,
plans for improving such programs,"; and
(ii) by striking "and" after the semicolon at the end;
(C) in subparagraph (C), by inserting "and" after the semicolon
at the end; and
(D) by adding at the end the following subparagraph:
"(D) outreach procedures to identify and serve individuals with
disabilities who are minorities and individuals with disabilities
who have been unserved or underserved by the vocational
rehabilitation system;".
(l) REVIEW AND EFFORTS. -- Section 101(a)(16) (29 U.S.C. 721(a)(16))
is amended to read as follows:
"(16) provide for --
"(A)(i) at least annual review and reevaluation of the status
of each individual with a disability placed in an extended
employment setting in a community rehabilitation program
(including a workshop) or other employment under section 14(c) of
the Fair Labor Standards Act (29 U.S.C. 214(c)), to determine the
interests, priorities, and needs of the individual for employment,
or training for competitive employment, in an integrated setting
in the labor market; and
"(ii) input into the review and reevaluation by the individual
with a disability, or, in an appropriate case, a parent, a family
member, a guardian, an advocate, or an authorized representative,
of the individual, if the individual requests, desires, or needs
assistance;
"(B) maximum efforts, including the identification of
vocational rehabilitation services, reasonable accommodations, and
other support services, to enable such an individual to benefit
from training or to be placed in employment in an integrated
setting; and
"(C) services designated to promote movement from extended
employment to integrated employment, including supported
employment, independent living, and community participation;".
(m) CONSTRUCTION. -- Section 101(a)(17) (29 U.S.C. 721(a)(17)) is
amended --
(1) in the matter preceding subparagraph (A), by striking
"where such State plan includes provisions for the construction of
rehabilitation facilities" and inserting "if, under special
circumstances, the State plan includes provisions for the
construction of facilities for community rehabilitation programs";
and
(2) in subparagraph (C), by striking "rehabilitation
facilities" and inserting "facilities for community rehabilitation
programs".
(n) VIEWS CONSIDERED. -- Section 101(a)(18) (29 U.S.C. 721(a)(18))
is amended by striking "and providers of vocational rehabilitation
services" and inserting "providers of vocational rehabilitation
services, and the Director of the client assistance program under
section 112".
(o) STRATEGIC PLAN. -- Section 101(a)(19) (29 U.S.C. 721(a)(19)) is
amended by inserting before the semicolon the following: ", and for
developing and updating the strategic plan required under part C".
(p) PUBLIC COMMENT. -- Section 101(a)(23) (29 U.S.C. 721(a)(23)) is
amended --
(1) in subparagraph (A), by inserting after "comment on the
State plan" the following: "before development of the plan by the
State";
(2) by striking "and" before "(B)"; and
(3) by inserting before the semicolon the following: ", and
(C) provide satisfactory assurances that the State agency will
consult with the Director of the client assistance program under
section 112 in the formulation of policies governing the provision
of vocational rehabilitation services consistent with the State
plan and other revisions".
(q) GOALS AND PUBLIC EDUCATION. -- Section 101(a)(24) (29 U.S.C.
721(a)(24)) is amended to read as follows:
"(24) contain plans, policies, and procedures to be followed
(including entering into a formal interagency cooperative agreement, in
accordance with paragraph (11)(C)(ii), with education officials
responsible for the provision of a free appropriate public education to
students who are individuals with disabilities) that are designed to --
"(A) facilitate the development and accomplishment of --
"(i) long-term rehabilitation goals;
"(ii) intermediate rehabilitation objectives; and
"(iii) goals and objectives related to enabling a student to
live independently before the student leaves a school setting,
to the extent the goals and objectives described in clauses (i)
through (iii) are included in an individualized education program
of the student, including the specification of plans for
coordination with the educational agencies in the provision of
transition services;
"(B) facilitate the transition from the provision of a free
appropriate public education under the responsibility of an
educational agency to the provision of vocational rehabilitation
services under the responsibility of the designated State unit,
including the specification of plans for coordination with
educational agencies in the provision of transition services
authorized under section 103(a)(14) to an individual, consistent
with the individualized written rehabilitation program of the
individual; and
"(C) provide that such plans, policies, and procedures will
address --
"(i) provisions for determining State lead agencies and
qualified personnel responsible for transition services;
"(ii) procedures for outreach to and identification of youth in
need of such services; and
"(iii) a timeframe for evaluation and followup of youth who
have received such services;".
(r) USE OF SUPPORTED EMPLOYMENT FUNDS. -- Section 101(a)(25) (29
U.S.C. 721(a)(25)) is amended to read as follows:
"(25) provide assurances satisfactory to the Secretary that the State
has an acceptable plan for carrying out part C of title VI, including
the use of funds under that part to supplement funds under part B of
this title for the cost of services leading to supported employment;".
(s) ADDITIONAL STATE PLAN REQUIREMENTS. -- Section 101(a) (29 U.S.C.
721(a)) is amended by adding at the end the following new paragraphs:
"(26) describe the manner in which on-the-job or other related
personal assistance services will be provided to assist individuals with
disabilities while the individuals are receiving vocational
rehabilitation services;
"(27) describe the manner in which cooperative agreements with
private nonprofit vocational rehabilitation service providers will be
established;
"(28) identify the needs and utilization of community rehabilitation
programs under the Act commonly kown as the Wagner-O'Day Act (41 U.S.C.
46 et seq.);
"(29) describe the manner in which individuals with disabilities will
be given choice and increased control in determining their vocational
rehabilitation goals and objectives;
"(30) describe the manner in which students who are individuals with
disabilities and who are not in special education programs can access
and receive vocational rehabilitation services, where appropriate;
"(31) describe the manner in which assistive technology devices and
services will be provided, or worksite assessments will be made as part
of the assessment for determining eligibility and vocational
rehabilitation needs of an individual;
"(32) describe the manner in which the State will modify the policies
and procedures of the State based on consumer satisfaction surveys
conducted by the State Rehabilitation Advisory Council;
"(33) provide for coordination and working relationships with the
Statewide Independent Living Council established under section 705 and
independent living centers within the State;
"(34) provide satisfactory assurances to the Commissioner that the
State --
"(A) has developed and implemented a strategic plan for
expanding and improving vocational rehabilitation services for
individuals with disabilities on a statewide basis in accordance
with part C of this title; and
"(B) will use at least 1.5 percent of the allotment of the
State under part B for the uses described in section 123;
"(35)(A) describe how the system for evaluating the performance of
rehabilitation counselors, coordinators, and other personnel used in the
State facilitates the accomplishment of the purpose and policy of this
title, including the policy of serving, among others, individuals with
the most severe disabilities; and
"(B) provide satisfactory assurances that the system in no way
impedes such accomplishment; and
"(36) provide satisfactory assurances to the Commissioner that --
"(A)(i) the State has established a State Rehabilitation
Advisory Council that meets the criteria set forth in section 105;
"(ii) the designated State agency and the designated State unit
seek and seriously consider on a regular and ongoing basis advice
from the Council regarding the development and implementation of
the State plan and the strategic plan and amendments to the plans,
and other policies and procedures of general applicability
pertaining to the provision of vocational rehabilitation service
in the State;
"(iii) the designated State agency includes, in its State plan
or an amendment to the plan, a summary of advice provided by the
Council, including recommendations from the annual report of the
Council, the survey of consumer satisfaction, and other reports
prepared by the Council, and the response of the designated State
agency to such advice and recommendations (including explanations
with respect to advice and recommendations that were rejected);
and
"(iv) the designated State unit transmits to the Council --
"(I) all plans, reports, and other information required under
the Act to be submitted to the Commissioner;
"(II) all policies, practices, and procedures of general
applicability provided to or used by rehabilitation personnel;
and
"(III) copies of due process hearing decisions, which shall be
transmitted in such a manner as to preserve the confidentiality of
the participants in the hearings;
"(B) an independent commission --
"(i) is responsible under State law for overseeing the
operation of the designated State agency;
"(ii) is consumer-controlled by persons who --
"(I) are individuals with physical or mental impairments that
substantially limit major life activities; and
"(II) represent individuals with a broad range of disabilities;
"(iii) includes individuals representing family members,
advocates, and authorized representatives of individuals with
mental impairments; and
"(iv) undertakes the function set forth in section 105(c)(3);
or
"(C) in the case of a State that, under section
101(a)(1)(A)(i), designates a State agency to administer the part
of the State plan under which vocational rehabilitation services
are provided for individuals who are blind and designates a
separate State agency to administer the remainder of the State
plan --
"(i) an independent commission is responsible under State law
for overseeing both such agencies and meets the requirements of
subparagraph (B)(ii); or
"(ii)(I) an independent commission is responsible under State
law for overseeing the first agency described in this subparagraph
and meets the requirements of subparagraph (B)(ii); and
"(II) an independent commission is responsible under State law
for overseeing the second State agency described in this
subparagraph and is required by such State law to be
consumer-controlled by individuals who are blind and to represent
individuals who are blind.".
(t) TECHNICAL AMENDMENT. -- Section 101 (29 U.S.C. 721) is amended
by striking subsections (c) and (d).
SEC. 123. DETERMINATIONS OF ELIGIBILITY AND INDIVIDUALIZED WRITTEN
REHABILITATION PROGRAM.
(a) ELIGIBILITY. -- Section 102(a) (29 U.S.C. 722(a)) is amended to
read as follows:
"(a)(1) An individual is eligible for assistance under this title if
the individual --
"(A) is an individual with a disability under section 7(8)(A);
and
"(B) requires vocational rehabilitation services to prepare
for, enter, engage in, or retain gainful employment.
"(2) An individual who has a disability or is blind as determined
pursuant to title II or title XVI of the Social Security Act (42 U.S.C.
401 et seq. and 1381 et seq.) shall be considered to have --
"(A) a physical or mental impairment which for such individual
constitutes or results in a substantial impediment to employment
under section 7(8)(A)(i); and
"(B) a severe physical or mental impairment which seriously
limits one or more functional capacities in terms of an employment
outcome under section 7(15)(A)(i).
"(3) Determinations made by officials of other agencies, particularly
the education officials described in section 101(a)(24), regarding
whether an individual satisfies one or more factors relating to whether
an individual is an individual with a disability under section 7(8)(A)
or an individual with a severe disability under section 7(15)(A), shall
be used (to the extent appropriate and available and consistent with the
requirements under this Act) for making such determinations under this
Act.
"(4)(A) It shall be presumed that an individual can benefit in terms
of an employment outcome from vocational rehabilitation services under
section 7(8)(A)(ii), unless the designated State unit can demonstrate by
clear and convincing evidence that such individual is incapable of
benefiting from vocational rehabilitation services in terms of an
employment outcome.
"(B) In making the demonstration required under subparagraph (A) with
respect to cases in which the issue concerns the severity of the
disability of an individual, the designated State unit shall first
conduct an extended evaluation by providing the services described in
subparagraph (C)(iii)(I), and conducting the assessment described in
subparagraph (C)(iii)(II), of section 7(22).
"(5)(A) The designated State unit shall determine whether an
individual is eligible for vocational rehabilitation services under this
title within a reasonable period of time, not to exceed 60 days after
the individual has submitted an application to receive the services
unless --
"(i) the designated State unit notifies the individual that
exceptional and unforeseen circumstances beyond the control of the
agency preclude the agency from completing the determination
within the prescribed time and the individual agrees that an
extension of time is warranted; or
"(ii) such an extended evaluation is required.
"(B) The determination of eligibility shall be based on the review of
existing data described in section 7(22)(A)(i), and, to the extent
necessary, the preliminary assessment described in section
7(22)(A)(iii).
"(6) The designated State unit shall ensure that a determination of
ineligibility made with respect to an individual prior to the initiation
of an individualized written rehabilitation program, based on the
review, and to the extent necessary, the preliminary assessment, shall
include specification of --
"(A) the reasons for such a determination;
"(B) the rights and remedies available to the individual,
including, if appropriate, recourse to the processes set forth in
subsections (b)(2) and (d); and
"(C) the availability of services provided by the client
assistance program under section 112 to the individual.".
(b) INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM. -- Section 102(b)
(29 U.S.C. 722(b)) is amended --
(1) by striking paragraph (1) and inserting the following:
"(1)(A) As soon as a determination has been made that an individual
is eligible for vocational rehabilitation services, the designated State
unit shall complete an assessment for determining eligibility and
vocational rehabilitation needs described in subparagraphs (B) and (C)
of section 7(22) (if such assessment is necessary) and ensure that --
"(i) an individualized written rehabilitation program is
jointly developed, agreed upon, and signed by --
"(I) such eligible individual (or, in an appropriate case, a
parent, a family member, a guardian, an advocate, or an authorized
representative, of such individual); and
"(II) the vocational rehabilitation counselor or coordinator;
and
"(ii) such program meets the requirements set forth in
subparagraph (B).
"(B) Each individualized written rehabilitation program shall --
"(i) be designed to achieve the employment objective of the
individual, consistent with the unique strengths, resources,
priorities, concerns, abilities, and capabilities, of the
individual;
"(ii) include a statement of the long-term rehabilitation goals
based on the assessment for determining eligibility and vocational
rehabilitation needs described in section 7(22)(B), including an
assessment of career interests, for the individual, which goals
shall, to the maximum extent appropriate, include placement in
integrated settings;
"(iii) include a statement of the intermediate rehabilitation
objectives related to the attainment of such goals, determined
through such assessment carried out in the most individualized and
integrated setting (consistent with the informed choice of the
individual);
"(iv)(I) include a statement of the specific vocational
rehabilitation services to be provided, and the projected dates
for the initiation and the anticipated duration of each such
service;
"(II) if appropriate, include a statement of the specific
rehabilitation technology services to be provided to assist in the
implementation of intermediate rehabilitation objectives and
long-term rehabilitation goals for the individual; and
"(III) if appropriate, include a statement of the specific
on-the-job and related personal assistance services to be provided
to the individual, and, if appropriate and desired by the
individual, the training in managing, supervising, and directing
personal assistance services to be provided to the individual;
"(v) include an assessment of the expected need for
postemployment services and, if appropriate, extended services;
"(vi) provide for --
"(I) a reassessment of the need for postemployment services
and, if appropriate, extended services prior to the point of
successful rehabilitation, in accordance with this subsection;
and
"(II) if appropriate, the development of a statement detailing
how such services shall be provided or arranged through
cooperative agreements with other service providers;
"(vii) include objective criteria and an evaluation procedure
and schedule for determining whether such goals and objectives are
being achieved;
"(viii) include the terms and conditions under which goods and
services described above will be provided to the individual in the
most integrated settings;
"(ix) identify the entity or entities that will provide the
vocational rehabilitation services and the process used to provide
or procure such services;
"(x) include a statement by the individual, in the words of the
individual (or, if appropriate, in the words of a parent, a family
member, a guardian, an advocate, or an authorized representative,
of the individual), describing how the individual was informed
about and involved in choosing among alternative goals,
objectives, services, entities providing such services, and
methods used to provide or procure such services;
"(xi) include, if necessary, an amendment specifying --
"(I) the reasons that an individual for whom a program has been
prepared is no longer eligible for vocational rehabilitation
services; and
"(II) the rights and remedies available to such an individual
including, if appropriate, recourse to the processes set forth in
subsections (b)(2) and (d);
"(xii) set forth the rights and remedies available to such an
individual including, if appropriate, recourse to the processes
set forth in subsections (b)(2) and (d);
"(xiii) provide a description of the availability of a client
assistance program established pursuant to section 112;
"(xiv) to the maximum extent possible, be provided in the
native language, or mode of communication, of the individual, or,
in an appropriate case, of a parent, a family member, a guardian,
an advocate, or an authorized representative, of such individual;
and
"(xv) include information identifying other related services
and benefits provided pursuant to any Federal, State, or local
program that will enhance the capacity of the individual to
achieve the vocational objectives of the individual.
"(C) The designated State unit shall furnish a copy of the
individualized written rehabilitation program and amendments to the
program to the individual with a disability or, in an appropriate case,
a parent, a family member, a guardian, an advocate, or an authorized
representative, of the individual."; and
(2) in paragraph (2), by inserting after the first sentence the
following: "Any revisions or amendments to the program resulting
from such review shall be incorporated into or affixed to such
program. Such revisions or amendments shall not take effect until
agreed to and signed by the individual with a disability, or, if
appropriate, by a parent, a family member, a guardian, an
advocate, or an authorized representative, of such individual.".
(c) TECHNICAL AMENDMENTS. -- Section 102(c) (29 U.S.C. 722(c)) is
amended --
(1) by striking "Commissioner shall also insure" and inserting
"Director of the designated State unit shall also
ensure"; and
(2) in paragraph (2), by striking "evaluation of rehabilitation
potential" and inserting "assessment for determining eligibility
and vocational rehabilitation needs described in subparagraphs (B)
and (C) of section 7(22)".
(d) SELECTION OF IMPARTIAL HEARING OFFICER. -- Section 102(d) (29
U.S.C. 722(d)) is amended --
(1) in paragraph (2) --
(A) by inserting "(A)" after "(2)"; and
(B) by adding at the end the following:
"(B) The impartial hearing officer shall be selected to hear a
particular case --
"(i) on a random basis; or
"(ii) by agreement between --
"(I) the Director of the designated State unit and the
individual with a disability; or
"(II) in an appropriate case, the Director and a parent, a
family member, a guardian, an advocate, or an authorized
representative, of such individual.
"(C) The impartial hearing officer shall be selected from among a
pool of qualified persons identified jointly by --
"(i) the designated State unit; and
"(ii)(I) the members of the State Rehabilitation Advisory
Council established under section 105 who were appointed under one
of subparagraphs (E) through (H) of section 105(b)(1);
"(II) the commission described in subparagraph (B) or (C)(i) of
section 101(a)(36); or
"(III) the commissions described in section
101(a)(36)(C)(ii).";
(2) in paragraph (3), by striking subparagraph (C) and
inserting the following:
"(C)(i) The Director may not overturn or modify a decision of an
impartial hearing officer, or part of such a decision, that supports the
position of the individual unless the Director concludes, based on clear
and convincing evidence, that the decision of the independent hearing
officer is clearly erroneous on the basis of being contrary to Federal
or State law, including policy.
"(ii) A final decision shall be made in writing by the Director and
shall include a full report of the findings and the grounds for such
decision.
"(iii) Upon making a final decision, the Director shall provide a
copy of such decision to such individual.";
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following:
"(5) Unless the individual with a disability so requests, or, in an
appropriate case, a parent, a family member, a guardian, an advocate, or
an authorized representative, of such individual so requests, pending a
final determination of such hearing or other final resolution under this
subsection, the designated State unit shall not institute a suspension,
reduction, or termination of services being provided under the
individualized written rehabilitation program, unless such services have
been obtained through misrepresentation, fraud, collusion, or criminal
conduct on the part of the individual with a disability.".
SEC. 124. SCOPE OF VOCATIONAL REHABILITATION SERVICES.
(a) IN GENERAL. -- Section 103(a) (29 U.S.C. 723(a)) is amended --
(1) by striking paragraph (1) and inserting the following:
"(1) an assessment for determining eligibility and vocational
rehabilitation needs by qualified personnel, including, if
appropriate, an assessment by personnel skilled in rehabilitation
technology;";
(2) in paragraph (2) --
(A) by striking "referral,";
(B) by inserting "work-related" before "placement services";
(C) by inserting before "followup," the following: "job search
assistance, placement assistance, job retention services, personal
assistance services, and";
(D) by striking "maintain or regain employment" and inserting
"maintain, regain, or advance in employment"; and
(E) by striking ", and other services" and all that follows
through "under this Act";
(3) in paragraph (3) --
(A) by striking "and services" and inserting "and such
services"; and
(B) by striking ": Provided, That" and inserting ", except
that";
(4) in paragraph (4)(A) --
(A) by striking "handicap to employment," and inserting
"impediment to employment,"; and
(B) by striking "substantially reduce the handicap" and
inserting "reduce such impediment to employment";
(5) in paragraph (5), by striking ", not exceeding the
estimated cost of subsistence, during rehabilitation" and
inserting "for additional costs incurred while participating in
rehabilitation";
(6) by striking "and" at the end of paragraph (11);
(7) in paragraph (12), by striking "engineering services." and
inserting "technology services;"; and
(8) by adding at the end the following:
"(13) referral and other services designed to assist
individuals with disabilities in securing needed services from
other agencies through agreements developed under section
101(a)(11), if such services are not available under this Act;
"(14) transition services that promote or facilitate the
accomplishment of long-term rehabilitation goals and intermediate
rehabilitation objectives;
"(15) on-the-job or related personal assistance services
provided while an individual with a disability is receiving
services described in this section; and
"(16) supported employment services.".
(b) ADDITIONAL VOCATIONAL REHABILITATION SERVICES. -- Section 103(b)
(29 U.S.C. 723(b)) is amended --
(1) in paragraph (1) --
(A) by striking "in the case" and inserting "In the case"; and
(B) by striking the semicolon at the end and inserting a
period;
(2) in paragraph (2) --
(A) by striking "the construction" and all that follows through
"rehabilitation facilities)" and inserting the following: "The
establishment, development, or improvement of community
rehabilitation programs, including, under special circumstances,
the construction of a facility, and the provision of other
services (including services offered at community rehabilitation
programs)";
(B) by striking the semicolon at the end and inserting a
period; and
(C) by adding at the end the following sentence: "Such
programs shall be used to provide services that promote
integration and competitive employment.";
(3) in paragraph (3) --
(A) by striking "the use of" and inserting "The use of"; and
(B) by striking "; and" and inserting a period;
(4) in paragraph (4), by striking "the use of" and inserting
"The use of"; and
(5) by adding at the end the following paragraph:
"(5) Technical assistance and support services to businesses
that are not subject to title I of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12111 et seq.) and that are seeking to
employ individuals with disabilities.".
SEC. 125. NON-FEDERAL SHARE FOR CONSTRUCTION.
Section 104 (29 U.S.C. 724) is amended --
(1) by striking "costs of construction or establishment of a
public or nonprofit rehabilitation facility" and inserting "costs
of establishment of a community rehabilitation program or
construction, under special circumstances, of a facility for such
a program"; and
(2) by striking "construction or establishment of a facility"
and inserting "establishment of such a program or construction of
such a facility".
SEC. 126. "29 USC 725" STATE REHABILITATION ADVISORY COUNCIL.
(a) AMENDMENT. -- Part A of title I (29 U.S.C. 720 et seq.) is
amended by adding at the end the following:
"SEC. 105. STATE REHABILITATION ADVISORY COUNCIL.
"(a) ESTABLISHMENT. --
"(1) IN GENERAL. -- Except as provided in subparagraph (B) or
(C) of section 101(a)(36), to be eligible to receive financial
assistance under this title a State shall establish a State
Rehabilitation Advisory Council (referred to in this section as
the 'Council') in accordance with this section.
"(2) SEPARATE AGENCY FOR INDIVIDUALS WHO ARE BLIND. -- A State
that designates a State agency to administer the part of the State
plan under which vocational rehabilitation services are provided
for individuals who are blind under section 101(a)(1)(A)(i) may
establish a separate Council in accordance with this section to
perform the duties of such a Council with respect to such State
agency.
"(b) COMPOSITION AND APPOINTMENT. --
"(1) COMPOSITION. -- The Council shall be composed of --
"(A) at least one representative of the Statewide Independent
Living Council established under section 705, which representative
may be the chairperson or other designee of the Council;
"(B) at least one representative of a parent training and
information center established pursuant to section 631(c)(9) of
the Individuals with Disabilities Education Act (20 U.S.C.
1431(c)(9));
"(C) at least one representative of the client assistance
program established under section 112;
"(D) at least one vocational rehabilitation counselor, with
knowledge of and experience with vocational rehabilitation
programs, who shall serve as an ex officio, nonvoting member of
the Council if the counselor is an employee of the designated
State agency;
"(E) at least one representative of community rehabilitation
program service providers;
"(F) four representatives of business, industry, and labor;
"(G) representatives of disability advocacy groups representing
a cross section of --
"(i) individuals with physical, cognitive, sensory, and mental
disabilities; and
"(ii) parents, family members, guardians, advocates, or
authorized representatives of individuals with disabilities who
have difficulty in representing themselves or are unable due to
their disabilities to represent themselves; and
"(H) current or former applicants for, or recipients of,
vocational rehabilitation services.
"(2) EX OFFICIO MEMBER. -- The Director of the designated
State unit shall be an ex officio member of the Council.
"(3) APPOINTMENT. -- Members of the Council shall be appointed
by the Governor or the appropriate entity within the State
responsible for making appointments. The appointing authority
shall select members after solicitng recommendations from
representatives of organizations representing a broad range of
individuals with disabilities and organizations interested in
individuals with disabilities.
"(4) QUALIFICATIONS. -- A majority of Council members shall be
persons who are --
"(A) individuals with disabilities described in section
7(8)(B); and
"(B) not employed by the designated State unit.
"(5) CHAIRPERSON. --
"(A) IN GENERAL. -- Except as provided in subparagraph (B),
the Council shall select a chairperson from among the membership
of the Council.
"(B) DESIGNATION BY GOVERNOR. -- In States in which the
Governor does not have veto power pursuant to State law, the
Governor shall designate a member of the Council to serve as the
chairperson of the Council or shall require the Council to so
designate such a member.
"(6) TERMS OF APPOINTMENT. --
"(A) LENGTH OF TERM. -- Each member of the Council shall serve
for a term of not more than 3 years, except that --
"(i) a member appointed to fill a vacancy occurring prior to
the expiration of the term for which a predecessor was appointed,
shall be appointed for the remainder of such term; and
"(ii) the terms of service of the members initially appointed
shall be (as specified by the appointing authority) for such fewer
number of years as will provide for the expiration of terms on a
staggered basis.
"(B) NUMBER OF TERMS. -- No member of the Council may serve
more than two consecutive full terms.
"(7) VACANCIES. -- Any vacancy occurring in the membership of
the Council shall be filled in the same manner as the original
appointment. The vacancy shall not affect the power of the
remaining members to execute the duties of the Council.
"(c) FUNCTIONS OF COUNCIL. -- The Council shall --
"(1) review, analyze, and advise the designated State unit
regarding the performance of the responsibilities of the unit
under this title, particularly responsibilities relating to --
"(A) eligibility (including order of selection);
"(B) the extent, scope, and effectiveness of services provided;
and
"(C) functions performed by State agencies that affect or that
potentially affect the ability of individuals with disabilities in
achieving rehabilitation goals and objectives under this title;
"(2) advise the designated State agency and the designated
State unit, and, at the discretion of the designated State agency,
assist in the preparation of applications, the State plan, the
strategic plan and amendments to the plans, reports, needs
assessments, and evaluations required by this title;
"(3) to the extent feasible, conduct a review and analysis of
the effectiveness of, and consumer satisfaction with --
"(A) the functions performed by State agencies and other public
and private entities responsible for performing functions for
individuals with disabilities; and
"(B) vocational rehabilitation services --
"(i) provided, or paid for from funds made available, under
this Act or through other public or private sources; and
"(ii) provided by State agencies and other public and private
entities responsible for providing vocational rehabilitation
services to individuals with disabilities;
"(4) prepare and submit an annual report to the Governor or
appropriate State entity and the Commissioner on the status of
vocational rehabilitation programs operated within the State, and
make the report available to the public;
"(5) coordinate with other councils within the State, including
the Statewide Independent Living Council established under section
705, the advisory panel established under section 613(a)(12) of
the Individuals with Disabilities Education Act (20 U.S.C.
1413(a)(12)), the State Planning Council described in section 124
of the Developmental Disabilities Assistance and Bill of Rights
Act (42 U.S.C. 6024), and the State mental health planning council
established under section 1916(e) of the Public Health Service Act
(42 U.S.C. 300x-4(e));
"(6) advise the State agency designated under section 101(a)(1)
and provide for coordination and the establishment of working
relationships between the State agency and the Statewide
Independent Living Council and centers for independent living
within the State; and
"(7) perform such other functions, consistent with the purpose
of this title, as the State Rehabilitation Advisory Council
determines to be appropriate, that are comparable to the other
functions performed by the Council.
"(d) RESOURCES. --
"(1) PLAN. -- The Council shall prepare, in conjunction with
the designated State unit, a plan for the provision of such
resources, including such staff and other personnel, as may be
necessary to carry out the functions of the Council under this
section. The resource plan shall, to the maximum extent possible,
rely on the use of resources in existence during the period of
implementation of the plan.
"(2) RESOLUTION OF DISAGREEMENTS. -- To the extent that there
is a disagreement between the Council and the designated State
unit in regard to the resources necessary to carry out the
functions of the Council as set forth in this section, the
disagreement shall be resolved by the Governor or appointing
agency consistent with paragraph (1).
"(3) SUPERVISION AND EVALUATION. -- Each Council shall,
consistent with State law, supervise and evaluate such staff and
other personnel as may be necessary to carry out its functions
under this section.
"(4) PERSONNEL CONFLICT OF INTEREST. -- While assisting the
Council in carrying out its duties staff and other personnel shall
not be assigned duties by the designated State unit or any other
agency or office of the State, that would create a conflict of
interest.
"(e) CONFLICT OF INTEREST. -- No member of the Council shall cast a
vote on any matter that would provide direct financial benefit to the
member or otherwise give the appearance of a conflict of interest under
State law.
"(f) MEETINGS. -- The Council shall convene at least 4 meetings a
year in such places as it determines to be necessary to conduct Council
business and conduct such forums or hearings as the Council considers
appropriate. The meetings, hearings, and forums shall be publicly
announced. The meetings shall be open and accessible to the general
public unless there is a valid reason for an executive session.
"(g) COMPENSATION AND EXPENSES. -- The Council may use funds
appropriated under this title to reimburse members of the Council for
reasonable and necessary expenses of attending Council meetings and
performing Council duties (including child care and personal assistance
services), and to pay compensation to a member of the Council, if such
member is not employed or must forfeit wages from other employment, for
each day the member is engaged in performing the duties of the Council.
"(h) HERINGS AND FORUMS. -- The Council is authorized to hold such
hearings and forums as the Council may determine to be necessary to
carry out the duties of the Council.
"(i) USE OF EXISTING COUNCILS. -- To the extent that a State has
established a Council before September 30, 1992, that is comparable to
the Council described in this section, such established Council shall be
considered to be in compliance with this section. Within 1 year after
the date of enactment of the Rehabilitation Act Amendments of 1992, such
State shall establish a Council that complies in full with this
section.".
(b) TECHNICAL AMENDMENT. -- The table of contents relating to the
Act is amended by inserting after the item relating to section 104 the
following:
"Sec. 105. State Rehabilitation Advisory Council.".
SEC. 127. EVALUATION.
(a) AMENDMENT. -- Part A of title I (29 U.S.C. 720 et seq.) (as
amended by section 126(a)), is further amended by adding at the end the
following:
"SEC. 106. "29 USC 726" EVALUATION STANDARDS AND PERFORMANCE
INDICATORS.
"(a) ESTABLISHMENT. --
"(1) IN GENERAL. -- The Commissioner shall, not later than
September 30, 1994, establish and publish evaluation standards and
performance indicators for the vocational rehabilitation program
under this title.
"(2) MEASURES. -- The standards and indicators shall include
outcome and related measures of program performance that
facilitate and in no way impede the accomplishment of the purpose
and policy of this title.
"(3) COMMENT. -- The standards and indicators shall be
developed with input from State vocational rehabilitation
agencies, related professional and consumer organizations,
recipients of vocational rehabilitation services, and other
interested parties. The Commissioner shall publish in the Federal
Register a notice of intent to regulate regarding the development
of proposed standards and indicators. Proposed standards and
indicators shall be published in the Federal Register for review
and comment. Final standards and indicators shall be published in
the Federal Register.
"(b) COMPLIANCE. --
"(1) STATE REPORTS. -- In accordance with regulations
established by the Secretary, each State shall report to the
Commissioner after the end of each fiscal year the extent to which
the State is in compliance with the standards and indicators.
"(2) PROGRAM IMPROVEMENT. --
"(A) PLAN. -- If the Commissioner determines that the
performance of any State is below established standards, the
Commissioner shall provide technical assistance to the State and
the State and the Commissioner shall jointly develop a program
improvement plan outlining the specific actions to be taken by the
State to improve program performance.
"(B) REVIEW. -- The Commissioner shall --
"(i) review the program improvement efforts of the State on a
biannual basis and, if necessary, request the State to make
further revisions to the plan to improve performance; and
"(ii) continue to conduct such reviews and request such
revisions until the State sustains satisfactory performance over a
period of more than 1 year.
"(c) WITHHOLDING. -- If the Commissioner determines that a State
whose performance falls below the established standards has failed to
enter into a program improvement plan, or is not complying substantially
with the terms and conditions of such a program improvement plan, the
Commissioner shall, consistent with subsections (c) and (d) of section
107, reduce or make no further payments to the State under this program,
until the State has entered into an approved program improvement plan,
or satisfies the Commissioner that the State is complying substantially
with the terms and conditions of such a program improvement plan, as
appropriate.
"(d) REPORT TO CONGRESS. -- Beginning in fiscal year 1996, the
Commissioner shall include in each annual report to the Congress under
section 13 an analysis of program performance, including relative State
performance, based on the standards and indicators.".
(b) TECHNICAL AMENDMENT. -- The table of contents relating to the
Act is amended by inserting after the item relating to section 105 (as
added by section 126(b)) the following:
"Sec. 106. Evaluation standards and performance indicators.".
SEC. 128. MONITORING AND REVIEW.
(a) AMENDMENT. -- Part A of title I (29 U.S.C. 720 et seq.) (as
amended by sections 126(a) and 127(a)), is further amended by adding at
the end the following:
"SEC. 107. "29 USC 727" MONITORING AND REVIEW.
"(a) IN GENERAL. --
"(1) DUTIES. -- In carrying out the duties of the Commissioner
under this title, the Commissioner shall --
"(A) provide for the annual review and periodic onsite
monitoring of programs under this title; and
"(B) determine whether, in the administration of the State
plan, a State is complying substantially with the provisions of
such plan and with evaluation standards and performance indicators
established under section 106.
"(2) PROCEDURES FOR REVIEWS. -- In conducting reviews under
this section the Commissioner shall consider, at a minimum --
"(A) State policies and procedures;
"(B) guidance materials;
"(C) decisions resulting from hearings conducted in accordance
with due process;
"(D) strategic plans and updates;
"(E) plans and reports prepared under section 106(b);
"(F) consumer satisfaction surveys described in section
101(a)(32);
"(G) information provided by the State Rehabilitation Advisory
Council established under section 105;
"(H) reports; and
"(I) budget and financial management data.
"(3) PROCEDURES FOR MONITORING. -- In conducting monitoring
under this section the Commissioner shall conduct --
"(A) on-site visits, including on-site reviews of records to
verify that the State is following requirements regarding the
order of selection set forth in section 101(a)(5)(A);
"(B) public hearings and other strategies for collecting
information from the public;
"(C) meetings with the State Rehabilitation Advisory Council;
"(D) reviews of individual case files, including individualized
written rehabilitation programs and ineligibility determinations;
and
"(E) meetings with rehabilitation counselors and other
personnel.
"(4) AREAS OF INQUIRY. -- In conducting the review and
monitoring, the Commissioner shall examine --
"(A) the eligibility process;
"(B) the provision of services, including, if applicable, the
order of selection;
"(C) whether the personnel evaluation system described in
section 101(a)(35) facilitates and does not impede the
accomplishments of the program;
"(D) such other areas as may be identified by the public or
through meetings with the State Rehabilitation Advisory Council;
and
"(E) such other areas of inquiry as the Commissioner may
consider appropriate.
"(b) TECHNICAL ASSISTANCE. -- The Commissioner shall --
"(1) provide technical assistance to programs under this title
regarding improving the quality of vocational rehabilitation
services provided; and
"(2) provide technical assistance and establish a corrective
action plan for a program under this title if the Commissioner
finds that the program fails to comply substantially with the
provisions of the State plan, or with evaluation standards or
performance indicators established under section 106, in order to
ensure that such failure is corrected as soon as practicable.
"(c) FAILURE TO COMPLY WITH PLAN. --
"(1) WITHHOLDING PAYMENTS. -- Whenever the Commissioner, after
providing reasonable notice and an opportunity for a hearing to
the State agency administering or supervising the administration
of the State plan approved under section 101, finds that --
"(A) the plan has been so changed that it no longer complies
with the requirements of section 101(a); or
"(B) in the administration of the plan there is a failure to
comply substantially with any provision of such plan or with an
evaluation standard or performance indicator established under
section 106,
the Commissioner shall notify such State agency that no further
payments will be made to the State under this title (or, in the
discretion of the Commissioner, that such further payments will be
reduced, in accordance with regulations the Commissioner shall
prescribe, or that further payments will not be made to the State
only for the projects under the parts of the State affected by
such failure), until the Commissioner is satisfied there is no
longer any such failure.
"(2) PERIOD. -- Until the Commissioner is so satisfied, the
Commissioner shall make no further payments to such State under
this title (or shall reduce payments or limit payments to projects
under those parts of the State plan in which there is no such
failure).
"(3) DISBURSAL OF WITHHELD FUNDS. -- The Commissioner may, in
accordance with regulations the Secretary shall prescribe,
disburse any funds withheld from a State under paragraph (1) to
any public or nonprofit private organization or agency within such
State or to any political subdivision of such State submitting a
plan meeting the requirements of section 101(a). The Commissioner
may not make any payment under this paragraph unless the entity to
which such payment is made has provided assurances to the
Commissioner that such entity will contribute, for purposes of
carrying out such plan, the same amount as the State would have
been obligated to contribute if the State received such payment.
"(d) REVIEW. --
"(1) PETITION. -- Any State that is dissatisfied with a final
determination of the Commissioner under section 101(b) or
subsection (c) may file a petition for judicial review of such
determination in the United States Court of Appeals for the
circuit in which the State is located. Such a petition may be
filed only within the 30-day period beginning on the date that
notice of such final determination was received by the State. The
clerk of the court shall transmit a copy of the petition to the
Commissioner or to any officer designated by the Commissioner for
that purpose. In accordance with section 2112 of title 28, United
States Code, the Commissioner shall file with the court a record
of the proceeding on which the Commissioner based the
determination being appealed by the State. Until a record is so
filed, the Commissioner may modify or set aside any determination
made under such proceedings.
"(2) SUBMISSIONS AND DETERMINATIONS. -- If, in an action under
this subsection to review a final determination of the
Commissioner under section 101(b) or subsection (c), the
petitioner or the Commissioner applies to the court for leave to
have additional oral submissions or written presentations made
respecting such determination, the court may, for good cause
shown, order the Commissioner to provide within 30 days an
additional opportunity to make such submissions and presentations.
Within such period, the Commissioner may revise any findings of
fact, modify or set aside the determination being reviewed, or
make a new determination by reason of the additional submissions
and presentations, and shall file such modified or new
determination, and any revised findings of fact, with the return
of such submissions and presentations. The court shall thereafter
review such new or modified determination.
"(3) STANDARDS OF REVIEW. --
"(A) IN GENERAL. -- Upon the filing of a petition under
paragraph (1) for judicial review of a determination, the court
shall have jurisdiction --
"(i) to grant appropriate relief as provided in chapter 7 of
title 5, United States Code, except for interim relief with
respect to a determination under subsection (c); and
"(ii) except as otherwise provided in subparagraph (B), to
review such determination in accordance with chapter 7 of title 5,
United States Code.
"(B) SUBSTANTIAL EVIDENCE. -- Section 706 of title 5, United
States Code, shall apply to the review of any determination under
this subsection, except that the standard for review prescribed by
paragraph (2)(E) of such section 706 shall not apply and the court
shall hold unlawful and set aside such determination if the court
finds that the determination is not supported by substantial
evidence in the record of the proceeding submitted pursuant to
paragraph (1), as supplemented by any additional submissions and
presentations filed under paragraph (2).".
(b) CONFORMING AND TECHNICAL AMENDMENTS. --
(1) Section 6(c) (29 U.S.C. 705(c)) is amended by striking
"101" and inserting "107".
(2) The table of contents relating to the Act is amended by
inserting after the item relating to section 106 (as added by
section 127(b)) the following:
"Sec. 107. Monitoring and review.".
SEC. 129. EXPENDITURE OF CERTAIN AMOUNTS.
(a) AMENDMENT. -- Part A of title I (29 U.S.C. 720 et seq.), as
amended by the preceding sections, is further amended by adding at the
end the following:
"SEC. 108. "29 USC 728" EXPENDITURE OF CERTAIN AMOUNTS.
"(a) EXPENDITURE. -- Amounts described in subsection (b) may not be
expended by a State for any purpose other than carrying out programs for
which the State receives financial assistance under this title, under
part C of title VI, or under title VII.
"(b) AMOUNTS. -- The amounts referred to in subsection (a) are
amounts provided to a State under the Social Security Act (42 U.S.C. 301
et seq.) as reimbursement for the expenditure of payments received by
the State from allotments under section 110 of this Act.".
(b) TECHNICAL AMENDMENT. -- The table of contents relating to the
Act is amended by inserting after the item relating to section 107 (as
added by section 128(b)(2)) the following:
"Sec. 108. Expenditure of certain amounts.".
SEC. 130. TRAINING OF EMPLOYERS WITH RESPECT TO AMERICANS WITH
DISABILITIES ACT OF 1990.
(a) AMENDMENT. -- Part A of title I (29 U.S.C. 720 et seq.), as
amended by the preceding sections, is further amended by adding at the
end the following:
"SEC. 109. "29 USC 728a" TRAINING OF EMPLOYERS WITH RESPECT TO
AMERICANS WITH DISABILITIES ACT OF 1990.
"A State may expend payments received under section 111 --
"(1) to carry out a program to train employers with respect to
compliance with the requirements of title I of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); and
"(2) to inform employers of the existence of the program and
the availability of the services of the program.".
(b) TECHNICAL AMENDMENT. -- The table of contents relating to the
Act is amended by inserting after the item relating to section 108 (as
added by section 129(b)) the following:
"Sec. 109. Training of employers with respect to Americans with
Disabilities Act of 1990.".
SEC. 131. REALLOTMENT.
(a) TERRITORIES. -- Section 110(a) (29 U.S.C. 730(a)) is amended --
(1) in paragraph (3), by striking "and the Trust Territory of
the Pacific Islands" and inserting "and the Republic of Palau";
and
(2) by adding at the end the following new paragraph:
"(5) The Republic of Palau may receive allotments or allocations
under this section only until the Compact of Free Association with Palau
takes effect.".
(b) REALLOTMENT. -- Section 110(c) (29 U.S.C. 730(c)) is amended by
adding at the end the following:
"(4) If the Commissioner determines, under paragraph (1), that any
payment of an allotment to a State under section 111(a) for any fiscal
year will not be utilized by such State in carrying out the purposes of
this title, the payment shall remain available for reallotment to other
States until reallotted.".
(c) RESERVATION. -- Section 110(d) (29 U.S.C. 730(d)) is amended by
striking paragraph (2) and inserting the following:
"(2) The sum referred to in paragraph (1) shall be, as determined by
the Secretary --
"(A) not less than one-third of one percent and not more than
1.5 percent of the amount under paragraph (1), for fiscal years
1993 and 1994; and
"(B) not less than one-half of one percent and not more than
1.5 percent of the amount under paragraph (1), for fiscal years
1995, 1996, and 1997.".
SEC. 132. PAYMENTS TO STATES.
Section 111(a) (29 U.S.C. 731(a)) is amended --
(1) in paragraph (1) --
(A) by striking "(including any additional payment to it under
section 110(b))"; and
(B) by striking "State plan." and inserting "State plan and
development and implementation of the strategic plan as provided
in section 101(a)(34)(A). Any State that receives such an amount
shall expend, for development and implementation of the strategic
plan, not less than the percentage of the allotment of the State
referred to in section 101(a)(34)(B).";
(2) in paragraph (2) --
(A) in subparagraph (A), by striking "(and any additional
payment under subsection (b))"; and
(B) by amending subparagraph (B) to read as follows:
"(B)(i) For fiscal year 1993, the amount otherwise payable to a State
for a fiscal year under this section shall be reduced by the amount by
which expenditures from non-Federal sources under the State plan under
this title for the previous fiscal year are less than the average of the
total of such expenditures for the 3 fiscal years preceding the previous
fiscal year.
"(ii) For fiscal year 1994 and each fiscal year thereafter, the
amount otherwise payable to a State for a fiscal year under this section
shall be reduced by the amount by which expenditures from non-Federal
sources under the State plan under this title for the previous fiscal
year are less than the total of such expenditures for the second fiscal
year preceding the previous fiscal year."; and
(3) by adding at the end the following new paragraph:
"(3)(A) Except as provided in subparagraph (B), the amount of a
payment under this section with respect to any construction project in
any State shall be equal to the same percentage of the cost of such
project as the Federal share that is applicable in the case of
rehabilitation facilities (as defined in section 645(g) of the Public
Health Service Act (42 U.S.C. 291o(a))), in such State.
"(B) If the Federal share with respect to rehabilitation facilities
in such State is determined pursuant to section 645(b)(2) of such Act
(42 U.S.C. 291o(b)(2)), the percentage of the cost for purposes of this
section shall be determined in accordance with regulations prescribed by
the Commissioner designed to achieve as nearly as practicable results
comparable to the results obtained under such section.".
SEC. 133. CLIENT ASSISTANCE PROGRAM.
(a) ADVOCACY. -- Section 112(a) (29 U.S.C. 732(a)) is amended --
(1) in the first sentence --
(A) by striking "to assist such clients" and inserting "to
assist and advocate for such clients";
(B) by inserting "and advocacy" after "including assistance";
and
(C) by inserting before the period in the first sentence the
following: "and to facilitate access to the services funded under
this Act through individual and systemic advocacy";
(2) by amending the second sentence to read as follows: "The
client assistance program shall provide information on the
available services and benefits under this Act and title I of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.)
to individuals with disabilities in the State, especially with
regard to individuals with disabilities who have traditionally
been unserved or underserved by vocational rehabilitation
programs."; and
(3) by inserting after the second sentence the following: "In
providing assistance and advocacy under this subsection with
respect to services under this title, a client assistance program
may provide the assistance and advocacy with respect to services
that are directly related to facilitating the employment of the
individual.".
(b) REDESIGNATION OF AGENCY. -- Section 112(c)(1) (29 U.S.C.
732(c)(1)) is amended by striking subparagraph (B) and inserting the
following:
"(B) The Governor may not redesignate the agency designated under
subparagraph (A) without good cause and unless --
"(i) the Governor has given the agency 30 days notice of the
intention to make such redesignation, including specification of
the good cause for such redesignation and an opportunity to
respond to the assertion that good cause has been shown;
"(ii) individuals with disabilities or their representatives
have timely notice of the redesignation and opportunity for public
comment; and
"(iii) the agency has the opportunity to appeal to the
Commissioner on the basis that the redesignation was not for good
cause.".
(c) MINIMUM STATE ALLOTMENTS. -- Section 112(e)(1) (29 U.S.C.
732(e)(1)) is amended --
(1) in subparagraph (B), by striking "and the Trust Territory
of the Pacific Islands." and inserting "and the Republic of Palau,
except that the Republic of Palau may receive such allotment under
this section only until the Compact of Free Association with Palau
takes effect.";
(2) in subparagraph (C), by striking "and the Trust Territory
of the Pacific Islands" and inserting "and the Republic of Palau";
and
(3) in subparagraph (D) --
(A) in clause (i), by striking "$75,000" and inserting
"$100,000"; and
(B) in clause (ii) --
(i) by striking "subsection (c)," and inserting "clause (i),";
(ii) by striking "minimum allotment under subparagraph (A)" and
inserting "minimum allotments under subparagraphs (A) and (B)";
and
(iii) by striking "fiscal year by more than" and all that
follows and inserting "fiscal year.".
(d) REPORT. -- Section 112(g) (29 U.S.C. 732(g)) is amended by
adding at the end the following new paragraphs:
"(5) Each such report shall contain information on the number
of requests the client assistance program under this section
receives annually, the number of requests such program is unable
to serve, and the reasons that the program is unable to serve all
the requests.
"(6) For purposes of such report or for any other periodic
audit, report, or evaluation of the performance of a client
assistance program under this section, the Secretary shall not
require such a program to disclose the identity of, or any other
personally identifiable information related to, any individual
requesting assistance under such program.".
(e) AUTHORIZATION OF APPROPRIATIONS. -- Section 112 (29 U.S.C. 732)
is amended --
(1) by striking subsection (h);
(2) by redesignating subsection (i) as subsection (h); and
(3) in subsection (h) (as so redesignated by paragraph (2) of
this subsection) by striking "$7,100,000" and all that follows and
inserting "such sums as may be necessary for fiscal years 1993
through 1997 to carry out the provisions of this section.".
SEC. 134. INNOVATION AND EXPANSION GRANTS.
(a) AMENDMENT. -- Part C of title I (29 U.S.C. 740 et seq.) is
amended to read as follows:
"SEC. 120. "29 USC 740" STATE ELIGIBILITY.
"Effective October 1, 1993, any State desiring to receive assistance
under this part and part B of this title shall prepare and submit to the
Commissioner a statewide strategic plan for developing and using
innovative approaches for achieving long-term success in expanding and
improving vocational rehabilitation services, including supported
employment services, provided under the State plan submitted under
section 101 and the supplement to the State plan submitted under part C
of title VI.
"SEC. 121. "29 USC 741" CONTENTS OF STRATEGIC PLANS.
"(a) PURPOSE AND POLICY. -- The strategic plan shall be designed to
achieve the purpose and policy of this title and carry out the State
plan and the supplement to the State plan submitted under part C of
title VI.
"(b) CONTENTS. -- The strategic plan shall include --
"(1) a statement of the mission, philosophy, values, and
principles of the vocational rehabilitation program in the State;
"(2) specific goals and objectives for expanding and improving
the system for providing the vocational rehabilitation program;
"(3) specific multifaceted and systemic approaches for
accomplishing the objectives, including interagency coordination
and cooperation, that build upon state-of-the-art practices and
research findings and that implement the State plan and the
supplement to the State plan submitted under part C of title VI;
"(4) a description of the specific programs, projects, and
activities funded under this part and how the programs, projects,
and activities accomplish the objectives; and
"(5) specific criteria for determining whether the objectives
have been achieved, an assurance that the State will conduct an
annual evaluation to determine the extent to which the objectives
have been achieved, and, if specific objectives have not been
achieved, the reasons that the objectives have not been achieved
and a description of alternative approaches that will be taken.
"SEC. 122. "29 USC 742" PROCESS FOR DEVELOPING STRATEGIC PLANS.
"(a) PERIOD AND UPDATES. -- The strategic plan shall cover a 3-year
period and shall be updated on an annual basis to reflect actual
experience over the previous year and input from the State
Rehabilitation Advisory Council established under section 105,
individuals with disabilities, and other interested parties.
"(b) RECOMMENDATIONS. -- Prior to developing the strategic plan, the
State shall hold public forums and meet with and receive recommendations
from members of the State Rehabilitation Advisory Council and the
Statewide Independent Living Council established under section 705.
"(c) CONSIDERATION OF RECOMMENDATIONS. -- The State shall consider
the recommendations and, if the State rejects the recommendations, shall
include a written explanation of the rejection in the strategic plan.
"(d) PROCEDURE. -- The State shall develop a procedure for ensuring
ongoing comment from the councils described in subsection (b) as the
plan is being implemented.
"(e) DISSEMINATION. -- The State shall widely disseminate the
strategic plan to individuals with disabilities, disability
organizations, rehabilitation professionals, and other interested
persons.
"SEC. 123. "29 USC 743" USE OF FUNDS.
"A State may use funds made available under this part, directly or by
grant, contract, or other arrangement, to carry out --
"(1) programs to initiate and expand employment opportunities
for individuals with severe disabilities in integrated settings
that allow for the use of on-the-job training to promote the
objectives of title I of the Americans with Disabilities Act of
1990 (42 U.S.C. 12111 et seq.);
"(2) programs or activities to improve the provision of, and
expand, employment services in integrated settings to individuals
with sensory, cognitive, physical, and mental impairments who have
traditionally not been served by the State vocational
rehabilitation agency;
"(3) programs and activities to maximize the ability of
individuals with disabilities to use rehabilitation technology in
employment settings;
"(4) programs and activities that --
"(A) assist employers in accommodating, evaluating, training,
or placing individuals with disabilities in the workplace of the
employer consistent with provisions of this Act and title I of the
Americans with Disabilities Act of 1990; and
"(B) may include short-term technical assistance or other
effective strategies;
"(5) programs and activities that expand and improve the extent
and type of client involvement in the review and selection of the
training and employment goals of the client;
"(6) programs and activities that expand and improve
opportunities for career advancement for individuals with severe
disabilities;
"(7) programs, projects, and activities designed to initiate,
expand, or improve working relationships between vocational
rehabilitation services provided under this title and independent
living services provided under title VII;
"(8) programs, projects, and activities designed to improve
functioning of the system for delivering vocational rehabilitation
services and to improve coordination and working relationships
with other State and local agencies, business, industry, labor,
community rehabilitation programs, and centers for independent
living, including projects designed to --
"(A) increase the ease of access to, timeliness of, and quality
of vocational rehabilitation services through the development and
implementation of policies, procedures, and systems and
interagency mechanisms for providing vocational rehabilitation
services;
"(B) improve the working relationships between State vocational
rehabilitation agencies, and other State agencies, centers for
independent living, community rehabilitation programs, educational
agencies involved in higher education, adult basic education, and
continuing education, and businesses, industry, and labor
organizations, in order to create and facilitate cooperation in --
"(i) planning and implementing services; and
"(ii) the development of an integrated system of
community-based vocational rehabilitation service that includes
appropriate transitions between service systems; and
"(C) improve the ability of professionals, clients, advocates,
business, industry, and labor to work in cooperative partnerships
to improve the quality of vocational rehabilitation services and
job and career opportunities for individuals with disabilities;
"(9) support efforts to ensure that the annual evaluation of
the effectiveness of the program in meeting the goals and
objectives set forth in the State plan, including the system for
evaluating the performance of rehabilitation counselors,
coordinators, and other personnel used in the State, facilitates
and does not impede the accomplishment of the purpose and policy
of this title, including serving, among others, individuals with
the most severe disabilities;
"(10) support the initiation, expansion, and improvement of a
comprehensive system of personnel development;
"(11) support the provision of training and technical
assistance to clients, business, industry, labor, community
rehabilitation programs, and others regarding the implementation
of the amendments made by the Rehabilitation Act Amendments of
1992, of title V of this Act, and of the Americans with
Disabilities Act of 1990; and
"(12) support the funding of the State Rehabilitation Advisory
Council and the Statewide Independent Living Council established
under section 705.
"SEC. 124. "29 USC 744" ALLOTMENTS AMONG STATES.
"(a) IN GENERAL. --
"(1) STATES. --
"(A) POPULATION BASIS. -- Except as provided in subparagraph
(B), from sums appropriated for each fiscal year to carry out this
part (not including sums used in accordance with section
101(a)(34)(B)), the Commissioner shall make an allotment to each
State whose State plan has been approved under section 101 of an
amount bearing the same ratio to such sums as the population of
the State bears to the population of all States.
"(B) MINIMUMS. -- Subject to the availability of
appropriations to carry out this part, the allotment to any State
under subparagraph (A) shall be not less than $200,000 or
one-third of one percent of the sums made available for the fiscal
year for which the allotment is made, whichever is greater, and
the allotment of any State under this section for any fiscal year
that is less than $200,000 or one-third of one percent of such
sums shall be increased to the greater of the two amounts.
"(2) CERTAIN TERRITORIES. --
"(A) IN GENERAL. -- For the purposes of this subsection, Guam,
American Samoa, the United States Virgin Islands, the Commonwealth
of the Northern Mariana Islands, and the Republic of Palau shall
not be considered to be States.
"(B) ALLOTMENT. -- Each jurisdiction described in subparagraph
(A) shall be allotted not less than one-eighth of one percent of
the amounts made available for purposes of this part for the
fiscal year for which the allotment is made, except that the
Republic of Palau may receive such allotment under this section
only until the Compact of Free Association with Palau takes
effect.
"(3) ADJUSTMENT FOR INFLATION. -- For purposes of determining
the minimum amount of an allotment under paragraph (1)(B), the
amount $200,000 shall, in the case of such allotments for fiscal
year 1994 and subsequent fiscal years, be increased to the extent
necessary to offset the effects of inflation occurring since
October 1992, as measured by the percentage increase in the
Consumer Price Index For All Urban Consumers (U.S. city average)
during the period ending on April 1 of the fiscal year preceding
the fiscal year for which the allotment is to be made.
"(b) PROPORTIONAL REDUCTION. -- Amounts necessary to provide
allotments to States in accordance with subsection (a)(1)(B) as
increased under subsection (a)(3), or to provide allotments in
accordance with subsection (a)(2)(B), shall be derived by
proportionately reducing the allotments of the remaining States under
subsection (a)(1), but with such adjustments as may be necessary to
prevent the allotment of any such remaining States from being thereby
reduced to less than the greater of $200,000 or one-third of one percent
of the sums made available for purposes of this part for the fiscal year
for which the allotment is made, as increased in accordance with
subsection (a)(3).
"(c) REALLOTMENT. -- Whenever the Commissioner determines that any
amount of an allotment to a State for any fiscal year will not be
expended by such State for carrying out the provisions of this part, the
Commissioner shall make such amount available for carrying out the
purposes of this part to one or more of the States that the Commissioner
determines will be able to use additional amounts during such year for
carrying out such provisions. Any amount made available to a State for
any fiscal year pursuant to the preceding sentence shall, for the
purposes of this section, be regarded as an increase in the allotment of
the State (as detrmined under the preceding provisions of this section)
for such year.".
(b) TECHNICAL AMENDMENT. -- The table of contents relating to the
Act is amended by striking the items relating to part C of title I and
inserting the following:
"Sec. 120. State eligibility.
"Sec. 121. Contents of strategic plans.
"Sec. 122. Process for developing strategic plans.
"Sec. 123. Use of funds.
"Sec. 124. Allotments among States.".
SEC. 135. STUDY OF NEEDS OF AMERICAN INDIANS WITH HANDICAPS.
(a) REPEAL. -- Part D of title I is amended by repealing section 131
(29 U.S.C. 751) "29 USC 752".
(b) TABLE OF CONTENTS. -- The table of contents relating to the Act
is amended by striking the item relating to section 131.
SEC. 136. "29 USC 712 note" REVIEW OF DATA COLLECTION SYSTEM.
(a) REVIEW. -- The Commissioner of the Rehabilitation Services
Administration (in this section referred to as the 'Commissioner') shall
undertake a comprehensive review of the current system for collecting
and reporting client data under the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.), particularly data on clients of the programs under
title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.).
(b) CONSIDERATIONS. --
(1) IN GENERAL. -- In conducting the review, the Commissioner
shall examine the kind, quantity, and quality of the data that are
currently reported, taking into consideration the range of
purposes that the data serve at the Federal, State, and local
levels.
(2) DATA ELEMENTS. -- In conducting the review, the
Commissioner shall examine the feasibility of collecting and
reporting under the system information, if such information can be
determined, regarding --
(A) other program participation by clients during the 3 years
prior to application;
(B) the number of jobs held, hours worked, and earnings
received by clients in the 3 years prior to application to a
program under the Rehabilitation Act of 1973;
(C) the types of major and secondary disabilities of clients;
(D) the dates of the onset of disabilities of clients;
(E) the severity of the disabilities of clients;
(F) the sources of referral of clients to programs under such
Act;
(G) the hours worked by clients;
(H) the size and industry code of the place of employment of
clients at the time of entry into such a program and at the
termination of services under the program;
(I) the number of services provided under the programs and the
cost of each service;
(J) the types of public support received by the clients;
(K) the primary sources of economic support and amounts of
public assistance received by the clients before and after
receiving the services;
(L) whether the clients are covered by health insurance from
any source and whether health insurance is available through the
employment of the client;
(M) the supported employment status of the client; and
(N) the reasons for terminating the services.
(c) RECOMMENDATIONS. -- Based on the review, the Commissioner shall
recommend improvements in the data collection and reporting system.
(d) VIEWS. -- In developing the recommendations, the Commissioner
shall seek views of persons and entities providing or using such data,
including State agencies, State Rehabilitation Advisory Councils,
providers of vocational rehabilitation services, professionals in the
field of vocational rehabilitation, clients and organizations
representing clients, the National Council on Disability, other Federal
agencies, non-Federal researchers, other analysts using the data, and
other members of the public.
(e) PUBLICATION AND SUBMISSION OF REPORT. -- Not later than 18
months after the date of the enactment of this Act, the Commissioner
shall publish the recommendations in the Federal Register and shall
prepare and submit a report containing the recommendations to the
appropriate committees of Congress. The Commissioner shall not
implement the recommendations earlier than 90 days after the date on
which the Commissioner submits the report.
SEC. 137. "29 USC 712 note" EXCHANGE OF DATA.
The Secretary of Education and the Secretary of Health and Human
Services shall enter into a memorandum of understanding for the purpose
of exchanging data of mutual importance, regarding clients of State
vocational rehabilitation agencies, that are contained in databases
maintained by the Rehabilitation Services Administration, as required
under section 13 of the Rehabilitation Act of 1973 (29 U.S.C. 712), and
the Social Security Administration, from its Summary Earnings and
Records and Master Beneficiary Records. For purposes of the exchange,
the Social Security data shall not be considered tax information and, as
appropriate, the confidentiality of all client information shall be
maintained by both agencies.
SEC. 138. "29 USC 701 note" EFFECTIVE DATE.
(a) EFFECTIVE DATE. -- Except as provided in subsection (b), this
title and the amendments made by this title shall take effect on the
date of enactment of this Act.
(b) STATE PLAN. -- The Secretary of Education shall implement the
amendments made by section 122 of this Act to section 101 of the
Rehabilitation Act of 1973 (29 U.S.C. 721), as soon as is practicable
after the date of enactment of this Act, consistent with the effective
and efficient administration of the Rehabilitation Act of 1973, but not
later than October 1, 1993.
SEC. 201. DECLARATION OF PURPOSE.
Section 200 (29 U.S.C. 760) is amended by striking paragraphs (1)
through (4) and inserting the following:
"(1) provide for research, demonstration projects, training,
and related activities to maximize the full inclusion and
integration into society, employment, independent living, family
support, and economic and social self-sufficiency of individuals
with disabilities of all ages, with particular emphasis on
improving the effectiveness of services authorized under this Act;
"(2) provide for a comprehensive and coordinated approach to
the support and conduct of such research, demonstration projects,
training, and related activities and to ensure that the approach
is in accordance with the long-range plan for research developed
under section 202(g);
"(3) promote the transfer of rehabilitation technology to
individuals with disabilities through research and demonstration
projects relating to --
"(A) the procurement process for the purchase of rehabilitation
technology;
"(B) the utilization of rehabilitation technology on a national
basis; and
"(C) specific adaptations or customizations of products to
enable individuals with disabilities to live more independently;
"(4) ensure the widespread distribution, in usable formats, of
practical scientific and technological information --
"(A) generated by research, demonstration projects, training,
and related activities; and
"(B) regarding state-of-the-art practices, improvements in the
services authorized under this Act, rehabilitation technology, and
new knowledge regarding disabilities,
to rehabilitation professionals, individuals with disabilities,
and other interested parties;
"(5) identify effective strategies that enhance the
opportunities of individuals with disabilities to engage in
productive work; and
"(6) increase opportunities for researchers who are members of
traditionally underserved populations, including researchers who
are members of minority groups and researchers who are individuals
with disabilities.".
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
Section 201(a) (29 U.S.C. 761(a)) is amended --
(1) in paragraph (1) --
(A) by striking "other than expenses to carry out section 204"
and inserting "which shall include the expenses of the
Rehabilitation Research Advisory Council under section 205, and
shall not include the expenses of such Institute to carry out
section 204"; and
(B) by striking "fiscal year 1987" and all that follows through
the semicolon and inserting "each of fiscal years 1993 through
1997;"; and
(2) by striking paragraph (2) and inserting the following:
"(2) to carry out section 204, such sums as may be necessary
for each of fiscal years 1993 through 1997.".
SEC. 203. NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION
RESEARCH.
(a) ESTABLISHMENT. -- Section 202(a) (29 U.S.C. 761a(a)) is amended
--
(1) in the first sentence --
(A) by striking "In order" and all that follows through "there"
and inserting "(1) There"; and
(B) by striking the period at the end and inserting the
following: ", in order to --
"(A) promote, coordinate, and provide for --
"(i) research;
"(ii) demonstration projects; and
"(iii) related activities, with respect to individuals with
disabilities;
"(B) more effectively carry out activities through the programs
under section 204;
"(C) widely disseminate information from the activities
described in clauses (i) through (iii) of subparagraph (A) and
subparagraph (B); and
"(D) provide leadership in advancing the quality of life of
individuals with disabilities."; and
(2) by striking the second sentence and inserting the
following:
"(2) In the performance of the functions of the office, the Director
shall be directly responsible to the Secretary or to the same Under
Secretary or Assistant Secretary of the Department of Education to whom
the Commissioner is responsible under section 3(a).".
(b) RESPONSIBILITIES. -- Section 202(b) (29 U.S.C. 761a(b)) is
amended --
(1) by striking paragraph (2) and inserting the following:
"(2) widely disseminating findings, conclusions, and
recommendations, resulting from research, demonstration projects,
and related activities funded by the Institute, to --
"(A) other Federal, State, tribal, and local public agencies;
"(B) private organizations engaged in research relating to
rehabilitation or providing rehabilitation services;
"(C) rehabilitation practitioners; and
"(D) individuals with disabilities and the parents, family
members, guardians, advocates, or authorized representatives of
the individuals;";
(2) by striking paragraph (4) and inserting the following:
"(4) widely disseminating educational materials and research
results, concerning ways to maximize the full inclusion and
integration into society, employment, independent living, family
support, and economic and social self-sufficiency of individuals
with disabilities, to --
"(A) public and private entities, including --
"(i) elementary and secondary schools (as defined in paragraphs
(8) and (21), respectively, of section 1471 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2891(8) and (21)); and
"(ii) institutions of higher education;
"(B) rehabilitation practitioners;
"(C) individuals with disabilities (especially such individuals
who are members of minority groups or of populations that are
unserved or underserved by programs under this Act); and
"(D) the parents, family members, guardians, advocates, or
authorized representatives of the individuals;";
(3) by striking paragraph (6) and inserting the following:
"(6) conducting conferences, seminars, and workshops (including
in-service training programs and programs for individuals with
disabilities) concerning advances in rehabilitation research and
rehabilitation technology, pertinent to the full inclusion and
integration into society, employment, independent living, family
support, and economic and social self-sufficiency of individuals
with disabilities;";
(4) in paragraph (7), by striking "; and" and inserting ",
including dissemination activities;";
(5) in paragraph (8) --
(A) by inserting "the Health Care Financing Administration,"
after "the Bureau of the Census,";
(B) by inserting "widely" before "disseminating";
(C) by inserting "and others to assist in the planning and
evaluation" and inserting ", individuals with disabilities, the
parents family members, guardians, advocates, or authorized
representatives of such individuals, and others to assist in the
planning, assessment, and evaluation"; and
(D) by striking the period at the end and inserting a
semicolon; and
(6) by adding at the end the following paragraphs:
"(9) conducting research on consumer satisfaction with
vocational rehabilitation services for the purpose of identifying
effective rehabilitation programs and policies that promote the
independence of individuals with disabilities and achievement of
long-term vocational goals;
"(10) conducting research to examine the relationship between
the provision of specific services and long-term vocational
outcomes; and
"(11) coordinating activities with the Attorney General
regarding the provision of information, training, or technical
assistance regarding the Americans with Disabilities Act of 1990
(42 U.S.C. 12101 et seq.) to ensure consistency with the plan for
technical assistance required under section 506 of such Act (42
U.S.C. 12206).".
(c) DIRECTOR. --
(1) IN GENERAL. -- Section 202(c)(1) (29 U.S.C. 761a(c)(1)) is
amended --
(A) in the first sentence, by striking "appointed by the
President, by and with the advice and consent of the Senate." and
inserting "appointed by the Secretary, except that the person
serving as the Director on the date of the enactment of the
Rehabilitation Act Amendments of 1992 may, at the pleasure of the
President, continue to serve as Director."; and
(B) by striking the fourth sentence.
(2) QUALIFICATIONS. -- Section 202(c)(2) (29 U.S.C.
761a(c)(2)) is amended --
(A) by inserting after the first sentence the following: "The
Deputy Director shall be an individual with substantial experience
in rehabilitation and in research administration.";
(B) in the sentence beginning "The Deputy Director shall be
compensated" --
(i) by striking "the rate provided for grade GS-17 of the
General Schedule under section 5332" and inserting "the rate of
pay for level 4 of the Senior Executive Service Schedule under
section 5382"; and
(ii) by striking "or disability of the Director" and inserting
"of the Director or the inability of the Director to perform the
essential functions of the job"; and
(C) by striking the last sentence.
(d) FELLOWSHIPS. -- Section 202(d) (29 U.S.C. 761a(d)) is amended by
inserting ", including individuals with disabilities," after "fellows".
(e) SCIENTIFIC REVIEW. -- Section 202(e) (29 U.S.C. 761a(e)) is
amended --
(1) by inserting "(1)" after the subsection designation;
(2) by striking "rehabilitation field." and inserting the
following: "rehabilitation field (including experts in the
independent living field) competent to review research grants and
programs, including knowledgeable individuals with disabilities,
and the parents, family members, guardians, advocates, or
authorized representatives of the individuals. The Director shall
solicit nominations for such peer review groups from the public
and shall publish the names of the individuals selected.
Individuals comprising each peer review group shall be selected
from a pool of qualified individuals to facilitate knowledgeable,
cost-effective review."; and
(3) by adding at the end the following:
"(2) In providing for such scientific review, the Secretary shall
provide for training of such individuals and mechanisms to receive input
from individuals with disabilities, and from the parents, family
members, guardians, advocates, or authorized representatives of the
individuals.".
(f) USE OF FUNDS. -- Section 202 (29 U.S.C. 761a) is amended by
striking subsection (f) and inserting the following:
"(f) Not less than 90 percent of the funds appropriated under this
title for any fiscal year shall be expended by the Director to carry out
activities under this title through grants, contracts, or cooperative
agreements. Up to 10 percent of the funds appropriated under this title
for any fiscal year may be expended directly for the purpose of carrying
out the functions of the Director under this section.".
(g) LONG-RANGE PLAN. -- Section 202(g) (29 U.S.C. 761a(g)) is
amended --
(1) in the matter preceding paragraph (1), by striking "within
eighteen months after the effective date of this section";
(2) in paragraph (1), by striking "problems encountered" and
all that follows and inserting "full inclusion and integration
into society of individuals with disabilities, especially in the
area of employment;";
(3) by striking "and" at the end of paragraph (2);
(4) by striking the period at the end of paragraph (3) and
inserting "; and"; and
(5) by adding at the end the following new paragraphs:
"(4) be developed in consultation with the Rehabilitation
Research Advisory Council established under section 205 and after
full consideration of the input of individuals with disabilities
and the parents, family members, guardians, advocates, or
authorized representatives of the individuals, organizations
representing individuals with disabilities, providers of services
furnished under this Act, and researchers in the rehabilitation
field;
"(5) specify plans for widespread dissemination of research
results in accessible formats to rehabilitation practitioners,
individuals with disabilities, and the parents, family members,
guardians, advocates, or authorized representatives of the
individuals;
"(6) specify plans for widespread dissemination of research
results that concern individuals with disabilities who are members
of minority groups or of populations that are unserved or
underserved by programs under this Act;
"(7) be developed by the Director --
"(A) in coordination with the Commissioner; and
"(B) in consultation with the National Council on Disability
established under title IV, the Secretary of Education, officials
responsible for the administration of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et
seq.), the Interagency Committee on Disability Research
established under section 203, individuals with disabilities, the
parents, family members, guardians, advocates, or authorized
representatives of the individuals, and any other persons or
entities the Director considers appropriate; and
"(8) be revised, in the manner required by this section --
"(A) at least once every 5 years; and
"(B) at any time determined to be necessary by the Director.".
(h) RESEARCH PROGRAM. -- Section 202(i)(2) (29 U.S.C. 761a(i)(2)) is
amended by striking "this section" and inserting "this title".
(i) PEDIATRIC REHABILITATION RESEARCH. -- Section 202(j) (29 U.S.C.
761a(j)) is amended --
(1) in paragraph (1), by striking "for the establishment of"
and inserting "to support"; and
(2) in paragraphs (2) and (3), by striking "establish" and
inserting "support".
(j) REHABILITATION RESEARCHERS. -- Section 202(k) (29 U.S.C.
761a(k)) is amended by striking "researchers" and all that follows and
inserting the following: "rehabilitation researchers, including
individuals with disabilities, with particular attention to research
areas that support the implementation and objectives of this Act and
that improve the effectiveness of services authorized under this Act.".
(k) RECOMMENDATIONS AND STUDY. -- Section 202 (29 U.S.C. 761a) is
amended by striking subsections (l) and (m).
SEC. 204. INTERAGENCY COMMITTEE.
(a) ESTABLISHMENT. -- Section 203(a)(1) (29 U.S.C. 761b(a)(1)) is
amended by inserting "the Commissioner of the Rehabilitation Services
Administration, the Assistant Secretary for Special Education and
Rehabilitative Services," after "designees): the Director,".
(b) IDENTIFICATION, ASSESSMENT, AND COORDINATION. -- Section 203(b)
(29 U.S.C. 761b(b)) is amended by striking "The" and inserting "After
receiving input from individuals with disabilities and the parents,
family members, guardians, advocates, or authorized representatives of
the individuals, the".
(c) REPORT. -- Section 203(c) (29 U.S.C. 761b(c)) is amended by
striking ", not later than" and all that follows through "shall" and
inserting "shall annually".
SEC. 205. RESEARCH.
(a) IN GENERAL. -- Section 204(a) (29 U.S.C. 762(a)) is amended --
(1) in the first sentence, by striking "demonstrations," and
all that follows and inserting "demonstration projects, training,
and related activities, the purposes of which are to develop
methods, procedures, and rehabilitation technology, that maximize
the full inclusion and integration into society, employment,
independent living, family support, and economic and social
self-sufficiency of individuals with disabilities, especially
individuals with the most severe disabilities, and improve the
effectiveness of services authorized under this Act. In carrying
out this section, the Director shall emphasize projects that
support the implementation of titles I, III, VI, VII, and VIII.";
and
(2) in the last sentence --
(A) by inserting after "Such projects" the following: ", as
described in the State plans submitted by State agencies,";
(B) by striking "special problems of homebound and
institutionalized individuals" and inserting "studies and analysis
of special problems of individuals who are homebound and
individuals who are institutionalized"; and
(C) by striking the period at the end and inserting the
following: ", particularly individuals with disabilities, and
individuals with the most severe disabilities, who are members of
populations that are unserved or underserved by programs under
this Act.".
(b) RESEARCH ACTIVITIES. -- Section 204(b) (29 U.S.C. 762(b)) is
amended --
(1) by redesignating paragraphs (4) through (15) as paragraphs
(5) through (16), respectively;
(2) by striking the matter preceding paragraph (1) and all that
follows through paragraph (3) and inserting the following:
"(b)(1) In addition to carrying out projects under subsection (a),
the Director may make grants under this subsection (referred to in this
subsection as 'research grants') to pay part or all of the cost of the
specialized research or demonstration activities described in paragraphs
(2) through (16).
"(2)(A) Research grants may be used for the establishment and support
of Rehabilitation Research and Training Centers, for the purpose of
providing an integrated program of research, which Centers shall --
"(i) be operated in collaboration with institutions of higher
education or providers of rehabilitation services or other
appropriate services; and
"(ii) serve as centers of national excellence and national or
regional resources for providers and individuals with disabilities
and the parents, family members, guardians, advocates, or
authorized representatives of the individuals.
"(B) The Centers shall conduct research and training activities by --
"(i) conducting coordinated and advanced programs of research
in rehabilitation targeted toward the production of new knowledge
that will improve rehabilitation methodology and service delivery
systems, alleviate or stabilize disabling conditions, and promote
maximum social and economic independence of individuals with
disabilities;
"(ii) providing training (including graduate, pre-service, and
in-service training) to assist individuals to more effectively
provide rehabilitation services;
"(iii) providing training (including graduate, pre-service, and
in-service training) for rehabilitation research personnel and
other rehabilitation personnel; and
"(iv) serving as an informational and technical assistance
resource to providers, individuals with disabilities, and the
parents, family members, guardians, advocates, or authorized
representatives of the individuals, through conferences,
workshops, public education programs, in-service training
programs, and similar activities.
"(C) The research to be carried out at each such Center may include
--
"(i) basic or applied medical rehabilitation research;
"(ii) research regarding the psychological and social aspects
of rehabilitation, including disability policy;
"(iii) research related to vocational rehabilitation;
"(iv) continuation of research that promotes the emotional,
social, educational, and functional growth of children who are
individuals with disabilities;
"(v) continuation of research to develop and evaluate
interventions, policies, and services that support families of
those children and adults who are individuals with disabilities;
and
"(vi) continuation of research that will improve services and
policies that foster the productivity, independence, and social
integration of individuals with disabilities, and enable
individuals with disabilities, including individuals with mental
retardation and other developmental disabilities, to live in their
communities.
"(D) Training of students preparing to be rehabilitation personnel
shall be an important priority for such a Center.
"(E) The Director shall make grants under this paragraph to establish
and support both comprehensive centers dealing with multiple
disabilities and centers primarily focused on particular disabilities.
"(F) Grants made under this paragraph may be used to provide funds
for services rendered by such a Center to individuals with disabilities
in connection with the research and training activities.
"(G) Grants made under this paragraph may be used to provide faculty
support for teaching --
"(i) rehabilitation related courses of study for credit; and
"(ii) other courses offered by the Centers, either directly or
through another entity.
"(H) The research and training activities conducted by such a Center
shall be conducted in a manner that is accessible to and usable by
individuals with disabilities.
"(I) The Director shall encourage the Centers to develop practical
applications for the findings of the research of the Centers.
"(J) In awarding grants under this paragraph, the Director shall take
into consideration the location of any proposed Center and the
appropriate geographic and regional allocation of such Centers.
"(K) To be eligible to receive a grant under this paragraph, each
such institution or provider shall --
"(i) be of sufficient size, scope, and quality to effectively
carry out the activities in an efficient manner consistent with
appropriate State and Federal law; and
"(ii) demonstrate the ability to carry out the training
activities either directly or through another entity that can
provide such training.
"(L) The Director shall make grants under this paragraph for periods
of 5 years, except that the Director may make a grant for a period of
less than 5 years if --
"(i) the grant is made to a new recipient; or
"(ii) the grant supports new or innovative research.
"(M) Grants made under this paragraph shall be made on a competitive
basis. To be eligible to receive a grant under this paragraph, a
prospective grant recipient shall submit an application to the Director
at such time, in such manner, and containing such information as the
Director may require.
"(N) The Director shall establish a system of peer review of
applications for grants under this paragraph. The peer review of an
application for the renewal of a grant made under this paragraph shall
take into account the past performance of the applicant in carrying out
the grant and input from individuals with disabilities and the parents,
family members, guardians, advocates, or authorized representatives of
the individuals.
"(O) An institution or provider that receives a grant under this
paragraph to establish such a Center may not collect more than 15
percent of the amount of the grant received by the Center in indirect
cost charges.
"(3)(A) Research grants may be used for the establishment and support
of Rehabilitation Engineering Research Centers, operated by or in
collaboration with institutions of higher education or nonprofit
organizations, to conduct research or demonstration activities, and
training activities, regarding rehabilitation technology, including
rehabilitation engineering, assistive technology devices, and assistive
technology services, for the purposes of enhancing opportunities for
better meeting the needs of, and addressing the barriers confronted by,
individuals with disabilities in all aspects of their lives.
"(B) In order to carry out the purposes set forth in subparagraph
(A), such a Center shall carry out the research or demonstration
activities by --
"(i) developing and disseminating innovative methods of
applying advanced technology, scientific achievement, and
psychological and social knowledge to --
"(I) solve rehabilitation problems and remove environmental
barriers through planning and conducting research, including
cooperative research with public or private agencies and
organizations, designed to produce new scientific knowledge, and
new or improved methods, equipment, and devices; and
"(II) study new or emerging technologies, products, or
environments, and the effectiveness and benefits of such
technologies, products, or environments;
"(ii) demonstrating and disseminating --
"(I) innovative models for the delivery, to rural and urban
areas, of cost-effective rehabilitation technology services that
promote utilization of assistive technology devices; and
"(II) other scientific research to assist in meeting the
employment and independent living needs of individuals with severe
disabilities; or
"(iii) conducting research or demonstration activities that
facilitate service delivery systems change by demonstrating,
evaluating, documenting, and disseminating --
"(I) consumer responsive and individual and family centered
innovative models for the delivery to both rural and urban areas,
of innovative cost-effective rehabilitation technology services
that promote utilization of rehabilitation technology; and
"(II) other scientific research to assist in meeting the
employment and independent living needs of, and addressing the
barriers confronted by, individuals with disabilities, including
individuals with severe disabilities.
"(C) To the extent consistent with the nature and type of research or
demonstration activities described in subparagraph (B), each Center
established or supported through a grant made available under this
paragraph shall --
"(i) cooperate with programs established under the
Technology-Related Assistance to Individuals With Disabilities Act
of 1988 (29 U.S.C. 2201 et seq.) and other regional and local
programs to provide information to individuals with disabilities
and the parents, family members, guardians, advocates, or
authorized representatives of the individuals, to --
"(I) increase awareness and understanding of how rehabilitation
technology can address their needs; and
"(II) increase awareness and understanding of the range of
options, programs, services, and resources available, including
financing options for the technology and services covered by the
area of focus of the Center";
"(ii) provide training opportunities to individuals, including
individuals with disabilities, to become researchers of
rehabilitation technology and practitioners of rehabilitation
technology in conjunction with institutions of higher education
and nonprofit organizations; and
"(iii) respond, through research or demonstration activities,
to the needs of individuals with all types of disabilities who may
benefit from the application of technology within the area of
focus of the Center.
"(D)(i) In establishing Centers to conduct the research or
demonstration activities described in subparagraph (B)(iii), the
Director may establish one Center in each of the following areas of
focus:
"(I) Early childhood services, including early intervention and
family support.
"(II) Education at the elementary and secondary levels,
including transition from school to postschool activities.
"(III) Employment, including supported employment, and
reasonable accommodations and the reduction of environmental
barriers as required by the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.) and title V.
"(IV) Independent living, including transition from
institutional to community living, maintenance of community living
on leaving the work force, self-help skills, and activities of
daily living.
"(ii) Each Center conducting the research or demonstration activities
described in subparagraph (B)(iii) shall have an advisory committee, of
which the majority of members are individuals with disabilities who are
users of rehabilitation technology, and the parents, family members,
guardians, advocates, or authorized representatives of users of
rehabilitation technology.
"(E) Grants made under this paragraph shall be made on a competitive
basis and shall be for a period of 5 years, except that the Director may
make a grant for a period of less than 5 years if --
"(i) the grant is made to a new recipient; or
"(ii) the grant supports new or innovative research.
"(F) To be eligible to receive a grant under this paragraph, a
prospective grant recipient shall submit an application to the Director
at such time, in such manner, and containing such information as the
Director may require.
"(G) Each Center established or supported through a grant made
available under this paragraph shall --
"(i) cooperate with State agencies and other local, State,
regional, and national programs and organizations developing or
delivering rehabilitation technology, including State programs
funded under the Technology-Related Assistance for Individuals
With Disabilities Act of 1988 (29 U.S.C. 2201 et seq.); and
"(ii) prepare and submit to the Director as part of an
application for continuation of a grant, or as a final report, a
report that documents the outcomes of the program in terms of both
short -- and long-term impact on the lives of individuals with
disabilities, and such other information as may be requested by
the Director.
"(4)(A) Research grants may be used to conduct a program for spinal
cord injury research, including conducting such a program by making
grants to public or private agencies and organizations to pay part or
all of the costs of special projects and demonstration projects for
spinal cord injuries, that will --
"(i) ensure widespread dissemination of research findings among
all Spinal Cord Injury Centers, to rehabilitation practitioners,
individuals with spinal cord injury, the parents, family members,
guardians, advocates, or authorized representatives of such
individuals, and organizations receiving financial assistance
under this paragraph;
"(ii) provide encouragement and support for initiatives and new
approaches by individual and institutional investigators; and
"(iii) establish and maintain close working relationships with other
governmental and voluntary institutions and organizations engaged in
similar efforts in order to unify and coordinate scientific efforts,
encourage joint planning, and promote the interchange of data and
reports among spinal cord injury investigations.
"(B) Any agency or organization carrying out a project or
demonstration project assisted by a grant under this paragraph that
provides services to individuals with spinal cord injuries shall --
"(i) establish, on an appropriate regional basis, a
multidisciplinary system of providing vocational and other
rehabilitation services, specifically designed to meet the special
needs of individuals with spinal cord injuries, including acute
care as well as periodic inpatient or outpatient followup and
services;
"(ii) demonstrate and evaluate the benefits to individuals with
spinal cord injuries served in, and the degree of cost
effectiveness of, such a regional system;
"(iii) demonstrate and evaluate existing, new, and improved
methods and equipment essential to the care, management, and
rehabilitation of individuals with spinal cord injuries; and
"(iv) demonstrate and evaluate methods of community outreach
for individuals with spinal cord injuries and community education
in connection with the problems of such individuals in areas such
as housing, transportation, recreation, employment, and community
activities.
"(C) In awarding grants under this paragraph, the Director shall take
into account the location of any proposed Spinal Cord Injury Center and
the appropriate geographic and regional allocation of such Centers.";
(3) in paragraphs (5) through (16) (as so redesignated by
paragraph (1) of this subsection), by striking "Conduct of" the
first place in each such paragraph that the term appears and
inserting "Research grants may be used to conduct";
(4) in paragraph (9) (as so redesignated by paragraph (1) of
this subsection), to read as follows:
"(9) Research grants may be used to conduct a program of research
related to the rehabilitation of children, or older individuals, who are
individuals with disabilities, including older American Indians who are
individuals with disabilities. Such research program may include
projects designed to assist the adjustment of, or maintain as residents
in the community, older workers who are individuals with disabilities on
leaving the work force.";
(5) in paragraph (12)(A) (as so redesignated by paragraph (1)
of this subsection), by inserting "assessment," after "early
intervention,"; and
(6) in paragraph (13) (as so redesignated by paragraph (1) of
this subsection) --
(A) in the matter preceding subparagraph (A), by striking
"developing the employment potential" and inserting "addressing
the employment needs"; and
(B) in subparagraph (B), by striking "potential" and inserting
"needs".
SEC. 206. REHABILITATION RESEARCH ADVISORY COUNCIL.
(a) COUNCIL. -- Title II (29 U.S.C. 760 et seq.) is amended by
adding at the end the following new section:
"SEC. 205. "29 USC 765" (a) ESTABLISHMENT. -- Subject to the
availability of appropriations, the Secretary shall establish in the
Department of Education a Rehabilitation Research Advisory Council
(referred to in this section as the 'Council') composed of 12 members
appointed by the Secretary.
"(b) DUTIES. -- The Council shall advise the Director with respect
to research priorities and the development and revision of the
long-range plan required by section 202(g).
"(c) QUALIFICATIONS. -- Members of the Council shall be generally
representative of the community of rehabilitation professionals, the
community of rehabilitation researchers, the community of individuals
with disabilities, and the parents, family members, guardians,
advocates, or authorized representatives of the individuals. At least
one-half of the members shall be individuals with disabilities or
parents, family members, guardians, advocates, or authorized
representatives of the individuals.
"(d) TERMS OF APPOINTMENT. --
"(1) LENGTH OF TERM. -- Each member of the Council shall serve
for a term of up to 3 years, determined by the Secretary, except
that --
"(A) a member appointed to fill a vacancy occurring prior to
the expiration of the term for which a predecessor was appointed,
shall be appointed for the remainder of such term; and
"(B) the terms of service of the members initially appointed
shall be (as specified by the Secretary) for such fewer number of
years as will provide for the expiration of terms on a staggered
basis.
"(2) NUMBER OF TERMS. -- No member of the Council may serve
more than two consecutive full terms. Members may serve after the
expiration of their terms until their successors have taken
office.
"(e) VACANCIES. -- Any vacancy occurring in the membership of the
Council shall be filled in the same manner as the original appointment
for the position being vacated. The vacancy shall not affect the power
of the remaining members to execute the duties of the Council.
"(f) PAYMENT AND EXPENSES. --
"(1) PAYMENT. -- Each member of the Council who is not an
officer or full-time employee of the Federal Government shall
receive a payment of $150 for each day (including travel time)
during which the member is engaged in the performance of duties
for the Council. All members of the Council who are officers or
full-time employees of the United States shall serve without
compensation in addition to compensation received for their
services as officers or employees of the United States.
"(2) TRAVEL EXPENSES. -- Each member of the Council may
receive travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United
States Code, for employees serving intermittently in the
Government service, for each day the member is engaged in the
performance of duties away from the home or regular place of
business of the member.
"(g) DETAIL OF FEDERAL EMPLOYEES. -- On the request of the Council,
the Secretary may detail, with or without reimbursement, any of the
personnel of the Department of Education to the Council to assist the
Council in carrying out its duties. Any detail shall not interrupt or
otherwise affect the civil service status or privileges of the Federal
employee.
"(h) TECHNICAL ASSISTANCE. -- On the request of the Council, the
Secretary shall provide such technical assistance to the Council as the
Council determines to be necessary to carry out its duties.
"(i) TERMINATION. -- Section 14 of the Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply with respect to the Council.".
(b) TABLE OF CONTENTS. -- The table of contents relating to the Act
is amended by inserting after the item relating to section 204 the
following:
"Sec. 205. Rehabilitation Research Advisory Council.".
SEC. 301. DECLARATION OF PURPOSE; ORGANIZATION.
(a) PURPOSE. -- Section 300 (29 U.S.C. 770) is amended --
(1) by redesignating paragraphs (1) through (4) as paragraphs
(4), (3), (2), and (5), respectively;
(2) by inserting paragraphs (2) and (3) (as so redesignated by
paragraph (1) of this subsection), respectively, before paragraph
(4) (as so redesignated by paragraph (1) of this subsection);
(3) by inserting before paragraph (2) the following:
"(1) authorize grants and contracts to --
"(A) ensure that skilled personnel are available to provide
rehabilitation services to individuals with disabilities through
vocational, medical, social, and psychological rehabilitation
programs, through supported employment programs, through
independent living services programs, and through client
assistance programs;
"(B) maintain and upgrade basic skills and knowledge of
personnel employed to provide state-of-the-art service delivery
systems and rehabilitation technology services; and
"(C) provide training and information to individuals with
disabilities, the parents, families, guardians, advocates, and
authorized representatives of the individuals, and other
appropriate parties to develop the skills necessary for
individuals with disabilities to access the rehabilitation system
and to become active decisionmakers in the rehabilitation
process;";
(4) in paragraph (2) (as so redesignated by paragraph (1)) by
striking "and" at the end;
(5) in paragraph (3) (as so redesignated by paragraph (1)) by
striking "training" and inserting "rehabilitation"; and
(6) in paragraph (4) (as so redesignated by paragraph (1)) by
striking "construction" and all that follows and inserting
"development and improvement of community rehabilitation programs;
and".
(b) ORGANIZATION. -- Title III (29 U.S.C. 770 et seq.) is amended --
(1) by striking the headings for the title and part A of the
title and inserting the following:
(2) by striking section 301 (29 U.S.C. 771);
(3) by redesignating sections 300, 302, 303, and 304 (29 U.S.C.
770, 772, 773, and 774) as sections 301, 303, 304, and 302, "29
USC 771a" respectively; and
(4) by inserting section 302 (as so redesignated by paragraph
(3) of this subsection) after section 301 "29 USC 771a".
(c) CONFORMING AMENDMENTS. -- The table of contents relating to
title III is amended to read as follows:
"Sec. 301. Declaration of purpose.
"Sec. 302. Training.
"Sec. 303. Vocational rehabilitation services for individuals with
disabilities.
"Sec. 304. Loan guarantees for community rehabilitation programs.
"Sec. 305. Comprehensive rehabilitation centers.
"Sec. 306. General grant and contract requirements.
"Sec. 310. Authorization of appropriations.
"Sec. 311. Special demonstration programs.
"Sec. 312. Migratory workers.
"Sec. 314. Reader services for individuals who are blind.
"Sec. 315. Interpreter services for individuals who are deaf.
"Sec. 316. Special recreational programs.".
SEC. 302. TRAINING.
(a) TRAINING GRANTS AND CONTRACTS. --
(1) CERTAIN PROJECTS. -- Section 302(a) (29 U.S.C. 774(a)) as
so redesignated by section 301(b)(3)) "29 USC 771a" is amended in
the first sentence --
(A) in the matter preceding paragraph (1) --
(i) by inserting after "traineeships, and related activities"
the following: ", including the provision of technical
assistance,"; and
(ii) by inserting ", and other services provided under this
Act," after "rehabilitation services";
(B) in paragraph (1), by striking "specially" and inserting
"specifically";
(C) in paragraph (2), by inserting before the comma at the end
the following: ", including needs for rehabilitation technology
services";
(D) in paragraph (3) --
(i) by striking "comprehensive services for independent living"
and inserting "independent living services"; and
(ii) by striking "and" at the end;
(E) by redesignating paragraph (4) as paragraph (5); and
(F) by inserting after paragraph (3) the following: "(4)
personnel specifically trained to deliver services, through
supported employment programs, to individuals with the most severe
disabilities, and";
(2) CERTAIN REQUIREMENTS; APPLICATION FOR ASSISTANCE. --
Section 302(a) (29 U.S.C. 774(a)), "29 USC 771a" as amended by
paragraph (1), is amended --
(A) by striking the second and third sentences;
(B) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively;
(C) by inserting "(1)" after the subsection designation; and
(D) by adding at the end the following paragraphs:
"(2) Grants and contracts under paragraph (1) may be expended for
scholarships, with necessary stipends and allowances.
"(3) In carrying out this subsection, the Commissioner shall furnish
training regarding the services provided under this Act, and, in
particular, services provided in accordance with amendments made by the
Rehabilitation Act Amendments of 1992, to rehabilitation counselors and
other rehabilitation personnel. In carrying out this subsection, the
Commissioner shall also furnish training to such counselors and
personnel regarding the applicability of section 504 of this Act, title
I of the Americans with Disabilities Act of 1990, and the provisions of
titles II and XVI of the Social Security Act that are related to work
incentives for individuals with disabilities.
"(4) The Commissioner, in carrying out this subsection, shall make
grants to Historically Black Colleges and Universities and other
institutions of higher education whose minority student enrollment is at
least 50 percent.
"(5) No grant shall be awarded under this section unless the
applicant has submitted an application to the Commissioner in such form,
and in accordance with such procedures, as the Commissioner may require.
Any such application shall include a detailed description of strategies
that will be utilized to recruit and train persons so as to reflect the
diverse populations of the United States, as part of the effort to
increase the number of individuals with disabilities and individuals who
are members of minority groups, who are available to provide
rehabilitation services.".
(b) PROJECTS. -- Section 302(b) (29 U.S.C. 774(b)) "29 USC 771a" is
amended --
(1) by striking paragraph (1) and inserting the following:
"(1)(A) In making such grants or contracts, the Commissioner shall
target funds made available for any year to areas of personnel shortage.
"(B) Projects described in subsection (a) may include --
"(i) projects to train personnel in the areas of vocational
rehabilitation counseling, rehabilitation technology,
rehabilitation medicine, rehabilitation nursing, rehabilitation
social work, rehabilitation psychiatry, rehabilitation psychology,
rehabilitation dentistry, physical therapy, occupational therapy,
speech pathology and audiology, physical education, therapeutic
recreation, community rehabilitation programs, or prosthetics and
orthotics;
"(ii) projects to train personnel to provide --
"(I) services to individuals with specific disabilities or
specific impediments to rehabilitation including individuals who
are members of populations that are unserved or underserved by
programs under this Act;
"(II) job development and job placement services to individuals
with disabilities;
"(III) supported employment services, including services of
employment specialists for individuals with disabilities;
"(IV) specialized services for individuals with severe
disabilities; or
"(V) recreation for individuals with disabilities; and
"(iii) projects to train personnel in other fields contributing
to the rehabilitation of individuals with disabilities."; and
(2) in paragraph (3)(A) --
(A) by inserting ", for any academic year beginning after June
1, 1992," after "who receives a scholarship"; and
(B) by striking clause (i) and inserting the following:
"(i) maintain employment --
"(I) in a nonprofit rehabilitation agency or related agency or
in a State rehabilitation agency or related agency, including a
professional corporation or professional practice group through
which the individual has a service arrangement with the designated
State agency;
"(II) on a full -- or part-time basis; and
"(III) for a period of not less than the full-time equivalent
of 2 years for each year for which assistance under this section
was received,
within a period, beginning after the recipient completes the
training for which the scholarship was awarded, of not more than
the sum of the number of years in the period described in
subclause (III) and 2 additional years; and".
(c) TECHNICIAN TRAINING; CAREER ADVANCEMENT AND COMPETENCY-BASED
TRAINING. -- Section 302 (29 U.S.C. 774) "29 USC 771a" is amended --
(1) by redesignating subsections (d) through (f) as subsections
(f) through (h), respectively; and
(2) by inserting after subsection (c) the following
subsections:
"(d) In carrying out subsection (a), the Commissioner shall award two
grants to States, public or nonprofit private agencies and
organizations, and institutions of higher education to support the
development of rehabilitation technician programs. Such programs shall
be designed to train local employees, who are recruited from or reside
in a community historically unserved or underserved by programs
providing vocational rehabilitation services under this Act, to be
liaisons between the community and vocational rehabilitation counselors.
The rehabilitation technician program shall provide a mechanism through
which individuals with disabilities residing in remote, isolated
settings can successfully access vocational rehabilitation services.
"(e)(1) In carrying out subsection (a), the Commissioner shall award
two grants to States, public or nonprofit private agencies and
organizations, and institutions of higher education to support the
formation of consortia or partnerships of public or nonprofit private
entities for the purpose of providing opportunities for career
advancement or competency-based training to current employees of public
or nonprofit private agencies that provide services to individuals with
disabilities. Such opportunities shall include certificate or degree
granting programs in vocational rehabilitation services and related
services.
"(2) An entity that receives a grant under paragraph (1) may use the
grant for purposes including --
"(A) establishing a program with an institution of higher
education to develop creative new programs and coursework options,
or to expand existing programs, concerning the fields of
vocational rehabilitation services and related services, including
--
"(i) providing release time for faculty and staff for
curriculum development; and
"(ii) paying for instructional costs and startup and other
program development costs;
"(B) establishing a career development mentoring program using
faculty and professional staff members of participating agencies
as role models, career sponsors, and academic advisors for
experienced State, city, and county employees, and volunteers, who
--
"(i) have demonstrated a commitment to working in the fields
described in clause (i); and
"(ii) are enrolled in a program relating to such a field at an
institution of higher education;
"(C) supporting a wide range of programmatic and research
activities aimed at increasing opportunities for career
advancement and competency-based training in such fields; and
"(D) identifying existing public or private agency and labor
union personnel policies and benefit programs that may facilitate
the ability of employees to take advantage of higher education
opportunities, such as leave time and tuition reimbursement.
"(3) In making grants for projects under paragraph (1), the
Commissioner shall ensure that the projects shall be geographically
distributed throughout the United States in urban and rural areas.
"(4) The Commissioner shall, for the purpose of providing technical
assistance to States or entities receiving grants under paragraph (1),
enter into a cooperative agreement through a separate competition with
an entity that has successfully demonstrated the capacity and expertise
in the education, training, and retention of employees to serve
individuals with disabilities through the use of consortia or
partnerships established for the purpose of retraining the existing work
force and providing opportunities for career enhancement.
"(5) The Commissioner may conduct an evaluation of projects funded
under this subsection.
"(6) During the period in which an entity is receiving financial
assistance under paragraph (1), the entity may not receive financial
assistance under paragraph (4).".
(d) OFFICE OF DEAFNESS AND COMMUNICATIVE DISORDERS. -- Section
302(f) (29 U.S.C. 774(f)) "29 USC 771a" (as so redesignated by
subsection (c) is amended --
(1) in paragraph (1) --
(A) in the first sentence --
(i) by striking "deaf individuals" and inserting "individuals
who are deaf and individuals who are deaf-blind";
(ii) by striking "Office of Information and Resources for
Individuals With Disabilities" and inserting "Office of Deafness
and Communicative Disorders"; and
(iii) by striking "grants under this section" and inserting
"grants"; and
(B) by striking the second sentence; and
(2) in paragraph (2) --
(A) in the matter preceding subparagraph (A), by striking "this
section" and inserting "paragraph (1)";
(B) in subparagraph (B), by striking "deaf individuals" and
inserting "individuals who are deaf and individuals who are
deaf-blind";
(C) in subparagraph (C), by adding "and" after the semicolon at
the end;
(D) by striking subparagraph (D); and
(E) by redesignating subparagraph (E) as subparagraph (D).
(e) COMPENSATION OF EXPERTS AND CONSULTANTS. -- Section 302(g) (29
U.S.C. 774(g)) (as so redesignated by subsection (c)) "29 USC 771a" is
amended --
(1) in paragraph (1), by striking "rehabilitation facilities"
and inserting "community rehabilitation programs";
(2) in paragraph (2), by striking "the daily rate payable for
grade GS-18 of the General Schedule under section 5332" and
inserting "the daily equivalent of the rate of pay for level 4 of
the Senior Executive Service Schedule under section 5382"; and
(3) by adding at the end the following:
"(3)(A) Subject to subparagraph (B), at least 15 percent of the sums
appropriated to carry out this section shall be allocated to designated
State agencies to be used, directly or indirectly, for projects for
in-service training of rehabilitation personnel, including projects
designed --
"(i) to address recruitment and retention of qualified
rehabilitation professionals;
"(ii) to provide for succession planning;
"(iii) to provide for leadership development and capacity
building; and
"(iv) for fiscal years 1993 and 1994, to provide training
regarding the amendments to this Act made by the Rehabilitation
Act Amendments of 1992.
"(B) If the allocation to designated State agencies required by
subparagraph (A) would result in a lower level of funding for projects
being carried out on the date of enactment of the Rehabilitation Act
Amendments of 1992 by other recipients of funds under this section, the
Commissioner may allocate less than 15 percent of the sums described in
subparagraph (A) to designated State agencies for such in-service
training.".
(f) RELATIONSHIP TO TRAINING ACTIVITIES. -- Section 302 (29 U.S.C.
774) (as amended by subsection (c)) "29 USC 771a" is amended by adding
at the end the following:
"(i)(1) Consistent with paragraph (2), and consistent with the
general authority set forth in this section to fund training activities,
nothing in this Act shall be construed to prohibit the Commissioner from
exercising authority under this title, or making available funds
appropriated to carry out this title, to fund the training activities
described in section 803.
"(2) If the amount of funds appropriated for a fiscal year to carry
out this section exceeds the amount of funds appropriated for the
preceding fiscal year to carry out this section, adjusted by the percent
by which the average of the estimated gross domestic product
fixed-weight price index for that fiscal year differs from that
estimated index for the preceding fiscal year, the amount of the excess
shall be treated as if the excess were appropriated under title VIII.".
SEC. 303. COMMUNITY REHABILITATION PROGRAMS FOR INDIVIDUALS WITH
DISABILITIES.
(a) AUTHORIZATION OF APPROPRIATIONS. -- Section 303(a) (29 U.S.C.
772(a)) (as so redesignated by section 301(b)(3)) is amended by striking
"1987" and all that follows and inserting "1993 through 1997.".
(b) ESTABLISHMENT. -- Section 303(b) (29 U.S.C. 772(b)) is amended
--
(1) in paragraph (1) --
(A) by striking "training services" and inserting
"rehabilitation services or employment support services"; and
(B) by striking "rehabilitation facilities" and inserting
"community rehabilitation programs";
(2) in paragraph (2) --
(A) by striking subparagraph (A) and inserting the following:
"(A) For purposes of this section, vocational rehabilitation services
shall include --
"(i) training with a view toward career advancement;
"(ii) training (including on-the-job training) in occupational
skills; and
"(iii) services, including rehabilitation technology services,
personal assistance services, and supported employment services
and extended services, that --
"(I) are related to training described in clause (i) or (ii);
and
"(II) are required by the individual to engage in such
training."; and
(B) in subparagraph (B) --
(i) by inserting after "(B)" the following new sentence:
"Pursuant to regulations, payment of weekly allowances may be made
to individuals receiving vocational rehabilitation services and
related services under this section.";
(ii) in the second sentence (as placed pursuant to clause (i)
of this subparagraph), by striking ", and such allowances" and all
that follows and inserting a period; and
(iii) in the last sentence --
(I) by striking "training services" and inserting "vocational
rehabilitation services"; and
(II) by striking "gainful and suitable" and inserting
"competitive"; and
(3) in paragraph (3) --
(A) in subparagraph (A), by striking "gainful and suitable
employment" and inserting "competitive employment, or to place or
retain such individual in competitive employment";
(B) in subparagraph (B) --
(i) by striking "suitable for and";
(ii) by striking "training" each place the term appears and
inserting "vocational rehabilitation"; and
(iii) by striking "rehabilitation facility" and inserting
"community rehabilitation program";
(C) in subparagraph (C), by striking "training" and inserting
"vocational rehabilitation"; and
(D) in subparagraph (D), by striking "rehabilitation facility
and the training" and inserting "community rehabilitation program
and the vocational rehabilitation".
(c) ADDITIONAL GRANTS. -- Section 303 (29 U.S.C. 772) is amended --
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
"(c) The Commissioner is also authorized to make grants, upon
applications approved by the designated State agency, to public or
nonprofit agencies, institutions, or organizations to assist them in
meeting the cost of planning community rehabilitation programs, the cost
of the services to be provided by such programs, and initial staffing
costs of such programs."; and
(3) in subsection (d)(1) (as so redesignated by paragraph (1))
--
(A) by striking "rehabilitation facilities" and inserting
"community rehabilitation programs"; and
(B) by striking "such facilities" and inserting "such
programs".
(d) CONFORMING AMENDMENT. -- The heading of section 303 (29 U.S.C.
772) is amended by striking "TRAINING" and inserting "REHABILITATION".
SEC. 304. LOAN GUARANTEES.
Section 304 (29 U.S.C. 773) (as so redesignated by section 301(b)(3))
is amended --
(1) in the heading for the section, by striking "REHABILITATION
FACILITIES" and inserting "COMMUNITY REHABILITATION PROGRAMS";
(2) in subsection (a), by striking "facilities for" and
inserting "community rehabilitation"; and
(3) in subsection (b) --
(A) by inserting "under special circumstances and" after
"may,"; and
(B) by striking "rehabilitation facilities" and inserting
"facilities for community rehabilitation programs".
SEC. 305. COMPREHENSIVE REHABILITATION CENTERS.
Section 305 (29 U.S.C. 775) is amended --
(1) in subsection (d)(1), by striking "facility" and inserting
"center"; and
(2) in subsection (g), by striking "1987," and all that follows
and inserting "1993 through 1997.".
SEC. 306. GENERAL GRANT AND CONTRACT REQUIREMENTS.
Section 306 (29 U.S.C. 776) is amended --
(1) in subsection (a), by striking "section 302" and inserting
"section 303";
(2) in subsection (b)(4), by striking "rehabilitation
facilities" and inserting "facilities for community rehabilitation
programs";
(3) in subsection (f), by striking "rehabilitation facility"
and inserting "facility for a community rehabilitation program";
and
(4) in subsection (h), by striking "establishing facilities"
and inserting "developing or improving community rehabilitation
programs".
SEC. 307. AUTHORIZATION OF APPROPRIATIONS FOR SPECIAL PROJECTS AND
SUPPLEMENTARY SERVICES.
Section 310 (29 U.S.C. 777) is amended --
(1) by striking "(a)" after "310.";
(2) by striking "and 316" and inserting "312, and 316";
(3) by striking "$15,860,000" and all that follows and
inserting "such sums as may be necessary for each of fiscal years
1993 through 1997."; and
(4) by striking subsection (b).
SEC. 308. SPECIAL DEMONSTRATION PROGRAMS.
(a) GRANTS. -- Section 311(a) (29 U.S.C. 777a(a)) is amended --
(1) in paragraph (1) --
(A) by striking "and, where appropriate, constructing
facilities"; and
(B) by striking "blind or deaf individuals," and all that
follows and inserting the following: "individuals who are members
of populations that are unserved or underserved by the programs
under this Act, individuals who are blind, and individuals who are
deaf,";
(2) in paragraph (2), by striking "new careers);" and inserting
"new careers and career advancement);";
(3) in paragraph (3), by striking "and, where appropriate,
renovating and constructing facilities"; and
(4) by striking the matter after and below paragraph (4).
(b) CERTAIN REQUIREMENTS. -- Section 311 (29 U.S.C. 777a) is amended
by striking subsection (b) and redesignating subsections (c) through (e)
as subsections (b) through (d), respectively.
(c) SPECIAL PROJECTS AND DEMONSTRATIONS PROVIDING SUPPORTED
EMPLOYMENT. -- Section 311(c) (29 U.S.C. 777a(d)) (as so redesignated
by subsection (b)) is amended --
(1) in paragraph (1) --
(A) in subparagraph (A) --
(i) by striking "rehabilitation facilities" and inserting
"community rehabilitation programs; and
(ii) by inserting before the period the following: ",
including continuation of determinations of the effectiveness of
natural supports or other alternatives to providing extended
employment services";
(B) in subparagraph (B) --
(i) by striking "and" before "(iii)"; and
(ii) in clause (iii), by striking "community-based
rehabilitation facilities" and inserting "community rehabilitation
programs"; and
(C) by adding at the end the following subparagraph:
"(C) Not less than two such grants shall serve individuals who either
are low-functioning and deaf or low-functioning and hard-of-hearing.";
(2) in paragraph (3)(A), by striking ", 1988, and on each
subsequent June 1" and inserting "of each year"; and
(3) in paragraph (4), by striking "$9,000,000" and all that
follows and inserting "such sums as may be necessary for each of
fiscal years 1993 through 1997.".
(d) MODEL STATEWIDE TRANSITIONAL PLANNING SERVICES. -- Section
311(d) (29 U.S.C. 777a(e)) (as so redesignated by subsection (b)) is
amended --
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs (3)
and (4), respectively;
(3) in paragraph (3)(A) (as redesignated by paragraph (2) of
this subsection) --
(A) by striking clause (ii); and
(B) by striking the clause designation; and
(4) in paragraph (4) (as redesignated by paragraph (2) of this
subsection), by striking "$450,000" and all that follows and
inserting "such sums as may be necessary for each of the fiscal
years 1993 through 1997.".
(e) EDUCATIONAL AND VOCATIONAL REHABILITATION DEMONSTRATION PROJECTS
REGARDING LOW-FUNCTIONING. -- Section 311 (29 U.S.C. 777a), as amended
by subsection (b), is amended by adding at the end the following new
subsection:
"(e)(1) The Commissioner may make grants to public or private
institutions to pay for the cost of developing special projects and
demonstration projects to address the general education, counseling,
vocational training, work transition, supported employment, job
placement, followup, and community outreach needs of individuals who are
either low-functioning and deaf or low-functioning and hard-of-hearing.
Such projects shall provide educational and vocational rehabilitation
services that are not otherwise available in the region involved and
shall maximize the potential of such individuals, including individuals
who are deaf and have additional severe disabilities.
"(2) The Commissioner shall monitor the activities of the recipients
of grants under this subsection to ensure that the recipients carry out
the projects in accordance with paragraph (1), that the recipients
coordinate the projects as described in paragraph (3), and that
information about innovative methods of service delivery developed by
such projects is disseminated.
"(3) The Commissioner shall prepare and submit an annual report to
Congress that includes an assessment of the manner in which the
recipients carrying out the projects coordinate the projects with
projects carried out by other public or nonprofit agencies serving
individuals who are deaf, to expand or improve services for such
individuals.".
(f) RELATIONSHIP TO SPECIAL DEMONSTRATION PROGRAMS. -- Section 311
(29 U.S.C. 777a), as amended by subsection (e), is amended by adding at
the end the following new subsection:
"(f)(1) Consistent with paragraph (2), and consistent with the
general authority set forth in this section to fund special
demonstration programs, projects, and activities, nothing in this Act
shall be construed to prohibit the Commissioner from exercising
authority under this title, or making available funds appropriated to
carry out this title, to fund programs, projects, and activities
described in section 802.
"(2) If the amount of funds appropriated for a fiscal year to carry
out this section exceeds the amount of funds appropriated for the
preceding fiscal year to carry out this section, adjusted by the percent
by which the average of the estimated gross domestic product
fixed-weight price index for that fiscal year differs from that
estimated index for the preceding fiscal year, the amount of the excess
shall be treated as if the excess were appropriated under title VIII.".
SEC. 309. MIGRATORY WORKERS.
(a) COLLABORATION. -- The first sentence of section 312 (29 U.S.C.
777b) is amended --
(1) by inserting "(a)" after "312."; and
(2) by inserting "to nonprofit agencies working in
collaboration with such State agency," after "section 101,".
(b) AUTHORIZATION OF APPROPRIATIONS. -- Section 312 (29 U.S.C. 777b)
is amended by adding at the end the following new subsection:
"(b) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated for fiscal years 1993 through 1997 such sums as may be
necessary to carry out this section.".
SEC. 310. SPECIAL RECREATIONAL PROGRAMS.
(a) GRANTS. -- Section 316(a) (29 U.S.C. 777f(a)) is amended --
(1) in paragraph (1) --
(A) in the first sentence --
(i) by striking "part or all" and inserting "the Federal
share"; and
(ii) by inserting "employment," before "mobility,"; and
(B) in the second sentence, by inserting "vocational skills
development," before "leisure education,";
(2) in paragraph (2), by striking "a minimum of a three-year
period." and inserting "a period of not more than 3 years. Such a
grant shall not be renewable, except that the Commissioner may
renew such a grant if the Commissioner determines that the grant
recipient will continue to develop model or innovative programs of
exceptional merit or will contribute substantially to the
development or improvement of special recreational programs in
other locations.";
(3) in paragraph (3), by striking "to be made, and that" and
all that follows and inserting "to be made."; and
(4) by adding at the end the following new paragraphs:
"(4) To be eligible to receive a grant under this section, a State,
agency, or organization shall submit an application to the Commissioner
at such time, in such manner, and containing such information as the
Commissioner may require, including a description of --
"(A) the manner in which the findings and results of the
project will be made generally available; and
"(B) the means by which the service program will be continued
after Federal assistance ends.
"(5) Recreation programs funded under this section shall maintain, at
a minimum, the same level of services over a 3-year project period.
"(6) The Commissioner shall, not later than 180 days after the date
of enactment of the Rehabilitation Act Amendments of 1992, develop means
to objectively evaluate, and encourage the replication of, activities
assisted by this section.
"(7) The Commissioner shall require each recipient of a grant under
this section to annually prepare and submit a report on the results of
the activities assisted by the grant. The Commissioner shall not make
financial assistance available to a grant recipient for a subsequent
year until the Commissioner has received and evaluated such a report
from the recipient regarding the current year.
"(8) The Commissioner shall annually issue and provide for the
dissemination of a report describing the findings and results of
programs funded by this section.
"(9) The Federal share of the costs of the recreation programs shall
be 100 percent for the first year of the grant, 75 percent for the
second year, and 50 percent for the third year.".
(b) AUTHORIZATION OF APPROPRIATIONS. -- Section 316(b) (29 U.S.C.
777f(b)) is amended by striking "2,330,000" and all that follows and
inserting "such sums as may be necessary for each of the fiscal years
1993 through 1997.".
SEC. 401. ESTABLISHMENT OF NATIONAL COUNCIL ON DISABILITY.
(a) IN GENERAL. -- Section 400(a) (29 U.S.C. 780(a)) is amended --
(1) in paragraph (1) --
(A) by inserting "(A)" after "(1)";
(B) by inserting after the first sentence the following:
"(B) The President shall select members of the National Council after
soliciting recommendations from representatives of --
"(i) organizations representing a broad range of individuals
with disabilities; and
"(ii) organizations interested in individuals with
disabilities.
"(C) The members of the National Council shall be individuals with
disabilities or individuals who have substantial knowledge or experience
relating to disability policy or programs.";
(C) in the last sentence, by striking "At least five members"
and inserting "A majority of the members"; and
(D) by adding at the end the following sentence: "The members
of the National Council shall be broadly representative of
minority and other individuals and groups."; and
(2) by striking paragraph (2) and inserting the following:
"(2) The purpose of the National Council is to promote policies,
programs, practices, and procedures that --
"(A) guarantee equal opportunity for all individuals with
disabilities, regardless of the nature or severity of the
disability; and
"(B) empower individuals with disabilities to achieve economic
self-sufficiency, independent living, and inclusion and
integration into all aspects of society.".
(b) TERMS. -- Section 400(b) (29 U.S.C. 780(b)) is amended --
(1) by striking paragraph (1) and inserting the following:
"(1) Each member of the National Council shall serve for a term of 3
years, except that the terms of service of the members initially
appointed after the date of enactment of the Rehabilitation,
Comprehensive Services, and Developmental Disabilities Amendments of
1978 shall be (as specified by the President) for such fewer number of
years as will provide for the expiration of terms on a staggered
basis."; and
(2) by striking paragraph (2) and inserting the following:
"(2)(A) No member of the Council may serve more than two consecutive
full terms beginning on the date of initial service on the Council.
Members may serve after the expiration of their terms until their
successors have taken office.
"(B) As used in this paragraph:
"(i) The term 'full term' means a term of 3 years.
"(ii) The term 'date of initial service' means, with respect to
a member, the date on which the member is sworn in.".
SEC. 402. DUTIES OF NATIONAL COUNCIL.
(a) DUTIES. -- Section 401(a) (29 U.S.C. 781(a)) is amended --
(1) by striking paragraph (1) and inserting the following:
"(1) provide advice to the Director with respect to the
policies and conduct of the National Institute on Disability and
Rehabilitation Research, including ways to improve research
concerning individuals with disabilities and the methods of
collecting and disseminating findings of such research;";
(2) by redesignating paragraphs (4), (5), (6), (7), and (8) as
paragraphs (5), (6), (8), (9), and (10);
(3) by inserting after paragraph (3) the following paragraph:
"(4) provide advice regarding priorities for the activities of
the Interagency Disability Coordinating Council and review the
recommendations of such Council for legislative and administrative
changes to ensure that such recommendations are consistent with
the purposes of the Council to promote the full integration,
independence, and productivity of individuals with disabilities;";
(4) in paragraph (5) (as so redesignated by paragraph (2) of
this subsection) --
(A) in subparagraph (A), by striking "all policies, programs,
and activities" and inserting "policies, programs, practices, and
procedures";
(B) in subparagraph (B), by inserting "and regulations" after
"statutes"; and
(C) in the matter following subparagraph (B), by striking
"activities, and statutes" and inserting "practices, procedures,
statutes, and regulations";
(5) in paragraph (6) (as so redesignated by paragraph (2) of
this subsection), by striking "and activities" and all that
follows and inserting "practices, and procedures facilitate or
impede the promotion of the policies set forth in subparagraphs
(A) and (B) of section 400(a)(2);";
(6) by inserting after paragraph (6) (as redesignated by
paragraph (2) of this subsection) the following paragraph:
"(7) gather information about the implementation,
effectiveness, and impact of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.);";
"(7) in paragraph (8) (as so redesignated by paragraph (2) of
this subsection), to read as follows:
"(8) make recommendations to the President, the Congress, the
Secretary, the Director of the National Institute on Disability
and Rehabilitation Research, and other officials of Federal
agencies, respecting ways to better promote the policies set forth
in section 400(a)(2);";
(8) in paragraph (9) (as so redesignated by paragraph (2) of
this subsection), to read as follows:
"(9) not later than March 31 of each year, prepare and submit
to the Congress and the President a report containing a summary of
the activities and accomplishments of the Council with respect to
the duties described in paragraphs (1) through (8);";
(9) in paragraph (10) (as redesignated by paragraph (2) of this
subsection), by striking the period and inserting"; and"; and
(10) by adding at the end the following:
"(11) review and evaluate on a continuing basis new and
emerging disability policy issues affecting individuals with
disabilities at the Federal, State, and local levels, and in the
private sector, including the need for and coordination of adult
services, access to personal assistance services, school reform
efforts and the impact of such efforts on individuals with
disabilities, access to health care, and policies that operate as
disincentives for the individuals to seek and retain employment.".
(b) REPORT. -- Section 401(b) (29 U.S.C. 781(b)) is amended to read
as follows:
"(b)(1) Not later than October 31, 1993, and annually thereafter, the
National Council shall prepare and submit to the President and the
appropriate committees of the Congress a report entitled 'National
Disability Policy: A Progress Report'.
"(2) The report shall assess the status of the Nation in achieving
the policies set forth in section 400(a)(2), with particular focus on
the new and emerging issues impacting on the lives of individuals with
disabilities. The report shall present, as appropriate, available data
on health, housing, employment, insurance, transportation, recreation,
training, prevention, early intervention, and education. The report
shall include recommendations for policy change.
"(3) In determining the issues to focus on and the findings,
conclusions, and recommendations to include in the report, the Council
shall seek input from the public, particularly individuals with
disabilities, representatives of organizations representing a broad
range of individuals with disabilities, and organizations and agencies
interested in individuals with disabilities.".
SEC. 403. COMPENSATION OF NATIONAL COUNCIL MEMBERS.
Section 402(a) (29 U.S.C. 782(a)) is amended by striking "rate of
basic pay payable for grade GS-18 of the General Schedule under section
5332" and inserting "rate of pay for level 4 of the Senior Executive
Service Schedule under section 5382".
SEC. 404. STAFF OF NATIONAL COUNCIL.
Section 403(b)(1) (29 U.S.C. 783(b)(1)) is amended by striking
"annual rate of basic pay payable for grade GS-18 of the General
Schedule under section 5332" and inserting "rate of pay for level 4 of
the Senior Executive Service Schedule under section 5382".
SEC. 405. ADMINISTRATIVE POWERS OF NATIONAL COUNCIL.
Section 404 (29 U.S.C. 784) is amended by adding at the end the
following subsection:
"(e) The National Council may use, with the consent of the agencies
represented on the Interagency Disability Coordinating Council, and as
authorized in title V, such services, personnel, information, and
facilities as may be needed to carry out its duties under this title,
with or without reimbursement to such agencies.".
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
Section 405 (29 U.S.C. 785) is amended by striking "1987" and all
that follows and inserting "1993 through 1997.".
SEC. 501. RIGHTS AND ADVOCACY.
(a) TITLE. -- Title V (29 U.S.C. 790 et seq.) is amended by striking
the title heading and inserting the following:
(b) TABLE OF CONTENTS. -- The table of contents relating to the Act
is amended by striking the item relating to the title heading for title
V and inserting the following:
SEC. 502. EFFECT ON EXISTING LAW.
(a) REPEAL. -- Title V (29 U.S.C. 790 et seq.) is amended by
repealing section 500 "29 USC 790".
(b) TABLE OF CONTENTS. -- The table of contents relating to the Act
is amended by striking the item relating to section 500.
SEC. 503. EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES.
(a) ESTABLISHMENT. -- Section 501(a) (29 U.S.C. 791(a)) is amended
--
(1) in the first sentence, by striking "the Secretary of
Veterans Affairs, and" and inserting "the Director of the Office
of Personnel Management, the Secretary of Veterans Affairs"; and
(2) by amending the second sentence to read as follows:
"Either the Director of the Office of Personnel Management and the
Chairman of the Commission shall serve as co-chairpersons of the
Committee or the Director or Chairman shall serve as the sole
chairperson of the Committee, as the Director and Chairman jointly
determine, from time to time, to be appropriate.".
(b) STANDARDS. -- Section 501 (29 U.S.C. 791) is amended by adding
at the end the following new subsection:
"(g) The standards used to determine whether this section has been
violated in a complaint alleging nonaffirmative action employment
discrimination under this section shall be the standards applied under
title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111
et seq.) and the provisions of sections 501 through 504, and 510, of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and
12210), as such sections relate to employment.".
SEC. 504. REFERENCES TO THE ARCHITECTURAL AND TRANSPORTATION
BARRIERS COMPLIANCE BOARD.
(a) ACCESS BOARD. -- Section 502 (29 U.S.C. 792) is amended --
(1) in the matter preceding subparagraph (A) of subsection
(a)(1), by striking "the 'Board'" and inserting "the 'Access
Board'";
(2) by striking "the Board" each place the term appears and
inserting "the Access Board"; and
(3) by striking "The Board" each place the term appears and
inserting "The Access Board".
(b) COMPOSITION. -- Section 502(a) (29 U.S.C. 792(a)) of the Act is
amended --
(1) in paragraph (1) --
(A) in subparagraph (A) --
(i) by striking "Twelve" and inserting "Thirteen"; and
(ii) by striking "six" and inserting "at least a majority";
and
(B) in subparagraph (B), by inserting after clause (xi) the
following:
"(xii) Department of Commerce.";
(2) in paragraph (2)(A) --
(A) in the first sentence --
(i) by inserting "(i)" after "(A)"; and
(ii) by striking "three years" and inserting "4 years, except
as provided in clause (ii)";
(B) in the second sentence, by striking "four" and inserting
"at least three"; and
(C) by adding at the end the following:
"(ii)(I) On member appointed for a term beginning December 4, 1992
shall serve for a term of 3 years.
"(II) One member appointed for a term beginning December 4, 1993
shall serve for a term of 2 years.
"(III) One member appointed for a term beginning December 4, 1994
shall serve for a term of 1 year.
"(IV) Members appointed for terms beginning before December 4, 1992
shall serve for terms of 3 years.";
(3) in paragraph (3), by striking "such an" and inserting "a
Federal"; and
(4) in paragraph (5)(A), by striking "the daily rate prescribed
for GS-18 under section 5332" and inserting "the daily equivalent
of the rate of pay for level 4 of the Senior Executive Service
Schedule under section 5382".
(c) FUNCTION. -- Section 502(b) (29 U.S.C. 792(b)) is amended to
read as follows:
"(b) It shall be the function of the Access Board to --
"(1) ensure compliance with the standards prescribed pursuant
to the Act entitled 'An Act to ensure that certain buildings
financed with Federal funds are so designed and constructed as to
be accessible to the physically handicapped', approved August 12,
1968 (commonly known as the Architectural Barriers Act of 1968;
42 U.S.C. 4151 et seq.) (including the application of such Act to
the United States Postal Service), including enforcing all
standards under such Act, and ensuring that all waivers and
modifications to the standards are based on findings of fact and
are not inconsistent with the provisions of this section;
"(2) develop advisory guidelines for, and provide appropriate
technical assistance to, individuals or entities with rights or
duties under regulations prescribed pursuant to this title or
titles II and III of the Americans with Disabilities Act of 1990
(42 U.S.C. 12131 et seq. and 12181 et seq.) with respect to
overcoming architectural, transportation, and communication
barriers;
"(3) establish and maintain minimum guidelines and requirements
for the standards issued pursuant to the Act commonly known as the
Architectural Barriers Act of 1968 and titles II and III of the
Americans with Disabilities Act of 1990;
"(4) promote accessibility throughout all segments of society;
"(5) investigate and examine alternative approaches to the
architectural, transportation, communication, and attitudinal
barriers confronting individuals with disabilities, particularly
with respect to telecommunications devices, public buildings and
monuments, parks and parklands, public transportation (including
air, water, and surface transportation, whether interstate,
foreign, intrastate, or local), and residential and institutional
housing;
"(6) determine what measures are being taken by Federal, State,
and local governments and by other public or nonprofit agencies to
eliminate the barriers described in paragraph (5);
"(7) promote the use of the International Accessibility Symbol
in all public facilities that are in compliance with the standards
prescribed by the Administrator of General Services, the Secretary
of Defense, and the Secretary of Housing and Urban Development
pursuant to the Act commonly known as the Architectural Barriers
Act of 1968;
"(8) make to the President and to the Congress reports that
shall describe in detail the results of its investigations under
pararaphs (5) and (6);
"(9) make to the President and to the Congress such
recommendations for legislative and administrative changes as the
Access Board determines to be necessary or desirable to eliminate
the barriers described in paragraph (5); and
"(10) ensure that public conveyances, including rolling stock,
are readily accessible to, and usable by, individuals with
physical disabilities.".
(d) INVESTIGATIONS AND HEARINGS. -- Section 502(d) (29 U.S.C.
792(d)) is amended --
(1) in paragraph (1), in the first sentence --
(A) by striking "In carrying out" and all that follows through
"shall conduct" and inserting "The Access Board shall conduct";
and
(B) by striking "insure" and inserting "ensure"; and
(2) by striking paragraph (3).
(e) INTERAGENCY AGREEMENTS. -- Section 502(f) (29 U.S.C. 792(f)) is
amended --
(1) by striking "(f) The departments" and inserting the
following:
"(f)(1)(A) In carrying out the technical assistance responsibilities
of the Access Board under this section, the Board may enter into an
interagency agreement with another Federal department or agency.
"(B) Any funds appropriated to such a department or agency for the
purpose of providing technical assistance may be transferred to the
Access Board. Any funds appropriated to the Access Board for the
purpose of providing such technical assistance may be transferred to
such department or agency.
"(C) The Access Board may arrange to carry out the technical
assistance responsibilities of the Board under this section through such
other departments and agencies for such periods as the Board determines
to be appropriate.
"(D) The Access Board shall establish a procedure to ensure
separation of its compliance and technical assistance responsibilities
under this section.
"(2) The departments"; and
(2) in the second sentence of paragraph (2) (as so designated
by paragraph (1) of this subsection) --
(A) by striking "subsection" and inserting "paragraph";
(B) by striking "Secretary" and inserting "Chairperson"; and
(C) by striking "the daily pay rate for a person employed as a
GS-18 under section 5332" and inserting "the daily equivalent of
the rate of pay for level 4 of the Senior Executive Service
Schedule under section 5382".
(f) REPORT. -- Section 502(g) (29 U.S.C. 792(g)) is amended --
(1) by inserting "(1)" after the subsection designation;
(2) in paragraph (1) (as so designated by paragraph (1) of this
subsection) --
(A) in the second sentence, by striking "clauses (5) and (6) of
subsection (b) of this section" and inserting "paragraphs (8) and
(9) of such subsection"; and
(B) by striking the third sentence and all that follows; and
(3) by adding at the end the following:
"(2) The Access Board shall, at the same time that the Access Board
transmits the report required under section 7(b) of the Act commonly
known as the Architectural Barriers Act of 1968 (42 U.S.C. 4157(b)),
transmit the report to the Committee on Education and Labor of the House
of Representatives and the Committee on Labor and Human Resources of the
Senate.".
(g) REPORT CONTAINING ASSESSMENT. -- Section 502(h) (29 U.S.C.
792(h)) is amended --
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated by paragraph (2) of
this subsection), by striking the second and third sentences; and
(4) by adding at the end the following paragraph:
"(2)(A) The Access Board may accept, hold, administer, and utilize
gifts, devises, and bequests of property, both real and personal, for
the purpose of aiding and facilitating the functions of the Access Board
under paragraphs (5) and (7) of subsection (b). Gifts and bequests of
money and proceeds from sales of other property received as gifts,
devises, or bequests shall be deposited in the Treasury and shall be
disbursed upon the order of the Chairperson. Property accepted pursuant
to this section, and the proceeds thereof, shall be used as nearly as
possible in accordance with the terms of the gifts, devises, or
bequests. For purposes of Federal income, estate, or gift taxes,
property accepted under this section shall be considered as a gift,
devise, or bequest to the United States.
"(B) The Access Board shall publish regulations setting forth the
criteria the Board will use in determining whether the acceptance of
gifts, devises, and bequests of property, both real and personal, would
reflect unfavorably upon the ability of the Board or any employee to
carry out the responsibilities or official duties of the Board in a fair
and objective manner, or would compromise the integrity of or the
appearance of the integrity of a Government program or any official
involved in that program.".
(h) AUTHORIZATION OF APPROPRIATIONS. -- Section 502(i) (29 U.S.C.
792(i)) is amended by striking "fiscal years 1987 through 1992" and all
that follows and inserting "fiscal years 1993 through 1997.".
SEC. 505. EMPLOYMENT UNDER FEDERAL CONTRACTS.
(a) CONTRACTS. -- Section 503(a) (29 U.S.C. 793(a)) is amended --
(1) by striking "$2,500" each place the term appears and
inserting "$10,000"; and
(2) in the first sentence, by striking ", in employing persons
to carry out such contract,".
(b) WAIVER. -- Section 503(c) (29 U.S.C. 793(c)) is amended --
(1) by inserting "(1)" after "(c)"; and
(2) by adding at the end the following:
"(2)(A) The Secretary of Labor may waive the requirements of the
affirmative action clause required by regulations promulgated under
subsection (a) with respect to any of a prime contractor's or
subcontractor's facilities that are found to be in all respects separate
and distinct from activities of the prime contractor or subcontractor
related to the performance of the contract or subcontract, if the
Secretary of Labor also finds that such a waiver will not interfere with
or impede the effectuation of this Act.
"(B) Such waivers shall be considered only upon the request of the
contractor or subcontractor. The Secretary of Labor shall promulgate
regulations that set forth the standards used for granting such a
waiver.".
(c) STANDARDS AND PROCEDURES. -- Section 503 (29 U.S.C. 793) is
amended by adding at the end the following:
"(d) The standards used to determine whether this section has been
violated in a complaint alleging nonaffirmative action employment
discrimination under this section shall be the standards applied under
title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111
et seq.) and the provisions of sections 501 through 504, and 510, of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and
12210), as such sections relate to employment.
"(e) The Secretary shall develop procedures to ensure that
administrative complaints filed under this section and under the
Americans with Disabilities Act of 1990 are dealt with in a manner that
avoids duplication of effort and prevents imposition of inconsistent or
conflicting standards for the same requirements under this section and
the Americans with Disabilities Act of 1990.".
SEC. 506. NONDISCRIMINATION UNDER FEDERAL GRANTS AND PROGRAMS.
Section 504 (29 U.S.C. 794) is amended by adding at the end the
following new subsection:
"(d) The standards used to determine whether this section has been
violated in a complaint alleging employment discrimination under this
section shall be the standards applied under title I of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the
provisions of sections 501 through 504, and 510, of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12201-12204 and 12210), as such
sections relate to employment.".
SEC. 507. SECRETARIAL RESPONSIBILITIES.
(a) ACCESS. -- Subsections (a) and (c) of section 506 (29 U.S.C.
794b) are amended by inserting "Access" before "Board" each place the
term appears.
(b) COMMUNITY REHABILITATION PROGRAMS. -- Section 506(a)(1) (29
U.S.C. 794b(a)(1)) is amended by striking "rehabilitation facilities"
and inserting "community rehabilitation programs".
(c) COMPENSATION. -- Section 506(b) (29 U.S.C. 794b(b)) is amended
by striking "the rate of basic pay payable for grade GS-18 of the
General Schedule, under section 5332" and inserting "the rate of pay for
level 4 of the Senior Executive Service Schedule under section 5382".
(d) CONFORMING AMENDMENT. -- Section 506(c) (29 U.S.C. 794b(c)) is
amended by striking "502(h)(2)" and inserting "502(h)(1)".
SEC. 508. INTERAGENCY DISABILITY COORDINATING COUNCIL.
(a) IN GENERAL. -- Section 507 (29 U.S.C. 794c) is amended to read
as follows:
"SEC. 507. INTERAGENCY DISABILITY COORDINATING COUNCIL.
"(a) ESTABLISHMENT. -- There is hereby established an Interagency
Disability Coordinating Council (hereafter in this section referred to
as the 'Council') composed of the Secretary of Education, the Secretary
of Health and Human Services, the Secretary of Labor, the Secretary of
Housing and Urban Development, the Secretary of Transportation, the
Assistant Secretary of the Interior for Indian Affairs, the Attorney
General, the Director of the Office of Personnel Management, the
Chairperson of the Equal Employment Opportunity Commission, the
Chairperson of the Architectural and Transportation Barriers Compliance
Board, and such other officials as may be designated by the President.
"(b) DUTIES. -- The Council shall --
"(1) have the responsibility for developing and implementing
agreements, policies, and practices designed to maximize effort,
promote efficiency, and eliminate conflict, competition,
duplication, and inconsistencies among the operations, functions,
and jurisdictions of the various departments, agencies, and
branches of the Federal Government responsible for the
implementation and enforcement of the provisions of this title,
and the regulations prescribed thereunder;
"(2) be responsible for developing and implementing agreements,
policies, and practices designed to coordinate operations,
functions, and jurisdictions of the various departments and
agencies of the Federal Government responsible for promoting the
full integration into society, independence, and productivity of
individuals with disabilities; and
"(3) carry out such studies and other activities, subject to
the availability of resources, with advice from the National
Council on Disability, in order to identify methods for overcoming
barriers to integration into society, independence, and
productivity of individuals with disabilities.
"(c) REPORT. -- On or before July 1 of each year, the Interagency
Disability Coordinating Council shall prepare and submit to the
President and to the Congress a report of the activities of the Council
designed to promote and meet the employment needs of individuals with
disabilities, together with such recommendations for legislative and
administrative changes as the Council concludes are desirable to further
promote this section, along with any comments submitted by the National
Council on Disability as to the effectiveness of such activities and
recommendations in meeting the needs of individuals with disabilities.
Nothing in this section shall impair any responsibilities assigned by
any Executive order to any Federal department, agency, or
instrumentality to act as a lead Federal agency with respect to any
provisions of this title.".
(b) TECHNICAL AMENDMENT. -- The table of contents relating to the
Act is amended by striking the item relating to section 507 and
inserting the following item:
"Sec. 507. Interagency Disability Coordinating Council.".
SEC. 509. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY
GUIDELINES.
(a) GUIDELINES. -- Section 508 (29 U.S.C. 794d) is amended to read
as follows:
"SEC. 508. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY
GUIDELINES.
"(a) GUIDELINES. -- The Secretary, through the Director of the
National Institute on Disability and Rehabilitation Research, and the
Administrator of the General Services Administration, in consultation
with the electronics and information technology industry and the
Interagency Council on Accessible Technology, shall develop and
establish guidelines for Federal agencies for electronic and information
technology accessibility designed to ensure, regardless of the type of
medium, that individuals with disabilities can produce information and
data, and have access to information and data, comparable to the
information and data, and access, respectively, of individuals who are
not individuals with disabilities. Such guidelines shall be revised, as
necessary, to reflect technological advances or changes.
"(b) COMPLIANCE. -- Each Federal agency shall comply with the
guidelines established under this section.".
(b) TABLE OF CONTENTS. -- The table of contents relating to the Act
is amended by striking the item relating to section 508 and inserting
the following:
"Sec. 508. Electronic and information technology accessibility
guidelines.".
SEC. 510. PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS.
(a) IN GENERAL. -- Title V (29 U.S.C. 790 et seq.) is amended by
adding at the end the following new section:
"SEC. 509. "29 USC 794e" PROTECTION AND ADVOCACY OF INDIVIDUAL
RIGHTS.
"(a) PURPOSE. -- The purpose of this section is to support a system
in each State to protect the legal and human rights of individuals with
disabilities who --
"(1) are ineligible for client assistance programs under
section 112; and
"(2) are ineligible for protection and advocacy programs under
part C of the Developmental Disabilities Assistance and Bill of
Rights Act (42 U.S.C. 6041 et seq.) and the Protection and
Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801
et seq.).
"(b) APPROPRIATIONS LESS THAN $5,500,000. --
"(1) ALLOTMENTS. -- For any fiscal year in which the amount
appropriated to carry out this section is less than $5,500,000,
the Commissioner may make grants from such amount to eligible
systems within States to plan for, develop outreach strategies
for, and carry out protection and advocacy programs authorized
under this section for individuals with disabilities who meet the
requirements of paragraphs (1) and (2) of subsection (a).
"(2) OTHER JURISDICTIONS. -- For the purposes of this
subsection, Guam, American Samoa, the United States Virgin
Islands, the Commonwealth of the Northern Mariana Islands, and the
Republic of Palau shall not be considered to be States.
"(c) APPROPRIATIONS OF $5,500,000 OR MORE. --
"(1) TECHNICAL ASSISTANCE. -- For any fiscal year in which the
amount appropriated to carry out this section equals or exceeds
$5,500,000, the Commissioner shall set aside not less than 1.8
percent and not more than 2.2 percent of the amount to provide
training and technical assistance to the systems established under
this section.
"(2) ALLOTMENTS. -- For any such fiscal year, after the
reservation required by paragraph (1) has been made, the
Commissioner shall make allotments from the remainder of such
amount in accordance with paragraph (3) to eligible systems within
States to enable such systems to carry out protection and advocacy
programs authorized under this section for such individuals.
"(3) SYSTEMS WITHIN STATES. --
"(A) POPULATION BASIS. -- Except as provided in subparagraph
(B), from such remainder for each such fiscal year, the
Commissioner shall make an allotment to the eligible system within
a State of an amount bearing the same ratio to such remainder as
the population of the State bears to the population of all States.
"(B) MINIMUMS. -- Subject to the availability of
appropriations to carry out this section, and except as provided
in paragraph (4), the allotment to any system under subparagraph
(A) shall be not less than $100,000 or one-third of one percent of
the remainder for the fiscal year for which the allotment is made,
whichever is greater, and the allotment to any system under this
section for any fiscal year that is less than $100,000 or
one-third of one percent of such remainder shall be increased to
the greater of the two amounts.
"(4) SYSTEMS WITHIN OTHER JURISDICTIONS. --
"(A) IN GENERAL. -- For the purposes of this subsection, Guam,
American Samoa, the United States Virgin Islands, the Commonwealth
of the Northern Mariana Islands, and the Republic of Palau shall
not be considered to be States.
"(B) ALLOTMENT. -- The eligible system within a jurisdiction
described in subparagraph (A) shall be allotted not less than
$50,000 for the fiscal year for which the allotment is made,
except that the Republic of Palau may receive such allotment under
this section only until the Compact of Free Association with Palau
takes effect.
"(5) ADJUSTMENT FOR INFLATION. --
"(A) STATES. -- For purposes of determining the minimum amount
of an allotment under paragraph (3)(B), the amount $100,000 shall,
in the case of such allotments for fiscal year 1994 and subsequent
fiscal years, be increased to the extent necessary to offset the
effects of inflation occurring since October 1992, as measured by
the percentage increase in the Consumer Price Index For All Urban
Consumers (U.S. city average) during the period ending on April 1
of the fiscal year preceding the fiscal year for which the
allotment is to be made.
"(B) CERTAIN TERRITORIES. -- For purposes of determining the
minimum amount of an allotment under paragraph (4)(B), the amount
$50,000 shall, in the case of such allotments for fiscal year 1994
and subsequent fiscal years, be increased to the extent necessary
to offset the effects of inflation occurring since October 1992,
as measured by the percentage increase in the Consumer Price Index
For All Urban Consumers (U.S. city average) during the period
ending on April 1 of the fiscal year preceding the fiscal year for
which the allotment is to be made.
"(d) PROPORTIONAL REDUCTION. -- Amounts necessary to provide
allotments to systems within States in accordance with subsection
(c)(3)(B) as increased under subsection (c)(5), or to provide allotments
in accordance with subsection (c)(4)(B) as increased in accordance with
subsection (c)(5), shall be derived by proportionately reducing the
allotments of the remaining systems within States under subsection
(c)(3), but with such adjustments as may be necessary to prevent the
allotment of any such remaining systems within States from being thereby
reduced to less than the greater of $100,000 or one-third of one percent
of the sums made available for purposes of this section for the fiscal
year for which the allotment is made, as increased in accordance with
subsection (c)(5).
"(e) REALLOTMENT. -- Whenever the Commissioner determines that any
amount of an allotment to a system within a State for any fiscal year
described in subsection (c)(1) will not be expended by such system in
carrying out the provisions of this section, the Commissioner shall make
such amount available for carrying out the provisions of this section to
one or more of the systems that the Commissioner determines will be able
to use additional amounts during such year for carrying out such
provisions. Any amount made available to a system for any fiscal year
pursuant to the preceding sentence shall, for the purposes of this
section, be regarded as an increase in the allotment of the system (as
determined under the preceding provisions of this section) for such
year.
"(f) APPLICATION. -- In order to receive assistance under this
section, an eligible system shall submit an application to the
Commissioner, at such time, in such form and manner, and containing such
information and assurances as the Commissioner determines necessary to
meet the requirements of this section, including assurances that the
eligible system will --
"(1) have in effect a system to protect and advocate the rights
of individuals with disabilities;
"(2) have the same general authorities, including access to
records and program income, as are set forth in part C of the
Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6041 et seq.);
"(3) have the authority to pursue legal, administrative, and
other appropriate remedies or approaches to ensure the protection
of, and advocacy for, the rights of such individuals within the
State who are ineligible for protection and advocacy programs
under part C of the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6041 et seq.) and the Protection and
Advocacy for Mentally Ill Individuals Act of 1986 (42 U.S.C. 10801
et seq.) or client assistance programs under section 112;
"(4) provide information on and make referrals to programs and
services addressing the needs of individuals with disabilities in
the State;
"(5) develop a statement of objectives and priorities on an
annual basis, and provide to the public, including individuals
with disabilities and, as appropriate, their representatives, an
opportunity to comment on the objectives and priorities
established by, and activities of, the system including --
"(A) the objectives and priorities for the activities of the
system for each year and the rationale for the establishment of
such objectives and priorities; and
"(B) the coordination of programs provided through the system
under this section with the advocacy programs of the client
assistance program under section 112, the State long-term care
ombudsman program established under the Older Americans Act of
1965 (42 U.S.C. 3001 et seq.), the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.), and
the Protection and Advocacy for Mentally Ill Individuals Act of
1986 (42 U.S.C. 10801 et seq.);
"(6) establish a grievance procedure for clients or prospective
clients of the system to ensure that individuals with disabilities
are afforded equal opportunity to access the services of the
system; and
"(7) provide assurances to the Commissioner that funds made
available under this section will be used to supplement and not
supplant the non-Federal funds that would otherwise be made
available for the purpose for which Federal funds are provided.
"(g) CARRYOVER AND DIRECT PAYMENT. --
"(1) DIRECT PAYMENT. -- Notwithstanding any other provision of
law, the Commissioner shall pay directly to any system that
complies with the provisions of this section, the amount of the
allotment of the State involved under this section, unless the
State provides otherwise.
"(2) CARRYOVER. -- Any amount paid to a State for a fiscal
year that remains unobligated at the end of such year shall remain
available to such State for obligation during the next fiscal year
for the purposes for which such amount was paid.
"(h) LIMITATION ON DISCLOSURE REQUIREMENTS. -- For purposes of any
audit, report, or evaluation of the performance of the program
established under this section, the Commissioner shall not require such
a program to disclose the identity of, or any other personally
identifiable information related to, any individual requesting
assistance under such program.
"(i) ELIGIBILITY FOR ASSISTANCE. -- As used in this section, the
term 'eligible system' means a protection and advocacy system that is
established under part C of the Developmental Disabilities Assistance
and Bill of Rights Act (42 U.S.C. 6041 et seq.) and that meets the
requirements of subsection (f).
"(j) ADMINISTRATIVE COST. -- An eligible system may not use more
than 5 percent of any allotment under subsection (c) for the cost of
administration of the system required by this section.
"(k) DELEGATION. -- The Commissioner may delegate the administration
of this program to the Commissioner of the Administration on
Developmental Disabilities within the Department of Health and Human
Services.
"(l) REPORT. -- The Commissioner shall annually prepare and submit
to the Committee on Education and Labor of the House of Representatives
and the Committee on Labor and Human Resources of the Senate a report
describing the types of services and activities being undertakn by
programs funded under this section, the total number of individuals
served under this section, the types of disabilities represented by such
individuals, and the types of issues being addressed on behalf of such
individuals.
"(m) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated to carry out this section such sums as may be necessary for
each of the fiscal years 1993, 1994, 1995, 1996, and 1997.".
(b) TECHNICAL AMENDMENT. -- The table of contents relating to the
Act is amended by inserting after the item relating to section 508 the
following item:
"Sec. 509. Protection and advocacy of individual rights.".
SEC. 601. PILOT PROGRAM.
(a) DEFINITION. -- Section 611(a) (29 U.S.C. 795(a)) is amended by
striking "section 7(8)" and inserting "section 7(8)(A)".
(b) PERSONAL ASSISTANCE SERVICES. -- Section 611(b)(1)(K) (29 U.S.C.
795(b)(1)(K)) is amended by striking "attendant care" and inserting
"personal assistance services".
SEC. 602. TREATMENT OF PERSONAL ASSISTANCE SERVICES COSTS.
Section 613(c) (29 U.S.C. 795b(c)) is amended by striking "attendant
care" and inserting "personal assistance services".
SEC. 603. DEFINITIONS.
Section 616 (29 U.S.C. 795e) is amended --
(1) by adding "and" at the end of paragraph (1);
(2) by striking "; and" at the end of paragraph (2) and
inserting a period; and
(3) by striking paragraph (3).
SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
Section 617 (29 U.S.C. 795f) is amended by striking "1987" and all
that follows and inserting "1993 through 1997.".
SEC. 611. PROJECTS WITH INDUSTRY.
(a) IN GENERAL. -- Section 621(a) (29 U.S.C. 795g(a)) is amended to
read as follows:
"(a)(1) The purpose of this part is to create and expand job and
career opportunities for individuals with disabilities in the
competitive labor market by engaging the talent and leadership of
private industry as partners in the rehabilitation process, to identify
competitive job and career opportunities and the skills needed to
perform such jobs, to create practical job and career readiness and
training programs, and to provide job placements and career advancement.
"(2) The Commissioner, in consultation with the Secretaries of Labor
and Commerce and with designated State units, may award grants to
individual employers, community rehabilitation program providers, labor
unions, trade associations, Indian tribes, tribal organizations,
designated State units, and other entities to establish jointly financed
Projects With Industry to create and expand job and career opportunities
for individuals with disabilities, which projects shall --
"(A) provide for the establishment of business advisory
councils, which shall --
"(i) be comprised of --
"(I) representatives of private industry, business concerns,
and organized labor; and
"(II) individuals with disabilities and their representatives;
"(ii) identify job and career availability within the
community;
"(iii) identify the skills necessary to perform the jobs and
careers identified; and
"(iv) prescribe training programs designed to develop
appropriate job and career skills for individuals with
disabilities;
"(B) provide individuals with disabilities with training in
realistic work settings in order to prepare the individuals for
employment and career advancement in the competitive market;
"(C) provide job placement and career advancement services;
"(D) to the extent appropriate, provide for --
"(i) the development and modification of jobs and careers to
accommodate the special needs of such individuals;
"(ii) the distribution of rehabilitation technology to such
individuals; and
"(iii) the modification of any facilities or equipment of the
employer that are used primarily by individuals with disabilities;
and
"(E) provide individuals with disabilities with such support
services as may be required in order to maintain the employment
and career advancement for which the individuals have received
training under this part.
"(3) An individual shall be eligible for services described in
paragraph (2) if the appropriate designated State unit determines the
individual to be an individual with a disability under section 7(8)(A)
or an individual with a severe disability under section 7(15)(A). In
making such a determination, the unit shall rely on the determination
made by the recipient of the grant under which the services are
provided, to the extent appropriate and available and consistent with
the requirements under this Act. If a designated State unit does not
notify a recipient of a grant within 60 days that the determination of
the recipient is inappropriate, the recipient of the grant may consider
the individual to be eligible.
"(4) The Commissioner shall enter into an agreement with the grant
recipient regarding the establishment of the project. Any agreement
shall be jointly developed by the Commissioner, the grant recipient,
and, to the extent practicable, the appropriate designated State unit
and the individuals with disabilities (or their representatives)
involved. Such agreements shall specify the terms of training and
employment under the project, provide for the payment by the
Commissioner of part of the costs of the project (in accordance with
subsection (c)), and contain the items required under subsection (b) and
such other provisions as the parties to the agreement consider to be
appropriate.
"(5) Any agreement shall include a description of a plan to annually
conduct a review and evaluation of the operation of the project in
accordance with standards developed by the Commissioner under subsection
(d), and, in conducting the review and evaluation, to collect
information on --
"(A) the numbers and types of individuals with disabilities
served;
"(B) the types of services provided;
"(C) the sources of funding;
"(D) the percentage of resources committed to each type of
service provided;
"(E) the extent to which the employment status and earning
power of individuals with disabilities changed following services;
"(F) the extent of capacity building activities, including
collaboration with business and industry and other organizations,
agencies, and institutions;
"(G) a comparison, if appropriate, of activities in prior years
with activities in the most recent year; and
"(H) the number of project participants who were terminated
from project placements and the duration of such placements.
"(6) The Commissioner may include, as part of agreements with grant
recipients, authority for such grant recipients to provide technical
assistance to --
"(A) assist employers in hiring individuals with
disabilities; or
"(B) improve or develop relationships between --
"(i) grant recipients or prospective grant recipients; and
"(ii) employers or organized labor; or
"(C) assist employers in understanding and meeting the
requirements of the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) as the Act relates to employment of
individuals with disabilities.".
(b) AGREEMENT. -- Section 621(b) (29 U.S.C. 795g(b)) is amended to
read as follows:
"(b) No payment shall be made by the Commissioner under any agreement
with a grant recipient entered into under subsection (a) unless such
agreement --
"(1) provides an assurance that individuals with disabilities
placed under such agreement shall receive at least the applicable
minimum wage;
"(2) provides an assurance that any individual with a
disability placed under this part shall be afforded terms and
benefits of employment equal to terms and benefits that are
afforded to the similarly situated co-workers of the individual,
and that such individuals with disabilities shall not be
segregated from their co-workers; and
"(3) provides an assurance that an annual evaluation report
containing information specified under subsection (a)(5) shall be
submitted as determined to be appropriate by the Commissioner.".
(c) EVALUATION. -- Section 621(d) (29 U.S.C. 795g(d)) is amended --
(1) by striking paragraphs (1) through (3) and inserting the
following:
"(1) The Commissioner shall develop standards for the evaluation
described in subsection (a)(5) and shall review and revise the
evaluation standards as necessary, subject to paragraphs (2) and (3).
"(2) In revising the standards for evaluation to be used by the grant
recipients, the Commissioner shall obtain and consider recommendations
for such standards from State vocational rehabilitation agencies,
current and former grant recipients, professional organizations
representing business and industry, organizations representing
individuals with disabilities, individuals served by grant recipients,
organizations representing community rehabilitation program providers,
and labor organizations."; and
(2) by redesignating paragraph (4) as paragraph (3).
(d) ADMINISTRATION. -- Subsections (e) through (h) of section 621
(29 U.S.C. 795g) are amended to read as follows:
"(e)(1)(A) A grant may be awarded under this section for a period of
up to 5 years and such grant may be renewed.
"(B) Grants under this section shall be awarded on a competitive
basis. To be eligible to receive such a grant, a prospective grant
recipient shall submit an application to the Commissioner at such time,
in such manner, and containing such information as the Commissioner may
require.
"(2) The Commissioner shall to the extent practicable ensure an
equitable distribution of payments made under this section among the
States. To the extent funds are available, the Commissioner shall award
grants under this section to new projects that will serve individuals
with disabilities in States, portions of States, Indian tribes, or
tribal organizations, that are currently unserved or underserved by
projects.
"(f)(1) The Commissioner shall, as necessary, develop and publish in
the Federal Register in final form indicators of what constitutes
minimum compliance consistent with the evaluation standards under
subsection (d)(1).
"(2) Each grant recipient shall report to the Commissioner at the end
of each project year the extent to which the grant recipient is in
compliance with the evaluation standards.
"(3)(A) The Commissioner shall annually conduct on-site compliance
reviews of at least 15 percent of grant recipients. The Commissioner
shall select grant recipients for review on a random basis.
"(B) The Commissioner shall use the indicators in determining
compliance with the evaluation standards.
"(C) The Commissioner shall ensure that at least one member of a team
conducting such a review shall be an individual who --
"(i) is not an employee of the Federal Government; and
"(ii) has experience or expertise in conducting projects.
"(D) The Commissioner shall ensure that --
"(i) a representative of the appropriate designated State unit
shall participate in the review; and
"(ii) no person shall participate in the review of a grant
recipient if --
"(I) the grant recipient provides any direct financial benefit
to the reviewer; or
"(II) participation in the review would give the appearance of
a conflict of interest.
"(4) In making a determination concerning any subsequent grant under
this section, the Commissioner shall consider the past performance of
the applicant, if applicable. The Commissioner shall use compliance
indicators developed under this subsection that are consistent with
program evaluation standards developed under subsection (d) to assess
minimum project performance for purposes of making continuation awards
in the third, fourth, and fifth years.
"(5) Each fiscal year the Commissioner shall include in the annual
report to Congress required by section 13 an analysis of the extent to
which grant recipients have complied with the evaluation standards. The
Commissioner may identify individual grant recipients in the analysis.
In addition, the Commissioner shall report the results of on-site
compliance reviews, identifying individual grant recipients.
"(g) The Commissioner may provide, directly or by way of grant,
contract, or cooperative agreement, technical assistance to --
"(1) entities conducting projects for the purpose of assisting
such entities in --
"(A) the improvement of or the development of relationships
with private industry or labor; or
"(B) the improvement of relationships with State vocational
rehabilitation agencies; and
"(2) entities planning the development of new projects.
"(h) As used in this section:
"(1) The term 'agreement' means an agreement described in
subsection (a)(4).
"(2) The term 'project' means a Project With Industry
established under subsection (a)(2).
"(3) The term 'grant recipient' means a recipient of a grant
under subsection (a)(2).".
(e) TECHNICAL AMENDMENT. -- Section 621 (29 U.S.C. 795g) is amended
by striking subsection (i).
SEC. 612. BUSINESS OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES.
(a) IN GENERAL. -- Title VI (29 U.S.C. 795 et seq.) is amended --
(1) in the heading for part B, by striking "AND BUSINESS
OPPORTUNITIES FOR INDIVIDUALS WITH HANDICAPS";
(2) by redesignating section 622 as section 641 "29 USC 795h,
795r";
(3) by inserting section 641 (as so redesignated) after section
638; and
(4) by inserting before such section 641 the following:
(b) AUTHORIZATION OF APPROPRIATIONS. -- Section 641 (as so
redesignated by subsection (a)(2) "29 USC 795r" of this section) is
amended --
(1) by inserting "(a)" before "The Commissioner"; and
(2) by adding at the end the following:
"(b) There are authorized to be appropriated to carry out this
section such sums as may be necessary for each of the 1993 through 1997
fiscal years.".
(c) TECHNICAL AMENDMENT. -- The Act (29 U.S.C. 701 et seq.) is
amended in the table of contents in the first section --
(1) by striking the item relating to the part heading for part
B of title VI and inserting the following:
(2) by striking the item relating to section 622; and
(3) by inserting after the item relating to section 638 the
following:
"Sec. 641. Business opportunities for individuals with
disabilities.".
SEC. 613. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION. -- Title VI (29 U.S.C. 795 et seq.) is amended --
(1) by redesignating section 623 as section 622 "29 USC 795i"
and
(2) in section 622 (29 U.S.C. 795i) (as so redesignated by
paragraph (1) of this subsection) by striking "section 621,
$16,070,000" and all that follows and inserting "this part, such
sums as may be necessary for each of fiscal years 1993 through
1997.".
(b) TABLE OF CONTENTS. -- The table of contents relating to title VI
is amended by inserting after the item relating to section 621 the
following:
"Sec. 622. Authorization of appropriations.".
SEC. 621. SUPPORTED EMPLOYMENT.
(a) PROGRAM. -- Title VI is amended by striking part C (29 U.S.C.
795j et seq.) and inserting the following:
"SEC. 631. "29 USC 795j" PURPOSE.
"It is the purpose of this part to authorize allotments, in addition
to grants for vocational rehabilitation services under title I, to
assist States in developing collaborative programs with appropriate
entities to provide supported employment services for individuals with
the most severe disabilities who require supported employment services
to enter or retain competitive employment.
"SEC. 632. "29 USC 795k" ALLOTMENTS.
"(a) IN GENERAL. --
"(1) STATES. -- The Secretary shall allot the sums
appropriated for each fiscal year to carry out this part among the
States on the basis of relative population of each State, except
that --
"(A) no State shall receive less than $250,000, or one-third of
one percent of the sums appropriated for the fiscal year for which
the allotment is made, whichever is greater; and
"(B) if the sums appropriated to carry out this part for the
fiscal year exceed by $1,000,000 or more the sums appropriated to
carry out this part in fiscal year 1992, no State shall receive
less than $300,000, or one-third of one percent of the sums
appropriated for the fiscal year for which the allotment is made,
whichever is greater.
"(2) CERTAIN TERRITORIES. --
"(A) IN GENERAL. -- For the purposes of this subsection, Guam,
American Samoa, the United States Virgin Islands, the Republic of
Palau, and the Commonwealth of the Northern Mariana Islands shall
not be considered to be States.
"(B) ALLOTMENT. -- Each jurisdiction described in subparagraph
(A) shall be allotted not less than one-eighth of one percent of
the amounts appropriated for the fiscal year for which the
allotment is made, except that the Republic of Palau may receive
such allotment under this section only until the Compact of Free
Association with Palau takes effect.
"(b) REALLOTMENT. -- Whenever the Commissioner determines that any
amount of an allotment to a State for any fiscal year will not be
expended by such State for carrying out the provisions of this part, the
Commissioner shall make such amount available for carrying out the
provisions of this part to one or more of the States that the
Commissioner determines will be able to use additional amounts during
such year for carrying out such provisions. Any amount made available
to a State for any fiscal year pursuant to the preceding sentence shall,
for the purposes of this section, be regarded as an increase in the
allotment of the State (as determined under the preceding provisions of
this section) for such year.
"SEC. 633. "29 USC 795l" AVAILABILITY OF SERVICES.
"Funds provided under this part may be used to provide supported
employment services to individuals who are eligible under this part.
Funds provided under this part, title I, or subsection (c) or (f) of
section 311 may not be used to provide extended services to individuals
who are eligible under this part or title I.
"SEC. 634. "29 USC 795M" ELIGIBILITY.
"An individual shall be eligible under this part to receive supported
employment services authorized under this Act if --
"(1) the individual is eligible for vocational rehabilitation
services;
"(2) the individual is determined to be an individual with the
most severe disabilities; and
"(3) a comprehensive assessment of rehabilitation needs of the
individual provided under section 102(b)(1)(A), including an
evaluation of rehabilitation, career, and job needs, identifies
supported employment as the appropriate rehabilitation objective
for the individual.
"SEC. 635. "29 USC 795n" STATE PLAN.
"(a) STATE PLAN SUPPLEMENTS. -- To be eligible for an allotment
under this part, a State shall submit to the Commissioner, as part of
the State plan under section 101, a State plan supplement for providing
supported employment services authorized under this Act to individuals
who are eligible under this Act to receive the services. Each State
shall make such annual revisions in the plan supplement as may be
necessary.
"(b) CONTENTS. -- Each such plan supplement shall --
"(1) designate each agency that the State designated under
section 101(a)(1) as the agency to administer the program assisted
under this part;
"(2) summarize the results of the comprehensive, statewide
assessment conducted under section 101(a)(5), with respect to the
rehabilitation and career needs of individuals with severe
disabilities and the need for supported employment services,
including needs related to coordination and use of information
within the State relating to section 618(b)(1)(C) of the
Individuals with Disabilities Education Act (20 U.S.C.
1418(b)(1)(C));
"(3) describe the quality, scope, and extent of supported
employment services authorized under this Act to be provided to
individuals who are eligible under this Act to receive the
services and specify the goals and plans of the State with respect
to the distribution of funds received under section 632;
"(4) demonstrate evidence of the efforts of the designated
State agency to identify and make arrangements (including entering
into cooperative agreements) with other State agencies and other
appropriate entities to assist in the provision of supported
employment services;
"(5) demonstrate evidence of the efforts of the designated
State agency to identify and make arrangements (including entering
into cooperative agreements) with other public or nonprofit
agencies or organizations within the State, employers, natural
supports, and other entities with respect to the provision of
extended services;
"(6) provide assurances that --
"(A) funds made available under this part will only be used to
provide supported employment services authorized under this Act to
individuals who are eligible under this part to receive the
services;
"(B) that the comprehensive assessments of individuals with
severe disabilities conducted under section 102(b)(1)(A) and
funded under title I will include consideration of supported
employment as an appropriate rehabilitation objective;
"(C) an individualized written rehabilitation program, as
required by section 102, will be developed and updated using funds
under title I in order to --
"(i) specify the supported employment services to be provided;
"(ii) specify the expected extended services needed; and
"(iii) identify the source of extended services, which may
include natural supports, or to the extent that it is not possible
to identify the source of extended services at the time the
individualized written rehabilitation program is developed, a
statement describing the basis for concluding that there is a
reasonable expectation that such sources will become available;
"(D) the State will use funds provided under this part only to
supplement, and not supplant, the funds provided under title I, in
providing supported employment services specified in the
individualized written rehabilitation program;
"(E) services provided under an individualized written
rehabilitation program will be coordinated with services provided
under other individualized plans established under other Federal
or State programs;
"(F) to the extent jobs skills training is provided, the
training will be provided on-site; and
"(G) supported employment services will include placement in an
integrated setting for the maximum number of hours possible based
on the unique strengths, resources, interests, concerns,
abilities, and capabilities of individuals with the most severe
disabilities;
"(7) provide assurances that the State agencies designated
under paragraph (1) will expend not more than 5 percent of the
allotment of the State under this part for administrative costs of
carrying out this part; and
"(8) contain such other information and be submitted in such
manner as the Commissioner may require.
"SEC. 636. "29 USC 795o" RESTRICTION.
"Each State agency designated under section 635(b)(1) shall collect
the client information required by section 13 separately for supported
employment clients under this part and for supported employment clients
under title I.
"SEC. 637. "29 USC 795p" SAVINGS PROVISION.
"(a) SUPPORTED EMPLOYMENT SERVICES. -- Nothing in this Act shall be
construed to prohibit a State from providing supported employment
services in accordance with the State plan submitted under section 101
by using funds made available through a State allotment under section
110.
"(b) POSTEMPLOYMENT SERVICES. -- Nothing in this part shall be
construed to prohibit a State from providing discrete postemployment
services in accordance with the State plan submitted under section 101
by using funds made available through a State allotment under section
110 to an individual who is eligible under this part.
"SEC. 638. "29 USC 795q" AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out this part such
sums as may be necessary for each of fiscal years 1993 through 1997.".
(b) TABLE OF CONTENTS. -- The table of contents relating to title VI
is amended by striking the items relating to part C and inserting the
following:
"Sec. 631. Purpose.
"Sec. 632. Allotments.
"Sec. 633. Availability of services.
"Sec. 634. Eligibility.
"Sec. 635. State plan.
"Sec. 636. Restriction.
"Sec. 637. Savings provision.
"Sec. 638. Authorization of appropriations.".
SEC. 701. SERVICES AND CENTERS.
The Act is amended --
(1) by striking title VII (29 U.S.C. 796 et seq.); and
(2) by adding at the end the following new title:
"SEC. 701. "29 USC 796" PURPOSE.
"The purpose of this chapter is to promote a philosophy of
independent living, including a philosophy of consumer control, peer
support, self-help, self-determination, equal access, and individual and
system advocacy, in order to maximize the leadership, empowerment,
independence, and productivity of individuals with disabilities, and the
integration and full inclusion of individuals with disabilities into the
mainstream of American society, by --
"(1) providing financial assistance to States for providing,
expanding, and improving the provision of independent living
services;
"(2) providing financial assistance to develop and support
statewide networks of centers for independent living; and
"(3) providing financial assistance to States for improving
working relationships among State independent living
rehabilitation service programs, centers for independent living,
Statewide Independent Living Councils established under section
705, State vocational rehabilitation programs receiving assistance
under title I, State programs of supported employment services
receiving assistance under part C of title VI, client assistance
programs receiving assistance under section 112, programs funded
under other titles of this Act, programs funded under other
Federal programs, and programs funded through non-Federal sources.
"SEC. 702. "29 USC 796a" DEFINITIONS.
"As used in this chapter:
"(1) CENTER FOR INDEPENDENT LIVING. -- The term 'center for
independent living' means a consumer-controlled, community-based,
cross-disability, nonresidential private nonprofit agency that --
"(A) is designed and operated within a local community by
individuals with disabilities; and
"(B) provides an array of independent living services.
"(2) CONSUMER CONTROL. -- The term 'consumer control' means,
with respect to an entity, that the entity vests power and
authority in individuals with disabilities.
"SEC. 703. "29 USC 796b" ELIGIBILITY FOR RECEIPT OF SERVICES.
"Services may be provided under this chapter to any individual with a
severe disability, as defined in section 7(15)(B).
"SEC. 704. "29 USC 796c" STATE PLAN.
"(a) IN GENERAL. --
"(1) REQUIREMENT. -- To be eligible to receive financial
assistance under this chapter, a State shall submit to the
Commissioner, and obtain approval of, a State plan containing such
provisions as the Commissioner may require, including, at a
minimum, the provisions required in this section.
"(2) JOINT DEVELOPMENT. -- The plan under paragraph (1) shall
be jointly developed and signed by --
"(A) the director of the designated State unit; and
"(B) the chairperson of the Statewide Independent Living
Council, acting on behalf of and at the direction of the Council.
"(3) PERIODIC REVIEW AND REVISION. -- The plan shall provide
for the review and revision of the plan, not less than once every
3 years, to ensure the existence of appropriate planning,
financial support and coordination, and other assistance to
appropriately address, on a statewide and comprehensive basis,
needs in the State for --
"(A) the provision of State independent living services;
"(B) the development and support of a statewide network of
centers for independent living; and
"(C) working relationships between --
"(i) programs providing independent living services and
independent living centers; and
"(ii) the vocational rehabilitation program established under
title I, and other programs providing services for individuals
with disabilities.
"(4) DATE OF SUBMISSION. -- The State shall submit the plan to
the Commissioner 90 days before the completion date of the
preceding plan. If a State fails to submit such a plan that
complies with the requirements of this section, the Commissioner
may withhold financial assistance under this chapter until such
time as the State submits such a plan.
"(b) STATEWIDE INDEPENDENT LIVING COUNCIL. -- The plan shall provide
for the establishment of a Statewide Independent Living Council in
accordance with section 705.
"(c) DESIGNATION OF STATE UNIT. -- The plan shall designate the
designated State unit of such State as the agency that, on behalf of the
State, shall --
"(1) receive, account for, and disburse funds received by the
State under this chapter based on the plan;
"(2) provide administrative support services for programs under
parts B and C;
"(3) keep such records and afford such access to such records
as the Commissioner finds to be necessary with respect to the
programs; and
"(4) submit such additional information or provide such
assurances as the Commissioner may require with respect to the
programs.
"(d) OBJECTIVES. -- The plan shall --
"(1) specify the objectives to be achieved under the plan and
establish timelines for the achievement of the objectives; and
"(2) explain how such objectives are consistent with and
further the purpose of this chapter.
"(e) INDEPENDENT LIVING SERVICES. -- The plan shall provide that the
State will provide independent living services under this chapter to
individuals with severe disabilities, and will provide the services to
such an individual in accordance with an independent living plan
mutually agreed upon by an appropriate staff member of the service
provider and the individual, unless the individual signs a waiver
stating that such a plan is unnecessary.
"(f) SCOPE AND ARRANGEMENTS. -- The plan shall describe the extent
and scope of independent living services to be provided under this
chapter to meet such objectives. If the State makes arrangements, by
grant or contract, for providing such services, such arrangements shall
be described in the plan.
"(g) NETWORK. -- The plan shall set forth a design for the
establishment of a statewide network of centers for independent living
that comply with the standards and assurances set forth in section 725.
"(h) CENTERS. -- In States in which State funding for centers for
independent living equals or exceeds the amount of funds allotted to the
State under part C, as provided in section 723, the plan shall include
policies, practices, and procedures governing the awarding of grants to
centers for independent living and oversight of such centers consistent
with section 723.
"(i) COOPERATION, COORDINATION, AND WORKING RELATIONSHIPS AMONG
VARIOUS ENTITIES. -- The plan shall set forth the steps that will be
taken to maximize the cooperation, coordination, and working
relationships among --
"(1) the independent living rehabilitation service program, the
Statewide Independent Living Council, and centers for independent
living; and
"(2) the designated State unit, other State agencies
represented on such Council, other councils that address the needs
of specific disability populations and issues, and other public
and private entities determined to be appropriate by the Council.
"(j) COORDINATION OF SERVICES. -- The plan shall describe how
services funded under this chapter will be coordinated with, and
complement, other services, in order to avoid unnecessary duplication
with other Federal, State, and local programs.
"(k) COORDINATION BETWEEN FEDERAL AND STATE SOURCES. -- The plan
shall describe efforts to coordinate Federal and State funding for
centers for independent living and independent living services.
"(l) OUTREACH. -- With respect to services and centers funded under
this chapter, the plan shall set forth steps to be taken regarding
outreach to populations that are unserved or underserved by programs
under this title, including minority groups and urban and rural
populations.
"(m) REQUIREMENTS. -- The plan shall provide satisfactory assurances
that all recipients of financial assistance under this chapter will --
"(1) notify all individuals seeking or receiving services under
this chapter about the availability of the client assistance
program under section 112, the purposes of the services provided
under such program, and how to contact such program;
"(2) take affirmative action to employ and advance in
employment qualified individuals with disabilities on the same
terms and conditions required with respect to the employment of
such individuals under the provisions of section 503;
"(3) adopt such fiscal control and fund accounting procedures
as may be necessary to ensure the proper disbursement of and
accounting for funds paid to the State under this chapter;
"(4)(A) maintain records that fully disclose --
"(i) the amount and disposition by such recipient of the
proceeds of such financial assistance;
"(ii) the total cost of the project or undertaking in
connection with which such financial assistance is given or used;
and
"(iii) the amount of that portion of the cost of the project or
undertaking supplied by other sources;
"(B) maintain such other records as the Commissioner determines
to be appropriate to facilitate an effective audit;
"(C) afford such access to records maintained under
subparagraphs (A) and (B) as the Commissioner determines to be
appropriate; and
"(D) submit such reports with respect to such records as the
Commissioner determines to be appropriate;
"(5) provide access to the Commissioner and the Comptroller
General or any of their duly authorized representatives, for the
purpose of conducting audits and examinations, of any books,
documents, papers, and records of the recipients that are
pertinent to the financial assistance received under this chapter;
and
"(6) provide for public hearings regarding the contents of the
plan during both the formulation and review of the plan.
"(n) EVALUATION. -- The plan shall establish a method for the
periodic evaluation of the effectiveness of the plan in meeting the
objectives established in subsection (d), including evaluation of
satisfaction by individuals with disabilities.
"SEC. 705. "29 USC 796d" STATEWIDE INDEPENDENT LIVING COUNCIL.
"(a) ESTABLISHMENT. -- To be eligible to receive financial
assistance under this chapter, each State shall establish a Statewide
Independent Living Council (referred to in this section as the
'Council'). The Council shall not be established as an entity within
another State agency.
"(b) COMPOSITION AND APPOINTMENT. --
"(1) APPOINTMENT. -- Members of the Council shall be appointed
by the Governor or the appropriate entity within the State
responsible for making appointments, within 90 days after the date
of enactment of the Rehabilitation Act Amendments of 1992. The
appointing authority shall select members after soliciting
recommendations from representatives of organizations representing
a broad range of individuals with disabilities and organizations
interested in individuals with disabilities.
"(2) COMPOSITION. -- The Council shall include --
"(A) at least one director of a center for independent living
chosen by the directors of centers for independent living within
the State; and
"(B) as ex officio, nonvoting members --
"(i) a representative from the designated State unit; and
"(ii) representatives from other State agencies that provide
services for individuals with disabilities.
"(3) ADDITIONAL MEMBERS. -- The Council may include --
"(A) other representatives from centers for independent living;
"(B) parents and guardians of individuals with disabilities;
"(C) advocates of and for individuals with disabilities;
"(D) representatives from private businesses;
"(E) representatives from organizations that provide services
for individuals with disabilities; and
"(F) other appropriate individuals.
"(4) QUALIFICATIONS. -- The Council shall be composed of
members --
"(A) who provide statewide representation;
"(B) who represent a broad range of individuals with
disabilities;
"(C) who are knowledgeable about centers for independent living
and independent living services; and
"(D) a majority of whom are persons who are --
"(i) individuals with disabilities described in section
7(8)(B); and
"(ii) not employed by any State agency or center for
independent living.
"(5) CHAIRPERSON. --
"(A) IN GENERAL. -- Except as provided in subparagraph (B),
the Council shall select a chairperson from among the membership
of the Council.
"(B) DESIGNATION BY GOVERNOR. -- In States in which the
Governor does not have veto power pursuant to State law, the
Governor shall designate a member of the Council to serve as the
chairperson of the Council or shall require the Council to so
designate such a member.
"(6) TERMS OF APPOINTMENT. --
"(A) LENGTH OF TERM. -- Each member of the Council shall serve
for a term of 3 years, except that --
"(i) a member appointed to fill a vacancy occurring prior to
the expiration of the term for which a predecessor was appointed,
shall be appointed for the remainder of such term; and
"(ii) the terms of service of the members initially appointed
shall be (as specified by the appointing authority) for such fewer
number of years as will provide for the expiration of terms on a
staggered basis.
"(B) NUMBER OF TERMS. -- No member of the Council may serve
more than two consecutive full terms.
"(7) VACANCIES. -- Any vacancy occurring in the membership of
the Council shall be filled in the same manner as the original
appointment. The vacancy shall not affect the power of the
remaining members to execute the duties of the Council.
"(c) DUTIES. -- The Council shall --
"(1) jointly develop and submit (in conjunction with the
designated State agency) the State plan required in section 704;
"(2) monitor, review, and evaluate the implementation of the
State plan;
"(3) coordinate activities with the State Rehabilitation
Advisory Council established under section 105 and councils that
address the needs of specific disability populations and issues
under other Federal law;
"(4) ensure that all regularly scheduled meetings of the
Council are open to the public and sufficient advance notice is
provided; and
"(5) submit to the Commissioner such periodic reports as the
Commissioner may reasonably request, and keep such records, and
afford such access to such records, as the Commissioner finds
necessary to verify such reports.
"(d) HEARINGS AND FORUMS. -- The Council is authorized to hold such
hearings and forums as the Council may determine to be necessary to
carry out the duties of the Council.
"(e) PLAN. --
"(1) IN GENERAL. -- The Council shall prepare, in conjunction
with the designated State unit, a plan for the provision of such
resources, including such staff and personnel, as may be necessary
to carry out the functions of the Council under this section, with
funds made available under this chapter and part C of title I and
from other public and private sources. The resource plan shall,
to the maximum extent possible, rely on the use of resources in
existence during the period of implementation of the plan.
"(2) SUPERVISION AND EVALUATION. -- Each Council shall,
consistent with State law, supervise and evaluate such staff and
other personnel as may be necessary to carry out the functions of
the Council under this section.
"(3) CONFLICT OF INTEREST. -- While assisting the Council in
carrying out its duties, staff and other personnel shall not be
assigned duties by the designated State agency or any other agency
or office of the State, that would create a conflict of interest.
"(f) COMPENSATION AND EXPENSES. -- The Council may use such
resources to reimburse members of the Council for reasonable and
necessary expenses of attending Council meetings and performing Council
duties (including child care and personal assistance services), and to
pay compensation to a member of the Council, if such member is not
employed or must forfeit wages from other employment, for each day the
member is engaged in performing Council duties.
"(g) USE OF EXISTING COUNCILS. -- To the extent that a State has
established a Council before September 30, 1992, that is comparable to
the Council described in this section, such Council shall be considered
to be in compliance with this section. Within 1 year after the date of
enactment of the Rehabilitation Act Amendments of 1992, such State shall
establish a Council that complies in full with this section.
"SEC. 706. "29 USC 796d-1" RESPONSIBILITIES OF THE COMMISSIONER.
"(a) APPROVAL OF STATE PLANS. --
"(1) IN GENERAL. -- The Commissioner shall approve any State
plan submitted under section 704 that the Commissioner determines
meets the requirements of section 704, and shall disapprove any
such plan that does not meet such requirements, as soon as
practicable after receiving the plan. Prior to such disapproval,
the Commissioner shall notify the State of the intention to
disapprove the plan, and shall afford such State reasonable notice
and opportunity for a hearing.
"(2) PROCEDURES. --
"(A) IN GENERAL. -- Except as provided in subparagraph (B),
the provisions of subsections (c) and (d) of section 107 shall
apply to any State plan submitted to the Commissioner under
section 704.
"(B) APPLICATION. -- For purposes of the application described
in subparagraph (A), all references in such provisions --
"(i) to the Secretary shall be deemed to be references to the
Commissioner; and
"(ii) to section 101 shall be deemed to be references to
section 704.
"(b) INDICATORS. -- Not later than October 1, 1993, the Commissioner
shall develop and publish in the Federal Register indicators of minimum
compliance consistent with the standards set forth in section 725.
"(c) ON-SITE COMPLIANCE REVIEWS. --
"(1) REVIEWS. -- The Commissioner shall annually conduct
on-site compliance reviews of at least 15 percent of the centers
for independent living that receive funds under part C and shall
periodically conduct such a review of each such center. The
Commissioner shall select such centers for review on a random
basis.
"(2) QUALIFICATIONS OF EMPLOYEES CONDUCTING REVIEWS. -- The
Commissioner shall --
"(A) to the maximum extent practicable, carry out such a review
by using employees of the Department who are knowledgeable about
the provision of independent living services;
"(B) ensure that the employee of the Department with
responsibility for supervising such a review shall have such
knowledge; and
"(C) ensure that at least one member of a team conducting such
a review shall be an individual who --
"(i) is not a government employee; and
"(ii) has experience in the operation of centers for
independent living.
"(d) REPORTS. -- The Commissioner shall include, in the annual
report required under section 13, information on the extent to which
centers for independent living receiving funds under part C have
complied with the standards and assurances set forth in section 725.
The Commissioner may identify individual centers for independent living
in the analysis. The Commissioner shall report the results of on-site
compliance reviews, identifying individual centers for independent
living and other recipients of assistance under this chapter.
"SEC. 711. "29 USC 796e" ALLOTMENTS.
"(a) IN GENERAL. --
"(1) STATES. --
"(A) POPULATION BASIS. -- Except as provided in subparagrahs
(B) and (C), from sums appropriated for each fiscal year to carry
out this part, the Commissioner shall make an allotment to each
State whose State plan has been approved under section 706 of an
amount bearing the same ratio to such sums as the population of
the State bears to the population of all States.
"(B) MAINTENANCE OF 1992 AMOUNTS. -- Subject to the
availability of appropriations to carry out this part, the amount
of any allotment made under subparagraph (A) to a State for a
fiscal year shall not be less than the amount of an allotment made
to the State for fiscal year 1992 under part A of this title, as
in effect on the day before the date of enactment of the
Rehabilitation Act Amendments of 1992.
"(C) MINIMUMS. -- Subject to the availability of
appropriations to carry out this part, and except as provided in
subparagraph (B), the allotment to any State under subparagraph
(A) shall be not less than $275,000 or one-third of one percent of
the sums made available for the fiscal year for which the
allotment is made, whichever is greater, and the allotment of any
State under this section for any fiscal year that is less than
$275,000 or one-third of one percent of such sums shall be
increased to the greater of the two amounts.
"(2) CERTAIN TERRITORIES. --
"(A) IN GENERAL. -- For the purposes of this subsection, Guam,
American Samoa, the United States Virgin Islands, the Commonwealth
of the Northern Mariana Islands, and the Republic of Palau shall
not be considered to be States.
"(B) ALLOTMENT. -- Each jurisdiction described in subparagraph
(A) shall be allotted not less than one-eighth of one percent of
the amounts made available for purposes of this part for the
fiscal year for which the allotment is made, except that the
Republic of Palau may receive such allotment under this section
only until the Compact of Free Association with Palau takes
effect.
"(3) ADJUSTMENT FOR INFLATION. -- For purposes of determining
the minimum amount of an allotment under paragraph (1)(C), the
amount $275,000 shall, in the case of such allotments for fiscal
year 1994 and subsequent fiscal years, be increased to the extent
necessary to offset the effects of inflation occurring since
October 1992, as measured by the percentage increase in the
Consumer Price Index For All Urban Consumers (U.S. city average)
during the period ending on April 1 of the fiscal year preceding
the fiscal year for which the allotment is to be made.
"(b) PROPORTIONAL REDUCTION. -- Subject to subsection (a)(1)(B),
amounts necessary to provide allotments to States in accordance with
subsection (a)(1)(B), or in accordance with subsection (a)(1)(C) as
increased under subsection (a)(3), or to provide allotments under
subsection (a)(2)(B), shall be derived by proportionately reducing the
allotments of the remaining States under subsection (a)(1), but with
such adjustments as may be necessary to prevent the allotment of any
such remaining States from being thereby reduced to less than the
greater of $275,000 or one-third of one percent of the sums made
available for purposes of this part for the fiscal year for which the
allotment is made, as increased in accordance with subsection (a)(3).
"(c) REALLOTMENT. -- Whenever the Commissioner determines that any
amount of an allotment to a State for any fiscal year will not be
expended by such State in carrying out the provisions of this part, the
Commissioner shall make such amount available for carrying out the
provisions of this part to one or more of the States that the
Commissioner determines will be able to use additional amounts during
such year for carrying out such provisions. Any amount made available
to a State for any fiscal year pursuant to the preceding sentence shall,
for the purposes of this section, be regarded as an increase in the
allotment of the State (as determined under the preceding provisions of
this section) for such year.
"SEC. 712. "29 USC 796e-1" PAYMENTS TO STATES FROM ALLOTMENTS.
"(a) PAYMENTS. -- From the allotment of each State for a fiscal year
under section 711, the State shall be paid the Federal share of the
expenditures incurred during such year under its State plan approved
under section 706. Such payments may be made (after necessary
adjustments on account of previously made overpayments or underpayments)
in advance or by way of reimbursement, and in such installments and on
such conditions as the Commissioner may determine.
"(b) FEDERAL SHARE. --
"(1) IN GENERAL. -- The Federal share with respect to any
State for any fiscal year shall be 90 percent of the expenditures
incurred by the State during such year under its State plan
approved under section 706.
"(2) NON-FEDERAL SHARE. -- The non-Federal share of the cost
of any project that receives assistance through an allotment under
this part may be provided in cash or in kind, fairly evaluated,
including plant, equipment, or services.
"(3) DETERMINATION. -- For the purpose of determining the
Federal share with respect to any State, expenditures by a
political subdivision of such State shall, subject to regulations
prescribed by the Commissioner, be regarded as expenditures by
such State.
"SEC. 713. "29 USC 796e-2" AUTHORIZED USES OF FUNDS.
"The State may use funds received under this part to provide the
resources described in section 705(e), relating to the Statewide
Independent Living Council, and may use funds received under this part
--
"(1) to provide independent living services to individuals with
severe disabilities;
"(2) to demonstrate ways to expand and improve independent
living services;
"(3) to support the operation of centers for independent
living;
"(4) to support activities to increase the capacities of public
or nonprofit agencies and organizations and other entities to
develop comprehensive approaches or systems for providing
independent living services;
"(5) to conduct studies and analyses, gather information,
develop model policies and procedures, and present information,
approaches, strategies, findings, conclusions, and recommendations
to Federal, State, and local policymakers in order to enhance
independent living services for individuals with disabilities;
"(6) to train individuals with disabilities and individuals
providing services to individuals with disabilities and other
persons regarding the independent living philosophy; and
"(7) to provide outreach to populations that are unserved or
underserved by programs under this title, including minority
groups and urban and rural populations.
"SEC. 714. "29 USC 796e-3" AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out this part such
sums as may be necessary for each of the fiscal years 1993, 1994, 1995,
1996, and 1997.
"SEC. 721. "29 USC 796f" PROGRAM AUTHORIZATION.
"(a) IN GENERAL. -- From the funds appropriated for fiscal year 1994
and for each subsequent fiscal year to carry out this part, the
Commissioner shall allot such sums as may be necessary to States and
other entities in accordance with subsections (b) through (d).
"(b) TRAINING. --
"(1) GRANTS; CONTRACTS; OTHER ARRANGEMENTS. -- For any
fiscal year in which the funds appropriated to carry out this part
exceed the funds appropriated to carry out this part for fiscal
year 1993, the Commissioner shall first reserve from such excess,
to provide training and technical assistance for such fiscal year,
not less than 1.8 percent, and not more than 2 percent, of such
funds.
"(2) ALLOCATION. -- From the funds reserved under paragraph
(1), the Commissioner shall make grants to, and enter into
contracts and other arrangements with, entities who have
experience in the operation of centers for independent living to
provide such training and technical assistance with respect to
planning, developing, conducting, administering, and evaluating
centers for independent living.
"(3) FUNDING PRIORITIES. -- The Commissioner shall conduct a
survey of Statewide Independent Living Councils and centers for
independent living regarding training and technical assistance
needs in order to determine funding priorities for such grants,
contracts, and other arrangements.
"(4) REVIEW. -- To be eligible to receive a grant or enter
into a contract or other arrangement under this subsection, such
an entity shall submit an application to the Commissioner at such
time, in such manner, and containing a proposal to provide such
training and technical assistance, and containing such additional
information as the Commissioner may require. The Commissioner
shall provide for peer review of grant applications by panels that
include persons who are not government employees and who have
experience in the operation of centers for independent living.
"(5) PROHIBITION ON COMBINED FUNDS. -- No funds reserved by
the Commissioner under this subsection may be combined with funds
appropriated under any other Act or part of this Act if the
purpose of combining funds is to make a single discretionary grant
or a single discretionary payment, unless such funds appropriated
under this chapter are separately identified in such grant or
payment and are used for the purposes of this chapter.
"(c) IN GENERAL. --
"(1) STATES. --
"(A) POPULATION BASIS. -- Except as provided in subparagraphs
(B) and (C) and after the reservation required by subsection (b)
has been made, from the remainder of the amounts appropriated for
each such fiscal year to carry out this part, the Commissioner
shall make an allotment to each State whose State plan has been
approved under section 706 of an amount bearing the same ratio to
such remainder as the population of the State bears to the
population of all States.
"(B) MAINTENANCE OF 1992 AMOUNTS. -- Subject to the
availability of appropriations to carry out this part, the amount
of any allotment made under subparagraph (A) to a State for a
fiscal year shall not be less than the amount of financial
assistance received by centers for independent living in the State
for fiscal year 1992 under part B of this title, as in effect on
the day before the date of enactment of the Rehabilitation Act
Amendments of 1992.
"(C) MINIMUMS. -- Subject to the availability of
appropriations to carry out this part and except as provided in
subparagraph (B), for a fiscal year in which the amounts
appropriated to carry out this part exceed the amounts
appropriated for fiscal year 1992 to carry out part B of this
title, as in effect on the day before the date of enactment of the
Rehabilitation Act Amendments of 1992 --
"(i) if such excess is not less than $8,000,000, the allotment
to any State under subparagraph (A) shall be not less than
$450,000 or one-third of one percent of the sums made available
for the fiscal year for which the allotment is made, whichever is
greater, and the allotment of any State under this section for any
fiscal year that is less than $450,000 or one-third of one percent
of such sums shall be increased to the greater of the two amounts;
"(ii) if such excess is not less than $4,000,000 and is less
than $8,000,000, the allotment to any State under subparagraph (A)
shall be not less than $400,000 or one-third of one percent of the
sums made available for the fiscal year for which the allotment is
made, whichever is greater, and the allotment of any State under
this section for any fiscal year that is less than $400,000 or
one-third of one percent of such sums shall be increased to the
greater of the two amounts; and
"(iii) if such excess is less than $4,000,000, the allotment to
any State under subparagraph (A) shall approach, as nearly as
possible, the greater of the two amounts described in clause (ii).
"(2) CERTAIN TERRITORIES. --
"(A) IN GENERAL. -- For the purposes of this subsection, Guam,
American Samoa, the United States Virgin Islands, the Commonwealth
of the Northern Mariana Islands, and the Republic of Palau shall
not be considered to be States.
"(B) ALLOTMENT. -- Each jurisdiction described in subparagraph
(A) shall be allotted not less than one-eighth of one percent of
the remainder for the fiscal year for which the allotment is made,
except that the Republic of Palau may receive such allotment under
this section only until the Compact of Free Association with Palau
takes effect.
"(3) ADJUSTMENT FOR INFLATION. -- For any fiscal year,
beginning in fiscal year 1994, in which the total amount
appropriated to carry out this part exceeds the total amount
appropriated to carry out this part for the preceding fiscal year
by a percentage greater than the most recent percentage change in
the Consumer Price Index For All Urban Consumers published by the
Secretary of Labor under section 100(c)(1), the Commissioner shall
increase the minimum allotment under paragraph (1)(C) by such
percentage change in the Consumer Price Index For All Urban
Consumers.
"(d) REALLOTMENT. -- Whenever the Commissioner determines that any
amount of an allotment to a State for any fiscal year will not be
expended by such State for carrying out the provisions of this part, the
Commissioner shall make such amount available for carrying out the
provisions of this part to one or more of the States that the
Commissioner determines will be able to use additional amounts during
such year for carrying out such provisions. Any amount made available
to a State for any fiscal year pursuant to the preceding sentence shall,
for the purposes of this section, be regarded as an increase in the
allotment of the State (as determined under the preceding provisions of
this section) for such year.
"(e) TRANSITION RULES. --
"(1) RESERVATION. --
"(A) FISCAL YEAR 1993. -- For fiscal year 1993, the
Commissioner shall first reserve from the funds appropriated to
carry out this part, not less than 1.8 percent, and not more than
2 percent, of such funds, whichever is greater, for training,
technical assistance, and transition assistance, to centers for
independent living.
"(B) TRAINING AND TECHNICAL ASSISTANCE. -- From the funds
reserved under subparagraph (A), the Commissioner shall make
grants to, and enter into contracts and other arrangements with,
entities who have experience in the operation of centers for
independent living, to --
"(i) provide such training and technical assistance with
respect to planning, developing, conducting, administering; and
evaluating centers for independent living; and
"(ii) provide such transition assistance to assist the centers
with efforts to achieve compliance with the standards and
assurances set forth in this part.
"(C) REVIEW. -- To be eligible to receive a grant or enter
into a contract or other arrangement under this paragraph, such an
entity shall submit an application to the Commissioner at such
time, in such manner, and containing a proposal to provide such
training, technical assistance, and transition assistance and
containing such additional information as the Commissioner may
require. The Commissioner shall provide for peer review of such
proposals by panels that include persons who are not government
emplohees and who have experience in the operation of centers for
independent living.
"(D) PROHIBITION ON COMBINED FUNDS. -- An entity that receives
funds under this paragraph shall comply with subsection (b)(5)
with respect to the funds.
"(2) IN GENERAL. --
"(A) GRANTS. -- After the reservation required by paragraph
(1) has been made, and from the remainder of the funds
appropriated for fiscal year 1993 to carry out this part, the
Secretary is authorized to make grants to eligible agencies
described in subparagraph (B) to operate centers for independent
living.
"(B) AGENCIES. --
"(i) FISCAL YEAR 1992 RECIPIENTS. -- Private nonprofit
agencies that received funding directly or through subgrants or
contracts under part B, as in effect on the day before the date of
enactment of the Rehabilitation Act Amendments of 1992, in fiscal
year 1992 shall receive assistance under this part for fiscal year
1993 if the agencies submit applications that demonstrate to the
satisfaction of the Commissioner that as of October 1, 1993, such
agencies will meet the standards described in section 725(b) and
that contain the assurances described in section 725(c). In
determining whether a center meets the standards described in
section 725(b), the Commissioner will look for information that
shows how the center will meet each standard. The Commissioner
shall consider any data on past performance that is provided by
the agency that shows how the center has been meeting the
standards.
"(ii) OTHER AGENCIES. -- Private nonprofit agencies that did
not receive assistance under part B, as in effect on the day
before the date of enactment of the Rehabilitation Act Amendments
of 1992, in fiscal year 1992 may receive assistance under this
part for fiscal year 1993 if the agencies submit satisfactory
applications for fiscal year 1993. In determining whether an
application is satisfactory, the Secretary shall use the criteria
for selection of centers specified in section 722(d)(2)(B).
"(C) PRIORITY. -- The Secretary may not award funds to a
private nonprofit agency that did not receive assistance under
part B, as in effect on the day before the date of enactment of
the Rehabilitation Act Amendments of 1992, in fiscal year 1992
until the Secretary has funded all agencies within each State that
received such funding and have submitted applications described in
subparagraph (B)(i) for fiscal year 1993.
"SEC. 722. "29 USC 796f-1" GRANTS TO CENTERS FOR INDEPENDENT LIVING
IN STATES IN WHICH FEDERAL FUNDING EXCEEDS STATE FUNDING.
"(a) ESTABLISHMENT. --
"(1) IN GENERAL. -- Unless the director of a designated State
unit awards grants under section 723 to eligible agencies in a
State for a fiscal year, the Commissioner shall award grants under
this section to such eligible agencies for such fiscal year from
the amount of funds allotted to the State under subsection (c) or
(d) of section 721 for such year.
"(2) GRANTS. -- The Commissioner shall award such grants, from
the amount of funds so allotted, to such eligible agencies for the
planning, conduct, administration, and evaluation of centers for
independent living that comply with the standards and assurances
set forth in section 725.
"(b) ELIGIBLE AGENCIES. -- In any State in which the Commissioner
has approved the State plan required by section 704, the Commissioner
may make a grant under this section to any eligible agency that --
"(1) has the power and authority to carry out the purpose of
this part and perform the functions set forth in section 725
within a community and to receive and administer funds under this
part, funds and contributions from private or public sources that
may be used in support of a center for independent living, and
funds from other public and private programs;
"(2) is determined by the Commissioner to be able to plan,
conduct, administer, and evaluate a center for independent living
consistent with the standards and assurances set forth in section
725; and
"(3) submits an application to the Commissioner at such time,
in such manner, and containing such information as the
Commissioner may require.
"(c) EXISTING ELIGIBLE AGENCIES. -- In the administration of the
provisions of this section, the Commissioner shall award grants to any
eligible agency that is receiving funds under this part on September 30,
1993, unless the Commissioner makes a finding that the agency involved
fails to meet program and fiscal standards and assurances set forth in
section 725.
"(d) NEW CENTERS FOR INDEPENDENT LIVING. --
"(1) IN GENERAL. -- If there is no center for independent
living serving in a region of the State or a region is
underserved, and the increase in the allotment of the State is
sufficient to support an additional center for independent living
in the State, the Commissioner may award a grant under this
section to the most qualified applicant, consistent with the
provisions in the State plan setting forth the design of the State
for establishing a statewide network of centers for independent
living.
"(2) SELECTION. -- In selecting from among applicants for a
grant under this section for a new center for independent living,
the Commissioner --
"(A) shall consider comments regarding the application, if any,
by the Statewide Independent Living Council in the State in which
the applicant is located;
"(B) shall consider the ability of each such applicant to
operate a center for independent living based on --
"(i) evidence of the need for such a center;
"(ii) any past performance of such applicant in providing
services comparable to independent living services;
"(iii) the plan for satisfying or demonstrated success in
satisfying the standards and the assurances set forth in section
725;
"(iv) the quality of key personnel and the involvement of
individuals with severe disabilities;
"(v) budgets and cost-effectiveness;
"(vi) an evaluation plan; and
"(vii) the ability of such applicant to carry out the plans;
and
"(C) shall give priority to applications from applicants
proposing to serve geographic areas within each State that are
currently unserved or underserved by independent living programs,
consistent with the provisions of the State plan submitted under
section 704 regarding establishment of a statewide network of
centers for independent living.
"(3) CURRENT CENTERS. -- Notwithstanding paragraphs (1) and
(2), a center for independent living that receives assistance
under part B (or part A as in effect on the day before the date of
enactment of the Rehabilitation Act Amendments of 1992) for a
fiscal year for the general operation of the center shall be
eligible for a grant for the subsequent fiscal year under this
subsection.
"(e) ORDER OF PRIORITIES. -- The Commissioner shall be guided by the
following order of priorities in allocating funds among centers for
independent living within a State, to the extent funds are available:
"(1) The Commissioner shall support existing centers for
independent living, as described in subsection (c), that comply
with the standards and assurances set forth in section 725, at the
level of funding for the previous year.
"(2) The Commissioner shall provide for a cost-of-living
increase for such existing centers for independent living.
"(3) The Commissioner shall fund new centers for independent
living, as described in subsection (d), that comply with the
standards and assurances set forth in section 725.
"(f) REVIEW. --
"(1) IN GENERAL. -- The Commissioner shall periodically review
each center receiving funds under this section to determine
whether such center is in compliance with the standards and
assurances set forth in section 725. If the Commissioner
determines that any center receiving funds under this section is
not in compliance with the standards and assurances set forth in
section 725, the Commissioner shall immediately notify such center
that it is out of compliance.
"(2) ENFORCEMENT. -- The Commissioner shall terminate all
funds under this section to such center 90 days after the date of
such notification unless the center submits a plan to achieve
compliance within 90 days of such notification and such plan is
approved by the Commissioner.
"SEC. 723. "29 USC 796f-2" GRANTS TO CENTERS FOR INDEPENDENT LIVING
IN STATES IN WHICH STATE FUNDING EQUALS OR EXCEEDS FEDERAL FUNDING.
"(a) ESTABLISHMENT. --
"(1) IN GENERAL. --
"(A) INITIAL YEAR. --
"(i) DETERMINATION. -- Beginning on October 1, 1993, the
director of a designated State unit, as provided in paragraph (2),
or the Commissioner, as provided in paragraph (3), shall award
grants under this section for an initial fiscal year if the
Commissioner determines that the amount of State funds that were
earmarked by a State for a preceding fiscal year to support the
general operation of centers for independent living meeting the
requirements of this part equaled or exceeded the amount of funds
allotted to the State under subsection (c) or (d) of section 721
for such year.
"(ii) GRANTS. -- The director or the Commissioner, as
appropriate, shall award such grants, from the amount of funds so
allotted for the initial fiscal year, to eligible agencies in the
State for the planning, conduct, administration, and evaluation of
centers for independent living that comply with the standards and
assurances set forth in section 725.
"(iii) REGULATION. -- The Commissioner shall by regulation
specify the preceding fiscal year with respect to which the
Commissioner will make the determinations described in clause (i)
and subparagraph (B).
"(B) SUBSEQUENT YEARS. -- For each year subsequent to the
initial fiscal year described in subparagraph (A), the director of
the designated State unit shall continue to have the authority to
award such grants under this section if the Commissioner
determines that the State continues to earmark the amount of State
funds described in subparagraph (A)(i). If the State does not
continue to earmark such an amount for a fiscal year, the State
shall be ineligible to make grants under this section after a
final year following such fiscal year, as defined in accordance
with regulations established by the Commissioner, and for each
subsequent fiscal year.
"(2) GRANTS BY DESIGNATED STATE UNITS. -- In order for the
designated State unit to be eligible to award the grants described
in paragraph (1) and carry out this section for a fiscal year with
respect to a State, the designated State agency shall submit an
application to the Commissioner at such time, and in such manner
as the Commissioner may require, including information about the
amount of State funds described in paragraph (1) for the preceding
fiscal year. If the Commissioner makes a determination described
in subparagraph (A)(i) or (B), as appropriate, of paragraph (1),
the Commissioner shall approve the application and designate the
director of the designated State unit to award the grant and carry
out this section.
"(3) GRANTS BY COMMISSIONER. -- If the designated State agency
of a State described in paragraph (1) does not submit and obtain
approval of an application under paragraph (2), the Commissioner
shall award the grant described in paragraph (1) to the State in
accordance with section 722.
"(b) ELIGIBLE AGENCIES. -- In any State in which the Commissioner
has approved the State plan required by section 704, the director of the
designated State unit may award a grant under this section to any
eligible agency that --
"(1) has the power and authority to carry out the purpose of
this part and perform the functions set forth in section 725
within a community and to receive and administer funds under this
part, funds and contributions from private or public sourcs that
may be used in support of a center for independent living, and
funds from other public and private programs;
"(2) is determined by the director to be able to plan, conduct,
administer, and evaluate a center for independent living,
consistent with the standards and assurances set forth in section
725; and
"(3) submits an application to the director at such time, in
such manner, and containing such information as the head of the
designated State unit may require.
"(c) EXISTING ELIGIBLE AGENCIES. -- In the administration of the
provisions of this section, the director of the designated State unit
shall award grants under this part on September 30, 1993, unless the
director makes a finding that the agency involved fails to comply with
the standards and assurances set forth in section 725.
"(d) NEW CENTERS FOR INDEPENDENT LIVING. --
"(1) IN GENERAL. -- If there is no center for independent
living serving a region of the State or the region is unserved or
underserved, and the increase in the allotment of the State is
sufficient to support an additional center for independent living
in the State, the director of the designated State unit may award
a grant under this section from among eligible agencies,
consistent with the provisions of the State plan under section 704
setting forth the design of the State for establishing a statewide
network of centers for independent living.
"(2) SELECTION. -- In selecting from among eligible agencies
in awarding a grant under this part for a new center for
independent living --
"(A) the director of the designated State unit and the
chairperson of, or other individual designated by, the Statewide
Independent Living Council acting on behalf of and at the
direction of the Council, shall jointly appoint a peer review
committee that shall rank applications in accordance with the
standards and assurances set forth in section 725 and criteria
jointly established by such director and such chairperson or
individual;
"(B) the peer review committee shall consider the ability of
each such applicant to operate a center for independent living,
and shall recommend an applicant to receive a grant under this
section, based on --
"(i) evidence of the need for a center for independent living,
consistent with the State plan;
"(ii) any past performance of such applicant in providing
services comparable to independent living services;
"(iii) the plan for complying with, or demonstrated success in
complying with, the standards and the assurances set forth in
section 725;
"(iv) the quality of key personnel of the applicant and the
involvement of individuals with severe disabilities by the
applicant;
"(v) the budgets and cost-effectiveness of the applicant;
"(vi) the evaluation plan of the applicant; and
"(vii) the ability of such applicant to carry out the plans;
and
"(C) the director of the designated State unit shall award the
grant on the basis of the recommendations of the peer review
committee if the actions of the committee are consistent with
Federal and State law.
"(3) CURRENT CENTERS. -- Notwithstanding paragraphs (1) and
(2), a center for independent living that receives assistance
under part B (or part A as in effect on the day before the date of
enactment of the Rehabilitation Act Amendments of 1992) for a
fiscal year for the general operation of the center shall be
eligible for a grant for the subsequent fiscal year under this
subsection.
"(e) ORDER OF PRIORITIES. -- Unless the director of the designated
State unit and the chairperson of the Council or other individual
designated by the Council acting on behalf of and at the direction of
the Council jointly agree on another order of priority, the director
shall be guided by the following order of priorities in allocating funds
among centers for independent living within a State, to the extent funds
are available:
"(1) The director of the designated State unit shall support
existing centers for independent living, as described in
subsection (c), that comply with the standards and assurances set
forth in section 725, at the level of funding for the preious
year.
"(2) The director of the designated State unit shall provide
for a cost-of-living increase for such existing centers for
independent living.
"(3) The director of the designated State unit shall fund new
centers for independent living, as described in subsection (d),
that comply with the standards and assurances set forth in section
725.
"(f) REVIEW. --
"(1) IN GENERAL. -- The director of the designated State unit
shall periodically review each center reeiving funds under this
section to determine whether such center is in compliance with the
standards and assurances set forth in section 725. If the
director of the designated State unit determines that any center
receiving funds under this section is not in compliance with the
standards and assurances set forth in section 725, the director of
the designated State unit shall immediately notify such center
that it is out of compliance.
"(2) ENFORCEMENT. -- The director of the designated State unit
shall terminate all funds under this section to such center 90
days after --
"(A) the date of such notification; or
"(B) in the case of a center that requests an appeal under
subsection (h), the date of any final decision under subsection
(h),
unless the center submits a plan to achieve compliance within
90 days and such plan is approved by the director, or if appealed,
by the Commissioner.
"(g) ON-SITE COMPLIANCE REVIEW. -- The director of the designated
State unit shall conduct on-site compliance review of centers for
independent living. Each team that conducts on-site compliance review
of centers for independent living shall include at least one person who
is not an employee of the designated State agency, who has experience in
the operation of centers for independent living, and who is jointly
selected by the director of the designated State unit and the
chairperson of or other individual designated by the Council acting on
behalf of and at the direction of the Council. A copy of this review
shall be provided to the Commissioner.
"(h) ADVERSE ACTIONS. -- If the director of the designated State
unit proposes to take a significant adverse action against a center for
independent living, the center may seek mediation and conciliation to be
provided by an individual or individuals who are free of conflicts of
interest identified by the chairperson of or other individual designated
by the Council. If the issue is not resolved through the mediation and
conciliation, the center may appeal the proposed adverse action to the
Commissioner for a final decision.
"SEC. 724. "29 USC 796f-3" CENTERS OPERATED BY STATE AGENCIES.
"(a) FISCAL YEAR 1993. --
"(1) IN GENERAL. -- Notwithstanding section 702(1), if --
"(A) no nonprofit private agency --
"(i) submits an acceptable application to operate a center for
independent living for fiscal year 1993 before a date specified by
the Commissioner; and
"(ii) obtains approval of the application under section 722 or
723; and
"(B) a State directly operated such a center in fiscal year
1992 with funds provided under part B, as in effect on the day
before the date of enactment of the Rehabilitation Act Amendments
of 1992,
the State may apply to the Commissioner for assistance under
section 721(e)(2) for the conduct, administration, and evaluation
of such a center.
"(2) COMPLIANCE. -- A State that receives assistance with
respect to a center in accordance with paragraph (1) shall ensure
that the center shall comply with all of the requirements of this
part, other than the requirement that the center be a private
nonprofit agency.
"(b) FISCAL YEAR 1994 AND SUCCEEDING FISCAL YEARS. -- A State that
receives assistance for fiscal year 1993 with respect to a center in
accordance with subsection (a) may continue to receive assistance under
this part for fiscal year 1994 or a succeeding fiscal year if, for such
fiscal year --
"(1) no nonprofit private agency --
"(A) submits an acceptable application to operate a center for
independent living for fiscal year 1993 before a date specified by
the Commissioner; and
"(B) obtains approval of the application under section 722 or
723; or
"(2) after funding all applications so submitted and approved,
the Commissioner determines that funds remain available to provide
such assistance.
"SEC. 725. "29 USC 796f-4" STANDARDS AND ASSURANCES FOR CENTERS FOR
INDEPENDENT LIVING.
"(a) IN GENERAL. -- Each center for independent living that receives
assistance under this part shall comply with the standards set out in
subsection (b) and provide and comply with the assurances set out in
subsection (c) in order to ensure that all programs and activities under
this part are planned, conducted, administered, and evaluated in a
manner consistent with the purposes of this chapter and the objective of
providing assistance effectively and efficiently.
"(b) STANDARDS. --
"(1) PHILOSOPHY. -- The center shall promote and practice the
independent living philosophy of --
"(A) consumer control of the center regarding decisionmaking,
service delivery, management, and establishment of the policy and
direction of the center;
"(B) self-help and self-advocacy;
"(C) development of peer relationships and peer role models;
and
"(D) equal access of individuals with severe disabilities to
society and to all services, programs, activities, resources, and
facilities, whether public or private and regardless of the
funding source.
"(2) PROVISION OF SERVICES. -- The center shall provide
services to individuals with a range of severe disabilities. The
center shall provide services on a cross-disability basis (for
individuals with all different types of severe disabilities,
including individuals with disabilities who are members of
populations that are unserved or underserved by programs under
this Act). Eligibility for services at any center for independent
living shall not be based on the presence of any one or more
specific severe disabilities.
"(3) INDEPENDENT LIVING GOALS. -- The center shall facilitate
the development and achievement of independent living goals
selected by individuals with severe disabilities who seek such
assistance by the center.
"(4) COMMUNITY OPTIONS. -- The center shall work to increase
the availability and improve the quality of community options for
independent living in order to facilitate the development and
achievement of independent living goals by individuals with severe
disabilities.
"(5) INDEPENDENT LIVING CORE SERVICES. -- The center shall
provide independent living core services and, as appropriate, a
combination of any other independent living services specified in
section 7(30)(B).
"(6) ACTIVITIES TO INCREASE COMMUNITY CAPACITY. -- The center
shall conduct activities to increase the capacity of communities
within the service area of the center to meet the needs of
individuals with severe disabilities.
"(7) RESOURCE DEVELOPMENT ACTIVITIES. -- The center shall
conduct resource development activities to obtain funding from
sources other than this chapter.
"(c) ASSURANCES. -- The eligible agency shall provide at such time
and in such manner as the Commissioner may require, such satisfactory
assurances as the Commissioner may require, including satisfactory
assurances that --
"(1) the applicant is an eligible agency;
"(2) the center will be designed and operated within local
communities by individuals with disabilities, including an
assurance that the center will have a Board that is the principal
governing body of the center and a majority of which shall be
composed of individuals with severe disabilities;
"(3) the applicant will comply with the standards set forth in
subsection (b);
"(4) the applicant will establish clear priorities through
annual and 3-year program and financial planning objectives for
the center, including overall goals or a mission for the center, a
work plan for achieving the goals or mission, specific objectives,
service priorities, and types of services to be provided, and a
description that shall demonstrate how the proposed activities of
the applicant are consistent with the most recent 3-year State
plan under section 704;
"(5) the applicant will use sound organizational and personnel
assignment practices, including taking affirmative action to
employ and advance in employment qualified individuals with severe
disabilities on the same terms and conditions required with
respect to the employment of individuals with disabilities under
section 503;
"(6) the applicant will ensure that the majority of the staff,
and individuals in decisionmaking positions, of the applicant are
individuals with disabilities;
"(7) the applicant will practice sound fiscal management,
including making arrangements for an annual independent fiscal
audit;
"(8) the applicant will conduct annual self-evaluations,
prepare an annual report, and maintain records adequate to measure
performance with respect to the standards, containing information
regarding, at a minimum --
"(A) the extent to which the center is in compliance with the
standards;
"(B) the number and types of individuals with severe
disabilities receiving services through the center;
"(C) the types of services provided through the center and the
number of individuals with severe disabilities receiving each type
of service;
"(D) the sources and amounts of funding for the operation of
the center;
"(E) the number of individuals with severe disabilities who are
employed by, and the number who are in management and
decisionmaking positions in the center; and
"(F) a comparison, when appropriate, of the activities of the
center in prior years with the activities of the center in the
most recent year;
"(9) individuals with severe disabilities who are seeking or
receiving services at the center will be notified by the center of
the existence of, the availability of, and how to contact, the
client assistance program;
"(10) aggressive outreach regarding services provided through
the center will be conducted in an effort to reach populations of
individuals with severe disabilities that are unserved or
underserved by programs under this title, especially minority
groups and urban and rural populations;
"(11) staff at centers for independent living will receive
training on how to serve such unserved and underserved
populations, including minority groups and urban and rural
populations;
"(12) the center will submit to the Statewide Independent
Living Council a copy of its approved grant application and the
annual report required under paragraph (8);
"(13) the center will prepare and submit a report to the
designated State unit or the Commissioner, as the case may be, at
the end of each fiscal year that contains the information
described in paragraph (8) and information regarding the exent to
which the center is in compliance with the standards set forth in
subsection (b); and
"(14) an independent living plan described in section 704(e)
will be developed unless the individual who would receive services
under the plan signs a waiver stating that such a plan is
unnecessary.
"SEC. 726. "29 USC 796f-5" DEFINITIONS.
"As used in this part, the term 'eligible agency' means a
consumer-controlled, community-based, cross-disability, nonresidential
private nonprofit agency.
"SEC. 727. "29 USC 796f-6" AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out this part such
sums as may be necessary for each of the fiscal years 1993, 1994, 1995,
1996, and 1997.".
SEC. 702. "29 USC 796 note" EFFECTIVE DATE.
(a) IN GENERAL. -- Except as provided in subsections (b) and (c),
this title and the amendments made by this title shall take effect on
the date of enactment of this Act.
(b) CENTERS FOR INDEPENDENT LIVING. -- The provisions of part C of
chapter 1 of title VII of the Rehabilitation Act of 1973 (as added by
section 701 of this Act), shall not apply with respect to fiscal year
1992 for programs receiving assistance under part B of such chapter, as
in effect on the day before the date of enactment of this Act. The
provisions of such part B shall continue to apply for such programs with
respect to fiscal year 1992.
(c) STATE PLAN. -- The Secretary of Education shall implement the
provisions of section 704 of the Rehabilitation Act of 1973 (as amended
by section 701 of this Act), as soon as is practicable after the date of
enactment of this Act, consistent with the effective and efficient
administration of the Rehabilitation Act of 1973 (29 U.S.C. 701 et
seq.), but not later than October 1, 1993.
SEC. 703. INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE
BLIND.
(a) SERVICES. -- Title VII (29 U.S.C. 796 et seq.) is amended by
adding at the end the following:
"SEC. 751. "29 USC 796j" DEFINITION.
"For purposes of this chapter, the term 'older individual who is
blind' means an individual age 55 or older whose severe visual
impairment makes competitive employment extremely difficult to attain
but for whom independent living goals are feasible.
"SEC. 752. "29 USC 796k" PROGRAM OF GRANTS.
"(a) IN GENERAL. --
"(1) AUTHORITY FOR GRANTS. -- Subject to subsections (b) and
(c), the Commissioner may make grants to States for the purpose of
providing the services described in subsection (d) to older
individuals who are blind.
"(2) DESIGNATED STATE UNIT. -- The Commissioner may not make a
grant under subsection (a) unless the State involved agrees that
the grant will be administered solely by the agency described in
section 101(a)(1)(A)(i).
"(b) CONTINGENT COMPETITIVE GRANTS. -- Beginning with fiscal year
1994, in the case of any fiscal year for which the amount appropriated
under section 753 is less than $13,000,000, grants under subsection (a)
shall be discretionary grants made on a competitive basis to States.
"(c) CONTINGENT FORMULA GRANTS. --
"(1) IN GENERAL. -- In the case of any fiscal year for which
the amount appropriated under section 753 is equal to or greater
than $13,000,000, grants under subsection (a) shall be made only
to States and shall be made only from allotments under paragraph
(2).
"(2) ALLOTMENTS. -- For grants under subsection (a) for a
fiscal year described in paragraph (1), the Commissioner shall
make an allotment to each State in an amount determined in
accordance with subsection (j), and shall make a grant to the
State of the allotment made for the State if the State submits to
the Commissioner an application in accordance with subsection (i).
"(d) SERVICES GENERALLY. -- The Commissioner may not make a grant
under subsection (a) unless the State involved agrees that the grant
will be expended only for purposes of --
"(1) providing independent living services to older individuals
who are blind;
"(2) conducting activities that will improve or expand services
for such individuals; and
"(3) conducting activities to help improve public understanding
of the problems of such individuals.
"(e) INDEPENDENT LIVING SERVICES. -- Independent living servics for
purposes of subsection (d)(1) include --
"(1) services to help correct blindness, such as --
"(A) outreach services;
"(B) visual screening;
"(C) surgical or therapeutic treatment to prevent, correct, or
modify disabling eye conditions; and
"(D) hospitalization related to such services;
"(2) the provision of eyeglasses and other visual aids;
"(3) the provision of services and equipment to assist an older
individual who is blind to become more mobile and more
self-sufficient;
"(4) mobility training, Braille instruction, and other services
and equipment to help an older individual who is blind adjust to
blindness;
"(5) guide services, reader services, and transportation;
"(6) any other appropriate service designed to assist an older
individual who is blind in coping with daily living activities,
including supportive services and rehabilitation teaching
services;
"(7) independent living skills training, information and
referral services, peer counseling, and individual advocacy
training; and
"(8) other independent living services, as defined in section
7(30).
"(f) MATCHING FUNDS. --
"(1) IN GENERAL. -- The Commissioner may not make a grant
under subsection (a) unless the State involved agrees, with
respect to the costs of the program to be carried out by the State
pursuant to such subsection, to make available (directly or
through donations from public or private entities) non-Federal
contributions toward such costs in an amount that is not less than
$1 for each $9 of Federal funds provided in the grant.
"(2) DETERMINATION OF AMOUNT CONTRIBUTED. -- Non-Federal
contributions required in paragraph (1) may be in cash or in kind,
fairly evaluated, including plant, equipment, or services.
Amounts provided by the Federal Government, or services assisted
or subsidized to any significant extent by the Federal Government,
may not be included in determining the amount of such non-Federal
contributions.
"(g) CERTAIN EXPENDITURES OF GRANTS. -- A State may expend a grant
under subsection (a) to carry out the purposes specified in subsection
(d) through grants to public and nonprofit private agencies or
organizations.
"(h) REQUIREMENT REGARDING STATE PLAN. -- The Commissioner may not
make a grant under subsection (a) unless the State involved agrees that,
in carrying out subsection (d)(1), the State will seek to incorporate
into the State plan under section 704 any new methods and approaches
relating to independent living services for older individuals who are
blind.
"(i) APPLICATION FOR GRANT. --
"(1) IN GENERAL. -- The Commissioner may not make a grant
under subsection (a) unless an application for the grant is
submitted to the Commissioner and the application is in such form,
is made in such manner, and contains such agreements, assurances,
and information as the Commissioner determines to be necessary to
carry out this section (including agreements, assurances, and
information with respect to any grants under subsection (j)(4)).
"(2) CONTENTS. -- An application for a grant under this
section shall contain --
"(A) an assurance that the designated State unit described in
subsection (a)(2) will prepare and submit to the Commissioner a
report, at the end of each fiscal year, with respect to each
project or program the designated State unit operates or
administers under this section, whether directly or through a
grant or contract, which report shall contain, at a minimum,
information on --
"(i) the number and types of older individuals who are blind
and are receiving services;
"(ii) the types of services provided and the number of older
individuals who are blind and are receiving each type of service;
"(iii) the sources and amounts of funding for the operation of
each project or program;
"(iv) the amounts and percentages of resources committed to
each type of service provided;
"(v) data on actions taken to employ, and advance in
employment, qualified individuals with severe disabilities,
including older individuals who are blind; and
"(vi) a comparison, if appropriate, of prior year activities
with the activities of the most recent year;
"(B) an assurance that the designated State unit will --
"(i) provide services that contribute to the maintenance of, or
the increased independence of, older individuals who are blind;
and
"(ii) engage in --
"(I) capacity-building activities, including collaboration with
other agencies and organizations;
"(II) activities to promote community awareness, involvement,
and assistance; and
"(III) outreach efforts; and
"(C) an assurance that the application is consistent with the
State plan for providing independent living services required by
section 704.
"(j) AMOUNT OF FORMULA GRANT. --
"(1) IN GENERAL. -- Subject to the availability of
appropriations, the amount of an allotment under subsection (a)
for a State for a fiscal year shall be the greater of --
"(A) the amount determined under paragraph (2); and
"(B) the amount determined under paragraph (3).
"(2) MINIMUM ALLOTMENT. --
"(A) STATES. -- In the case of the several States, the
District of Columbia, and the Commonwealth of Puerto Rico, the
amount referred to in subparagraph (A) of paragraph (1) for a
fiscal year is the greater of --
"(i) $225,000; and
"(ii) an amount equal to one-third of one percent of the amount
appropriated under section 753 for the fiscal year and available
for allotments under subsection (a).
"(B) CERTAIN TERRITORIES. -- In the case of Guam, American
Samoa, the United States Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and the Republic of Palau, the amount
referred to in subparagraph (A) of paragraph (1) for a fiscal year
is $40,000, except that the Republic of Palau may receive such
allotment under this section only until the Compact of Free
Association with Palau takes effect.
"(3) FORMULA. -- The amount referred to in subparagraph (B) of
paragraph (1) for a State for a fiscal year is the product of --
"(A) the amount appropriated under section 753 and available
for allotments under subsection (a); and
"(B) a percentage equal to the quotient of --
"(i) an amount equal to the number of individuals residing in
the State who are not less than 55 years of age; divided by
"(ii) an amount equal to the number of individuals residing in
the United States who are not less than 55 years of age.
"(4) DISPOSITION OF CERTAIN AMOUNTS. --
"(A) GRANTS. -- From the amounts specified in subparagraph
(B), the Commissioner may make grants to States whose population
of older individuals who are blind has a substantial need for the
services specified in subsection (d) relative to the populations
in other States of older individuals who are blind.
"(B) AMOUNTS. -- The amounts referred to in subparagraph (A)
are any amounts that are not paid to States under subsection (a)
as a result of --
"(i) the failure of any State to submit an application under
subsection (i);
"(ii) the failure of any State to prepare within a reasonable
period of time such application in compliance with such
subsection; or
"(iii) any State informing the Commissioner that the State does
not intend to expend the full amount of the allotment made for the
State under subsection (a).
"(C) CONDITIONS. -- The Commissioner may not make a grant
under subparagraph (A) unless the State involved agrees that the
grant is subject to the same conditions as grants made under
subsection (a).
"SEC. 753. "29 USC 796l" AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated to carry out this chapter
such sums as may be necessary for each of the fiscal years 1993 through
1997.".
(b) TECHNICAL AMENDMENT. -- The table of contents relating to the
Act is amended by striking the items relating to title VII and inserting
the following:
"Sec. 701. Purpose.
"Sec. 702. Definitions.
"Sec. 703. Eligibility for receipt of services.
"Sec. 704. State plan.
"Sec. 705. Statewide Independent Living Council.
"Sec. 706. Responsibilities of the Commissioner.
"Sec. 711. Allotments.
"Sec. 712. Payments to States from allotments.
"Sec. 713. Authorized uses of funds.
"Sec. 714. Authorization of appropriations.
"Sec. 721. Program authorization.
"Sec. 722. Grants to centers for independent living in States in
which Federal funding exceeds State funding.
"Sec. 723. Grants to centers for independent living in States in
which State funding equals or exceeds Federal funding.
"Sec. 724. Centers operated by State agencies.
"Sec. 725. Standards and assurances for centers for independent
living.
"Sec. 726. Definitions.
"Sec. 727. Authorization of appropriations.
"Sec. 751. Definition.
"Sec. 752. Program of grants.
"Sec. 753. Authorization of appropriations.".
SEC. 801. SPECIAL DEMONSTRATIONS AND TRAINING PROJECTS.
(a) IN GENERAL. -- The Act (29 U.S.C. 701 et seq.) is amended by
adding at the end the following title:
"SEC. 801. "29 USC 797" AUTHORIZATION OF APPROPRIATIONS.
"(a) DEMONSTRATION PROJECTS. -- There are authorized to be
appropriated to carry out section 802, such sums as may be necessary for
each of the fiscal years 1993 through 1997.
"(b) TRAINING INITIATIVES. -- There are authorized to be
appropriated to carry out section 803, such sums as may be necessary for
each of the fiscal years 1993 through 1997.
"SEC. 802. "29 USC 797a" DEMONSTRATION ACTIVITIES.
"(a) TRANSPORTATION SERVICES GRANTS. --
"(1) GRANTS. -- The Commissioner shall make grants to States
and to public or nonprofit agencies and organizations for the
purpose of providing transportation services to individuals with
disabilities who --
"(A)(i) are employed or seeking employment; or
"(ii) are receiving vocational rehabilitation services from
public or private organizations; and
"(B) reside in geographic areas in which fixed route public
transportation or comparable paratransit service is not available.
"(2) USE OF GRANT. -- The Commissioner may make a grant under
this subsection only if the applicant involved agrees that
transportation services under this subsection will be provided on
a regular and continuing basis between --
"(A) the home of the individual; and
"(B) the place of employment of the individual, the place where
the individual is seeking employment, or the place where the
individual is receiving vocational rehabilitation services.
"(3) CHARGES. -- The Commissioner may make a grant under
paragraph (1) only if the applicant involved agrees that, in
providing transportation services under this subsection --
"(A) a charge for the transportation will be imposed on each
employed eligible individual who uses the transportation; and
"(B) the amount of the charge for an instance of use of the
transportation for the distance involved will be in a fair and
reasonable amount that is consistent with fees for comparable
services in comparable geographic areas.
"(4) REPORT. -- The Commissioner may make a grant under this
subsection only if the applicant involved agrees to prepare and
submit to the Commissioner, not later than December 31 of the
fiscal year following the fiscal year for which the grant is made,
a report containing --
"(A) a description of the goals of the program carried out with
the grant;
"(B) a description of the activities and services provided
under the program;
"(C) a description of the number of eligible individuals served
under the program;
"(D) a description of methods used to ensure that the program
serves the eligible individuals most in need of the transportation
services provided under the program; and
"(E) such additional information as the Commissioner may
require.
"(5) CONSTRUCTION. -- Nothing in this subsection may be
construed as limiting the rights or responsibilities of any
individual under any other provision of this Act, under the
Americans with Disabilities Act of 1990, or under any other
provision of law.
"(b) PROJECTS TO ACHIEVE HIGH QUALITY PLACEMENTS. --
"(1) SPECIAL PROJECTS AND DEMONSTRATIONS. -- The Commissioner
shall make grants to public or nonprofit community rehabilitation
programs, designated State units, and other public or nonprofit
agencies and organizations to pay for the cost of developing
special projects and demonstrations related to vocational
rehabilitation outcomes. Such projects and demonstrations may
include activities providing alternatives to case closure practice
and identifying and implementing appropriate incentives to
vocational rehabilitation counselors to achieve high quality
placements for individuals with the most severe disabilities.
"(2) CERTAIN REQUIREMENTS. -- Each recipient of such a grant
shall --
"(A) identify, develop, and test exemplary models that can be
replicated; and
"(B) identify innovative methods, such as weighted case
closures, to evaluate the performance of vocational rehabilitation
counselors that in no way impede the accomplishment of the
purposes and policy of serving, among others, those individuals
with the most severe disabilities.
"(c) EARLY INTERVENTION DEMONSTRATION PROGRAMS. --
"(1) GRANTS. -- The Commissioner shall make grants to public
or nonprofit agencies and organizations to carry out demonstration
programs designed to demonstrate the utility of early intervention
in furnishing vocational evaluation, training, and counseling
services to working adults recently determined to have chronic and
progressive diseases that may be severely disabling, such as
multiple sclerosis.
"(2) GRANT ACTIVITIES. -- In carrying out a demonstration
program under paragraph (1), an eligible entity shall conduct a
program intended to demonstrate the effectiveness of such early
intervention in improving the job retention of the working adults
or in facilitating the entry of the working adults to new careers
and employment. The demonstration program shall test a number of
alternative service systems, including an employer assistance
program, a system involving early intervention by State vocational
rehabilitation agencies, and a private nonprofit agency joint
venture with an employer or State vocational rehabilitation
agency.
"(d) TRANSITION DEMONSTRATION PROJECTS. --
"(1) GRANTS. -- The Commissioner may make grants to public or
nonprofit agencies and organizations to pay part or all of the
costs of special projects and demonstration projects to support
models for providing community-based, coordinated services to
facilitate the transition of individuals with disabilities from
rehabilitation hospital or nursing home programs or comparable
programs, to programs providing independent living services in the
community, including services such as personal assistance
services, health maintenance services, counseling, and social and
vocational services.
"(2) APPLICATION. -- To be eligible to receive a grant under
this subsection, an agency or organization shall submit an
application to the Commissioner at such time, in such manner, and
containing such information as the Commissioner may require.
"(3) EVALUATION. -- An agency or organization that receives a
grant under this subsection shall evaluate the effectiveness of
such models and prepare and submit to the Commissioner a report
containing the evaluation.
"(e) BARRIERS TO SUCCESSFUL REHABILITATION OUTCOMES FOR MINORITIES.
-- The Commissioner may award grants to public or nonprofit agencies and
organizations --
"(1) to conduct a study to examine the factors that have
created barriers to successful rehabilitation outcomes for
individuals with disabilities from minority backgrounds, and
develop and evaluate policy, research, and training strategies for
overcoming the barriers;
"(2) to conduct a study to examine the factors that have
created significant underrepresentation of individuals from
minority backgrounds in the rehabilitation professions, including
such underrepresentation among researchers, and develop and
evaluate policy, research, and training strategies for overcoming
the underrepresentation; and
"(3) to conduct a study to examine the factors that have
created barriers to successful rehabilitation outcomes for
individuals with neurological or other related disorders, and
examine how the hidden or episodic nature of the disability
affects eligibility and the provision of services.
"(f) STUDIES, SPECIAL PROJECTS, AND DEMONSTRATION PROJECTS TO STUDY
MANAGEMENT AND SERVICE DELIVERY. --
"(1) GRANTS. -- The Commissioner may make grants to public or
nonprofit agencies and organizations to pay part or all of the
costs of conducting studies, special projects, or demonstration
projects relating to the management and service delivery systems
of the vocational rehabilitation programs authorized under this
Act.
"(2) APPLICATION. -- To be eligible to receive a grant under
this subsection, an agency or organization shall submit an
application to the Commissioner at such time, in such manner, and
containing such information as the Commissioner may require.
"(g) DEMONSTRATION PROJECTS TO INCREASE CLIENT CHOICE. --
"(1) GRANTS. -- The Commissioner may make grants to States and
public or nonprofit agencies and organizations to pay all or part
of the costs of projects to demonstrate ways to increase client
choice in the rehabilitation process, including the selection of
providers of vocational rehabilitation services.
"(2) USE OF FUNDS. -- An entity that receives a grant under
this subsection shall use the grant only --
"(A) for activities that are directly related to planning,
operating, and evaluating the demonstration projects; and
"(B) to supplement, and not supplant, funds made available from
Federal and non-Federal sources for such projects.
"(3) APPLICATION. -- Any eligible entity that desires to
receive a grant under this subsection shall submit an application
at such time, in such manner, and containing such information and
assurances as the Commissioner may require, including --
"(A) a description of --
"(i) how the applicant intends to promote increased client
choice in the rehabilitation process, including a description, if
appropriate, of how an applicant will determine the cost of any
service or product offered to an eligible client;
"(ii) how the applicant intends to ensure that any vocational
rehabilitation service or related service is provided by a
qualified provider who is accredited or meets such other quality
assurance and cost-control criteria as the State may establish;
and
"(iii) the outreach activities to be conducted by the applicant
to obtain eligible clients; and
"(B) assurances that a written plan will be established with
the full participation of the client, which plan shall, at a
minimum, include --
"(i) a statement of the vocational rehabilitation goals to be
achieved;
"(ii) a statement of the specific vocational rehabilitation
services to be provided, the projected dates for their initiation,
and the anticipated duration of each such service; and
"(iii) objective criteria, an evaluation procedure, and a
schedule, for determining whether such goals are being achieved.
"(4) AWARD OF GRANTS. -- In selecting entities to receive
grants under paragraph (1), the Commissioner shall take into
consideration the --
"(A) diversity of strategies used to increase client choice,
including selection among qualified service providers;
"(B) geographic distribution of projects; and
"(C) diversity of clients to be served.
"(5) RECORDS. -- Entities that receive grants under paragraph
(1) shall maintain such records as the Commissioner may require
and comply with any request from the Commissioner for such
records.
"(6) DIRECT SERVICES. -- At least 80 percent of the funds
awarded for any project under this subsection shall be used for
direct services, as specifically chosen by eligible clients.
"(7) EVALUATION. -- The Commissioner shall conduct an
evaluation of the demonstration projects with respect to the
services provided, clients served, client outcomes obtained,
implementation issues addressed, the cost effectiveness of the
project, and the effects of increased choice on clients and
service providers. The Commissioner may reserve funds for the
evaluation for a fiscal year from the amounts appropriated to
carry out projects under this subsection for the fiscal year.
"(8) DEFINITIONS. -- For the purposes of this subsection:
"(A) DIRECT SERVICES. -- The term 'direct services' means
vocational rehabilitation services, as described in section
103(a).
"(B) ELIGIBLE CLIENT. -- The term 'eligible client' means an
individual with a disability, as defined in section 7(8)(A), who
is not currently receiving services under an individualized
written rehabilitation program established through a designated
State unit.
"(h) NATIONAL COMMISSION ON REHABILITATION SERVICES. --
"(1) ESTABLISHMENT. --
"(A) IN GENERAL. -- Subject to the availability of
appropriations, there is hereby established a National Commission
on Rehabilitation Services (referred to in this section as the
'National Commission') for the purpose of studying the nature,
quality, and adequacy of vocational rehabilitation, independent
living, supported employment, research, training, and other
programs authorized under this Act, and submitting to the
President and to Congress recommendations that will further the
successful employment outcomes, independence, and integration of
individuals with disabilities into the workplace and community.
"(B) COMPOSITION. --
"(i) QUALIFICATIONS. -- The National Commission shall consist
of 15 members who are recognized by knowledge, experience, and
education as experts in the field of rehabilitation. At least a
majority of the members of the National Commission shall be
individuals with disabilities representing a cross-section of
individuals with different types of disabilities.
"(ii) APPOINTMENT. -- Members of the National Commission shall
be appointed as follows:
"(I) PRESIDENTIAL APPOINTEES. -- Five members shall be
appointed by the President, or, if the President delegates the
authority to make the appointment, by the Secretary of Education.
"(II) SENATE APPOINTEES. -- Five members shall be appointed by
the president pro tempore of the Senate, with the advice and
approval of the Majority Leader and Minority Leader of the Senate.
"(III) HOUSE OF REPRESENTATIVES APPOINTEES. -- Five members
shall be appointed by the Speaker of the House of Representatives
with the advice and approval of the Majority Leader and Minority
Leader of the House of Representatives.
"(C) TERM. -- Members shall be appointed for the life of the
National Commission.
"(D) VACANCIES. -- Any vacancy in the National Commission
shall not affect its powers, but shall be filled in the same
manner as the original appointment.
"(E) CHAIRPERSON. -- The National Commission shall select a
Chairperson from among its members.
"(F) MEETINGS. -- The National Commission shall meet at the
call of the Chairperson, but not less often than four times each
year.
"(G) QUORUM. -- Ten members of the National Commission shall
constitute a quorum.
"(H) COMMITTEES. -- The Chairperson, upon approval by the
National Commission, may establish such committees as the
Chairperson determines to be necessary to fulfill the duties of
the National Commission.
"(2) DUTIES. --
"(A) STUDIES AND ANALYSES. -- The National Commission shall
conduct studies and analyses with respect to --
"(i) the effectiveness of vocational rehabilitation and
independent living services in enhancing the employment outcomes
of individuals with disabilities;
"(ii) the adequacy of research and training activities in
fostering innovative approaches that further the employment of
individuals with disabilities;
"(iii) the capacity of supported employment and independent
living services in promoting the integration of individuals with
disabilities into the workplace and community;
"(iv) methods for enhancing access to services authorized under
this Act by minorities who are individuals with disabilities and
individuals with disabilities who are members of populations that
have traditionally been unserved or underserved by programs under
this Act that provide such vocational rehabilitation services and
independent living services;
"(v) means for enhancing interagency coordination among Federal
and State agencies to promote the maximization of
employment-related programs, services, and benefits on behalf of
individuals with disabilities; and
"(vi) such other issues as the National Commission may identify
as relevant to promoting the employment, independence, and
integration of individuals with disabilities.
"(B) POLICY ANALYSES. -- The National Commission shall conduct
policy analyses to --
"(i) develop options for improving fiscal equity in the
allotment of grants under section 110;
"(ii) provide guidance on implementing the order of selection
described in section 101(a)(5)(A); and
"(iii) address the shortage of rehabilitation professionals.
"(C) REPORTS. --
"(i) INTERIM REPORT. -- Not later than January 30, 1995, the
National Commission shall prepare and issue a comprehensive
interim report to the President, the Committee on Education and
Labor of the House of Representatives, and the Committee on Labor
and Human Resources of the Senate, containing the results of the
studies and analyses described in subparagraphs (A) and (B) and
specific recommendations for amendments to this Act needed to
promote the provision of comprehensive vocational rehabilitation
and independent living services on behalf of individuals with
disabilities.
"(ii) FINAL REPORT. -- Not later than January 30, 1997, the
National Commission shall prepare and issue a comprehensive final
report to the President, the Committee on Education and Labor of
the House of Representatives, and the Committee on Labor and Human
Resources of the Senate, containing the results and
recommendations described in clause (i).
"(3) POWERS. --
"(A) HEARINGS. -- The National Commission may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the National Commission
determines to be necessary to carry out its functions.
"(B) INFORMATION. --
"(i) FEDERAL ENTITIES. -- The National Commission may secure
directly from any Federal department or agency such information
(including statistics) as the National Commission considers
necessary to carry out the functions of the National Commission.
Upon request of the Chairperson of the National Commission, the
head of such department or agency shall furnish such information
to the National Commission.
"(ii) OTHER ENTITIES. -- The National Commission may secure,
directly or by contract or other means, such additional
information as the National Commission determines to be necessary
from universities, research institutions, foundations, State and
local agencies, and other public or private agencies.
"(C) CONSULTATION. -- The National Commission is authorized to
consult with --
"(i) any organization representing individuals with
disabilities;
"(ii) public or private service providers;
"(iii) Federal, State, and local agencies;
"(iv) individual experts;
"(v) institutions of higher education involved in the
preparation of vocational rehabilitation services personnel; and
"(vi) such other entities and persons as will aid the National
Commission in carrying out its duties.
"(4) COMPENSATION AND TRAVEL EXPENSES. --
"(A) COMPENSATION. -- Each member of the National Commission
who is not an officer or full-time employee of the Federal
Government shall receive a payment of $150 for each day (including
travel time) during which the member is engaged in the performance
of duties for the National Commission. Members of the National
Commission who are officers or full-time employees of the United
States shall serve without compensation in addition to
compensation received for their services as officers or employees
of the United States.
"(B) TRAVEL EXPENSES. -- Each member of the National
Commission may receive travel expenses, including per diem in lieu
of subsistence, as authorized by section 5703 of title 5, United
States Code, for employees serving intermittently in the
Government service, for each day the member is engaged in the
performance of duties away from the home or regular place of
business of the member.
"(5) STAFF. --
"(A) APPOINTMENT. --
"(i) STAFF DIRECTOR. -- The Chairperson of the National
Commission may, without regard to provisions of title 5, United
States Code, governing appointments in the competitive service,
appoint and terminate a staff director of the National Commission.
The employment of the staff director shall be subject to
confirmation by the National Commission. The staff director shall
be appointed from among individuals who are experienced in the
planning, administration, or operation of vocational
rehabilitation and independent living services or programs.
"(ii) ADDITIONAL PERSONNEL. -- The staff director of the
National Commission may, without regard to provisions of title 5,
United States Code, governing appointments in the competitive
service, appoint and terminate such additional personnel as may be
necessary, but not more than ten full-time equivalent positions,
to enable the National Commission to carry out its duties.
"(B) COMPENSATION. -- The Chairperson of the National
Commission may fix the compensation of the staff director, and the
staff director may fix the compensation of the additional
personnel, without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification and General Schedule pay rates, except
that the rate of pay for the staff director and other personnel
may not exceed the rate of pay for level 4 of the Senior Executive
Service Schedule under section 5382 of title 5, United States
Code.
"(6) COOPERATION. -- The heads of all Federal agencies are, to
the extent not prohibited by law, directed to cooperate with the
National Commission in carrying out its duties. The National
Commission may utilize the services, personnel, information, and
facilities of other Federal, State, local, and private agencies
with or without reimbursement, upon the consent of the heads of
such agencies.
"(7) DETAIL OF GOVERNMENT EMPLOYEES. -- Any Federal Government
employee may be detailed to the National Commission without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
"(8) TERMINATION. -- The National Commission shall terminate
not later than 90 days following the submission of the final
report as described in paragraph (2)(C)(ii).
"(i) MODEL PERSONAL ASSISTANCE SERVICES SYSTEMS. -- The Commissioner
may award grants to public or nonprofit agencies and organizations to
establish model personal assistance services systems and other
innovative service programs to maximize the full inclusion and
integration into society, employment, independent living, and economic
and social self-sufficiency of individuals with disabilities.
"(j) DEMONSTRATION PROJECTS TO UPGRADE WORKER SKILLS. --
"(1) GRANTS. -- Consistent with the purposes of section 621,
the Commissioner may make grants to partnerships or consortia that
include private business concerns or industries to pay for the
Federal share of developing and carrying out model demonstration
projects for workers with disabilities who need new or upgraded
skills to adapt to emerging technologies, work methods, and
markets and to ensure that such individuals possess the knowledge
and skills necessary to compete in the workplace.
"(2) PERIOD. -- Grants made under this subsection shall be for
3-year periods.
"(3) APPLICATION. -- Any partnership or consortia desiring to
receive a grant under this subsection shall submit an application
to the Commissioner at such time, in such manner, and containing
such information and assurances as the Commissioner may require,
including --
"(A) information identifying at least one member of the
partnership or consortium that is a private business concern or
industry; and
"(B) assurances that --
"(i) each member of the eligible partnership or consortium will
pay a portion of the non-Federal share of the cost of developing
and carrying out the project;
"(ii) the partnership or consortium will carry out all of the
activities described in subparagraphs (A) through (E) of section
621(a)(2);
"(iii) the partnership or consortium will disseminate
information on the model program conducted;
"(iv) the partnership or consortium will utilize, if available,
job skill standards established jointly by management and labor to
assist in evaluating the job skills of an individual and assessing
the skills that are needed for the individual to compete in the
workplace;
"(v) the partnership or consortium will prepare and submit an
evaluation report containing data specified by the Commissioner at
the end of each project year; and
"(vi) the partnership or consortium will take such steps as are
necessary to continue the activities of the project after the
period for which Federal assistance is sought.
"(4) DEFINITION. -- For the purposes of this subsection, the
term 'workers with disabilities' shall mean individuals with
disabilities who are working in competitive employment and who
need new or upgraded skills to improve their employment and career
advancement opportunities.
"(k) MODEL SYSTEMS REGARDING SEVERE DISABILITIES. -- The
Commissioner may award grants to public or nonprofit agencies and
organizations to establish model systems of comprehensive service
delivery to individuals with severe disabilities, other than spinal cord
injuries, requiring a multidisciplinary system of providing vocational
and other rehabilitation services, where the Commissioner determines
that the development of such systems is needed.
"SEC. 803. "29 USC 797b" TRAINING ACTIVITIES.
"(a) DISTANCE LEARNING THROUGH TELECOMMUNICATIONS. --
"(1) GRANTS. -- The Commissioner shall award at least three
grants to eligible institutions of higher education, to support
the formation of regional partnerships with other public or
private entities for the purpose of developing and implementing
in-service training programs, including certificate or degree
granting programs concerning vocational rehabilitation services
and related services, for vocational rehabilitation professionals
through the use of telecommunications.
"(2) APPLICATIONS. -- Any eligible entity that desires to
receive a grant under this subsection shall submit an application
at such time, in such manner, and containing such information and
assurances as the Commissioner may require, including --
"(A) a detailed explanation of how the applicant will utilize
interactive audio, video, and computer technologies between
distant locations to provide in-service training programs to the
region;
"(B) a description of how the applicant intends to utilize and
build upon existing telecommunications networks within the region
to be served;
"(C) a copy of all agreements governing the division of
functions within the partnership, including an assurance that all
States within the region will be served;
"(D) a copy of a binding commitment entered into between the
partnership and each entity that is legally permitted to provide,
and from which the partnership is to obtain, the
telecommunications services and facilities required for the
project, that stipulates that if the partnership receives the
grant the entity will provide such telecommunications services and
facilities in the area to be served within a reasonable time and
at a charge that is in accordance with State law;
"(E) a description of the curriculum to be provided, frequency
of providing service, and sites of service;
"(F) a description of the need to purchase or lease --
"(i) computer hardware and software;
"(ii) audio and video equipment;
"(iii) telecommunications terminal equipment; or
"(iv) interactive video equipment;
"(G) an assurance that the partnership will use not less than
75 percent of the amount of the grant for instructional curriculum
development and programming; and
"(H) a description of the means by which the project will be
evaluated.
"(3) AWARD OF GRANTS. -- In awarding grants under paragraph
(1), the Commissioner shall take into consideration the sparsity
of State populations in the region to be served.
"(4) DEFINITIONS. -- For the purposes of this subsection:
"(A) ELIGIBLE ENTITY. -- The term 'eligible entity' means any
institution of higher education with demonstrated experience in
the area of continuing education for vocational rehabilitation
personnel.
"(B) INTERACTIVE VIDEO EQUIPMENT. -- The term 'interactive
video equipment' means equipment used to produce and prepare video
and audio signals for transmission between distant locations so
that individuals at such locations can see and hear each other,
and related equipment.
"(C) REGION. -- The term 'region' means one of the ten regions
served by the Rehabilitation Services Administration.
"(D) REHABILITATION PROFESSIONALS. -- The term 'rehabilitation
professionals' means personnel described in section 301(a)(1).
"(b) BRAILLE TRAINING PROJECTS. --
"(1) ESTABLISHMENT. -- The Commissioner shall make grants to
and enter into contracts with States and public or nonprofit
agencies and organizations, including institutions of higher
education, to pay all or part of the cost of training in the use
of Braille for personnel providing vocational rehabilitation
services or educational services to youth and adults who are
blind.
"(2) PROJECTS. -- Such grants shall be used for the
establishment or continuation of projects that may provide --
"(A) development of Braille training materials; and
"(B) in-service or pre-service training in the use of Braille
and methods of teaching Braille to youth and adults who are blind.
"(3) APPLICATION. -- To be eligible to receive a grant, or
enter into a contract, under paragraph (1), an agency or
organization shall submit an application to the Commissioner at
such time, in such manner, and containing such information as the
Commissioner may require.
"(c) PARENT INFORMATION AND TRAINING PROGRAMS. --
"(1) GRANTS. -- The Commissioner is authorized to make grants
through a separate competition to private nonprofit organizations
for the purpose of establishing programs to provide training and
information to enable individuals with disabilities, and the
parents, family members, guardians, advocates, or other authorized
representatives of the individuals to participate more effectively
with professionals in meeting the vocational and rehabilitation
needs of individuals with disabilities. Such grants shall be
designed to meet the unique training and information needs of
individuals with disabilities, and the parents, family members,
guardians, advocates, or other authorized representatives of the
individuals, who live in the area to be served, particularly those
who are members of populations that have been unserved or
underserved by programs under this Act.
"(2) USE OF GRANTS. -- An organization that receives a grant
to establish training and information programs under this
subsection shall use the grant to assist individuals with
disabilities, and the parents, family members, guardians,
advocates, or authorized representatives of the individuals to --
"(A) better understand vocational rehabilitation and
independent living programs and services;
"(B) provide followup support for transition and employment
programs;
"(C) communicate more effectively with transition and
rehabilitation personnel and other relevant professionals;
"(D) provide support in the development of the individualized
written rehabilitation program;
"(E) provide support and expertise in obtaining information
about rehabilitation and independent living programs, services,
and resources that are appropriate; and
"(F) understand the provisions of this Act, particularly
provisions relating to employment, supported employment, and
independent living.
"(3) AWARD OF GRANTS. -- The Commissioner shall ensure that
grants under this subsection shall --
"(A) be distributed geographically to the greatest extent
possible throughout all States; and
"(B) be targeted to individuals with disabilities, and the
parents, family members, guardians, advocates, or authorized
representatives of the individuals, in both urban and rural areas
or on a State or regional basis.
"(4) ELIGIBLE ORGANIZATIONS. -- In order to receive a grant
under this subsection, a private nonprofit organization shall --
"(A) submit an application to the Commissioner at such time, in
such manner, and containing such information as the Commissioner
may require, including information demonstrating the capacity and
expertise of the organization to --
"(i) coordinate and work closely with parent training and
information centers established under section 631 of the
Individuals with Disabilities Education Act (20 U.S.C. 1431); and
"(ii) effectively conduct the training and information
activities authorized under this subsection;
"(B)(i) be governed by a board of directors --
"(I) that includes professionals in the field of vocational
rehabilitation; and
"(II) on which a majority of the members are individuals with
disabilities or the parents, family members, guardians, advocates,
or authorized representatives of the individuals; or
"(ii)(I) have a membership that represents the interests of
individuals with disabilities; and
"(II) establish a special governing committee that meets the
requirements specified in subclauses (I) and (II) of clause (i) to
operate a training and information program under this subsection;
and
"(C) serve individuals with a full range of disabilities, and
the parents, family members, guardians, advocates, or authorized
representatives of the individuals.
"(5) CONSULTATION. -- Each private nonprofit organization
carrying out a program receiving assistance under this subsection
shall consult with appropriate agencies that serve or assist
individuals with disabilities, and the parents, family members,
guardians, advocates, or authorized representatives of the
individuals, located in the jurisdiction served by the program.
"(6) COORDINATION. -- The Commissioner shall provide
coordination and technical assistance by grant or cooperative
agreement for establishing, developing, and coordinating the
training and information programs. To the extent practicable,
such assistance shall be provided by the parent training and
information centers established under section 631 of the
Individuals with Disabilities Education Act (20 U.S.C. 1431).
"(7) REVIEW. --
"(A) QUARTERLY REVIEW. -- The board of directors or special
governing committee of a nonprofit private organization receiving
a grant under this subsection shall meet at least once in each
calendar quarter to review the training and information program,
and each such committee shall directly advise the governing board
regarding the views and recommendations of the committee.
"(B) REVIEW FOR GRANT RENEWAL. -- If a nonprofit private
organization requests the renewal of a grant under this
subsection, the board of directors or the special governing
committee shall prepare and submit to the Commissioner a written
review of the training and information program conducted by the
nonprofit private organization during the preceding fiscal year.
"(d) TRAINING REGARDING IMPARTIAL HEARING OFFICERS. -- The
Commissioner may award grants to public or nonprofit agencies and
organizations to provide training designed to provide impartial hearing
officers with the skills necessary to fairly decide appeals under this
Act.
"(e) RECRUITMENT AND RETENTION OF URBAN PERSONNEL. -- The
Commissioner may award grants to public or nonprofit agencies and
organizations to develop and demonstrate innovative methods to attract
and retain professionals to serve in urban areas in the rehabilitation
of individuals with disabilities, including individuals with severe
disabilities.
"(f) CERTAIN REQUIREMENTS. -- The requirements of subsections (a)
(except the first sentence), (b), and (c), of section 302, and
paragraphs (1) and (2) of subsection (g) of such section, shall apply
with respect to grants made available under this section, other than
subsection (c). The requirements of section 306 shall apply with
respect to grants made available under this section.".
(b) ACCOUNT. -- There shall be established an account with a
distinct designated budget account identification code number in the
President's budget, for activities under title VIII of the
Rehabilitation Act of 1973. Funding for such activities shall be
available only to such extent as is provided, or in such amounts as are
provided, in appropriations Acts. Such account shall be separate and
distinct from the accounts for all other activities under titles I
through VII of such Act.
(c) TECHNICAL AMENDMENT. -- The table of contents relating to the
Act is amended by adding at the end the following:
"Sec. 801. Authorization of appropriations.
"Sec. 802. Demonstration activities.
"Sec. 803. Training activities.".
SEC. 901. CONGRESSIONAL FINDINGS.
Section 202 of the Helen Keller National Center Act (29 U.S.C. 1901)
is amended --
(1) in paragraph (2), by inserting ", the rapidly increasing
number of older persons many of whom are experiencing significant
losses of both vision and hearing," after "1960's"; and
(2) in paragraph (5), by striking "invested approximately
$10,000,000" and inserting "made a substantial investment".
SEC. 902. CONTINUED OPERATION OF CENTER.
Section 203 of the Helen Keller National Center Act (29 U.S.C. 1902)
is amended --
(1) by striking subsection (a);
(2) by redesignating subsections (b) and (c) as subsections (a)
and (b), respectively;
(3) in subsection (a) (as so redesignated by paragraph (2)) --
(A) by striking "pursuant to section 313 of the Rehabilitation
Act of 1973" and inserting "prior to the date of enactment of this
Act"; and
(B) by striking "(c)" and inserting "(b)"; and
(4) in subsection (b) (as so redesignated by paragraph (2)) --
(A) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4), respectively;
(B) by inserting after paragraph (1) the following new
paragraph:
"(2) train family members of individuals who are deaf-blind at
the Center or anywhere else in the United States, in order to
assist family members in providing and obtaining appropriate
services for the individual who is deaf-blind;".
SEC. 903. AUDIT, MONITORING, AND EVALUATION.
Section 204 of the Helen Keller National Center Act (29 U.S.C. 1903)
is amended in subsection (a) by striking "at such time as the Secretary
shall prescribe" and inserting "within 15 days following the completion
of the audit and acceptance of the audit by the Center".
SEC. 904. AUTHORIZATION OF APPROPRIATIONS.
Section 205 of the Helen Keller National Center Act (29 U.S.C. 1904)
is amended in subsection (a) by striking "1987 through 1992" and
inserting "1993 through 1997".
SEC. 905. DEFINITIONS.
Section 206 of the Helen Keller National Center Act (29 U.S.C. 1905)
is amended --
(1) in paragraph (1), by striking "section 313 of the
Rehabilitation Act of 1973 and continued under"; and
(2) in paragraph (2), to read as follows:
"(2) the term 'individual who is deaf-blind' means any
individual --
"(A)(i) who has a central visual acuity of 20/200 or less in
the better eye with corrective lenses, or a field defect such that
the peripheral diameter of visual field subtends an angular
distance no greater than 20 degrees, or a progressive visual loss
having a prognosis leading to one or both these conditions;
"(ii) who has a chronic hearing impairment so severe that most
speech cannot be understood with optimum amplification, or a
progressive hearing loss having a prognosis leading to this
condition; and
"(iii) for whom the combination of impairments described in
clauses (i) and (ii) cause extreme difficulty in attaining
independence in daily life activities, achieving psychosocial
adjustment, or obtaining a vocation;
"(B) who despite the inability to be measured accurately or
hearing and vision loss due to cognitive or behavioral
constraints, or both, can be determined through functional and
performance assessment to have severe hearing and visual
disabilities that cause extreme difficulty in attaining
independence in daily life activities, achieving psychosocial
adjustment, or obtaining vocational objectives; or
"(C) meets such other requirements as the Secretary may
prescribe by regulation; and".
SEC. 906. CONSTRUCTION OF ACT, EFFECT ON AGREEMENTS.
Section 207 of the Helen Keller National Center Act (29 U.S.C. 1906)
is amended by striking "Industrial Home for the Blind, Incorporated" and
inserting "Helen Keller Services for the Blind, Incorporated".
SEC. 907. ESTABLISHMENT OF A PROGRAM.
The Helen Keller National Center Act (29 U.S.C. 1901 et seq.) is
amended by adding at the end the following new section:
"SEC. 208. "29 USC 1907" HELEN KELLER NATIONAL CENTER FEDERAL
ENDOWMENT PROGRAM.
"(a) ESTABLISHMENT. -- The Secretary and the Board of Directors of
the Helen Keller National Center are authorized to establish the Helen
Keller National Center Federal Endowment Fund (hereafter in this section
referred to as the 'Endowment Fund') in accordance with the provisions
of this section, to promote the financial independence of the Helen
Keller National Center. The Secretary and the Board may enter into such
agreements as may be necessary to carry out the purposes of this
section.
"(b) FEDERAL PAYMENTS. --
"(1) IN GENERAL. -- The Secretary shall make payments to the
Endowment Fund from amounts appropriated pursuant to subsection
(h), consistent with the provisions of this section.
"(2) AMOUNT OF PAYMENT. -- Subject to the availability of
appropriations, the Secretary shall make payments to the Endowment
Fund in amounts equal to sums contributed to the Endowment Fund
from non-Federal sources (excluding transfers from other endowment
funds of the Center).
"(c) INVESTMENTS. --
"(1) IN GENERAL. -- The Center, in investing the Endowment
Fund corpus and income, shall exercise the judgment and care,
under the prevailing circumstances, which a person of prudence,
discretion, and intelligence would exercise in the management of
that person's own business affairs.
"(2) LIMITATIONS. --
"(A) FEDERALLY INSURED INVESTMENTS AND OTHER INVESTMENTS. --
The Endowment Fund corpus and income shall be invested in
federally insured bank savings accounts or comparable interest
bearing accounts, certificates of deposit, money market funds,
mutual funds, obligations of the United States, or other low-risk
instruments and securities in which a regulated insurance company
may invest under the laws of the State of New York.
"(B) REAL ESTATE. -- The Endowment Fund corpus and income may
not be invested in real estate.
"(C) CONFLICT OF INTEREST. -- The Endowment Fund corpus or
income may not be invested in instruments or securities issued by
an organization in which an executive officer is a controlling
shareholder, director, or owner within the meaning of Federal
securities laws and other applicable laws.
"(D) ENCUMBRANCES. -- The Center may not assign, hypothecate,
encumber, or create a lien on the Endowment Fund corpus without
specific written authorization of the Secretary.
"(d) WITHDRAWALS AND EXPENDITURES. --
"(1) IN GENERAL. -- For a 20-year period following the receipt
of a payment under this section, the Center shall not withdraw or
expend the Federal payment or matching contribution made to the
Endowment Fund corpus. On the expiration of such period, the
Center may use the Endowment Fund corpus plus any of the Endowment
Fund income for any purpose that benefits individuals who are
deaf-blind.
"(2) OPERATIONAL AND COMMERCIAL EXPENSES. --
"(A) IN GENERAL. -- The Helen Keller National Center may
withdraw or expend the Endowment Fund income for any expenses
necessary for the operation of the Center, including expenses of
operations and maintenance, administration, academic and support
personnel, construction and renovation, community and client
services programs, technical assistance, and research.
"(B) LIMITATION. -- The Center may not withdraw or expend the
Endowment Fund income for any commercial purpose.
"(3) LIMITATIONS AND WAIVER OF LIMITATIONS. --
"(A) IN GENERAL. -- Except as provided in subparagraph (B),
the Center shall not withdraw or expend more than 50 percent of
the total aggregate Endowment Fund income earned prior to the time
of withdrawal or expenditure.
"(B) EXCEPTION. -- The Secretary may permit the Center to
withdraw or expend more than 50 percent of its total aggregate
endowment income where the Center demonstrates to the Secretary's
satisfaction that such withdrawal or expenditure is necessary
because of --
"(i) a financial emergency, such as a pending insolvency or
temporary liquidity problem;
"(ii) a life-threatening situation occasioned by a natural
disaster or arson; or
"(iii) another unusual occurrence or exigent circumstance.
"(e) REPORTING REQUIREMENTS. --
"(1) FINANCIAL RECORDS. -- The Helen Keller National Center
shall keep accurate financial records relating to the operation of
the Endowment Fund.
"(2) AUDIT AND REPORT. --
"(A) AUDIT. -- The Center shall arrange for the conduct of an
annual financial and compliance audit of the Endowment Fund in the
manner prescribed by the Secretary pursuant to section 204(a) (29
U.S.C. 1903(a)).
"(B) REPORT. -- The Center shall submit a copy of the report
on the audit required under subparagraph (A) to the Secretary
within 15 days after completion of the audit and acceptance of the
audit by the Center.
"(3) ANNUAL REPORT. -- Not later than 60 days after the end of
each fiscal year, the Center shall provide to the Secretary an
annual report on the uses of funds provided by the Federal
endowment program authorized under this section. Such report
shall contain such information, and be in such form as the
Secretary may require.
"(f) RECOVERY OF PAYMENTS. -- After notice and an opportunity for a
hearing, the Secretary is authorized to recover any Federal payments
made under this section if the Helen Keller National Center --
"(1) makes a withdrawal or expenditure from the Endowment Fund
corpus or income which is not consistent with the provisions of
this section;
"(2) fails to comply with the investment standards and
limitations under this section; or
"(3) fails to account properly to the Secretary concerning the
investment of or expenditures from the Endowment Fund corpus or
income.
"(g) DEFINITIONS. -- For the purpose of this section:
"(1) ENDOWMENT FUND. -- The term 'endowment fund' means a
fund, or a tax-exempt foundation, established and maintained by
the Helen Keller National Center for the purpose of generating
income for the support of the Center.
"(2) ENDOWMENT FUND CORPUS. -- The term 'Endowment means an
amount equal to the Federal payments made to the Endowment Fund
and amounts contributed to the Endowment Fund from non-Federal
sources.
"(3) ENDOWMENT FUND INCOME. -- The term 'Endowment Fund
income' means an amount equal to the total market value of the
Endowment Fund minus the Endowment Fund corpus.
"(h) AUTHORIZATION OF APPROPRIATIONS. -- There are authorized to be
appropriated to carry out this section, such sums as may be necessary
for each of the fiscal years 1993 through 1997. Such sums shall remain
available until expended.".
SEC. 908. TECHNICAL AND CONFORMING AMENDMENTS.
(a) DEAF-BLIND INDIVIDUALS. -- Paragraphs (1) through (4) of section
202, and section 203(b)(3) (as so redesignated by paragraphs (2) and
(4)(A) of section 902), of the Helen Keller National Center Act (29
U.S.C. 1901 and 1902(b)(3)) are amended by striking "deaf-blind
individuals" each place the term appears and inserting "individuals who
are deaf-blind".
(b) DEAF-BLIND INDIVIDUAL. -- Section 203(b)(1) of such Act (29
U.S.C. 1902(b)(1)) (as so redesignated by section 902(2)) is amended by
striking "deaf-blind individual" and inserting "individual who is
deaf-blind".
(c) DEAF-BLIND YOUTHS AND ADULTS. --
(1) Sections 202(4), 203(a) (as so redesignated by section
902(2)), and 206(1) of such Act (29 U.S.C. 1901(4), 1902(a), and
1905(1)) are amended by striking "Deaf-Blind Youths and Adults"
each place the term appears and inserting "Youths and Adults who
are Deaf-Blind".
(2) Section 203 of such Act (29 U.S.C. 1902) is amended in the
section heading by striking "DEAF-BLIND YOUTHS AND ADULTS" and
inserting "YOUTHS AND ADULTS WHO ARE DEAF-BLIND".
SEC. 911. COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED.
(a) WAGNER-O'DAY ACT. -- Section 1 of the Act entitled "An Act to
Create a Committee on Purchases of Blind-made Products, and for other
purposes", approved June 25, 1938 (commonly known as the Wagner-O'Day
Act; 41 U.S.C. 46) is amended by striking "from the Blind and Other
Severely Handicapped" and inserting "From People Who Are Blind and
Severely Disabled".
(b) SMALL BUSINESS ACT. -- Section 15(c)(1)(A) of the Small Business
Act (15 U.S.C. 644(c)(1)(A)) is amended by striking "from the Blind and
Other Severely Handicapped" and inserting "From People Who Are Blind or
Severely Disabled".
SEC. 912. INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
(a) TRAINING OR RETRAINING. -- Section 631(a) of the Individuals
with Disabilities Education Act (20 U.S.C. 1431(a)) is amended by adding
at the end thereof the following new paragraph:
"(8) In making grants under paragraph (1), the Secretary may provide
for the training or retraining of regular education teachers who are
involved in providing instruction to individuals who are deaf, but who
are not certified as teachers of such individuals, to meet the
communications needs of such individuals.".
(b) NOTICE. --
(1) IN GENERAL. -- Within 90 days after the date of enactment
of this Act, the Secretary of Education shall issue a Notice of
Inquiry concerning the definition of the term "serious emotional
disturbance" as used in the Individuals with Disabilities
Education Act.
(2) PUBLIC COMMENT. -- The Secretary of Education shall
provide a public comment period of at least 90 days and shall
request and consider --
(A) comments from the public on the need to revise the
definition of the term in the regulations implementing such Act;
and
(B) comments from the public on whether the term as used in
such Act should be changed and on whether the substitution of the
term "emotional and behavioral disorders" would be appropriate, or
whether some other term should be used.
(3) DEFINITION. -- The Notice of Inquiry shall contain the
following proposed definition for use in the regulations
implementing such Act:
"(1) As used in section 602(a)(1) of the Individuals with
Disabilities Education Act (20 U.S.C. 1401(a)(1)):
"(A) The term 'serious emotional disturbance' means a
disability that is --
"(i) characterized by behavioral or emotional response in
school programs so different from appropriate age, cultural, or
ethnic norms that the responses adversely affect educational
performance, including academic, social, vocational or personal
skills;
"(ii) more than a temporary, expected response to stressful
events in the environment;
"(iii) consistently exhibited in two different settings, at
least one of which is school-related; and
"(iv) unresponsive to direct intervention applied in general
education, or the condition of a child is such that general
education interventions would be insufficient.
"(B) The term includes such a disability that co-exists with
other disabilities.
"(C) The term includes a schizophrenic disorder, affective
disorder, anxiety disorder, or other sustained disorder of conduct
or adjustment, affecting a child, if the disorder affects
educational performance as described in paragraph (1).
"(2) The term 'seriously emotionally disturbed' means, with
respect to a child, that the child has a serious emotional
disturbance.".
(4) REPORT. -- The Secretary shall, within 10 months after the
date of enactment of this Act, prepare a report containing a
summary of the public comments described in paragraph (2)(B)
received as a result of the Notice of Inquiry, and recommendations
concerning whether such Act should be amended. The report shall
be submitted to the appropriate committees of Congress, including
the Subcommittee on Select Education of the Committee on Education
and Labor of the House of Representatives and the Subcommittee on
Disability Policy of the Committee on Labor and Human Resources of
the Senate.
SEC. 913. TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH
DISABILITIES ACT OF 1988.
The Technology-Related Assistance for Individuals With Disabilities
Act of 1988 is amended --
(1) in section 221(a)(1) (29 U.S.C. 2251(a)(1)), by striking
"nonprofit or for-profit entities" and inserting "public or
private agencies and organizations, including institutions of
higher education.";
(2) in section 222(a) (29 U.S.C. 2252(a)), by striking
"non-profit and for-profit entities" and inserting "public or
private agencies and organizations, including institutions of
higher education,"; and
(3) in section 231(a) (29 U.S.C. 2252(a)), "29 USC 2261" by
striking "non-profit and for-profit entities" and inserting
"public or private agencies and organizations, including
institutions of higher education,".
SEC. 914. PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH
DISABILITIES.
The Joint Resolution entitled "Joint Resolution authorizing an
appropriation for the work of the President's Committee on National
Employ the Physically Handicapped Week", approved July 11, 1949 (36
U.S.C. 155a) is amended --
(1) by striking "handicapped persons" and inserting "persons
with disabilities";
(2) by striking "the handicapped" and inserting "such persons";
(3) by striking "for each of the fiscal years 1987, 1988, 1989,
1990, and 1991," and inserting "for each of the fiscal years 1993,
1994, 1995, 1996, and 1997,"; and
(4) by striking "The President's Committee on Employment of the
Handicapped shall be guided by the general policies of the
National Council on the Handicapped.".
Approved October 29, 1992.
LEGISLATIVE HISTORY -- H.R. 5482 (S. 3065):
HOUSE REPORTS: Nos. 102-822 (Comm. on Education and Labor) and
102-973 (Comm. of Conference).
SENATE REPORTS: No. 102-357 accompanying S. 3065 (Comm. on Labor and
Human Resources).
CONGRESSIONAL RECORD, Vol. 138 (1992): Aug. 10, considered and
passed House. Aug. 11, S. 3065 considered and passed Senate. Aug. 12,
H.R. 5482 considered and passed Senate, amended. Oct. 2, House agreed
to conference report. Oct. 5, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): Oct.
29, Presidential statement.