SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Construction Subcontractors Payment
Protection Enhancement Act of 1998''.

SEC. 2. ADDITIONAL RESPONSIBILITIES OF THE ADMINISTRATOR FOR FEDERAL
              PROCUREMENT POLICY.

    Section 6(d) of the Office of Federal Procurement Policy Act (41
U.S.C. 405(d)) is amended--
            (1) by redesignating paragraphs (9), (10), (11), (12), and
        (13), as paragraphs (10), (11), (12), (13), and (14),
        respectively; and
            (2) by inserting after paragraph (8) the following new
        paragraph:
            ``(9) establishing appropriate Government-wide policies and
        assuring Government-wide implementation through the Federal
        Acquisition Regulation of statutes and policies assuring the
        timely payment of contractors, subcontractors, and suppliers,
        including chapter 39 of title 31, United States Code (commonly
        known as the ``Prompt Payment Act''), the Miller Act (40 U.S.C.
        270a-270d-1), and section 2091 of the Federal Acquisition
        Streamlining Act of 1994 (Pub. Law 103-355; 108 Stat. 3306);''.

SEC. 3. IMPLEMENTATION THROUGH THE GOVERNMENT-WIDE PROCUREMENT
              REGULATIONS.

    (a) Proposed Regulations.--Proposed revisions to the Government-
wide Federal Acquisition Regulation to implement the amendments made by
this Act shall be published not later than 120 days after the date of
the enactment of this Act and provide not less than 60 days for public
comment.
    (b) Final Regulations.--Final regulations shall be published not
less than 180 days after the date of the enactment of this Act and
shall be effective on the date that is 30 days after the date of
publication.

SEC. 4. RELATED AMENDMENTS TO THE MILLER ACT.

    (a) Improvement of Payment Bond Protection.--Subsection (a)(2) of
the first section of the Miller Act (40 U.S.C. 270a(2)) is amended by
striking the second, third, and fourth sentences and inserting in lieu
thereof the following new sentence: ``The amount of the payment bond
shall be equal to the amount of the performance bond.''.
    (b) Payment Bond Protection for Progress Payments.--Section 2(a) of
the Miller Act (40 U.S.C. 270b(a)) is amended in the first sentence by
striking ``who has not been paid in full therefor'' and inserting in
lieu thereof the following: ``(1) who has not been paid in full for a
progress payment before the expiration of a period of seven days after
the due date of the progress payment, or (2) who has not been paid in
full for the labor or material''.
    (c) Extension of Payment Bond Protection to All Subcontractors and
Suppliers.--Section 2(a) of the Miller Act (40 U.S.C. 270b(a)) is
further amended--
            (1) by striking ``performed by him'' and inserting
        ``performed by the person'';
            (2) by striking ``supplied by him'' and inserting in lieu
        thereof ``supplied by the person''; and
            (3) by striking ``him: Provided, however,'' and all that
        follows through ``within ninety days from'' and inserting in
        lieu thereof ``the person. Any person who institutes such a
        suit shall give notice of such suit to the contractor who
        furnished such payment bond not later than 90 days after''.
    (d) Preservation of Payment Bond Protection.--The first section of
the Miller Act (40 U.S.C. 270a) is further amended by adding at the end
the following new subsection:
    ``(e) No waiver of any protection afforded to a person by a payment
bond required by this Act shall be valid unless the waiver is in
writing and is made after the date such person may institute a suit
under section 2 with respect to such bond.''.
    (e) Modernization of Service of Payment Bond Claims.--Section 2(a)
of the Miller Act (40 U.S.C. 270b(a)) is further amended in the
sentence beginning with ``Such notice'' by striking ``by mailing'' and
all that follows through ``or his residence'' and inserting in lieu
thereof ``to the contractor at any place the contractor conducts
business through any delivery service that provides proof of receipt,
including the United States Postal Service, a private express delivery
service, or delivery by any form of electronic means,''.
    (f) Elimination of Delays in Payment Bond Protection.--Section 2 of
the Miller Act (40 U.S.C. 270b) is further amended--
            (1) in the second paragraph, by inserting ``(b)'' before
        ``Every suit instituted''; and
            (2) by adding at the end the following new subsection:
    ``(c) A suit instituted under this section shall not be dismissed
on the grounds that it was filed before the expiration of a period of
ninety days after the date on which the last of the labor was done or
performed or material was furnished or supplied if the person who
instituted the suit has received from the contractor who furnished the
bond a denial in writing that payment is due, in whole or in part.''.
    (g) Discouragement of Frivolous Payment Bond Litigation.--Section 2
of the Miller Act is further amended by adding at the end the following
new subsection:
    ``(d)(1) A court may award the prevailing party in a suit
instituted under this section court costs, attorneys' fees, and
interest, if the court determines that such an award is appropriate and
that--
            ``(A) the suit is frivolous or a defense that is asserted
        in the suit is groundless; or
            ``(B) such an award is needed to preserve the protections
        of this Act with respect to a small claim, in an amount not
        exceeding the simplified acquisition threshold (as defined in
        section 4(11) of the Office of Federal Procurement Policy Act;
        41 U.S.C. 403(11)).''.
    ``(2) Interest awarded under this subsection shall be calculated
for the period beginning on the date the claim is made and ending on
the date of payment, using the interest rates applicable to late
payment interest penalties pursuant to section 3902 of title 31, United
States Code (commonly referred to as the ``Prompt Payment Act'').''.
    (h) Accountability of Contracting Officers.--The first section of
the Miller Act (40 U.S.C. 270a) is further amended by adding at the end
the following new subsection:
    ``(f)(1) The contracting officer for a contract shall be
responsible for--
            ``(A) obtaining from the contractor the payment bond
        required under subsection (a); and
            ``(B) ensuring that the payment bond remains in effect
        during the administration of the contract.
    ``(2) In any case in which a person brings suit pursuant to section
2 and the court determines that the required payment bond is not in
effect because the contracting officer has failed to perform the
responsibilities required by paragraph (1), upon petition of the person
who brought the suit the court may authorize such person to bring suit
against the United States for the amount that the person would have
sued for under section 2.''.

Summary: Construction Subcontractors Payment Protection Enhancement Act of 1998 - Amends the Office of Federal Procurement Policy Act to provide for the establishment of policies assuring the timely payment of contractors, subcontractors, and suppliers. Amends the Miller Act to revise provisions concerning payment bonds.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Country-of-Origin Labeling for Fuels
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Country-of-origin information.--The term ``country-of-
        origin information'' means information regarding each country
        in which motor vehicle fuel or the components of such fuel were
        extracted, refined, or otherwise processed.
            (2) Motor vehicle fuel.--The term ``motor vehicle fuel''--
                    (A) means any fuel used to power an automobile, as
                defined in section 32901(3) of title 49, United States
                Code; and
                    (B) includes alternative fuels, as defined in
                section 32901(1) of such title, other than electricity
                (including electricity from solar energy).
            (3) Motor vehicle fuel retailer.--The term ``motor vehicle
        fuel retailer'' means a person in the motor vehicle fuel supply
        chain who sells motor vehicle fuel to the general public for
        ultimate consumption.
            (4) Motor vehicle fuel supplier.--The term ``motor vehicle
        fuel supplier'' means a person in the motor vehicle fuel supply
        chain other than a motor vehicle fuel retailer.

SEC. 3. STUDY ON IMPLEMENTING COUNTRY-OF-ORIGIN LABELING FOR MOTOR
              VEHICLE FUEL.

    (a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Energy, in consultation with
the Administrator of the Environmental Protection Agency, shall--
            (1) conduct a study to determine appropriate methods and
        standards for requiring that--
                    (A) motor vehicle fuel suppliers disclose country-
                of-origin information with respect to motor vehicle
                fuel to the next person in the motor vehicle fuel
                supply chain; and
                    (B) motor vehicle retailers disclose such
                information to consumers; and
            (2) make recommendations with respect to the most feasible
        and cost-effective country-of-origin information disclosure
        requirements that can be imposed on motor vehicle fuel
        suppliers and motor vehicle fuel retailers.
    (b) Elements of Study.--The study required by subsection (a) shall
address the following:
            (1) The extent to which persons at each step in the motor
        vehicle fuel supply chain have access to country-of-origin
        information regarding the fuel they sell, and the nature of any
        such information.
            (2) An assessment of whether such information is adequate--
                    (A) to enable a motor vehicle fuel supplier to
                provide country-of-origin information to the next
                person in the supply chain; and
                    (B) to enable a motor vehicle fuel retailer to
                provide country-of-origin information to consumers, by
                displaying that information at fuel pumps or on a
                website.
            (3) If the Secretary determines under paragraph (2) that
        such information is inadequate to enable motor vehicle fuel
        suppliers or motor vehicle fuel retailers to provide country-
        of-origin information, measures that can be taken to collect
        adequate information--
                    (A) by the Secretary; and
                    (B) by motor vehicle fuel suppliers and motor
                vehicle fuel retailers.
            (4) The feasibility of various country-of-origin
        information disclosure requirements, including--
                    (A) displaying at each fuel pump the precise
                country or countries in which the fuel being dispensed
                to each consumer originated; and
                    (B) displaying at each motor vehicle fuel retailer
                or on the website of each motor vehicle fuel supplier
                or motor vehicle fuel retailer the country or countries
                from which the fuel the supplier or retailer (as the
                case may be) sells generally originates.
            (5) Such other issues relating to motor vehicle fuel
        country-of-origin information disclosure requirements as the
        Secretary considers appropriate.
    (c) Report to Congress.--Not later than 90 days after completing
the study required by subsection (a), the Secretary shall submit to
Congress a report that--
            (1) summarizes the results of the study; and
            (2) contains the recommendations required by subsection
        (a)(2).

SEC. 4. REGULATIONS REQUIRING COUNTRY-OF-ORIGIN INFORMATION DISCLOSURE.

    (a) In General.--Not later than 180 days after submitting the
report required by section 3(c), the Secretary of Energy, in
consultation with the Administrator of the Environmental Protection
Agency, shall prescribe regulations requiring disclosure of country-of-
origin information by motor vehicle fuel suppliers and motor vehicle
fuel retailers in accordance with the Secretary's recommendations in
the report.
    (b) 70 Percent Threshold.--The regulations required by subsection
(a) shall not require the listing of more than one country-of-origin
for a fuel blend containing fuel 70 percent or more of which originated
in a single country.

SEC. 5. ENFORCEMENT.

    (a) In General.--Subject to subsection (b), the Secretary of Energy
may impose a civil penalty of not more than $10,000 on a person that
the Secretary determines, in accordance with section 554 of title 5,
United States Code, knowingly violates the regulations prescribed under
section 4.
    (b) Requirements With Respect to Imposition of Penalty.--
            (1) Notice.--The Secretary of Energy may not impose a
        penalty upon a person for violating the regulations prescribed
        under section 4 unless--
                    (A) the Secretary provides the person with notice
                of the violation; and
                    (B) the violation continues for more than 30 days
                after the date on which the person received notice
                under subparagraph (A).
            (2) Determination of amount of penalty.--In determining the
        amount of the penalty to be imposed on a person for violating
        the regulations prescribed under section 4, the Secretary shall
        consider the severity of the violation, the size of the
        person's business, and the effect of the penalty on the
        person's ability to continue in business.

Summary: Country-of-Origin Labeling for Fuels Act - Directs the Secretary of Energy to study and report to Congress with recommendations for appropriate methods and standards for requiring: (1) motor vehicle fuel suppliers to disclose to the next person in the motor vehicle fuel supply chain information regarding each country in which the fuel or any of its components were extracted, refined, or otherwise processed. And (2) motor vehicle retailers to disclose this information to consumers. Requires the Secretary to prescribe regulations requiring disclosure of country-of-origin information by motor vehicle fuel suppliers and retailers in accordance with such recommendations. Prohibits such regulations, however, from requiring the listing of more than one country-of-origin for a fuel blend containing fuel 70 or more of which originated in a single country. Authorizes the Secretary to impose a civil penalty of up to $10,000 on any person that knowingly violates such regulations.

To require the Secretary of Energy to implement country-of-origin disclosure requirements with respect to motor vehicle fuels, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Permit Reassurances Enabling Direct
Improvements for Conservation, Tenants, and Species Act of 2018'' or
the ``PREDICTS Act of 2018''.

SEC. 2. CODIFICATION OF THE ``NO SURPRISES'' REGULATIONS.

    (a) Definitions.--Section 3 of the Endangered Species Act of 1973
(16 U.S.C. 1532) is amended as follows:
            (1) By inserting after paragraph (1) the following:
            ``(_) Changed circumstances.--The term `changed
        circumstances'--
                    ``(A) means changes in circumstances affecting a
                species or geographic area covered by a covered plan or
                agreement that can reasonably be anticipated by
                developers of such plan or agreement, respectively, and
                the Secretary, and that can reasonably be planned for;
                and
                    ``(B) includes--
                            ``(i) additions of species to lists
                        published under section 4(c); and
                            ``(ii) a fire or other natural catastrophic
                        event in an area prone to such an event.''.
            (2) By inserting after paragraph (3) the following:
            ``(_) Covered plan or agreement.--The term `covered plan or
        agreement' means a conservation plan required under section
        10(a)(2)(A) or a candidate conservation agreement with
        assurances under section 10(k), respectively.''.
            (3) By inserting after paragraph (5) the following:
            ``(_) Conserved habitat areas.--The term `conserved habitat
        areas' means areas explicitly designated for habitat
        restoration, acquisition, protection, or other conservation
        purposes under a covered plan or agreement.''.
            (4) By inserting after paragraph (13) the following:
            ``(_) Operating conservation program.--The term `operating
        conservation program' means those conservation management
        activities that are expressly described in a covered plan or
        agreement and that are to be undertaken for the affected
        species when implementing the plan or agreement, respectively,
        including measures to respond to changed circumstances.''.
            (5) By inserting after paragraph (24) the following:
            ``(_) Unforeseen circumstances.--The term `unforeseen
        circumstances' means changes in circumstances affecting a
        species or geographic area covered by a covered plan or
        agreement that could not reasonably have been anticipated by
        plan developers and the Secretary at the time of the
        development of such plan or agreement, respectively, and that
        result in a substantial and adverse change in the status of the
        covered species.''.
            (6) By redesignating the paragraphs of such section as
        paragraphs (1) through (25), respectively.
    (b) Conforming Amendment.--Section 7(n) of such Act (16 U.S.C.
1536(n)) is amended by striking ``section 3(13)'' and inserting
``section 3(16)''.
    (c) Assurances Governing Permit, Plan, Candidate Conservation
Agreement With Assurances, and Safe Harbor Agreement Issuance,
Modification, and Revocation.--Section 10 of such Act (16 U.S.C. 1539)
is amended as follows:
            (1) Subsection (a)(2)(B) is amended in the matter following
        clause (v) by adding at the end the following: ``In addition,
        each permit issued under paragraph (1)(B), each candidate
        conservation agreement with assurances entered into under
        subsection (k), and each safe harbor agreement entered into
        under subsection (l) shall contain the assurances governing
        permit revocation, changed circumstances, and unforeseen
        circumstances set forth in subparagraph (2)(C) and paragraph
        (3) of this subsection.''.
            (2) Subsection (a)(2)(C) is amended by inserting ``(i)''
        before the text, and by adding at the end the following:
    ``(ii) The Secretary may not revoke a permit issued under paragraph
(1)(B) other than as required in clause (i), and may not terminate any
candidate conservation agreement with assurances under subsection (k)
or safe harbor agreement entered into under subsection (l), unless the
Secretary finds that--
            ``(I) continuation of the permitted activity or activity
        authorized under such an agreement, respectively, would be
        inconsistent with any of the criteria set forth in subparagraph
        (B); and
            ``(II) the inconsistency has not been remedied in a timely
        fashion.''.
            (3) Subsection (a) is amended by adding at the end the
        following:
    ``(3) Each permit issued by the Secretary under paragraph (1)(B),
each candidate conservation agreement with assurances entered into
under subsection (k), and each safe harbor agreement entered into under
subsection (l) shall be subject to the following assurances addressing
changed circumstances and unforeseen circumstances:
            ``(A) If additional conservation and mitigation measures
        are deemed necessary to respond to changed circumstances and
        are specified in the operating conservation program of the
        conservation plan for the permit or in such agreement,
        respectively, the permittee shall implement such measures.
            ``(B) If additional conservation and mitigation measures
        are deemed necessary to respond to changed circumstances and
        are not specified in the operating conservation program of the
        conservation plan for the permit or in such agreement,
        respectively, the Secretary may not require any conservation
        and mitigation measures in addition to those specified in the
        plan or agreement, respectively, without the consent of the
        permittee.
            ``(C)(i) In negotiating unforeseen circumstances, the
        Secretary may not require the commitment of additional land,
        water, or financial compensation or additional restrictions on
        the use of land, water, or other natural resources beyond the
        level otherwise agreed upon for the species covered by the
        conservation plan or by such agreement, respectively, without
        the consent of the permittee.
            ``(ii) If additional conservation and mitigation measures
        are deemed necessary to respond to unforeseen circumstances,
        the Secretary may require additional measures of the permittee
        where the conservation plan or agreement, respectively, is
        being properly implemented, but only if such measures--
                    ``(I) are limited to modifications within conserved
                habitat areas, if any, or to the conservation plan's or
                agreement's operating conservation program for the
                affected species;
                    ``(II) maintain the original terms and structures
                of the conservation plan or agreement to the maximum
                extent possible; and
                    ``(III) will not involve the commitment of
                additional land, water, or financial compensation or
                additional restrictions on the use of land, water, or
                other natural resources otherwise available for
                development or use under the original terms of the
                conservation plan or agreement, without the consent of
                the permittee.
            ``(iii) The Secretary shall have the burden of
        demonstrating that unforeseen circumstances exist, using the
        best scientific and commercial data available. The Secretary
        shall clearly document any finding that unforeseen
        circumstances exist, and shall base such finding on reliable
        technical information regarding the status and habitat
        requirements of the affected species. In making such finding,
        the Secretary will consider, among other matters, the following
        factors:
                    ``(I) The size of the current range of the affected
                species.
                    ``(II) The percentage of such range adversely
                affected by the conservation plan or agreement.
                    ``(III) The percentage of such range conserved by
                the conservation plan or agreement.
                    ``(IV) The ecological significance of that portion
                of the range affected by the conservation plan or
                agreement.
                    ``(V) The level of knowledge about the affected
                species and the degree of specificity of the species'
                conservation program under the conservation plan or
                agreement.
                    ``(VI) Whether failure to adopt additional
                conservation measures would appreciably reduce the
                likelihood of survival and recovery of the affected
                species in the wild.
            ``(iv) The Secretary shall--
                    ``(I) present a record of the analyses of the
                status of unforeseen circumstances to the permittee
                before requiring any additional conservation or
                mitigation measures of the permittee or agreement party
                under clause (ii); and
                    ``(II) include in the record a qualitative and
                quantitative analysis of each of the factors specified
                in subclauses (I) through (VI) of clause (iii).''.

SEC. 3. CANDIDATE CONSERVATION AGREEMENTS WITH ASSURANCES.

    (a) Permits.--Section 10(a)(1) of the Endangered Species Act of
1973 (16 U.S.C. 1539(a)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B)
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(C) any taking incidental to, and not the purpose
                of, the carrying out of an otherwise lawful activity
                pursuant to a candidate conservation agreement with
                assurances entered into under subsection (k) or a safe
                harbor agreement entered into under subsection (l).''.
    (b) Agreements.--Section 10 of such Act (16 U.S.C. 1539) is amended
by adding at the end the following:
    ``(k) Candidate Conservation Agreements.--
            ``(1) In general.--At the request of any non-Federal
        person, the Secretary may enter into a candidate conservation
        agreement with assurances with the person for a species that
        has been proposed for listing under section 4(c)(1), is a
        candidate species, or is likely to be considered for listing in
        the near future on areas where the person has a fee simple,
        leasehold, or other property interest (including water or other
        natural resources) sufficient to carry out the proposed
        management activities, including on lands or waters under
        Federal ownership or control.
            ``(2) Review by the secretary.--
                    ``(A) Submission to the secretary.--A non-Federal
                person may submit a candidate conservation agreement
                with assurances developed under paragraph (1) to the
                Secretary for review at any time prior to the listing
                described in section 4(c)(1) of a species that is the
                subject of the agreement.
                    ``(B) Criteria for approval.--The Secretary may
                approve an agreement and issue a permit under
                subsection (a)(1)(C) for the agreement if, after notice
                and opportunity for public comment, the Secretary finds
                that--
                            ``(i) for species proposed for listing,
                        candidates for listing, or are likely to be
                        considered for listing in the near future, that
                        are included in the agreement, the actions
                        taken under the agreement, would provide a
                        beneficial contribution to the conservation of
                        the species or its habitat during the duration
                        of the agreement;
                            ``(ii) the actions taken under the
                        agreement will not appreciably reduce the
                        likelihood of survival and recovery of an
                        endangered species or a threatened species; and
                            ``(iii) the agreement includes such
                        monitoring and reporting requirements as
                        reasonably necessary for determining whether
                        the terms and conditions of the agreement are
                        being complied with.
            ``(3) Effective date of permit.--A permit issued under
        subsection (a)(1)(C) shall take effect at the time the species
        is listed pursuant to section 4(c), if the permittee is in full
        compliance with the terms and conditions of the agreement.
            ``(4) Assurances.--A person who has entered into a
        candidate conservation agreement under this subsection, and is
        in compliance with the agreement, may not be required to
        undertake any additional measures for species covered by such
        agreement if the measures would require the payment of
        additional money, or the adoption of additional use,
        development, or management restrictions on any land, waters, or
        water-related rights that would otherwise be available under
        the terms of the agreement without the consent of the person
        entering into the agreement. The Secretary and the person
        entering into a candidate conservation agreement, by the terms
        of the agreement, shall identify--
                    ``(A) other modifications to the agreement; or
                    ``(B) other additional measures;
        if any, that the Secretary may require under extraordinary
        circumstances.''.

SEC. 4. SAFE HARBOR AGREEMENTS.

    Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539)
(as amended by section 3) is further amended by adding at the end the
following:
    ``(l) Safe Harbor Agreements.--
            ``(1) Agreements.--
                    ``(A) In general.--The Secretary may enter into
                agreements with non-Federal persons to benefit the
                conservation of endangered species or threatened
                species by creating, restoring, or improving areas as
                habitat or by maintaining currently unoccupied habitat
                for endangered species or threatened species. Under an
                agreement, the Secretary shall permit the person to
                take endangered species or threatened species included
                under the agreement on lands or waters that are subject
                to the agreement if the taking is incidental to, and
                not the purpose of, carrying out of an otherwise lawful
                activity, except that the Secretary may not permit
                through an agreement any incidental taking below the
                baseline requirement specified pursuant to subparagraph
                (B).
                    ``(B) Baseline.--For each agreement under this
                subsection, the Secretary shall establish a baseline
                requirement that is mutually agreed on by the applicant
                and the Secretary at the time of the agreement that
                will, at a minimum, maintain existing conditions for
                the species covered by the agreement on lands and
                waters that are subject to the agreement. The baseline
                may be expressed in terms of the abundance or
                distribution of endangered or threatened species,
                quantity or quality of habitat, or such other
                indicators as appropriate.
            ``(2) Criteria for approval.--The Secretary may approve an
        agreement and issue a permit under subsection (a)(1)(C) for the
        agreement if, after notice and opportunity for public comment,
        the Secretary finds that--
                    ``(A) the implementation of the terms of the
                agreement is reasonably expected to provide a
                beneficial contribution to the recovery of the species
                during the duration of the agreement;
                    ``(B) the take will be incidental to an otherwise
                lawful activity and will be in accordance with the
                terms of the agreement;
                    ``(C) the actions taken under the agreement will
                not appreciably reduce the likelihood of survival and
                recovery of an endangered species or threatened
                species; and
                    ``(D) the agreement includes such monitoring and
                reporting requirements as reasonably necessary for
                determining whether the terms and conditions of the
                agreement are being complied with.
            ``(3) Effective date of the permit.--A permit issued under
        subsection (a)(1)(C) shall take effect on the day of issuance
        for species covered by the agreement.''.

SEC. 5. FINANCIAL ASSISTANCE.

    Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539)
(as amended by section (4)) is further amended by adding at the end the
following:
    ``(m) Financial Assistance.--
            ``(1) In general.--In cooperation with the States and
        subject to the availability of appropriations, the Secretary
        may provide a grant of up to $10,000 to any individual private
        landowner to assist the landowner in carrying out a candidate
        conservation agreement with assurances or safe harbor agreement
        under this subsection.
            ``(2) Prohibition on assistance for required activities.--
        The Secretary may not provide assistance under this paragraph
        for any action that is required by a permit, candidate
        conservation agreement with assurances, or safe harbor
        agreement under this Act or that is otherwise required under
        this Act or other Federal law.
            ``(3) Other payments.--A grant provided to an individual
        private landowner under this paragraph shall be in addition to,
        and not affect, the total amount of payments that the landowner
        is otherwise eligible to receive under Federal law.''.

Summary: Permit Reassurances Enabling Direct Improvements for Conservation, Tenants, and Species Act of 2018 or the PREDICTS Act of 2018 This bill amends the Endangered Species Act of 1973 to provide statutory authority for requirements regarding habitat conservation plans, candidate conservation agreements, and safe harbor agreements. Those plans and agreements give nonfederal property owners incentives, such as assurances regarding resource use restrictions, if the owner contributes towards the recovery or conservation of an endangered species, a threatened species, or a species that is a candidate for listing as an endangered or threatened species. Under current regulations, a habitat conservation plan is required for entities to hold an incidental take permit for a project that may result in the incidental taking of an endangered or threatened species. Under candidate conservation agreements and safe harbor agreements, property owners enter into agreements with the Department of the Interior or the Department of Commerce, as appropriate, to address the needs of endangered, threatened, or candidate species in exchange for assurances regarding resource use restrictions that might be imposed if circumstances change. Each incidental take permit, candidate conservation agreement, and safe harbor agreement must contain certain assurances governing permit revocation, changed circumstances, and unforeseen circumstances as prescribed by the bill. The departments may provide grants to individual private landowners to assist the landowners in carrying out candidate conservation agreements or safe harbor agreements.


SECTION 1. SHORT TITLE.

     This Act may be cited as the ``National Reconstruction Study Area
Act''.

SEC. 2. FINDINGS.

     Congress finds the following:
            (1) The Reconstruction Era, during which Congress adopted
        the 13th amendment ending slavery, the 14th amendment
        guaranteeing civil rights, and the 15th amendment guaranteeing
        voting rights to all citizens of the United States, saw the
        occurrence of a transforming series of events in the history of
        the United States.
            (2) Beaufort, South Carolina, and the surrounding sea
        islands--
                    (A) contain significant historical and
                archaeological sites associated with the Reconstruction
                Era; and
                    (B) offer a unique opportunity for preserving and
                interpreting the Reconstruction Era.
            (3) The first African-Americans to hear the reading of
        Abraham Lincoln's Emancipation Proclamation assembled on
        January 1, 1863, at the Old Fort Plantation on the Beaufort
        River in the State of South Carolina.
            (4) The Penn School, a national historic landmark located
        on St. Helena Island, South Carolina--
                    (A) was the first educational experiment of the
                Reconstruction Era and the eventual end of chattel
                slavery; and
                    (B) remains 1 of the most significant African-
                American cultural and educational institutions in the
                United States.
            (5) The Freedmen's Bureau, located in the restored Beaufort
        College, served as the chief policy arm of the Federal
        Government for matters related to emancipated slaves during the
        Reconstruction Era.
            (6) Beaufort County, South Carolina, and the surrounding
        sea islands have many other noteworthy historic buildings and
        archaeological sites, including--
                    (A) buildings and sites associated with Robert
                Smalls, a former slave who--
                            (i) became a hero to the Union cause when
                        he and several slaves seized control of the
                        armed Confederate ship on which they served and
                        then turned the ship over to the Union navy;
                        and
                            (ii) represented the State of South
                        Carolina in the House of Representatives during
                        the Reconstruction Era;
                    (B) the first Freedmen's Village of Mitchellville
                on Hilton Head Island, South Carolina;
                    (C) Camp Sexton, the site of the first African-
                American regiment mustered in the United States Army;
                and
                    (D) Penn School and Beaufort College.
            (7) The National Park System does not have a park or
        historic site that focuses primarily on the preservation and
        interpretation of the Reconstruction Era.
            (8) The Reconstruction Era was a period of deep cultural,
        political, and economic division in the United States, and it
        is necessary to better understand this complex period of
        history and the continuing impact of this period on the United
        States.

SEC. 3. DEFINITIONS.

     In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior, acting through the Director of the National
        Park Service.
            (2) Study area.--
                    (A) In general.--The term ``study area'' means the
                area comprised of historical sites in the historic
                district of Beaufort, South Carolina, relating to the
                Reconstruction Era.
                    (B) Inclusions.--The term ``study area'' includes
                the following:
                            (i) The Penn School.
                            (ii) The Old Fort Plantation on the
                        Beaufort River.
                            (iii) The Freedmen's Bureau in Beaufort
                        College.
                            (iv) The First Freedmen's Village of
                        Mitchellville on Hilton Head Island.
                            (v) Various historic buildings and
                        archaeological sites associated with Robert
                        Smalls.
                            (vi) The Beaufort Arsenal.
                            (vii) other significant sites relating to
                        the Reconstruction Era.

SEC. 4. STUDY.

    (a) In General.--The Secretary shall complete a study of the study
area to assess the suitability and feasibility of designating the study
area as a unit of the National Park System.
    (b) Applicable Law.--The study required under subsection (a) shall
be conducted in accordance with Public Law 91-383 (16 U.S.C. 1a-1 et
seq.).

SEC. 5. REPORT.

     As soon as practicable after the study under section 4 is
completed, the Secretary shall submit to the Committee on Resources of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate a report that describes the findings of the
study and any conclusions and recommendations of the Secretary.

Summary: National Reconstruction Study Area Act - Directs the Secretary of the Interior to study and report on the suitability and feasibility of designating an area comprised of historical sites in the historic district of Beaufort, South Carolina, relating to the Reconstruction Era as a unit of the National Park System.

To direct the Secretary of the Interior to study certain sites in the historic district of Beaufort, South Carolina, relating to the Reconstruction Era to assess the suitability and feasibility of designating the study area as a unit of the National Park System.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tribal Forestry Participation and
Protection Act of 2016''.

SEC. 2. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF STEWARDSHIP
              END RESULT CONTRACTING AND OTHER AUTHORITIES.

    (a) Prompt Consideration of Tribal Requests.--Section 2(b) of the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended--
            (1) in paragraph (1), by striking ``Not later than 120 days
        after the date on which an Indian tribe submits to the
        Secretary'' and inserting ``In response to the submission by an
        Indian tribe to the Secretary of''; and
            (2) by adding at the end the following:
            ``(4) Time periods for consideration.--
                    ``(A) Initial response.--Not later than 90 days
                after the date on which the Secretary receives a tribal
                request under paragraph (1), the Secretary shall
                provide an initial response to the Indian tribe
                regarding whether the request may meet the selection
                criteria described in subsection (c).
                    ``(B) Notice of denial.--A notice under subsection
                (d) of the denial of a tribal request under paragraph
                (1) shall be provided to the Indian tribe by not later
                than 1 year after the date on which the Secretary
                receives the request.
                    ``(C) Completion.--Not later than 2 years after the
                date on which the Secretary receives a tribal request
                under paragraph (1), other than a tribal request denied
                under subsection (d), the Secretary shall--
                            ``(i) complete all environmental reviews
                        necessary in connection with the agreement or
                        contract and proposed activities under the
                        agreement or contract; and
                            ``(ii) enter into the agreement or contract
                        with the Indian tribe in accordance with
                        paragraph (2).''.
    (b) Conforming and Technical Amendments.--Section 2 of the Tribal
Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended--
            (1) in subsections (b)(1) and (f)(1), by striking ``section
        347 of the Department of the Interior and Related Agencies
        Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-
        277) (as amended by section 323 of the Department of the
        Interior and Related Agencies Appropriations Act, 2003 (117
        Stat. 275))'' each place it appears and inserting ``section 604
        of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
        6591c)''; and
            (2) in subsection (d), in the matter preceding paragraph
        (1), by striking ``subsection (b)(1), the Secretary may'' and
        inserting ``paragraphs (1) and (4)(B) of subsection (b), the
        Secretary shall''.

SEC. 3. PILOT AUTHORITY FOR RESTORATION OF FEDERAL FOREST LAND BY
              INDIAN TRIBES.

    (a) In General.--Section 305 of the National Indian Forest
Resources Management Act (25 U.S.C. 3104) is amended by adding at the
end the following:
    ``(c) Inclusion of Certain National Forest System Land and Public
Land.--
            ``(1) Purposes.--The purposes of this subsection are--
                    ``(A) to maximize the effective management of
                Federal forest land and to assist in the restoration of
                that land in accordance with the principles of
                sustained yield; and
                    ``(B) to reduce insect, disease, or wildfire risk
                to communities, municipal water supplies, and other at-
                risk Federal land by providing for the implementation
                by Indian tribes of forest restoration projects.
            ``(2) Definitions.--In this subsection:
                    ``(A) Federal forest land.--
                            ``(i) In general.--The term `Federal forest
                        land' means--
                                    ``(I) National Forest System land;
                                and
                                    ``(II) public lands (as defined in
                                section 103 of the Federal Land Policy
                                and Management Act of 1976 (43 U.S.C.
                                1702)), including--
                                            ``(aa) Coos Bay Wagon Road
                                        Grant land reconveyed to the
                                        United States pursuant to the
                                        first section of the Act of
                                        February 26, 1919 (40 Stat.
                                        1179, chapter 47); and
                                            ``(bb) Oregon and
                                        California Railroad Grant land.
                            ``(ii) Exclusions.--The term `Federal
                        forest land' does not include--
                                    ``(I) a component of the National
                                Wilderness Preservation System;
                                    ``(II) a component of the National
                                Wild and Scenic Rivers System;
                                    ``(III) a congressionally
                                designated wilderness study area; or
                                    ``(IV) an inventoried roadless area
                                within the National Forest System.
                    ``(B) Forest land management activities.--The term
                `forest land management activities' means activities
                performed in the management of Indian forest land
                described in subparagraphs (C), (D), and (E) of section
                304(4).
                    ``(C) Secretary concerned.--The term `Secretary
                concerned' means--
                            ``(i) the Secretary of Agriculture, with
                        respect to the Federal forest land referred to
                        in subparagraph (A)(i)(I); and
                            ``(ii) the Secretary of the Interior, with
                        respect to the Federal forest land referred to
                        in subparagraph (A)(i)(II).
            ``(3) Authority.--
                    ``(A) In general.--At the request of an Indian
                tribe, the Secretary concerned may treat Federal forest
                land as Indian forest land for purposes of planning and
                conducting forest land management activities under this
                section if the Federal forest land is located within,
                or mostly within, a geographical area that presents a
                feature or involves circumstances principally relevant
                to that Indian tribe, such as Federal forest land--
                            ``(i) ceded to the United States by treaty
                        or other agreement with that Indian tribe;
                            ``(ii) within the boundaries of a current
                        or former reservation of that Indian tribe; or
                            ``(iii) adjudicated by the Indian Claims
                        Commission or a Federal court to be the tribal
                        homeland of that Indian tribe.
                    ``(B) Management.--Federal forest land treated as
                Indian forest land for purposes of planning and
                conducting management activities pursuant to
                subparagraph (A) shall--
                            ``(i) be managed exclusively under this
                        Act; and
                            ``(ii) remain under the ownership of the
                        Federal agency that owned the Federal forest
                        land on the day before the date of enactment of
                        this subsection.
            ``(4) Requirements.--As part of an agreement to treat
        Federal forest land as Indian forest land under paragraph (3),
        the Secretary concerned and the Indian tribe making the request
        shall--
                    ``(A) provide for continued public access and
                recreation applicable to the Federal forest land as in
                existence prior to the agreement, except that the
                Secretary concerned may limit or prohibit that access
                only for the purpose of--
                            ``(i) protecting human safety; or
                            ``(ii) preventing harm to natural
                        resources;
                    ``(B) continue sharing revenue generated by the
                Federal forest land with State and local governments on
                the terms applicable to the Federal forest land prior
                to the agreement, including, as applicable--
                            ``(i) 25-percent payments under the Secure
                        Rural Schools and Community Self-Determination
                        Act of 2000 (16 U.S.C. 7101 et seq.); or
                            ``(ii) 50-percent payments under the Act of
                        August 28, 1937 (43 U.S.C. 1181a et seq.);
                    ``(C) comply with applicable prohibitions on the
                export of unprocessed logs harvested from the Federal
                forest land;
                    ``(D) recognize all right-of-way agreements in
                place on Federal forest land as in existence prior to
                the commencement of tribal management activities;
                    ``(E) ensure that any county road within the
                Federal forest land as in existence prior to the
                agreement is not adversely impacted; and
                    ``(F) ensure that all commercial timber removed
                from the Federal forest land is sold on a competitive
                bid basis.
            ``(5) Prompt consideration of tribal requests.--Not later
        than 180 days after the date on which the Secretary receives a
        request from an Indian tribe under paragraph (3)(A), the
        Secretary shall--
                    ``(A) approve or deny the request; and
                    ``(B) if the Secretary approves the request, begin
                exercising the authority under that paragraph.
            ``(6) Consultation.--To the extent consistent with the laws
        governing the administration of public lands (as defined in
        section 103 of the Federal Land Policy and Management Act of
        1976 (43 U.S.C. 1702)), the Secretary concerned shall consult
        with each State and unit of local government within which
        Federal forest land is located--
                    ``(A) before entering into an agreement to treat
                the Federal forest land as Indian forest land under
                paragraph (3); and
                    ``(B) with respect to an agreement described in
                subparagraph (A), in planning and conducting forest
                land management activities under this section.
            ``(7) Forest management plans.--All forest land management
        activities under this subsection on National Forest System land
        shall be consistent with the applicable forest plan.
            ``(8) Limitations.--The treatment of Federal forest land as
        Indian forest land for purposes of planning and conducting
        management activities pursuant to paragraph (3)--
                    ``(A) shall not be considered to designate the
                Federal forest land as Indian forest land for any other
                purpose; and
                    ``(B) shall be in accordance with all relevant
                Federal laws applicable to Federal forest land,
                including--
                            ``(i) the National Environmental Policy Act
                        of 1969 (42 U.S.C. 4321 et seq.);
                            ``(ii) the Endangered Species Act of 1973
                        (16 U.S.C. 1531 et seq.);
                            ``(iii) the Federal Water Pollution Control
                        Act (33 U.S.C. 1251 et seq.); and
                            ``(iv) the Clean Air Act (42 U.S.C. 7401 et
                        seq.).
            ``(9) Applicability of nepa.--The execution of, but not the
        decision to enter into, an agreement to treat Federal forest
        land as Indian forest land under paragraph (3) shall constitute
        a Federal action for purposes of the National Environmental
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            ``(10) Termination of authority.--The authority provided by
        this subsection terminates on the date that is 10 years after
        the date of enactment of this subsection.''.
    (b) Effect.--Nothing in this section or an amendment made by this
section--
            (1) prohibits, restricts, or otherwise adversely affects
        any permit, lease, or similar agreement in effect on or after
        the date of enactment of this Act for the use of Federal land
        for the purpose of recreation, utilities, logging, mining, oil,
        gas, grazing, water rights, or any other purpose;
            (2) negatively impacts private land; or
            (3) prohibits, restricts, or otherwise adversely affects
        the authority, jurisdiction, or responsibility of a State to
        manage, control, or regulate under State law fish and wildlife
        on land or in water in the State, including on Federal public
        land.

SEC. 4. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.

    The Secretary of the Interior and the Secretary of Agriculture may
carry out demonstration projects pursuant to which federally recognized
Indian tribes or tribal organizations may enter into contracts to carry
out administrative, management, and other functions under the Tribal
Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.), through
contracts entered into under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).

SEC. 5. FUNDING.

    The Secretary of the Interior and the Secretary of Agriculture
shall use to carry out this Act and amendments made by this Act such
amounts as are necessary from other amounts available to the Secretary
of the Interior or the Secretary of Agriculture, respectively, that are
not otherwise obligated.

Summary: Tribal Forestry Participation and Protection Act of 2016 This bill amends the Tribal Forest Protection Act of 2004 andnbsp. The National Indian Forest Resources Management Act to establish: a timeframenbsp. For consideration of tribal requests to protect Indian forest land or rangeland, a tribal forest management demonstration project. And pilot authority for the Bureau of Land Management and the Forest Service to, upon request of an Indian tribe, treat certain federal forest land as Indian land for purposes ofnbsp, specified land management activities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Volunteer Protection Act of 1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds and declares that--
            (1) within certain States, the willingness of volunteers to
        offer their services has been increasingly deterred by a
        perception that they thereby put personal assets at risk in the
        event of liability actions against the organization they serve;
            (2) as a result of this perception, many nonprofit public
        and private organizations and governmental entities, including
        voluntary associations, social service agencies, educational
        institutions, local governments, foundations, and other civic
        programs, have been adversely affected through the withdrawal
        of volunteers from boards of directors and service in other
        capacities;
            (3) the contribution of these programs to their communities
        is thereby diminished, resulting in fewer and higher cost
        programs than would be obtainable if volunteers were
        participating; and
            (4) because Federal funds are expended on useful and cost
        effective social service programs which depend heavily on
        volunteer participation, protection of voluntarism through
        clarification and limitation of the personal liability risks
        assumed by the volunteer in connection with such participation
        is an appropriate subject for Federal encouragement of State
        reform.
    (b) Purpose.--It is the purpose of this Act to--
            (1) promote the interests of social service program
        beneficiaries and taxpayers; and
            (2) sustain the availability of programs and nonprofit
        organizations and governmental entities which depend on
        volunteer contributions
by encouraging reasonable reform of State laws to provide protection
from personal financial liability to volunteers serving with nonprofit
organizations and governmental entities for actions undertaken in good
faith on behalf of such organizations.

SEC. 3. NO PREEMPTION OF STATE TORT LAW.

    Nothing in this Act shall be construed to preempt the laws of any
State governing tort liability actions.

SEC. 4. STATE STATUTES PROVIDING FOR LIMITATIONS ON LIABILITY FOR
              VOLUNTEERS.

    An allotment may be increased for a State under the provisions of
section 5, if the State statute referred to under subsection (a) of
such section includes the following provisions:
            (1) Except as provided in paragraphs (2) and (4), any
        volunteer of a nonprofit organization or governmental entity
        shall incur no personal financial liability for any tort claim
        alleging damage or injury from any act or omission of the
        volunteer on behalf of the organization or entity if--
                    (A) such individual was acting in good faith and
                within the scope of such individual's official
                functions and duties with the organization or entity;
                and
                    (B) such damage or injury was not caused by willful
                and wanton misconduct by such individual.
            (2) Nothing in this section shall be construed to affect
        any civil action brought by any nonprofit organization or any
        governmental entity against any volunteer of such organization
        or entity.
            (3) Nothing in this section shall be construed to affect
        the liability of any nonprofit organization or governmental
        entity with respect to injury caused to any person.
            (4) The following conditions on, and exceptions to, the
        granting of liability may be imposed for protection to any
        volunteer of an organization or entity required under paragraph
        (1):
                    (A) The organization or entity shall adhere to risk
                management procedures, including mandatory training of
                volunteers.
                    (B) The organization or entity shall be liable for
                the acts or omissions of its volunteers to the same
                extent as an employer is liable, under the laws of the
                State, for the acts or omissions of its employees.
                    (C) The protection from liability shall not apply
                if the volunteer was operating a motor vehicle or was
                operating a vessel, aircraft, or other vehicle for
                which a pilot's license is required.
                    (D) The protection from liability shall not apply
                in the case of a suit brought by an appropriate officer
                of a State or local government to enforce a Federal,
                State, or local law.
                    (E) The protection from liability shall apply only
                if the organization or entity provides a financially
                secure source of recovery for individuals who suffer
                injury as a result of actions taken by a volunteer on
                behalf of the organization or entity. A financially
                secure source of recovery may be an insurance policy
                within specified limits, comparable coverage from a
                risk pooling mechanism, equivalent assets, or
                alternative arrangements that satisfy the State that
                the entity will be able to pay for losses up to a
                specified amount. Separate standards for different
                types of liability exposure may be specified.

SEC. 5. CERTIFICATION REQUIREMENT AND ADJUSTMENT OF SOCIAL SERVICES
              BLOCK GRANT ALLOTMENTS.

    (a) Certification and Block Grant Allotments.--In the case of any
State which certifies, not later than 2 years after the date of the
enactment of this Act, to the Secretary of Health and Human Services
that it has enacted, adopted, or otherwise has in effect State law
which substantially complies with section 4, the Secretary shall
increase by 1 percent the fiscal year allotment which would otherwise
be made to such State to carry out the Social Services Block Grant
Program under title XX of the Social Security Act.
    (b) Continuation of Increase.--Any increase made under subsection
(a) in an allotment to a State shall remain in effect only if the State
makes a certification to the Secretary of Health and Human Services,
not later than the end of each 1-year period occurring successively
after the end of the 2-year period described in subsection (a), that it
has in effect State law which substantially complies with section 4(a).

SEC. 6. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``volunteer'' means an individual performing
        services for a nonprofit organization or a governmental entity
        who does not receive compensation, or any other thing of value
        in lieu of compensation, for such services (other than
        reimbursement for expenses actually incurred or honoraria not
        to exceed $300 per year for government service), and such term
        includes a volunteer serving as a director, officer, trustee,
        or direct service volunteer;
            (2) the term ``nonprofit organization'' means any
        organization described in section 501(c) of the Internal
        Revenue Code of 1986 and exempt from tax under section 501(a)
        of such Code;
            (3) the term ``damage or injury'' includes physical,
        nonphysical, economic, and noneconomic damage; and
            (4) the term ``State'' means each of the several States,
        the District of Columbia, the Commonwealth of Puerto Rico, the
        Virgin Islands, Guam, American Samoa, the Northern Mariana
        Islands, any other territory or possession of the United
        States, or any political subdivision of any such State,
        territory, or possession.

Summary: Volunteer Protection Act of 1993 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.

Volunteer Protection Act of 1993


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Local Transportation
Security Capabilities Act of 2018''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Public and private sector stakeholders.--The term
        ``public and private sector stakeholders'' has the meaning
        given such term in section 114(u)(1)(C) of title 49, United
        States Code.
            (2) Surface transportation asset.--The term ``surface
        transportation asset'' includes facilities, equipment, or
        systems used to provide transportation services by--
                    (A) a public transportation agency (as such term is
                defined in section 1402(5) of the Implementing
                Recommendations of the 9/11 Commission Act of 2007
                (Public Law 110-53; 6 U.S.C. 1131(5)));
                    (B) a railroad carrier (as such term is defined in
                section 20102(3) of title 49, United States Code);
                    (C) an owner or operator of--
                            (i) an entity offering scheduled, fixed-
                        route transportation services by over-the-road
                        bus (as such term is defined in section 1501(4)
                        of the Implementing Recommendations of the 9/11
                        Commission Act of 2007 (Public Law 110-53; 6
                        U.S.C. 1151(4))); or
                            (ii) a bus terminal; or
                    (D) other transportation facilities, equipment, or
                systems, as determined by the Secretary.
            (3) Transportation facility.--The term ``transportation
        facility'' means a bus terminal, intercity or commuter
        passenger rail station, airport, multi-modal transportation
        center, or other transportation facility, as determined by the
        Secretary of Homeland Security.

SEC. 3. THREAT INFORMATION SHARING.

    (a) Prioritization.--The Secretary of Homeland Security shall
prioritize the assignment of officers and intelligence analysts under
section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h) from
the Transportation Security Administration and, as appropriate, from
the Office of Intelligence and Analysis of the Department of Homeland
Security, to locations with participating State, local, and regional
fusion centers in jurisdictions with a high-risk surface transportation
asset in order to enhance the security of such assets, including by
improving timely sharing of classified information regarding terrorist
and other threats.
    (b) Intelligence Products.--Officers and intelligence analysts
assigned to locations with participating State, local, and regional
fusion centers under this section shall participate in the generation
and dissemination of transportation security intelligence products,
with an emphasis on terrorist and other threats to surface
transportation assets that--
            (1) assist State, local, and tribal law enforcement
        agencies in deploying their resources, including personnel,
        most efficiently to help detect, prevent, investigate,
        apprehend, and respond to terrorist and other threats;
            (2) promote more consistent and timely sharing of threat
        information among jurisdictions; and
            (3) enhance the Department of Homeland Security's
        situational awareness of such terrorist and other threats.
    (c) Clearances.--The Secretary of Homeland Security shall make
available to appropriate owners and operators of surface transportation
assets, and any other person that the Secretary determines appropriate
to foster greater sharing of classified information relating to
terrorist and other threats to surface transportation assets, the
process of application for security clearances under Executive Order
No. 13549 (75 Fed. Reg. 162; relating to a classified national security
information program) or any successor Executive order.

SEC. 4. INTEGRATED AND UNIFIED OPERATIONS CENTERS.

    (a) Framework.--Not later than 120 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration, in consultation with the heads of other appropriate
offices or components of the Department of Homeland Security, shall
make available to public and private sector stakeholders a framework
for establishing an integrated and unified operations center
responsible for overseeing daily operations of a transportation
facility that promotes coordination for responses to terrorism, serious
incidents, and other purposes, as determined appropriate by the
Administrator.
    (b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator of the Transportation Security
Administration shall report to the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate regarding the establishment and
activities of integrated and unified operations centers at
transportation facilities at which the Transportation Security
Administration has a presence.

SEC. 5. LOCAL LAW ENFORCEMENT SECURITY TRAINING.

    (a) In General.--The Secretary of Homeland Security, in
consultation with public and private sector stakeholders, may develop,
through the Federal Law Enforcement Training Centers, a training
program to enhance the protection, preparedness, and response
capabilities of law enforcement agencies with respect to terrorism and
other serious incidents at a surface transportation asset.
    (b) Requirements.--If the Secretary of Homeland Security develops
the training program described in subsection (a), such training program
shall--
            (1) be informed by current information regarding terrorist
        tactics;
            (2) include tactical instruction tailored to the diverse
        nature of the surface transportation asset operational
        environment; and
            (3) prioritize training officers from law enforcement
        agencies that are eligible for or receive grants under sections
        2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604
        and 605) and

         officers employed by railroad carriers that operate passenger
        service, including interstate passenger service.

            Passed the House of Representatives March 22, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Strengthening Local Transportation Security Capabilities Act of 2018 This bill directs the Department of Homeland Security (DHS) to prioritize the assignment of officers and intelligence analysts from the Transportation Security Administration (TSA) and DHS's Office of Intelligence and Analysis, to locations with participating state, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such asset. A quot, surface transportation assetquot. Includes facilities, equipment, or systems used to provide transportation services by: (1) a public transportation agency, (2) a railroad carrier, (3) an owner or operator of bus services or a bus terminal, or (4) other facilities as determined by DHS. Officers and intelligence analysts assigned to locations with participating state, local, and regional fusion centers shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on terrorist and other threats to surface transportation assets that: (1) assist state, local, and tribal law enforcement agencies in deploying their resources. (2) promote more consistent and timely sharing of threat information among jurisdictions. And (3) enhance DHS's situational awareness of such terrorist and other threats. The TSA shall: (1) make available to public and private sector stakeholders a framework for establishing an integrated and unified operations center responsible for overseeing daily operations of a transportation facility that promotes coordination for responses to terrorism, serious incidents, and other purposes. And (2) report to the House Committee on Homeland Security and the Senate Committee on Commerce, Science, and Transportation on operations centers at transportation facilities at which the TSA has a presence. DHS, may develop, through the Federal Law Enforcement Training Centers, a training program to enhance the protection, preparedness, and response capabilities of law enforcement agencies with respect to terrorism and other serious incidents at a surface transportation asset.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gerardo Hernandez Airport Security
Act of 2014''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Assistant secretary.--The term ``Assistant Secretary''
        means the Assistant Secretary of Homeland Security
        (Transportation Security) of the Department of Homeland
        Security.
            (2) Administration.--The term ``Administration'' means the
        Transportation Security Administration.

SEC. 3. SECURITY INCIDENT RESPONSE AT AIRPORTS.

    (a) In General.--The Assistant Secretary shall, in consultation
with the Administrator of the Federal Emergency Management Agency,
conduct outreach to all airports in the United States at which the
Administration performs, or oversees the implementation and performance
of, security measures, and provide technical assistance as necessary,
to verify such airports have in place individualized working plans for
responding to security incidents inside the perimeter of the airport,
including active shooters, acts of terrorism, and incidents that target
passenger-screening checkpoints.
    (b) Types of Plans.--Such plans may include, but may not be limited
to, the following:
            (1) A strategy for evacuating and providing care to persons
        inside the perimeter of the airport, with consideration given
        to the needs of persons with disabilities.
            (2) A plan for establishing a unified command, including
        identification of staging areas for non-airport-specific law
        enforcement and fire response.
            (3) A schedule for regular testing of communications
        equipment used to receive emergency calls.
            (4) An evaluation of how emergency calls placed by persons
        inside the perimeter of the airport will reach airport police
        in an expeditious manner.
            (5) A practiced method and plan to communicate with
        travelers and all other persons inside the perimeter of the
        airport.
            (6) To the extent practicable, a projected maximum
        timeframe for law enforcement response.
            (7) A schedule of joint exercises and training to be
        conducted by the airport, the Administration, other
        stakeholders such as airport and airline tenants, and any
        relevant law enforcement, airport police, fire, and medical
        personnel.
            (8) A schedule for producing after-action joint exercise
        reports to identify and determine how to improve security
        incident response capabilities.
    (c) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Assistant Secretary shall report to the
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on the
findings from its outreach to airports under subsection (a), including
an analysis of the level of preparedness such airports have to respond
to security incidents, including active shooters, acts of terrorism,
and incidents that target passenger-screening checkpoints.

SEC. 4. DISSEMINATING INFORMATION ON BEST PRACTICES.

    The Assistant Secretary shall--
            (1) identify best practices that exist across airports for
        security incident planning, management, and training; and
            (2) establish a mechanism through which to share such best
        practices with other airport operators nationwide.

SEC. 5. CERTIFICATION.

    Not later than 90 days after the date of enactment of this Act, and
annually thereafter, the Assistant Secretary shall certify in writing
to the Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate that all screening personnel have participated in practical
training exercises for active shooter scenarios.

SEC. 6. REIMBURSABLE AGREEMENTS.

    Not later than 90 days after the enactment of this Act, the
Assistant Secretary shall provide to the Committee on Homeland Security
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate an analysis of how the Administration
can use cost savings achieved through efficiencies to increase over the
next 5 fiscal years the funding available for checkpoint screening law
enforcement support reimbursable agreements.

SEC. 7. NO ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.

    No additional funds are authorized to be appropriated to carry out
this Act, and this Act shall be carried out using amounts otherwise
available for such purpose.

SEC. 8. INTEROPERABILITY REVIEW.

    (a) In General.--Not later than 90 days after the date of enactment
of this Act, the Assistant Secretary shall, in consultation with the
Assistant Secretary of the Office of Cybersecurity and Communications,
conduct a review of the interoperable communications capabilities of
the law enforcement, fire, and medical personnel responsible for
responding to a security incident, including active shooter events,
acts of terrorism, and incidents that target passenger-screening
checkpoints, at all airports in the United States at which the
Administration performs, or oversees the implementation and performance
of, security measures.
    (b) Report.--Not later than 30 days after the completion of the
review, the Assistant Secretary shall report the findings of the review
to the Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate.

            Passed the House of Representatives July 22, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: This measure has not been amended since it was reported to the House on July 3, 2014. Gerardo Hernandez Airport Security Act of 2014 - Directs the Assistant Secretary of Homeland Security of the Department of Homeland Security (DHS) to: (1) conduct outreach to all US airports at which the Transportation Security Administration (TSA) performs, or oversees the implementation and performance of, security measures. And (2) give necessary technical assistance to verify that such airports have in place individualized working plans for responding to security incidents inside the airport perimeter, including active shooters, acts of terrorism, and incidents that target passenger-screening checkpoints. Requires the Assistant Secretary to report to Congress on the outreach findings, including an analysis of the level of preparedness such airports have to respond to such incidents. Requires the Assistant Secretary to: (1) identify best practices that exist across airports for security incident planning, management, and training. And (2) establish a mechanism through which to share those best practices with other airport operators nationwide. Requires the Assistant Secretary also to: (1) certify annually to specified congressional committees that all screening personnel have participated in practical training exercises for active shooter scenarios, and (2) analyze for those same committees how TSA can use cost savings achieved through efficiencies to increase over the next five fiscal years the funding available for checkpoint screening law enforcement support reimbursable agreements. Declares that no additional appropriations are authorized to carry out this Act. Requires this Act to be carried out using amounts otherwise available. Requires the Assistant Secretary to review the interoperable communications capabilities of law enforcement, fire, and medical personnel responsible for responding to security incidents at all US airports at which the TSA performs, or oversees the implementation and performance of, security measures.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Economic Impact
Analysis Act of 2005''.

SEC. 2. AGENCY RESTRUCTURING OR TERMINATION OF USE OF FACILITY.

    (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
            (1) by redesignating section 37 as section 38; and
            (2) by inserting after section 36 the following:

``SEC. 37. AGENCY RESTRUCTURING OR TERMINATION OF USE OF FACILITY.

    ``(a) Definitions.--As used in this section, the following
definitions apply:
            ``(1) Agency.--The term `agency' has the meaning given the
        term in section 551(1) of title 5, United States Code.
            ``(2) Qualifying termination or restructuring.--The term
        `qualifying termination or restructuring' means any termination
        of the use of a facility or restructuring that will result in
        the net loss of at least 1,000 governmental and nongovernmental
        jobs in any State.
            ``(3) Restructuring.--The term `restructuring' means any
        action by an agency that both reduces and relocates functions
        and personnel, but does not include a reduction in personnel
        resulting from workload adjustments, reduced funding levels, or
        skill imbalances.
            ``(4) Small governmental jurisdiction.--The term `small
        governmental jurisdiction' has the meaning given the term in
        section 601(5) of title 5, United States Code.
            ``(5) State.--The term `State' means each of the several
        States of the United States, the District of Columbia, and the
        Commonwealth of Puerto Rico.
    ``(b) General Requirement.--
            ``(1) Agencies.--An agency may not make a qualified
        termination or restructuring until after complying with the
        requirements of subsections (c) through (e).
            ``(2) Other entities.--An entity that is statutorily
        authorized to recommend a qualified termination or
        restructuring may not finalize its recommendation until after
        complying with the requirements of subsections (c) through (e).
    ``(c) Economic Analysis.--
            ``(1) Economic analysis required.--
                    ``(A) Agencies.--Prior to making any qualifying
                termination or restructuring, an agency shall conduct a
                detailed analysis of the impact on small business
                concerns and small governmental jurisdictions of the
                proposed termination or restructuring.
                    ``(B) Other entities.--Prior to recommending a
                qualifying termination or restructuring, any entity
                statutorily authorized to make such recommendations
                shall conduct a detailed analysis of the impact on
                small business concerns and small governmental
                jurisdictions of the proposed termination or
                restructuring.
            ``(2) Scope of economic analysis.--The analysis required
        under paragraph (1) shall include--
                    ``(A) a description of the small business concerns
                and small governmental jurisdictions that will be
                affected by the proposed termination or restructuring
                and an estimate of the number of such small business
                concerns and small governmental jurisdictions;
                    ``(B) a description of the efforts by the agency or
                entity to minimize the significant adverse economic
                impact on small business concerns and small
                governmental jurisdictions of the proposed termination
                or restructuring; and
                    ``(C) a description of any alternative termination
                or restructuring that would reduce the overall impact
                of the proposed termination or restructuring on small
                business concerns, together with an explanation of the
                reasons for not proposing such alternative termination
                or restructuring.
            ``(3) Cost-benefit analysis of impact on certain states.--
                    ``(A) In general.--In conducting the analysis
                required under paragraph (1), the agency or entity
                shall also conduct, consistent with the principles
                stated in Office of Management and Budget Circular A-4
                (September 17, 2003), a quantitative cost-benefit
                analysis of the economic impact upon small business
                concerns and small governmental jurisdictions of the
                proposed termination or restructuring in any State
                where the agency or entity determines the economic
                impact of such termination or restructuring would
                exceed $100,000,000.
                    ``(B) Scope of cost-benefit analysis.--In
                conducting a cost-benefit analysis under subparagraph
                (A), the agency or entity shall--
                            ``(i) evaluate and compare the costs and
                        benefits to small business concerns and small
                        governmental jurisdictions of the proposed
                        termination or restructuring, quantifying and
                        expressing in monetized values to the maximum
                        extent possible such costs and benefits;
                            ``(ii) provide clearly stated alternatives
                        to the proposed termination or restructuring;
                        and
                            ``(iii) prepare a summary report of the
                        costs and benefits to small business concerns
                        and small governmental jurisdictions of the
                        termination or restructuring proposed under
                        each such set of alternate proposals.
                    ``(C) Transparency of cost-benefit analysis.--
                            ``(i) In general.--In conducting a cost-
                        benefit analysis under subparagraph (A) or
                        preparing a summary report under subparagraph
                        (B)(iii), the agency or entity shall take
                        measures to ensure the transparency of such
                        actions, including the bases for making
                        estimates and forming conclusions for purposes
                        of such analysis or report.
                            ``(ii) Required measures.--The measures an
                        agency or entity takes to ensure transparency
                        shall include--
                                    ``(I) incorporating an executive
                                summary;
                                    ``(II) detailing the assumptions
                                that were used in the analysis and the
                                discount rates applied to future costs
                                and benefits;
                                    ``(III) specifically referencing
                                all sources of data;
                                    ``(IV) providing appendices with
                                documentation of any models used; and
                                    ``(V) including the results of
                                formal sensitivity and other
                                uncertainty analyses.
    ``(d) Publication of Economic Analysis.--
            ``(1) Draft economic analysis.--Not later than 180 days
        before taking final action on a qualifying termination or
        restructuring, an agency or entity shall--
                    ``(A) publish a draft of its economic analysis
                under subsection (c) on its website; and
                    ``(B) provide notice of the draft economic analysis
                in the Federal Register with at least a 60-day period
                for public comment.
            ``(2) Final economic analysis.--After due consideration of
        any comments, the agency or entity shall publish--
                    ``(A) a final economic analysis on its web site;
                and
                    ``(B) a notice regarding the final economic
                analysis in the Federal Register.
    ``(e) GAO Review.--
            ``(1) In general.--After publishing the final economic
        analysis under subsection (d), an agency or entity shall submit
        its final economic analysis to the Comptroller General of the
        United States for review of the analysis.
            ``(2) Deadline.--Not later than 90 days after receiving a
        final economic analysis under paragraph (1), the Comptroller
        General of the United States shall complete an analysis of the
        submission and publish a report regarding the sufficiency of
        the analysis.
            ``(3) Revised economic analysis required upon determination
        of insufficient analysis.--If the Comptroller General of the
        United States determines that the final economic analysis is
        insufficient, the agency or entity shall repeat the procedures
        required under subsections (c) and (d) and paragraph (1).
    ``(f) Final Action.--An agency or entity may not take final action
on a qualifying termination or restructuring until after receiving a
satisfactory review from the Comptroller General of the United States
under subsection (e).
    ``(g) Judicial Review.--
            ``(1) In general.--Not later than 90 days after the notice
        regarding the final economic analysis is published in the
        Federal Register under subsection (d)(2)(B), any small business
        concern or small governmental jurisdiction adversely affected
        or aggrieved by the qualifying termination or restructuring may
        file a petition for judicial review of the qualifying
        termination or restructuring with the United States Court of
        Appeals for the circuit in which the small business concern or
        small governmental jurisdiction is located.
            ``(2) Expedited review.--The Court of Appeals shall provide
        for expedited review of a petition under paragraph (1).
            ``(3) Scope of review.--Any review under paragraph (1)
        shall be limited to determining whether--
                    ``(A) the qualifying termination or restructuring
                constitutes an agency action that is arbitrary,
                capricious, an abuse of discretion, or otherwise not in
                accordance with law; and
                    ``(B) the economic analysis under subsection (c)
                was insufficient.''.
    (b) Applicability.--The requirements of section 37 of the Small
Business Act, as added by subsection (a), shall apply to any qualifying
termination or restructuring (as that term is defined in subsection (a)
of such section) for which final action has not occurred as of the date
of the enactment of this Act.

Summary: Small Business Economic Impact Analysis Act of 2005 - Prohibits an agency from making a qualified termination or restructuring unless it conducts a detailed analysis of the impact on small businesses and small governmental jurisdictions of the proposed termination or restructuring. Requires: (1) a related cost-benefit analysis. And (2) the agency to publish a draft of the analysis at least 180 days before undertaking the termination or restructuring. Directs the: (1) agency to publish a final economic analysis. And (2) Comptroller General to review such final analysis. Prohibits an agency from taking final action on a termination or restructuring until its analysis receives a satisfactory review from the Comptroller General. Authorizes judicial review for any small business or small governmental jurisdiction adversely affected or aggrieved by a qualifying termination or restructuring.

A bill to provide for an economic analysis of the impact in small business concerns and small governmental jurisdictions of agency and other decisions that result in a net loss of at least 1,000 jobs, and for other purposes.