SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unrecognized Southeast Alaska Native
Communities Recognition and Compensation Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) in 1971, Congress enacted the Alaska Native Claims
        Settlement Act (43 U.S.C. 1601 et seq.) to recognize and settle
        the aboriginal claims of Alaska Natives to the land Alaska
        Natives had used for traditional purposes;
            (2) that Act awarded approximately $1,000,000,000 and
        44,000,000 acres of land to Alaska Natives and provided for the
        establishment of Native Corporations to receive and manage the
        funds and land;
            (3) pursuant to that Act, Alaska Natives have been enrolled
        in 1 of 13 Regional Corporations;
            (4) most Alaska Natives reside in communities that are
        eligible under that Act to form a Village or Urban Corporation
        within the geographical area of a Regional Corporation;
            (5) Village or Urban Corporations established under that
        Act received cash and surface rights to the settlement land
        described in paragraph (2) and the corresponding Regional
        Corporation received cash and land that includes the subsurface
        rights to the land of the Village or Urban Corporation;
            (6) the southeastern Alaska communities of Haines,
        Ketchikan, Petersburg, Tenakee, and Wrangell are not listed
        under that Act as communities eligible to form Village or Urban
        Corporations, even though the population of those villages
        comprises greater than 20 percent of the shareholders of the
        Regional Corporation for Southeast Alaska and display historic,
        cultural, and traditional qualities of Alaska Natives;
            (7) the communities described in paragraph (6) have sought
        full eligibility for land and benefits under that Act for more
        than 3 decades;
            (8) in 1993, Congress directed the Secretary of the
        Interior to prepare a report examining the reasons why the
        communities listed in paragraph (6) had been denied eligibility
        to form Village or Urban Corporations and receive land and
        benefits pursuant to that Act;
            (9) the report described in paragraph (8), published in
        February, 1994, indicates that--
                    (A) the communities listed in paragraph (6) do not
                differ significantly from the Southeast Alaska
                communities that were permitted to form Village or
                Urban Corporations under that Act;
                    (B) the communities are similar to other
                communities that are eligible to form Village or Urban
                Corporations under that Act and receive land and
                benefits under that Act--
                            (i) in actual number and percentage of
                        Native Alaskan population; and
                            (ii) with respect to the historic use and
                        occupation of land;
                    (C) each such community was involved in advocating
                the settlement of the aboriginal claims of the
                community; and
                    (D) some of the communities appeared on early
                versions of lists of Native Villages prepared before
                the date of the enactment of that Act, but were not
                included as Native Villages under that Act;
            (10) the omissions described in paragraph (9) are not
        clearly explained in any provision of that Act or the
        legislative history of that Act; and
            (11) on the basis of the findings described in paragraphs
        (1) through (10), Alaska Natives who were enrolled in the 5
        unlisted communities and the heirs of the Alaska Natives have
        been inadvertently and wrongly denied the cultural and
        financial benefits of enrollment in Village or Urban
        Corporations established pursuant to that Act.
    (b) Purpose.--The purpose of this Act is to redress the omission of
the communities described in subsection (a)(6) from eligibility by
authorizing the Native people enrolled in the communities--
            (1) to form Urban Corporations for the communities of
        Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under the
        Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
        and
            (2) to receive certain settlement land and other
        compensation pursuant to that Act.

SEC. 3. ESTABLISHMENT OF ADDITIONAL NATIVE CORPORATIONS.

    Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C.
1615) is amended by adding at the end the following:
    ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee,
and Wrangell, Alaska.--
            ``(1) In general.--The Native residents of each of the
        Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and
        Wrangell, Alaska, may organize as Urban Corporations.
            ``(2) Effect on entitlement to land.--Nothing in this
        subsection affects any entitlement to land of any Native
        Corporation established before the date of enactment of this
        subsection pursuant to this Act or any other provision of
        law.''.

SEC. 4. SHAREHOLDER ELIGIBILITY.

    Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C.
1607) is amended by adding at the end the following:
    ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee,
and Wrangell.--
            ``(1) In general.--The Secretary shall enroll to each of
        the Urban Corporations for Haines, Ketchikan, Petersburg,
        Tenakee, or Wrangell those individual Natives who enrolled
        under this Act to the Native Villages of Haines, Ketchikan,
        Petersburg, Tenakee, or Wrangell, respectively.
            ``(2) Number of shares.--Each Native who is enrolled to an
        Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee,
        or Wrangell pursuant to paragraph (1) and who was enrolled as a
        shareholders of the Regional Corporation for Southeast Alaska
        on or before March 30, 1973, shall receive 100 shares of
        Settlement Common Stock in the respective Urban Corporation.
            ``(3) Natives receiving shares through inheritance.--If a
        Native received shares of stock in the Regional Corporation for
        Southeast Alaska through inheritance from a decedent Native who
        originally enrolled to the Native Village of Haines, Ketchikan,
        Petersburg, Tenakee, or Wrangell and the decedent Native was
        not a shareholder in a Village or Urban Corporation, the Native
        shall receive the identical number of shares of Settlement
        Common Stock in the Urban Corporation for Haines, Ketchikan,
        Petersburg, Tenakee, or Wrangell as the number of shares
        inherited by that Native from the decedent Native who would
        have been eligible to be enrolled to the respective Urban
        Corporation.
            ``(4) Effect on entitlement to land.--Nothing in this
        subsection affects entitlement to land of any Regional
        Corporation pursuant to section 12(b) or 14(h)(8).''.

SEC. 5. DISTRIBUTION RIGHTS.

    Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C.
1606) is amended--
            (1) in subsection (j)--
                    (A) by striking ``(j) During'' and inserting the
                following:
    ``(j) Distribution of Corporate Funds and Other Net Income.--
            ``(1) In general.--During'';
                    (B) by striking ``Not less'' and inserting the
                following:
            ``(2) Minimum allocation.--Not less'';
                    (C) by striking ``In the case'' and inserting the
                following:
            ``(3) Thirteenth regional corporation.--In the case''; and
                    (D) by adding at the end the following:
            ``(4) Native villages of haines, ketchikan, petersburg,
        tenakee, and wrangell.--Native members of the Native Villages
        of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who
        become shareholders in an Urban Corporation for such a Native
        Village shall continue to be eligible to receive distributions
        under this subsection as at-large shareholders of the Regional
        Corporation for Southeast Alaska.''; and
            (2) by adding at the end the following:
    ``(s) Effect of Amendatory Act.--The Unrecognized Southeast Alaska
Native Communities Recognition and Compensation Act and the amendments
made by that Act shall not affect--
            ``(1) the ratio for determination of revenue distribution
        among Native Corporations under this section; or
            ``(2) the settlement agreement among Regional Corporation
        or Village Corporations or other provisions of subsection (i)
        or (j).''.

SEC. 6. COMPENSATION.

    The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following:

``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG,
              TENAKEE, AND WRANGELL.

    ``(a) Offer of Compensation.--
            ``(1) In general.--On incorporation of the Urban
        Corporations for Haines, Ketchikan, Petersburg, Tenakee, and
        Wrangell, the Secretary, in consultation and coordination with
        the Secretary of Commerce, and in consultation with
        representatives of each such Urban Corporation and the Regional
        Corporation for Southeast Alaska, shall offer as compensation,
        pursuant to this Act, 1 township of land (23,040 acres) to each
        of the Urban Corporations for Haines, Ketchikan, Petersburg,
        Tenakee, and Wrangell, and other appropriate compensation in
        accordance with this subsection.
            ``(2) Local areas of historical, cultural, traditional, and
        economic importance.--
                    ``(A) In general.--The Secretary shall offer as
                compensation under this subsection local areas of
                historical, cultural, traditional, and economic
                importance to Alaska Natives from the Villages of
                Haines, Ketchikan, Petersburg, Tenakee, or Wrangell.
                    ``(B) Selection of land.--In selecting the land to
                be withdrawn and conveyed pursuant to this section, the
                Secretary--
                            ``(i) shall give preference to land with
                        commercial purposes; and
                            ``(ii) may include subsistence and cultural
                        sites, aquaculture sites, hydroelectric sites,
                        tideland, surplus Federal property and eco-
                        tourism sites.
                    ``(C) Contiguous, compact sites.--The land selected
                pursuant to this section shall be contiguous and
                reasonably compact tracts if practicable.
                    ``(D) Valid existing rights.--The land selected
                pursuant to this section shall be subject to all valid
                existing rights and all other provisions of section
                14(g), including any lease, contract, permit, right-of-
                way, or easement (including a lease issued under
                section 6(g) of the Act of July 7, 1958 (commonly known
                as the `Alaska Statehood Act') (48 U.S.C. note prec.
                21; Public Law 85-508)).
            ``(3) Capital expenses.--The Secretary shall offer as
        compensation under this subsection $650,000 for capital
        expenses associated with corporate organization and
        development, including expenses for--
                    ``(A) the identification of forest and land parcels
                for selection and withdrawal;
                    ``(B) making conveyance requests, receiving title,
                preparing resource inventories, land and resource use,
                and development planning;
                    ``(C) land and property valuations;
                    ``(D) corporation incorporation and start-up;
                    ``(E) advising and enrolling shareholders;
                    ``(F) issuing stock; and
                    ``(G) seed capital for resource development.
            ``(4) Additional compensation.--
                    ``(A) In general.--The Secretary shall offer as
                compensation under this subsection such additional
                forms of compensation as the Secretary considers
                appropriate, including grants and loan guarantees to be
                used for planning, development and other purposes for
                which Native Corporations are organized under this Act
                and any additional financial compensation.
                    ``(B) Allocation.--Any additional compensation
                offered under this paragraph shall be allocated among
                the 5 Urban Corporations on a pro rata basis based on
                the number of shareholders in each Urban Corporation.
    ``(b) Acceptance or Rejection of Offer.--
            ``(1) In general.--Not later than 1 year after the date of
        the offer of compensation from the Secretary under subsection
        (a), the each of the Urban Corporations for Haines, Ketchikan,
        Petersburg, Tenakee, and Wrangell shall accept or reject the
        offer.
            ``(2) Resolution.--To accept or reject the offer, each such
        Urban Corporation shall provide to the Secretary a properly
        executed and certified corporate resolution that states that
        the offer proposed by the Secretary was voted on, and either
        approved or rejected, by a majority of the shareholders of the
        Urban Corporation.
            ``(3) Rejection of offer.--If the offer is rejected--
                    ``(A) the Secretary, in consultation with
                representatives of the Urban Corporation that rejected
                the offer and the Regional Corporation for Southeast
                Alaska, shall revise the offer; and
                    ``(B) the Urban Corporation shall have an
                additional 180 days within which to accept or reject
                the revised offer.
    ``(c) Withdrawal and Conveyance of Land and Title.--Not later than
180 days after receipt of a corporate resolution of an Urban
Corporation approving an offer of the Secretary under subsection
(b)(1), the Secretary shall (as appropriate)--
            ``(1) withdraw the land;
            ``(2) convey to the Urban Corporation title to the surface
        estate of the land; and
            ``(3) convey to the Regional Corporation for Southeast
        Alaska title the subsurface estate for the land.
    ``(d) Conveyance of Roads, Trails, Log Transfer Facilities, Leases,
and Appurtenances.--The Secretary shall, without consideration of
compensation, convey to the Urban Corporations of Haines, Ketchikan,
Petersburg, Tenakee, and Wrangell, by quitclaim deed or patent, all
right, title, and interest of the United States in all roads, trails,
log transfer facilities, leases, and appurtenances on or related to the
land conveyed to the Corporations pursuant to subsection (c).
    ``(e) Settlement Trust.--
            ``(1) In general.--The Urban Corporations of Haines,
        Ketchikan, Petersburg, Tenakee, and Wrangell may establish a
        settlement trust in accordance with section 39 for the purposes
        of promoting the health, education, and welfare of the trust
        beneficiaries, and preserving the Native heritage and culture,
        of the communities of Haines, Ketchikan, Petersburg, Tenakee,
        and Wrangell, respectively.
            ``(2) Proceeds and income.--The proceeds and income from
        the principal of a trust established under paragraph (1)
        shall--
                    ``(A) first be applied to the support of those
                enrollees, and the descendants of the enrollees, who
                are elders or minor children; and
                    ``(B) then to the support of all other
                enrollees.''.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
to carry out this Act and the amendments made by this Act.

Summary: Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act - Amends the Alaska Native Claims Settlement Act to permit the Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as Urban Corporations and to receive certain settlement lands and other compensation pursuant to this Act.

To provide for the recognition of certain Native communities and the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Montana Fish and Wildlife
Conservation Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) it is in the interest of the United States for the
        Secretary of the Interior to sell leaseholds at Canyon Ferry
        Reservoir in the State of Montana for fair market value if the
        proceeds from the sale are used--
                    (A) to establish a trust to provide a permanent
                source of funding to acquire access or other property
                interests from willing sellers to conserve fish and
                wildlife and to enhance public hunting and fishing
                opportunities at the Reservoir and along the Missouri
                River;
                    (B) to establish a fund to be used to acquire
                access or other property interests from willing sellers
                to increase public access to Federal land in the State
                of Montana and to enhance hunting and fishing
                opportunities; and
                    (C) to reduce the Pick-Sloan project debt for the
                Canyon Ferry Unit;
            (2) existing trusts in the State of Montana, including the
        Rock Creek Trust and the Montana Power Company Missouri-Madison
        Trust, have provided substantial public benefits by conserving
        fish and wildlife and by enhancing public hunting and fishing
        opportunities in the State of Montana;
            (3) many Federal lands in the State of Montana do not have
        suitable public access, and establishing a fund to acquire
        easements to those lands from willing sellers would enhance
        public hunting and fishing opportunities in the State of
        Montana;
            (4) the sale of the leaseholds at the Reservoir will reduce
        Federal payments in lieu of taxes and associated management
        expenditures in connection with the ownership by the Federal
        Government of the leaseholds while increasing local tax
        revenues from the new owners of the leased lots; and
            (5) the sale of the leaseholds at the Reservoir will reduce
        expensive and contentious disputes between the Federal
        Government and leaseholders, while ensuring that the Federal
        Government receives full and fair value for the acquisition of
        the property.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) CFRA.--The term ``CFRA'' means the Canyon Ferry
        Recreation Association, Incorporated, a Montana corporation.
            (2) Fund.--The term ``Fund'' means the Montana Hunter and
        Fisherman Access Fund established under section 6(a).
            (3) Lessee.--The term ``lessee'' means the holder of a
        leasehold described in section 4(b) as of the date of enactment
        of this Act, and the holder's heirs, executors, and assigns of
        the holder's leasehold interest.
            (4) Purchaser.--The term ``Purchaser'' means the person or
        entity that purchases the 265 leaseholds under section 4.
            (5) Reservoir.--The term ``Reservoir'' means the Canyon
        Ferry Reservoir in the State of Montana.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (7) Trust.--The term ``Trust'' means the Canyon Ferry-
        Missouri River Trust established under section 5(a).

SEC. 4. SALE OF LEASEHOLDS.

    (a) In General.--Subject to subsection (c) and notwithstanding any
other provision of law, the Secretary shall sell at fair market value--
            (1) all right, title, and interest of the United States in
        and to all (but not fewer than all) of the leaseholds described
        in subsection (b), subject to valid existing rights; and
            (2) easements for--
                    (A) vehicular access to each leasehold;
                    (B) access to and the use of 1 dock per leasehold;
                and
                    (C) access to and the use of all boathouses, ramps,
                retaining walls, and other improvements for which
                access is provided in the leases as of the date of this
                Act.
    (b) Description of Leaseholds.--
            (1) In general.--The leaseholds to be conveyed are--
                    (A) the 265 cabin sites of the Bureau of
                Reclamation located along the northern portion of the
                Reservoir in portions of sections 2, 11, 12, 13, 15,
                22, 23, and 26, Township 10 North, Range 1 West; plus
                    (B) any small parcels contiguous to the leaseholds
                (not including shoreline property or property needed to
                provide public access to the shoreline of the
                Reservoir) that the Secretary determines should be
                conveyed in order to eliminate inholdings and
                facilitate administration of surrounding land remaining
                in Federal ownership.
            (2) Acreage; legal description.--The acreage and legal
        description of each property shall be agreed on by the
        Secretary and the Purchaser.
    (c) Purchase Process.--
            (1) In general.--The Secretary shall--
                    (A) solicit sealed bids for all of the leaseholds;
                and
                    (B) subject to paragraph (2), sell the leaseholds
                to the bidder that submits the highest bid above the
                minimum bid determined under paragraph (2).
            (2) Minimum bid.--Before accepting bids, the Secretary, in
        consultation with interested bidders, shall establish a minimum
        bid based on an appraisal of the fair market value of the
        leaseholds, exclusive of the value of private improvements made
        by the leaseholders before the date of the conveyance, by means
        of an appraisal conducted in accordance with the appraisal
        procedures used under Federal law, including, to the extent
        practicable, the procedures specified in sections 2201.3
        through 2201.3-5 of title 43, Code of Federal Regulations.
            (3) Right of first refusal.--If the highest bidder is other
        CFRA, CFRA shall have the right to match the highest bid and
        purchase the leaseholds at a price equal to the amount of that
        bid.
    (d) Conditions.--
            (1) Consideration.--As consideration for the conveyance
        under subsection (a), the Purchaser shall--
                    (A) contribute to the Trust the amount that is
                equal to 45 percent of the purchase price of the
                leaseholds;
                    (B) contribute to the Fund the amount that is equal
                to 45 percent of the purchase price of the leaseholds;
                and
                    (C) pay the Secretary for deposit in the Treasury
                of the United States an amount that is equal to 10
                percent of the purchase price of the leaseholds.
            (2) No charitable deduction.--The Purchaser, any owner,
        member, or other interest holder in the Purchaser, and any
        leaseholder shall not be entitled to a charitable deduction
        under the Internal Revenue Code of 1986 by reason of the making
        of the contribution under subparagraph (A) or (B) of paragraph
        (1).
            (3) Option to purchase.--
                    (A) In general.--The Purchaser shall give each
                leaseholder of record of a leasehold conveyed under
                this section an option to purchase the leasehold at
                fair market value.
                    (B) Nonpurchasing lessees.--
                            (i) Right to continue lease.--A lessee that
                        is unable or unwilling to purchase a property
                        shall be permitted to continue to lease the
                        property for fair market value rent under the
                        same terms and conditions as the existing
                        leases, including the right to renew the term
                        of the existing lease for 2 consecutive 5-year
                        terms.
                            (ii) Compensation for improvements.--If a
                        lessee declines to purchase a leasehold, the
                        Purchaser shall compensate the lessee for the
                        full market value of the improvements made to
                        the leasehold.
            (4) Historical use.--The Purchaser shall honor the existing
        property descriptions and historical use restrictions for the
        leaseholds, as determined by the Bureau of Reclamation.
    (e) Administrative Costs.--Any administrative cost incurred by the
Secretary incident to the conveyance under subsection (a) shall be
reimbursed by the Purchaser.

SEC. 5. CANYON FERRY-MISSOURI RIVER TRUST.

    (a) Establishment.--The Secretary shall encourage establishment of
a nonprofit charitable permanent perpetual trust, similar in structure
and purpose to the existing trusts referred to in section 1(2), to be
known as the ``Canyon Ferry-Missouri River Trust'', to provide a
permanent source of funding to acquire land and interests in land from
willing sellers at fair market value to conserve fish and wildlife,
enhance public hunting and fishing opportunities, and improve public
access at the Reservoir and along the Missouri River and its
tributaries from the confluence of the Madison River, Gallatin River,
and Jefferson River downstream to the Reservoir.
    (b) Board of Trustees.--
            (1) Membership.--The trust referred to in subsection (a)
        shall have a Board of Trustees consisting of 1 representative
        of each of--
                    (A) local agricultural landowners;
                    (B) a local hunting organization;
                    (C) a statewide hunting organization;
                    (D) a fisheries conservation organization; and
                    (E) a nonprofit land trust or environmental
                organization.
            (2) Consultation.--In managing the Trust, the Board of
        Directors shall consult with representatives of--
                    (A) the Bureau of Reclamation;
                    (B) the Forest Service;
                    (C) the Bureau of Land Management;
                    (D) the United States Fish and Wildlife Service;
                    (E) the Montana Department of Fish, Wildlife, and
                Parks;
                    (F) the Montana Science Institute at Canyon Ferry,
                Montana; and
                    (G) local governmental bodies (including the Lewis
                and Clark and Broadwater County Commissioners).
    (c) Use.--
            (1) Principal.--The principal amount of the Trust shall be
        inviolate.
            (2) Earnings.--Earnings on amounts in the Trust shall be
        used to carry out subsection (a) and to administer the Trust.
    (d) Management.--Land and interests in land acquired under this
section shall be managed for the purposes described in subsection (a).

SEC. 6. MONTANA HUNTER AND FISHERMAN ACCESS FUND.

    (a) Establishment.--There is established in the Treasury of the
United States an interest-bearing account, to be known as the ``Montana
Hunter and Fisherman Access Fund'', for the purpose of acquiring land
and interests in land in the State of Montana from willing sellers at
fair market value to--
            (1) improve public access to Federal land in the State of
        Montana for hunting or fishing; and
            (2) enhance public hunting and fishing opportunities in the
        State of Montana through the conservation of fish and wildlife.
    (b) Use.--
            (1) Principal.--The principal amount of the Fund shall be
        inviolate.
            (2) Earnings.--
                    (A) In general.--Earnings on amounts in the Fund
                shall be used to carry out subsection (a).
                    (B) Administration.--The earnings shall be used at
                the joint direction of--
                            (i) the Chief of the Forest Service;
                            (ii) the Director of the Bureau of Land
                        Management; and
                            (iii) the Director of the United States
                        Fish and Wildlife Service.
    (c) Management.--Land and interests in land acquired under this
section shall be managed for the purposes described in subsection (a).

Summary: Montana Fish and Wildlife Conservation Act of 1998 - Directs the Secretary of the Interior to sell at fair market value: (1) all right, title, and interest of the United States in and to specified leaseholds , subject to valid existing rights. And (2) easements for specified access to such leaseholds. Sets forth requirements for the purchase process. Grants the Canyon Ferry Recreation Association, Incorporated, the right to match the highest bid and purchase the leaseholds. Requires the leasehold purchaser to: (1) contribute 45 percent of the purchase price to each of the Canyon Ferry-Missouri River Trust and the Montana Hunter and Fisherman Access Fund. And (2) pay ten percent of the purchase price to the Secretary for deposit in the Treasury. Gives existing leaseholders an option to purchase leaseholds and nonpurchasing lessees the right to continue to lease the property under the same terms provided in existing leases. Requires the Secretary to encourage establishment of a nonprofit charitable permanent perpetual trust, to be known as the Canyon Ferry-Missouri River Trust, to provide a permanent source of funding to acquire land to conserve fish and wildlife, enhance public hunting and fishing opportunities, and improve public access at the Reservoir and along the Missouri River. Establishes the Montana Hunter and Fisherman Access Fund in the Treasury for purposes of acquiring land in Montana to improve public access to Federal land for hunting or fishing and enhance public hunting and fishing opportunities through the conservation of fish and wildlife.


SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Training for Realtime Writers Act
of 2003''.

SEC. 2. FINDINGS.

     Congress makes the following findings:
            (1) As directed by Congress in section 723 of the
        Communications Act of 1934 (47 U.S.C. 613), as added by section
        305 of the Telecommunications Act of 1996 (Public Law 104-104;
        110 Stat. 126), the Federal Communications Commission adopted
        rules requiring closed captioning of most television
        programming, which gradually require new video programming to
        be fully captioned beginning in 2006.
            (2) More than 28,000,000 Americans, or 8 percent of the
        population, are considered deaf or hard of hearing and many
        require captioning services to participate in mainstream
        activities.
            (3) More than 24,000 children are born in the United States
        each year with some form of hearing loss.
            (4) According to the United States Department of Health and
        Human Services and a study done by the National Council on
        Aging--
                    (A) 25 percent of Americans over 65 years old are
                hearing impaired;
                    (B) 33 percent of Americans over 70 years old are
                hearing impaired; and
                    (C) 41 percent of Americans over 75 years old are
                hearing impaired.
            (5) The National Council on Aging study also found that
        depression in older adults may be directly related to hearing
        loss and disconnection with the spoken word.
            (6) Empirical research demonstrates that captions improve
        the performance of those individuals learning to read English
        and, according to numerous Federal agencies' statistics, could
        benefit--
                    (A) 3.7 million remedial readers;
                    (B) 12 million young children learning to read;
                    (C) 27 million illiterate adults; and
                    (D) 30 million people for whom English is a second
                language.
            (7) Over the past 5 years, student enrollment in programs
        that train court reporters to become realtime writers has
        decreased significantly, causing such programs to close on many
        campuses.

SEC. 3. AUTHORIZATION OF GRANT PROGRAM TO PROMOTE TRAINING AND JOB
              PLACEMENT OF REALTIME WRITERS.

    (a) In General.--The Secretary of Education shall make competitive
grants to eligible entities under subsection (b) to promote training
and placement of individuals, including individuals who have completed
a court reporting training program, as realtime writers in order to
meet the requirements for closed captioning of video programming set
forth in section 723 of the Communications Act of 1934 (47 U.S.C. 613)
and the rules prescribed thereunder.
    (b) Eligible Entities.--For purposes of this act, an eligible
entity is a court reporting or realtime writing training program that--
            (1) can document and demonstrate to the Secretary of
        Education that it meets minimum standards of educational and
        financial accountability, with a curriculum capable of training
        realtime writers, qualified to provide captioning services;
            (2) is accredited by an accrediting agency recognized by
        the Department of Education; and
            (3) participates in student aid programs under title IV of
        the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.)
    (c) Priority in Grants.--In determining whether to award grants
under this section, the Secretary of Education shall give priority to
eligible entities that--
            (1) demonstrate the greatest ability to increase their
        capacity to train realtime writers;
            (2) demonstrate the most promising collaboration with local
        educational institutions, businesses, labor organizations, or
        other community groups having the potential to train or provide
        job placement assistance to realtime writers; and
            (3) propose the most promising and innovative approaches
        for initiating or expanding training or job placement
        assistance efforts for realtime writers.
    (d) Duration of Grant.--A grant under this section shall be for a
period of 2 years.
    (e) Maximum Amount of Grant.--The amount of a grant provided under
subsection (a) to an entity eligible may not exceed $1,500,000 for the
2-year period of the grant.

SEC. 4. APPLICATION.

    To receive a grant under section 3, an eligible entity shall submit
an application to the Secretary of Education at such time and in such
manner as the Secretary shall require. The application shall include--
            (1) a description of the training and assistance to be
        funded using the grant amount, including how such training and
        assistance will increase the number of realtime writers;
            (2) a description of performance measures to be utilized to
        evaluate the progress of individuals receiving such training
        and assistance in matters relating to enrollment, completion of
        training, and job placement and retention;
            (3) a description of the manner in which the eligible
        entity will ensure that recipients of scholarships, if any,
        funded by the grant will be employed and retained as realtime
        writers;
            (4) a description of the manner in which the eligible
        entity intends to continue providing the training and
        assistance to be funded by the grant after the end of the grant
        period, including any partnerships or arrangements established
        for that purpose;
            (5) a description of how the eligible entity will work with
        local workforce investment boards to ensure that training and
        assistance to be funded with the grant will further local
        workforce goals, including the creation of educational
        opportunities for individuals who are from economically
        disadvantaged backgrounds or are displaced workers; and
            (6) such other information as the Secretary may require.

SEC. 5. USE OF FUNDS.

    (a) In General.--An eligible entity receiving a grant under section
3 shall use the grant amount for purposes relating to the recruitment,
training, assistance, and job placement of individuals (including
individuals who have completed a court reporting training program) as
realtime writers, including--
            (1) recruitment activites;
            (2) subject to subsection (b), the provision of
        scholarships to individuals for training in realtime writing;
            (3) distance learning;
            (4) design and development of curriculum to more
        effectively train realtime writing skills and education in the
        knowledge bases necessary for the delivery of high quality
        closed captioning services;
            (5) assistance in job placement for upcoming and recent
        graduates with all types of captioning employers;
            (6) encouragement of individuals with disabilities to
        pursue a career in realtime writing; and
            (7) the employment and payment of personnel for such
        purposes.
    (b) Scholarships.--
            (1) Amount.--The amount of a scholarship under subsection
        (a)(2) shall be based on the amount of need of the recipient of
        the scholarship for financial assistance, as determined in
        accordance with part F of title IV of the Higher Education Act
        of 1965 (20 U.S.C. 1087kk).
            (2) Agreement.--Each recipient of a scholarship under
        subsection (a)(2) shall enter into an agreement with the
        Secretary of Education to provide realtime writing services for
        a period of time (as determined by the Secretary) that is
        appropriate for the amount of the scholarship received.
            (3) Coursework and employment.--The Secretary shall
        establish requirements for coursework and employment for
        recipients of scholarships under subsection (a)(2), including
        requirements for repayment of scholarship amounts in the event
        of failure to meet such requirements for coursework and
        employment. Requirements for repayment of scholarship amounts
        shall take into account the effect of economic conditions on
        the capacity of scholarship recipients to find work as realtime
        writers.
    (c) Administrative Costs.--The recipient of a grant under section 3
may not use more than 5 percent of the grant amount to pay
administrative costs associated with activities funded by the grant.
    (d) Supplement not Supplant.--Grants amounts under this Act shall
supplement and not supplant other Federal or non-Federal funds of the
grant recipient for purposes of promoting the training and placement of
individuals as realtime writers.

SEC. 6. REPORTS.

    Each eligible entity receiving a grant under section 3 shall submit
to the Secretary of Education, at the end of each year of the grant
period, a report which shall include--
            (1) a description of the use of grant amounts by the entity
        during such year;
            (2) an assessment, utilizing the performance measures
        submitted by the entity in the application for the grant under
        section 4(b), of the effectiveness of activities carried out
        using such funds in increasing the number of realtime writers;
        and
            (3) a description of the best practices identified by the
        entity as a result of the grant for increasing the number of
        individuals who are trained, employed, and retained in
        employment as realtime writers.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

     There is authorized to be appropriated to carry out this Act--
            (1) $20,000,000 for each of fiscal years 2004, 2005, and
        2006; and
            (2) such sums as may be necessary for fiscal year 2007.

Summary: Training for Realtime Writers Act of 2003 - Directs the Secretary of Education to make competitive grants to eligible entities to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers to meet requirements for closed captioning in video programming. Sets forth priorities to be given in the award of such grants. Limits grants to a two-year period and a maximum amount of $1.5 million.

To provide competitive grants for training court reporters and realtime writers to meet requirements for closed captioning under the Telecommunications Act of 1996, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Targeting Child Predators Act of
2016''.

SEC. 2. NONDISCLOSURE OF ADMINISTRATIVE SUBPOENAS.

    Section 3486(a) of title 18, United States Code, is amended--
            (1) by striking ``the Secretary of the Treasury'' each
        place it appears and inserting ``the Secretary of Homeland
        Security'';
            (2) in paragraph (5), by striking ``ordered by a court'';
        and
            (3) by striking paragraph (6) and inserting the following:
            ``(6)(A)(i) If a subpoena issued under this section is
        accompanied by a certification under clause (ii) and notice of
        the right to judicial review under subparagraph (C), no
        recipient of a subpoena under this section shall disclose to
        any person that the Federal official who issued the subpoena
        has sought or obtained access to information or records under
        this section, for a period of 180 days.
            ``(ii) The requirements of clause (i) shall apply if the
        Federal official who issued the subpoena certifies that the
        absence of a prohibition of disclosure under this subsection
        may result in--
                    ``(I) endangering the life or physical safety of an
                individual;
                    ``(II) flight from prosecution;
                    ``(III) destruction of or tampering with evidence;
                    ``(IV) intimidation of potential witnesses; or
                    ``(V) otherwise seriously jeopardizing an
                investigation or unduly delaying a trial.
            ``(B)(i) A recipient of a subpoena under this section may
        disclose information otherwise subject to any applicable
        nondisclosure requirement to--
                    ``(I) those persons to whom disclosure is necessary
                in order to comply with the request;
                    ``(II) an attorney in order to obtain legal advice
                or assistance regarding the request; or
                    ``(III) other persons as permitted by the Federal
                official who issued the subpoena.
            ``(ii) A person to whom disclosure is made under clause (i)
        shall be subject to the nondisclosure requirements applicable
        to a person to whom a subpoena is issued under this section in
        the same manner as the person to whom the subpoena was issued.
            ``(iii) Any recipient that discloses to a person described
        in clause (i) information otherwise subject to a nondisclosure
        requirement shall notify the person of the applicable
        nondisclosure requirement.
            ``(iv) At the request of the Federal official who issued
        the subpoena, any person making or intending to make a
        disclosure under subclause (I) or (III) of clause (i) shall
        identify to the individual making the request under this clause
        the person to whom such disclosure will be made or to whom such
        disclosure was made prior to the request.
            ``(C)(i) A nondisclosure requirement imposed under
        subparagraph (A) shall be subject to judicial review under
        section 3486A.
            ``(ii) A subpoena issued under this section, in connection
        with which a nondisclosure requirement under subparagraph (A)
        is imposed, shall include notice of the availability of
        judicial review described in clause (i).
            ``(D) A nondisclosure requirement imposed under
        subparagraph (A) may be extended in accordance with section
        3486A(a)(4).''.

SEC. 3. JUDICIAL REVIEW OF NONDISCLOSURE REQUIREMENTS.

    (a) In General.--Chapter 223 of title 18, United States Code, is
amended by inserting after section 3486 the following:
``Sec. 3486A. Judicial review of nondisclosure requirements
    ``(a) Nondisclosure.--
            ``(1) In general.--
                    ``(A) Notice.--If a recipient of a subpoena under
                section 3486 wishes to have a court review a
                nondisclosure requirement imposed in connection with
                the subpoena, the recipient may notify the Government
                or file a petition for judicial review in any court
                described in subsection (a)(5) of section 3486.
                    ``(B) Application.--Not later than 30 days after
                the date of receipt of a notification under
                subparagraph (A), the Government shall apply for an
                order prohibiting the disclosure of the existence or
                contents of the relevant subpoena. An application under
                this subparagraph may be filed in the district court of
                the United States for the judicial district in which
                the recipient of the subpoena is doing business or in
                the district court of the United States for any
                judicial district within which the authorized
                investigation that is the basis for the subpoena is
                being conducted. The applicable nondisclosure
                requirement shall remain in effect during the pendency
                of proceedings relating to the requirement.
                    ``(C) Consideration.--A district court of the
                United States that receives a petition under
                subparagraph (A) or an application under subparagraph
                (B) should rule expeditiously, and shall, subject to
                paragraph (3), issue a nondisclosure order that
                includes conditions appropriate to the circumstances.
            ``(2) Application contents.--An application for a
        nondisclosure order or extension thereof or a response to a
        petition filed under paragraph (1) shall include a
        certification from the Federal official who issued the subpoena
        indicating that the absence of a prohibition of disclosure
        under this subsection may result in--
                    ``(A) endangering the life or physical safety of an
                individual;
                    ``(B) flight from prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses; or
                    ``(E) otherwise seriously jeopardizing an
                investigation or unduly delaying a trial.
            ``(3) Standard.--A district court of the United States
        shall issue a nondisclosure order or extension thereof under
        this subsection if the court determines that there is reason to
        believe that disclosure of the information subject to the
        nondisclosure requirement during the applicable time period may
        result in--
                    ``(A) endangering the life or physical safety of an
                individual;
                    ``(B) flight from prosecution;
                    ``(C) destruction of or tampering with evidence;
                    ``(D) intimidation of potential witnesses; or
                    ``(E) otherwise seriously jeopardizing an
                investigation or unduly delaying a trial.
            ``(4) Extension.--Upon a showing that the circumstances
        described in subparagraphs (A) through (E) of paragraph (3)
        continue to exist, a district court of the United States may
        issue an ex parte order extending a nondisclosure order imposed
        under this subsection or under section 3486(a)(6)(A) for
        additional periods of 180 days, or, if the court determines
        that the circumstances necessitate a longer period of
        nondisclosure, for additional periods which are longer than 180
        days.
    ``(b) Closed Hearings.--In all proceedings under this section,
subject to any right to an open hearing in a contempt proceeding, the
court must close any hearing to the extent necessary to prevent an
unauthorized disclosure of a request for records, a report, or other
information made to any person or entity under section 3486. Petitions,
filings, records, orders, certifications, and subpoenas must also be
kept under seal to the extent and as long as necessary to prevent the
unauthorized disclosure of a subpoena under section 3486.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 223 of title 18, United States Code, is amended by inserting
after the item relating to section 3486 the following:

``3486A. Judicial review of nondisclosure requirements.''.

Summary: Targeting Child Predators Act of 2016 This bill amends the federal criminal code to establish: (1) a certificationnbsp, process with respectnbsp, to nondisclosure requirements imposed in connection withnbsp. Specified administrative subpoenas, and (2) a judicial review process with respect to the imposition of such requirements.

Targeting Child Predators Act of 2016


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Insurance Disclosure Act of 1997''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Insurer.--The term ``insurer'' means any person,
        reciprocal exchange, interinsurer, Lloyds insurer, fraternal
        benefit society, or other legal entity engaged in the business
        of insurance, including agents, brokers, adjusters, and third
        party administrators. The term also includes health benefit
        plans, health carriers, and life, disability, and property and
        casualty insurers.
            (2) Health benefit plan.--The term ``health benefit plan''
        means any public or private entity or program that provides for
        payments for health care, including--
                    (A) a group health plan (as defined in section
                2791(a)(1) of the Public Health Service Act (42 U.S.C.
                300gg-91(a)(1)), section 733(a)(1) of the Employee
                Retirement Income Security Act of 1974 (29 U.S.C.
                1191b(a)(1)), or section 5000(b)(1) of the Internal
                Revenue Code of 1986));
                    (B) a multiple employer welfare arrangement (as
                defined in section 3(40) of the Employee Retirement
                Income Security Act (29 U.S.C. 1002(40))) that provides
                benefits consisting of medical care (as defined in
                section 733(a)(2) of such Act (29 U.S.C. 1191b(a)(2))),
                including items and services paid for as medical care;
                    (C) any other health insurance arrangement,
                including any arrangement consisting of a hospital or
                medical expense incurred policy or certificate,
                hospital or medical service plan contract, or health
                maintenance organization subscriber contract;
                    (D) workers' compensation or similar insurance to
                the extent that it relates to workers' compensation
                medical benefits (as defined in regulations of the
                Secretary);
                    (E) automobile medical insurance to the extent that
                it relates to medical benefits (as defined in
                regulations of the Secretary); and
                    (F) any other insurance providing for enrollees
                medical benefits (as defined in regulations of the
                Secretary) in the event of sickness, accident,
                disability, death, or unemployment.
            (3) Health carrier.--The term ``health carrier'' means a
        person that contracts or offers to contract on a risk-assuming
        basis to provide, deliver, arrange for, pay for, or reimburse
        any of the cost of health care services, including a sickness
        and accident insurance company, a health maintenance
        organization, a nonprofit hospital and health service
        corporation, or any other entity providing a plan of health
        insurance, health benefits, or health services.
            (4) Policy.--The term ``policy'' means a contract of
        insurance, certificate, indemnity, suretyship, or annuity
        issued, proposed for issuance, or intended for issuance by an
        insurer, including endorsements or riders to an insurance
        policy or contract.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 3. ACCESS BY EXAMINED INDIVIDUAL TO RESULTS OF MEDICAL
              EXAMINATIONS.

    An insurer shall take such actions as are necessary to ensure that,
in any case in which--
            (1) a medical examination of an individual is required for
        initial or continued enrollment under a policy issued by the
        insurer, and
            (2) such medical examination is conducted by a person who
        is in the employ of the insurer or whose services are procured
        otherwise by the insurer,
such individual (or the individual's legal guardian) is provided all
medical information obtained from such examination at the same time
that such information is made available to the insurer and is
encouraged to make such information available to such individual's own
physician.

SEC. 4. ENFORCEMENT.

    (a) Applicability of Certain Public Health Service Act
Provisions.--
            (1) In general.--For purposes of sections 2722 and 2723 of
        the Public Health Service Act (42 U.S.C. 300gg-22, 300gg-23),
        the provisions of section 3 shall be deemed provisions of part
        A of title XXVII of such Act. For purposes of sections 2761 and
        2762 of such Act (42 U.S.C. 300gg-45, 300gg-46), the provisions
        of section 3 shall be deemed provisions of part B of such title
        XXVII.
            (2) Rules of construction.--In applying such sections 2722,
        2723, 2761 and 2762, and section 2791(d) of such Act (42 U.S.C.
        300gg-91(d)) pursuant to paragraph (1)--
                    (A) any reference to a ``health insurance issuer''
                shall be deemed a reference to an insurer (as defined
                in section 2(1)));
                    (B) any reference to ``health insurance coverage''
                (including any such coverage offered in connection with
                a group health plan) shall be deemed a reference to a
                policy (as defined in section 2(4));
                    (C) any reference to a ``group health plan'' shall
                be deemed a reference to a group insurance plan (as
                defined in section 111(b)(1) of the Employee Retirement
                Income Security Act of 1974, and subject to the same
                rules as apply with respect to group health plans under
                section 2721(a) of the Public Health Service Act (42
                U.S.C. 300gg-21(a))); and
                    (D) any reference to part A or part B of title
                XXVII of such Act shall be deemed a reference to
                sections 2 through 6 of this Act.
    (b) Private Cause of Action.--
            (1) In general.--An individual who believes that he or she
        has been adversely affected by an act or practice of an insurer
        in violation of section 3 may maintain an action against the
        insurer in a Federal or State court of original jurisdiction.
        Upon proof of such conduct by a preponderance of the evidence,
        the court may award appropriate relief, including temporary,
        preliminary, and permanent injunctive relief and compensatory
        and punitive damages, as well as the costs of suit and
        reasonable fees for the aggrieved individual's attorneys and
        expert witnesses. With respect to compensatory damages, the
        aggrieved individual may elect, at any time prior to the
        rendering of final judgment, to recover in lieu of actual
        damages, an award of statutory damages in the amount of $10,000
        for each violation. It shall be the duty of the Federal courts
        to advance on the docket and to expedite to the greatest
        possible extent the disposition of any action for temporary or
        preliminary injunctive relief considered under this paragraph.
            (2) Additional provisions relating to jurisdiction, venue,
        attorney's fees, etc.--
                    (A) In general.--Subject to subparagraph (B),
                subsections (d), (e), (f), (g), (h), and (j) of section
                502 of the Employee Retirement Income Security Act of
                1974 (29 U.S.C. 1132(d), (e), (f), (g), (h), and (j))
                shall apply with respect to a cause of action under
                paragraph (1) in the same manner and to the same extent
                as such subsections apply with respect to a cause of
                action under section 502(a)(1)(B) of such Act (29
                U.S.C. 1132(a)(1)(B)).
                    (B) Rules of construction.--In applying such
                subsections pursuant to subparagraph (A)--
                            (i) any reference to a ``participant'' or
                        ``beneficiary'' shall be deemed a reference to
                        the aggrieved individual referred to in
                        paragraph (1);
                            (ii) any reference to an ``employee benefit
                        plan'' shall be deemed a reference to an
                        insurer (as defined in section (2)(A));
                            (iii) any reference to the Secretary of
                        Labor or the Secretary of the Treasury shall be
                        deemed a reference to the Secretary of Health
                        and Human Services; and
                            (iv) any reference to title I of such Act
                        shall be deemed a reference to sections 2
                        through 6 of this Act.

SEC. 5. EFFECT ON STATE LAW.

    (a) In General.--Section 3 supersedes any provision of State law
which is inconsistent with any provision of such section, in terms of
providing less protection to individuals than is provided by such
section, but only to the extent of such inconsistency. Nothing in
section 3 shall be construed to--
            (1) alter or relieve any insurer from the obligation to
        comply with any State law with respect to insurers, policies,
        and health benefit plans, except to the extent that such law is
        inconsistent with any provision of section 3, or
            (2) preclude a State from enacting any law or regulation
        that affords a greater level or broader range of protections to
individuals under policies or health benefit plans.
    (b) Definitions.--For purposes of this section, the terms ``State''
and ``State law'' have the meanings provided such terms under section
514(c) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1144(c)).

SEC. 6. REGULATIONS.

    The Secretary (in consultation with the Secretary of Labor) shall
prescribe regulations to carry out the provisions of sections 2 through
5.

SEC. 7. ERISA REQUIREMENTS FOR DISCLOSURE BY GROUP INSURANCE PLANS TO
              PARTICIPANTS AND BENEFICIARIES OF THEIR MEDICAL CONDITION
              LEARNED IN THE COURSE OF MEDICAL EXAMINATIONS REQUIRED
              FOR COVERAGE UNDER SUCH PLANS.

    (a) In General.--Part 1 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 is amended--
            (1) by redesignating section 111 (29 U.S.C. 1031) as
        section 112; and
            (2) by inserting after section 110 (29 U.S.C. 1030) the
        following new section:

 ``disclosure to participants and beneficiaries of results of medical
            examinations conducted by group insurance plans

    ``Sec. 111. (a) In General.--A group insurance plan, and any
insurer offering a policy in connection with such plan, shall take such
actions as are necessary to ensure that, in any case in which--
            ``(1) a medical examination of a participant or beneficiary
        is required for initial or continued eligibility for benefits,
        and
            ``(2) such medical examination is conducted by a person who
        is in the employ of the plan or the insurer or whose services
        are procured otherwise by the plan or the insurer,
such participant or beneficiary (or his or her legal guardian) is
provided all medical information obtained from such examination at the
same time that such information is made available to the plan or
insurer and is encouraged to make such information available to his or
her own physician.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Group insurance plan.--The term `group insurance
        plan' means an employee welfare benefit plan established and
        maintained for the purpose of providing for its participants or
        their beneficiaries, through the purchase of insurance or
        otherwise, medical, surgical, or hospital care or benefits, or
        benefits in the event of sickness, accident, disability, death,
        or unemployment.
            ``(2) Policy.--The term ``policy'' means a contract of
        insurance, certificate, indemnity, suretyship, or annuity,
        including endorsements or riders to an insurance policy or
        contract.
    ``(c) Effect on State Law.--This section supersedes any provision
of State law which is inconsistent with any provision of this section,
in terms of providing less protection to participants and beneficiaries
than is provided by this section, but only to the extent of such
inconsistency. Nothing in this section shall be construed to--
            ``(1) alter or relieve any plan administrator from the
        obligation to comply with the laws of any State with respect to
        group insurance plans, except to the extent that such laws are
        inconsistent with any provision of this section, or
            ``(2) preclude a State from enacting any law or regulation
        that affords a greater level or broader range of protections to
        participants and beneficiaries under group insurance plans.
    ``(d) Expedited Consideration.--It shall be the duty of the Federal
courts to advance on the docket and to expedite to the greatest
possible extent the disposition of any action under section 502 for
temporary or preliminary injunctive relief from violations of this
section.
    ``(e) Regulations.--The Secretary (in consultation with the
Secretary of Health and Human Services) shall prescribe regulations to
carry out the provisions of this section.''.
    (b) Penalties at $100 a Day for Failure to Disclose.--Section
502(c)(1)(A) of such Act (29 U.S.C. 1132(c)(1)(A)) is amended by
striking ``or section 101(e)(1)'' and inserting ``, section 101(e)(1),
or section 111(a)''.
    (c) Conforming Amendment.--The table of contents in section 1 is
amended by striking the item relating to section 111 and inserting the
following new items:

``Sec. 111. Disclosure to participants and beneficiaries of results of
                            medical examinations conducted by group
                            insurance plans.
``Sec. 112. Repeal and effective date.''.

SEC. 8. EFFECTIVE DATE.

    Sections 2, 3, 4, 5, and 6 shall apply with respect to any action
taken on or after the date of the enactment of this Act. The amendments
made by section 7 shall apply with respect to plan years beginning on
or after such date.

Summary: Insurance Disclosure Act of 1997 - Requires insurers, if a medical exam is required for initial or continued enrollment, to: (1) provide the individual involved with all medical information obtained from the exam. And (2) encourage the individual to make the information available to the individual's physician. Deems the above requirements to be provisions of the Public Health Service Act for purposes of provisions relating to enforcement, preemption, State flexibility, and construction. Provides for a private cause of action, including applying certain civil enforcement provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Supersedes any State law providing less protection to individuals. Amends ERISA to require a group insurance plan, and any insurer offering a policy in connection with such plan, if a medical exam is required for initial or continued eligibility for benefits, to: (1) provide the individual involved with all medical information obtained from the exam. And (2) encourage the individual to make the information available to the individual's physician. Supersedes any State law providing less protection to individuals. Makes an administrator who fails or refuses to comply liable to the individual for up to $100 per day. Allows other relief.

Insurance Disclosure Act of 1997


SECTION 1. CHIEF FINANCIAL OFFICER OF THE VIRGIN ISLANDS.

    (a) Appointment of Chief Financial Officer.--
            (1) In general.--The Governor of the Virgin Islands shall
        appoint a Chief Financial Officer, with the advice and consent
        of the Legislature of the Virgin Islands, from the names on the
        list required under section 2(d). If the Governor has nominated
        a person for Chief Financial Officer but the Legislature of the
        Virgin Islands has not confirmed a nominee within 90 days after
        receiving the list pursuant to section 2(d), the Governor shall
        appoint from such list a Chief Financial Officer on an acting
        basis until the Legislature consents to a Chief Financial
        Officer.
            (2) Acting chief financial officer.--If a Chief Financial
        Officer has not been appointed under paragraph (1) within 180
        days after the date of the enactment of this Act, the Virgin
        Islands Chief Financial Officer Search Commission, by majority
        vote, shall appoint from the names on the list submitted under
        section 2(d), an Acting Chief Financial Officer to serve in
        that capacity until a Chief Financial Officer is appointed
        under the first sentence of paragraph (1). In either case, if
        the Acting Chief Financial Officer serves in an acting capacity
        for 180 consecutive days, without further action the Acting
        Chief Financial Officer shall become the Chief Financial
        Officer.
    (b) Transfer of Functions.--
            (1) In general.--Upon the appointment of a Chief Financial
        Officer under subsection (a), the functions of the Director of
        the Office of Management and Budget established under the laws
        of the Virgin Islands shall be transferred to the Chief
        Financial Officer. All employees of the Office of Management
        and Budget become employees of the Office of the Chief
        Financial Officer.
            (2) Documents provided.--The heads of each department of
        the Government of the Virgin Islands, in particular the head of
        the Department of Finance of the Virgin Islands and the head of
        the Internal Revenue Bureau of the Virgin Islands shall provide
        all documents and information under the jurisdiction of that
        head that the Chief Financial Officer considers required to
        carry out his or her functions to the Chief Financial Officer.
    (c) Duties of Chief Financial Officer.--The duties of the Chief
Financial Officer shall include the following:
            (1) Assume the functions and authority of the office of the
        Office of Management and Budget established under the laws of
        the Virgin Islands as transferred under subsection (b).
            (2) Develop a report on the financial status of the
        Government of the Virgin Islands not later than 6 months after
        appointment and quarterly thereafter. Such reports shall be
        available to the public and shall be submitted to the Committee
        on Resources in the House of Representatives and the Committee
        on Energy and Natural Resources in the Senate.
            (3) Each year certify spending limits of the annual budget
        and whether or not the annual budget is balanced.
            (4) Monitor operations of budget for compliance with
        spending limits, appropriations, and laws, and direct
        adjustments where necessary.
            (5) Develop standards for financial management, including
        inventory and contracting, for the government of the Virgin
        Islands in general and for each agency in conjunction with the
        agency head.
            (6) Oversee all aspects of the implementation of the
        financial management system provided pursuant to section 3 to
        ensure the coordination, transparency, and networking of all
        agencies' financial, personnel, and budget functions.
            (7) Provide technical staff to the Governor and legislature
        of the Virgin Islands for development of a deficit reduction
        and financial recovery plan.
    (d) Deputy Chief Financial Officer.--Until the date that is 5 years
after the date of the enactment of this Act, the position of the
Director of the Office of Management and Budget of the Virgin Islands
shall--
            (1) have the duties, salary (as specified in subsection
        (f)(3)), and other conditions of the Deputy Chief Financial
        Officer in lieu of the duties, salary, and other conditions of
        the Director of the Office of Management and Budget of the
        Virgin Islands as such functions existed before the appointment
        of the Chief Financial Officer; and
            (2) assist the Chief Financial Officer in carrying out the
        duties of the Chief Financial Officer.
    (e) Conditions Related to Chief Financial Officer.--
            (1) Term.--The Chief Financial Officer shall be appointed
        for a term of 5 years.
            (2) Removal.--The Chief Financial Officer shall not be
        removed except for cause. An Acting Chief Financial Officer may
        be removed for cause or by a Chief Financial Officer appointed
        with the advice and consent of the Legislature of the Virgin
        Islands.
            (3) Replacement.--If the Chief Financial Officer is unable
        to continue acting in that capacity due to removal, illness,
        death, or otherwise, another Chief Financial Officer shall be
        selected in accordance with subsection (a).
            (4) Salary.--The Chief Financial Officer shall be paid at a
        salary to be determined by the Governor of the Virgin Islands,
        except such rate may not be less than the highest rate of pay
        for a cabinet officer of the Government of the Virgin Islands
        or a Chief Financial Officer serving in any government or
        semiautonomous agency.
    (f) Conditions Related to Deputy Chief Financial Officer.--
            (1) Term; removal.--The Deputy Chief Financial Officer
        shall serve at the pleasure of the Chief Financial Officer.
            (2) Replacement.--If the Deputy Chief Financial Officer is
        unable to continue acting in that capacity due to removal,
        illness, death, or otherwise, another person shall be selected
        by the Governor of the Virgin Islands to serve as Deputy Chief
        Financial Officer.
            (3) Salary.--The Deputy Chief Financial Officer shall be
        paid at a salary to be determined by the Chief Financial
        Officer, except such rate may not be less than the rate of pay
        of the Director of the Office of Management and Budget.
    (g) Resumption of Functions.--On the date that is 5 years after the
date of the enactment of this Act, the functions of the Chief Financial
Officer shall be transferred to the Director of the Office of
Management and Budget of the Virgin Islands.
    (h) Sunset.--This section shall cease to have effect after the date
that is 5 years after the date of the enactment of this Act.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known
as the ``Virgin Islands Chief Financial Officer Search Commission''.
    (b) Duty of Commission.--The Commission shall recommend to the
Governor not less than 3 candidates for nomination as Chief Financial
Officer of the Virgin Islands. Each candidate must have demonstrated
ability in general management of, knowledge of, and extensive practical
experience at the highest levels of financial management in
governmental or business entities and must have experience in the
development, implementation, and operation of financial management
systems. Candidates shall not have served in a policy making or
unclassified position of the Government of the Virgin Islands in the 10
years immediately preceding appointment as Chief Financial Officer.
    (c) Membership.--
            (1) Number and appointment.--The Commission shall be
        composed of 9 members appointed not later than 30 days after
        the date of the enactment of this Act. Persons appointed as
        members must have recognized business, government, or financial
        expertise and experience and shall be appointed as follows:
                    (A) 1 individual appointed by the Governor of the
                Virgin Islands.
                    (B) 1 individual appointed by the President of the
                Legislature of the Virgin Islands.
                    (C) 1 individual, who is an employee of the
                Government of the Virgin Islands, appointed by the
                Central Labor Council of the Virgin Islands.
                    (D) 1 individual appointed by the Chamber of
                Commerce of St. Thomas-St. John.
                    (E) 1 individual appointed by the Chamber of
                Commerce of St. Croix.
                    (F) 1 individual appointed by the President of the
                University of the Virgin Islands.
                    (G) 1 individual appointed by the Chief Judge of
                the Virgin Islands Territorial Court.
                    (H) 1 individual, who is a resident of St. John,
                appointed by the At-Large Member of the Legislature of
                the Virgin Islands.
                    (I) 1 individual appointed by the Advocates for the
                Preservation of the Retirement System.
            (2) Terms.--
                    (A) In general.--Each member shall be appointed for
                the life of the Commission.
                    (B) Vacancies.--A vacancy in the Commission shall
                be filled in the manner in which the original
                appointment was made. Any member appointed to fill a
                vacancy shall be appointed for the remainder of that
                term.
            (3) Basic pay.--Members shall serve without pay.
            (4) Quorum.--Five members of the Commission shall
        constitute a quorum.
            (5) Chairperson.--The Chairperson of the Commission shall
        be the Chief Judge of the Territorial Court or her designee and
        shall serve as an ex officio member of the Commission and shall
        vote only in the case of a tie.
            (6) Meetings.--The Commission shall meet at the call of the
        Chairperson. The Commission shall meet for the first time not
        later than 15 days after all members have been appointed under
        this subsection.
            (7) Government employment.--Members may not be current
        government employees, except for the member appointed under
        paragraph (1)(C); and
    (d) Report; Recommendations.--The Commission shall transmit a
report to the Governor and the Resources Committee of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate not later than 60 days after its first meeting. The report
shall name the Commission's recommendations for candidates for
nomination as Chief Financial Officer of the Virgin Islands.
    (e) Termination.--The Commission shall terminate 210 days after its
first meeting.

SEC. 3. FINANCIAL MANAGEMENT SYSTEM.

     It is hereby authorized to be appropriated such sums as necessary
for the installation of a Financial Management System, including
appropriate computer hardware and software, to the Government of the
Virgin Islands. Upon becoming available, the financial management
system shall be available to the Chief Financial Officer and, after the
date that is 5 years after the date of the enactment of this Act, the
Director of the Office of Management and Budget of the Virgin Islands,
to assist the Chief Financial Officer or the Director of the Office of
Management and Budget of the Virgin Islands, as the case may be, to
carry out the official duties of that office.

SEC. 4. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Chief financial officer.--In sections 1 and 2, the term
        ``Chief Financial Officer'' means a Chief Financial Officer or
        Acting Chief Financial Officer, as the case may be, appointed
        under section 1(a).
            (2) Commission.--The term ``Commission'' means the Virgin
        Islands Chief Financial Officer Search Commission established
        pursuant to section 2.
            (3) Governor.--The term ``Governor'' means the Governor of
        the Virgin Islands.
            (4) Removal for cause.--The term ``removal for cause''
        means removal based upon misconduct, failure to meet job
        requirements, or any grounds that a reasonable person would
        find grounds for discharge.

SEC. 5. NO ABROGATION OF POWERS.

    Nothing in this Act shall be construed to permit the Governor and
Legislature of the Virgin Islands to dilute, delegate, or otherwise
alter or weaken the powers and authority of the Office of Management
and Budget established under the laws of the Virgin Islands.

            Passed the House of Representatives September 22, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Summary: Requires the Governor of the Virgin Islands to appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from a list required by this Act. States that if: (1) the Legislature has not confirmed a nominee within 90 days the Governor shall appoint an Acting Chief Financial Officer until the Legislature consents to a Chief Financial Officer. And (2) a Chief Financial Officer has not been appointed within 180 days the Virgin Islands Chief Financial Officer Search Commission shall appoint from such list an Acting Chief Financial Officer until a Chief Financial Officer is appointed. Sets forth the Chief Financial Officer's duties, including: (1) assumption of the functions and authority of the Office of Management and Budget. And (2) budget and financial management systems oversight. Transfers the functions of the Director of the Office of Management and Budget to the Chief Financial Officer. Alters the position of the Director of the Office of Management and Budget to that of the Deputy Chief Financial Officer. Implements such changes for a five-year period. Establishes the Virgin Islands Chief Financial Officer Search Commission to recommend at least three candidates for the Chief Financial Officer position. Terminates the Commission 210 days after its first meeting. Authorizes appropriations for the installation of a Financial Management System, including appropriate computer hardware and software, to the Government of the Virgin Islands. States that such system shall be available to the Chief Financial Officer, and five years after the date of enactment of this Act, to the Director of the Office of Management and Budget of the Virgin Islands. States that nothing in this Act shall be construed to permit the Governor and Legislature of the Virgin Islands to delegate or otherwise alter the powers and authority of the Office of Management and Budget established under the laws of the Virgin Islands.

To create the Office of Chief Financial Officer of the Government of the Virgin Islands.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Export Enhancement Act of 1999''.

SEC. 2. OPIC ISSUING AUTHORITY.

    Section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2195(a)(3)) is amended by striking ``1999'' and inserting ``2003''.

SEC. 3. IMPACT OF OPIC PROGRAMS.

    (a) Additional Requirements.--Section 231A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191a) is amended--
        (1) by redesignating subsection (b) as subsection (c);
        (2) by inserting after subsection (a) the following new
    subsection:
    ``(b) Environmental Impact.--The Board of Directors of the
Corporation shall not vote in favor of any action proposed to be taken
by the Corporation that is likely to have significant adverse
environmental impacts that are sensitive, diverse, or unprecedented,
unless for at least 60 days before the date of the vote--
        ``(1) an environmental impact assessment or initial
    environmental audit, analyzing the environmental impacts of the
    proposed action and of alternatives to the proposed action has been
    completed by the project applicant and made available to the Board
    of Directors; and
        ``(2) such assessment or audit has been made available to the
    public of the United States, locally affected groups in the host
    country, and host country nongovernmental organizations.''; and
        (3) in subsection (c), as so redesignated--
            (A) by inserting ``(1)'' before ``The Board''; and
            (B) by adding at the end the following:
    ``(2) In conjunction with each meeting of its Board of Directors,
the Corporation shall hold a public hearing in order to afford an
opportunity for any person to present views regarding the activities of
the Corporation. Such views shall be made part of the record.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect 90 days after the date of the enactment of this Act.

SEC. 4. BOARD OF DIRECTORS OF OPIC.

    Section 233(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2193(b)) is amended--
        (1) by striking the second and third sentences;
        (2) in the fourth sentence by striking ``(other than the
    President of the Corporation, appointed pursuant to subsection (c)
    who shall serve as a Director, ex officio)'';
        (3) in the second undesignated paragraph--
            (A) by inserting ``the President of the Corporation, the
        Administrator of the Agency for International Development, the
        United States Trade Representative, and'' after ``including'';
        and
            (B) by adding at the end the following: ``The United States
        Trade Representative may designate a Deputy United States Trade
        Representative to serve on the Board in place of the United
        States Trade Representative.''; and
        (4) by inserting after the second undesignated paragraph the
    following:
    ``There shall be a Chairman and a Vice Chairman of the Board, both
of whom shall be designated by the President of the United States from
among the Directors of the Board other than those appointed under the
second sentence of the first paragraph of this subsection.''.

SEC. 5. TRADE AND DEVELOPMENT AGENCY.

    (a) Purpose.--Section 661(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2421(a)) is amended by inserting before the period at the
end of the second sentence the following: ``, with special emphasis on
economic sectors with significant United States export potential, such
as energy, transportation, telecommunications, and environment''.
    (b) Contributions of Costs.--Section 661(b) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421(b)) is amended by adding at the
end the following:
        ``(5) Contributions to costs.--The Trade and Development Agency
    shall, to the maximum extent practicable, require corporations and
    other entities to--
            ``(A) share the costs of feasibility studies and other
        project planning services funded under this section; and
            ``(B) reimburse the Trade and Development Agency those
        funds provided under this section, if the corporation or entity
        concerned succeeds in project implementation.''.
    (c) Funding.--Section 661(f) of the Foreign Assistance Act of 1961
(22 U.S.C. 2421(f)) is amended--
        (1) in paragraph (1)(A) by striking ``$77,000,000'' and all
    that follows through ``1996'' and inserting ``$48,000,000 for
    fiscal year 2000 and such sums as may be necessary for each fiscal
    year thereafter''; and
        (2) in paragraph (2)(A), by striking ``in fiscal years'' and
    all that follows through ``provides'' and inserting ``in carrying
    out its program, provide, as appropriate, funds''.

SEC. 6. IMPLEMENTATION OF PRIMARY OBJECTIVES OF TPCC.

    The Trade Promotion Coordinating Committee shall--
        (1) report on the actions taken or efforts currently underway
    to eliminate the areas of overlap and duplication identified among
    Federal export promotion activities;
        (2) coordinate efforts to sponsor or promote any trade show or
    trade fair;
        (3) work with all relevant State and national organizations,
    including the National Governors' Association, that have
    established trade promotion offices;
        (4) report on actions taken or efforts currently underway to
    promote better coordination between State, Federal, and private
    sector export promotion activities, including co-location, cost
    sharing between Federal, State, and private sector export promotion
    programs, and sharing of market research data; and
        (5) by not later than March 30, 2000, and annually thereafter,
    include the matters addressed in paragraphs (1), (2), (3), and (4)
    in the annual report required to be submitted under section 2312(f)
    of the Export Enhancement Act of 1988 (15 U.S.C. 4727(f)).

SEC. 7. TIMING OF TPCC REPORTS.

    Section 2312(f) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(f)) is amended by striking ``September 30, 1995, and annually
thereafter,'' and inserting ``March 30 of each year,''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Revises certain OPIC requirements to prohibit the OPIC Board of Directors from voting in favor of any proposed action likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented, unless: (1) an environmental impact assessment or initial environmental audit has been completed by the project applicant and made available to the Board of Directors. And (2) such assessment or audit has been made available to the US public, locally affected groups in the host country, and host country nongovernmental organizations. Requires OPIC in conjunction with each Board of Directors' meeting to hold a public hearing in order to afford an opportunity for any person to present views regarding OPIC activities. Revises the composition of the OPIC Board of Directors. Revises the purposes of the Trade and Development Agency to include, with respect to the promotion of US private sector participation in development projects in developing and middle-income countries, special emphasis on economic sectors with significant US export potential, such as energy, transportation, telecommunications, and environment. Directs the Agency to require corporations and other entities to: (1) share the costs of feasibility studies and other project planning services. And (2) reimburse the Agency those funds it has provided, if the corporation or entity concerned succeeds in project implementation. Authorizes appropriations. Requires the Trade Promotion Coordinating Committee (TPCC) to: (1) report on actions taken to eliminate the areas of overlap and duplication identified among Federal export promotion activities. (2) coordinate efforts to sponsor or promote any trade show or trade fair. (3) work with all relevant State and national organizations, including the National Governors' Association, that have established trade promotion offices. And (4) report to Congress on actions taken to promote better coordination among State, Federal, and private sector export promotion activities. Amends the Export Enhancement Act of 1988 to change the deadline for TPCC annual reports from September 30 to March 30.

Export Enhancement Act of 1999