SECTION 1. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO RECIPIENTS
              OF SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME,
              RAILROAD RETIREMENT BENEFITS, AND VETERANS DISABILITY
              COMPENSATION OR PENSION BENEFITS.

    (a) Authority To Make Payments.--
            (1) Eligibility.--
                    (A) In general.--Subject to paragraph (5)(B), the
                Secretary of the Treasury shall disburse a one-time
                payment of the applicable amount to each individual
                who, for any month during the 3-month period ending
                with the month which ends prior to the month that
                includes the date of the enactment of this Act, is
                entitled to a benefit payment described in clause (i),
                (ii), or (iii) of subparagraph (D) or is eligible for a
                SSI cash benefit described in subparagraph (E).
                Payments shall be made under this section only if no
                increase takes effect with the month of December 2010
                under section 215(i) of the Social Security Act. In the
                case of an individual who is eligible for a payment
                under this subparagraph by reason of entitlement to a
                benefit described in subparagraph (D)(i), no such
                payment shall be made to such individual unless such
                individual was paid a benefit described in such
                subparagraph (D)(i) for any month in the 12-month
                period ending with the month which ends prior to the
                month that includes the date of the enactment of this
                Act.
                    (B) Applicable amount.--
                            (i) In general.--For purposes of
                        subparagraph (A), the applicable amount shall
                        be the percentage of such individual's monthly
                        benefit payment described in clause (i), (ii),
                        or (iii) of subparagraph (C) or SSI cash
                        benefit described in subparagraph (D) for the
                        month of December 2010 determined by
                        multiplying such benefit payment by 0.6.
                            (ii) Individual receiving more than 1
                        benefit.--In the case that an individual is
                        entitled to, or eligible for, more than 1
                        benefit payment described in clause (i), (ii),
                        or (iii) of subparagraph (C) or SSI cash
                        benefit described in subparagraph (D), such
                        individual's payment shall be determined using
                        such benefit payment that provides the greater
                        monthly benefit payment.
                    (C) Funding for appropriations to the general fund
                of the treasury.--In order to reimburse the general
                fund of the Treasury for payments made pursuant to
                subparagraph (A), the Director of the Office of
                Management and Budget shall redirect to the general
                fund of the Treasury any repayment of assistance
                provided under title I of the Emergency Economic
                Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) made
                by a financial institution (as defined in section 3(5)
                of such Act (12 U.S.C. 5202(5)) after the date of the
                enactment of this Act.
                    (D) Benefit payment described.--For purposes of
                subparagraph (A):
                            (i) Title ii benefit.--A benefit payment
                        described in this clause is a monthly insurance
                        benefit payable (without regard to sections
                        202(j)(1) and 223(b) of the Social Security Act
                        (42 U.S.C. 402(j)(1), 423(b)) under--
                                    (I) section 202(a) of such Act (42
                                U.S.C. 402(a));
                                    (II) section 202(b) of such Act (42
                                U.S.C. 402(b));
                                    (III) section 202(c) of such Act
                                (42 U.S.C. 402(c));
                                    (IV) section 202(d)(1)(B)(ii) of
                                such Act (42 U.S.C. 402(d)(1)(B)(ii));
                                    (V) section 202(e) of such Act (42
                                U.S.C. 402(e));
                                    (VI) section 202(f) of such Act (42
                                U.S.C. 402(f));
                                    (VII) section 202(g) of such Act
                                (42 U.S.C. 402(g));
                                    (VIII) section 202(h) of such Act
                                (42 U.S.C. 402(h));
                                    (IX) section 223(a) of such Act (42
                                U.S.C. 423(a));
                                    (X) section 227 of such Act (42
                                U.S.C. 427); or
                                    (XI) section 228 of such Act (42
                                U.S.C. 428).
                            (ii) Railroad retirement benefit.--A
                        benefit payment described in this clause is a
                        monthly annuity or pension payment payable
                        (without regard to section 5(a)(ii) of the
                        Railroad Retirement Act of 1974 (45 U.S.C.
                        231d(a)(ii))) under--
                                    (I) section 2(a)(1) of such Act (45
                                U.S.C. 231a(a)(1));
                                    (II) section 2(c) of such Act (45
                                U.S.C. 231a(c));
                                    (III) section 2(d)(1)(i) of such
                                Act (45 U.S.C. 231a(d)(1)(i));
                                    (IV) section 2(d)(1)(ii) of such
                                Act (45 U.S.C. 231a(d)(1)(ii));
                                    (V) section 2(d)(1)(iii)(C) of such
                                Act to an adult disabled child (45
                                U.S.C. 231a(d)(1)(iii)(C));
                                    (VI) section 2(d)(1)(iv) of such
                                Act (45 U.S.C. 231a(d)(1)(iv));
                                    (VII) section 2(d)(1)(v) of such
                                Act (45 U.S.C. 231a(d)(1)(v)); or
                                    (VIII) section 7(b)(2) of such Act
                                (45 U.S.C. 231f(b)(2)) with respect to
                                any of the benefit payments described
                                in clause (i) of this subparagraph.
                            (iii) Veterans benefit.--A benefit payment
                        described in this clause is a compensation or
                        pension payment payable under--
                                    (I) section 1110, 1117, 1121, 1131,
                                1141, or 1151 of title 38, United
                                States Code;
                                    (II) section 1310, 1312, 1313,
                                1315, 1316, or 1318 of title 38, United
                                States Code;
                                    (III) section 1513, 1521, 1533,
                                1536, 1537, 1541, 1542, or 1562 of
                                title 38, United States Code; or
                                    (IV) section 1805, 1815, or 1821 of
                                title 38, United States Code,
                        to a veteran, surviving spouse, child, or
                        parent as described in paragraph (2), (3),
                        (4)(A)(ii), or (5) of section 101, title 38,
                        United States Code, who received that benefit
                        during any month within the 3-month period
                        ending with the month which ends prior to the
                        month that includes the date of the enactment
                        of this Act.
                    (E) SSI cash benefit described.--A SSI cash benefit
                described in this subparagraph is a cash benefit
                payable under section 1611 (other than under subsection
                (e)(1)(B) of such section) or 1619(a) of the Social
                Security Act (42 U.S.C. 1382, 1382h).
            (2) Requirement.--A payment shall be made under paragraph
        (1) only to individuals who reside in 1 of the 50 States, the
        District of Columbia, Puerto Rico, Guam, the United States
        Virgin Islands, American Samoa, or the Northern Mariana
        Islands, or who are utilizing a foreign or domestic Army Post
        Office, Fleet Post Office, or Diplomatic Post Office address.
        For purposes of the preceding sentence, the determination of
        the individual's residence shall be based on the address of
        record, as of the date of certification under subsection (b)
        for a payment under this section under a program specified in
        paragraph (1).
            (3) No double payments.--An individual shall be paid only 1
        payment under this section, regardless of whether the
        individual is entitled to, or eligible for, more than 1 benefit
        or cash payment described in paragraph (1).
            (4) Limitation.--A payment under this section shall not be
        made (or, in the case of subparagraph (D), shall not be due)--
                    (A) in the case of an individual entitled to a
                benefit specified in paragraph (1)(D)(i) or paragraph
                (1)(D)(ii)(VIII) if--
                            (i) for the most recent month of such
                        individual's entitlement in the 3-month period
                        described in paragraph (1); or
                            (ii) for any month thereafter which is
                        before the month after the month of the
                        payment;
                such individual's benefit under such paragraph was not
                payable by reason of subsection (x) or (y) of section
                202 the Social Security Act (42 U.S.C. 402) or section
                1129A of such Act (42 U.S.C. 1320a-8a);
                    (B) in the case of an individual entitled to a
                benefit specified in paragraph (1)(D)(iii) if, for the
                most recent month of such individual's entitlement in
                the 3-month period described in paragraph (1), such
                individual's benefit under such paragraph was not
                payable, or was reduced, by reason of section 1505,
                5313, or 5313B of title 38, United States Code;
                    (C) in the case of an individual entitled to a
                benefit specified in paragraph (1)(E) if--
                            (i) for such most recent month of such
                        individual's eligibility in the 3-month period
                        described in paragraph (1); or
                            (ii) for any month thereafter which is
                        before the month after the month of the
                        payment;
                such individual's benefit under such paragraph was not
                payable by reason of subsection (e)(1)(A) or (e)(4) of
                section 1611 (42 U.S.C. 1382) or section 1129A of such
                Act (42 U.S.C. 1320a-8a); or
                    (D) in the case of any individual whose date of
                death occurs--
                            (i) before the date of the receipt of the
                        payment; or
                            (ii) in the case of a direct deposit,
                        before the date on which such payment is
                        deposited into such individual's account.
                In the case of any individual whose date of death
                occurs before a payment is negotiated (in the case of a
                check) or deposited (in the case of a direct deposit),
                such payment shall not be due and shall not be reissued
                to the estate of such individual or to any other
                person. Subparagraphs (A)(ii) and (C)(ii) shall apply
                only in the case of certifications under subsection (b)
                which are, or but for this paragraph would be, made
                after the date of the enactment of this Act, shall
                apply to such certifications without regard to the
                calendar year of the payments to which such
                certifications apply.
            (5) Timing and manner of payments.--
                    (A) In general.--The Secretary of the Treasury
                shall commence disbursing payments under this section
                at the earliest practicable date in 2011 prior to April
                1, 2011. The Secretary of the Treasury may disburse any
                payment electronically to an individual in such manner
                as if such payment was a benefit payment or cash
                benefit to such individual under the applicable program
                described in subparagraph (D) or (E) of paragraph (1).
                    (B) Deadline.--No payments shall be disbursed under
                this section after December 31, 2011, regardless of any
                determinations of entitlement to, or eligibility for,
                such payments made after such date.
    (b) Identification of Recipients.--The Commissioner of Social
Security, the Railroad Retirement Board, and the Secretary of Veterans
Affairs shall certify the individuals entitled to receive payments
under this section and provide the Secretary of the Treasury with the
information needed to disburse such payments. A certification of an
individual shall be unaffected by any subsequent determination or
redetermination of the individual's entitlement to, or eligibility for,
a benefit specified in subparagraph (D) or (E) of subsection (a)(1)
(except that such certification shall be affected by a determination
that an individual is an individual described in subparagraph (A), (B),
(C), or (D) of subsection (a)(4) during a period described in such
subparagraphs), and no individual shall be certified to receive a
payment under this section for a calendar year if such individual has
at any time been denied certification for such a payment for such
calendar year by reason of subparagraph (A)(ii) or (C)(ii) of
subsection (a)(4) (unless such individual is subsequently determined
not to have been an individual described in either such subparagraph at
the time of such denial).
    (c) Treatment of Payments.--
            (1) Payment to be disregarded for purposes of all federal
        and federally assisted programs.--A payment under subsection
        (a) shall not be regarded as income and shall not be regarded
        as a resource for the month of receipt and the following 9
        months, for purposes of determining the eligibility of the
        recipient (or the recipient's spouse or family) for benefits or
        assistance, or the amount or extent of benefits or assistance,
        under any Federal program or under any State or local program
        financed in whole or in part with Federal funds.
            (2) Payment not considered income for purposes of
        taxation.--A payment under subsection (a) shall not be
        considered as gross income for purposes of the Internal Revenue
        Code of 1986.
            (3) Payments protected from assignment.--The provisions of
        sections 207 and 1631(d)(1) of the Social Security Act (42
        U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad
        Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of
        title 38, United States Code, shall apply to any payment made
        under subsection (a) as if such payment was a benefit payment
        or cash benefit to such individual under the applicable program
        described in subparagraph (D) or (E) of subsection (a)(1).
            (4) Payments subject to offset.--Notwithstanding paragraph
        (3)--
                    (A) any payment made under this section shall, in
                the case of a payment of a direct deposit which is made
                after the date of the enactment of this Act, be subject
                to the reclamation provisions under subpart B of part
                210 of title 31, Code of Federal Regulations (relating
                to reclamation of benefit payments); and
                    (B) any payment made under this section shall not,
                for purposes of section 3716 of title 31, United States
                Code, be considered a benefit payment or cash benefit
                made under the applicable program described in
                subparagraph (D) or (E) of subsection (a)(1), and all
                amounts paid shall be subject to offset to collect
                delinquent debts.
    (d) Payment to Representative Payees and Fiduciaries.--
            (1) In general.--In any case in which an individual who is
        entitled to a payment under subsection (a) and whose benefit
        payment or cash benefit described in paragraph (1) of that
        subsection is paid to a representative payee or fiduciary, the
        payment under subsection (a) shall be made to the individual's
        representative payee or fiduciary and the entire payment shall
        be used only for the benefit of the individual who is entitled
        to the payment.
            (2) Applicability.--
                    (A) Payment on the basis of a title ii or ssi
                benefit.--Section 1129(a)(3) of the Social Security Act
                (42 U.S.C. 1320a-8(a)(3)) shall apply to any payment
                made on the basis of an entitlement to a benefit
                specified in paragraph (1)(D)(i) or (1)(E) of
                subsection (a) in the same manner as such section
                applies to a payment under title II or XVI of such Act.
                    (B) Payment on the basis of a railroad retirement
                benefit.--Section 13 of the Railroad Retirement Act (45
                U.S.C. 231l) shall apply to any payment made on the
                basis of an entitlement to a benefit specified in
                paragraph (1)(D)(ii) of subsection (a) in the same
                manner as such section applies to a payment under such
                Act.
                    (C) Payment on the basis of a veterans benefit.--
                Sections 5502, 6106, and 6108 of title 38, United
                States Code, shall apply to any payment made on the
                basis of an entitlement to a benefit specified in
                paragraph (1)(D)(iii) of subsection (a) in the same
                manner as those sections apply to a payment under that
                title.

Summary: Directs the Secretary of the Treasury to disburse a one-time payment equal to 60 sic of the total annual amount of their benefits under Social Security, SSI , the railroad retirement benefits program, and the veterans disability compensation or pension benefits program to recipients of such benefits if no cost-of-living adjustment is payable in 2011.

To ensure that individuals who receive Social Security or certain other Federal benefits receive a one-time payment equal to 5 percent of the total annual amount of such benefit in the event that no cost-of-living adjustment is payable in 2011.


SECTION 1. SHORT TITLE.

    This Act may be cited at the ``Clean Air and Water Preservation Act
of 2001''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) The oxygenate requirement of the reformulated gasoline
        (``RFG'') program has proven effective in reducing emissions of
        exhaust hydrocarbons, nitrous oxide and carbon monoxide, known
        precursors to smog.
            (2) One oxygenate chosen by gasoline refiners to comply
        with the Clean Air Act regulations, methyl tertiary butyl ether
        (``MTBE''), has been discovered in water sources throughout the
        nation.
            (3) MTBE renders water undrinkable and is considered a
        probable carcinogen by the Environmental Protection Agency.
            (4) MTBE is highly soluble in water and slow to degrade.
        Only one gallon of MTBE is required to contaminate 26 million
        gallons of water.
            (5) An alternative oxygenate, ethanol, is a biobased
        product which produces the same reductions in emissions, is not
        as soluble in water, biodegrades rapidly, and is considered
        safe for the environment.
            (6) The oxygenate requirement of the RFG program requires 2
        percent by weight of an oxygenate be added to gasoline. Ethanol
        contains approximately twice as much as oxygen as MTBE,
        therefore supplying the RFG program with sufficient ethanol to
        replace MTBE would require half the volume of MTBE currently
        used.
            (7) The ethanol industry is expanding rapidly. Production
        capacity in 1998 was estimated at 1.8 billion gallons. New
        production facilities that came on line in 1999 has greatly
        increased this capacity.
            (8) The Department of Agriculture projects the domestic
        ethanol industry will be able to produce the approximately 3.1
        billion gallons of ethanol necessary to replace MTBE by 2004.
            (9) The U.S. Department of Agriculture estimates that
        replacing MTBE with ethanol will (A) increase the demand for
        corn for ethanol by more than 500 million bushels each year,
        improving the price of corn by 14 cents per bushel each year
        and increasing average total farm cash receipts by $1 billion
        each year; (B) create 13,000 new jobs; and (C) increase average
        US agricultural net export value by more than $200 million and
        reduce US import value of MTBE by $1.1 billion for an improved
        US trade balance of $1.3 billion each year.
            (10) Ethanol is an energy efficient fuel. A 1995 report by
        the USDA estimated one gallon of ethanol provides 25 percent
        more energy than production requires. Other studies show the
        net energy gain potential of ethanol could exceed 150 percent
        when state-of-the-art agricultural and production technologies
        are used.
            (11) Ethanol is proven to enhance the performance of
        automobiles. Currently, all vehicle manufacturers approve the
        use of 10 percent ethanol blended fuels.
            (12) Replacing MTBE with ethanol would maintain the
        emissions reductions obtained through the RFG program without
        the water contamination problems associated with MTBE.
            (13) When implementing the Clean Air Act Amendments of
        1990, the Environmental Protection Agency required, by
        regulation, that each gallon of gasoline sold in the RFG
        program contain a minimum of 1.5 percent by weight of
        oxygenate. This was not the intent of Congress in passing the
        oxygenate requirement and prohibits the most efficient use of
        oxygenates. Lifting this regulatory requirement will provide
        refiners more flexibility for complying with the RFG program
        and provide high performance gasoline year-round.
            (14) Providing such flexibility in the use of oxygenates
        could lead to an increase in the use of aromatics, many of
        which are known carcinogens. Therefore, a limit on the amount
        of aromatics added to gasoline is necessary to protect public
        health.
            (15) Providing such flexibility in the use of oxygenates
        could lead to an increase in emissions. Therefore, a
        prohibition against an increase in emissions above the level
        achieved by RFG gasoline is necessary to protect air quality.

SEC. 3. USE OF MTBE AS A FUEL ADDITIVE.

    (a) MTBE Ban.--Section 211(c) of the Clean Air Act (42 U.S.C.
7545(c)) is amended by adding at the end of paragraph (1) the
following: ``The regulations under this paragraph shall prohibit the
use of methyl tertiary butyl ether (MTBE) as a fuel additive.''.
    (b) Regulations.--The Administrator of the Environmental Protection
Agency shall amend the regulations under section 211(c)(1) of the Clean
Air Act as promptly as practicable after the date of enactment of this
Act to conform to the amendment made by subsection (a) of this section.
    (c) Effective Date.--Subsection (a) of this section shall take
effect upon the expiration of the three-year period beginning on the
date of the enactment of this Act.
    (d) Labeling.--During the period beginning on the date of enactment
of this Act and ending three years from the date of enactment, the
Administrator of the Environmental Protection Agency shall require any
person selling gasoline that contains methyl tertiary butyl ether at
retail to prominently label the fuel dispensing system for the gasoline
with a notice that the gasoline contains methyl tertiary butyl ether
(`MTBE').

SEC. 4. EXISTING MTBE WATER CONTAMINATION.

    (a) State Source Water Assessment Programs.--Section 1453(a) of the
Safe Drinking Water Act is amended by adding the following at the end
thereof:
            ``(8) MTBE Contamination.--The Administrator shall amend
        the guidelines under this subsection to require that State
        source water assessment programs be revised to prioritize
        groundwater areas and aquifers that have been contaminated, or
        are most vulnerable to contamination, by methyl tertiary butyl
        ether (`MTBE'). Each such revision shall be submitted and
        approved or disapproved by the Administrator in accordance with
        the same deadlines as applicable to the original program under
        paragraph (3).''.
    (b) EPA Cleanup Guidelines.--Section 1442 of the Safe Drinking
Water Act is amended by adding the following at the end thereof:
    ``(f) Cleanup Guidelines for MTBE.--The Administrator shall develop
a clear set of technical guidelines to assist States in the
investigation and cleanup of methyl tertiary butyl ether (`MTBE') in
groundwater.''.

SEC. 5. ALLOWING FOR OXYGEN AVERAGING WITHIN THE RFG PROGRAM.

    (a) Amendment of Clean Air Act.--Subparagraph (B) of section
211(k)(2) of the Clean Air Act and clause (v) of subparagraph (A) of
section 211(k)(3) of such Act are each amended by inserting ``an
average of'' before ``2.0 percent''.
    (b) Regulation Invalidated.--The provisions of section 80.41(b) of
part 80 of title 40 of the Code of Federal Regulations establishing a
per-gallon minimum oxygen content (percent, by weight) shall cease to
have any force and effect on the date of the enactment of this Act.

SEC. 6. ANTI-BACKSLIDING.

    (a) Ozone Forming Potential.--Section 211(k)(1) of the Clean Air
Act is amended by adding the following at the end thereof: ``No later
than June 1, 2001, the Administrator shall revise the regulations under
this paragraph as necessary to ensure that the ozone forming potential,
taking into account all ozone precursors (including volatile organic
compounds, oxides of nitrogen, and carbon monoxide), of the aggregate
emissions during the high ozone season (as defined by the
Administrator) from baseline vehicles when using reformulated gasoline
does not exceed the ozone forming potential of the aggregate emissions
from such vehicles when using reformulated gasoline that complies with
the regulations that were in effect on January 1, 2000, and applicable
to reformulated gasoline sold in calendar year 2000 and thereafter.''.
    (b) Aromatic Hydrocarbon Content.--Section 211(k)(2) of the Clean
Air Act is amended by adding the following new subparagraph at the end
thereof:
                    ``(E) Aromatic hydrocarbon content.--The aromatic
                hydrocarbon content of the gasoline shall be not
                greater than the average aromatic hydrocarbon content
                of reformulated gasoline sold in covered areas for use
                in such vehicles during the year 2000.''.

SEC. 7. DEVELOPING OXYGENATE ALTERNATIVES TO MTBE.

    The Secretary of Energy and the Administrator of the Environmental
Protection Agency shall evaluate by December 31, 2001 and report to the
President and the Congress on the potential for development of
oxygenate alternatives to methyl tertiary butyl ether (``MTBE'') not
otherwise identified in this Act, and shall evaluate what steps, if
any, would be appropriate to foster development of such alternatives
should they be found to be an acceptable substitute for MTBE.

SEC. 8. TRANSITION TO ETHANOL.

    It is the Sense of the Congress that the United States should
promote renewable ethanol to replace methyl tertiary butyl ether
(``MTBE'') and encourage oil refiners to make the transition from MTBE-
blended fuel to ethanol-blended fuel as soon as possible.

Summary: Clean Air and Water Preservation Act of 2001 - Amends the Clean Air Act to prohibit the use of methyl tertiary butyl ether (MTBE) as a fuel additive. Makes such prohibition effective three years after this Act's enactment date. Amends the Safe Drinking Water Act to require the Administrator to amend certain guidelines to require State source water assessment programs to be revised to prioritize groundwater areas and aquifers that have been contaminated, or are most vulnerable to contamination, by MTBE. Revises the oxygen content requirement for reformulated gasoline under the Clean Air Act to require the oxygen content to equal or exceed an average of two percent by weight . Invalidates Federal regulations that establish a per-gallon minimum oxygen content . Limits the hydrocarbon content of reformulated gasoline to the average content of such gasoline sold in covered nonattainment areas during the year 2000. Expresses the sense of Congress that the United States should promote renewable ethanol to replace MTBE and encourage oil refiners to make the transition from MTBE-blended fuel to ethanol-blended fuel as soon as possible.

To amend section 211 of the Clean Air Act to prohibit the use of MTBE, to provide flexibility within the oxygenate requirement of the Environmental Protection Agency's Reformulated Gasoline Program, to promote the use of renewable ethanol, and for other purposes.


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Opal Creek Forest
Preserve Act of 1994''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Opal Creek Forest Preserve.
Sec. 5. Administration of the Preserve.
Sec. 6. Prohibitions regarding the management of the Preserve.
Sec. 7. Access to and acquisition of non-Federal land.
Sec. 8. Authority of the Secretary and responsible parties to conduct
                            environmental response actions or pursue
                            liability.
Sec. 9. Grandfather clause.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) Old-growth forests are unique ecosystems that serve as
        critical habitat for hundreds of vertebrate and invertebrate
        animals, plants, and fungi.
            (2) Old-growth forests provide clean and plentiful water
        and support streams and rivers containing runs of anadromous
        and resident cold water fish, which are wholly dependent on
        high quantity and quality water for migration, spawning,
        rearing, and cover.
            (3) The high quantity and quality of water in streams and
        rivers in old-growth forests can only be maintained by
        protecting the watersheds of these streams and rivers.
            (4) Old-growth forests provide unique and outstanding
        opportunities for educational study, scientific research, and
        recreation.
            (5) The establishment of a watershed and forest preserve to
        protect areas of old-growth forests and surface waters can
        contribute significantly to the quality of life for the
        residents of the State of Oregon through education, recreation,
        and a protected water supply.
            (6) The area known as the Opal Creek Forest, located on the
        upper Little North Fork of the Santiam River in the State of
        Oregon, contains one of the largest remaining intact old-growth
        forest ecosystems in the Western Oregon Cascades. Although the
        landscape mosaic in the Opal Creek Forest may reflect some past
        logging, young stands of trees in the area mainly owe their
        existence to natural disturbances, chiefly wildfire.
            (7) The Opal Creek Forest contains outstanding geological
        and botanical features and contains attributes of historic and
        prehistoric importance.
            (8) The recreational use of the Opal Creek Forest,
        typically in the form of hiking, sightseeing, and the general
        enjoyment of the outdoor environment, is significant and likely
        to increase.
            (9) It is desirable to limit the human-related disturbances
        and development of the Opal Creek Forest in order to protect
        fully the special features of the forest and maintain the full
        potential of its watershed for scientific, educational, and
        research purposes.
            (10) Preservation of the Opal Creek Forest provides
        outstanding opportunities for scientists to conduct research
        regarding old-growth forests and for educators to provide
        scientifically credible information to the public.
    (b) Purposes.--The purposes of this Act are--
            (1) to protect and preserve the forests and watersheds
        contained in the Opal Creek Forest Preserve;
            (2) consistent with paragraph (1), to promote and conduct--
                    (A) research in the Preserve regarding old-growth
                forests in a manner that does not include the
                harvesting of timber or otherwise damage the ecosystem;
                and
                    (B) educational programs in the Preserve on old-
                growth forests and cultural and historic resources in
                the Preserve; and
            (3) consistent with paragraphs (1) and (2), to permit and
        regulate recreation in the Preserve.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Preserve.--The term ``Preserve'' means the Opal Creek
        Forest Preserve established in section 4(a).
            (2) Management plan.--The term ``management plan'' means
        the management plan for the Preserve developed pursuant to
        section 5(b).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.

SEC. 4. OPAL CREEK FOREST PRESERVE.

    (a) Establishment of Preserve.--There is hereby established the
Opal Creek Forest Preserve in order to protect and preserve the forests
and watersheds in the Preserve and to promote the research,
educational, and recreational purposes of this Act.
    (b) Description of Preserve.--The Preserve shall consist of those
Federal lands located in the Willamette and Mt. Hood National Forests
in the State of Oregon that are generally depicted on the map dated
August 1994, and entitled the ``Opal Creek Preserve Area''. The
Preserve shall also include such lands as may be added under section 7
of this Act. The map referred to in this subsection shall be kept on
file and made available for public inspection in the Office of the
Chief of the Forest Service, United States Department of Agriculture.

SEC. 5. ADMINISTRATION OF THE PRESERVE.

    (a) In General.--The Secretary shall administer the Preserve in
accordance with this Act and with the laws, rules, and regulations
applicable to National Forest System lands in a manner that will
further the purposes of this Act.
    (b) Management Plan.--The Secretary shall prepare a comprehensive
management plan for the Preserve to achieve the purposes of this Act.
The management plan shall be considered to be a nonsignificant
amendment to the Willamette and Mt. Hood Forest Land and Resource
Management Plans. The management plan shall be prepared with public
involvement which shall include consultation with interested
individuals and organizations. The Secretary may enter into memoranda
of understanding with interested parties to accomplish the purposes of
this Act. The management plan shall include analysis and direction on
the use of campfires within the Preserve.
    (c) Protection of Cultural and Historic Resources.--Not later than
one year after the date of the enactment of this Act, the Secretary
shall review and revise the inventory of the cultural and historic
resources in the area covered by the Preserve, which was originally
developed pursuant to the Oregon Wilderness Act of 1984 (Public Law 98-
328; 16 U.S.C. 1131 note). The Secretary shall submit a report to
Congress describing the results of the review of such inventory.
    (d) Applicability of Mining, Mineral Leasing, and Disposal Laws.--
            (1) Restriction.--After the date of the enactment of this
        Act--
                    (A) lands within the Preserve shall not be open to
                the location of mining claims and mill and tunnel sites
                under the general mining laws of the United States;
                    (B) the Secretary shall not issue any lease under
                the Mineral Leasing Act (30 U.S.C. 181 and following)
                or the Geothermal Steam Act of 1970 (30 U.S.C. 100 and
                following) for lands within the Preserve; and
                    (C) lands within the Preserve shall not be
                available for disposal of mineral materials under the
                Act of July 31, 1947, commonly known as the Materials
                Act of 1947 (30 U.S.C. 601 and following).
            (2) Acquired lands.--The restriction provided by paragraph
        (1) shall also apply to any Federal lands added to the Preserve
        after the date of the enactment of this Act, except that the
        restriction shall apply to such lands only upon addition to the
        Preserve.
    (e) Private Inholdings.--The Secretary may cooperate with, and
provide technical assistance to, private landowners, organizations, and
other entities holding private lands within the boundaries of the
Preserve to promote the use and management of such lands in a manner
consistent with the purposes of this Act.

SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF THE PRESERVE.

    (a) Prohibition on Logging or Other Timber Harvesting.--
            (1) Prohibition.--Except as provided in paragraph (2), the
        cutting of trees in the Preserve is prohibited.
            (2) Exceptions.--The prohibition contained in paragraph (1)
        shall not apply to the extent that the Secretary determines
        that the cutting of specific trees in the Preserve is
        necessary--
                    (A) for public safety, such as to control the
                spread of a forest fire in the Preserve or on lands
                adjacent to the Preserve; or
                    (B) for administrative use related to activities
                permitted in the Preserve.
            (3) Limitation on exception.--The cutting of trees
        authorized under paragraph (2) may not include salvage sales or
        harvests of commercial quantities of timber in the Preserve.
            (4) Collection of downed wood.--The collection of downed
        wood for firewood by permit may be allowed in a manner
        consistent with the purposes of this Act.
    (b) Prohibition on Off Road Motorized Travel.--
            (1) Prohibition.--Except as provided in paragraph (2) and
        subject to valid existing rights, the use of motor vehicles off
        or outside of the established roadbed of roads in the Preserve
        is prohibited.
            (2) Exception.--The prohibition contained in paragraph (1)
        shall not apply to the extent that the Secretary determines
        that the use of a motor vehicle off or outside of the
        established roadbed of a road in the Preserve is necessary for
        administrative purposes or to respond to an emergency.
    (c) Prohibition on Use of Certain Roads.--
            (1) Prohibition.--Except as provided in paragraph (2) and
        subject to valid existing rights, the use of motor vehicles is
        prohibited on the following roads located in the Preserve:
                    (A) Forest road 2209 from the gate in existence on
                the date of the enactment of this Act eastward to the
                intersection of the road with the wilderness boundary.
                    (B) Forest roads 290 and 330, which are spur roads
                to the road described in subparagraph (A).
            (2) Exceptions.--The prohibition contained in paragraph (1)
        shall not apply to the extent that the Secretary determines
        that the use of the roads described in such paragraph is
        necessary for administrative purposes or to respond to an
        emergency.
            (3) Rule of construction.--Nothing in this subsection shall
        be construed to prohibit inholders and claim holders of valid
        mining claims from using the roads described in paragraph (1)
        for ingress and egress to their inholdings or valid mining
        claims, subject to such reasonable terms and conditions,
        consistent with the purposes of this Act, as the Secretary may
        prescribe. Nothing in this subsection shall be construed to
        prohibit motor vehicle traffic on other roads established in
        the Preserve, in particular those forest roads providing access
        for claim holders of valid mining claims for the use of lands
        in the Preserve or within the Cedar Creek watershed within two
        miles outside of the boundaries of the Preserve.
    (d) Prohibition on Road Construction.--
            (1) Prohibition.--Except as provided in paragraph (2) and
        subsection (e), and subject to valid existing rights, the
        construction of new roads is prohibited in the Preserve.
            (2) Exceptions.--The prohibition contained in paragraph (1)
        shall not apply to the extent that the Secretary determines
        that the construction of new roads, or the improvement of
        existing roads, in the Preserve is necessary to accomplish the
        purposes of this Act or to provide access to inholdings or for
        claim holders of valid mining claims for the use of lands in
        the Preserve or within the Cedar Creek watershed within two
        miles outside of the boundaries of the Preserve. The Secretary
        may maintain or improve roads in the Preserve to the extent the
        Secretary determines that such maintenance or improvements are
        necessary to accomplish the purposes of this Act, to provide
        for the protection of the natural resources of the Preserve, to
        provide for public safety, or to ensure access for inholders
        and claims holders of valid mining claims for the use of lands
        in the Preserve or within the Cedar Creek watershed within two
        miles outside of the boundaries of the Preserve.
            (3) Limitation on exception.--The construction or
        improvement of roads in the Preserve pursuant to paragraph (2)
        or subsection (e) may not include paving or any work beyond 50
        feet on either side of the centerline of the road bed.
    (e) Utilities and Accompanying Road.--In compliance with applicable
laws and the Willamette National Forest Land and Resource Management
Plan, the Secretary may allow the installation and maintenance of power
lines and water lines (and an accompanying service road) through the
Preserve to serve authorized activities conducted on land within the
Cedar Creek watershed within two miles outside of the boundaries of the
Preserve.

SEC. 7. ACCESS TO AND ACQUISITION OF NON-FEDERAL LAND.

    (a) Inventory and Acquisition of Non-Federal Lands.--The Secretary
shall conduct an inventory of all non-Federal lands and interests in
lands within the boundaries of the Preserve. The Secretary may acquire
such inventoried lands (or interests in such lands) for inclusion in
the Preserve. The Secretary may not acquire, for inclusion in the
Preserve, any lands or interests in lands within the boundaries of the
Preserve without the consent of the owner, unless the Secretary
determines that the land is being developed or managed (or is proposed
to be developed or managed) in a manner inconsistent with the purposes
of this Act. Nothing in this Act may be construed to prevent the
Secretary from increasing the size of the Preserve.
    (b) Special Rule for Santiam No. 1 Lode Mining Claim.--
Notwithstanding subsection (a), the parcel of real property located
within the boundaries of the Preserve that is known as the Santiam No.
1 lode mining claim and identified in section 8140 of the Department of
Defense Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1213),
may be acquired by the Secretary only--
            (1) by purchase for an amount equal to not more than the
        sum of--
                    (A) the amount that the original patentee of the
                parcel paid for the parcel; and
                    (B) the cost of any improvements made to the parcel
                by the patentee; or
            (2) by donation.
    (c) Rights-of-Way.--Nothing in this section shall be construed to
affect the authority of the Secretary to acquire road and trail rights-
of-way on lands in the Preserve under existing authorities.
    (d) Access and Utilities to Inholdings.--
            (1) In general.--In the case of private inholdings located
        within the boundaries of the Preserve, the Secretary shall
        authorize the use of Federal land in the Preserve by the holder
        of the inholding to assure adequate access to the inholding
        under applicable law.
            (2) Jawbone flats.--With respect to the inholding known as
        the Jawbone Flats area, the Secretary shall authorize the use
        of Federal land in the Preserve by the owners of the inholding
        to provide for access and utilities for a facility in the
        inholding if the Secretary determines that the facility (and
        use of the facility) is consistent with the purposes of this
        Act.
            (3) Terms and conditions.--The use of Federal land in the
        Preserve under this subsection shall be subject to such
        reasonable terms and conditions, consistent with the purposes
        of this Act, as the Secretary may prescribe.

SEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE PARTIES TO CONDUCT
              ENVIRONMENTAL RESPONSE ACTIONS OR PURSUE LIABILITY.

    (a) Remediation Activities.--Nothing in this Act shall be construed
to limit the authority of the Secretary or a responsible party to
conduct environmental remediation activities in the Preserve in
connection with the release, threatened release, or clean up of any
hazardous substance or pollutant or contaminant, including response
actions conducted pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
    (b) Liability.--Nothing in this Act shall be construed to limit the
authority of the Secretary or a responsible party to address questions
of liability related to the release, threatened release, or clean up of
any hazardous substance or pollutant or contaminant in the Preserve.

SEC. 9. GRANDFATHER CLAUSE.

    Nothing in this Act shall be construed to affect the operation of
any timber sale contract entered into, or interfere with any activity
for which a special use permit has been issued (and not revoked),
before the date of the enactment of this Act, subject to the terms of
the contract or permit.

            Passed the House of Representatives August 8, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

Summary: Opal Creek Forest Preserve Act of 1994 - Establishes the Opal Creek Forest Preserve consisting of Federal lands in the Willamette and Mt. Hood National Forests, Oregon. Directs the Secretary of Agriculture to prepare a Preserve management plan. Prohibits, with specified exceptions: (1) mining, mineral, and geothermal leasing or dispositions, (2) logging or other timber harvesting, (3) off road motorized travel. And (4) road construction and the use of specified existing roads. Authorizes the Secretary to acquire private lands within the Preserve.

Opal Creek Forest Preserve Act of 1994


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arsenic-Treated Wood Prohibition
Act''.

SEC. 2. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED WOOD; AMENDMENT
              TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT.

    (a) In General.--The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a et seq.) is amended--
            (1) by redesignating sections 33 and 34 as sections 34 and
        35, respectively; and
            (2) by inserting after section 32 the following:

``SEC. 33. PROHIBITION AGAINST USE OF ARSENIC-TREATED WOOD TO
              MANUFACTURE CERTAIN PRODUCTS OR STRUCTURES.

    ``(a) In General.--Notwithstanding any other provision of law, not
later than 90 days after the date of the enactment of this section, the
Administrator shall promulgate regulations that prohibit--
            ``(1) the use of arsenic-treated wood to manufacture any
        product or structure that may be used for or by children,
        including--
                    ``(A) playground equipment, play houses, or other
                structures designed for frequent use specifically by
                children;
                    ``(B) fences;
                    ``(C) walkways;
                    ``(D) decks;
                    ``(E) docks and boat houses; and
                    ``(F) structures or products used in residential
                landscaping;
            ``(2) the use of arsenic-treated wood to manufacture mulch,
        compost, or soil-amendment products;
            ``(3) the use of arsenic-treated wood to manufacture
        railroad ties, marine pilings, or utility poles, except that
        this subsection does not apply to such a product or structure
        to the extent that the Administrator determines that the use of
        arsenic-treated wood in the product or structure is safe; and
            ``(4) such additional uses of arsenic-treated wood to
        manufacture products or structures as the Administrator
        determines to be appropriate, whether such products or
        structures are intended for residential use or commercial use.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Arsenic-treated wood.--The term `arsenic-treated
        wood' means wood that is treated with a pesticide that is a
        chromated copper arsenical or is treated with any other
        arsenical pesticide.
            ``(2) Manufacture.--The term `manufacture', with respect to
        the use of arsenic-treated wood in products and structures
        described in subsection (a), includes--
                    ``(A) the creation of a product designed to be
                assembled by a consumer; and
                    ``(B) the building of a product on behalf of a
                consumer in accordance with specifications given by the
                consumer.''.
    (b) Risk Assessment.--
            (1) In general.--Not later than March 15, 2004, the
        Administrator, in consultation with the Consumer Products
        Safety Commission, shall publish in the Federal Register an
        assessment of the risks posed by the production, cutting,
        milling, sanding, mulching, and use of CCA-treated wood.
            (2) Methodology.--In conducting the risk assessment, the
        Administrator shall follow the methodology recommended by the
        Scientific Advisory Panels that were organized by the
        Environmental Protection Agency and that met in October 2001.
            (3) Definitions.--For purposes of this subsection:
                    (A) The term ``Administrator'' means the
                Administrator of the Environmental Protection Agency.
                    (B) The term ``CCA-treated wood'' means wood that
                is treated with a pesticide that is a chromated copper
                arsenical.
    (c) Conforming Amendment.--The table of contents in section 1(b) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec.
121) is amended by striking the items relating to sections 30 and 31
and inserting the following:

``Sec. 30. Minimum requirements for training of maintenance applicators
                            and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
        ``(a) In general.
        ``(b)(1) Minor use pesticide data.
            ``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Prohibition of certain uses of arsenic-treated lumber.
        ``(a) In general.
        ``(b) Definitions.
            ``(1) Arsenic-treated wood.
            ``(2) Manufacture.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''.

SEC. 3. DISPOSAL OF ARSENIC-TREATED WOOD; AMENDMENT TO SOLID WASTE
              DISPOSAL ACT.

    Section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e))
is amended by adding at the end the following:
    ``(3)(A) Discarded arsenic-treated wood and sawdust from such wood
shall be deemed, for purposes of this Act, to be a listed hazardous
waste under subsection (b)(1) and shall be disposed of in a lined
landfill with a leachate collection system and groundwater monitoring
system (or such other system as the Administrator determines is
appropriate to capture arsenic and prevent arsenic from contaminating
groundwater).
    ``(B) As used in subparagraph (A):
            ``(i) The term `arsenic-treated wood' means wood that is
        treated with a pesticide that is a chromated copper arsenical
        or is treated with any other arsenical pesticide.
            ``(ii) The term `pesticide' has the meaning given such term
        in section 2 of the Federal Insecticide, Fungicide, and
        Rodenticide Act (7 U.S.C. 136).''.

SEC. 4. ASSISTANCE TO CONSUMERS, STATE AND LOCAL GOVERNMENTS, AND
              SCHOOL SYSTEMS.

    (a) Educational Program.--Not later than 180 days after the date of
the enactment of this Act, the Administrator, in consultation with the
Consumer Product Safety Commission, shall develop and conduct an
educational program to assist consumers, State and local governments,
school systems, and other institutions in--
            (1) testing arsenic levels in arsenic-treated wood and soil
        surrounding arsenic-treated wood;
            (2) making decisions relating to the containment and
        removal of arsenic-treated wood from homes, playgrounds,
        schools, and other facilities designed primarily for use by
        children; and
            (3) providing guidance regarding the decontamination of
        soils, mulches, and other media under structures made of
        arsenic-treated wood where children or pets may be exposed to
        arsenic.
    (b) Assistance for Schools.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Administrator shall establish a
        pilot program to provide grants and technical assistance to
        school systems to assist the school systems in--
                    (A) removing playground and other equipment
                containing arsenic-treated wood from grounds of the
                school systems;
                    (B) applying sealant to arsenic-treated wood
                structures; and
                    (C) conducting any necessary remediation relating
                to use of arsenic-treated wood.
            (2) Certain uses of grant.--The Administrator may authorize
        a grant under paragraph (1) to be used for the purpose of
        replacing playground equipment and related items that are
        removed because the equipment or items contain arsenic-treated
        wood. With respect to any portion of a grant under such
        paragraph that is authorized to be used for such purpose, the
        Administrator may require that the applicant involved make non-
        Federal contributions toward the cost of replacing the
        equipment or items.
    (c) Definitions.--In this section:
            (1) The term ``Administrator'' means the Administrator of
        the Environmental Protection Agency.
            (2) The term ``arsenic-treated wood'' means wood that is
        treated with a pesticide that is a chromated copper arsenical
        or is treated with any other arsenical pesticide.
            (3) The term ``pesticide'' has the meaning given such term
        in section 2 of the Federal Insecticide, Fungicide, and
        Rodenticide Act (7 U.S.C. 136).
    (d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for fiscal year 2004 and each subsequent fiscal year.

SEC. 5. CONSUMER PRODUCT SAFETY COMMISSION; REPORT ON MITIGATION
              MEASURES REGARDING CHILDREN AND ARSENIC-TREATED WOOD.

    Not later than August 1, 2004, the Consumer Product Safety
Commission shall submit to the Congress a report on the status of the
efforts of the Commission to identify stains, sealants, or other
measures for reducing the exposure of children to arsenic from products
or structures that--
            (1) are constructed in whole or part with arsenic-treated
        wood, as defined in section 33 of the Federal Insecticide,
        Fungicide, and Rodenticide Act, as added by section 2 of this
        Act;
            (2) may be used for or by children; and
            (3) will remain in use after the effective date of the
        prohibition established in regulations under such section 33.

Summary: Arsenic-Treated Wood Prohibition Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require the Administrator of the Environmental Protection Agency to promulgate regulations prohibiting the use of arsenic-treated wood in the manufacture of any product that may be used for or by children or for mulch, compost, a soil amendment, certain other construction and utility uses, and additional uses as determined to be appropriate. Requires the Administrator to conduct an assessment of the risks posed by the production, processing, and use of CCA-treated wood . Amends the Solid Waste Disposal Act to: (1) list arsenic-treated wood as a hazardous waste. And (2) require disposal of discarded arsenic-treated wood in a lined landfill with a leachate system and groundwater monitoring system. Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in testing arsenic levels and making decisions concerning arsenic-treated wood containment, removal, and decontamination. And (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing arsenic-treated wood and remediation activities. Requires the Consumer Product Safety Commission to report to Congress on its efforts to identify measures for reducing children's exposure to arsenic from products or structures constructed with arsenic-treated wood that will remain in use after the prohibition established by this Act.

To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Solid Waste Disposal Act to establish prohibitions and requirements relating to arsenic-treated wood, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Motor Vehicle Owners' Right to
Repair Act of 2005''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The ability to diagnose, service, and repair a motor
        vehicle in a timely, reliable, and affordable manner is
        essential to the safety and well-being of automotive consumers
        in the United States.
            (2) Consumers are entitled to choose among competing repair
        facilities for the convenient, reliable, and affordable repair
        of their motor vehicles.
            (3) Increased competition among repair facilities will
        benefit vehicle owners in the United States.
            (4) Computers of various kinds are increasingly being used
        in motor vehicle systems, such as pollution control,
        transmission, anti-lock brakes, electronic and mechanical
        systems, heating and air-conditioning, mobile electronics,
        airbags, and steering.
            (5) The diagnosis, service, and repair of these vehicle
        systems are essential to the safety and proper operation of
        modern motor vehicles.
            (6) In many instances, access codes prevent owners from
        making, or having made, the necessary diagnosis, service, and
        repair of their motor vehicles in a timely, convenient,
        reliable, and affordable manner.
            (7) Automobile manufacturers have restricted access to the
        information motor vehicle owners need in order to diagnose,
        service, and repair their vehicles, in a manner that has
        hindered open competition among repair facilities.
            (8) Consumers in the United States have benefited from the
        availability of a competitive aftermarket industry, or parts
        and accessories used in the repair, maintenance, or enhancement
        of a motor vehicle. The American economy has also benefited
        from the availability of a competitive aftermarket industry
        that provides jobs to over 5 million workers in over 495,000
        businesses, and generates $200 billion in annual sales.
            (9) Vehicle owners in the United States should have the
        right--
                    (A) to all information necessary to allow the
                diagnosis, service, and repair of their vehicles;
                    (B) to choose between original parts and
                aftermarket parts when repairing their motor vehicles;
                and
                    (C) to make, or have made, repairs necessary to
                keep their vehicles in reasonably good and serviceable
                condition during the life of the vehicle.
            (10) The restriction of vehicle repair information and
        tools limits who can repair motor vehicles and what parts may
        be used to repair those vehicles, which limits consumer choice,
        impedes competition, and increases the costs of vehicle repair
        for consumers.
    (b) Purposes.--The purposes of this Act are:
            (1) To ensure the safety of all vehicle owners by requiring
        disclosure of all information necessary for the proper
        diagnosis, service, and repair of a vehicle in a timely,
        affordable, and reliable manner.
            (2) To encourage competition in the diagnosis, service, and
        repair of motor vehicles.

SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS.

    (a) Duty to Disclose.--The manufacturer of a motor vehicle sold or
introduced into commerce in the United States shall promptly provide to
the vehicle owner, or to a repair facility of the motor vehicle owner's
choosing, the information necessary to diagnose, service, or repair the
vehicle. The motor vehicle manufacturer shall make available all non-
emission-related service information, training information, and
diagnostic tools on a non-discriminatory basis to any repair facility
of the owner's choosing, and shall not not limit such information to
those repair facilities within the manufacturers' approved network. The
information to be made available shall include the following:
            (1) The same service and training information related to
        vehicle repair shall be made available to all independent
        repair facilities in the same manner and extent as it is made
        available to franchised dealerships, and shall include all
        information needed to activate all controls that can be
        activated by a franchised dealership.
            (2) The same diagnostic tools and capabilities related to
        vehicle repair that are made available to franchised
        dealerships shall be made available to independent repair
        facilities. These diagnostic tools and capabilities shall be
        made available for purchase by motor vehicle owners or their
        agents through reasonable business means. The service and
        training information and manufacturer diagnostic capabilities
        shall be available to independent repair facilities, and to the
        companies from which they normally purchase diagnostic tools,
        without the need for the motor vehicle owner to return to a
        franchised dealership.
    (b) Protection of Trade Secrets.--Nothing in this Act shall be
deemed to require the disclosure of trade secrets, nor the public
disclosure of any information related exclusively to the design and
manufacture of motor vehicle parts. No information necessary to repair
a vehicle shall be withheld by a manufacturer if such information is
provided (directly or indirectly) to franchised dealerships or other
repair facilities.

SEC. 4. REGULATIONS.

    (a) In General.--Not later than 1 year after the date of enactment
of this Act, the Federal Trade Commission shall prescribe regulations
setting forth an appropriate method by which manufacturers shall
provide the information required by section 3, including disclosure in
writing, via the Internet, or under such terms as the Commission
determines appropriate. The regulations shall take effect upon final
issuance of such regulations and shall apply to vehicles manufactured
after model year 1994.
    (b) Limitation.--The Federal Trade Commission may not prescribe
rules that interfere with the authority of, or conflict with rules
prescribed by, the Administrator of the Environmental Protection Agency
under section 202(m) of the Clean Air Act (42 U.S.C. 7521(m)) with
regard to motor vehicle emissions control diagnostics systems.

SEC. 5. ENFORCEMENT.

    (a) Unfair or Deceptive Act or Practice.--The failure by a
manufacturer to comply with section 3(a) or the regulations prescribed
under section 4 shall be treated as an unfair method of competition and
an unfair or deceptive act or practice in or affecting commerce (within
the meaning of section 5(a)(1) of the Federal Trade Commission Act (15
U.S.C. 45(a)(1))). A violation of this Act shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Actions by the Federal Trade Commission.--The Federal Trade
Commission shall enforce this Act in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
Any entity that violates this Act shall be subject to the penalties and
entitled to the privileges and immunities provided in the Federal Trade
Commission Act in the same manner, by the same means, and with the same
jurisdiction, power, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act were incorporated into
and made a part of this Act.
    (c) Effect on Other Laws.--Nothing contained in this Act shall be
construed to limit the authority of the Federal Trade Commission under
any other provisions of law.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) The terms ``manufacturer'', ``motor vehicle'', and
        ``motor vehicle equipment'' have the meanings given those terms
        in section 30102(a) of title 49, United States Code.
            (2) The term ``motor vehicle owner'' or ``vehicle owner''
        means any person who owns, leases, or otherwise has the legal
        right to use and possess a motor vehicle.
            (3) The term ``repair facility'' means a facility
        maintained by a person engaged in the repair, diagnosing, or
        servicing of motor vehicles or motor vehicle engines.

Summary: Motor Vehicle Owners' Right to Repair Act of 2005 - Requires a manufacturer of a motor vehicle sold or introduced into commerce in the United States to disclose to the vehicle owner or to a repair facility of the motor vehicle owner's choosing the information necessary to diagnose, service, or repair the vehicle. Sets forth protections for trade secrets. Instructs the Federal Trade Commission (FTC) to prescribe a uniform methodology for manufacturer disclosure in writing and on the Internet. Prohibits the FTC from prescribing rules that interfere with the authority of the Administrator of the Environmental Protection Agency (EPA) regarding motor vehicle emissions control diagnostics systems. States that manufacturer noncompliance with this Act constitutes an unfair method of competition and an unfair or deceptive act or practice affecting commerce within the purview of the Federal Trade Commission Act.

To protect the rights of consumers to diagnose, service, and repair motor vehicles in the United States, and for other purposes.


That the following sums
are hereby appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of Government for fiscal
year 2017, and for other purposes, namely:

        TITLE I--CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2017

    Sec. 101. (a) Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for fiscal
year 2016 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this title, that were conducted in fiscal year 2016, and for
which appropriations, funds, or other authority were made available in
the following appropriations Acts:
            (1) The Agriculture, Rural Development, Food and Drug
        Administration, and Related Agencies Appropriations Act, 2016
        (division A of Public Law 114-113).
            (2) The Commerce, Justice, Science, and Related Agencies
        Appropriations Act, 2016 (division B of Public Law 114-113).
            (3) The Department of Defense Appropriations Act, 2016
        (division C of Public Law 114-113).
            (4) The Energy and Water Development and Related Agencies
        Appropriations Act, 2016 (division D of Public Law 114-113).
            (5) The Financial Services and General Government
        Appropriations Act, 2016 (division E of Public Law 114-113).
            (6) The Department of Homeland Security Appropriations Act,
        2016 (division F of Public Law 114-113).
            (7) The Department of the Interior, Environment, and
        Related Agencies Appropriations Act, 2016 (division G of Public
        Law 114-113).
            (8) The Departments of Labor, Health and Human Services,
        and Education, and Related Agencies Appropriations Act, 2016
        (division H of Public Law 114-113).
            (9) The Legislative Branch Appropriations Act, 2016
        (division I of Public Law 114-113).
            (10) The Department of State, Foreign Operations, and
        Related Programs Appropriations Act, 2016 (division K of Public
        Law 114-113), except title IX.
            (11) The Transportation, Housing and Urban Development, and
        Related Agencies Appropriations Act, 2016 (division L of Public
        Law 114-113).
    (b)(1) The rate for operations provided by subsection (a) in the
revised security category (as defined in section 250(c)(4)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985) is hereby
adjusted by the percentage necessary to achieve a rate for operations
in such category equal to the excess of $548,091,000,000 over the total
amount made available in such category pursuant to section 201.
    (2) The rate for operations provided by subsection (a) in the
revised nonsecurity category (as defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Act of 1985) is hereby
adjusted by the percentage necessary to achieve a rate for operations
in such category equal to the excess of $518,491,000,000 over the total
amount made available in such category pursuant to section 201.
    Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for: (1) the new production of items not funded for production in
fiscal year 2016 or prior years; (2) the increase in production rates
above those sustained with fiscal year 2016 funds; or (3) the
initiation, resumption, or continuation of any project, activity,
operation, or organization (defined as any project, subproject,
activity, budget activity, program element, and subprogram within a
program element, and for any investment items defined as a P-1 line
item in a budget activity within an appropriation account and an R-1
line item that includes a program element and subprogram element within
an appropriation account) for which appropriations, funds, or other
authority were not available during fiscal year 2016.
    (b) No appropriation or funds made available or authority granted
pursuant to section 101 for the Department of Defense shall be used to
initiate multi-year procurements utilizing advance procurement funding
for economic order quantity procurement unless specifically
appropriated later.
    Sec. 103.  Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
    Sec. 104.  Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2016.
    Sec. 105.  Appropriations made and authority granted pursuant to
this title shall cover all obligations or expenditures incurred for any
project or activity during the period for which funds or authority for
such project or activity are available under this title.
    Sec. 106.  Unless otherwise provided for in this title or in the
applicable appropriations Act for fiscal year 2017, appropriations and
funds made available and authority granted pursuant to this title shall
be available until whichever of the following first occurs: (1) the
enactment into law of an appropriation for any project or activity
provided for in this title; (2) the enactment into law of the
applicable appropriations Act for fiscal year 2017 without any
provision for such project or activity; or (3) December 9, 2016.
    Sec. 107.  Expenditures made pursuant to this title shall be
charged to the applicable appropriation, fund, or authorization
whenever a bill in which such applicable appropriation, fund, or
authorization is contained is enacted into law.
    Sec. 108.  Appropriations made and funds made available by or
authority granted pursuant to this title may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing in
this title may be construed to waive any other provision of law
governing the apportionment of funds.
    Sec. 109.  Notwithstanding any other provision of this title,
except section 106, for those programs that would otherwise have high
initial rates of operation or complete distribution of appropriations
at the beginning of fiscal year 2017 because of distributions of
funding to States, foreign countries, grantees, or others, such high
initial rates of operation or complete distribution shall not be made,
and no grants shall be awarded for such programs funded by this title
that would impinge on final funding prerogatives.
    Sec. 110.  This title shall be implemented so that only the most
limited funding action of that permitted in the title shall be taken in
order to provide for continuation of projects and activities.

TITLE II--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES
    APPROPRIATIONS ACT, 2017 AND ZIKA RESPONSE AND PREPAREDNESS ACT

SEC. 201. ENACTMENT BY REFERENCE.

    (a) In General.--The provisions of the Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act, 2017 and
Zika Response and Preparedness Act, as printed in the Conference Report
accompanying H.R. 2577 (H. Rept. 114-640), are hereby enacted into law.
    (b) Publication.--In publishing the Act in slip form and in the
United States Statutes at Large pursuant to section 112, of title 1,
United States Code, the Archivist of the United States shall include
after the date of approval at the end appendixes setting forth the
texts of the bill referred to in subsection (a) of this section.

     TITLE III--ENSURING VETTING OF REFUGEES TO KEEP AMERICANS SAFE

SEC. 301. SHORT TITLE.

    This title may be cited as the ``American Security Against Foreign
Enemies Act of 2015'' or as the ``American SAFE Act of 2015''.

SEC. 302. REVIEW OF REFUGEES TO IDENTIFY SECURITY THREATS TO THE UNITED
              STATES.

    (a) Background Investigation.--In addition to the screening
conducted by the Secretary of Homeland Security, the Director of the
Federal Bureau of Investigation shall take all actions necessary to
ensure that each covered alien receives a thorough background
investigation prior to admission as a refugee. A covered alien may not
be admitted as a refugee until the Director of the Federal Bureau of
Investigation certifies to the Secretary of Homeland Security and the
Director of National Intelligence that each covered alien has received
a background investigation that is sufficient to determine whether the
covered alien is a threat to the security of the United States.
    (b) Certification by Unanimous Concurrence.--A covered alien may
only be admitted to the United States after the Secretary of Homeland
Security, with the unanimous concurrence of the Director of the Federal
Bureau of Investigation and the Director of National Intelligence,
certifies to the appropriate Congressional Committees that the covered
alien is not a threat to the security of the United States.
    (c) Inspector General Review of Certifications.--The Inspector
General of the Department of Homeland Security shall conduct a risk-
based review of all certifications made under subsection (b) each year
and shall provide an annual report detailing the findings to the
appropriate Congressional Committees.
    (d) Monthly Report.--The Secretary of Homeland Security shall
submit to the appropriate Congressional Committees a monthly report on
the total number of applications for admission with regard to which a
certification under subsection (b) was made and the number of covered
aliens with regard to whom such a certification was not made for the
month preceding the date of the report. The report shall include, for
each covered alien with regard to whom a certification was not made,
the concurrence or nonconcurrence of each person whose concurrence was
required by subsection (b).
    (e) Definitions.--In this Act:
            (1) Covered alien.--The term ``covered alien'' means any
        alien applying for admission to the United States as a refugee
        who--
                    (A) is a national or resident of Iraq or Syria;
                    (B) has no nationality and whose last habitual
                residence was in Iraq or Syria; or
                    (C) has been present in Iraq or Syria at any time
                on or after March 1, 2011.
            (2) Appropriate congressional committee.--The term
        ``appropriate Congressional Committees'' means--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Select Committee on Intelligence of the
                Senate;
                    (C) the Committee on the Judiciary of the Senate;
                    (D) the Committee on Homeland Security and
                Governmental Affairs of the Senate;
                    (E) the Committee on Foreign Relations of the
                Senate;
                    (F) the Committee on Appropriations of the Senate;
                    (G) the Committee on Armed Services of the House of
                Representatives;
                    (H) the Permanent Select Committee on Intelligence
                of the House of Representatives;
                    (I) the Committee on the Judiciary of the House of
                Representatives;
                    (J) the Committee on Homeland Security of the House
                of Representatives;
                    (K) the Committee on Appropriations of the House of
                Representatives; and
                    (L) the Committee on Foreign Affairs of the House
                of Representatives.

                TITLE IV--STOPPING THE INTERNET GIVEAWAY

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Protecting Internet Freedom Act''.

SEC. 402. FINDINGS.

    Congress finds the following:
            (1) The Department of Commerce and the National
        Telecommunications and Information Administration (in this
        section referred to as the ``NTIA'') should be responsible for
        maintaining the continuity and stability of services related to
        certain interdependent Internet technical management functions,
        known collectively as the Internet Assigned Numbers Authority
        (in this section referred to as the ``IANA''), which includes--
                    (A) the coordination of the assignment of technical
                Internet protocol parameters;
                    (B) the administration of certain responsibilities
                associated with the Internet domain name system root
                zone management;
                    (C) the allocation of Internet numbering resources;
                and
                    (D) other services related to the management of the
                Advanced Research Project Agency and INT top-level
                domains.
            (2) The interdependent technical functions described in
        paragraph (1) were performed on behalf of the Federal
        Government under a contract between the Defense Advanced
        Research Projects Agency and the University of Southern
        California as part of a research project known as the Tera-node
        Network Technology project. As the Tera-node Network Technology
        project neared completion and the contract neared expiration in
        1999, the Federal Government recognized the need for the
        continued performance of the IANA functions as vital to the
        stability and correct functioning of the Internet.
            (3) The NTIA may use its contract authority to maintain the
        continuity and stability of services related to the IANA
        functions.
            (4) If the NTIA uses its contract authority, the
        contractor, in the performance of its duties, must have or
        develop a close constructive working relationship with all
        interested and affected parties to ensure quality and
        satisfactory performance of the IANA functions. The interested
        and affected parties include--
                    (A) the multistakeholder, private sector-led,
                bottom-up policy development model for the domain name
                system that the Internet Corporation for Assigned Names
                and Numbers represents;
                    (B) the Internet Engineering Task Force and the
                Internet Architecture Board;
                    (C) Regional Internet Registries;
                    (D) top-level domain operators and managers, such
                as country codes and generic;
                    (E) governments; and
                    (F) the Internet user community.
            (5) The IANA functions contract of the Department of
        Commerce explicitly declares that ``[a]ll deliverables provided
        under this contract become the property of the U.S.
        Government.''. One of the deliverables is the automated root
        zone.
            (6) Former President Bill Clinton's Internet czar Ira
        Magaziner stated that ``[t]he United States paid for the
        Internet, the Net was created under its auspices, and most
        importantly everything [researchers] did was pursuant to
        government contracts.''.
            (7) Under section 3 of article IV of the Constitution of
        the United States, Congress has the exclusive power to
        ``dispose of and make all needful Rules and Regulations
        respecting the Territory or other Property belonging to the
        United States''.
            (8) The .gov and .mil top-level domains are the property of
        the United States Government, and as property, the United
        States Government should have the exclusive control and use of
        those domains in perpetuity.

SEC. 403. MAINTAINING THE IANA FUNCTIONS CONTRACT.

    The Assistant Secretary of Commerce for Communications and
Information may not allow the responsibility of the National
Telecommunications and Information Administration with respect to the
Internet domain name system functions, including responsibility with
respect to the authoritative root zone file and the performance of the
Internet Assigned Numbers Authority functions, to terminate, lapse,
expire, be canceled, or otherwise cease to be in effect unless a
Federal statute enacted after the date of enactment of this title
expressly grants the Assistant Secretary such authority.

SEC. 404. EXCLUSIVE UNITED STATES GOVERNMENT OWNERSHIP AND CONTROL OF
              .GOV AND .MIL DOMAINS.

    Not later than 60 days after the date of enactment of this title,
the Assistant Secretary of Commerce for Communications and Information
shall provide to Congress a written certification that the United
States Government has--
            (1) secured sole ownership of the .gov and .mil top-level
        domains; and
            (2) entered into a contract with the Internet Corporation
        for Assigned Names and Numbers that provides that the United
        States Government has exclusive control and use of those
        domains in perpetuity.

Summary: This bill provides continuing FY2017 appropriations to most federal agencies until the earlier of December 9, 2016, or the enactment of the applicable appropriations legislation. It prevents a government shutdown that would otherwise occur when FY2017 begins on October 1, 2016, because the FY2017 appropriations bills that fund the federal government have not been enacted. The bill specifies the rates of operations for security and nonsecurity programs for the duration of the continuing appropriations. The bill enacts, by reference, the provisions of the conference report for H. R. 2577 . American Security Against Foreign Enemies Act of 2015 or the American SAFE Act of 2015 The Federal Bureau of Investigation, the Department of Homeland Security, and the Director of National Intelligence must take specified actions to ensure that certain aliens from Iraq or Syria receive thorough background investigations and are certified not to be a security threat prior to being admitted to the United States as refugees. Protecting Internet Freedom Act The Department of Commerce may not allow the National Telecommunications and Information Administration's responsibility for Internet domain name system functions to cease unless a federal statute enacted after enactment of this bill expressly grants Commerce the authority. Commerce must certify to Congress that the United States: (1) secured sole ownership of the . gov and . mil top-level domains, and (2) entered into a contract with the Internet Corporation for Assigned Names and Numbers that provides the US government with exclusive control and use of those domains in perpetuity.

Making continuing appropriations for fiscal year 2017, and for other purposes.