SECTION 1. SHORT TITLE.

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

               TITLE I--ANTITRUST AND CRIMINAL PROVISIONS

SEC. 101. PROHIBITION ON ANTICOMPETITIVE BEHAVIOR BY INCUMBENT LOCAL
              EXCHANGE CARRIERS.

    In any civil action based on a claim arising under section 1, 2, or
3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that an incumbent
local exchange carrier that has market power in the broadband service
provider market has willfully and knowingly failed to provide
conditioned unbundled local loops when economically reasonable and
technically feasible under section 715(a) of the Communications Act of
1934, or restrains unreasonably the ability of a carrier to compete in
its provision of broadband services over a local loop, shall be
sufficient to establish a presumption of a violation of such section 1,
2, or 3 of the Sherman Act.

SEC. 102. PROHIBITION ON ANTICOMPETITIVE CONTRACTS BY BROADBAND ACCESS
              TRANSPORT PROVIDERS.

    In any civil action based on a claim arising under section 1, 2, or
3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a broadband
access transport provider that has market power in the broadband
service provider market has offered access to a service provider on
terms and conditions, other than terms justified by demonstrable cost
differentials, that are less favorable than those offered by such
operator to itself, to an affiliated service provider, or to another
service provider, or restrains unreasonably the ability of a service
provider from competing in its provision of broadband services, shall
be sufficient to establish a presumption of a violation of such
section.

SEC. 103. PROHIBITION ON ANTICOMPETITIVE OR DISCRIMINATORY BEHAVIOR BY
              BROADBAND ACCESS TRANSPORT PROVIDERS.

    It shall be unlawful for a broadband access transport provider to
engage in unfair methods of competition or unfair or deceptive acts or
practices, the purpose or effect of which is to discriminate in favor
of a service provider that is affiliated with a broadband access
transport provider or to restrain unreasonably the ability of a service
provider that is not affiliated with a broadband access transport
provider from competing in its provision of any of the services
provided by a service provider as set forth in section 105(3).

SEC. 104. PROTECTION FROM FRAUDULENT UNSOLICITED E-MAIL.

    Section 1030 of title 18, United States Code, is amended--
            (1) in subsection (a)(5)--
                    (A) by striking ``or'' at the end of subparagraph
                (B); and
                    (B) by inserting after subparagraph (C) the
                following new subparagraphs:
            ``(D) intentionally and without authorization initiates the
        transmission of a bulk unsolicited electronic mail message to a
        protected computer with knowledge that such message falsifies
        an Internet domain, header information, date or time stamp,
        originating e-mail address or other identifier; or
            ``(E) intentionally sells or distributes any computer
        program that--
                    ``(i) is designed or produced primarily for the
                purpose of concealing the source or routing information
                of bulk unsolicited electronic mail messages in a
                manner prohibited by subparagraph (D) of this
                paragraph;
                    ``(ii) has only limited commercially significant
                purpose or use other than to conceal such source or
                routing information; or
                    ``(iii) is marketed by the violator or another
                person acting in concert with the violator and with the
                violator's knowledge for use in concealing the source
                or routing information of such messages;
            (2) in subsection (c)(2)(A)--
                    (A) by inserting ``(i)'' after ``in the case of an
                offense''; and
                    (B) by inserting after ``an offense punishable
                under this subparagraph;'' the following: ``; or (ii)
                under subsection (a)(5)(D) or (a)(5)(E) of this section
                which results in damage to a protected computer'';
            (3) in subsection (c)(2), by adding at the end the
        following new subparagraph:
            ``(D) in the case of a violation of subsection (a)(5)(D) or
        (E), actual monetary loss and statutory damages of $15,000 per
        violation or an amount of up to $10 per message per violation
        whichever is greater; and'';
            (4) in subsection (e)--
                    (A) by striking ``and'' at the end of paragraph
                (8);
                    (B) by striking the period at the end of paragraph
                (9); and
                    (C) by adding at the end the following new
                paragraphs:
            ``(10) the term `initiates the transmission' means, in the
        case of an electronic mail message, to originate the electronic
        mail message, and excludes the actions of any interactive
        computer service whose facilities or services are used by
        another person to transmit, relay, or otherwise handle such
        message;
            ``(11) the term `Internet domain' means a specific computer
        system (commonly referred to as a `host') or collection of
        computer systems attached to or able to be referenced from the
        Internet which are assigned a specific reference point on the
        Internet (commonly referred to as an `Internet domain name')
        and registered with an organization recognized by the Internet
        industry as a registrant of Internet domains;
            ``(12) the term `unsolicited electronic mail message' means
        any substantially identical electronic mail message other than
        electronic mail initiated by any person to others with whom
        such person has a prior relationship, including prior business
        relationship, or electronic mail sent by a source to recipients
        where such recipients, or their designees, have at any time
        affirmatively requested to receive communications from that
        source; and
            ``(13) the term `Internet' means all computer and
        telecommunications facilities, including equipment and
        operating software, which comprise the interconnected network
        of networks that employ the Transmission Control Protocol/
        Internet Protocol, or any predecessor or successor protocols to
        such protocol, to communicate information of all kinds by wire
        or radio.''.
            (5) in subsection (g), by inserting ``and reasonable
        attorneys' fees and other litigation costs reasonably incurred
        in connection with civil action'' after ``injunctive relief or
        other equitable relief''.

SEC. 105. DEFINITIONS.

    For purposes of this title:
            (1) Broadband.--The term ``broadband'' refers to a
        transmission capability in excess of 200 kilobits per second in
        at least one direction.
            (2) Broadband access transport provider.--The term
        ``broadband access transport provider'' means one who engages
        in the broadband transmission of data between a user and his
        service provider's point of interconnection with the broadband
        access transport provider's facilities. Such term shall also
        include a service provider who provides to itself, over
        facilities owned by it or under its control, the broadband
        transport of services between itself and its users.
            (3) Service provider.--The term ``service provider'' means
        a person who provides a service that enables users to access
        content, information, electronic mail, or other services. The
        term may also include access to proprietary content,
        information, and other services as part of a package of
        services offered to consumers.
            (4) Internet.--The term ``Internet'' means all computer and
        telecommunications facilities, including equipment and
        operating software, which comprise the interconnected network
        of networks that employ the Transmission Control Protocol/
        Internet Protocol, or any predecessor or successor protocols to
        such protocol, to communicate information of all kinds by wire
        or radio.
            (5) Broadband service provider market.--The term
        ``broadband service provider market'' includes the provision of
        broadband services over a single broadband access transport
        provider's facilities.

                    TITLE II--ADDITIONAL PROVISIONS

SEC. 201. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES.

    Title VII of the Communications Act of 1934 is amended by adding at
the end thereof the following new section:

``SEC. 715. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES.

    ``(a) Broadband Services Plans.--
            ``(1) Plan required.--Within 180 days after the effective
        date of this section, each local exchange carrier shall submit
        to the State commission in each State in which such carrier
        does business a plan to provide broadband telecommunications
        service in all local exchange areas in which such carrier has
        telephone exchange service customers as soon as such broadband
        telecommunications service is economically reasonably and
        technically feasible. The plan shall include all terms and
        conditions, including pricing, under which the services shall
        be provided. The test of economic reasonability and technical
        feasibility shall be made separately by the local exchange
        carrier for each local exchange, and the plan shall be
        considered certified 45 days after submission unless the State
        commission rejects the plan within such 45 days. Upon rejection
        of a plan, successive plans shall be submitted until approval
        is obtained. The plan shall be implemented within 180 days of
        the certification of the plan in each local exchange in which
        the provision of the service is both economically reasonable
        and technically feasible. Upon certification of its plan, the
        carrier shall be obligated by terms of the plan (including any
        modifications that it requests that are thereafter certified)
        but shall otherwise provide such services free of Federal and
        State price, rate, rate of return, and profit regulation. Upon
        a determination by the State commission that a local exchange
        is served by another provider of broadband telecommunications
        services, or any broadband Internet access transport provider,
        or upon a determination by such State commission that the local
        exchange carrier makes broadband telecommunications services
        available to 70 percent of the access lines in an exchange, a
        local exchange carrier shall no longer be obligated by the
        terms of any such plan in such local exchange.
            ``(2) State modifications prohibited.--Except upon request
        of the carrier, the State commission shall have no authority to
        modify any plan submitted pursuant to paragraph (1).
            ``(3) No commission authority.--The Commission shall have
        no authority with respect to the terms of any plan and shall
        have no authority with respect to the approval or rejection of
        any such plan.
    ``(b) Supersession of Other Requirements.--An incumbent local
exchange carrier's provision of broadband local telecommunications
services shall not be subject to the requirements of sections 251(c)(3)
and 251(c)(4) of the Act in any State in which that carrier certifies
to the State commission that--
            ``(1) in central offices in which it provides local loops
        that are conditioned for broadband services, it provides such
        loops to other carriers at least as quickly as it provides them
        for its own customers;
            ``(2) in central offices in which it does not currently
        provide local loops that are conditioned for broadband
        services, but in which such service is economically reasonable
        and technically feasible, it will provide such loops within 120
        days of a request for such conditioning from another carrier;
        and
            ``(3) conditioned loops are provided upon such prices and
        other terms and conditions as the parties shall agree, or in
        any event of disagreements, as are determined through
        commercial arbitration, in which the commercial arbitrator
        shall establish the price based upon the cost of the loops and
        the costs for such conditioning that have been incurred by the
        local exchange carrier plus a reasonable profit.''.

 SEC. 202. ACCELERATED DEPLOYMENT OF INTERNET BACKBONE.

    (a) InterLATA Internet Services.--Paragraph (21) of section 3 of
the Communications Act of 1934 (47 U.S.C. 153(21)), relating to the
definition of interLATA service, is amended by inserting before the
period the following: ``, except that such term shall not include
services that consist of or include the transmission of any data or
information, including any writing, signs, signals, pictures, or sounds
related to the transmission of such data or information, by means of
the Internet or any other network that employs Internet Protocol-based
or other packet-switched technology''.
    (b) Voice InterLATA Internet Services.--Neither a Bell operating
company, nor any affiliate of a Bell operating company, may provide, by
means of the Internet or any other network that employs Internet
Protocol-based or other packet-switched technology, two-way voice-only
interLATA telecommunications services originating in any of its in-
region States until such time as the Federal Communications Commission
approves the application of such company for such State pursuant to
section 271(d) of the Communications Act of 1934. The terms in this
subsection shall have the same respective meanings given such terms in
sections 3 and 271 of such Act.

Summary: TABLE OF CONTENTS: Title I: Antitrust and Criminal Provisions Title II: Additional Provisions Internet Freedom Act - Title I: Antitrust and Criminal Provisions - Provides that in any civil action based on antitrust violations, evidence that an incumbent local exchange carrier that has market power in the broadband service provider market area has willfully and knowingly failed to provide conditioned unbundled local loops when economically reasonable and technically feasible, or restrains the ability of another carrier to compete in the provision of such services, shall establish a presumption of an antitrust violation. Establishes an identical presumption in the case of a broadband access transport provider that has market power in the broadband service provider market who has offered access to a service provider on terms and conditions less favorable than those otherwise offered, or restrains unreasonably the ability of another provider from competing in the provision of such services. Defines: (1) broadband as a transmission capability in excess of 200 kilobits per second in at least one direction. And (2) a broadband access transport provider as one who engages in the broadband transmission of data between a user and his service provider's point of interconnection with the broadband access transport provider's facilities. Makes it unlawful for a broadband access transport provider to engage in unfair methods of competition or unfair or deceptive acts or practices in the provision of such services. Amends the Federal criminal code to provide criminal penalties against anyone who intentionally: (1) and without authorization initiates the transmission of a bulk unsolicited electronic mail message to a protected computer with knowledge that such message falsifies an Internet domain, header information, or other identifier. Or (2) sells or distributes any computer program designed primarily to conceal the source or routing information on such mail, has only limited commercially significant purpose or use, or is marketed by the violator or another person acting in concert with the violator with the violator's knowledge of such use. Title II: Additional Provisions - Amends the Communications Act of 1934 to require each local exchange carrier to submit to the State communications commission in each State in which such carrier does business a plan to provide broadband telecommunications service in all local exchange areas in which such carrier has telephone exchange service customers, as soon as such service is economically reasonable and technically feasible. Considers such plan certified unless rejected within 45 days. Requires plan implementation within 180 days . Prohibits State or Federal Communications Commission (FCC) modification of such plans. Provides that interLATA services shall not include services that consist of or include the transmission of any data or information by means of the Internet or any other network that employs Internet Protocol-based or other packet-switched technology. Prohibits a Bell operating company or its affiliate from providing, by the Internet or similar network employing such technology, two-way voice only interLATA telecommunications services originating in any of its in-region States until the FCC approves the application of such company for such State.

Internet Freedom Act


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Social Security
Disability Amendments Act of 1994''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Disregard deemed income and resources of ineligible spouse when
                            determining continued eligibility under
                            section 1619(b).
Sec. 3. Plans for achieving self-support not disapproved within 60 days
                            to be deemed approved.
Sec. 4. Expansion of plans for achieving self-support to include
                            housing goals.
Sec. 5. Regulations regarding completion of plans for achieving self-
                            support.
Sec. 6. Treatment of certain grant, scholarship, or fellowship income
                            as earned income for SSI purposes.
Sec. 7. SSI eligibility for students temporarily abroad.
Sec. 8. Effective date.

SEC. 2. DISREGARD DEEMED INCOME AND RESOURCES OF INELIGIBLE SPOUSE WHEN
              DETERMINING CONTINUED ELIGIBILITY UNDER SECTION 1619(b).

    Section 1614(f)(1) of the Social Security Act (42 U.S.C.
1382c(f)(1)) is amended by inserting ``(other than under section
1619(b))'' after ``benefits''.

SEC. 3. PLANS FOR ACHIEVING SELF-SUPPORT NOT DISAPPROVED WITHIN 60 DAYS
              TO BE DEEMED APPROVED.

    (a) Amendments to Income Exclusion Rules.--Section 1612(b)(4) of
the Social Security Act (42 U.S.C. 1382a(b)(4)(A)) is amended in each
of subparagraphs (A) and (B) by inserting ``and, for purposes of this
clause, a completed plan for achieving self-support which is not
disapproved by the Secretary within 60 days after the date of
submission shall be deemed to be approved by the Secretary until
subsequently disapproved by the Secretary (with appropriate
notification to the individual),'' after ``plan,''.
    (b) Amendment to Resource Exclusion Rule.--Section 1613(a)(4) of
such Act (42 U.S.C. 1382b(a)(4)) is amended by inserting ``, and, for
purposes of this paragraph, a completed plan for achieving self-support
which is not disapproved by the Secretary within 60 days after the date
of submission shall be deemed to be approved by the Secretary until 6
months after subsequently disapproved by the Secretary (with
appropriate notification to the individual)'' after ``such plan''.

SEC. 4. EXPANSION OF PLANS FOR ACHIEVING SELF-SUPPORT TO INCLUDE
              HOUSING GOALS.

    (a) Income Disregard Rules.--Section 1612(b)(4) of the Social
Security Act (42 U.S.C. 1382a(b)(4)) is amended in each of
subparagraphs (A)(iii) and (B)(iv), by inserting ``, containing a
career or housing goal, that has been'' before ``approved''.
    (b) Resource Disregard Rules.--Section 1613(a)(4) of such Act (42
U.S.C. 1382b(a)(4)) is amended by inserting ``, containing a career or
housing goal, that has been'' before ``approved''.

SEC. 5. REGULATIONS REGARDING COMPLETION OF PLANS FOR ACHIEVING SELF-
              SUPPORT.

    Section 1633 of the Social Security Act (42 U.S.C. 1383b) is
amended by adding at the end the following:
    ``(d) The Secretary shall establish by regulation time limits and
other criteria--
            ``(1) which are related to an individual's career or
        housing goal included in a plan for achieving self-support, and
            ``(2) that take into account the difficulty of achieving
        self-support based on the needs of the individual and the goals
        of the plan.''.

SEC. 6. TREATMENT OF CERTAIN GRANT, SCHOLARSHIP, OR FELLOWSHIP INCOME
              AS EARNED INCOME FOR SSI PURPOSES.

    Section 1612(a)(1) of the Social Security Act (42 U.S.C.
1382a(a)(1)), as amended by section 309 of this Act, is amended--
            (1) by striking ``and'' at the end of subparagraph (E); and
            (2) by adding at the end the following:
                    ``(G) any grant, scholarship, or fellowship
                described in section 1612(b)(7) to the extent not
                excluded from income pursuant to such section; and''.

SEC. 7. SSI ELIGIBILITY FOR STUDENTS TEMPORARILY ABROAD.

    Section 1611(f) of the Social Security Act (42 U.S.C. 1382(f)) is
amended by adding at the end the following: ``The first sentence of
this subsection shall not apply to any individual who was eligible to
receive a benefit under this title for the month immediately preceding
the first month during all of which such individual is outside the
United States and who demonstrates to the satisfaction of the Secretary
that the individual's absence from the United States will be temporary
and for the purpose of conducting studies as part of an educational
program designed to prepare the individual for gainful employment and
sponsored by a school, college, or university in the United States.''.

SEC. 8. EFFECTIVE DATE.

    Except as otherwise provided in this Act, the amendments made by
this Act shall take effect on the 1st day of the 1st calendar month
that begins 90 or more days after the date of the enactment of this
Act.

Summary: Social Security Disability Amendments Act of 1994 - Amends title XVI (SSI) of the Social Security Act to: (1) disregard the deemed income and resources of an ineligible spouse when determining the continued eligibility of the disabled spouse for Medicaid. (2) provide that individual Plans for Achieving Self Support (PASS) shall be deemed approved unless disallowed within 60 days by the Social Security Administration. (3) disregard the income andor resources received by a PASS recipient for the purpose of achieving housing or career goals. (4) require the Secretary of Health and Human Services to promulgate regulations that consider both individual career and housing goals, and the difficulty of achieving self-support. (5) treat certain grant, scholarship, or fellowship income as earned income according to a certain formula. And (6) retain SSI eligibility for students temporarily outside the United States who demonstrate that their absence is to conduct studies as part of an educational program sponsored by an educational institution in the United States and designed to prepare the individual for gainful employment.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commission on the Accountability and
Review of Federal Agencies Act''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established the Commission on the
Accountability and Review of Federal Agencies (hereafter in this Act
referred to as the ``Commission'').
    (b) Membership.--
            (1) In general.--The Commission shall consist of 12
        members, all of whom shall be appointed by the President not
        later than 90 days after the date of enactment of this Act.
            (2) Chairperson and vice chairperson.--The President shall
        designate a chairperson and vice chairperson from among the
        members of the Commission.
    (c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
    (d) Meetings.--
            (1) Initial meeting.--Not later than 30 days after the date
        on which all members of the Commission have been appointed, the
        Commission shall hold its first meeting.
            (2) Subsequent meetings.--The Commission shall meet at the
        call of the chairperson.
    (e) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.

SEC. 3. DUTIES OF THE COMMISSION.

    (a) Definition.--In this section:
            (1) In general.--Except as provided in paragraph (2), the
        term ``agency'' has the meaning given the term ``executive
        agency'' under section 105 of title 5, United States Code.
            (2) Exception.--The term ``agency'' does not include the
        Department of Defense or its subdivisions.
    (b) In General.--The Commission shall--
            (1) evaluate all agencies and programs within those
        agencies, using the criteria under subsection (c); and
            (2) submit to Congress--
                    (A) a plan with recommendations of the agencies and
                programs that should be realigned or eliminated; and
                    (B) proposed legislation to implement the plan
                described under subparagraph (A).
    (c) Criteria.--
            (1) Duplicative.--If 2 or more agencies or programs are
        performing the same essential function and the function can be
        consolidated or streamlined into a single agency or program,
        the Commission shall recommend that the agency or program be
        realigned.
            (2) Wasteful or inefficient.--The Commission shall
        recommend the realignment or elimination of any agency or
        program that has wasted Federal funds by--
                    (A) egregious spending;
                    (B) mismanagement of resources and personnel; or
                    (C) use of such funds for personal benefit or the
                benefit of a special interest group.
            (3) Outdated, irrelevant, or failed.--The Commission shall
        recommend the elimination of any agency or program that--
                    (A) has completed its intended purpose;
                    (B) has become irrelevant; or
                    (C) has failed to meet its objectives.
    (d) Systematic Assessment of Programs.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the President shall--
                    (A) establish a systematic method for assessing the
                effectiveness and accountability of agency programs;
                and
                    (B) submit, to the Commission, assessments of not
                less than \1/2\ of all programs covered under
                subsection (b)(1) that use the method established under
                subparagraph (A).
            (2) Method objectives.--The method established under
        paragraph (1) shall--
                    (A) recognize different types of federal programs;
                    (B) assess programs based primarily on the
                achievement of performance goals (as defined under
                section 1115(f)(4) of title 31, United States Code);
                and
                    (C) assess programs based in part on the adequacy
                of the program's performance measures, financial
                management, and other factors determined by the
                President.
            (3) Development.--The method established under paragraph
        (1) shall not be implemented until it has been reviewed and
        accepted by the Commission.
            (4) Consideration of assessments.--The Commission shall
        consider assessments submitted under this subsection when
        evaluating programs under subsection (b)(1).
    (e) Common Performance Measures.--Not later than 1 year after the
date of enactment of this Act, the President shall identify common
performance measures for programs covered in subsection (b)(1) that
have similar functions and, to the extent feasible, provide the
Commission with data on such performance measures.
    (f) Report.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, the Commission shall submit to the
        President and Congress a report that includes--
                    (A) the plan described under subsection (b)(2)(A),
                with supporting documentation for all recommendations;
                and
                    (B) the proposed legislation described under
                subsection (b)(2)(B).
            (2) Use of savings.--The proposed legislation described
        under subsection (b)(2)(B) shall provide that all funds saved
        by the implementation of the plan described under subsection
        (b)(2)(A) shall be used to--
                    (A) support other domestic programs; or
                    (B) pay down the national debt.
            (3) Relocation of federal employees.--The proposed
        legislation under paragraph (1)(B) shall provide that if the
        position of an employee of an agency is eliminated as a result
        of the implementation of the plan under paragraph (1)(A), the
        affected agency shall make reasonable efforts to relocate such
        employee to another position within the agency or within
        another Federal agency.

SEC. 4. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the purpose of
carrying out this Act--
            (1) hold such hearings, sit and act at such times and
        places, take such testimony, receive such evidence, and
        administer such oaths as any member of the Commission considers
        advisable;
            (2) require, by subpoena or otherwise, the attendance and
        testimony of such witnesses as any member of the Commission
        considers advisable; and
            (3) require, by subpoena or otherwise, the production of
        such books, records, correspondence, memoranda, papers,
        documents, tapes, and other evidentiary materials relating to
        any matter under investigation by the Commission.
    (b) Subpoenas.--
            (1) Issuance.--Subpoenas issued under subsection (a) shall
        bear the signature of the chairperson of the Commission and
        shall be served by any person or class of persons designated by
        the chairperson for that purpose.
            (2) Enforcement.--In the case of contumacy or failure to
        obey a subpoena issued under subsection (a), the United States
        district court for the judicial district in which the
        subpoenaed person resides, is served, or may be found, may
        issue an order requiring such person to appear at any
        designated place to testify or to produce documentary or other
        evidence. Any failure to obey the order of the court may be
        punished by the court as a contempt of that court.
    (c) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
    (d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
    (e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.

SEC. 5. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Non-federal members.--Except as provided under
        subsection (b), each member of the Commission who is not an
        officer or employee of the Federal Government shall not be
        compensated.
            (2) Federal officers or employees.--All members of the
        Commission who are officers or employees of the United States
        shall serve without compensation in addition to that received
        for their services as officers or employees of the United
        States.
    (b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
    (c) Staff.--
            (1) In general.--The chairperson of the Commission may,
        without regard to the civil service laws and regulations,
        appoint and terminate an executive director and such other
        additional personnel as may be necessary to enable the
        Commission to perform its duties. The employment of an
        executive director shall be subject to confirmation by the
        Commission.
            (2) Compensation.--Upon the approval of the chairperson,
        the executive director may fix the compensation of the
        executive director and other personnel without regard to
        chapter 51 and subchapter III of chapter 53 of title 5, United
        States Code, relating to classification of positions and
        General Schedule pay rates, except that the rate of pay for the
        executive director and other personnel may not exceed the
        maximum rate payable for a position at GS-15 of the General
        Schedule under section 5332 of such title.
            (3) Personnel as federal employees.--
                    (A) In general.--The executive director and any
                personnel of the Commission who are employees shall be
                employees under section 2105 of title 5, United States
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) shall
                not be construed to apply to members of the Commission.
    (d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The
chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.

SEC. 6. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 90 days after the date on which the
Commission submits the report under section 3(f).

SEC. 7. CONGRESSIONAL CONSIDERATION OF REFORM PROPOSALS.

    (a) Definitions.--In this section:
            (1) Implementation bill.--The term ``implementation bill''
        means only a bill which is introduced as provided under
        subsection (b), and contains the proposed legislation included
        in the report submitted to Congress under section 3, without
        modification.
            (2) Calendar day.--The term ``calendar day'' means a
        calendar day other than 1 on which either House is not in
        session because of an adjournment of more than 3 days to a date
        certain.
    (b) Introduction; Referral; and Report or Discharge.--
            (1) Introduction.--On the first calendar day on which both
        Houses are in session, on or immediately following the date on
        which the report is submitted to Congress under section 3, a
        single implementation bill shall be introduced (by request)--
                    (A) in the Senate by the Majority Leader of the
                Senate, for himself and the Minority Leader of the
                Senate, or by Members of the Senate designated by the
                Majority Leader and Minority Leader of the Senate; and
                    (B) in the House of Representatives by the Speaker
                of the House of Representatives, for himself and the
                Minority Leader of the House of Representatives, or by
                Members of the House of Representatives designated by
                the Speaker and Minority Leader of the House of
                Representatives.
            (2) Referral.--The implementation bills introduced under
        paragraph (1) shall be referred to any appropriate committee of
        jurisdiction in the Senate and any appropriate committee of
        jurisdiction in the House of Representatives. A committee to
        which an implementation bill is referred under this paragraph
        may report such bill to the respective House without amendment.
            (3) Report or discharge.--If a committee to which an
        implementation bill is referred has not reported such bill by
        the end of the 15th calendar day after the date of the
        introduction of such bill, such committee shall be immediately
        discharged from further consideration of such bill, and upon
        being reported or discharged from the committee, such bill
        shall be placed on the appropriate calendar.
    (c) Floor Consideration.--
            (1) In general.--When the committee to which an
        implementation bill is referred has reported, or has been
        discharged under subsection (b)(3), it is at any time
        thereafter in order (even though a previous motion to the same
        effect has been disagreed to) for any Member of the respective
        House to move to proceed to the consideration of the
        implementation bill, and all points of order against the
        implementation bill (and against consideration of the
        implementation bill) are waived. The motion is highly
        privileged in the House of Representatives and is privileged in
        the Senate and is not debatable. The motion is not subject to
        amendment, or to a motion to postpone, or to a motion to
        proceed to the consideration of other business. A motion to
        reconsider the vote by which the motion is agreed to or
        disagreed to shall not be in order. If a motion to proceed to
        the consideration of the implementation bill is agreed to, the
        implementation bill shall remain the unfinished business of the
        respective House until disposed of.
            (2) Amendments.--An implementation bill may not be amended
        in the Senate or the House of Representatives.
            (3) Debate.--Debate on the implementation bill, and on all
        debatable motions and appeals in connection therewith, shall be
        limited to not more than 10 hours, which shall be divided
        equally between those favoring and those opposing the
        resolution. A motion further to limit debate is in order and
        not debatable. An amendment to, or a motion to postpone, or a
        motion to proceed to the consideration of other business, or a
        motion to recommit the implementation bill is not in order. A
        motion to reconsider the vote by which the implementation bill
        is agreed to or disagreed to is not in order.
            (4) Vote on final passage.--Immediately following the
        conclusion of the debate on an implementation bill, and a
        single quorum call at the conclusion of the debate if requested
        in accordance with the rules of the appropriate House, the vote
        on final passage of the implementation bill shall occur.
            (5) Rulings of the chair on procedure.--Appeals from the
        decisions of the Chair relating to the application of the rules
        of the Senate or the House of Representatives, as the case may
        be, to the procedure relating to an implementation bill shall
        be decided without debate.
    (d) Coordination With Action by Other House.--If, before the
passage by 1 House of an implementation bill of that House, that House
receives from the other House an implementation bill, then the
following procedures shall apply:
            (1) Nonreferral.--The implementation bill of the other
        House shall not be referred to a committee.
            (2) Vote on bill of other house.--With respect to an
        implementation bill of the House receiving the implementation
        bill--
                    (A) the procedure in that House shall be the same
                as if no implementation bill had been received from the
                other House; but
                    (B) the vote on final passage shall be on the
                implementation bill of the other House.
    (e) Rules of Senate and House of Representatives.--This section is
enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate
        and House of Representatives, respectively, and as such it is
        deemed a part of the rules of each House, respectively, but
        applicable only with respect to the procedure to be followed in
        that House in the case of an implementation bill described in
        subsection (a), and it supersedes other rules only to the
        extent that it is inconsistent with such rules; and
            (2) with full recognition of the constitutional right of
        either House to change the rules (so far as relating to the
        procedure of that House) at any time, in the same manner, and
        to the same extent as in the case of any other rule of that
        House.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be
necessary for carrying out this Act for each of the fiscal years 2004
through 2006.

Summary: Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs. And (2) submit to Congress a plan recommending agencies and programs that should be realigned or eliminated and proposing implementing legislation. Directs the President to: (1) establish a systematic method for assessing the effectiveness and accountability of agency programs. And (2) submit to the Commission assessments of not less than half of the programs that use such method. Prohibits the implementation of such method until it has been reviewed and accepted by the Commission, which shall consider such assessments submitted. Requires the President to identify common performance measures for programs having similar functions and provide the Commission with data on such measures.

A bill to establish a commission to conduct a comprehensive review of Federal agencies and programs and to recommend the elimination or realignment of duplicative, wasteful, or outdated functions, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Mandate Relief Act of
1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) Federal regulation of State and local governments has
        become increasingly extensive and intrusive in recent years;
            (2) such regulation has, in many instances--
                    (A) adversely affected the ability of State and
                local governments to achieve their independent
                responsibilities and meet their established priorities;
                and
                    (B) forced State and local governments to use
                existing revenue sources and to generate new property
                tax revenues to enable them to adhere to Federal
                mandates; and
            (3) the resulting excessive fiscal burdens on State and
        local governments also undermine the governments' ability to
        attain the goals of Federal regulations.
    (b) Purpose.--It is the purpose of this title to establish
procedures to ensure that the Federal Government pays the total amount
of additional costs incurred by State and local governments in
complying with intergovernmental regulations that take effect on or
after the date of enactment of this Act.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``additional costs'' means the amount of costs
        incurred by a State or local government solely in complying
        with an intergovernmental regulation promulgated pursuant to a
        significant Federal statute concerning a particular activity
        that is in excess of the amount that the State or local
        government would incur in carrying out that activity in the
        absence of the regulation, but does not include any amount that
        a State or local government is required or permitted by law to
        contribute as a non-Federal share under a Federal assistance
        program;
            (2) the term ``Director'' means the Director of the Office
        of Management and Budget;
            (3) the term ``Federal agency'' means a department, agency,
        or instrumentality in the executive branch of the United States
        Government, but does not include a mixed-ownership Government
        corporation;
            (4) the term ``Federal assistance'' means assistance
        provided by a Federal agency to a State or local government or
        other public or private recipient in the form of a grant, loan,
        loan guarantee, property, cooperative agreement, or technical
        assistance, but does not include direct cash assistance to a
        natural person, a contract for the procurement of goods or
        services for the United States, or insurance;
            (5) the term ``intergovernmental regulation'' means a
        statute, or a regulation promulgated by a Federal agency
        pursuant to a significant statute, that--
                    (A) requires a State or local government to--
                            (i) take certain actions; or
                            (ii) comply with certain conditions; and
                    (B) takes effect on or after the date of enactment
                of this Act;
            (6) the term ``local government'' means--
                    (A) a county, city, town, village, or other general
                purpose political subdivision of a State;
                    (B) a school district; and
                    (C) a unit of local government established under
                State law for a particular public purpose;
            (7) the term ``State'' means each of the States, the
        District of Columbia, Guam, the Commonwealth of Puerto Rico,
        the Commonwealth of the Northern Mariana Islands, the Virgin
        Islands, American Samoa, and the Trust Territory of the Pacific
        Islands.

SEC. 4. COMPENSATION OF STATE AND LOCAL GOVERNMENTS FOR ADDITIONAL
              COSTS.

    (a) In General.--An intergovernmental regulation may not be
enforced against a State or local government with respect to a fiscal
year--
            (1) unless there has been made an appropriation of Federal
        funds, and such funds have been made available, to all State
        and local governments for the fiscal year in an amount that is
        sufficient to reimburse all State or local governments for the
        total amount of additional costs that will be incurred by those
        governments in complying with the regulation during the fiscal
        year; or
            (2) Congress approves by a two-thirds vote of the members
        of each House of Congress, duly chosen and sworn, a joint
        resolution that waives subsection (a) with respect to that
        intergovernmental regulation and that fiscal year.
    (b) Determination of Additional Costs.--For the purposes of
subsection (a), the total amount of additional costs that will be
incurred by State governments and local governments in complying with
an intergovernmental regulation during a fiscal year shall be the total
amount of such costs for compliance with the regulation estimated by
the Director for the fiscal year in the report required under section 5
for the fiscal year.

SEC. 5. REPORT BY THE DIRECTOR.

    For each fiscal year in which an intergovernmental regulation will
be in effect, the Director, in consultation with representatives of
State and local governments, shall prepare and submit to the President
and the Congress, with the President's budget in January preceding the
beginning of a fiscal year, a report that contains an estimate, for
that fiscal year and the following fiscal year, of the total amount of
additional costs that have been incurred or will be incurred by each
State government and by each local government within each State in
complying with the intergovernmental regulation.

SEC. 6. PAYMENT OF REIMBURSEMENTS.

    (a) In General.--The head of a Federal agency that administers an
intergovernmental regulation shall pay to each State and local
government in each fiscal year the amount determined pursuant to this
section to reimburse the State and local governments in the State for
the additional costs incurred by those governments in complying with
the intergovernmental regulation during the fiscal year.
    (b) Amount Paid by a Federal Agency to a State or Local
Government.--The amount to be paid to a State or local government under
subsection (a) for a fiscal year shall be the amount of additional
costs specified for that State or local government in the report
submitted pursuant to section 5.
    (c) Inapplicability of Section.--This section does not apply with
respect to an intergovernmental regulation that will be in effect
during a fiscal year if, with respect to that intergovernmental
regulation and that fiscal year, a joint resolution described in
section 4(a)(2) is in effect.

SEC. 7. EFFECT OF SUBSEQUENT ENACTMENTS.

    No statute enacted after the date of enactment of this Act shall
supersede this Act unless the statute does so in specific terms,
referring to this Act, and declares that that statute supersedes this
Act.

Summary: Federal Mandate Relief Act of 1993 - Prohibits the enforcement of an intergovernmental regulation against a State or local government with respect to a fiscal year: (1) unless sufficient Federal funds have been appropriated to reimburse all State or local governments for the total additional costs that will be incurred by those governments in complying with the regulation during the fiscal year. Or (2) the Congress approves by a two-thirds vote of the Members of each House a joint resolution that waives such prohibition with respect to that intergovernmental regulation and that fiscal year. Specifies that the total additional costs that will be incurred by State and local governments in complying with an intergovernmental regulation during a fiscal year shall be the total compliance costs estimated by the Director of the Office of Management and Budget under this Act. Requires the Director, for each fiscal year in which an intergovernmental regulation will be in effect, to submit to the President and the Congress a report that contains an estimate for that fiscal year and the following fiscal year of the total additional costs that have been or will be incurred by each State and local government in complying with the regulation. Sets forth provisions with respect to reimbursements of State and local governments by Federal agencies.

Federal Mandate Relief Act of 1993


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eastern Sierra Rural Heritage and
Economic Enhancement Act''.

SEC. 2. DEFINITION OF SECRETARY.

     In this Act, the term ``Secretary'' means--
            (1) with respect to land under the jurisdiction of the
        Secretary of Agriculture, the Secretary of Agriculture; and
            (2) with respect to land under the jurisdiction of the
        Secretary of the Interior, the Secretary of the Interior.

SEC. 3. DESIGNATION OF WILDERNESS AREAS.

    In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) the
following areas in the State of California are designated as wilderness
areas and as components of the National Wilderness Preservation System:
            (1) Hoover wilderness addition.--
                    (A) Designation.--Certain land in the Humboldt-
                Toiyabe National Forest, comprising approximately
                39,680 acres, as generally depicted as Area C on the
                map entitled ``Hoover Proposed Wilderness Addition''
                and dated August 8, 2005, is incorporated in, and shall
                be deemed to be a part of the Hoover Wilderness as
                designated by Public Law 88-577.
                    (B) Operation and maintenance of piute cabin.--The
                designation under subparagraph (A) shall not preclude
                operation and maintenance of the existing historic
                Piute Cabin, located in the western portion of the
                Hoover Wilderness Addition, in the same manner and
                degree in which operation and maintenance of such cabin
                were occurring as of the date of introduction of this
                Act.
                    (C) No restriction on certain activities.--The
                designation under subparagraph (A) is not intended to
                restrict the ongoing activities of the adjacent United
                States Marine Corps Mountain Warfare Training Center on
                lands outside the wilderness under agreement with the
                Secretary.
            (2) Emigrant wilderness addition.--Certain land in the
        Humboldt-Toiyabe National Forest, comprising approximately 640
        acres, as generally depicted as Area D on the map entitled
        ``Hoover Proposed Wilderness Addition'' and dated August 8,
        2005, is incorporated in, and which shall be deemed to be a
        part of the Emigrant Wilderness as designated by Public Law 88-
        577.

SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.

    (a) Management.--Subject to valid existing rights, each area
designated as wilderness by this Act shall be administered by the
Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) except that--
            (1) any reference in that Act to the effective date shall
        be considered to be a reference to the date of the enactment of
        this Act; and
            (2) any reference in that Act to the Secretary of
        Agriculture shall be considered to be a reference to the
        Secretary that has jurisdiction over the wilderness.
    (b) Map and Description.--
            (1) In general.--As soon as practicable after the date of
        the enactment of this Act, the Secretary shall file a map and
        legal description of each wilderness area designated by this
        Act with--
                    (A) the Committee on Resources of the House of
                Representatives; and
                    (B) the Committee on Energy and Natural Resources
                of the Senate.
            (2) Force of law.--A map and legal description filed under
        paragraph (1) shall have the same force and effect as if
        included in this Act, except that the Secretary may correct
        errors in the map and legal description.
            (3) Public availability.--Each map and legal description
        filed under paragraph (1) shall be filed and made available for
        public inspection in the appropriate office of the Secretary.
    (c) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area designated by this Act that is
acquired by the United States shall--
            (1) become part of the wilderness area in which the land is
        located; and
            (2) be managed in accordance with this Act, the Wilderness
        Act (16 U.S.C. 1131 et seq.) and any other applicable law.
    (d) Withdrawal.--Subject to valid rights in existence on the date
of the enactment of this Act, the Federal land designated as wilderness
by this Act is withdrawn from all forms of--
            (1) entry, appropriation, or disposal under the public land
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) disposition under all laws pertaining to mineral and
        geothermal leasing or mineral materials.
    (e) Fire, Insect, and Disease Management Activities.--
            (1) In general.--The Secretary may take such measures in
        the wilderness areas designated by this act as are necessary
        for the control and prevention of fire, insects, and diseases,
        in accordance with--
                    (A) section 4(d)(1) of the Wilderness Act (16
                U.S.C. 1133(d)(1)); and
                    (B) House Report No. 98-40 of the 98th Congress.
            (2) Review.--Not later than 1 year after the date of the
        enactment of this Act, the Secretary shall review existing
        policies applicable to the wilderness areas designated by this
        Act to ensure that authorized approval procedures for any fire
        management measures allow a timely and efficient response to
        fire emergencies in the wilderness areas.
    (f) Snow Sensors and Stream Gauges.--If the Secretary determines
that hydrologic, meteorologic, or climatological instrumentation is
appropriate to further the scientific, educational, and conservation
purposes of the wilderness areas designated by this Act, nothing in the
Act shall prevent the installation and maintenance of the
instrumentation within the wilderness areas.
    (g) Military Activities.--Nothing in this Act precludes low-level
overflights of military aircraft, the designation of new units of
special airspace, or the use or establishment of military flight
training routes over wilderness areas designated by this Act.
    (h) Livestock.--Grazing of livestock and the maintenance of
existing facilities related to grazing in the wilderness areas
designated by this Act, established before the date of the enactment of
this Act shall be permitted to continue in accordance with--
            (1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
        1133(d)(4)); and
            (2) the guidelines set forth in Appendix A of the report of
        the Committee on Interior and Insular Affairs of the House of
        Representatives accompanying H.R. 2570 of the 101st Congress
        (H. Rept. 101-405).
    (i) Fish and Wildlife Management.--
            (1) In general.--In furtherance of the purposes of the
        Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may
        carry out management activities to maintain or restore
        populations and habitats for fish and wildlife in wilderness
        areas designated by this Act if such activities are--
                    (A) consistent with applicable wilderness
                management plans; and
                    (B) carried out in accordance with applicable
                guidelines and policies.
            (2) State jurisdiction.--Nothing in this Act affects the
        jurisdiction of the State of California with respect to fish
        and wildlife on public land.
    (j) Adjacent Management.--
            (1) In general.--Nothing in this Act creates protective
        perimeters or buffer zones around the wilderness areas
        designated by this Act.
            (2) Non-wilderness activities.--The fact that non-
        wilderness activities or uses can be seen or heard from areas
        within a wilderness area designated by this Act shall not
        preclude the conduct of those activities or uses outside the
        boundary of the wilderness area.

SEC. 5. WILD AND SCENIC RIVER DESIGNATION.

    (a) Designation of the Amargosa Wild and Scenic River,
California.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:
            ``(167) Amargosa river, california.--The following segments
        of the Amargosa River in the State of California, to be
        administered by the Secretary of Interior:
                    ``(A) The approximately 4.03 miles of the Amargosa
                River from the northern boundary of section 7 T21N R7E
                to 100 feet upstream of the Tecopa Hot Springs road
                crossing, as a scenic river.
                    ``(B) The approximately 6.69 miles of the Amargosa
                River from 100 feet downstream of the Tecopa Hot
                Springs Road crossing to 100 feet upstream of the Old
                Spanish Trail Highway crossing near Tecopa, as a scenic
                river.
                    ``(C) The approximately 7.82 miles of the Amargosa
                River from the northern boundary of section 16 T20N R7E
                to the boundary of the Kingston Range Wilderness
                excluding the Sperry Wash OHV corridor in section 10
                T19N R7E, as a wild river.
                    ``(D) The approximately 5.41 miles of the Amargosa
                River from the boundary of the Kingston Range
                Wilderness in section 10 T19N R7E to the southern
                boundary of section 31 T19N R7E, as a recreational
                river.''.

SEC. 6. APPROPRIATIONS FOR WINTER MANAGEMENT OF THE HUMBOLDT-TOIYABE
              NATIONAL FOREST.

     There is authorized to be appropriated $2,000,000 annually to the
Secretary of Agriculture for management and enforcement of snowmobile
use in areas adjacent to the Hoover Wilderness Addition in the
Humboldt-Toiyabe National Forest.

Summary: Eastern Sierra Rural Heritage and Economic Enhancement Act - Designates as wilderness areas and components of the National Wilderness Preservation System certain lands in the Humboldt-Toiyabe National Forest, which shall be deemed part of the Hoover Wilderness and Emigrant Wilderness. Authorizes appropriations for management and enforcement of snowmobile use on such lands. Amends the Wild and Scenic Rivers Act to designate specified segments of the the Amargosa River, California, as a component of the national wild and scenic rivers system.

To maintain the rural heritage of the Eastern Sierra and enhance the region's tourism economy by designating certain public lands as wilderness and certain rivers as wild and scenic rivers in the State of California, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reclamation Title Transfer Act of
2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Eligible facility.--The term ``eligible facility''
        means a reclamation project or facility, or a portion of such a
        project or facility (which may include dams and appurtenant
        works, water rights, infrastructure, recreational facilities,
        buildings, distribution and drainage works, and associated
        lands or interests in lands or water) that meets the criteria
        for potential transfer established pursuant to section 5.
            (2) Qualifying entity.--The term ``qualifying entity''
        means an agency of a State or local government or an Indian
        tribe, a municipal corporation, public agency, or other entity
        such as a water district, that--
                    (A) held or holds a water service contract,
                repayment contract, water rights settlement contract or
                exchange contract providing for water service from the
                eligible facility to be transferred; and
                    (B) as determined by the Secretary has the capacity
                to continue to manage the conveyed property for the
                same purposes that the property has been managed under
                reclamation law.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (4) Conveyed property.--The term ``conveyed property''
        means an eligible facility that has been transferred out of
        Federal ownership under this Act.

SEC. 3. AUTHORIZATION OF TITLE TRANSFER PROGRAM.

    (a) Title Transfer Program.--Not later than one year after the date
of the enactment of this Act, the Secretary shall establish a program
to--
            (1) identify and analyze the potential for public benefits
        from the transfer out of Federal ownership of eligible
        facilities, which may include an analysis of the financial,
        operational, water supply, and environmental characteristics of
        the properties proposed for transfer; and
            (2) facilitate transfer of title of eligible facilities out
        of Federal ownership to promote more efficient management of
        water and water-related facilities.
    (b) Authorization To Transfer Title to Eligible Facilities.--The
Secretary, without further authorization from Congress, is authorized
to convey all right, title, and interest in any eligible facility to a
qualifying entity, provided that--
            (1) the Secretary shall retain any mineral interests
        associated with the conveyed property, but all mineral
        interests retained by the United States under this Act shall be
        managed consistent with Federal law in a manner so as not to
        interfere with the purposes for which the eligible facility was
        authorized;
            (2) interests in water shall be conveyed under this Act by
        a written Agreement between the Secretary and the qualifying
        entity; and
            (3) interests in eligible facilities shall be conveyed
        under this Act by a written Agreement between the Secretary and
        the qualifying entity, developed in consultation with the
        existing power customers of the eligible facility.

SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AND HISTORIC PRESERVATION LAWS.

    Before conveying land and facilities under this Act, the Secretary
shall complete all actions required under all applicable laws,
including--
            (1) the National Environmental Policy Act of 1969 (42
        U.S.C. 4321 et seq.);
            (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
        seq.); and
            (3) the National Historic Preservation Act of 1966 (16
        U.S.C. 470a et seq.).

SEC. 5. ELIGIBILITY CRITERIA FOR TITLE TRANSFER UNDER THIS ACT.

    Not later than one year after the date of the enactment of this
Act, the Secretary shall establish criteria for determining whether
facilities are eligible for title transfer under this Act. The criteria
shall include the following minimum requirements:
            (1) A qualifying entity agrees to accept title to the
        property proposed for transfer.
            (2) The proposed title transfer will not have an
        unmitigated significant effect on the environment.
            (3) The qualifying entity intends to use the property for
        substantially the same purposes the property is being used for
        at the time the Secretary evaluates the potential transfer.
            (4) The transfer is consistent with the Secretary's
        responsibility to protect land and water resources held in
        trust for federally recognized Indian tribes.
            (5) The transfer is consistent with the Secretary's
        responsibility to ensure compliance with international treaties
        and interstate compacts.
            (6) The qualifying entity agrees to provide, as
        consideration for the assets to be conveyed, compensation to
        the United States worth the equivalent of the net present value
        of any repayment obligation to the United States or other
        income stream the United States derives from the assets to be
        transferred at the time of the transfer.
            (7) Interests in water shall only be eligible for
        conveyance under this Act--
                    (A) in connection with a conveyance of title to
                associated land or infrastructure; and
                    (B) when the qualifying entity already has a
                contractual right to delivery or other interest or use
                right in the water being considered for conveyance.
            (8) No conveyance under this Act may--
                    (A) adversely impact power rates or repayment
                obligations; or
                    (B) include a Federal facility that produces power
                that is sold to or eligible to be sold to power
                customers pursuant to section 9(c) of the Reclamation
                Project Act of 1939 (43 U.S.C. 485h(c)).

SEC. 6. LIABILITY.

    Effective upon the date of conveyance of any eligible facility
pursuant to this Act, the United States shall not be liable under any
law for damages of any kind arising out of any act, omission, or
occurrence based on its prior ownership or operation of the conveyed
property.

SEC. 7. BENEFITS.

    After a conveyance of title under this Act--
            (1) the conveyed property shall not be considered to be a
        part of a Federal reclamation project; and
            (2) the entity to which the property is conveyed shall not
        be eligible to receive any benefits, including project power,
        with respect to the conveyed property, except benefits that
        would be available to a similarly situated entity with respect
        to property that is not part of a Federal reclamation project.

SEC. 8. COMPLIANCE WITH OTHER LAWS.

    (a) In General.--After a conveyance of title under this Act, the
entity to which the property is conveyed shall comply with all
applicable Federal, State, and local laws and regulations in its
operation of the conveyed property.
    (b) Applicable Authority.--In accordance with section 213(a) and
(b) of the Reclamation Reform Act of 1982 (96 Stat. 1269), the
ownership and full-cost pricing limitations of Federal reclamation law
(the Act of June 17, 1902 (43 U.S.C. 371 et seq.), and Acts
supplementary thereto and amendatory thereof) shall not apply to water
in which an interest is conveyed to a qualifying entity under this Act,
except that all provisions of Federal reclamation law shall be
applicable to project water provided to the entity from facilities that
are part of a Federal reclamation project.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be
necessary to carry out this Act. These funds may be used to carry out
the investigations authorized under this Act, and for other costs
associated with title transfer under this Act, including an appropriate
Federal share of the costs of compliance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
applicable Federal law. Expenditures made by the Secretary under this
Act shall not be a project cost assignable to any Federal reclamation
project and shall be nonreimbursable.

SEC. 10. REPORT.

    Not later than two years after the date that funds are made
available for this Act, the Secretary shall submit a report to the
Natural Resources Committee of the House of Representatives and the
Energy and Natural Resources Committee of the Senate. The report
shall--
            (1) describe actions taken to implement this Act;
            (2) list conveyances made under this Act;
            (3) state the amount of Federal funds obligated or expended
        to carry out this Act; and
            (4) describe factors that limit conveyances under in this
        Act.

SEC. 11. RECLAMATION LAW.

    This Act shall amend and supplement the Act of June 17, 1902 (32
Stat. 388, chapter 1093), and Acts supplementary thereto and amendatory
thereof (43 U.S.C. 371 et seq.).

Summary: Reclamation Title Transfer Act of 2008 - Directs the Secretary of the Interior to establish a program to: (1) identify and analyze the potential for public benefits from the transfer out of federal ownership of eligible reclamation projects or facilities. And (2) facilitate such transfer to promote more efficient management of water and water-related facilities. Authorizes the Secretary to convey title in any such facility to a qualifying entity , provided that: (1) the Secretary retains any associated mineral interests, (2) water interests are conveyed by written agreement. And (3) interests in eligible facilities are conveyed by an agreement developed in consultation with the facility's existing power customers. Requires the Secretary to: (1) complete all actions required under all applicable laws before conveying land and facilities. And (2) establish criteria for determining whether facilities are eligible for title transfer, including requirements that a qualifying entity agrees to accept title to the property and that the proposed title transfer will not have an unmitigated significant effect on the environment. Shields the United States from liability for any act, omission, or occurrence based on its prior ownership or operation of the conveyed property. Requires a recipient entity to comply with all applicable laws and regulations in its operation of conveyed property.

To authorize the Secretary of the Interior to establish a program to facilitate the transfer to non-Federal ownership of appropriate reclamation projects or facilities, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Protection and Infrastructure
Act of 1998''.

SEC. 2. FELONY PUNISHMENT FOR VIOLENCE COMMITTED ALONG THE UNITED
              STATES BORDER.

    (a) In General.--Chapter 27 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 554. Violence while eluding inspection or during violation of
              arrival, reporting, entry, or clearance requirements
    ``(a) Whoever attempts to commit or commits a crime of violence
during and in relation to--
            ``(1) attempting to elude or eluding customs, immigration,
        or agriculture inspection or failing to stop at the command of
        an officer of customs, immigration, or animal and plant and
        health inspection services; or
            ``(2) an intentional violation of arrival, reporting,
        entry, or clearance requirements, as set forth in a provision
        of law listed in subsection (c);
shall be fined under this title or imprisoned for not more than 5
years, or both, except that if bodily injury (as defined in section
1365(g) of this title) results, the maximum term of imprisonment is 10
years, and if death results, the offender may be imprisoned for any
term of years or for life, and may be sentenced to death.
    ``(b) If 2 or more persons conspire to commit an offense under
subsection (a), and 1 or more of such persons do any act to effect the
object of the conspiracy, each shall be punishable as a principal,
except that the sentence of death may not be imposed.
    ``(c) The provisions of law referred to in subsection (a) are--
            ``(1) section 107 of the Federal Plant Pest Act (7 U.S.C.
        150ff);
            ``(2) section 7 of the Federal Noxious Weed Act of 1974 (7
        U.S.C. 2806);
            ``(3) section 431, 433, 434, or 459 of the Tariff Act of
        1930 (19 U.S.C. 1431, 1433, 1434, 1459);
            ``(4) section 6 of the Act of August 30, 1890 (21 U.S.C.
        105; Chapter 839, 26 Stat. 416);
            ``(5) section 2 of the Act of February 2, 1903 (21 U.S.C.
        111; Chapter 349, 32 Stat. 791);
            ``(6) section 231, 232, 234, 235, 236, 237, or 238 of the
        Immigration and Nationality Act (8 U.S.C. 1221, 1222, 1224,
        1225, 1226, 1227, 1228); or
            ``(7) section 4197 of the Revised Statutes of the United
        States (46 U.S.C. App. 91), section 111 of title 21, United
        States Code.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 27 of title 18, United States Code, is amended by inserting at
the end the following new item:

``554. Violence while eluding inspection or during violation of
                            arrival, reporting, entry, or clearance
                            requirements.''.

SEC. 3. INCREASED PENALTY FOR FALSE STATEMENT OFFENSE.

    Section 542 of title 18, United States Code, is amended by striking
``two years'' and inserting ``5 years''.

SEC. 4. SANCTIONS FOR FAILURE TO LAND OR HEAVE TO, OBSTRUCTING A LAWFUL
              BOARDING, AND PROVIDING FALSE INFORMATION.

    (a) In General.--Chapter 109 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2237. Sanctions for failure to heave to; sanctions for
              obstruction of boarding and providing false information
    ``(a)(1) It shall be unlawful for the master, operator, or person
in charge of a vessel of the United States or a vessel subject to the
jurisdiction of the United States, to fail to obey an order to heave to
that vessel on being ordered to do so by an authorized Federal law
enforcement officer.
    ``(2) It shall be unlawful for any person on board a vessel of the
United States or a vessel subject to the jurisdiction of the United
States knowingly or willfully to--
            ``(A) fail to comply with an order of an authorized Federal
        law enforcement officer in connection with the boarding of the
        vessel;
            ``(B) impede or obstruct a boarding or arrest, or other law
        enforcement action authorized by any Federal law; or
            ``(C) provide false information to a Federal law
        enforcement officer during a boarding of a vessel regarding the
        vessel's destination, origin, ownership, registration,
        nationality, cargo, or crew.
    ``(3)(A) It shall be unlawful for the pilot, operator, or person in
charge of an aircraft which has crossed the border of the United
States, or an aircraft subject to the jurisdiction of the United States
operating outside the United States, to knowingly fail to obey an order
to land by an authorized Federal law enforcement officer who is
enforcing the laws of the United States relating to controlled
substances, as that term is defined in section 102(6) of the Controlled
Substances Act (21 U.S.C. 802(6)), or relating to money laundering
(sections 1956-57 of this title).
    ``(B) The Administrator of the Federal Aviation Administration, in
consultation with the Commissioner of Customs and the Attorney General,
shall prescribe regulations governing the means by, and circumstances
under which a Federal law enforcement officer may communicate an order
to land to a pilot, operator, or person in charge of an aircraft. Such
regulations shall ensure that any such order is clearly communicated in
accordance with applicable international standards. Further, such
regulations shall establish guidelines based on observed conduct, prior
information, or other circumstances for determining when an officer may
use the authority granted under subparagraph (A).
    ``(b) This section does not limit in any way the preexisting
authority of a customs officer under section 581 of the Tariff Act of
1930 or any other provision of law enforced or administered by the
Customs Service, or the preexisting authority of any Federal law
enforcement officer under any law of the United States to order an
aircraft to land or a vessel to heave to.
    ``(c) A foreign nation may consent or waive objection to the
enforcement of United States law by the United States under this
section by international agreement or, on a case-by-case basis, by
radio, telephone, or similar oral or electronic means. Consent or
waiver may be proven by certification of the Secretary of State or the
Secretary's designee.
    ``(d) For purposes of this section--
            ``(1) the terms `vessel of the United States' and `vessel
        subject to the jurisdiction of the United States' have the
        meanings set forth for these terms, respectively, in the
        Maritime Drug Law Enforcement Act (46 App. U.S.C. 1903);
            ``(2) the term `heave to' means to cause a vessel to slow
        or come to a stop to facilitate a law enforcement boarding by
        adjusting the course and speed of the vessel to account for the
        weather conditions and sea state;
            ``(3) an aircraft `subject to the jurisdiction of the
        United States' includes--
                    ``(A) an aircraft located over the United States or
                the customs waters of the United States;
                    ``(B) an aircraft located in the airspace of a
                foreign nation, where that nation consents to the
                enforcement of United States law by the United States;
                and
                    ``(C) over the high seas, an aircraft without
                nationality, an aircraft of United States registry, or
                an aircraft registered in a foreign nation that has
                consented or waived objection to the enforcement of
                United States law by the United States;
            ``(4) an aircraft `without nationality' includes--
                    ``(A) an aircraft aboard which the pilot, operator,
                or person in charge makes a claim of registry, which
                claim is denied by the nation whose registry is
                claimed; and
                    ``(B) an aircraft aboard which the pilot, operator,
                or person in charge fails, upon request of an officer
                of the United States empowered to enforce applicable
                provisions of United States law, to make a claim of
                registry for that aircraft; and
            ``(5) the term `Federal law enforcement officer' has the
        meaning set forth in section 115 of this title.
    ``(e) Whoever intentionally violates this section shall be fined
under this title or imprisoned for not more than 5 years, or both.
    ``(f) An aircraft or vessel that is used in violation of this
section may be seized and forfeited to the United States. The laws
relating to the seizure, summary and judicial forfeiture, and
condemnation of property for violation of the customs laws, the
disposition of such property or the proceeds from the sale thereof, the
remission or mitigation of such forfeitures, and the compromise of
claims, shall apply to seizures and forfeitures undertaken, or alleged
to have been undertaken, under any of the provisions of this section;
except that such duties as are imposed upon the customs officer or any
other person with respect to the seizure and forfeiture of property
under the customs laws shall be performed with respect to seizures and
forfeitures of property under this section by such officers, agents, or
other persons as may be authorized or designated for that purpose. An
aircraft or vessel that is used in violation of this section is also
liable in rem for any fine imposed under this section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 109 of title 18, United States Code, is amended by adding at
the end the following new item:

``2237. Sanctions for failure to heave to; sanctions for obstruction of
                            boarding or providing false information.''.

SEC. 5. CIVIL PENALTIES TO SUPPORT MARITIME LAW ENFORCEMENT.

    (a) In General.--Chapter 17 of title 14, United States Code, is
amended by adding at the end the following new section:
``Sec. 676. Civil penalty for failure to comply with vessel boarding
    ``(a) Any person that engages in conduct that violates section
2237(a) (1) or (2) of title 18, United States Code, shall be liable to
the United States Government--
            ``(1) for a civil penalty of not more than $25,000, in the
        case of an intentional violation; or
            ``(2) for a civil penalty of not more than $15,000, in the
        case of any other violation.
    ``(b) A vessel used to engage in conduct for which a penalty is
imposed under subsection (a) is liable in rem for that penalty and may
be seized, forfeited, and sold in accordance with customs laws.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 14, United States Code, is amended by adding at the
end the following new item:

``676. Civil penalty for failure to comply with vessel boarding.''.

SEC. 6. INCREASED NUMBER OF BORDER PATROL AGENTS.

    Section 101(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-553) is
amended to read as follows:
    ``(a) Increased Number of Border Patrol Agents.--The Attorney
General shall increase the number of positions for full-time, active-
duty border patrol agents within the Immigration and Naturalization
Service to achieve a level of 20,000 positions by fiscal year 2003.''.

SEC. 7. BORDER PATROL PURSUIT POLICY.

    Within ten miles of the international border of the United States,
a border patrol agent of the United States Border Patrol may not cease
pursuit of an alien who the agent suspects has unlawfully entered the
United States, or an individual who the agent suspects has unlawfully
imported a narcotic into the United States, until State or local law
enforcement authorities are in pursuit of the alien or individual and
have the alien or individual in their visual range.

SEC. 8. AUTHORIZATION FOR BORDER PATROL TO INTERDICT THE IMPORTATION OF
              NARCOTICS.

    The United States Border Patrol within the Department of Justice
shall have as one of it functions the prevention of unlawful
importation of narcotics into the United States and confiscation of
such narcotics.

SEC. 9. CONSTRUCTION OF BARRIERS AND ROADS TO DETER DRUG TRAFFICKING.

    (a) In General.--(1) The Attorney General, in consultation with the
Commissioner of Immigration and Naturalization, may take such actions
as necessary (including the removal of obstacles to the detection of
illegal entrants into the United States) to install multilayered
barriers and roads in the vicinity of the United States border for the
purpose of deterring drug trafficking in areas of high drug trafficking
into the United States. In determining the locations for such
multilayered barriers and roads, the Attorney General shall consider,
but not limit consideration to, the following sites:
            (A) The San Diego-Tijuana corridor.
            (B) The Calexico-Mexicali corridor.
            (C) The Yuma-San Luis corridor.
            (D) The Douglas-Nogales corridor.
            (E) The El Paso-Juarez corridor.
            (F) The Presidio-Ojinaga corridor.
            (G) The Del Rio-Acuna corridor.
            (H) The Eagle Pass-Piedras Negras corridor.
            (I) The Laredo-Nueva Laredo corridor.
            (J) The Rio Grand City-Roma corridor.
            (K) The McAllen corridor.
            (L) The Brownsville-Matamoras corridor.
    (2) The Attorney General, acting under the authority contained in
section 103(b) of the Immigration and Nationality Act, shall promptly
acquire such easements as may be necessary to carry out this section
and shall commence construction of multilayered barriers and roads
immediately following such acquisition (or conclusion of portions
thereof).
    (3) The Attorney General, while constructing multilayered barriers
and roads under this section, shall incorporate such safety features
into the design of the multilayered barriers and roads as are necessary
to ensure the well being of border patrol agents deployed within, or in
near proximity to, the system.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
Amounts appropriated pursuant to this subsection shall remain available
until expended.

Summary: Border Protection and Infrastructure Act of 1998 - Amends the Federal criminal code to prohibit and set penalties for committing a crime of violence during and in relation to: (1) eluding customs, immigration, or agriculture inspection or failing to stop at the command of an officer of customs, immigration, or animal and plant and health inspection services. Or (2) an intentional violation of specified arrival, reporting, entry, or clearance requirements . Specifies that if two or more persons conspire to commit such an offense, and one or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the death sentence may not be imposed. Increases the penalty for entry of goods by means of false statements. Prohibits the master, operator, or person in charge of a vessel of, or subject to the jurisdiction of, the United States from failing to obey an order to heave to that vessel upon being ordered to do so by an authorized Federal law enforcement officer. Prohibits any person on board from knowingly or willfully: (1) failing to comply with an order of such an officer in connection with the boarding of the vessel. (2) impeding or obstructing a boarding, arrest, or other law enforcement action authorized by Federal law. Or (3) providing false information to such an officer during a boarding regarding the vessel's destination, origin, ownership, registration, nationality, cargo, or crew. Prohibits the pilot, operator, or person in charge of an aircraft which has crossed the US border, or an aircraft subject to US jurisdiction operating outside the United States, from knowingly failing to obey an order to land by such an officer who is enforcing US laws relating to controlled substances or money laundering. Directs the Administrator of the Federal Aviation Administration to prescribe regulations governing the means by, and circumstances under which, such an officer may communicate an order to land. Authorizes a foreign nation to consent or waive objection to such enforcement of US law by the United States by international agreement or, on a case-by-case basis, by radio, telephone, or similar oral or electronic means. Sets penalties for intentional violations. Authorizes seizure and forfeiture to the United States of an aircraft or vessel used in violations. Establishes civil penalties for failure to comply with vessel boarding. Directs the Attorney General to increase the number of positions for full-time, active-duty border patrol agents within the Immigration and Naturalization Service to achieve a level of 20,000 positions by FY 2003. Prohibits a US Border Patrol agent, within ten miles of the US international border, from ceasing pursuit of an alien suspecting of unlawfully entering the United States, or of an individual suspected of unlawfully importing a narcotic into the United States, until State or local law enforcement authorities are in pursuit of the alien or individual and have the alien or individual in their visual range. Authorizes: (1) the Border Patrol to interdict the importation of narcotics. And (2) the Attorney General to install multi-layered barriers and roads in the US border vicinity to deter drug trafficking in high drug trafficking areas. Authorizes appropriations.