SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting
Consumer Phone Records Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Unauthorized acquisition, use, or sale of confidential customer
                            proprietary network telephone information.
Sec. 3. Enhanced confidentiality procedures.
Sec. 4. Penalties; extension of confidentiality requirements to other
                            entities.
Sec. 5. Enforcement by Federal Trade Commission.
Sec. 6. Concurrent enforcement by Federal Communications Commission.
Sec. 7. Enforcement by States.
Sec. 8. Preemption of State law.
Sec. 9. Consumer outreach and education.

SEC. 2. UNAUTHORIZED ACQUISITION, USE, OR SALE OF CONFIDENTIAL CUSTOMER
              PROPRIETARY NETWORK TELEPHONE INFORMATION.

    (a) In General.--It is unlawful for any person--
            (1) to acquire or use the customer proprietary network
        information of another person without that person's affirmative
        written consent, which shall include electronic consent that
        meets the requirements of the Electronic Signatures in Global
        and National Commerce Act (15 U.S.C. 7001 et seq.);
            (2) to misrepresent that another person has consented to
        the acquisition or use of such other person's customer
        proprietary network information in order to acquire such
        information;
            (3) to obtain unauthorized access to the data processing
        system or records of a telecommunications carrier or an IP-
        enabled voice service provider in order to acquire the customer
        proprietary network information of 1 or more other persons;
            (4) to sell, or offer for sale, customer proprietary
        network information; or
            (5) to request that another person obtain customer
        proprietary network information from a telecommunications
        carrier or IP-enabled voice service provider, knowing that the
        other person will obtain the information from such carrier or
        provider in any manner that is unlawful under this subsection.
    (b) Exceptions.--
            (1) Application with section 222 of communications act of
        1934.--Subsection (a) does not prohibit a telecommunications
        carrier or an IP-enabled voice service provider or any third
        party that lawfully obtains customer proprietary network
        information from a carrier or provider from engaging in any act
        or practice that was not prohibited by section 222 of the
        Communications Act of 1934 (47 U.S.C. 222) or regulations that
        are consistent with the provisions of section 222, as that
        section and those regulations were in effect on the day before
        the date of enactment of this Act.
            (2) Application of other laws.--This Act does not prohibit
        any act or practice otherwise authorized by law, including any
        lawfully authorized investigative, protective, or intelligence
        activity of a law enforcement agency or the United States, a
        State, or a political subdivision of a State, or an
        intelligence agency of the United States.
            (3) Treatment of ip-enabled voice service providers.--
        Notwithstanding any other provision of this section, an IP-
        enabled voice service provider may engage in any act or
        practice with respect to customer proprietary network
        information in which a telecommunications carrier may engage
        under paragraph (1) of this subsection.
            (4) Caller id.--Nothing in this Act prohibits the use of
        caller identification services by any person to identify the
        originator of telephone calls received by that person.
    (c) Private Right of Action for Providers.--
            (1) In general.--A telecommunications carrier or IP-enabled
        voice service provider may bring a civil action in an
        appropriate State court, or in any United States district court
        that meets applicable requirements relating to venue under
        section 1391 of title 28, United States Code, or for any
        judicial district in which the carrier or service provider
        resides or conducts business--
                    (A) based on a violation of this section or the
                regulations prescribed under this section to enjoin
                such violation;
                    (B) to recover for actual monetary loss from such a
                violation, or to receive $11,000 in damages for each
                such violation, whichever is greater; or
                    (C) both.
            (2) Treble damages.--If the court finds that the defendant
        willfully or knowingly violated this section or the regulations
        prescribed under this section, the court may, in its
        discretion, increase the amount of the award to an amount equal
        to not more than 3 times the amount available under paragraph
        (1) of this subsection.
            (3) Inflation adjustment.--The $11,000 amount in paragraph
        (1)(B) shall be adjusted for inflation as if it were a civil
        monetary penalty, as defined in section 3(2) of the Federal
        Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C.
        2461 note).
    (d) Private Right of Action for Consumers.--
            (1) In general.--An individual who has been injured as a
        direct result of his or her confidential proprietary network
        information being obtained, used, or sold in violation of this
        section may file a civil action in any court of competent
        jurisdiction against the person who caused the injury by
        violating this section.
            (2) Remedies.--A court in which such civil action has been
        brought may award damages of not more than $11,000 for each
        violation of this section with respect to the plaintiff's
        customer proprietary network information.
            (3) Treble damages.--If the court finds that the defendant
        willfully or knowingly violated this section or the regulations
        prescribed under this section, the court may, in its
        discretion, increase the amount of the award to not more than 3
        times the damages determined by the court under paragraph (2).
            (4) Inflation adjustment.--The $11,000 amount in paragraph
        (2) shall be adjusted for inflation as if it were a civil
        monetary penalty, as defined in section 3(2) of the Federal
        Civil Penalties Inflation Adjustment Act of 1996 (28 U.S.C.
        2461 note).
    (e) Civil Penalty.--
            (1) In general.--Any person who violates this section shall
        be subject to a civil penalty of not more than $11,000 for each
        violation or each day of a continuing violation, except that
        the amount assessed for any continuing violation shall not
        exceed a total of $11,000,000 for any single act or failure to
        act.
            (2) Separate violations.--A violation of this section with
        respect to the customer proprietary network information of 1
        person shall be treated as a separate violation from a
        violation with respect to the customer proprietary network
        information of any other person.
    (f) Limitation.--Nothing in this Act or section 222 of the
Communications Act of 1934 (47 U.S.C. 222) authorizes a customer to
bring a civil action against a telecommunications carrier or an IP-
enabled voice service provider.
    (g) Definitions.--In this section:
            (1) Customer proprietary network information.--The term
        ``customer proprietary network information'' has the meaning
        given that term by--
                    (A) section 222(i)(1) of the Communications Act of
                1934 (47 U.S.C. 222(i)(1)) with respect to
                telecommunications carriers; and
                    (B) section 715(b)(1) of such Act with respect to
                IP-enabled voice service providers.
            (2) IP-enabled voice service.--The term ``IP-enabled voice
        service'' means the provision of real-time 2-way voice
        communications offered to the public, or such classes of users
        as to be effectively available to the public, transmitted
        through customer premises equipment using TCP/IP protocol, or a
        successor protocol, for a fee (whether part of a bundle of
        services or separately) with interconnection capability such
        that the service can originate traffic to, or terminate traffic
        from, the public switched telephone network.
            (3) Telecommunications carrier.--The term
        ``telecommunications carrier'' has the meaning given it by
        section 3(44) of the Communications Act of 1934 (47 U.S.C.
        3(44)).

SEC. 3. ENHANCED CONFIDENTIALITY PROCEDURES.

    (a) In General.--Within 180 days after the date of enactment of
this Act, the Federal Communications Commission shall--
            (1) revise or supplement its regulations, to the extent the
        Commission determines it is necessary, to require a
        telecommunications carrier or IP-enabled voice service provider
        to protect--
                    (A) the security and confidentiality of customer
                proprietary network information (as defined in section
                222(i)(1) of the Communications Act of 1934 (47 U.S.C.
                222(i)(1)) or as defined in section 715(b)(1) of such
                Act with respect to IP-enabled voice service
                providers);
                    (B) customer proprietary network information
                against any anticipated threats or hazards to its
                security or confidentiality; and
                    (C) customer proprietary network information from
                unauthorized access or use that could result in
                substantial harm or inconvenience to its customers; and
            (2) ensure that any revised or supplemental regulations are
        similar in scope and structure to the Federal Trade
        Commission's regulations in part 314 of title 16, Code of
        Federal Regulations, as such regulations are in effect on the
        date of enactment of this Act, taking into consideration the
        differences between financial information and customer
        proprietary network information.
    (b) Compliance Certification.--Each telecommunications carrier and
IP-enabled voice service provider to which the regulations under
subsection (a) and section 222 or 715 of the Communications Act of 1934
apply shall file with the Commission annually a certification that, for
the period covered by the filing, it has been in compliance with those
requirements.

SEC. 4. PENALTIES; EXTENSION OF CONFIDENTIALITY REQUIREMENTS TO OTHER
              ENTITIES.

    (a) Penalties.--Title V of the Communications Act of 1934 (47
U.S.C. 501 et seq.) is amended by inserting after section 508 the
following:

``SEC. 509. PENALTIES FOR CONFIDENTIAL CUSTOMER PROPRIETARY NETWORK
              INFORMATION VIOLATIONS.

    ``(a) Civil Forfeiture.--
            ``(1) In general.--Any person determined by the Commission,
        in accordance with paragraphs (3) and (4) of section 503(b), to
        have violated section 2 of the Protecting Consumer Phone
        Records Act shall be liable to the United States for a
        forfeiture penalty. A forfeiture penalty under this subsection
        shall be in addition to any other penalty provided for by this
        Act. The amount of the forfeiture penalty determined under this
        subsection shall not exceed $30,000 for each violation, or 3
        times that amount for each day of a continuing violation,
        except that the amount assessed for any continuing violation
        shall not exceed a total of $3,000,000 for any single act or
        failure to act.
            ``(2) Recovery.--Any forfeiture penalty determined under
        paragraph (1) shall be recoverable pursuant to section 504(a)
        of this Act.
            ``(3) Procedure.--No forfeiture liability shall be
        determined under paragraph (1) against any person unless such
        person receives the notice required by section 503(b)(3) or
        section 503(b)(4) of this Act.
            ``(4) 2-year statute of limitations.--No forfeiture penalty
        shall be determined or imposed against any person under
        paragraph (1) if the violation charged occurred more than 2
        years prior to the date of issuance of the required notice or
        notice or apparent liability.''.
    (b) Extension of Confidentiality Requirements to IP-Enabled Voice
Service Providers.--
            (1) In general.--Title VII of the Communications Act of
        1934 (47 U.S.C. 601 et seq.) is amended by adding at the end
        thereof the following:

``SEC. 715. PROTECTION OF CUSTOMER PROPRIETARY NETWORK INFORMATION BY
              IP-ENABLED VOICE SERVICE PROVIDERS.

    ``(a) In General.--
            ``(1) General duty of confidentiality.--An IP-enabled voice
        service provider has a duty to protect the confidentiality of
        proprietary information of, and relating to, other IP-enabled
        voice service providers, telecommunications carriers, equipment
        manufacturers, and customers, including telecommunications
        carriers reselling telecommunications services provided by
        another telecommunications carrier or an IP-enabled voice
        service provider.
            ``(2) Carrier information.--An IP-enabled voice service
        provider that receives or obtains proprietary information from
        a telecommunications carrier or another IP-enabled voice
        service provider for purposes of providing any
        telecommunications service shall use such information only for
        such purpose, and shall not use such information for its own
        marketing efforts.
            ``(3) Customer proprietary network information.--Within 90
        days after the date of enactment of the Protecting Consumer
        Phone Records Act, the Commission shall initiate a rulemaking
        proceeding to apply the requirements of section 222, and
        regulations thereunder, to IP-enabled voice service providers
        to the same extent, in the same manner, and subject to the same
        penalties for failure to comply with those requirements as are
        applicable to telecommunications carriers.
    ``(b) Definitions.--In this section:
            ``(1) Customer proprietary network information.--The term
        `customer proprietary network information' has the meaning
        given that term by section 222(i) of this Act, except that--
                    ``(A) the reference in section 222(i)(1)(B) of this
                Act to telephone exchange service or telephone toll
                service shall be considered to refer also to IP-enabled
                voice service; and
                    ``(B) it does not include information that is
                related to non-voice service features bundled with IP-
                enabled voice service.
            ``(2) IP-enabled voice service.--The term ``IP-enabled
        voice service'' means the provision of real-time 2-way voice
        communications offered to the public, or such classes of users
        as to be effectively available to the public, transmitted
        through customer premises equipment using IP protocol, or a
        successor protocol, for a fee (whether part of a bundle of
        services or separately) with interconnection capability such
        that the service can originate traffic to, or terminate traffic
        from, the public switched telephone network.
            ``(3) Other terms.--Except as provided in paragraph (1),
        any term used in subsection (a) that is defined or used in
        section 222 of this Act has the same meaning as when used in
        that section.''.
            (2) Duty of telecommunications carriers with respect to
        cpni from ip-enabled voice service providers.--Section 222(a)
        of the Communications Act of 1934 (47 U.S.C. 222(a)) is amended
        by inserting after ``carrier.'' the following: ``A
        telecommunications carrier has the same duties under this
        section with respect to the confidentiality of proprietary
        information of, or relating to, an IP-enabled voice service
        provider, and with respect to customer proprietary network
        information received or obtained from an IP-enabled voice
        service provider, as it has under this section with respect to
        another telecommunications carrier.''.
    (c) Telecommunications Carrier Notification Requirement.--Section
222 of the Communications Act of 1934 (47 U.S.C. 222), is amended--
            (1) by redesignating subsection (h) as subsection (i);
            (2) by inserting after subsection (g) the following new
        subsection:
    ``(h) Notice of Violations.--
            ``(1) In general.--The Commission shall by regulation
        require each telecommunications carrier to notify a customer
        within 14 calendar days after the carrier or provider is
        notified of, or becomes aware of, an incident in which customer
        proprietary network information relating to such customer was
        disclosed to someone other than the customer in violation of
        this section or section 2 of the Protecting Consumer Phone
        Records Act.
            ``(2) Law enforcement and homeland security related
        delays.--Notwithstanding paragraph (1), a telecommunications
        carrier may delay the required notification for a reasonable
        period of time if--
                    ``(A) a Federal or State law enforcement agency
                determines that giving notice within the 14-day period
                would materially impede a civil or criminal
                investigation; or
                    ``(B) a Federal national security agency or the
                Department of Homeland Security determines that giv

Summary: Protecting Consumer Phone Records Act - Makes it unlawful to: (1) acquire or use customer proprietary network information without written consent. (2) represent that another person has consented in order to acquire such information. (3) obtain unauthorized access to certain systems or records in order to acquire such information, (4) sell or offer for sale such information. Or (5) request that another person unlawfully obtain such information. Amends the Communications Act of 1934 to provide for a civil forfeiture penalty for violation of this Act. Imposes on IP-enabled voice service providers a duty to protect the confidentiality of specified proprietary information. Requires the Federal Communications Commission (FCC) to require each telecommunications carrier to notify customers of unlawful disclosure of such information. Prohibits a commercial mobile services provider from providing any customer's wireless telephone number information to any wireless directory assistance service without express prior customer authorization. Requires de-listing on customer request without cost to the customer. Prohibits providers from publishing the information without such authorization. Prohibits fees for exercising these rights. Preempts any inconsistent state or local requirements. Requires that violations of certain provisions of this Act be enforced by the Federal Trade Commission (FTC) and treated as unfair or deceptive acts or practices. Gives the FCC concurrent enforcement jurisdiction. Provides for enforcement by states and preemption of state law. Requires public education about the protection afforded such information.

A bill to amend the Communications Act of 1934 to prohibit the unlawful acquisition and use of confidential customer proprietary network information, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Critical Infrastructure Protection
Act'' or the ``CIPA''.

SEC. 2. EMP PLANNING, RESEARCH AND DEVELOPMENT, AND PROTECTION AND
              PREPAREDNESS.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 121)
is amended--
            (1) in section 2 (6 U.S.C. 101), by inserting after
        paragraph (6) the following:
            ``(6a) EMP.--The term `EMP' means--
                    ``(A) an electromagnetic pulse caused by
                intentional means, including acts of terrorism; and
                    ``(B) a geomagnetic disturbance caused by solar
                storms or other naturally occurring phenomena.'';
            (2) in title V (6 U.S.C. 311 et seq.), by adding at the end
        the following:

``SEC. 526. NATIONAL PLANNING FRAMEWORKS AND EDUCATION.

    ``The Secretary, or the Secretary's designee, shall, to the extent
practicable--
            ``(1) include in national planning frameworks the threat of
        EMP events; and
            ``(2) conduct outreach to educate owners and operators of
        critical infrastructure, emergency planners, and emergency
        response providers at all levels of government of the threat of
        EMP events.'';
            (3) in title III (6 U.S.C. 181 et seq.), by adding at the
        end of the following:

``SEC. 318. EMP RESEARCH AND DEVELOPMENT.

    ``(a) In General.--In furtherance of domestic preparedness and
response, the Secretary, acting through the Under Secretary for Science
and Technology, and in consultation with other relevant agencies and
departments of the Federal Government and relevant owners and operators
of critical infrastructure, shall, to the extent practicable, conduct
research and development to mitigate the consequences of EMP events.
    ``(b) Scope.--The scope of the research and development under
subsection (a) shall include the following:
            ``(1) An objective scientific analysis of the risks to
        critical infrastructures from a range of EMP events.
            ``(2) Determination of the critical national security
        assets and vital civic utilities and infrastructures that are
        at risk from EMP events.
            ``(3) An evaluation of emergency planning and response
        technologies that would address the findings and
        recommendations of experts, including those of the Commission
        to Assess the Threat to the United States from Electromagnetic
        Pulse Attack.
            ``(4) An analysis of technology options that are available
        to improve the resiliency of critical infrastructure to EMP.
            ``(5) The restoration and recovery capabilities of critical
        infrastructure under differing levels of damage and disruption
        from various EMP events.''; and
            (4) in section 201(d) (6 U.S.C. 121(d)), by adding at the
        end the following:
            ``(26)(A) Prepare and submit to the Committee on Homeland
        Security of the House of Representatives and the Committee on
        Homeland Security and Governmental Affairs of the Senate--
                    ``(i) a recommended strategy to protect and prepare
                the critical infrastructure of the American homeland
                against EMP events, including from acts of terrorism;
                and
                    ``(ii) biennial updates on the status of the
                recommended strategy.
            ``(B) The recommended strategy shall--
                    ``(i) be based on findings of the research and
                development conducted under section 318;
                    ``(ii) be developed in consultation with the
                relevant Federal sector-specific agencies (as defined
                under Homeland Security Presidential Directive-7) for
                critical infrastructures;
                    ``(iii) be developed in consultation with the
                relevant sector coordinating councils for critical
                infrastructures; and
                    ``(iv) include a classified annex as needed.
            ``(C) The Secretary may, if appropriate, incorporate the
        recommended strategy into a broader recommendation developed by
        the Department to help protect and prepare critical
        infrastructure from terrorism and other threats if, as
        incorporated, the strategy complies with subparagraph (B).''.
    (b) Clerical Amendments.--The table of contents in section 1(b) of
such Act is amended--
            (1) by adding at the end of the items relating to title V
        the following:

``Sec. 526. National planning frameworks and education.'';
        and
            (2) by adding at the end of the items relating to title III
        the following:

``Sec. 318. EMP research and development.''.
    (c) Deadline for Recommended Strategy.--The Secretary of Homeland
Security shall submit the recommended strategy required under the
amendment made by subsection (a)(4) by not later than 1 year after the
date of the enactment of this Act.
    (d) Report.--The Secretary shall submit a report to Congress by not
later than 180 days after the date of the enactment of this Act
describing the progress made in, and an estimated date by which the
Department of Homeland Security will have completed--
            (1) including EMP (as defined in the amendment made by
        subsection (a)(1)) threats in national planning frameworks;
            (2) research and development described in the amendment
        made by subsection (a)(3);
            (3) development of the comprehensive plan required under
        the amendment made by subsection (a)(4); and
            (4) outreach to educate owners and operators of critical
        infrastructure, emergency planners, and emergency response
        providers at all levels of government regarding the threat of
        EMP events.

SEC. 3. NO REGULATORY AUTHORITY.

    Nothing in this Act, including the amendments made by this Act,
shall be construed to grant any regulatory authority.

SEC. 4. NO NEW AUTHORIZATION OF APPROPRIATIONS.

    This Act, including the amendments made by this Act, may be carried
out only by using funds appropriated under the authority of other laws.

            Passed the House of Representatives November 16, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: This measure has not been amended since it was reported to the House on August 4, 2015. Critical Infrastructure Protection Act or CIPA Amends the Homeland Security Act of 2002 to define quot, EMPquot. To mean: (1) an electromagnetic pulse caused by intentional means, including acts of terrorism. And (2) a geomagnetic disturbance caused by solar storms or other naturally occurring phenomena. Directs DHS to: (1) include in national planning frameworks the threat of EMP events. And (2) conduct outreach to educate owners and operators of critical infrastructure, emergency planners, and emergency response providers of the threat of EMP events. Directs DHS to conduct research and development to mitigate the consequences of EMP events, including: (1) an objective scientific analysis of the risks to critical infrastructures from a range of EMP events. (2) determination of the critical national security assets and vital civic utilities and infrastructures that are at risk from EMP events. (3) an evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack. (4) an analysis of available technology options to improve the resiliency of critical infrastructure to EMP. And (5) the restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption from various EMP events. Includes among the responsibilities of DHS relating to intelligence and analysis and infrastructure protection, to prepare and submit to specified congressional committees: (1) a recommended strategy to protect and prepare the critical infrastructure of the American homeland against EMP events, and (2) biennial updates on the status of such strategy. Requires DHS to report within 180 days after enactment of this Act on the progress made in meeting, and on an estimated date for completing, the requirements set forth under this Act.

CIPA


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Developmental Disabilities
Assistance and Bill of Rights Act Amendments of 1993''.

SEC. 2. TITLE AND PART HEADINGS.

    (a) Title.--The heading of title I of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)
is amended to read as follows:

 ``TITLE I--PROGRAMS FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES''.

    (b) Part.--The heading of part A of title I of the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000 et seq.)
is amended to read as follows:

                    ``PART A--GENERAL PROVISIONS''.

SEC. 3. FINDINGS AND PURPOSES.

    Section 101 of the Developmental Disabilities Assistance and Bill
of Rights Act (42 U.S.C. 6000) is amended to read as follows:

``SEC. 101. FINDINGS, PURPOSES, AND POLICY.

    ``(a) Findings.--The Congress finds that--
            ``(1) in 1993 there are more than 3,000,000 individuals
        with developmental disabilities in the United States;
            ``(2) disability is a natural part of the human experience
        that does not diminish the right of individuals with
        developmental disabilities to enjoy the opportunity to live
        independently, enjoy self-determination, make choices,
        contribute to society, and experience full integration and
        inclusion in the economic, political, social, cultural, and
        educational mainstream of American society;
            ``(3) individuals with developmental disabilities
        continually encounter various forms of discrimination in
        critical areas;
            ``(4) there is a lack of public awareness of the
        capabilities and competencies of individuals with developmental
        disabilities;
            ``(5) individuals whose disabilities occur during their
        developmental period frequently have severe disabilities that
        are likely to continue indefinitely;
            ``(6) individuals with developmental disabilities often
        require lifelong specialized services and assistance, provided
        in a coordinated and culturally competent manner by many
        agencies, professionals, advocates, community representatives,
        and others to eliminate barriers and to meet the needs of such
        individuals and their families;
            ``(7) a substantial portion of individuals with
        developmental disabilities and their families do not have
        access to appropriate support and services from generic and
        specialized service systems and remain unserved or underserved;
            ``(8) family members, friends, and members of the community
        can play an important role in enhancing the lives of
        individuals with developmental disabilities, especially when
        the family and community are provided with the necessary
        services and supports; and
            ``(9) the goals of the Nation properly include the goal of
        providing individuals with developmental disabilities with the
        opportunities and support to--
                    ``(A) make informed choices and decisions;
                    ``(B) live in homes and communities in which such
                individuals can exercise their full rights and
                responsibilities as citizens;
                    ``(C) pursue meaningful and productive lives;
                    ``(D) contribute to their family, community, State,
                and Nation;
                    ``(E) have interdependent friendships and
                relationships with others; and
                    ``(F) achieve full integration and inclusion in
                society;
        in an individualized manner, consistent with unique strengths,
        resources, priorities, concerns, abilities and capabilities of
        each individual.
    ``(b) Purpose.--The purpose of this Act is to assure that
individuals with developmental disabilities and their families have
access to culturally competent services, supports, and other assistance
and opportunities that promote independence, productivity, and
integration and inclusion into the community, through--
            ``(1) support to State Developmental Disabilities Councils
        in each State to promote, through systemic change, capacity
        building, and advocacy (consistent with section 101(c)(2)), a
        consumer and family-centered, comprehensive system, and a
        coordinated array of services, supports, and other assistance
        for individuals with developmental disabilities and their
        families;
            ``(2) support to protection and advocacy systems in each
        State to protect the legal and human rights of individuals with
        developmental disabilities;
            ``(3) support to university affiliated programs to provide
        interdisciplinary preservice preparation of students and
        fellows, community service activities, and the dissemination of
        information and research findings; and
            ``(4) support to national initiatives to collect necessary
        data, provide technical assistance to State Developmental
        Disabilities Councils, protection, and advocacy systems and
        university affiliated programs, and support other nationally
        significant activities.
    ``(c) Policy.--It is the policy of the United States that all
programs, projects, and activities receiving assistance under this Act
shall be carried out in a manner consistent with the principles that--
            ``(1) individuals with developmental disabilities,
        including those with the most severe developmental
        disabilities, are capable of achieving independence,
        productivity, and integration and inclusion into the community,
        and the provision of services, supports and other assistance
        can improve such individuals' ability to achieve independence,
        productivity, and integration and inclusion;
            ``(2) individuals with developmental disabilities and their
        families have competencies, capabilities and personal goals
        that should be recognized, supported, and encouraged and any
        assistance should be provided in an individualized manner,
        consistent with the unique strengths, resources, priorities,
        concerns, abilities, and capabilities of the individual;
            ``(3) individuals with developmental disabilities and their
        families are the primary decisionmakers regarding the services
        and supports such individuals and their families receive and
        play decisionmaking roles in policies and programs that affect
        the lives of such individuals and their families;
            ``(4) services, supports, and other assistance are provided
        in a manner that demonstrates respect for individual dignity,
        personal preferences, and cultural differences;
            ``(5) communities accept and support individuals with
        developmental disabilities and are enriched by the full and
        active participation and the contributions by individuals with
        developmental disabilities and their families; and
            ``(6) individuals with developmental disabilities have
        opportunities and the necessary support to be included in
        community life, have interdependent relationships, live in
        homes and communities, and make contributions to their
        families, community, State, and Nation.''.

SEC. 4. TECHNICAL AMENDMENTS.

    (a) Protection and Advocacy of the Rights of Individuals With
Developmental Disabilities.--The heading of part C of title I of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6041 et seq.) is amended to read as follows:

  ``PART C--PROTECTION AND ADVOCACY OF THE RIGHTS OF INDIVIDUALS WITH
                     DEVELOPMENTAL DISABILITIES''.

    (b) System Required.--Section 142 of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6042) is amended by adding
at the end the following subsection:
    ``(i) Public Notice of Federal Onsite Review.--The Secretary shall
provide advance public notice of any Federal programmatic and
administrative review and solicit public comment on the system funded
under this part through such notice. The findings of the public comment
solicitation notice shall be included in the onsite visit report. The
results of such reviews shall be distributed to the Governor of the
State and to other interested public and private parties.''.
    (c) Definition Regarding University Affiliated Programs.--The
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6000 et seq.) is amended--
            (1) in section 102(1)--
                    (A) by inserting ``, except as provided in section
                155,'' before ``includes''; and
                    (B) by inserting ``the Commonwealth of'' before
                ``Puerto Rico''; and
            (2) by adding at the end of part D the following section:

``SEC. 155. DEFINITION.

    ``For purposes of this part, the term `State' means each of the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, and Guam.''.

SEC. 5. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Planning of Priority Area Activities.--Section 130 of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6030) is amended by striking ``$77,400,000'' and all that follows and
inserting the following: ``$70,000,000 for fiscal year 1994, and such
sums as may be necessary for each of the fiscal years 1995 and 1996.''.
    (b) Protection and Advocacy of Individual Rights.--Section 143 of
the Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6043) is amended by striking ``$24,200,000'' and all that
follows and inserting the following: ``$24,000,000 for fiscal year
1994, and such sums as may be necessary for each of the fiscal years
1995 and 1996.''.
    (c) University Affiliated Program.--Section 154 of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6064) is amended to read as follows:

``SEC. 154. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of making grants under subsections (a) through
(e) of section 152, there are authorized to be appropriated $19,000,000
for fiscal year 1994, and such sums as may be necessary for each of the
fiscal years 1995 and 1996.''.
    (d) Projects of National Significance.--Section 163(a) of the
Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C.
6083(a)) is amended by striking ``$3,650,000'' and all that follows and
inserting the following: ``$4,000,000 for fiscal year 1994, and such
sums as may be necessary for each of the fiscal years 1995 and 1996.''.

Summary: Developmental Disabilities Assistance and Bill of Rights Act Amendments of 1993 - Amends the Developmental Disabilities Assistance and Bill of Rights Act to revise the Act's statements of findings and purpose and to declare related policy. Requires: (1) advance public notice of any Federal programmatic and administrative review. (2) solicitation of public comment on State systems to protect and advocate the rights of persons with developmental disabilities. (3) inclusion of the comment findings in the onsite visit report. And (4) distribution of the review results. Removes from the definition of State, as it applies to university affiliated programs under the Act, references to the Northern Mariana Islands, American Samoa, and the Trust Territory of the Pacific Islands. Authorizes appropriations under the Act for priority area activities, protection and advocacy of the rights of individuals with developmental disabilities, university affiliated programs, and projects of national significance.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Highway Trust Fund Integrity Act of
1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1)(A) the Budget Enforcement Act of 1990 split the Federal
        budgeting process into two budget categories, one for receipts
        and mandatory spending and the other for discretionary
        spending; and
            (B) each budget category has its own rules, procedures, and
        incentives;
            (2) the taxes deposited into the Highway Trust Fund are in
        the mandatory category, but most spending from the Highway
        Trust Fund is in the discretionary category;
            (3) since the Highway Trust Fund is split between the two
        budget categories, the link between Highway Trust Fund taxes
        and transportation spending is severed; and
            (4) to reestablish the link between the taxes and spending
        of the Highway Trust Fund, all the components of the Highway
        Trust Fund should be part of the same budget category and
        subject to the same budget rules and procedures.

SEC. 3. DEFINITION.

    (a) Balanced Budget and Emergency Deficit Control Act of 1985.--
Section 250(c) of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900(c)) is amended by adding at the end the
following:
            ``(22) Revenue constrained fund.--The term `revenue
        constrained fund'--
                    ``(A) means the budget authority, outlays, and
                receipts of the--
                            ``(i) the Highway Account of the Highway
                        Trust Fund as established by section 9503 of
                        the Internal Revenue Code of 1986;
                    ``(B) shall not be--
                            ``(i) considered to be part of any category
                        (as defined in section 250(c)(4) of the
                        Balanced Budget and Emergency Deficit Control
                        Act of 1985 (2 U.S.C. 900(c)(4))) of
                        discretionary appropriations; or
                            ``(ii) subject to sequestration under
                        section 251(a) of the Act (2 U.S.C. 901(a));
                        and
                    ``(C) shall not be--
                            ``(i) considered to be part of direct
                        spending (as defined in section 250(c)(8) of
                        the Balanced Budget and Emergency Deficit
                        Control Act of 1985 (2 U.S.C. 900(c)(8))); or
                            ``(ii) subject to sequestration under
                        section 252(b) of the Act (2 U.S.C. 902(b)).''.
    (b) Congressional Budget Act of 1974.--Section 3 of the
Congressional Budget Act of 1974 (2 U.S.C. 622) is amended by adding at
the end thereof the following:
            ``(11) Revenue constrained fund.--The term `revenue
        constrained fund' has the meaning given that term in section
        250(c) of the Balanced Budget and Emergency Deficit Control Act
        of 1985 (2 U.S.C. 900(c)).''.

SEC. 4. BUDGETARY TREATMENT.

    (a) In General.--Part A of title IV of the Congressional Budget Act
of 1974 (2 U.S.C. 651 et seq.) is amended by adding at the end the
following:

                      ``revenue constrained funds

    ``Sec. 408. It shall not be in order in either the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, motion, conference report, or other measure if the effect of
the measure would have the effect of increasing any specific new budget
authority for a fiscal year for a revenue constrained fund above the
amount made available by section 251B(b)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985.''.
    (b) Point of Order.--Subsections (c) and (d) of section 904 of the
Congressional Budget Act of 1974 are each amended by inserting after
``306,'' the following: ``408,''.
    (c) Amendment to Table of Contents.--The table of contents for the
Congressional Budget Impoundment Control Act of 1974 is amended by
adding at the end of title IV the following:

``Sec. 408. Revenue constrained funds.''.

SEC. 5. SEQUESTER.

    (a) In General.--Part C of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) is amended by
inserting after section 251A the following:

``SEC. 251B. SEQUESTRATION WITH RESPECT TO REVENUE CONSTRAINED FUNDS.

    ``(a) Budget Authority Limits.--Amounts available from a revenue
constrained fund shall be reduced by the amount necessary to eliminate
any amount by which budget authority in the budget year from the
revenue constrained fund exceed the amount deposited in the revenue
constrained fund in the previous fiscal year.
    ``(b) Amount Available.--
            ``(1) Initial estimate.--
                    ``(A) In general.--On October 1 of each year OMB
                shall estimate the total amount of revenues deposited
                into each revenue constrained fund during the previous
                fiscal year.
                    ``(B) Initial amount available.--An amount equal to
                40 percent of the total amount of revenues is estimated
                to be deposited in a revenue constrained fund under
                subparagraph (A) shall be available for obligation in
                the budget year on the date of the estimate under
                subparagraph (A).
            ``(2) Final estimate.--
                    ``(A) In general.--On December 15 of each year OMB
                shall determine the total amount of revenues deposited
                into each revenue constrained fund during the previous
                fiscal year.
                    ``(B) Amount available.--An amount equal to the
                total amount of revenues determined to be deposited in
                a revenue constrained fund under subparagraph (A)--
                            ``(i) shall be the total amount available
                        for obligation in the budget year on the date
                        of the determination under subparagraph (A);
                        and
                            ``(ii) shall replace the amount made
                        available under paragraph (1).
    ``(c) Look-Back.--If--
            ``(1) an appropriation for the fiscal year in progress is
        enacted that causes a budgetary excess in a revenue constrained
        fund as described in subsection (a) for that year; or
            ``(2) errors in the determination made pursuant to
        subsection (b)(2) cause a budgetary excess in a revenue
        constrained fund for the fiscal year in progress;
the level set forth in subsection (b)(2) for the next fiscal year shall
be reduced by the amount of that excess.''.
    (b) Amendment to Table of Contents.--The table of contents for the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
adding after the item for section 251A the following:

``Sec. 251B. Sequestration with respect to revenue constrained
                            funds.''.

SEC. 5. BUDGETARY IMPACT.

    (a) Findings and Purpose.--
            (1) Findings.--The Congress finds that--
                    (A) the United States has substantial surface
                transportation and infrastructure needs; and
                    (B) this Act will result in additional spending
                from the Highway Account of the Highway Trust Fund to
                help address these substantial needs.
            (2) Purpose.--The purpose of this section is to clarify
        that any budgetary offset necessary because of the additional
        spending provided by this Act should not come from surface
        transportation programs.
    (b) Sequestration.--The budgetary impact of the amendments made by
this Act shall not be considered for purposes of sequestration under
sections 251 or 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901, 902).
    (c) Discretionary Spending Limitations.--OMB shall reduce
discretionary spending limits for budget authority and outlays in
accordance with the Balanced Budget and Emergency Deficit Control Act
of 1985 for each applicable fiscal year set forth in section
601(a)(2)--
            (1) for budget authority, by an amount equal to the total
        amount of discretionary budget authority provided from the
        Highway Account of the Highway Trust Fund in the Department of
        Transportation and Related Agencies Appropriations Act, 1997;
        and
            (2) for outlays, by an amount equal to an estimate of the
        amount of discretionary outlays that would be expended from the
        Highway Account of the Highway Trust Fund assuming that the
        total amount of new budget authority and obligation authority
        from the Highway Account of the Highway Trust Fund equaled the
        amounts of new budget authority and obligation authority
        provided from the Highway Account of the Highway Trust Fund in
        the Department of Transportation and Related Agencies
        Appropriations Act, 1997.

SEC. 6. STUDY TO ENSURE THAT THE HIGHWAY TRUST FUND IS DEFICIT NEUTRAL.

    (a) Findings.--The Congress finds the following:
            (1) It is the policy of the United States Government that
        the Highway Trust Fund should not contribute to or reduce the
        Federal Government's annual budget deficit.
            (2) Under current budgetary scorekeeping conventions used
        by both the Congressional Budget Office and the Office of
        Management and Budget, increases in Highway Trust Fund revenue
        generated by tax increases are partially offset by a reduction
        in other Federal revenues that is equal to 25 percent of the
        increase in Highway Trust Fund revenue.
            (3) This 25 percent offset is a scorekeeping convention
        that applies to all excise taxes, and is not uniquely applied
        to Highway Trust Fund taxes.
            (4) An up-to-date examination of how this offset should be
        applied to Highway Trust Fund taxes is needed.
    (b) Report.--
            (1) In general.--Not later than 24 months after the date of
        enactment of this Act, the Secretary of Treasury, in
        consultation with the Director of the Office of Management and
        Budget, shall submit a report to Congress on ensuring the
        deficit neutrality of the Highway Trust Fund.
            (2) Contents.--In the report, the Secretary shall--
                    (A) determine the extent to which each of the taxes
                deposited into the Highway Trust Fund is a deductible
                expense from other Federal taxes;
                    (B) provide an estimate of the amount of Highway
                Trust Fund taxes that were deducted from Federal income
                taxes or other taxes;
                    (C) provide an estimate of the annual revenue loss
                because Highway Trust Fund taxes are deductible from
                other Federal taxes;
                    (D) determine the appropriate scorekeeping
                convention that should apply to Highway Trust Fund
                taxes, or if needed, separately to each of the taxes
                now deposited into the Highway Trust Fund; and
                    (E) provide the Congress with policy options that
                would ensure that changes to the Highway Trust Fund
                taxes do not contribute to the deficit.

Summary: Highway Trust Fund Integrity Act of 1997 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 1974 to define revenue constrained fund (fund) as the budget authority, outlays, and receipts of the Highway Account of the Highway Trust Fund. States that such fund shall not be: (1) considered part of any discretionary funding category or part of direct spending. Or (2) subject to sequestration. Amends the Congressional Budget Act of 1974 to prohibit any House of Representatives or Senate measure that would increase fiscal year budget authority for a fund above an amount made available under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to reduce available fund amounts so as not to exceed the previous year's deposited fund amounts. States that any budgetary offset necessary because of additional spending provided by this Act should not come from surface transportation programs. Directs the Secretary of the Treasury to report on ensuring the deficit neutrality of the Highway Trust Fund.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Offshore Fracking Transparency and
Review Act of 2015''.

SEC. 2. MORATORIUM ON OFFSHORE FRACTURING AND ACID WELL STIMULATION
              TREATMENT.

    Notwithstanding the terms of any lease or permit issued before the
date of the enactment of this Act, no person may engage in hydraulic
fracturing or acid well stimulation treatment in the Pacific Outer
Continental Shelf Region until the Secretary of the Interior has
published a report under section 3 and issued a final environmental
impact statement under section 4.

SEC. 3. STUDY OF CONDUCT AND IMPACTS OF HYDRAULIC FRACTURING AND ACID
              WELL STIMULATION IN THE PACIFIC OCS REGION.

    (a) In General.--To ensure the relevant agencies' data incorporate
the latest science and practices of the oil and gas industry, the
Secretary of the Interior shall conduct a study of the conduct and
impacts of hydraulic fracturing and acid well stimulation treatments in
the Pacific Outer Continental Shelf Region.
    (b) Included Topics.--The study shall include, but shall not be
limited to--
            (1) preparation of a descriptive inventory of all chemicals
        used in offshore oil and gas development and production
        activities in the Pacific Outer Continental Shelf Region,
        including chemicals used in hydraulic fracturing and acid well
        stimulation treatments;
            (2) the volumes of chemicals used and disposed of in such
        activities;
            (3) the risks of a spill of such chemicals;
            (4) an analysis of the methods by which such chemicals
        enter the environment during hydraulic fracturing and acid well
        stimulation treatments;
            (5) a quantification, to the extent possible, of the amount
        of such chemicals that enter the environment during hydraulic
        fracturing and acid well stimulation treatments; and
            (6) any other related matters the Secretary determines
        necessary.
    (c) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress and
publish a report on the study conducted under this section.

SEC. 4. ENVIRONMENTAL IMPACT STATEMENT.

    Not later than 18 months after the issuance of the report under
section 3, the Secretary of the Interior shall, in coordination with
the Environmental Protection Agency and in consultation with
appropriate State agencies, issue an environmental impact statement
under section 102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332) regarding the impacts on the marine environment and public
health of offshore hydraulic fracturing and acid well stimulation
treatments conducted in the Pacific Outer Continental Shelf Region.

SEC. 5. PUBLIC NOTICE.

    The Secretary shall notify all relevant State and local regulatory
agencies and publish a notice in the Federal Register--
            (1) within 30 days after receiving any application for a
        permit that would allow the conduct of offshore hydraulic
        fracturing or an acid well stimulation treatment in the Pacific
        Outer Continental Shelf Region; and
            (2) within 30 days after the conduct of offshore hydraulic
        fracturing or acid well stimulation treatment in such region
        under a permit or other authorization issued by the Secretary.

SEC. 6. COMPILATION AND DISCLOSURE OF ACTIVITIES.

    (a) In General.--The Secretary of the Interior shall compile and
maintain a list of all offshore hydraulic fracturing and acid well
stimulation treatments that have taken place, or that take place after
the enactment of this Act, in the Pacific Outer Continental Shelf
Region.
    (b) Included Information.--For each instance of offshore hydraulic
fracturing or an acid well stimulation treatment, the Secretary shall
include on the list--
            (1) the date the offshore hydraulic fracturing or acid well
        stimulation treatment was conducted;
            (2) the location where the offshore hydraulic fracturing or
        acid well stimulation treatment was conducted;
            (3) the chemicals used, including identification of the
        chemical constituents of mixtures, Chemical Abstracts Service
        numbers for each chemical and constituent, material safety data
        sheets if available, and the amount of each chemical used;
            (4) the total volume of fluid used in the hydraulic
        fracturing or acid well stimulation treatment;
            (5) the volume of wastewater generated during the hydraulic
        fracturing or acid well stimulation treatment and the manner in
        which it was disposed of; and
            (6) the intended purpose and results of the offshore
        hydraulic fracturing or acid well stimulation treatments.
    (c) Unavailable Information.--If any information listed in
subsection (b) is not available for a given instance of offshore
hydraulic fracturing or acid well stimulation treatment, the Secretary
shall note the absence of the information and provide an explanation of
why the information is not available.
    (d) Public Availability.--The Secretary shall make the list created
under subsection (b) available to the public, including by publishing
it on the Internet site of the Department of the Interior.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Hydraulic fracturing.--The term ``hydraulic
        fracturing'' means an operation conducted in an individual
        wellbore designed to increase the flow of hydrocarbons from a
        rock formation to the wellbore through modifying the
        permeability of reservoir rock by fracturing it, except that
        such term does not include enhanced secondary recovery,
        including water flooding, tertiary recovery, and other types of
        well stimulation operations.
            (2) Acid well stimulation treatment.--The term ``acid well
        stimulation treatment''--
                    (A) means a well stimulation treatment that uses,
                in whole or in part, the application of one or more
                acids to the well or underground geologic formation;
                and
                    (B) includes--
                            (i) such stimulation treatment at any
                        applied pressure or in combination with
                        hydraulic fracturing treatments or other well
                        stimulation treatments;
                            (ii) acid treatments conducted at pressures
                        lower than the applied pressure necessary to
                        fracture the underground geologic formation
                        (commonly referred to as acid matrix
                        stimulation treatments); and
                            (iii) acid fracturing treatments.

Summary: Offshore Fracking Transparency and Review Act of 2015 This bill prohibits both hydraulic fracturing and acid well stimulation treatment in the Pacific Outer Continental Shelf Region until the Secretary of the Interior has: (1) reported to Congress on the conduct and impacts of hydraulic fracturing and acid well stimulation treatments in the Region. And (2) issued, in coordination with the Environmental Protection Agency, a final environmental impact statement regarding the impacts upon the marine environment and public health of offshore hydraulic fracturing and acid well stimulation treatments conducted in such Region. The Secretary must notify all relevant state and local regulatory agencies and publish in the Federal Register within 30 days: (1) receipt of any application for a permit that would allow either offshore hydraulic fracturing or acid well stimulation treatment in the Region. And (2) the conduct of offshore hydraulic fracturing or acid well stimulation treatment in the Region pursuant to a permit or other authorization issued by the Secretary. The Secretary shall also maintain and publicize a list of all offshore hydraulic fracturing and acid well stimulation treatments that have taken place in the Region or that take place after enactment of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Appalachian Regional Development Act
Amendments of 2002''.

SEC. 2. PURPOSES.

    (a) This Act.--The purposes of this Act are--
        (1) to reauthorize the Appalachian Regional Development Act of
    1965 (40 U.S.C. App.); and
        (2) to ensure that the people and businesses of the Appalachian
    region have the knowledge, skills, and access to telecommunication
    and technology services necessary to compete in the knowledge-based
    economy of the United States.
    (b) Appalachian Regional Development Act of 1965.--Section 2 of the
Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is
amended--
        (1) in subsection (b), by inserting after the third sentence
    the following: ``Consistent with the goal described in the
    preceding sentence, the Appalachian region should be able to take
    advantage of eco-industrial development, which promotes both
    employment and economic growth and the preservation of natural
    resources.''; and
        (2) in subsection (c)(2)(B)(ii), by inserting ``, including
    eco-industrial development technologies'' before the semicolon.

SEC. 3. FUNCTIONS OF THE COMMISSION.

    Section 102(a) of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended--
        (1) in paragraph (5), by inserting ``, and support,'' after
    ``formation of'';
        (2) in paragraph (7), by striking ``and'' at the end;
        (3) in paragraph (8), by striking the period at the end and
    inserting a semicolon; and
        (4) by adding at the end the following:
        ``(9) encourage the use of eco-industrial development
    technologies and approaches; and
        ``(10) seek to coordinate the economic development activities
    of, and the use of economic development resources by, Federal
    agencies in the region.''.

SEC. 4. INTERAGENCY COORDINATING COUNCIL ON APPALACHIA.

    Section 104 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended--
        (1) by striking ``The President'' and inserting ``(a) In
    General.--The President''; and
        (2) by adding at the end the following:
    ``(b) Interagency Coordinating Council on Appalachia.--
        ``(1) Establishment.--In carrying out subsection (a), the
    President shall establish an interagency council to be known as the
    `Interagency Coordinating Council on Appalachia'.
        ``(2) Membership.--The Council shall be composed of--
            ``(A) the Federal Cochairman, who shall serve as
        Chairperson of the Council; and
            ``(B) representatives of Federal agencies that carry out
        economic development programs in the region.''.

SEC. 5. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE.

    Title II of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended by inserting after section 202 the following:

``SEC. 203. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE.

    ``(a) In General.--The Commission may provide technical assistance,
make grants, enter into contracts, or otherwise provide funds to
persons or entities in the region for projects--
        ``(1) to increase affordable access to advanced
    telecommunications, entrepreneurship, and management technologies
    or applications in the region;
        ``(2) to provide education and training in the use of
    telecommunications and technology;
        ``(3) to develop programs to increase the readiness of industry
    groups and businesses in the region to engage in electronic
    commerce; or
        ``(4) to support entrepreneurial opportunities for businesses
    in the information technology sector.
    ``(b) Source of Funding.--
        ``(1) In general.--Assistance under this section may be
    provided--
            ``(A) exclusively from amounts made available to carry out
        this section; or
            ``(B) from amounts made available to carry out this section
        in combination with amounts made available under any other
        Federal program or from any other source.
        ``(2) Federal share requirements specified in other laws.--
    Notwithstanding any provision of law limiting the Federal share
    under any other Federal program, amounts made available to carry
    out this section may be used to increase that Federal share, as the
    Commission determines to be appropriate.
    ``(c) Cost Sharing for Grants.--Not more than 50 percent (or 80
percent in the case of a project to be carried out in a county for
which a distressed county designation is in effect under section 226)
of the costs of any activity eligible for a grant under this section
may be provided from funds appropriated to carry out this section.''.

SEC. 6. ENTREPRENEURSHIP INITIATIVE.

    Title II of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended by inserting after section 203 (as added by
section 5) the following:

``SEC. 204. ENTREPRENEURSHIP INITIATIVE.

    ``(a) Definition of Business Incubator Service.--In this section,
the term `business incubator service' means a professional or technical
service necessary for the initiation and initial sustainment of the
operations of a newly established business, including a service such
as--
        ``(1) a legal service, including aid in preparing a corporate
    charter, partnership agreement, or basic contract;
        ``(2) a service in support of the protection of intellectual
    property through a patent, a trademark, or any other means;
        ``(3) a service in support of the acquisition and use of
    advanced technology, including the use of Internet services and
    Web-based services; and
        ``(4) consultation on strategic planning, marketing, or
    advertising.
    ``(b) Projects To Be Assisted.--The Commission may provide
technical assistance, make grants, enter into contracts, or otherwise
provide funds to persons or entities in the region for projects--
        ``(1) to support the advancement of, and provide,
    entrepreneurial training and education for youths, students, and
    businesspersons;
        ``(2) to improve access to debt and equity capital by such
    means as facilitating the establishment of development venture
    capital funds;
        ``(3) to aid communities in identifying, developing, and
    implementing development strategies for various sectors of the
    economy; and
        ``(4)(A) to develop a working network of business incubators;
    and
        ``(B) to support entities that provide business incubator
    services.
    ``(c) Source of Funding.--
        ``(1) In general.--Assistance under this section may be
    provided--
            ``(A) exclusively from amounts made available to carry out
        this section; or
            ``(B) from amounts made available to carry out this section
        in combination with amounts made available under any other
        Federal program or from any other source.
        ``(2) Federal share requirements specified in other laws.--
    Notwithstanding any provision of law limiting the Federal share
    under any other Federal program, amounts made available to carry
    out this section may be used to increase that Federal share, as the
    Commission determines to be appropriate.
    ``(d) Cost Sharing for Grants.--Not more than 50 percent (or 80
percent in the case of a project to be carried out in a county for
which a distressed county designation is in effect under section 226)
of the costs of any activity eligible for a grant under this section
may be provided from funds appropriated to carry out this section.''.

SEC. 7. REGIONAL SKILLS PARTNERSHIPS.

    Title II of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended by inserting after section 204 (as added by
section 6) the following:

``SEC. 205. REGIONAL SKILLS PARTNERSHIPS.

    ``(a) Definition of Eligible Entity.--In this section, the term
`eligible entity' means a consortium that--
        ``(1) is established to serve 1 or more industries in a
    specified geographic area; and
        ``(2) consists of representatives of--
            ``(A) businesses (or a nonprofit organization that
        represents businesses);
            ``(B) labor organizations;
            ``(C) State and local governments; or
            ``(D) educational institutions.
    ``(b) Projects To Be Assisted.--The Commission may provide
technical assistance, make grants, enter into contracts, or otherwise
provide funds to eligible entities in the region for projects to
improve the job skills of workers for a specified industry, including
projects for--
        ``(1) the assessment of training and job skill needs for the
    industry;
        ``(2) the development of curricula and training methods,
    including, in appropriate cases, electronic learning or technology-
    based training;
        ``(3)(A) the identification of training providers; and
        ``(B) the development of partnerships between the industry and
    educational institutions, including community colleges;
        ``(4) the development of apprenticeship programs;
        ``(5) the development of training programs for workers,
    including dislocated workers; and
        ``(6) the development of training plans for businesses.
    ``(c) Administrative Costs.--An eligible entity may use not more
than 10 percent of the funds made available to the eligible entity
under subsection (b) to pay administrative costs associated with the
projects described in subsection (b).
    ``(d) Source of Funding.--
        ``(1) In general.--Assistance under this section may be
    provided--
            ``(A) exclusively from amounts made available to carry out
        this section; or
            ``(B) from amounts made available to carry out this section
        in combination with amounts made available under any other
        Federal program or from any other source.
        ``(2) Federal share requirements specified in other laws.--
    Notwithstanding any provision of law limiting the Federal share
    under any other Federal program, amounts made available to carry
    out this section may be used to increase that Federal share, as the
    Commission determines to be appropriate.
    ``(e) Cost Sharing for Grants.--Not more than 50 percent (or 80
percent in the case of a project to be carried out in a county for
which a distressed county designation is in effect under section 226)
of the costs of any activity eligible for a grant under this section
may be provided from funds appropriated to carry out this section.''.

SEC. 8. PROGRAM DEVELOPMENT CRITERIA.

    (a) Elimination of Growth Center Criteria.--Section 224(a)(1) of
the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is
amended by striking ``in an area determined by the State have a
significant potential for growth or''.
    (b) Assistance to Distressed Counties and Areas.--Section 224 of
the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is
amended by adding at the end the following:
    ``(d) Assistance to Distressed Counties and Areas.--For fiscal year
2003 and each fiscal year thereafter, not less than 50 percent of the
amount of grant expenditures approved by the Commission shall support
activities or projects that benefit severely and persistently
distressed counties and areas.''.
SEC. 9. GRANTS FOR ADMINISTRATIVE EXPENSES OF LOCAL DEVELOPMENT
DISTRICTS.
    Section 302(a)(1)(A)(i) of the Appalachian Regional Development Act
of 1965 (40 U.S.C. App.) is amended by inserting ``(or, at the
discretion of the Commission, 75 percent of such expenses in the case
of a local development district that has a charter or authority that
includes the economic development of a county or part of a county for
which a distressed county designation is in effect under section 226)''
after ``such expenses''.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    Section 401 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended to read as follows:

``SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--In addition to amounts authorized by section 201
and other amounts made available for the Appalachian development
highway system program, there are authorized to be appropriated to the
Commission to carry out this Act--
        ``(1) $88,000,000 for each of fiscal years 2002 through 2004;
        ``(2) $90,000,000 for fiscal year 2005; and
        ``(3) $92,000,000 for fiscal year 2006.
    ``(b) Telecommunications and Technology Initiative.--Of the amounts
made available under subsection (a), the following amounts may be made
available to carry out section 203:
        ``(1) $10,000,000 for fiscal year 2002.
        ``(2) $8,000,000 for fiscal year 2003.
        ``(3) $5,000,000 for each of fiscal years 2004 through 2006.
    ``(c) Availability.--Sums made available under subsection (a) shall
remain available until expended.''.

SEC. 11. ADDITION OF COUNTIES TO APPALACHIAN REGION.

    Section 403 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended--
        (1) in the third undesignated paragraph (relating to
    Kentucky)--
            (A) by inserting ``Edmonson,'' after ``Cumberland,'';
            (B) by inserting ``Hart,'' after ``Harlan,''; and
            (C) by striking ``Montogomery,'' and inserting
        ``Montgomery,''; and
        (2) in the fifth undesignated paragraph (relating to
    Mississippi)--
            (A) by inserting ``Montgomery,'' after ``Monroe,''; and
            (B) by inserting ``Panola,'' after ``Oktibbeha,''.

SEC. 12. TERMINATION.

    Section 405 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended by striking ``2001'' and inserting ``2006''.

SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Section 101(b) of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.) is amended in the third sentence by striking
``implementing investment program'' and inserting ``strategy
statement''.
    (b) Section 106(7) of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.) is amended by striking ``expiring no later than
September 30, 2001''.
    (c) Sections 202, 214, and 302(a)(1)(C) of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.) are amended by striking
``grant-in-aid programs'' each place it appears and inserting ``grant
programs''.
    (d) Section 202(a) of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.) is amended in the second sentence by striking
``title VI of the Public Health Service Act (42 U.S.C. 291-291o), the
Mental Retardation Facilities and Community Mental Health Centers
Construction Act of 1963 (77 Stat. 282),'' and inserting ``title VI of
the Public Health Service Act (42 U.S.C. 291 et seq.), the
Developmental Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15001 et seq.),''.
    (e) Section 207(a) of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.) is amended by striking ``section 221 of the
National Housing Act, section 8 of the United States Housing Act of
1937, section 515 of the Housing Act of 1949,'' and inserting ``section
221 of the National Housing Act (12 U.S.C. 1715l), section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f), section 515 of the
Housing Act of 1949 (42 U.S.C. 1485),''.
    (f) Section 214 of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended--
        (1) in the section heading, by striking ``grant-in-aid'' and
    inserting ``grant'';
        (2) in subsection (a)--
            (A) by striking ``grant-in-aid Act'' each place it appears
        and inserting ``Act'';
            (B) in the first sentence, by striking ``grant-in-aid
        Acts'' and inserting ``Acts'';
            (C) by striking ``grant-in-aid program'' each place it
        appears and inserting ``grant program''; and
            (D) by striking the third sentence;
        (3) by striking subsection (c) and inserting the following:
    ``(c) Definition of Federal Grant Program.--
        ``(1) In general.--In this section, the term `Federal grant
    program' means any Federal grant program authorized by this Act or
    any other Act that provides assistance for--
            ``(A) the acquisition or development of land;
            ``(B) the construction or equipment of facilities; or
            ``(C) any other community or economic development or
        economic adjustment activity.
        ``(2) Inclusions.--In this section, the term `Federal grant
    program' includes a Federal grant program such as a Federal grant
    program authorized by--
            ``(A) the Consolidated Farm and Rural Development Act (7
        U.S.C. 1921 et seq.);
            ``(B) the Land and Water Conservation Fund Act of 1965 (16
        U.S.C. 460l-4 et seq.);
            ``(C) the Watershed Protection and Flood Prevention Act (16
        U.S.C. 1001 et seq.);
            ``(D) the Carl D. Perkins Vocational and Technical
        Education Act of 1998 (20 U.S.C. 2301 et seq.);
            ``(E) the Federal Water Pollution Control Act (33 U.S.C.
        1251 et seq.);
            ``(F) title VI of the Public Health Service Act (42 U.S.C.
        291 et seq.);
            ``(G) sections 201 and 209 of the Public Works and Economic
        Development Act of 1965 (42 U.S.C. 3141, 3149);
            ``(H) title I of the Housing and Community Development Act
        of 1974 (42 U.S.C. 5301 et seq.); or
            ``(I) part IV of title III of the Communications Act of
        1934 (47 U.S.C. 390 et seq.).
        ``(3) Exclusions.--In this section, the term `Federal grant
    program' does not include--
            ``(A) the program for construction of the Appalachian
        development highway system authorized by section 201;
            ``(B) any program relating to highway or road construction
        authorized by title 23, United States Code; or
            ``(C) any other program under this Act or any other Act to
        the extent that a form of financial assistance other than a
        grant is authorized.''; and
        (4) by striking subsection (d).
    (g) Section 224(a)(2) of the Appalachian Regional Development Act
of 1965 (40 U.S.C. App.) is amended by striking ``relative per capita
income'' and inserting ``per capita market income''.
    (h) Section 225 of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.)--
        (1) in subsection (a)(3), by striking ``development program''
    and inserting ``development strategies''; and
        (2) in subsection (c)(2), by striking ``development programs''
    and inserting ``development strategies''.
    (i) Section 303 of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended--
        (1) in the section heading, by striking ``investment programs''
    and inserting ``strategy statements'';
        (2) in the first sentence, by striking ``implementing
    investments programs'' and inserting ``strategy statements''; and
        (3) by striking ``implementing investment program'' each place
    it appears and inserting ``strategy statement''.
    (j) Section 403 of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended in the next-to-last undesignated paragraph
by striking ``Committee on Public Works and Transportation'' and
inserting ``Committee on Transportation and Infrastructure''.

                               Speaker of the House of Representatives.

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

Summary: Appalachian Regional Development Act Amendments of 2002 - Amends the Appalachian Regional Development Act of 1965 to include as functions of the Appalachian Regional Commission that it: (1) support local development districts, (2) encourage the use of eco-industrial development technologies and approaches. And (3) seek to coordinate economic development activities of, and the use of economic development resources by, Federal agencies in the Appalachian region. Directs the President to establish the Interagency Coordinating Council on Appalachia. Authorizes the Commission to provide technical assistance and make grants, enter into contracts, and otherwise provide funds to persons or entities in the region for projects to: (1) increase affordable access to advanced telecommunications, entrepreneurship, and management technologies or applications. (2) provide education and training in the use of telecommunications and technology. (3) develop programs to increase the readiness of industry groups and businesses in the region to engage in electronic commerce. Or (4) support entrepreneurial opportunities for businesses in the information technology sector. Authorizes the Commission to provide technical assistance, make grants, enter into contracts, or otherwise provide funds to persons or entities in the region for projects to: (1) support the advancement of, and provide, entrepreneurial training and education for youths, students, and businesspersons. (2) improve access to debt and equity capital, by such means as the establishment of development venture capital funds. (3) aid communities in identifying, developing, and implementing development strategies for various sectors of the economy. And (4) develop a working network of business incubators and to support entities that provide business incubator services. Defines business incubator service as a professional or technical service necessary for the initiation and initial sustainment of the operations of a newly established business. Authorizes the Commission to provide technical assistance, make grants, enter into contracts, or otherwise provide funds to eligible entities in the region for projects to improve the job skills of workers in a specified industry. Limits all grants under this Act to 50 percent of project costs or 80 percent for projects carried out in distress-designated counties. Eliminates from criteria for programs and projects to be given assistance under the Act that an area have significant growth potential. Requires that, for FY 2003 and each fiscal year thereafter, not less than 50 percent of the amount of grant expenditures approved by the Commission support activities or projects that benefit severely and persistently distressed counties and areas. Allows, at the Commission's discretion, for coverage of up to 75 percent of the administrative expenses of local development districts that have a charter or authority that includes the economic development of a county for which a distressed county designation is in effect. Extends through FY 2006 the authorization of appropriations for: (1) carrying out the Act. And (2) the telecommunications and technology initiative. Adds Edmonson and Hart ( Kentucky), and Montgomery and Panola (Mississippi) to the counties included in the Appalachian region. Extends the deadline for the termination of certain provisions of the Act to October 1, 2006.

A bill to reauthorize the Appalachian Regional Development Act of 1965, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Congenital Heart Futures
Reauthorization Act of 2015''.

SEC. 2. NATIONAL CONGENITAL HEART DISEASE SURVEILLANCE SYSTEM.

    Section 399V-2 of the Public Health Service Act (42 U.S.C. 280g-13)
is amended to read as follows:

``SEC. 399V-2. NATIONAL CONGENITAL HEART DISEASE RESEARCH,
              SURVEILLANCE, AND AWARENESS.

    ``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall--
            ``(1) enhance and expand research and surveillance
        infrastructure to study and track the epidemiology of
        congenital heart disease (in this section referred to as
        `CHD');
            ``(2) plan and implement a public outreach and education
        campaign regarding CHD across the lifespan; and
            ``(3) award grants to eligible entities to undertake the
        activities described in subsections (b) and (c).
    ``(b) National Congenital Heart Disease Cohort Study.--
            ``(1) In general.--The Director of the Centers for Disease
        Control and Prevention shall plan, develop, implement, and
        submit one or more reports to the Congress on a cohort study to
        improve understanding of the epidemiology of CHD across the
        lifespan, from birth to adulthood, with particular interest in
        the following:
                    ``(A) Health care utilization and natural history
                of those affected by CHD.
                    ``(B) Demographic factors associated with CHD, such
                as age, race, ethnicity, gender, and family history of
                individuals who are diagnosed with the disease.
                    ``(C) Outcome measures, such that analysis of the
                outcome measures will allow derivation of evidence-
                based best practices and guidelines for CHD patients.
            ``(2) Permissible considerations.--The study under this
        subsection may--
                    ``(A) gather data on the health outcomes of a
                diverse population of those affected by CHD;
                    ``(B) consider health disparities among those
                affected by CHD which may include the consideration of
                prenatal exposures; and
                    ``(C) incorporate behavioral, emotional, and
                educational outcomes of those affected by CHD.
            ``(3) Public access.--Subject to paragraph (4), the data
        generated from the study under this subsection shall be made
        available to the public, including CHD researchers.
            ``(4) Patient privacy.--The Secretary shall ensure that the
        study under this subsection is carried out in a manner that
        complies with the requirements applicable to a covered entity
        under the regulations promulgated pursuant to section 264(c) of
        the Health Insurance Portability and Accountability Act of
        1996.
    ``(c) Congenital Heart Disease Awareness Campaign.--
            ``(1) In general.--The Director of the Centers for Disease
        Control and Prevention shall establish and implement an
        awareness, outreach, and education campaign regarding CHD
        across the lifespan. The information expressed through such
        campaign shall--
                    ``(A) emphasize that CHD is the most prevalent
                birth defect;
                    ``(B) identify CHD as a condition that affects
                those diagnosed throughout their lives; and
                    ``(C) promote the need for pediatric, adolescent,
                and adult individuals with CHD to seek and maintain
                lifelong, specialized care.
            ``(2) Permissible activities.--The campaign under this
        subsection may--
                    ``(A) utilize collaborations or partnerships with
                other agencies, health care professionals, and patient
                advocacy organizations that specialize in the needs of
                individuals with CHD; and
                    ``(B) include the use of print, film, and
                electronic materials distributed via television, radio,
                Internet, and other commercial marketing venues.
    ``(d) Eligibility for Grants.--To be eligible to receive a grant
under subsection (a)(3), an entity shall--
            ``(1) be a public or private nonprofit entity with
        specialized experience in CHD; and
            ``(2) submit to the Secretary an application at such time,
        in such manner, and containing such information as the
        Secretary may require.
    ``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $4,000,000 for each of fiscal
years 2016 through 2020.''.

SEC. 3. CONGENITAL HEART DISEASE RESEARCH.

    Section 425 of the Public Health Service Act (42 U.S.C. 285b-8) is
amended to read as follows:

``SEC. 425. CONGENITAL HEART DISEASE.

    ``(a) In General.--The Director of the Institute may expand,
intensify, and coordinate research and related activities of the
Institute with respect to congenital heart disease, which may include
congenital heart disease research with respect to--
            ``(1) causation of congenital heart disease, including
        genetic causes;
            ``(2) long-term outcomes in individuals with congenital
        heart disease, including infants, children, teenagers, adults,
        and elderly individuals;
            ``(3) diagnosis, treatment, and prevention;
            ``(4) studies using longitudinal data and retrospective
        analysis to identify effective treatments and outcomes for
        individuals with congenital heart disease; and
            ``(5) identifying barriers to lifelong care for individuals
        with congenital heart disease.
    ``(b) Coordination of Research Activities.--The Director of the
Institute may coordinate research efforts related to congenital heart
disease among multiple research institutions and may develop research
networks.
    ``(c) Minority and Medically Underserved Communities.--In carrying
out the activities described in this section, the Director of the
Institute shall consider the application of such research and other
activities to minority and medically underserved communities.
    ``(d) Report From NIH.--Not later than 1 year after the date of
enactment of the Congenital Heart Futures Reauthorization Act of 2015,
the Director of NIH, acting through the Director of the Institute,
shall provide a report to Congress--
            ``(1) outlining the ongoing research efforts of the
        National Institutes of Health regarding congenital heart
        disease; and
            ``(2) identifying--
                    ``(A) future plans for research regarding
                congenital heart disease; and
                    ``(B) the areas of greatest need for such
                research.''.

Summary: Congenital Heart Futures Reauthorization Act of 2015 This bill amends the Public Health Service Act to replace the authorization for a National Congenital Heart Disease Surveillance System with a requirement for the Centers for Disease Control and Prevention (CDC), regarding congenital heart disease, to enhance and expand research and surveillance infrastructure, and plan and implement a public outreach and education campaign. The CDC must award grants to nonprofit entities to conduct: (1) a cohort study of congenital heart disease, from birth to adulthood, that considers health care utilization, demographic factors, and outcomes. And (2) an awareness, outreach, and education campaign regarding congenital heart disease. The National Heart, Lung, and Blood Institute must report on its ongoing research efforts regarding congenital heart disease, future plans for such research, and areas of greatest need for such research.