SEC.   . STANDING FOR CERTAIN TAXPAYERS WITH REGARD TO SALE OF NET
              OPERATING LOSSES.

    (a) Subsection (c) of section 5021 of the Technical and
Miscellaneous Revenue Act of 1988 (Public Law 100-647) is amended to
read as follows:
    ``(c) Special Administrative Rules.--
            ``(1) Income included in native corporation return.--At the
        joint election of a Native Corporation and a corporation
        (referred to in this subsection (c) as the `buyer corporation')
        with which the Native Corporation entered into a transaction
        permitted under section 60(b)(5) of the Tax Reform Act of 1984
        and section 1804(e)(4) of the Tax Reform Act of 1986 (referred
        to in this subsection (c) as a `Native Corporation
        transaction'), income assigned, transferred or otherwise made
        available by the buyer corporation through the use of a
        corporation (referred to in this subsection (c) as the `profit
        subsidiary') by reason of such transaction for a period in
        which the profit subsidiary qualified as a member of the
        affiliated group of which the Native Corporation was the common
        parent shall be included in the taxable income of the Native
        Corporation affiliated group solely for purposes of section
        6212 of the Internal Revenue Code--
                    ``(A) Election.--The election under this subsection
                (c) for the taxable year to which the election relates
                shall be made no later than 120 days after the date of
                enactment of this amendment. The election shall be
                irrevocable and shall be made by filing with the
                district director for the Anchorage district office of
                the Internal Revenue Service a written statement signed
                by responsible officers of the Native Corporation and
                the electing buyer corporation that--
                            ``(i) identifies the Native Corporation,
                        the profit subsidiary, and the buyer
                        corporation (and their taxpayer identification
                        numbers) and states their agreement to make the
                        election provided in this subsection (c);
                            ``(ii) states the amount of income
                        assigned, transferred or otherwise made
                        available to the profit subsidiary for the
                        taxable year by reason of the Native
                        Corporation transaction;
                            ``(iii) if profit subsidiaries related to a
                        buyer corporation other than the electing buyer
                        corporation were members of the affiliated
                        group of which the Native Corporation was the
                        common parent, describes the order and the
                        amount of the losses and credits of the Native
                        Corporation affiliated group that were used to
                        offset the income of each profit subsidiary;
                            ``(iv) states the agreement of the buyer
                        corporation to consent under section 6501(c)(4)
                        of the Internal Revenue Code to extend the
                        periods of limitations for assessment and
                        collection solely with respect to the income of
                        the profit subsidiary for the affected taxable
                        period(s) to a date not less than 180 days
                        after the date the tax liability for the
                        taxable year in which the Native Corporation
                        transaction occurred is finally determined;
                            ``(v) states the agreement of the Native
                        Corporation to consent under section 6501(c)(4)
                        of the Internal Revenue Code to extend the
                        periods of limitations for assessment and
                        collection solely with respect to the income of
                        the profit subsidiary for the affected taxable
                        period(s) to a date not less than 120 days
                        after the date on which the Native Corporation
                        makes the election under this subsection; and
                            ``(vi) the Native Corporation and the buyer
                        corporation agree that the Service is
                        authorized to make any refund of any
                        overpayment that is determined to be due,
                        jointly to the Native Corporation and the
                        electing buyer corporation.
                If a Native Corporation has engaged in multiple Native
                Corporation transactions, such election shall be
                independently made by each buyer corporation on
                separate written statements. A buyer corporation that
                elects under this provision must so elect for all
                Native Corporation transactions with the particular
                Native Corporation with whom the election is made for
                which the statue of limitations for assessment is open.
                    ``(B) Taxable rate.--Notwithstanding section 11 of
                the Internal Revenue Code, any income of the profit
                subsidiary that is subject to the election provided in
                this subsection (c) shall be taxed at the rate that
                such income would have been taxed if it had been
                included in the return of the buyer corporation for the
                taxable year from which such income was assigned,
                transferred or otherwise made available. Solely for
                purposes of issuing a notice under section 6212 of the
                Internal Revenue Code to a Native Corporation for a
                Native Corporation transaction for which an election
                has been made under this subsection (c), the tax may be
                computed by applying the maximum corporate rate under
                section 11 of the Internal Revenue Code.
            ``(2) Treatment of native corporation as common parent as
        sole agent.--The common parent of an affiliated group which
        includes a Native Corporation that elects under subsection
        (c)(1) shall be the sole agent for the profit subsidiary for
        purposes of the Native Corporation transaction for the period
        of affiliation.
            ``(3) Collection of tax from buyer corporation.--For
        purposes of this subsection, the amount of any tax, interest,
        addition to tax, penalty or other amount attributable to the
        income of the profit subsidiary shall be paid by and be
        collectible from the profit subsidiary and the buyer
        corporation for the taxable year for which income was assigned,
        transferred or otherwise made available by the buyer
        corporation in connection with the Native Corporation
        transaction.
            ``(4) Payment of tax by native corporation.--If, after the
        election provided in subsection (c)(1) is made, the Native
        Corporation pays all or any part of the tax, interest, addition
        to tax, penalty or other amount attributable to the income of
        the profit subsidiary, such payment shall be deemed to be a
        payment by the buyer corporation for the taxable year for which
        such income would otherwise have been included in the buyer
        corporation's return if the election provided in subsection
        (c)(1) was not made--
                    ``(A) Filing of refund claim.--A Native Corporation
                that elects under subsection (c)(1) shall be treated as
                the taxpayer for purposes of sections 6402 and 6511 of
                the Internal Revenue Code with respect to all payments
                of tax, interest, additions to tax, penalties, or other
                amounts attributable to the income of the profit
                subsidiary and shall be entitled to file a claim for
                refund as the taxpayer with respect to any taxes,
                interest, additions to tax, penalties or other amounts
                attributable to the income of the profit subsidiary.
                    ``(B) Filing of refund suit.--A Native Corporation
                that elects under subsection (c)(1) shall be treated as
                the taxpayer for purposes of section 7422 of the
                Internal Revenue Code with respect to all payments of
                tax, interest, additions to tax, penalties, or other
                amounts attributable to the income of the profit
                subsidiary, and as the plaintiff for purposes of
                section 1402 of title 28, United States Code, and shall
                be entitled to file and maintain a proceeding in court
                as the taxpayer for the recovery of such amounts.
                    ``(C) Refund of overpayment.--In the event that an
                overpayment is determined to be due, whether by final
                administrative or judicial decision, with respect to a
                Native Corporation transaction (c)(1), the Native
                Corporation shall be treated as the person who made the
                overpayment within the meaning of section 6402(a) of
                the Internal Revenue Code. Notwithstanding any law or
                rule of law, including the preceding sentence, any
                refund of such overpayment may be made jointly to the
                Native Corporation and to the electing buyer
                corporation, as agreed to under paragraph (A)(v) of
                subsection (c)(1).
            ``(5) Participatory rights of electing buyer corporation.--
        Any buyer corporation that makes an election under subsection
        (c)(1) shall have the right to--
                    ``(A) submit a written statement and participate
                with the Native Corporation in any administrative
                proceeding relating to any proposed adjustment
                regarding a Native Corporation transaction for which an
                election has been made; and
                    ``(B) file an amicus brief in any proceeding in a
                Federal court or the United States Tax Court that has
                been filed by the Native Corporation involving a
                proposed adjustment regarding such a Native Corporation
                transaction.
        All written notices or other reports issued by the Secretary or
        his delegate with respect to such a Native Corporation
        transaction shall be issued to the Native Corporation, and it
        shall be the obligation of the Native Corporation to provide
        copies thereof to the electing buyer corporation. Rules similar
        to the rules of subparagraphs (B) and (C) of paragraph (7)
        shall apply for purposes of this paragraph.
            ``(6) Final determination of issues.--
                    ``(A) All issues with respect to the Native
                Corporation transaction with respect to which an
                election is made under subsection (c)(1), including the
                applicability of any interest, addition to tax, penalty
                or other amount, shall be determined by administrative
                or judicial decision with respect to the consolidated
                return of the Native Corporation affiliated group.
                    ``(B) Upon such determination, any income of the
                profit subsidiary that is not offset in the Native
                Corporation transaction shall be reported on the buyer
                corporation's return as if it were originally reported
                thereon and subject to all adjustments, including net
                operating loss or other carrybacks, to which such
                income would otherwise be subject.
            ``(7) No effect on nonelecting corporations.--The absence
        of an election by a Native Corporation and a buyer corporation
        with respect to a Native Corporation transaction shall not
        restrict the authority of the Secretary of the Treasury or his
        delegate to settle or litigate with any nonelecting buyer
        corporation with respect to any issue relating to such a
        transaction--
                    ``(A) Rights of native corporation.--For any such
                Native Corporation transaction for which no election is
                made under subsection (c)(1), the Native Corporation
                shall have the right to submit a written statement and
                participate with the buyer corporation in any
                administrative proceeding relating to any proposed
                adjustment regarding such Native Corporation
                transaction; and to file an amicus brief in any
                proceeding in a Federal court or the United States Tax
                Court that has been filed by the non-electing buyer
                corporation involving a proposed adjustment regarding
                such Native Corporation transaction.
                    ``(B) Extension of statute of limitations.--
                Subparagraph (A) shall not apply if the Secretary of
                the Treasury or his delegate determines that an
                extension of the statute of limitations is necessary to
                permit the participation described in subparagraph (A)
                and the taxpayer and the Secretary or his delegate have
                not agreed to such extension.
                    ``(C) Failures.--For purposes of the 1986 Code, any
                failure by the Secretary of the Treasury or his
                delegate to comply with the provisions of this
                subsection shall not affect the validity of the
                determination of the Internal Revenue Service of any
                adjustment of tax liability of any non-electing buyer
                corporation.
            ``(8) Effective date.--This provision shall be effective
        for all taxable years for which the statute of limitations for
        assessment with respect to an electing Native Corporation has
        not expired prior to the date of enactment of this Act--
                    ``(A) Extension of statute of limitations.--Any
                Native Corporation for which the statue of limitations
                for assessment will expire within 120 days after the
                date of enactment of this section shall have the right
                upon request to extend such statute of limitations
                pursuant to section 6501(c)(4) of the Internal Revenue
                Code to a date not less than 120 days after the date of
                enactment of this section.
                    ``(B) Period for assessments.--If the statute of
                limitations for assessments with respect to an electing
                Native Corporation has not expired prior to the date of
                the enactment of this Act, such period shall not expire
                before the date 120 days after the date on which the
                Native Corporation makes the election under this
                subsection.''.
    (b) Section 5021 of the Technical and Miscellaneous Revenue Act of
1988 (Public Law 100-647) is amended by adding, after subsection (e),
new subsection (f) to read as follows:
    ``(f) Increase in Underpayment Rate.--For purposes of determining
the amount of interest payable under section 6601 of the Internal
Revenue Code on a tax underpayment attributable to a Native Corporation
transaction for which an election has been made under subsection (c)
hereof, the underpayment rate otherwise applicable under section
6621(a) (2) or (c) of the Internal Revenue Code of 1986 shall be
increased by 0.5 percentage points.''.

Summary: Amends the Technical and Miscellaneous Revenue Act of 1988 to permit Alaska Native Corporations to litigate the validity of the sale of their net operating losses to other corporate buyers as reported on their tax returns, if the buyers so agree. Increases the interest on the underpayment rate for any underpayments resulting from such litigation.

A bill to provide Alaska Native Corporations, through an election process, standing to contest the disallowance of certain tax losses by the Internal Revenue Service if the purchasers of the losses agree; and to offset any associated revenue losses by increasing the interest rate on certain related tax deficiencies.


SECTION 1. SHORT TITLE

    This Act may be cited as the ``Lake Pontchartrain Basin Restoration
Act of 1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Lake Pontchartrain Basin forms one of the largest
        natural estuaries in the continental United States;
            (2) the Basin drains an area of almost 5,000 square miles
        from 16 Louisiana parishes and 4 Mississippi counties;
            (3) the ecology of the Basin provides the diverse essential
        habitat that supports countless species of fish, birds,
        mammals, and plants;
            (4) the extensive wetland of the Basin provides the primary
        nursery for much of the seafood harvested in the Gulf Coast;
            (5) conditions resulting from urbanization, increasing
        population growth and development, sewage and septic tank
        discharges, animal waste, herbicides, pesticides, fertilizers,
        stormwater runoff, sediments from construction, and sewage from
        fishing camps and residences should be addressed to improve the
        environment and ecology of the Basin;
            (6) a major source of pollution in the Basin is raw or
        partially treated human waste from--
                    (A) communities with poor sewer systems or without
                sewer systems; and
                    (B) septic tank systems that are not operating
                properly;
            (8) stormwater discharges that combine with effluent from
        sanitary discharges from broken lines are channeled directly
        into Lake Pontchartrain or adjacent bodies of water;
            (7) a number of local government agencies are working on
        restoration efforts that have a direct impact on water quality
        in the Basin, including the Department of Environmental Quality
        of Louisiana, the New Orleans Sewerage and Water Board,
        Jefferson Parish, and other governmental agencies;
            (8) a number of non-regulating organizations, such as the
        Lake Pontchartrain Basin Foundation and the University of New
        Orleans, are playing substantial, essential roles in
        restoration efforts;
            (9) the Lake Pontchartrain Basin Foundation, the University
        of New Orleans, and the Regional Planning Commission for
        Jefferson, Orleans, Plaquemines, St. Bernard, and St. Tammany
        Parishes, Louisiana, have entered into a memorandum of
        understanding to better facilitate the restoration and
        preservation of water quality and habitats throughout the
        Basin; and
            (10) the programs and activities of the various Federal
        agencies involved with administration of laws, programs, and
        assets that affect the water quality of the Basin, including
        the Environmental Protection Agency, the Army Corps of
        Engineers, the Department of Agriculture, the Department of the
        Interior, and other agencies, lack coordination and sufficient
        resources to measure and remediate water quality problems in
        the Basin.
    (b) Purposes.--The purposes of this Act are--
            (1) to coordinate the restoration efforts of Federal,
        State, and local agencies and organizations in the restoration
        of the Basin;
            (2) to establish the Lake Pontchartrain Basin Restoration
        Program in the office of the Environmental Protection Agency;
        and
            (3) to authorize and provide resources for restoration
        projects in the Basin.

SEC. 3. LAKE PONTCHARTRAIN BASIN.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:

``SEC. 121. LAKE PONTCHARTRAIN BASIN.

    ``(a) Definitions.--In this section:
            ``(1) Basin.--The term `Basin' means the Lake Pontchartrain
        Basin located in the State of Louisiana.
            ``(2) Council.--The term `Council' means the Lake
        Pontchartrain Executive Council established under subsection
        (b)(3)(A).
            ``(3) Management plan--The term `management plan' means the
        watershed management plan developed under subsection (b)(3)(B).
            ``(4) Program.--The term `program' means the Lake
        Pontchartrain Basin Restoration Program established under
        subsection (b)(1).
    ``(b) Lake Pontchartrain Basin Restoration Program.--
            ``(1) Establishment.--Not later than 180 days after the
        date of enactment of this section, the Administrator shall
        establish within the Environmental Protection Agency the Lake
        Pontchartrain Basin Restoration Program.
            ``(2) Purposes.--The purposes of the program shall be--
                    ``(A) to coordinate efforts among and provide
                resources to the various Federal, State, and local
                governmental agencies and nonregulatory organizations
                to reduce pollution in the Basin; and
                    ``(B) to restore the Basin to ecological health.
            ``(3) Administration.--
                    ``(A) Lake pontchartrain executive council.--Not
                later than 180 days after the date of enactment of this
                section, the Administrator shall establish the Lake
                Pontchartrain Executive Council, to be composed of--
                            ``(i) the Administrator;
                            ``(ii) the Governor of the State of
                        Louisiana;
                            ``(iii) the Chairman of the Regional
                        Planning Commission;
                            ``(iv) the Chancellor of the University of
                        New Orleans; and
                            ``(v) the Executive Director of the Lake
                        Pontchartrain Basin Foundation.
                    ``(B) Management plan.--
                            ``(i) In general.--Not later than 180 days
                        after the date of enactment of this section,
                        the Administrator, in cooperation with
                        appropriate Federal, State, and local
                        authorities, shall assist the Council in
                        developing a comprehensive, multiuse, watershed
                        management plan for the restoration and
                        protection of the Basin.
                            ``(ii) Assistance.--Assistance provided by
                        the Administrator under subparagraph (A) shall
                        include grants for and technical assistance
                        in--
                                    ``(I) developing an annual work
                                plan endorsed by the Council;
                                    ``(II) supporting Basin-wide
                                environmental monitoring and research
                                to provide technical and scientific
                                information necessary to support
                                management decisions;
                                    ``(III) developing a comprehensive
                                research plan to address the technical
                                needs of the program; and
                                    ``(IV) recommending restoration
                                projects for implementation by the
                                State of Louisiana, parishes, and
                                nongovernmental entities.
    ``(c) Restoration Projects.--In accordance with the management
plan, the Administrator shall provide funding and oversight to carry
out voluntary restoration projects for the Basin that--
            ``(1) address human waste problems in the Basin by
        providing a cost-sharing construction and education program
        that offers incentives to parishes and local communities to
        improve sewage treatment facilities and procedures (including
        the continuation of funding for the inflow and infiltration
        projects of Orleans and Jefferson Parishes, Louisiana);
            ``(2) provide critical assistance to agricultural operators
        designed to address and curb agricultural runoff into the
        Basin;
            ``(3) provide for the rerouting of discharges from selected
        pumping stations through adjacent wetland, using existing
        canals and small water control structures, in order to use
        natural wetland to filter pollutants from urban stormwater;
            ``(4) improve Basin water quality--
                    ``(A) by eliminating discharges of raw or partially
                treated sewage from fishing camps and residences;
                    ``(B) where there are approved municipal or
                community sewage systems, by providing tie-ins from
                those systems for fishing camps and residences; and
                    ``(C) by establishing new sanitation and sewage
                systems where needed;
            ``(5) reverse the trend of decreasing acreage of coastal
        wetland in the Basin by creating new sustainable wetland
        habitat; and
            ``(6) retain the integrity of natural structural elements
        in the coastal landscape, such as ridges and barrier islands,
        in order to reduce storm surge impacts to essential habitats
        and human infrastructure.
    ``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary, to remain available until
expended--
            ``(1) to continue to provide priority funding for the New
        Orleans Inflow and Infiltration Project sponsored by the New
        Orleans Sewerage and Water Board and Jefferson Parish,
        Louisiana; and
            ``(2) to carry out subsections (b) and (c).''.

Summary: Lake Pontchartrain Basin Restoration Act of 1999 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to establish the Lake Pontchartrain Basin Restoration Program within EPA. Directs the Administrator to: (1) establish the Lake Pontchartrain Executive Council. (2) assist the Council in developing a comprehensive, multi-use watershed management plan for the restoration and protection of the Basin. And (3) provide funding and oversight for voluntary restoration projects for the Basin. Authorizes appropriations to: (1) continue to provide priority funding for the New Orleans Inflow and Infiltration Project sponsored by the New Orleans Sewerage and Water Board and Jefferson Parish, Louisiana, and (2) carry out this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Technology Administration
Authorization Act of 1995''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) Under Secretary for Technology.--(1) There are authorized to be
appropriated to the Secretary of Commerce for the activities of the
Under Secretary for Technology/Office of Technology Policy $5,000,000
for fiscal year 1996.
    (2) With the Fiscal Year 1997 budget submission for the Department
of Commerce, the Secretary of Commerce shall submit to Congress a
strategic plan for phasing out the Office of Technology Policy during
fiscal year 1996 by eliminating nonessential functions and transferring
any essential functions to the National Institute of Standards and
Technology.
    (b) National Institute of Standards and Technology.--For each of
fiscal years 1996, 1997, and 1998, there are authorized to be
appropriated to the Secretary of Commerce for the following activities
of the National Institute of Standards and Technology:
            (1) For Scientific and Technical Research and Services,
        $263,000,000.
            (2) For Industrial Technology Services, $427,000,000, but
        no appropriations are authorized for Advanced Technology
        Program grants awarded after October 1, 1995.
            (3) For Construction of Research Facilities, $60,000,000.

SEC. 3. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE TECHNOLOGY.

    The National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended by redesignating section 31 as section 32 and
by inserting after section 30 the following:

                    ``COMPETITIVE TECHNOLOGY PROGRAM

    ``Sec. 31. (a) Findings.--Congress finds that--
            ``(1) it is in the National interest for the federal
        government to take appropriate steps in order to strengthen the
        competitiveness of research institutions and industry in our
        rural and less populous states that historically have not been
        included as full partners in the federal research and
        development enterprise;
            ``(2) the research institutions in our rural and less
        populous states represent a valuable and productive research
        and technological base that has generated important
        breakthrough advances in science and technology and helped
        boost the Nation's economy;
            ``(3) as part of its mission to help increase U.S.
        competitiveness, the National Institute of Standards and
        Technology (NIST) of the Department of Commerce, has an
        important role in strengthening and broadening the research and
        technology base in our rural and less populous states;
            ``(4) the Experimental Program to Stimulate Competitive
        Research (EPSCOR) at the National Science Foundation and
        similar programs at the National Aeronautics and Space
        Administration and other federal science agencies have been
        extremely successful in strengthening the research base of our
        rural and less populous states by funding, on a competitive,
        peer-reviewed basis, research grant proposals from those
        states; and
            ``(5) the establishment at NIST of a program based on the
        EPSCOR concept would both build on the progress of the other
        federal agencies' EPSCOR activities and further broaden the
        Nation's scientific and technology base to embrace the quality
        research institutions in rural and less populous states.
    ``(b) Policy.--It is the policy of the United States that--
            ``(1) NIST should conduct appropriate programs and
        activities to strengthen and broaden the Nation's scientific
        and technology capabilities and infrastructure;
            ``(2) NIST should develop programs and activities to
        support research efforts in our rural and less populous states
        to enhance U.S. industrial competitiveness; and
            ``(3) such programs and activities should be coordinated
        and made consistent with the Experimental Program to Stimulate
        Competitive Research at the National Science Foundation and
        similar programs at other federal science agencies.
    ``(c) Requirements.--
            ``(1) Competition.--Through the National Institute of
        Standards and Technology, the Secretary of Commerce shall
        establish an Experimental Program to Stimulate Competitive
        Technology (EPSCOT). EPSCOT shall provide grants on a
        competitive and peer-reviewed basis to qualified institutions
        in eligible States. Such grants shall be awarded for any
        purpose consistent with and in furtherance of the mission of
        the Institute including, but not limited to, research,
        technology transfer, outreach activities, economic development,
        and education. In evaluating a grant application under EPSCOT,
        the Secretary of Commerce shall consider--
                    ``(A) the application's merit and relevance to
                mission of the Institute;
                    ``(B) the potential for the grant to serve as a
                catalyst to enhance the ability of researchers in the
                State to become more competitive for regular civilian
                research funding;
                    ``(C) the potential for the grant to improve the
                environment for science, mathematics, and engineering
                education in the State; and
                    ``(D) the need to assure the maximum distribution
                of grants among eligible States, consistent with merit.
            ``(2) Supplemental grants.--The Secretary of Commerce shall
        endeavor, where appropriate, to supplement grants made under
        subsection (a) with such grants for fellowships, traineeships,
        equipment, or instrumentation as practicable.
            ``(3)Definitions.--For the purposes of this section--
                    ``(A) the term `qualified institutions' means small
                and medium-sized companies, colleges, universities,
                not-for-profit institutions, local and state
                governments, individuals with a record of achievement
                in science and technology, and any other persons or
                entities deemed qualified by the Secretary of Commerce,
                but not large companies and
                    ``(B) the term `eligible states' means a State
                designated as eligible to compete in the National
                Science Foundation's Experimental Program to Stimulate
                Competitive Research.
    ``(e) Authorization of Appropriations.--To implement EPSCOT and any
related activities, the Secretary of Commerce shall ensure that up to
$10,000,000 from the appropriations authorized for the Industrial
Technology Services account at the National Institute of Standards and
Technology are used for purposes of establishing and developing an
Experimental Program to Stimulate Competitive Technology Research at
the agency.''.

SEC. 4. ELIMINATION OF NATIONAL QUALITY COUNCIL.

    Section 507 of the American Technology Preeminence Act of 1991 (15
U.S.C. 3717) is hereby repealed.

SEC. 5. FASTENER QUALITY ACT AMENDMENTS.

    (a) Section 2 Amendments.--Section 2 of the Fastener Quality Act
(15 U.S.C. 5401) is amended--
            (1) by striking subsection (a)(4), and redesignating
        paragraphs (5) through (9) as paragraphs (4) through (8),
        respectively;
            (2) by striking ``by lot number'' in subsection (a)(7), as
        so redesignated by paragraph (1) of this subsection; and
            (3) by striking ``used in critical applications'' in
        subsection (b) and inserting ``in commerce''.
    (b) Section 3 Amendments.--Section 3 of the Fastener Quality Act
(15 U.S.C. 5402) is amended--
            (1) by striking ``having a minimum tensile strength of
        150,000 pounds per square inch'' in paragraph (1)(B) and
        inserting ``having a minimum Rockwell C hardness of 40 or
        above'';
            (2) in paragraph (2)--
                    (A) by inserting ``International Organization for
                Standardization,'' after ``Society of Automotive
                Engineers,''; and
                    (B) by inserting ``consensus'' after ``or any
                other'';
            (3) in paragraph (5)--
                    (A) by inserting ``or'' after ``standard or
                specification,'' in subparagraph (B);
                    (B) by striking ``or'' at the end of subparagraph
                (C);
                    (C) by striking subparagraph (D); and
                    (D) by inserting ``or produced in accordance with
                ASTM F 432'' after ``307 Grade A'';
            (4) by striking ``other person'' in paragraph (6) and
        inserting ``government agency'';
            (5) by striking ``Standard'' in paragraph (8) and inserting
        ``Standards'';
            (6) by striking paragraph (11) and redesignating paragraphs
        (12) through (15) as paragraphs (11) through (14),
        respectively;
            (7) by striking ``, a government agency'' and all that
        follows through ``markings of any fastener'' in paragraph (13),
        as so redesignated, and inserting ``or a government agency'';
        and
            (8) by inserting ``for the purpose of achieving a uniform
        hardness'' in paragraph (14), as so redesignated, after
        ``quenching and tempering''.
    (c) Section 4 Repeal.--Section 4 of the Fastener Quality Act (15
U.S.C. 5404) is repealed.
    (d) Section 5 Amendments.--Section 5 of the Fastener Quality Act
(15 U.S.C. 5404) is amended--
            (1) by striking ``subsections (b) and (c)'' in subsection
        (a)(1)(B) and (2)(A)(i) and inserting ``subsections (b), (c),
        and (d)'';
            (2) by striking ``or, where applicable'' and all that
        follows through ``section 7(c)(1)'' in subsection (c)(2);
            (3) by striking ``, such as the chemical, dimensional,
        physical, mechanical, and any other'' in subsection (c)(3);
            (4) by inserting ``except as provided in subsection (d),''
        in subsection (c)(4) before ``state whether''; and
            (5) by adding at the end the following new subsection:
    ``(d) Alternative Procedure for Chemical Characteristics.--
Notwithstanding the requirements of subsections (b) and (c), a
manufacturer shall be deemed to have demonstrated, for purposes of
subsection (a)(1), that the chemical characteristics of a lot conform
to the standards and specifications to which the manufacturer
represents such lot has been manufactured if the following requirements
are met:
            ``(1) The coil or heat number of metal from which such lot
        was fabricated has been inspected and tested with respect to
        its chemical characteristics by a laboratory accredited in
        accordance with the procedures and conditions specified by the
        Secretary under section 6.
            ``(2) Such laboratory has provided to the manufacturer,
        either directly or through the metal manufacturer, a written
        inspection and testing report, which shall be in a form
        prescribed by the Secretary by regulation, listing the chemical
        characteristics of such coil or heat number.
            ``(3) The report described in paragraph (2) indicates that
        the chemical characteristics of such coil or heat number
        conform to those required by the standards and specifications
        to which the manufacturer represents such lot has been
        manufactured.
            ``(4) The manufacturer demonstrates that such lot has been
        fabricated from the coil or heat number of metal to which the
        report described in paragraphs (2) and (3) relates.
In prescribing the form of report required by subsection (c), the
Secretary shall provide for an alternative to the statement required by
subsection (c)(4), insofar as such statement pertains to chemical
characteristics, for cases in which a manufacturer elects to use the
procedure permitted by this subsection.''.
    (e) Section 6 Amendment.--Section 6(a)(1) of the Fastener Quality
Act (15 U.S.C. 5405(a)(1)) is amended by striking ``Within 180 days
after the date of enactment of this Act, the'' and inserting ``The''.
    (f) Section 7 Amendments.--Section 7 of the Fastener Quality Act
(15 U.S.C. 5406) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Domestically Produced Fasteners.--It shall be unlawful for a
manufacturer to sell any shipment of fasteners covered by this Act
which are manufactured in the United States unless the fasteners--
            ``(1) have been manufactured according to the requirements
        of the applicable standards and specifications and have been
        inspected and tested by a laboratory accredited in accordance
        with the procedures and conditions specified by the Secretary
        under section 6; and
            ``(2) an original laboratory testing report described in
        section 5(c) and a manufacturer's certificate of conformance
        are on file with the manufacturer, or under such custody as may
        be prescribed by the Secretary, and available for
        inspection.'';
            (2) by inserting ``label'' after ``private'' the first
        place it appears in subsection (c)(2);
            (3) by inserting ``to the same'' in subsection (c)(2) after
        ``in the same manner and'';
            (4) by striking ``certificate'' in subsection (d)(1) and
        inserting ``test report'';
            (5) by striking subsection (e) and inserting the following:
    ``(e) Commingling.--It shall be unlawful for any manufacturer,
importer, or private label distributor to commingle like fasteners from
different lots in the same container; except that such manufacturer,
importer, or private label distributor may commingle like fasteners of
the same type, grade, and dimension from not more than two tested and
certified lots in the same container during repackaging and plating
operations: Provided, that any container which contains the fasteners
from two lots shall be conspicuously marked with the lot identification
numbers of both lots.''; and
            (6) by striking subsection (f) and inserting the following:
    ``(f) Subsequent Purchaser.--If a person who purchases fasteners
for any purpose so requests either prior to the sale or at the time of
sale, the seller shall conspicuously mark the container of the
fasteners with the lot number from which such fasteners were taken.''.
    (g) Section 9 Amendment.--Section 9 of the Fastener Quality Act (15
U.S.C. 5408) is amended by adding at the end the following new
subsection:
    ``(d) Enforcement.--The Secretary may designate officers or
employees of the Department of Commerce to conduct investigations
pursuant to this Act. In conducting such investigations, those officers
or employees may, to the extent necessary or appropriate to the
enforcement of this Act, exercise such authorities as are conferred
upon them by other laws of the United States, subject to policies and
procedures approved by the Attorney General.''.
    (h) Section 10 Amendments.--Section 10 of the Fastener Quality Act
(15 U.S.C. 5409) is amended--
            (1) by striking ``10 years''in subsections (a) and (b) and
        inserting ``5 years''; and
            (2) by striking ``any subsequent'' in subsection (b) and
        inserting ``the subsequent''.
    (i) Section 13 Amendment.--Section 13 of the Fastener Quality Act
(15 U.S.C. 5412) is amended by striking ``within 180 days after the
date of enactment of this Act''.
    (j) Section 14 Repeal.--Section 14 of the Fastener Quality Act (15
U.S.C. 5413) is repealed.

Summary: Technology Administration Authorization Act of 1995 - Authorizes appropriations to the Secretary of Commerce for: (1) the Under Secretary for Technology-Office of Technology Policy. And (2) the National Institute of Standards and Technology (NIST). Directs the Secretary to submit to the Congress a plan for phasing out the Office of Technology Policy and transferring essential functions to NIST. Amends the National Institute of Standards and Technology Act to direct the Secretary to establish an Experimental Program to Stimulate Cooperative Technology which shall make grants in furtherance of NIST's mission. Amends the American Technology Preeminence Act of 1991 to eliminate the National Quality Council. Amends the Fastener Quality Act with regard to metal chemistry testing, commingling of fasteners in distribution, and acceptance of nonconforming fasteners.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Broadcasting Reauthorization
Act of 2004''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) Corporation for Public Broadcasting.--Section 396(k)(1) of the
Communications Act of 1934 (47 U.S.C. 396(k)(1)) is amended by striking
subparagraphs (B) through (F) and inserting the following:
    ``(B) There is authorized to be appropriated to the Fund, for each
of the fiscal years 2007, 2008, 2009, 2010, and 2011, an amount equal
to 40 percent of the total amount of non-Federal financial support
received by public broadcasting entities during the second fiscal year
preceding each such fiscal year, except that the amount so appropriated
shall not exceed--
            ``(i) $416,000,000 for fiscal year 2007;
            ``(ii) $432,000,000 for fiscal year 2008;
            ``(iii) $450,000,000 for fiscal year 2009;
            ``(iv) $468,000,000 for fiscal year 2010; and
            ``(v) $487,000,000 for fiscal year 2011.
    ``(C) In addition to any amounts authorized under any other
provision of this or any other Act, there are authorized to be
appropriated to the Fund, (notwithstanding any other provision of this
subsection) specifically for transition from the use of analog to
digital technology for the provision of public telecommunications
services and for the acquisition or production of digital programming
of local, regional, and national interest--
            ``(i) $50,000,000 for fiscal year 2005;
            ``(ii) $50,000,000 for fiscal year 2006;
            ``(iii) $40,000,000 for fiscal year 2007;
            ``(iv) $30,000,000 for fiscal year 2008; and
            ``(v) $20,000,000 for fiscal year 2009.
    ``(D) Funds appropriated under this subsection shall remain
available until expended and shall be disbursed by the Secretary of the
Treasury for obligation and expenditure as soon after appropriation as
practicable. The Corporation shall distribute funds authorized by
subparagraph (C) and allocated to public broadcast stations under this
subsection as expeditiously as practicable when made available by the
Secretary of the Treasury, and in a manner that is determined, in
consultation with public radio and television licensees or permittees
and their designated representatives.''.
    (b) Public Broadcasting Interconnection System.--Section 396(k)(10)
of the Communications Act of 1934 (47 U.S.C. 396(k)(10)) is amended by
striking subparagraphs (B) and (C) and inserting the following:
    ``(B) There are authorized to be appropriated to the Satellite
Interconnection Fund $250,000,000 for fiscal year 2005. If the amount
appropriated to the Satellite Interconnection Fund for fiscal year 2005
is less than $250,000,000, the amount by which that sum exceeds the
amount appropriated is authorized to be appropriated for fiscal years
2006 through 2008 until the full $250,000,000 has been appropriated to
the Fund. Funds appropriated to the Satellite Interconnection Fund
shall remain available until expended.
    ``(C) The Secretary of the Treasury shall make available and
disburse to the Corporation, at the beginning of fiscal year 2005 and
of each succeeding fiscal year thereafter, such funds as have been
appropriated to the Satellite Interconnection Fund for the fiscal year
in which such disbursement is to be made.''.
    (c) Public Telecommunications Facilities Program Grants.--Section
391 of the Communications Act of 1934 (47 U.S.C. 391) is amended--
            (1) by striking ``$42,000,000 for each of the fiscal years
        1992, 1993, and 1994,'' and inserting ``$50,000,000 for fiscal
        year 2005, $52,000,000 for fiscal year 2006, $54,008,000 for
        fiscal year 2007, $56,240,000 for fiscal year 2008, $58,490,000
        for fiscal year 2009, $60,820,000 for fiscal year 2010, and
        $63,250,000 for fiscal year 2011,''; and
            (2) by striking ``facilities'' each place it occurs and
        inserting ``facilities, including analog and digital broadcast
        facilities and equipment,''.

SEC. 3. RECOUPMENT OF FUNDS BY CORPORATION.

    Section 396(k) of the Communications Act of 1934 (47 U.S.C. 396(k))
is amended by adding at the end the following:
            ``(13) Funds may not be distributed pursuant to this
        section to any public broadcast station unless it agrees that,
        upon request by the Corporation, at such time as it ceases to
        provide public telecommunications services or transfers or
        assigns its broadcast license or permit to an entity that will
        not provide public telecommunications services (as defined in
        section 397(14) of this Act), it will--
                    ``(A) return any or all unexpended funds for all
                grants made by the Corporation; and
                    ``(B) with respect to grants made by the
                Corporation during the prior 5 years for the purchase
                or construction of public telecommunications
                facilities, return an amount that is no more than an
                amount bearing the same ratio to the current value of
                such facilities at the time of cessation of public
                telecommunications service as the ratio that the
                Corporation's contribution bore to the total cost of
                purchasing or constructing such facilities.''.

SEC. 4. REDEFINITION OF PUBLIC TELECOMMUNICATIONS SERVICES TO INCLUDE
              NEW TECHNOLOGIES.

    (a) Transition and Programming Authorization.--Section 396(k)(1)(C)
of the Communications Act of 1934 (47 U.S.C. 396(k)(1)(C)), as amended
by section 2(a) of this Act, is further amended by striking ``public
broadcasting services,'' and inserting ``public telecommunications
services,''.
    (b) Public Telecommunications Services To Include New
Technologies.--Section 397(14) of the Communications Act of 1934 (47
U.S.C 397(14)) is amended to read as follows:
    ``(14) The term `public telecommunications services' means
noncommercial educational and cultural--
                    ``(A) radio and television programming or other
                content; and
                    ``(B) instructional or informational material
                (including data) transmitted electronically.''.

SEC. 5. LOCAL CONTENT, PROGRAMMING, AND SERVICES.

    Section 396(k)(7) of the Communications Act of 1934 (47 U.S.C.
396(k)(7)) is amended by striking ``to the production and acquisition
of programming.'' and inserting ``to the support of content,
programming, and services, especially those that serve the needs and
interests of the recipient's local community.''.

Summary: Public Broadcasting Reauthorization Act of 2004 - Amends the Communications Act of 1934 to authorize appropriations for: (1) FY 2007 through 2011 for the Public Broadcasting Fund, including funds for FY 2005 through 2009 specifically for transition from the use of analog to digital technology for the provision of public telecommunication services and for acquisition or production of digital programming of local, regional, and national interest. (2) FY 2005 for the Satellite Interconnection Fund, including for FY 2006 through 2008 up to the amount authorized for FY 2005 if the amount appropriated is less. And (3) FY 2005 through 2011 for public telecommunications facilities programs, including analog and digital broadcast facilities and equipment. Provides for recoupment by the Public Broadcasting Corporation of unexpended funds from a public broadcast station that ceases to provide public telecommunications services, or transfers its license or permit to an entity that will not provide such services. Redefines public broadcast services as public telecommunications services, namely noncommercial educational and cultural: (1) radio and television programming or other content. And (2) instructional or informational material transmitted electronically. Revises the authority of licensees and permittees of public radio stations to use funds distributed by the Corporation at their discretion for purposes related primarily to the production and acquisition of programming. Authorizes such recipients to use such funds primarily for the support of content, programming, and services, especially those that serve the needs and interests of the recipient's local community.

A bill to amend the Communications Act of 1934 to authorize appropriations for the Corporation for Public Broadcasting, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High School Sports Information
Collection Act of 2009''.

SEC. 2. STATISTICS ON EQUALITY IN ATHLETIC PROGRAMS.

    Section 153 of the Education Sciences Reform Act of 2002 (20 U.S.C.
9543) is amended by adding at the end the following:
    ``(c) Equality in Athletic Programs.--
            ``(1) In general.--The Statistics Commissioner shall
        collect, annually, for the immediately preceding academic year,
        from each coeducational secondary school that receives Federal
        financial assistance that has an athletic program, the
        following information:
                    ``(A) The number of male and female students that
                attended the school and for each student an
                identification of such student's--
                            ``(i) race; and
                            ``(ii) ethnicity.
                    ``(B) A listing of the teams that competed in
                athletic competition and for each such team the
                following data:
                            ``(i) The season in which the team
                        competed.
                            ``(ii) The total number of participants as
                        of the day of the first scheduled contest for
                        the team, and for each participant an
                        identification of such participant's--
                                    ``(I) gender;
                                    ``(II) race; and
                                    ``(III) ethnicity.
                            ``(iii) The total expenditures for the
                        team, including the following data:
                                    ``(I) The travel expenditures.
                                    ``(II) The equipment expenditures
                                (including any equipment replacement
                                schedule).
                                    ``(III) The uniform expenditures
                                (including any uniform replacement
                                schedule).
                                    ``(IV) The expenditures for
                                facilities, including medical
                                facilities, locker rooms, fields, and
                                gymnasiums.
                                    ``(V) The total number of trainers
                                and medical personnel, and for each
                                trainer or medical personnel an
                                identification of such person's--
                                            ``(aa) gender;
                                            ``(bb) employment status
                                        (including whether such person
                                        is employed full-time or part-
                                        time, and whether such person
                                        is a head or assistant trainer
                                        or medical services provider)
                                        and duties other than providing
                                        training or medical services;
                                        and
                                            ``(cc) qualifications,
                                        including whether the person is
                                        a professional or student.
                                    ``(VI) The expenditures for
                                publicity for competitions.
                            ``(iv) The total number of coaches, and for
                        each coach an identification of such coach's--
                                    ``(I) gender;
                                    ``(II) employment status (including
                                whether such coach is employed full-
                                time or part-time, and whether such
                                coach is a head or assistant coach) and
                                duties other than coaching; and
                                    ``(III) qualifications, including
                                whether the person is a professional or
                                student.
                            ``(v) The total number of competitions
                        scheduled, and for each scheduled competition
                        an indication of what day of the week and time
                        the competition was scheduled.
                            ``(vi) Whether such team participated in
                        postseason competition, and the success of such
                        team in any postseason competition.
                            ``(vii) The total number of practices
                        scheduled, and for each scheduled practice an
                        indication of what day of the week and time the
                        practice was scheduled.
            ``(2) Disclosure of information to students and public.--A
        coeducational secondary school described in paragraph (1)
        shall--
                    ``(A) make available to students and potential
                students, upon request, and to the public, the
                information contained in reports by the school under
                this subsection by October 15 of each school year; and
                    ``(B) ensure that all students at the school are
                informed of their right to request such information.
            ``(3) Submission; information availability.--On an annual
        basis, each coeducational secondary school described in
        paragraph (1) shall provide the information contained in each
        report by the school under this subsection to the Statistics
        Commissioner not later than 15 days after the date that the
        school makes such information available under paragraph (2).
            ``(4) Duties of commissioner for education statistics.--The
        Statistics Commissioner shall--
                    ``(A) ensure that reports under this subsection are
                posted on the Department of Education's website within
                a reasonable period of time; and
                    ``(B) not later than 180 days after the date of
                enactment of the High School Sports Information
                Collection Act of 2009--
                            ``(i) notify all secondary schools in all
                        States regarding the availability of
                        information under paragraph (2); and
                            ``(ii) issue guidance to all schools on how
                        to collect and report the information required
                        under this subsection.''.

Summary: High School Sports Information Collection Act of 2009 - Amends the Education Sciences Reform Act of 2002 to require the Commissioner of the National Center for Education Statistics to collect the following information annually from each coeducational secondary school that receives federal financial assistance and that has an athletic program: (1) the number, gender, race, and ethnicity of students that attended the school. And (2) for each team that competed in athletic competition, the number, gender, race, and ethnicity of participants, the total expenditures, the number, gender, employment status, and qualifications of trainers, medical personnel, and coaches, and the number of competitions and practices scheduled. Requires such schools to: (1) make such information available to students and potential students, upon request, and to the public by October 15 of each school year. (2) ensure that all students at the school are informed of their right to request such information. And (3) annually provide such information to the Commissioner. Directs the Commissioner to: (1) ensure that such information is posted on the Department of Education's website. (2) notify all secondary schools regarding the availability of the information. And (3) issue guidance on how to collect and report the information required under this Act.

A bill to amend the Education Sciences Reform Act of 2002 to require the Statistics Commissioner to collect information from coeducational secondary schools on such schools' athletic programs, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth in Tuna Labeling Act of
2003''.

SEC. 2. FINDINGS.

    Congress finds that:
            (1) Consumers have the right to know whether the tuna that
        they purchase was caught using technologies that kill, harass,
        adversely impact, or endanger dolphins, porpoises, and whales.
            (2) The provisions of the Dolphin Protection Consumer
        Information Act that require ``dolphin safe'' labeling have
        served as an incentive to reduce dolphin mortalities.
            (3) According to the Annual Report of the Marine Mammal
        Commission and the Inter-American Tropical Tuna Commission,
        dolphin mortality has decreased from more than 100,000 dolphin
        kills each year to fewer than 2,000 kills each year since the
        passage of the ``dolphin safe'' label requirements in 1990.
            (4) In 1997, Congress began to erode the ``dolphin safe''
        label, creating exceptions that permit purse seine netting in
        the Eastern Tropical Pacific and other destructive fishing
        practices to be used during tuna fishing. On December 31, 2002,
        the Secretary of Commerce decided to permit tuna caught using
        these destructive practices to be labeled ``dolphin safe'', a
        decision that will blatantly mislead the American public. The
        Secretary's decision will result in an estimated 20,000 to
        40,000 dolphin deaths each year.

SEC. 3. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER INFORMATION ACT.

    The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is
amended--
            (1) by striking subsections (d) through (h); and
            (2) by inserting the following:
    ``(d) Labeling Standard.--It is a violation of section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) for any producer, importer,
exporter, distributor, or seller of any tuna product that is exported
from or offered for sale in the United States to include on the label
of that product the term `Dolphin Safe' or any other term or symbol
that claims or suggests that the tuna contained in the product was
harvested using a method of fishing that is not harmful to dolphins if
the tuna product contains tuna harvested--
            ``(1) on the high seas by a vessel engaged in driftnet
        fishing;
            ``(2) outside the eastern tropical Pacific Ocean by a
        vessel using purse seine nets--
                    ``(A) in a fishery in which the Secretary has
                determined that a regular and significant association
                occurs between dolphins and tuna (similar to the
                association between dolphins and tuna in the eastern
                tropical Pacific Ocean), unless such product is
                accompanied by a written statement, executed by the
                captain of the vessel and an observer participating in
                a national or international program acceptable to the
                Secretary, certifying that no purse seine net was
                intentionally deployed on dolphins or used to encircle
                dolphins and that no dolphins were intentionally chased
                or harassed during the particular voyage on which the
                tuna were caught and no dolphins were killed or
                seriously injured in the sets in which the tuna were
                caught; or
                    ``(B) in any other fishery (other than a fishery
                described in paragraph (3)) unless the product is
                accompanied by a written statement executed by the
                captain of the vessel certifying that no purse seine
                net was intentionally deployed on or used to encircle
                dolphins during the particular voyage on which the tuna
                was harvested;
            ``(3) by a vessel in a fishery other than one described in
        paragraph (1), (2) or (4) that is identified by the Secretary
        as having a regular and significant mortality or serious injury
        of dolphins, unless such product is accompanied by a written
        statement executed by the captain of the vessel and an observer
        participating in a national or international program acceptable
        to the Secretary that no dolphins were killed or seriously
        injured in the sets or other gear deployments in which the tuna
        were caught, provided that the Secretary determines that such
        an observer statement is necessary; or
            ``(4) except as provided in subsection (e), in the eastern
        tropical Pacific Ocean by a vessel using purse seine nets.
    ``(e) Special Requirements.--A tuna product that contains tuna
harvested in the eastern tropical Pacific Ocean by a fishing vessel
using purse seine nets may include on the label of that product the
term `Dolphin Safe' or other term or symbol that claims or suggests
that the tuna contained in the product was harvested using a method of
fishing that is not harmful to dolphins if--
            ``(1) the vessel that harvested the tuna is of a type and
        size that the Secretary has determined is not capable of
        deploying its purse seine nets on dolphins or to encircle
        dolphins; or
            ``(2) the tuna product is accompanied by a written
        statement--
                    ``(A)(i) executed by the captain of the vessel
                which harvested the tuna certifying that no tuna were
                caught on the trip in which such tuna were harvested
                using a purse seine net intentionally deployed on
                dolphins or to encircle dolphins, that no dolphins were
                intentionally chased or harassed in connection with the
                trip, and that no dolphins were killed or seriously
                injured during the sets in which the tuna were caught;
                or
                    ``(ii) which states that an approved observer was
                on board the vessel during the entire trip in which
                such tuna were harvested and that purse seine nets were
                not intentionally deployed on dolphins or to encircle
                dolphins, that no dolphins were intentionally chased or
                harassed in connection with the trip, and that no
                dolphins were killed or seriously injured during the
                sets in which the tuna were caught and that is executed
                by--
                            ``(I) the Secretary;
                            ``(II) a representative of the Inter-
                        American Tropical Tuna Commission; or
                            ``(III) an authorized representative of a
                        country that is a signatory to the Agreement on
                        the International Dolphin Conservation Program,
                        done at Washington May 21, 1998, whose observer
                        program has been approved by the Inter-American
                        Tropical Tuna Commission or the Secretary; and
                    ``(B) that is endorsed in writing by each exporter,
                importer, and processor of the tuna product.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by section 3 shall take effect on December 30,
2002.

Summary: Truth in Tuna Labeling Act of 2003 - Amends the Dolphin Protection Consumer Information Act to declare that a tuna product labeled dolphin safe violates the Federal Trade Commission Act unless it is accompanied by a certificate stating that no dolphins were intentionally chased or harassed during the particular voyage on which the tuna were caught using purse seine nets. Applies this mandate to tuna products harvested either outside or inside the eastern tropical Pacific Ocean.

A bill to amend the labeling requirements of the Dolphin Protection Consumer Information Act, and for other purposes.


SECTION 1. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Extension services such as the Manufacturing Extension
        Partnership and the Agricultural Extension Service have proven
        to be effective public-private partnerships to integrate new
        technologies and to improve utilization of existing
        technologies by small to medium sized manufacturers and the
        United States agricultural community.
            (2) Undergraduate institutions of higher education working
        with nonprofit organizations and State and Federal agencies can
        tailor educational technology extension programs to meet
        specific local and regional requirements.
            (3) Undergraduate institutions of higher education, often
        with the assistance of the National Science Foundation, have
        during the past 20 years been integrating educational
        technologies into their curriculums, and as such can draw upon
        their own experiences to advise elementary and secondary school
        educators on ways to integrate a variety of educational
        technologies into the educational process.
            (4) Many elementary and secondary school systems,
        particularly in rural and traditionally underserved areas, lack
        general information on the most effective methods to integrate
        their existing technology infrastructure, as well as new
        educational technology, into the educational process and
        curriculum.
            (5) Most Federal and State educational technology programs
        have focused on acquiring educational technologies with less
        emphasis on the utilization of those technologies in the
        classroom and the training and infrastructural requirements
        needed to efficiently support those types of technologies. As a
        result, in many instances, the full potential of educational
        technology has not been realized.
            (6) Our global economy is increasingly reliant on a
        workforce not only comfortable with technology, but also able
        to integrate rapid technological changes into the production
        process. As such, in order to remain competitive in a global
        economy, it is imperative that we maintain a work-ready labor
        force.
            (7) According to ``Teacher Quality: A Report on the
        Preparation and Qualifications of Public School Teachers'',
        prepared by the Department of Education, only 1 in 5 teachers
        felt well prepared to work in a modern classroom.
            (8) The most common form of professional development for
        teachers continues to be workshops that typically last no more
        than 1 day and have little relevance to teachers' work in the
        classroom.
            (9) A 1998 national survey completed by the Department of
        Education found that only 19 percent of teachers had been
        formally mentored by another teacher, and that 70 percent of
        these teachers felt that this collaboration was very helpful to
        their teaching.
    (b) Purpose.--The purpose of this Act is to improve the utilization
of educational technologies in elementary and secondary education by
creating an educational technology extension service based at
intermediate school districts, regional education service agencies, or
undergraduate institutions of higher education.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) The term ``Director'' means the Director of the
        National Science Foundation.
            (2) The term ``institution of higher education'' has the
        meaning given that term in section 101 of the Higher Education
        Act of 1965 (20 U.S.C. 1001).

SEC. 3. EDUCATIONAL TECHNOLOGY UTILIZATION EXTENSION ASSISTANCE.

    (a) Program Authorized.--
            (1) General authority--The Director, in cooperation with
        the Secretary of Education and the Director of the National
        Institute of Standards and Technology, is authorized to provide
        assistance for the creation and support of regional centers for
        the utilization of educational technologies (hereinafter in
        this Act referred to as ``ETU Centers'').
            (2) Functions of centers--
                    (A) Establishment.--ETU Centers may be established
                at any intermediate school district, regional education
                service agency, institution of higher education, or
                consortium of such entities, but such Centers may
                include the participation of nonprofit entities.
                    (B) Objectives of centers.--The objective of ETU
                Centers is to enhance the utilization of educational
                technologies in elementary and secondary education
                through--
                            (i) advising elementary and secondary
                        school administrators, school boards, and
                        teachers on the adoption and utilization of new
                        educational technologies and the utility of
                        local schools' existing educational technology
                        assets and infrastructure;
                            (ii) participation of individuals from the
                        private sector, universities, State and local
                        governments, and other Federal agencies;
                            (iii) active dissemination of technical and
                        management information about the use of
                        educational technologies; and
                            (iv) utilization, if appropriate, of the
                        expertise and capabilities that exist in
                        Federal laboratories and Federal agencies.
                    (C) Activities of centers.--The activities of ETU
                Centers shall include the following:
                            (i) The active transfer and dissemination
                        of research findings and ETU Center expertise
                        to local school authorities, including school
                        administrators, school boards, and teachers.
                            (ii) The training of teachers in the
                        integration of local schools' existing
                        educational technology infrastructure into
                        their instructional design.
                            (iii) The training and advising of
                        teachers, administrators, and school board
                        members in the acquisition, utilization, and
                        support of educational technologies.
                            (iv) Support services to teachers,
                        administrators, and school board members as
                        agreed upon by ETU Center representatives and
                        local school authorities.
                            (v) The advising of teachers,
                        administrators, and school board members on
                        current skill set standards employed by private
                        industry.
            (3) Program administration.--
                    (A) Proposed rules.--The Director, after
                consultation with the Secretary of Education and the
                Director of the National Institute of Standards and
                Technology, shall publish in the Federal Register, not
                later than 90 days after the date of the enactment of
                this Act, proposed rules for the program for
                establishing ETU Centers, including--
                            (i) a description of the program;
                            (ii) the procedures to be followed by
                        applicants;
                            (iii) the criteria for determining
                        qualified applicants; and
                            (iv) the criteria, including those listed
                        in this section, for choosing recipients of
                        financial assistance under this Act from among
                        qualified applicants.
                    (B) Final rules.--The Director shall publish final
                rules for the program under this Act after the
                expiration of a 30-day comment period on such proposed
                rules.
            (4) Eligibility and selection.--
                    (A) Applications required.--Any intermediate school
                district, regional education service agency,
                undergraduate institution of higher education, or
                consortium of any of those entities may submit an
                application for financial support under this Act in
                accordance with the procedures established under this
                Act. In order to receive assistance under this Act, an
                applicant shall provide adequate assurances that the
                applicant will contribute 50 percent or more of the
                proposed ETU Center's capital and annual operating and
                maintenance costs.
                    (B) Selection.--The Director, in conjunction with
                the Secretary of Education and the Director of the
                National Institute of Standards and Technology, shall
                subject each application to competitive, merit-based
                review. In making a decision whether to approve such
                application and provide financial support under this
                Act, the Director of the National Science Foundation
                shall consider, at a minimum--
                            (i) the merits of the application,
                        particularly those portions of the application
                        regarding the adaptation of training and
                        educational technologies to the needs of
                        particular regions;
                            (ii) the quality of service to be provided;
                            (iii) the geographical diversity and extent
                        of service area, with particular emphasis on
                        rural and traditionally underdeveloped areas;
                        and
                            (iv) the percentage of funding and amount
                        of in-kind commitment from other sources.
                    (C) Evaluation.--Each ETU Center that receives
                financial assistance under this Act shall be evaluated
                during its third year of operation by an evaluation
                panel appointed by the Director. Each evaluation panel
                shall measure the involved ETU Center's performance
                against the objectives specified in this Act. Funding
                for an ETU Center shall not be renewed unless the
                evaluation is positive.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation to carry out this Act
$7,000,000 for fiscal year 2002, $8,500,000 for fiscal year 2003, and
$9,500,000 for fiscal year 2004.

Summary: Authorizes the Director of the National Science Foundation (NSF), in cooperation with the Secretary of Education and the Director of the National Institute of Standards and Technology (NIST), to provide assistance for the creation and support of regional centers for the utilization of educational technologies . Allows ETU Centers to be established at any intermediate school district, regional education service agency, institution of higher education, or consortium of such entities, and to include the participation of non-profit entities. Requires ETU Centers to enhance the use of educational technologies in elementary and secondary education through: (1) advice to school administrators, school boards, and teachers on adopting and using new educational technologies and the usefulness of local schools' existing educational technology assets and infrastructure. (2) participation of individuals from the private sector, universities, State and local governments, and other Federal agencies. (3) active dissemination of technical and management information about the use of educational technologies. And (4) appropriate use of the expertise and capabilities that exist in Federal laboratories and Federal agencies. Requires ETU Centers' activities to include: (1) active transfer and dissemination of research findings and ETU Center expertise to local school authorities. (2) training of teachers in integrating schools' existing educational technology infrastructure into their instructional design. (3) training and advising of teachers, administrators, and school board members in acquiring, using, and supporting educational technologies, (4) support services to teachers, administrators, and school board members. And (5) advising of teachers, administrators, and school board members on current skill set standards employed by private industry.

To improve the utilization of educational technologies in elementary and secondary education by creating an educational technology extension service.


SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Higher Education
Accrediting Agency Responsibility Act of 2002''.
    (b) References to Higher Education Act of 1965.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Higher Education Act of
1965.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Accrediting agencies were originally intended to
        provide voluntary, nongovernmental oversight of institutions of
        higher education.
            (2) However, Congress has allowed accreditors to become
        gatekeepers of more than $40,000,000,000 of Federal student aid
        funds due to such agencies role, enshrined in current Federal
        law, to help determine an institution's eligibility to
        participate in Federal student aid programs.
            (3) More effective and less costly mechanisms are already
        in place to protect students and parents, as no institution can
        receive Federal funds until the Department of Education
        certifies its financial and administrative capacity.
        Additionally, the amount of useful information publicly
        available about the quality of academic institutions has grown
        dramatically in recent years and now far exceeds the minimal
        amount conveyed by the accreditation system.
            (4) It is virtually unknown for an institution to be denied
        accreditation because of low educational values, despite
        growing public concern that American college graduates are
        lacking the skills necessary for participation in civic life.
            (5) The time and effort required of institutions of higher
        education to comply with the accreditation process imposes
        costs which must ultimately be borne by students and parents.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To refocus the purpose of accreditation on providing
        comparative information about the quality of institutions of
        higher education, rather than determining student aid
        eligibility, which should properly be the responsibility of the
        Department of Education.
            (2) To end the virtual monopoly that today's accrediting
        agencies enjoy, and require them to operate in a competitive
        environment like any other industry.

SEC. 3. AMENDMENTS AND REPEALS.

    (a) Qualification of Institutions of Higher Education.--Section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001) is amended--
            (1) in subsection (a)--
                    (A) by adding ``and'' at the end of paragraph (3);
                    (B) by striking ``; and'' at the end of paragraph
                (4) and inserting a period; and
                    (C) by striking paragraph (5); and
            (2) by striking subsection (c).
    (b) Qualification of Proprietary Institutions of Higher
Education.--Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended--
            (1) by striking subparagraph (D); and
            (2) by redesignating subparagraphs (E) and (F) as
        subparagraphs (D) and (E), respectively.
    (c) National Advisory Committee on Institutional Quality and
Integrity.--Section 114 (20 U.S.C. 1011c) is repealed.
    (d) Disclosures of Foreign Gifts.--Section 117(h)(4) (20 U.S.C.
1011f(h)(4)) is amended--
            (1) by adding ``and'' at the end of subparagraph (A); and
            (2) by striking subparagraph (C).
    (e) Title III Eligible Institutions.--Section 312(b)(1) (20 U.S.C.
1058(b)(1)) is amended--
            (1) by striking subparagraph (D); and
            (2) by redesignating subparagraphs (E) and (F) as
        subparagraphs (D) and (E), respectively.
    (f) Title III Definitions.--Section 322(2) (20 U.S.C. 1061(2)) is
amended--
            (1) by inserting ``and'' after ``1964'',''; and
            (2) by striking ``and that is accredited'' and all that
        follows through ``toward accreditation,''.
    (g) HBCU Capital Financing.--Section 342(5) (20 U.S.C. 1066a(5)) is
amended--
            (1) by adding ``and'' at the end of subparagraph (F);
            (2) by striking subparagraph (G); and
            (3) by redesignating subparagraph (H) as subparagraph (G).
    (h) Conforming Amendment.--Section 365 (20 U.S.C. 1067k) is
amended--
            (1) by striking paragraph (1); and
            (2) by redesignating paragraphs (2) through (9) as
        paragraphs (1) through (8), respectively.
    (i) Distance Education Demonstration Programs.--Section 486(c)(2)
(20 U.S.C. 1093(c)(2)) is amended--
            (1) by striking subparagraph (A); and
            (2) by redesignating subparagraphs (B) through (F) as
        subparagraphs (A) through (E), respectively.
    (j) Program Participation Agreements.--Section 487 (20 U.S.C. 1094)
is amended--
            (1) in subsection (a)(3)--
                    (A) by adding ``and'' at the end of subparagraph
                (A);
                    (B) by striking ``; and'' at the end of
                subparagraph (B) and inserting a period; and
                    (C) by striking subparagraph (C);
            (2) in subsection (a)(15), by striking ``accrediting
        agencies,'';
            (3) in subsection (a)(21), by striking ``and accrediting
        agencies or associations''; and
            (4) in subsection (c)(5)--
                    (A) by inserting ``and'' after ``eligible
                lenders,''; and
                    (B) by striking ``, and accrediting agencies or
                associations''.
    (k) Accrediting Agency Recognition.--Section 496 (20 U.S.C. 1099b)
is repealed.
    (l) Eligibility and Certification Procedures.--Section 498 (20
U.S.C. 1099c) is amended--
            (1) in subsection (a), by striking ``accreditation''; and
            (2) in subsection (b), by striking ``accreditation,'' each
        place it appears.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply be effective on
September 1, 2002.

Summary: Higher Education Accrediting Agency Responsibility Act of 2002 - Amends the Higher Education Act of 1965 (HEA) to remove requirements that institutions of higher education (IHEs) be accredited or preaccredited by a nationally recognized accrediting agency or association in order to receive Federal funds under various HEA programs, including student aid under HEA title IV. Removes such accreditation requirements with respect to IHEs, proprietary IHEs, special institutional aid under HEA title III, historically Black college and university capital financing, distance education demonstration programs, and student assistance program participation agreements. Repeals provisions for: (1) the National Advisory Committee on Institutional Quality and Integrity, and (2) recognition of accrediting agencies or associations under HEA.

To amend the Higher Education Act of 1965 to provide greater academic freedom for institutions of higher education, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``AmeriCorps Disaster Relief Corps Act
of 2005''.

SEC. 2. AUTHORITY.

    The Corporation for National and Community Service (referred to in
this Act as the ``Corporation''), pursuant to section 126(b) of the
National and Community Service Act of 1990 (42 U.S.C. 12576(b)), shall
carry out the activities authorized under this Act.

SEC. 3. ESTABLISHMENT OF SPECIAL AMERICORPS DISASTER RELIEF CORPS.

    (a) Establishment.--There is established an AmeriCorps Disaster
Relief Corps, to be administered by the Corporation, to carry out full-
or part-time service projects that provide food, clothing, shelter, and
other humanitarian assistance for victims of major disasters and
emergencies, projects involving cleaning, repair, and reconstruction of
structures, facilities, and lands located within the disaster area, and
other projects arising from the consequences of major disasters and
emergencies.
    (b) Recruitment of Participants and Eligibility.--
            (1) Recruitment.--The Corporation shall endeavor to recruit
        up to 10,000 additional eligible participants for the national
        service program established under subsection (a).
            (2) Eligibility.--Eligibility to participate in the
        national service program established under subsection (a) shall
        be on the same basis as for participation in an approved
        national service position authorized by subtitle C or E of
        title I of the National and Community Service Act (42 U.S.C.
        12571 et seq.) or by title I of the Domestic Volunteer Service
        Act of 1973 (42 U.S.C. 4951 et seq.). Individuals selected as
        participants in the program shall be eligible for living
        allowances, educational awards, and other support authorized
        for participants in approved national service positions under
        such Acts.
            (3) Priority.--In conducting recruiting under paragraph
        (1), the Corporation and recipients of assistance to operate
        projects shall give priority to those individuals dislocated as
        a result of major disasters and emergencies and may permit
        alternative documentation requirements relating to
        demonstrating eligibility of such individuals.
    (c) Projects.--Participants for the national service program
established under subsection (a) may serve on projects that--
            (1) help those affected by major disasters and emergencies
        assess their needs;
            (2) assist in the construction of temporary housing for the
        displaced victims of a major disaster or emergency;
            (3) provide relocation services for victims of the
        hurricane, including food, water and clothing distribution and
        housing location services;
            (4) conduct outreach to local businesses, building owners,
        and others with applications for disaster relief and for other
        assistance to be provided by Federal or State government;
            (5) provide employment services for victims, such as
        identifying job training, job placement, and other
        opportunities;
            (6) conduct environmental surveys, monitoring water quality
        and determining the environmental impact on the affected
        region;
            (7) provide teaching and administrative support functions
        for school systems where displaced children have enrolled;
            (8) work with schools to identify and mentor students
        coping with the impact of a major disaster or emergency;
            (9) work with public officials to prepare them for future
        disasters or emergencies; and
            (10) otherwise assist with the rebuilding of the affected
        regions.

SEC. 4. GRANTS TO STATES, CITIES, ORGANIZATIONS; COOPERATION WITH
              FEDERAL AGENCIES.

    The Corporation may use funds authorized under this Act in support
of projects or activities consistent with those specified in section
3(c) to--
            (1) make grants to, or enter into agreements with States,
        subdivisions of States, or other organizations to support
        AmeriCorps projects under section 121 of the National and
        Community Service Act (42 U.S.C. 12571);
            (2) support the National Civilian Community Corps
        authorized under subtitle E of title I of the National and
        Community Service Act (42 U.S.C. 12611);
            (3) support the VISTA program under title I of the Domestic
        Volunteer Service Act (42 U.S.C. 4451 et seq.); and
            (4) enter into a contract or cooperative or other agreement
        with another Federal agency.

SEC. 5. DEFINITIONS.

    As used in this Act, the terms ``emergency'' and ``major disaster''
have the meaning given such terms in paragraphs (1) and (2) of section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C 5122(1) and (2)).

SEC. 6. TRANSFER OF FUNDS TO THE NATIONAL SERVICE TRUST.

    The Corporation shall transfer funds to the National Service Trust
established in section 145 of the National and Community Service Act
(42 U.S.C. 12601) an amount required under the Strengthen AmeriCorps
Program Act of 2003 (Public Law 108-45) (42 U.S.C. 12605 et seq.) to
provide educational awards and related assistance authorized under
subtitle D of title I of the National and Community Service Act (42
U.S.C. 12601 et. seq.)

SEC. 7. AUTHORITY FOR THIRD-TERM BENEFITS AND EDUCATIONAL AWARD.

     Notwithstanding any other provision of law, an individual serving
in a program authorized by this Act may serve a third term of service
in an approved national service position and may receive in-service
benefits and a post-service educational award authorized under the
national service laws on the same basis as an individual serving in a
first or second term of service.

SEC. 8. ADMINISTRATIVE EXPENSES.

    The Corporation may use up to two percent of funds authorized under
section 12 for the administration of this Act.

SEC. 9. ACCEPTANCE OF DONATED SERVICES.

    Section 196(a)(2) (42 U.S.C. 12651g(a)(2)) of the National and
Community Service Act is amended by striking ``money or property'' and
inserting ``money, services, or property''.

SEC. 10. GRANTS NOT SUBJECT TO ANNUAL APPROPRIATIONS LIMITATIONS.

    Notwithstanding any other provision of law, funds provided under
this Act to administer, reimburse, or support any national service
program authorized under the national service laws, shall not be
considered in applying any limitation on funding for such programs in
annual appropriations Acts.

SEC. 11. AUTHORITY TO SUPPORT PROGRAMS OPERATED BY FEDERAL AGENCIES.

    Notwithstanding any other provision of law, the Corporation may use
funds authorized under this Act to enter into a contract or cooperative
agreement with another Federal agency to support a national service
program carried out by that agency consistent with section 121(b) of
the National and Community Service Act of 1990 (42 U.S.C. 12571(b)).

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Corporation
$150,000,000 for each of fiscal years 2006 and 2007 to carry out this
Act.

Summary: AmeriCorps Disaster Relief Corps Act of 2005 - Establishes an AmeriCorps Disaster Relief Corps, administered by the Corporation for National and Community Service, to carry out service projects that: (1) provide food, clothing, shelter, and other humanitarian assistance for victims of major disasters and emergencies. (2) involve cleaning, repair, and reconstruction of structures, facilities, and lands located within the disaster area. And (3) perform other activities in response to the consequences of major disasters and emergencies. Authorizes the Corporation to: (1) make grants to, or enter into agreements with states, local governments, or other organizations to support AmeriCorps projects. (2) support the National Civilian Community Corps authorized under the National and Community Service Act. (3) support the VISTA program under the Domestic Volunteer Service Act. And (4) enter into a contract or other agreement with another Federal agency.

To establish the AmeriCorps Disaster Relief Corps to carry out national service projects that address the needs arising from the consequences of Hurricane Katrina, and other major disasters and emergencies.