SECTION 1. MEDICARE FRAUD, WASTE, AND ABUSE PREVENTION SOLUTION.

    (a) Establishment.--
            (1) In general.--The Secretary of Health and Human Services
        (in this section referred to as the ``Secretary'') shall
        develop and implement a fraud, waste, and abuse comprehensive
        pre-payment review prevention system (in this section referred
        to as the ``Prevention System'') for reviewing claims for
        reimbursement under the Medicare Program under title XVIII of
        the Social Security Act (in this section referred to as the
        ``Medicare Program'').
            (2) Implementation.--The Secretary shall carry out the
        Prevention System acting through the Center for Program
        Integrity of the Centers for Medicare & Medicaid Services.
    (b) Selection of Claims Across All Provider Types.--The Prevention
System shall cover all types of providers of services and suppliers
under the Medicare Program, but may be limited to a subset of claim
segments.
    (c) System Design Elements.--To the extent practicable, the
Prevention System, shall--
            (1) be holistic;
            (2) be able to view and analyze all provider of services,
        supplier, and patient activities from multiple providers of
        services and suppliers under the Medicare Program;
            (3) be able to be integrated into the health care claims
        flow in existence as of the date of the enactment of this Act
        with minimal effort, time, and cost;
            (4) be designed to use technologies, including predictive
        modeling, that can utilize integrated near real-time
        transaction risk scoring and referral strategy capabilities to
        identify transactions, patterns, anomalies, and linkages that
        are statistically unusual or suspicious and can undertake
        analysis before payment is made and that prioritizes unusual or
        suspicious claims in terms of likelihood of potential fraud,
        waste, or abuse to more efficiently utilize investigative
        resources;
            (5) be designed to--
                    (A) allow for ease of integration into multiple
                points along the claims flow under the Medicare Program
                (pre-adjudication and post-adjudication of such claims)
                in order to demonstratively show that the system ranks
                the likelihood of high-risk behavior patterns and of
                fraud, waste, or abuse; and
                    (B) utilize experimental design methodology to
                monitor and measure the performance between the control
                treatments (which shall be the methods and assessments
                used as of the day before the date of the enactment of
                this Act to address fraud, waste, and abuse under the
                Medicare Program) and test treatments (which shall be
                the Prevention System identification of such fraud,
                waste, and abuse and actions taken pursuant to such
                system to address such fraud, waste, and abuse); and
            (6) be provided through competitively bid contracts using
        the Federal Acquisition Regulations.
    (d) System Operation.--
            (1) Scoring and near real-time analysis.--
                    (A) In general.--The Prevention System shall
                identify high-risk Medicare claims by scoring all such
                claims in near real-time, prior to the Centers for
                Medicare & Medicaid Services making payment on such
                claims under the Medicare Program.
                    (B) Use of scores.--The scores under subparagraph
                (A) shall be communicated to the fraud management
                system under subsection (f).
                    (C) Near real-time analysis.--Under the Prevention
                System, the near real-time analysis of Medicare claims
                data shall be conducted in a manner that ensures--
                            (i) prompt identification of fraud, waste,
                        and abuse; and
                            (ii) prompt payment of legitimate claims.
            (2) Predictive modeling.--The Prevention System shall
        involve the implementation of a statistically sound,
        empirically derived predictive modeling technology that is
        designed to prevent fraud, waste, and abuse (by identifying
        such fraud, waste, and abuse before payment is made under the
        Medicare Program on related claims). The Prevention System
        shall use a predictive model to identify fraud, waste, and
        abuse that is--
                    (A) based on historical transaction data, from
                across all markets and regions available, to build and
                continuously re-develop scoring models that are capable
                of incorporating external data and external models from
                other sources into the predictive model; and
                    (B) regularly updated, through the feedback loop
                under subsection (g), to provide information and
                incorporate data on reimbursement claims that is
                collected through the Prevention System, including
                information gathered through the investigation of
                claims for reimbursement under the Medicare Program
                that the system identifies as being potentially
                fraudulent, wasteful, or abusive.
            (3) Protections for patients and providers.--The
        identification of an unusual or suspect Medicare claim by the
        Prevention System shall--
                    (A) not result in the denial of items or services
                to an individual under the Medicare Program until such
                claim is further reviewed by the Secretary; and
                    (B) not result in a failure to comply with prompt
                payment requirements under applicable law.
            (4) Compliance with hipaa.--Any data collected, stored, or
        reviewed under the Prevention System shall be treated in a
        manner that is in accordance with the regulations promulgated
        under section 264(c) of the Health Insurance Portability and
        Accountability Act of 1996 (42 U.S.C. 1320d-2 note) and any
        other applicable law.
    (e) Treatment of Data.--
            (1) In general.--The Prevention System shall be a high
        volume, rapid, near real-time information technology solution,
        which includes data pooling and scoring capabilities to quickly
        and accurately capture and evaluate data.
            (2) Data sources.--The Prevention System shall, for
        purposes of preventing fraud, waste, and abuse under the
        Medicare Program--
                    (A) use data from claims for reimbursement under
                the Medicare Program contained in existing files of
                Medicare claims data, including the Common Working File
                of the Centers for Medicare & Medicaid Services; and
                    (B) to the extent practicable, pool data from all
                available Government sources (including the Death
                Master File of the Social Security Administration).
            (3) Data storage.--The Prevention System shall be stored in
        an industry standard secure data environment that complies with
        applicable Federal privacy laws for use in building Medicare
        fraud, waste, and abuse prevention predictive models that have
        a comprehensive view of provider and supplier activity across
        all markets, geographic areas, and provider and supplier types.
    (f) Fraud Management System.--
            (1) In general.--The Prevention System shall utilize a
        fraud management system containing workflow management and
        workstation tools to provide the ability to systematically
        present score, reason codes, and treatment actions for high-
        risk scored transactions, as determined under subsection (d).
            (2) Review of claims.--The fraud management system under
        paragraph (1) shall ensure that analysts who review Medicare
        claims have the capability to access, review, and research
        claims efficiently, as well as decline or approve payments on
        claims in an automated manner.
    (g) Feedback Loop.--
            (1) In general.--The Prevention System shall utilize a
        feedback loop to gain access to outcome information on
        adjudicated Medicare claims so future system enhancements can
        utilize previous experience.
            (2) Purpose.--The purpose of the feedback loop under
        paragraph (1) is to--
                    (A) enable the Secretary to measure--
                            (i) the actual amount of fraud, waste, and
                        abuse under the Medicare Program; and
                            (ii) any savings to the Medicare Program
                        resulting from implementation of the Prevention
                        System; and
                    (B) provide necessary data to develop future,
                enhanced models for use in the Prevention System.
            (3) Analysis of final claims status.--The feedback loop
        under paragraph (1) shall analyze data from all carriers to
        provide post-payment information about the eventual status of a
        Medicare claim as ``Normal'', ``Fraud'', ``Waste'', ``Abuse'',
        or ``Education required''.
    (h) Claims Review Prior to Payment.--
            (1) Review before payment.--Subject to paragraph (2), if a
        claim for reimbursement under the Medicare Program is selected
        for review under the Prevention System, the Secretary shall not
        make a payment on such claim until such claim has been reviewed
        under the system. In order to carry out this paragraph, the
        Secretary shall ensure that appropriate controls and technology
        are in place to assess and measure the effectiveness of the
        Prevention System, predictive models used under such system,
        and the overall strategy for Medicare claims review.
            (2) Timely review.--
                    (A) In general.--The review of a claim under the
                Prevention System shall occur in a timely manner.
                    (B) Application of prompt payment requirements.--
                The limitation on payment under paragraph (1) shall not
                interfere with the prompt payment of a Medicare claim
                in accordance with applicable law.
            (3) Manual review.--If automated technology presents a
        score, reason code, or treatment action for a claim that is
        scored as ``high-risk,'' the Prevention System shall provide
        for manual review of medical records related to such claim by
        both clinical and fraud investigators to ensure accuracy and
        mitigate false positive events.
            (4) Self-audit review.--The Secretary may use self-audit
        practices by providers and suppliers under the Prevention
        System in a manner such that once high-risk claims are
        identified through the predictive modeling, providers and
        suppliers are offered the opportunity to adjust or withdraw
        their claims.
            (5) Denial of payment for fraudulent claims.--Under the
        Prevention System, if automated technology of a claim under
        paragraph (3) and manual review under paragraph (4) confirm
        fraud has occurred, the Secretary may deny payment of such
        claim.
    (i) Annual Assessment Report.--
            (1) In general.--Not later than 2 years after the
        implementation of the Prevention System, the Secretary, through
        the Office of the Inspector General of the Department of Health
        and Human Services, shall submit to Congress a report on the
        implementation of such system.
            (2) Contents.--The report submitted under paragraph (1) may
        contain--
                    (A) a detailed assessment of the Prevention
                System's success in identifying fraud, waste, and
                abuse;
                    (B) the costs of operating the Prevention System;
                and
                    (C) an analysis of the overall return on investment
                for the Prevention System.
    (j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary.
    (k) Expansion.--If the Secretary determines that the Prevention
System results in savings to the Medicare Program, the Secretary shall
expand the project throughout Federal health programs, including the
Medicaid Program under title XIX of the Social Security Act and the
Children's Health Insurance Program under title XXI of such Act.

Summary: Directs the Secretary of Health and Human Services (HHS) to develop and implement a fraud, waste, and abuse comprehensive prepayment review Prevention System for reviewing claims for reimbursement under title XVIII (Medicare) of the Social Security Act. Requires the Secretary to carry out the system acting through the Center for Program Integrity of the Centers for Medicare and Medicaid Services (CMS). Requires the Prevention System to cover all types of providers and suppliers under the Medicare program, but allows it to be limited to a subset of claim segments. Requires the Prevention System to: (1) be a high volume, rapid, near real-time information technology solution which includes data pooling and scoring capabilities to quickly and accurately capture and evaluate data. (2) identify high-risk Medicare claims by scoring all such claims in near real-time before payment is made, (3) involve a statistically sound, empirically derived predictive modeling technology. And (4) utilize a fraud management system that presents score, reason codes, and treatment actions for high-risk scored transactions, and a feedback loop to gain access to outcome information on adjudicated Medicare claims. Prohibits the Secretary from making a payment on a claim selected for review until it has been reviewed under the System.

To provide for the establishment of a fraud, waste, and abuse detection and mitigation program for the Medicare Program under title XVIII of the Social Security Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Manhattan Project National
Historical Park Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Manhattan Project was an unprecedented top-secret
        program implemented during World War II to produce an atomic
        bomb before Nazi Germany;
            (2) a panel of experts convened by the President's Advisory
        Council on Historic Preservation in 2001--
                    (A) stated that ``the development and use of the
                atomic bomb during World War II has been called `the
                single most significant event of the 20th century''';
                and
                    (B) recommended that nationally significant sites
                associated with the Manhattan Project be formally
                established as a collective unit and be administered
                for preservation, commemoration, and public
                interpretation in cooperation with the National Park
                Service;
            (3) the Manhattan Project National Historical Park Study
        Act (Public Law 108-340; 118 Stat. 1362) directed the Secretary
        of the Interior, in consultation with the Secretary of Energy,
        to conduct a special resource study of the historically
        significant sites associated with the Manhattan Project to
        assess the national significance, suitability, and feasibility
        of designating 1 or more sites as a unit of the National Park
        System;
            (4) after significant public input, the National Park
        Service study found that ``including Manhattan Project-related
        sites in the national park system will expand and enhance the
        protection and preservation of such resources and provide for
        comprehensive interpretation and public understanding of this
        nationally significant story in the 20th century American
        history'';
            (5) the Department of the Interior, with the concurrence of
        the Department of Energy, recommended the establishment of a
        Manhattan Project National Historical Park comprised of
        resources at--
                    (A) Oak Ridge, Tennessee;
                    (B) Los Alamos, New Mexico; and
                    (C) Hanford, in the Tri-Cities area, Washington;
                and
            (6) designation of a Manhattan Project National Historical
        Park as a unit of the National Park System would improve the
        preservation of, interpretation of, and access to the
        nationally significant historic resources associated with the
        Manhattan Project for present and future generations to gain a
        better understanding of the Manhattan Project, including the
        significant, far-reaching, and complex legacy of the Manhattan
        Project.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to preserve and protect for the benefit of present and
        future generations the nationally significant historic
        resources associated with the Manhattan Project;
            (2) to improve public understanding of the Manhattan
        Project and the legacy of the Manhattan Project through
        interpretation of the historic resources associated with the
        Manhattan Project;
            (3) to enhance public access to the Historical Park,
        consistent with protection of public safety, national security,
        and other aspects of the mission of the Department of Energy;
        and
            (4) to assist the Department of Energy, Historical Park
        communities, historical societies, and other interested
        organizations and individuals in efforts to preserve and
        protect the historically significant resources associated with
        the Manhattan Project.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Historical park.--The term ``Historical Park'' means
        the Manhattan Project National Historical Park established
        under section 5.
            (2) Manhattan project.--The term ``Manhattan Project''
        means the Federal program to develop an atomic bomb ending on
        December 31, 1946.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 5. ESTABLISHMENT OF MANHATTAN PROJECT NATIONAL HISTORICAL PARK.

    (a) Establishment.--Not later than 1 year after the date of
enactment of this Act, there shall be established as a unit of the
National Park System the Manhattan Project National Historical Park.
    (b) Eligible Areas.--The Historical Park may be comprised of 1 or
more of the following areas or portions of the areas:
            (1) Oak ridge, tennessee.--Facilities, land, or interests
        in land that are--
                    (A) at Buildings 9204-3 and 9731 at the Y-12
                National Security Complex;
                    (B) at the X-10 Graphite Reactor at the Oak Ridge
                National Laboratory;
                    (C) at the K-25 Building site at the East Tennessee
                Technology Park; and
                    (D) at the former Guest House located at 210 East
                Madison Road.
            (2) Los alamos, new mexico.--Facilities, land, or interests
        in land that are--
                    (A) in the Los Alamos Scientific Laboratory
                National Historic Landmark District or any addition to
                the Landmark District proposed in the National Historic
                Landmark Nomination--Los Alamos Scientific Laboratory
                (LASL) NHL District (Working Draft of NHL Revision),
                Los Alamos National Laboratory document LA-UR 12-00387
                (January 26, 2012);
                    (B) at the former East Cafeteria located at 1670
                Nectar Street; and
                    (C) at the former dormitory located at 1725 17th
                Street.
            (3) Hanford, washington.--Facilities, land, or interests in
        land that are--
                    (A) in the B Reactor National Historic Landmark;
                    (B) at the Hanford High School in the town of
                Hanford and Hanford Construction Camp Historic
                District;
                    (C) at the White Bluffs Bank building in the White
                Bluffs Historic District;
                    (D) at the warehouse in the Bruggemann's
                Agricultural Complex;
                    (E) at the Hanford Irrigation District Pump House;
                and
                    (F) at the T Plant (221-T Process Building).

SEC. 6. AGREEMENT.

    (a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary and the Secretary of Energy (acting through
the Oak Ridge, Richland, and Los Alamos site offices) shall enter into
an agreement governing the respective roles of the Secretary and the
Secretary of Energy in administering the facilities, land, or interests
in land under the administrative jurisdiction of the Department of
Energy that is to be included in the Historical Park, including
provisions for public access, management, interpretation, and historic
preservation.
    (b) Responsibilities of the Secretary.--Any agreement under
subsection (a) shall provide that the Secretary shall--
            (1) have decisionmaking authority for the content of
        historic interpretation of the Manhattan Project for purposes
        of administering the Historical Park; and
            (2) ensure that the agreement provides an appropriate role
        for the National Park Service in preserving the historic
        resources covered by the agreement.
    (c) Responsibilities of the Secretary of Energy.--Any agreement
under subsection (a) shall provide that the Secretary of Energy--
            (1) shall ensure that the agreement appropriately protects
        public safety, national security, and other aspects of the
        ongoing mission of the Department of Energy at the Los Alamos
        National Laboratory, Hanford Site, and Oak Ridge Reservation;
            (2) may consult with and provide historical information to
        the Secretary concerning the Manhattan Project; and
            (3) shall retain responsibility, in accordance with
        applicable law, for any environmental remediation and
        structural safety that may be necessary in or around the
        facilities, land, or interests in land governed by the
        agreement.
    (d) Amendments.--The agreement under subsection (a) may be amended,
including to add to the Historical Park facilities, land, or interests
in land described in section 5(b) that are under the jurisdiction of
the Secretary of Energy.

SEC. 7. PUBLIC PARTICIPATION.

    (a) In General.--The Secretary shall consult with interested State,
county, and local officials, organizations, and interested members of
the public--
            (1) before executing any agreement under section 6; and
            (2) in the development of the general management plan under
        section 8(b).
    (b) Notice of Determination.--Not later than 30 days after the date
on which an agreement under section 6 is executed, the Secretary shall
publish in the Federal Register notice of the establishment of the
Historical Park, including an official boundary map.
    (c) Availability of Map.--The official boundary map published under
subsection (b) shall be on file and available for public inspection in
the appropriate offices of the National Park Service.
    (d) Additions.--Any land, interest in land, or facility within the
eligible areas described in section 5(b) that is acquired by the
Secretary or included in an amendment to the agreement under section
6(d) shall be added to the Historical Park.

SEC. 8. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the Historical Park
in accordance with--
            (1) this Act; and
            (2) the laws generally applicable to units of the National
        Park System, including--
                    (A) the National Park System Organic Act (16 U.S.C.
                1 et seq.); and
                    (B) the Act of August 21, 1935 (16 U.S.C. 461 et
                seq.).
    (b) General Management Plan.--Not later than 3 years after the date
on which funds are made available to carry out this section, the
Secretary, in consultation with the Secretary of Energy, shall complete
a general management plan for the Historical Park in accordance with
section 12(b) of Public Law 91-383 (commonly known as the ``National
Park Service General Authorities Act'') (16 U.S.C. 1a-7(b)).
    (c) Interpretive Tours.--The Secretary may, subject to applicable
law, provide interpretive tours of historically significant Manhattan
Project sites and resources in the States of Tennessee, New Mexico, and
Washington that are located outside the boundary of the Historical
Park.
    (d) Land Acquisition.--
            (1) In general.--The Secretary may acquire land and
        interests in land within the eligible areas described in
        section 5(b) by--
                    (A) transfer of administrative jurisdiction from
                the Department of Energy by agreement between the
                Secretary and the Secretary of Energy; or
                    (B) purchase from willing sellers, donation, or
                exchange.
            (2) Facilities.--The Secretary may acquire land or
        interests in land in the vicinity of Historical Park for
        visitor and administrative facilities.
    (e) Donations; Cooperative Agreements.--
            (1) Federal facilities.--
                    (A) In general.--The Secretary may enter into 1 or
                more agreements with the head of a Federal agency to
                provide public access to, and management,
                interpretation, and historic preservation of,
                historically significant Manhattan Project resources
                under the jurisdiction or control of the Federal
                agency.
                    (B) Donations; cooperative agreements.--The
                Secretary may accept donations from, and enter into
                cooperative agreements with, State governments, units
                of local government, tribal governments, organizations,
                or individuals to further the purpose of an interagency
                agreement entered into under subparagraph (A).
            (2) Technical assistance.--The Secretary may provide
        technical assistance to State, local, or tribal governments,
        organizations, or individuals for the management,
        interpretation, and historic preservation of historically
        significant Manhattan Project resources not included within the
        Historical Park.
            (3) Donations to department of energy.--Part C of title VI
        of the Department of Energy Organization Act (42 U.S.C. 7251 et
        seq.) is amended by adding at the end the following:

``SEC. 664. ACCEPTANCE OF GIFTS, BEQUESTS, AND DEVISES.

    ``The Secretary may accept, hold, administer, and use gifts,
bequests, and devises (including labor and services), for the purpose
of preserving and providing access to, historically significant
resources relating to the Department.''.

Summary: Manhattan Project National Historical Park Act - Establishes the Manhattan Project National Historical Park as a unit of the National Park System, which may be composed of specified facilities, lands, or interests in one or more eligible areas or parts of such areas in Oak Ridge, Tennessee, Los Alamos, New Mexico. And Hanford, Washington. Directs the Secretary of the Interior and the Secretary of Energy (DOE) to enter into an agreement to govern their respective roles in administering the facilities, lands, or interests in land under the DOE's jurisdiction to be included in the Park. Adds to the Park lands, interests in land, or facilities within the eligible areas which are acquired by the Secretary or are included in an amendment to the agreement. Requires the Secretary to develop a general management plan for the Park. Authorizes the Secretary to: (1) provide interpretive tours of historically significant Manhattan Project sites and resources in Tennessee, New Mexico, and Washington state that are located outside the boundary of the Park. And (2) enter into one or more agreements with the head of a federal agency to provide public access to, and management, interpretation, and historic preservation of, historically significant Project resources under the agency's control.

A bill to establish the Manhattan Project National Historical Park in Oak Ridge, Tennessee, Los Alamos, New Mexico, and Hanford, Washington, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Work Force Diversity Partnership Act
of 1993''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States is becoming the most diverse work-
        place in the world at a time of growing economic
        dissatisfaction and intense global competition;
            (2) people of color, caucasian women, and immigrants will
        account for 85 percent of the net growth in our Nation's labor
        force during the 1990's;
            (3) the expectations, characteristics, demands, beliefs,
        work values, motivating factors and educational backgrounds of
        individuals in the work force are becoming increasingly
        diverse;
            (4) employees, managers, administrators and government
        officials are inadequately prepared to deal effectively with
        increased diversity in the work force;
            (5) increased domestic and international competition
        require that business, industry and government leaders
        effectively motivate and manage this diverse work force;
            (6) as more parents join the work force, it has become
        increasingly difficult for employees to balance the demands of
        the workplace with the needs of families; and
            (7) by understanding and valuing diversity which respects
        differences, employers emphasize creativity, self initiative,
        leadership, innovation, and team-work, and thereby improve the
        working conditions of all Americans and the chances for
        economic success.

SEC. 3. PURPOSE.

    It is the purpose of this Act to establish a grant program within
the Department of Labor to--
            (1) study and address issues relating to work force and
        cultural diversity and their impact on economic
        competitiveness, employment opportunities, advancement and
        retention; and
            (2) develop collaborative public and private sector
        education and training materials that address the issues of
        work force and cultural diversity.

SEC. 4. DEFINITIONS.

    As used in this Act--
            (1) Federal share.--
                    (A) In general.--Except as provided in subparagraph
                (B), the term ``Federal share'' means 50 percent of the
                cost of each grant awarded under this Act.
                    (B) Exception.--If the Secretary, after
                consultation with the peer review panel, determines
                that to do so will further the purposes of this Act,
                the Secretary may increase the amount of the Federal
                share.
            (2) Institution of higher education.--The term
        ``institution of higher education'' has the same meaning given
        that term by section 1201(a) of the Higher Education Act of
        1965 (20 U.S.C. 1141(a)).
            (3) Non-federal share.--
                    (A) In general.--The term ``non-Federal share''
                means the amount required to be expended by the
                recipient of a grant under this Act.
                    (B) In-kind services.--Amounts available to pay the
                non-Federal share under this paragraph may include in-
                kind services or other resources.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Labor.

SEC. 5. WORK FORCE DIVERSITY GRANT PROGRAM.

    (a) Program Authorized.--The Secretary is authorized to award
grants to eligible entities to pay the Federal share of the cost of
programs established by such entities that are designed to--
            (1) target and develop issues relating to work force and
        cultural diversity;
            (2) develop public and private sector education and
        training materials that focus on the issues of work force and
        cultural diversity;
            (3) foster research, scholarship, innovative curriculum
        development, development of teaching materials, and other
        practicable supportive academic activities relating to such
        issues;
            (4) assist in the dissemination and transfer of such
        materials for use in private sector training efforts as they
        relate to issues of work force and cultural diversity; and
            (5) develop and establish cooperative higher education-
        business training programs to assist public and private
        industry leaders and workers in addressing the issue of work
        force diversity.
    (b) Requirement.--The Secretary shall ensure that the recipient of
a grant under this Act agrees to establish, operate, and provide the
non-Federal share of the cost of the work force diversity programs for
which the grant is made.
    (c) Duration of Grant.--No grant awarded under this Act may be for
a period longer than 3 years.

SEC. 6. GRANT RECIPIENT SELECTION.

    (a) Submission of Proposals.--To be eligible for a grant under this
Act an entity shall prepare and submit to the Secretary a proposal, at
such time, in such manner and containing such information as the
Secretary may reasonably require.
    (b) Participants.--
            (1) In general.--An institution of higher education in
        partnership with one or more organizations described in
        paragraph (2), shall be eligible to receive a grant under this
        Act.
            (2) Organizations.--An organization referred to in
        paragraph (1) shall be--
                    (A) a corporation, business, or partnership,
                whether for profit or nonprofit;
                    (B) a labor organization; or
                    (C) an organization that has a demonstrated
                interest or expertise in work force diversity issues.
    (e) Criteria for Selection.--
            (1) In general.--In determining whether to approve a
        proposal submitted under subsection (a), the Secretary shall
        take into account--
                    (A) the extent to which the grant applicant
                demonstrates a potential to achieve one or more of the
                purposes of this Act;
                    (B) the level of participation and financial
                commitment of the participants;
                    (C) the likelihood that a proposed program will
                foster the creation of increased diversity awareness
                programs in other institutional environments;
                    (D) the likelihood that the proposed program will
                result in the development and dissemination of national
                or regional best practices;
                    (E) the extent to which the project will impact the
                international competitiveness of the United States
                economy; and
                    (F) such other criteria as the Secretary may
                prescribe.
            (2) Faculty participation.--The Secretary shall encourage
        partnerships desiring to receive a grant under this Act to
        submit proposals that are written by teams of faculty from
        multiple disciplines, student and academic affairs
        professional, or student organizations concerned with
        multicultural education, or any combination thereof.
            (3) Priority.--In awarding grants under this Act, the
        Secretary shall give priority to grant proposals that
        demonstrate the availability of sufficient amounts of non-
        Federal contributions or resources from non-governmental
        entities.

SEC. 7. AREAS OF ACTION.

    A recipient of a grant under this Act shall use amounts received
under such grant to engage in activities in accordance with one or more
of the following guidelines:
            (1) The development of instructional material concerning
        efforts designed to address cultural and work force diversity
        issues within the workplace setting.
            (2) The development of public and private sector education
        and training materials that will address the issues of work
        force and cultural diversity.
            (3) The development of new approaches to work force
        diversity issues and scholarship efforts to be integrated
        within the curriculum of business schools, ethnic and women's
        studies, engineering schools, social science disciplines,
        humanities and the arts and sciences. In using grant funds
        under this paragraph, a grantee may employ approaches to be
        carried out in conjunction with corporate education and
        training programs.
            (4) The conduct of research concerning multicultural
        workplace interactions and team management and business in
        multicultural and multi-lingual marketplace settings.
            (5) The implementation of faculty development programs that
        focus on research, appropriate learning environments, and
        pedagogical approaches to teaching multicultural management and
        work diversity issues.
            (6) The development and dissemination of information
        concerning models for summer precollege business internship
        programs that aid in integrating the workplace and in giving
        students a better understanding of the private sector and of
        work force diversity issues.
            (7) The conduct of forums, workshops, and conferences in
        which representatives from academic, corporate, government, or
        other institutions with a demonstrated interest or expertise in
        work force diversity will focus on issues, attitudes and
        strategies that sensitize managers, employees, faculty,
        corporate, government and other leaders and workers to
        workplace diversity issues.
            (8) Any other activities that the Secretary determines to
        be appropriate to meet the purposes of this Act.

SEC. 8. PEER REVIEW.

    To assist the Secretary in carrying out this Act, the Secretary
shall establish peer review panels to review the merits of grant
proposals proposed under this Act. In establishing such panels, the
Secretary shall seek the widest participation of qualified individuals
from participants, as defined in section 6(b). Each peer review panel
shall report the findings and recommendations of the panel to the
Secretary.

SEC. 9. RECIPIENT REPORTS.

    Each recipient of a grant under this Act shall prepare and submit
an annual report to the Secretary. Each such report shall include a
summary of the progress of the activities implemented under the grant
to achieve the purposes of this Act, a summary of the expenditures
involved, a plan describing the recipient's planned use of funds for
the forthcoming year, an explanation of the uses made of the results of
the grant program where appropriate, and any other information that the
Secretary determines to be appropriate.

SEC. 10. REPORT.

    The Secretary shall annually prepare and submit to the appropriate
committees of Congress, a report that shall include an evaluation of
the progress made in achieving the purposes of this Act.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act,
$10,000,000 for fiscal year 1994, and such sums as may be necessary for
each of the fiscal years 1995 through 1998.

Summary: Work Force Diversity Partnership Act of 1993 - Authorizes the Secretary of Labor to award grants for public-private partnerships to encourage work force diversity through study of relevant issues and development of education and training materials and programs. Makes eligible for such grants institutions of higher education in partnership with for-profit or nonprofit corporations, businesses, or partnerships, labor organizations, or organizations with demonstrated interest or expertise in such issues. Gives priority to grant proposals demonstrating availability of sufficient amounts of non-Federal contributions, or resources from non-governmental entities. Requires peer review panels, recipient reports, and annual reports by the Secretary. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``True Understanding of the Economy
and Safety Act'' or the ``TRUE Safety Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the trucking industry is the backbone of the Nation's
        economy, with nearly 7 million Americans working in trucking-
        related jobs, including more than 3 million commercial truck
        drivers;
            (2) 80 percent of all communities in the United States
        depend solely on trucks to deliver and supply their essential
        everyday commodities;
            (3) Federal regulations governing the hours of service for
        commercial truck drivers must be based on full and fair
        scientific research, analysis, and operational testing;
            (4) the restart rule that became effective on July 1, 2013,
        was based mainly on a one-month sleep study conducted in a
        laboratory setting;
            (5) the new restart rule will cost the trucking industry up
        to $376,000,000 annually, reducing productivity, impacting
        driver pay, and increasing the cost to deliver goods; and
            (6) the restart rule should not have become effective prior
        to completion of the thorough operational study required by
        section 32301 of the Moving Ahead for Progress in the 21st
        Century Act or MAP-21 (Public Law 112-141; 126 Stat. 786).

SEC. 3. GAO ASSESSMENTS.

    (a) Assessment of Methodology for MAP-21 Restart Study.--
            (1) In general.--After completion of the field study and
        submission of the report regarding such study by the
        Administrator of the Federal Motor Carrier Safety
        Administration, required by section 32301 of MAP-21, the
        Comptroller General shall conduct an assessment of the
        methodology followed by the Secretary of Transportation in
        carrying out the efficacy of the restart rule published on
        December 27, 2011.
            (2) Purpose.--The purpose of the assessment shall be to
        assess the extent to which the methodology meets the
        requirement of MAP-21 that--
                    (A) the data collected is representative of the
                drivers subject to the restart rule;
                    (B) the methodology is statistically valid; and
                    (C) the study followed the plan for the
                ``Scheduling and Fatigue Recovery Project'' developed
                by the Federal Motor Carrier Safety Administration.
    (b) Assessment of Regulatory Impact Analysis.--
            (1) In general.--The Comptroller General shall conduct an
        assessment of the Regulatory Impact Analysis that accompanied
        the final rule published by the Department of Transportation in
        the Federal Register on December 27, 2011, entitled ``Hours of
        Service of Drivers'' (76 Fed. Reg. 81134).
            (2) Purpose.--The purpose of the GAO assessment shall be--
                    (A) to conduct an analysis of the methodology and
                data used by the Federal Motor Carrier Safety
                Administration in its Regulatory Impact Analysis;
                    (B) to evaluate the validity and representativeness
                of the driver data used to evaluate the operational and
                economic impacts of the new 34-hour restart rule
                applicable to operators of commercial motor vehicles;
                    (C) to conduct an analysis of the data and
                methodology used to develop the proposed safety and
                health benefits of the new 34-hour restart rule
                applicable to operators of commercial motor vehicles;
                    (D) to review the safety, health, cost, and
                operational implications of the restart rule, and the
                potential impact of a greater number of commercial
                motor vehicles on major roads during ``morning
                commutes'' as a result of the restart rule; and
                    (E) review the research used in developing and
                justifying the new restart rule, particularly as it
                relates to the use of a laboratory test to justify the
                rule rather than an operational test in the field.
    (c) Reports.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit a final report to the
appropriate committees of Congress on the assessments required under
subsections (a) and (b), including any recommendations.

SEC. 4. DELAY IN APPLICATION OF RULE.

    (a) Delay in Application of Rule.--Effective as of the date of
enactment of this Act, the restart rule published by the Department of
Transportation in the Federal Register on December 27, 2011, shall have
no force or effect until 6 months after the study report required by
this Act has been submitted to Congress.
    (b) Application of Previous Rule Provision.--For the period
specified under subsection (a), the 34-hour restart rule issued on
April 28, 2003 (68 Fed. Reg. 22456), shall be in effect.
    (c) December 2011 Rule.--The Secretary shall not apply the rule
described in subsection (a) if the conclusions of the operational study
completed pursuant to MAP-21 do not support or concur with the
conclusions of the laboratory study on which the rule was based.

Summary: True Understanding of the Economy and Safety Act or TRUE Safety Act - Directs the Comptroller General (GAO), after the Administrator of the Federal Motor Carrier Safety Administration (FMCSA) reports to Congress on an hours of service field study, to assess the methodology followed by the Secretary of Transportation (DOT) in carrying out the efficacy of the restart rule published on December 27, 2011, which applies to operators of commercial motor vehicles of property subject to maximum DOT driving time requirements. Requires the assessment to evaluate the extent to which that methodology meets the requirements of the Moving Ahead for Progress in the 21st Century Act (MAP-21) that: (1) the data collected is representative of the drivers subject to the restart rule, (2) the methodology is statistically valid, and (3) the study followed the FMCSA plan for the quot, Scheduling and Fatigue Recovery Project. quot. Directs GAO to assess the Regulatory Impact Analysis that accompanied the final 2011 restart rule. Nullifies the 2011 restart rule until six months after the study report required by this Act has been submitted to Congress. Prohibits the Secretary from applying the restart rule if the conclusions of the field study completed pursuant to MAP-21 do not support or concur with the conclusions of the laboratory study on which the rule was based.

TRUE Safety Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Jean Lafitte National Historical
Park and Preserve Boundary Adjustment Act of 2004''.

SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY
              ADJUSTMENT.

    (a) In General.--Section 901 of the National Parks and Recreation
Act of 1978 (16 U.S.C. 230) is amended in the second sentence by
striking ``twenty thousand acres generally depicted on the map entitled
`Barataria Marsh Unit-Jean Lafitte National Historical Park and
Preserve' numbered 90,000B and dated April 1978,'' and inserting
``23,000 acres generally depicted on the map entitled `Boundary Map,
Barataria Preserve Unit, Jean Lafitte National Historical Park and
Preserve', numbered 467/80100, and dated August 2002,''.
    (b) Acquisition of Land.--Section 902 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230a) is amended--
            (1) in subsection (a)--
                    (A) by striking ``(a) Within the'' and all that
                follows through the first sentence and inserting the
                following:
    ``(a) In General.--
            ``(1) Barataria preserve unit.--
                    ``(A) In general.--The Secretary may acquire any
                land, water, and interests in land and water within the
                boundary of the Barataria Preserve Unit, as depicted on
                the map described in section 901, by donation, purchase
                with donated or appropriated funds, transfer from any
                other Federal agency, or exchange.
                    ``(B) Limitations.--
                            ``(i) In general.--With respect to the
                        areas on the map identified as `Bayou aux
                        Carpes Addition' and `CIT Tract Addition'--
                                    ``(I) any Federal land acquired in
                                the areas shall be transferred without
                                consideration to the administrative
                                jurisdiction of the National Park
                                Service; and
                                    ``(II) any private land in the
                                areas may be acquired by the Secretary
                                only with the consent of the owner of
                                the land.
                            ``(ii) Easements.--Any Federal land in the
                        area identified on the map as `CIT Tract
                        Addition' that is transferred under clause
                        (i)(I) shall be subject to any easements that
                        have been agreed to by the Secretary and the
                        Secretary of the Army.'';
                    (B) in the second sentence, by striking ``The
                Secretary may also'' and inserting the following:
            ``(2) French quarter.--The Secretary may'';
                    (C) in the third sentence, by striking ``Lands,
                waters, and interests therein'' and inserting the
                following:
            ``(3) Acquisition of state land.--Land, water, and
        interests in land and water''; and
                    (D) in the fourth sentence, by striking ``In
                acquiring'' and inserting the following:
            ``(4) Acquisition of oil and gas rights.-- In acquiring'';
            (2) by striking subsections (b) through (f) and inserting
        the following:
    ``(b) Resource Protection.--With respect to the land, water, and
interests in land and water of the Barataria Preserve Unit, the
Secretary shall preserve and protect--
            ``(1) fresh water drainage patterns;
            ``(2) vegetative cover;
            ``(3) the integrity of ecological and biological systems;
        and
            ``(4) water and air quality.''; and
            (3) by redesignating subsection (g) as subsection (c).
    (c) Hunting, Fishing, and Trapping.--Section 905 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the
first sentence by striking ``within the core area and on those lands
acquired by the Secretary pursuant to section 902(c) of this title,
he'' and inserting ``the Secretary''.
    (d) Administration.--Section 906 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230e) is amended--
            (1) by striking the first sentence; and
            (2) in the second sentence, by striking ``Pending such
        establishment and thereafter the'' and inserting ``The''.

SEC. 3. REFERENCES IN LAW.

    (a) In General.--Any reference in a law (including regulations),
map, document, paper, or other record of the United States--
            (1) to the Barataria Marsh Unit shall be considered to be a
        reference to the Barataria Preserve Unit; or
            (2) to the Jean Lafitte National Historical Park shall be
        considered to be a reference to the Jean Lafitte National
        Historical Park and Preserve.
    (b) Conforming Amendments.--Title IX of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended--
            (1) by striking ``Barataria Marsh Unit'' each place it
        appears and inserting ``Barataria Preserve Unit''; and
            (2) by striking ``Jean Lafitte National Historical Park''
        each place it appears and inserting ``Jean Lafitte National
        Historical Park and Preserve''.

            Passed the Senate September 15, 2004.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.

Summary: Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2004 - Amends the National Parks and Recreation Act of 1978 to: (1) adjust the boundary of the Barataria Preserve Unit of Jean Lafitte National Historical Park and Preserve in Louisiana by increasing the acreage limitation. And (2) authorize the Secretary of the Interior to acquire any such additional land, water, and interests in land and water by donation, purchase, transfer from any other Federal agency, or exchange. Requires, with respect to the Bayou aux Carpes Addition and the CIT Tract Addition, any federal land acquired in such Additions to be transferred without consideration to the administrative jurisdiction of the National Park Service. Permits the acquisition of any private land in those Additions only with the owner's consent. Subjects any Federal land in the CIT Tract Addition to any easements that have been agreed to by the Secretary and the Secretary of the Army. Modifies andor eliminates certain provisions related to the acquisition of property within the Unit. Permits hunting, fishing, and trapping within the Unit. Continues to provide for the designation of zones where, and established periods when, no hunting, fishing, or trapping shall be permitted except for public safety reasons.

A bill to adjust the boundary of the Barataria Preserve Unit of Jean Lafitte National Historical Park and Preserve in the State of Louisiana, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf Coast College Revitalization
Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--The Congress finds the following:
            (1) Approximately 30 institutions of higher education in
        the Gulf Coast region, serving approximately 100,000 students,
        directly sustained damage from Hurricane Katrina.
            (2) The approximately 30 institutions of higher education
        in the Gulf Coast region impacted by Hurricane Katrina employed
        approximately 30,000 faculty, administrators, and staff.
            (3) Revitalizing institutions of higher education in the
        Gulf Coast region will be a vital element in attracting middle
        and upper income families back to the Gulf Coast region, and in
        ensuring sustained economic recovery to the region's lower
        income families.
            (4) Revitalizing the Gulf Coast economy will depend on
        providing a highly skilled workforce.
            (5) The return of qualified academic professionals and
        administrators is a vital element in the revitalization of
        affected institutions of higher education in the Gulf Coast
        region.
            (6) Students from throughout the Nation who attend
        institutions of higher education in the Gulf Coast region, and
        their families, contribute significantly to the local economy.
            (7) Many of the scientific, health, technology, and
        cultural industries of the Gulf Coast region are dependant on
        local institutions of higher education.
            (8) Hundreds of other institutions of higher education
        throughout America and their students are accommodating victims
        of the Gulf hurricane disasters.
    (b) Sense of Congress.--It is the sense of Congress that the
assistance provided under this Act to revitalize affected institutions
of higher education in the Gulf Coast region is a first step toward
revitalizing and restoring the economic, social, and cultural
prosperity of the entire Gulf Coast region.

SEC. 3. INSTITUTIONAL GRANTS FOR RECRUITMENT AND RETENTION.

    (a) Purpose.--The purpose of this section is to support affected
institutions of higher education in their efforts to revitalize their
communities following the Gulf hurricane disasters.
    (b) Program Authorized.--
            (1) Authority.--The Secretary shall award grants to
        institutions of higher education adversely affected by a Gulf
        hurricane disaster to assist the affected institutions in
        recruiting and retaining students and retaining faculty. The
        Secretary shall award grants under this Act as soon as
        possible, but no later than 6 months after the date of the
        enactment of this Act.
            (2) Duration; limitation.--Each grant awarded to an
        affected institution under this section shall be awarded for a
        period of 5 years, and may not be renewed. An affected
        institution may not receive more than one grant under this
        section.
            (3) Use of funds.--
                    (A) Aid to students.--Not less than 50 percent of
                the funds made available by a grant under this section
                shall be used by an affected institution to provide
                need-based aid to students attending the affected
                institution for academic year 2005-2006, and each of
                the 4 succeeding academic years, for purposes of
                attracting new and returning students to enroll in such
                affected institution. Such need-based aid may include--
                            (i) assisting enrolled students with
                        tuition, fees, and textbook expenses;
                            (ii) employing enrolled students to assist
                        in rebuilding facilities of the affected
                        institution;
                            (iii) providing room and board assistance
                        for enrolled students living on campus;
                            (iv) attracting and retaining first-
                        generation students, minority students, and
                        other at-risk or underserved populations;
                            (v) creating innovative work and study
                        incentives for enrolled students; and
                            (vi) any other aid deemed necessary by the
                        institution and approved by the Secretary.
                    (B) Incentives for faculty.--Not more than 50
                percent of the funds made available by a grant under
                this section shall be used by an affected institution
                to provide incentives for faculty employed by an
                affected institution to remain in the Gulf Coast region
                at such affected institution or, if such affected
                institution is unable to continue to employ such
                faculty, at another affected institution. Such
                incentives may include--
                            (i) employing returning faculty to assist
                        in rebuilding facilities of the affected
                        institution;
                            (ii) developing and providing temporary
                        housing for returning faculty and their
                        dependents who have been displaced from their
                        homes;
                            (iii) continuing salaries and health
                        benefits for returning faculty for up to one
                        year;
                            (iv) providing tuition assistance for
                        returning faculty and their dependents;
                            (v) creating innovative work and research
                        incentives for returning faculty; and
                            (vi) any other incentives deemed necessary
                        by the institution and approved by the
                        Secretary.
                    (C) Institutional promotion.--Not more than 5
                percent of the funds made available by a grant under
                this section shall be used by an affected institution
                to promote the institution at job and college fairs,
                and through the media.
            (4) Prevailing wages.--Wages paid, for purposes of
        rebuilding an affected institution's facilities under paragraph
        (3)(A)(ii) or paragraph (3)(B)(i), to students or faculty in
        whole or in part with grant funds received under this section
        for employment as laborers, mechanics, or service employees
        shall be paid at rates not less than those prevailing in the
        locality as determined by the Secretary of Labor in accordance
        with sections 3141, 3142, and 3145 of title 40, United States
        Code or section 351 of title 41, United States Code, as the
        case may be. Notwithstanding any other provision of law, the
        requirements of this paragraph shall not be waived or
        suspended.
    (c) Applications.--An institution of higher education desiring a
grant under this section shall submit an application to the Secretary
within 90 days of the date of enactment of this Act, in such manner,
and accompanied by such information as the Secretary may require. Each
application shall--
            (1) demonstrate that the institution is an affected
        institution as defined in section 6;
            (2) specify the amount of grant funds requested;
            (3) demonstrate the need of the institution for such grant
        by including in the application--
                    (A) evidence that, as a result of a Gulf hurricane
                disaster, the institution suffered a direct and
                significant economic impact and a decline in student
                enrollment, hindering the institution's ability to
                continue full operation;
                    (B) evidence that, as a result of a Gulf hurricane
                disaster, the institution lost resources necessary to
                retain faculty, hindering the institution's ability to
                continue full operation;
                    (C) an assessment of damage to the infrastructure
                of the institution as a result of a Gulf hurricane
                disaster;
                    (D) information regarding additional needs created
                by a Gulf hurricane disaster; and
                    (E) other relevant data; and
            (4) contain a description of the institution's plan to
        carry out the purposes of this section.
    (d) Priority.--The Secretary shall give priority in awarding grants
under this section to affected institutions most in need, as determined
by the Secretary.
    (e) Reporting Requirements; Reviews.--
            (1) Reports.--Each affected institution receiving a grant
        under this section shall report to the Secretary no later than
        September 30 of each year of the 5-year period for which the
        grant is awarded.
            (2) Contents.--The report shall include--
                    (A) data on the populations served under this
                section;
                    (B) a description of the use of the grant funds
                received under this section, including a description of
                programs developed with such funds;
                    (C) a financial statement accounting for the use of
                the grant funds; and
                    (D) data on the impact of the grant on enrollment
                and retention at the institution, including data on the
                numbers and percentages of new and returning students,
                and the number and percentage of faculty that have been
                retained.
            (3) Reviews.--The Secretary shall conduct periodic reviews
        to ensure that grant funds are being properly managed, and that
        the programs using such funds are achieving their intended
        outcomes.
    (f) Availability of Funds.--There shall be available to the
Secretary to carry out this section, from funds not otherwise
appropriated, $3,000,000,000 for fiscal year 2006, which shall remain
available through fiscal year 2010.

SEC. 4. LOAN FORGIVENESS.

    (a) Statement of Purpose.--The purpose of this section is to
encourage students to continue attending, and to earn degrees from,
affected institutions of higher education.
    (b) Program Authorized.--The Secretary shall carry out a program,
through the holder of the loan, of assuming the obligation to repay a
qualified loan amount for a loan made under part B of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1040), and of canceling the
obligation to repay a qualified loan amount for a loan made under part
D or E of such title IV, in accordance with subsection (c), for any
borrower, who--
            (1) returns to or enrolls in an affected institution of
        higher education in academic year 2005-2006, 2006-2007, or
        2007-2008;
            (2) obtains an associate's degree or a bachelor's degree
        from such institution; and
            (3) is not in default on a loan for which the borrower
        seeks forgiveness.
    (c) Qualified Loan Amount.--
            (1) Associate's degree.--Upon completion of an associate's
        degree from an affected institution, the Secretary shall
        repay--
                    (A) in the case of a full-time student, $2,500 for
                each academic year of enrollment at such affected
                institution; or
                    (B) in the case of a student enrolled less than
                full-time, $2,500 for the equivalent of one academic
                year of enrollment as a full-time student at such
                affected institution, as determined by the Secretary;
        not to exceed $5,000.
            (2) Bachelor's degree.--Upon completion of a bachelor's
        degree from an affected institution, the Secretary shall
        repay--
                    (A) in the case of a full-time student, $2,500 for
                each academic year of enrollment at such affected
                institution; or
                    (B) in the case of a student enrolled less than
                full-time, $2,500 for the equivalent of one academic
                year of enrollment as a full-time student at such
                affected institution, as determined by the Secretary;
        not to exceed $10,000.
            (3) Limitation.--The Secretary shall repay not more than
        the total outstanding federal loan obligation of the student,
        or $10,000, whichever is less.
            (4) Prevention of abuse.--The Secretary is authorized to
        issue such regulations as may be necessary to prevent borrowers
        from receiving repayment under this section for an excessive
        period of enrollment in comparison to the enrollment period
        which the Secretary determines is appropriate to obtain an
        associate's or a bachelor's degree.
            (5) Academic year of enrollment.--For the purpose of
        calculating loan repayment under this section, the term
        ``academic year of enrollment'' means the academic year in
        which an affected institution reopens, or any subsequent
        academic year.
    (d) Priority.--The Secretary shall give priority in awarding grants
under this section to students most in need, as determined by the
Secretary.
    (e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
    (f) Availability of Funds.--There shall be available to the
Secretary to carry out this section, from funds not otherwise
appropriated, $1,600,000,000 for fiscal year 2006, which shall remain
available through fiscal year 2013.

SEC. 5. REGULATIONS.

    The Secretary is authorized to issue such regulations as may be
necessary to carry out the provisions of this Act.

SEC. 6. EMERGENCY DESIGNATIONS.

    Sections 3 and 4 of this Act are designated as emergency
requirements pursuant to section 402 of H. Con. Res. 95 (109th
Congress).

SEC. 7. DEFINITIONS.

     For the purposes of this Act:
            (1) Affected institution.--The term ``affected
        institution'' means an institution of higher education (as
        defined in section 102 of the Higher Education Act of 1965 (20
        U.S.C. 1002))--
                    (A) located in an area affected by a Gulf hurricane
                disaster; and
                    (B) that was forced to close, relocate, or
                significantly curtail its activities as a result of
                damage directly sustained by a Gulf hurricane disaster.
            (2) Faculty.--The term ``faculty'' means academic
        professionals, administrators, and staff employed by an
        affected institution--
                    (A) in the case of an institution located in an
                area affected by Hurricane Katrina, as of August 29,
                2005; or
                    (B) in the case of an institution located in an
                area affected by Hurricane Rita, as of September 24,
                2005.
            (3) Gulf hurricane disaster.--The term ``Gulf hurricane
        disaster'' means a major disaster that the President declared
        to exist, in accordance with section 401 of the Robert T.
        Stafford Disaster Relief and Emergency Assistance Act (42
        U.S.C. 5170), and that was caused by Hurricane Katrina or
        Hurricane Rita.
            (4) Area affected by a gulf hurricane disaster.--The term
        ``area affected by a Gulf hurricane disaster'' means a county
        or parish, in an affected State, that has been designated by
        the Federal Emergency Management Agency for disaster assistance
        for individuals and households as a result of Hurricane Katrina
        or Hurricane Rita.
            (5) Affected state.--The term ``affected State'' means the
        State of Alabama, Louisiana, Mississippi, or Texas.

Summary: Gulf Coast College Revitalization Act - Expresses the sense of Congress that the assistance provided under this Act to revitalize institutions of higher education (IHE) affected by Hurricane Katrina or Hurricane Rita is a first step toward revitalizing and restoring the economic, social, and cultural prosperity of the entire Gulf Coast region. Directs the Secretary to award grants to IHEs adversely affected by a Gulf hurricane disaster to assist the affected institutions in recruiting and retaining students and retaining faculty. Directs the Secretary to assume or cancel repayment obligations for qualified loan amounts under specified student loan programs under the Higher Education Act of 1965 for certain borrowers who return to or enroll in such affected IHEs in academic years 20052006, 20062007, or 20072008, and obtain associates or bachelors degrees from such IHEs. Designates such provisions for institutional grants and student loan forgiveness under this Act as emergency requirements pursuant to specified budget provisions of H. Con. Res. 95 of the 109th Congress.

To provide assistance to revitalize institutions of higher education affected by the Gulf hurricane disasters.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intermodal Shipping Container
Security Act''.

SEC. 2. NATIONAL TRANSPORTATION SECURITY STRATEGY.

    In carrying out section 114(f) of title 49, United States Code, the
Under Secretary of Homeland Security for Border and Transportation
Security shall take into account the National Maritime Transportation
Security Plan prepared under section 70103 of title 46, United States
Code, by the Secretary of the department in which the Coast Guard is
operating when the plan is prepared in order to ensure that the
strategy for dealing with threats to transportation security developed
under section 114(f)(3) of title 49, United States Code, incorporates
relevant aspects of the National Maritime Transportation Security Plan
and addresses all modes of commercial transportation to, from, and
within the United States.

SEC. 3. COMPREHENSIVE STRATEGIC PLAN FOR INTERMODAL SHIPPING CONTAINER
              SECURITY.

    (a) Strategic Plan.--
            (1) In general.--Within 180 days after the date of
        enactment of this Act, the Secretary of Homeland Security shall
        submit to the Senate Committee on Commerce, Science, and
        Transportation and the House of Representatives Committee on
        Transportation and Infrastructure a strategic plan for
        integrating security for all modes of transportation by which
        intermodal shipping containers arrive, depart, or move in
        interstate commerce in the United States that--
                    (A) takes into account the security-related
                authorities and missions of all Federal, State, and
                local law enforcement agencies that relate to the
                movement of intermodal shipping containers via air,
                rail, maritime, or highway transportation in the United
                States; and
                    (B) establishes as a goal the creation of a
                comprehensive, integrated strategy for intermodal
                shipping container security that encompasses the
                authorities and missions of all those agencies and sets
                forth specific objectives, mechanisms, and a schedule
                for achieving that goal.
            (2) Updates.--The Secretary shall revise the plan from time
        to time.
    (b) Identification of Problem Areas.--In developing the strategic
plan required by subsection (a), the Secretary shall consult with all
Federal, State, and local government agencies responsible for security
matters that affect or relate to the movement of intermodal shipping
containers via air, rail, maritime, or highway transportation in the
United States in order to--
            (1) identify changes, including legislative, regulatory,
        jurisdictional, and organizational changes, necessary to
        improve coordination among those agencies;
            (2) reduce overlapping capabilities and responsibilities;
        and
            (3) streamline efforts to improve the security of such
        intermodal shipping containers.
    (c) Establishment of Steering Group.--The Secretary shall
establish, organize, and provide support for an advisory committee, to
be known as the Senior Steering Group, of senior representatives of the
agencies described in subsection (c). The Group shall meet from time to
time, at the call of the Secretary or upon its own motion, for the
purpose of developing solutions to jurisdictional and other conflicts
among the represented agencies with respect to the security of
intermodal shipping containers, improving coordination and information-
sharing among the represented agencies, and addressing such other,
related matters, as the Secretary may request.
    (d) Annual Report.--The Secretary, after consulting the Senior
Steering Group, shall submit an annual report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
describing the activities of the Senior Steering Group and the
Secretary under this section, describing the progress made during the
year toward achieving the objectives of the plan, and including any
recommendations, including legislative recommendations, if appropriate
for further improvements in dealing with security-issues related to
intermodal shipping containers and related transportation security
issues.
    (e) Biennial Expert Critique.--
            (1) Expert panel.--A panel of experts shall be convened
        once every 2 years by the Senate Committee on Commerce,
        Science, and Transportation and the House of Representatives
        Committee on Transportation and Infrastructure to review plans
        submitted by the Secretary under subsection (a).
            (2) Membership.--The panel shall consist of--
                    (A) 4 individuals selected by the chairman and
                ranking member of the Senate Committee on Commerce,
                Science, and Transportation and by the chairman and
                ranking member of House of Representatives Committee on
                Transportation and Infrastructure, respectively; and
                    (B) 1 individual selected by the 4 individuals
                selected under subparagraph (A).
            (3) Qualifications.--Individuals selected under paragraph
        (2) shall be chosen from among individuals with professional
        expertise and experience in security-related issues involving
        shipping or transportation and without regard to political
        affiliation.
            (4) Compensation and expenses.--An individual serving as a
        member of the panel shall not receive any compensation or other
        benefits from the Federal Government for serving on the panel
        or be considered a Federal employee as a result of such
        service. Panel members shall be reimbursed by the Committees
        for expenses, including travel and lodging, they incur while
        actively engaged in carrying out the functions of the panel.
            (5) Function.--The panel shall review plans submitted by
        the Secretary under subsection (a), evaluate the strategy set
        forth in the plan, and make such recommendations to the
        Secretary for modifying or otherwise improving the strategy as
        may be appropriate.

SEC. 4. SHIPPING CONTAINER INTEGRITY INITIATIVE.

    (a) In General.--Chapter 701 of title 46, United States Code, is
amended--
            (1) by redesignating section 70117 as section 70118; and
            (2) by inserting after section 70116 the following:
``Sec. 70117. Enhanced container-related security measures.
    ``(a) Tracking Intermodal Container Shipments in the United
States.--The Secretary, in cooperation with the Under Secretary of
Border and Transportation Security, shall develop a system to increase
the number of intermodal shipping containers physically inspected
(including noninstrusive inspection by scanning technology), monitored,
and tracked within the United States.
    ``(b) Smart Box Technology.--Under regulations to be prescribed by
the Secretary, beginning with calendar year 2007 no less than 50
percent of all ocean-borne shipping containers entering the United
States during any calendar year shall incorporate `Smart Box' or
equivalent technology developed, approved, or certified by the Under
Secretary of Homeland Security for Border and Transportation Security.
    ``(c) Development of International Standard for Smart Containers.--
The Secretary shall--
            ``(1) develop, and seek international acceptance of, a
        standard for `smart' maritime shipping containers that
        incorporate technology for tracking the location and assessing
        the integrity of those containers as they move through the
        intermodal transportation system; and
            ``(2) implement an integrated tracking and technology
        system for such containers.
    ``(d) Report.--Within 1 year after the date of enactment of the
Intermodal Shipping Container Security Act, the Secretary shall
transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure a report that contains--
            ``(1) a cost analysis for implementing this section; and
            ``(2) a strategy for implementing the system described in
        subsection (c)(3).''.
    (b) Conforming Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by striking the item relating
to section 70117 and inserting the following:

``70117. Enhanced container-related security measures.
``70118. Civil penalties.''.

SEC. 5. ADDITIONAL RECOMMENDATIONS.

    Within 180 days after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure a report that contains
the following:
            (1) Recommendations about what analysis must be performed
        and the cost to develop and field a cargo container tracking
        and monitoring system within the United States which tracks all
        aviation, rail, maritime, and highway cargo containers equipped
        with smart container technology.
            (2) Recommendations on how the Department of Homeland
        Security could help support the deployment of such a system.
            (3) Recommendations as to how current efforts by the
        Department of Homeland Security and other Federal agencies
        could be incorporated into the physical screening or inspection
        of aviation, rail, maritime, and highway cargo containers
        within the United States.
            (4) Recommendations about operating systems and standards
        for those operating systems, to support the tracking of
        aviation, rail, maritime, and highway cargo containers within
        the United States that would include the location of regional,
        State, and local operations centers.
            (5) A description of what contingency actions, measures,
        and mechanisms should be incorporated in the deployment of a
        nationwide aviation, rail, maritime, and highway cargo
        containers tracking and monitoring system which would allow the
        United States maximum flexibility in responding quickly and
        appropriately to increased terrorist threat levels at the
        local, State, or regional level.
            (6) A description of what contingency actions, measures,
        and mechanisms must be incorporated in the deployment of such a
        system which would allow for the quick reconstitution of the
        system in the event of a catastrophic terrorist attack which
        affected part of the system.
            (7) Recommendations on how to leverage existing information
        and operating systems within State or Federal agencies to
        assist in the fielding of the system.
            (8) Recommendations on co-locating local, State, and
        Federal agency personnel to streamline personnel requirements,
        minimize costs, and avoid redundancy.
            (9) An initial assessment of the availability of private
        sector resources which could be utilized, and incentive systems
        developed, to support the fielding of the system, and the
        maintenance and improvement as technology or terrorist threat
        dictate.
            (10) Recommendations on how this system that is focused on
        the continental United States would be integrated into any
        existing or planned system, or process, which is designed to
        monitor the movement of cargo containers outside the
        continental United States.

SEC. 6. IMPROVEMENTS TO CONTAINER TARGETING SYSTEMS.

    (a) In General.--Within 90 days after the date of enactment of this
Act, the Secretary of Homeland Security shall submit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure that
provides a preliminary plan for strengthening the Bureau of Customs and
Border Protection's container targeting system. The plan shall identify
the cost and feasibility of requiring additional non-manifest
documentation for each container, including purchase orders, shipper's
letters of instruction, commercial invoices, letters of credit, or
certificates of origin.
    (b) Reduction of Manifest Revision Window.--Within 60 days after
the date of enactment of this Act, the Secretary of Homeland Security
shall issue regulations under which the time period for revisions to a
container cargo manifest submitted to the Bureau of Customs and Border
Protection shall be reduced from 60 days to 45 days after arrival at a
United States port.
    (c) Supply Chain Information.--Within 180 days after the date of
enactment of this Act, the Secretary of Homeland Security shall develop
a system to share threat and vulnerability information with all of the
industries in the supply chain that will allow ports, carriers, and
shippers to report on security lapses in the supply chain and have
access to unclassified maritime threat and security information such as
piracy incidents.

SEC. 7. INCREASE IN NUMBER OF CUSTOMS INSPECTORS ASSIGNED OVERSEAS.

    (a) In General.--The Secretary of Homeland Security shall
substantially increase the number of United States Customs Service
inspectors assigned to duty outside the United States under the
Container Security Initiative of the United States Customs Service with
responsibility for inspecting intermodal shipping containers being
shipped to the United States.
    (b) Staffing Criteria.--In carrying out subsection (a) the
Secretary of Homeland Security shall determine the appropriate level
for assignment and density of customs inspectors at selected
international port facilities by a threat, vulnerability, and risk
analysis which, at a minimum, considers--
            (1) the volume of containers shipped;
            (2) the ability of the host government to assist in both
        manning and providing equipment and resources;
            (3) terrorist intelligence known of importer vendors,
        suppliers or manufactures; and
            (4) other criteria as determined in consult with experts in
        the shipping industry, terrorism, and shipping container
        security.
    (c) Minimum Number.--The total number of customs inspectors
assigned to international port facilities shall not be less than the
number determined as a result of the threat, vulnerability, and risk
assessment analysis which is validated by the Administrator of the
Transportation Security Administration within 180 days after the date
of enactment of this Act.
    (d) Plan.--The Secretary shall submit a plan to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure, with
timelines, for phasing inspectors into selected port facilities within
180 days after the enactment of this Act.

SEC. 8. RANDOM INSPECTION OF CONTAINERS.

    (a) In General.--The Under Secretary of Homeland Security for
Border and Transportation Security shall develop and implement a plan
for random inspection of shipping containers in addition to any
targeted or pre-shipment inspection of such containers required by law
or regulation or conducted under any other program conducted by the
Under Secretary.
    (b) Civil Penalty for Erroneous Manifest.--
            (1) In general.--Except as provided in paragraph (2), if
        the Under Secretary determines on the basis of an inspection
        conducted under subsection (a) that there is a discrepancy
        between the contents of a shipping container and the manifest
        for that container, the Under Secretary may impose a civil
        penalty of not more than $1,000 for the discrepancy.
            (2) Manifest discrepancy reporting.--The Under Secretary
        may not impose a civil penalty under paragraph (1) if a
        manifest discrepancy report is filed with respect to the
        discrepancy within the time limits established by Customs
        Directive No. 3240-067A (or any subsequently issued directive
        governing the matters therein) for filing a manifest
        discrepancy report.
                               D23/

Summary: Intermodal Shipping Container Security Act - Directs the Under Secretary of Homeland Security for Border and Transportation Security to take into account a certain National Maritime Transportation Security Plan to ensure that the strategy for dealing with threats to transportation security incorporates relevant aspects of the Plan and addresses all modes of commercial transportation to, from, and within the United States. Directs the Secretary of Homeland Security to submit to Congress a strategic plan for integrating security for all modes of transportation by which intermodal shipping containers arrive, depart, or move in interstate commerce. Establishes the Senior Steering Group to develop solutions to conflicts among constituent agencies regarding intermodal shipping container security. Amends Federal shipping law to direct the Secretary of Transportation to develop a system to increase the number of intermodal shipping containers physically inspected , monitored, and tracked within the United States. Requires, beginning in 2007, no less than 50 percent of all ocean-borne shipping containers entering the United States to incorporate Smart Box or equivalent technology. Requires the Secretary of Homeland Security to: (1) report to Congress a preliminary plan for strengthening the Bureau of Customs and Border Protection's container targeting system. (2) issue regulations reducing from 60 days to 45 days after arrival at a US port the time period for revisions to a container manifest that is submitted to the Bureau of Customs and Border Protection. (3) develop a system to share threat and vulnerability information with all of the industries in the supply chain. And (4) substantially increase under the Container Security Initiative the number of US Customs Service inspectors assigned to duty outside of the United States with responsibility for inspecting intermodal shipping containers being shipped to the United States. Directs the Under Secretary to implement a plan for random inspection of shipping containers in addition to any targeted or preshipment inspection of such containers required by law. Sets forth civil penalties for discrepancies found in container manifests.

A bill to improve intermodal shipping container transportation security.