SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Path to Success: Gang Prevention
through Community Partnerships Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to encourage community supported
programs that--
            (1) leverage and enhance community support for at-risk
        young adults by facilitating the transition of such young
        adults who are eligible individuals into productive learning
        environments where such young adults can obtain the life,
        social, academic and vocational skills and credentials
        necessary to strengthen the Nation's workforce;
            (2) provide counseling, as appropriate, for eligible
        individuals participating in the programs to allow such
        individuals to build a relationship with one or more guidance
        counselors during the period that the individuals are enrolled
        in the programs, including providing referrals and connections
        to community resources that help eligible individuals
        transition back into the community with the necessary life,
        social, academic and vocational skills after being in
        detention, or incarcerated, particularly resources related to
        health, housing, job training, and work-place readiness;
            (3) provide training and education for eligible individuals
        participating in the programs, to allow such individuals to
        assist community officials and law enforcement agencies with
        the deterrence and prevention of gang and youth violence by
        participating in seminars, training, and workshops throughout
        the community; and
            (4) provide each eligible youth participating in the
        programs with individual attention based on a curriculum that
        matches the interests and abilities of the individual to the
        resources of the program.

SEC. 3. REENTRY EDUCATION PROGRAM.

    (a) Grant Program Established.--The Secretary of Education is
authorized to award grants to community colleges to enter into and
maintain partnerships with juvenile detention centers and secure
juvenile justice residential facilities to provide assistance,
services, and education to eligible individuals who reenter the
community and pursue, in accordance with the requirements of this Act,
at least one of the following:
            (1) A certificate of graduation from a school providing
        secondary education, a general equivalency diploma (GED), or
        another recognized equivalent of such a certificate or diploma.
            (2) A certificate of completion for a specialized area of
        study, such as vocational training and other alternative post-
        secondary educational programs.
            (3) An associate's degree.
    (b) Grant Period.--A grant awarded under this Act shall be for one
2-year period, and may be renewed for an additional period as the
Secretary determines to be appropriate.
    (c) Application.--A community college desiring to receive a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
shall require, which shall include--
            (1) an assessment of the existing community resources
        available to serve at-risk youth;
            (2) a detailed description of the program and activities
        the community college will carry out with such grant; and
            (3) a proposed budget describing how the community college
        will use the funds made available by such grant.
    (d) Priority.--In awarding grants under this section, the Secretary
of Education shall give priority to community colleges that accept the
highest number of eligible individuals from high-risk areas, and among
such community colleges, shall give priority to community colleges that
the Secretary determines will best carry out the purposes of this Act,
based on the applications submitted in accordance with subsection (c).

SEC. 4. ALLOWABLE USES OF FUNDS.

    A community college awarded a grant under this Act may use such
grant to--
            (1) pay for tuition and transportation costs of eligible
        individuals;
            (2) establish and carry out an education program that
        includes classes for eligible individuals that--
                    (A) provide marketable life and social skills to
                such individuals;
                    (B) meet the education program requirements under
                section 5;
                    (C) promote the civic engagement of such
                individuals; and
                    (D) facilitate a smooth reentry of such individuals
                into the community;
            (3) create and carry out a mentoring program--
                    (A) that is specifically designed to help eligible
                individuals with the potential challenges of the
                transitional period from detention to release;
                    (B) is created in consultation with guidance
                counselors, academic advisors, law enforcement
                officials, and other community resources; and
                    (C) that is administered by a program coordinator,
                selected and employed by the community college, who
                shall oversee each individual's development and shall
                serve as the immediate supervisor and reporting officer
                to whom the academic advisors, guidance counselors, and
                volunteers shall report regarding the progress of each
                such individual;
            (4) facilitate employment opportunities for eligible
        individuals by entering into partnerships with public and
        private entities to provide opportunities for internships,
        apprenticeships, and permanent employment, as possible, for
        such individuals; and
            (5) provide training for eligible individuals participating
        in the programs, to allow such individuals to assist community
        officials and law enforcement agencies with the deterrence and
        prevention of gang and youth violence by participating in
        seminars and workshop series throughout the community.

SEC. 5. EDUCATION PROGRAM REQUIREMENTS.

    An education program established and carried out under section 4
shall--
            (1) include classes that are required for completion of a
        certificate, diploma, or degree described in paragraphs (1)
        through (3) of section 3(a);
            (2) provide a variety of academic programs, with various
        completion requirements, to accommodate the distinctive
        academic backgrounds, learning curves, and concentration
        interests of the eligible individuals who participate in the
        program;
            (3) offer flexible academic programs that are designed to
        improve the academic development and achievement of eligible
        individuals, and to avoid high attrition rates for such
        individuals; and
            (4) provide for a uniquely designed education plan for each
        eligible individual participating in the program, which shall
        require such individual to receive, at a minimum, a certificate
        or diploma described in paragraph (1) of section 3(a) to
        successfully complete such program.

SEC. 6. REPORTS.

    Each community college awarded a grant under this Act shall submit
to the Secretary of Education a report--
            (1) documenting the results of the program carried out with
        such grant; and
            (2) evaluating the effectiveness of activities carried out
        through such program.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Community college.--The term ``community college''
        means a public or nonprofit institution of higher education (as
        such term is defined in section 101 or 102(a)(2)(B) of the
        Higher Education Act of 1965 (20 U.S.C. 1001, 1002(a)(2)(B)),
        that--
                    (A) provides an educational program of not less
                than two years; and
                    (B) that is accredited by a regional accrediting
                agency or association.
            (2) Eligible individual.--The term ``eligible individual''
        means an individual who--
                    (A) is 16 to 19 years of age;
                    (B) has been convicted of a gang-related offense,
                and has served a period of detention in a juvenile
                detention center for such offense; and
                    (C) is detained in, or has been released from such
                center.
            (3) Gang-related offense.--The term ``gang-related
        offense'' means conduct constituting any Federal or State
        crime, punishable by imprisonment in any of the following
        categories:
                    (A) A crime of violence.
                    (B) A crime involving obstruction of justice,
                tampering with or retaliating against a witness,
                victim, or informant, or burglary.
                    (C) A crime involving the manufacturing, importing,
                distributing, possessing with intent to distribute, or
                otherwise dealing in a controlled substance or listed
                chemical (as those terms are defined in section 102 of
                the Controlled Substances Act (21 U.S.C. 802)).
            (4) Guidance counselor.--The term ``guidance counselor''
        means an individual who works with at-risk youth on a one-on-
        one basis, to establishing a supportive relationship with such
        at-risk youth and to provide such at-risk youth with academic
        assistance and exposure to new experiences that enhance their
        ability to become responsible citizens.
            (5) High-risk area.--The term ``high-risk area'' means a
        specified area within a State where there is a
        disproportionately high number of gang-related activities
        reported to State and local law enforcement authorities.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act
$20,000,000 for the period beginning with fiscal year 2008 and ending
with fiscal year 2010.

Summary: Path to Success: Gang Prevention through Community Partnerships Act - Authorizes the Secretary of Education to award grants to community colleges to establish partnerships with juvenile detention centers and secure juvenile justice residential facilities to provide assistance, services, and education to individuals age 16 through 19 who have served or are serving time in juvenile detention facilities for a gang-related offense who reenter the community and pursue: (1) a secondary education graduation certificate, a general equivalency diploma (GED), or equivalent certificate or diploma. (2) a certificate of completion for a specialized area of study. Or (3) an associate's degree. Requires such education programs to establish a uniquely designed education plan for each individual program participant that requires the individual to receive at least a secondary education certificate or diploma in order to complete the program successfully.

To establish an educational mentoring pilot program for at-risk youth through community partnerships that provides life, social, academic and vocational skills necessary for youth to become productive law abiding citizens.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Investment Transparency and
Security Act of 2006''.

SEC. 2. LIMITS ON FOREIGN CONTROL OF INVESTMENTS IN CERTAIN UNITED
              STATES CRITICAL INFRASTRUCTURE.

    (a) In General.--Title II of the Homeland Security Act of 2002 (6
U.S.C. 201 et seq.) is amended by adding at the end the following:

   ``Subtitle E--Limits on Foreign Control of Investments in Certain
                 United States Critical Infrastructure

``SEC. 241. DEFINITIONS.

    ``As used in this subtitle--
            ``(1) the term `foreign government controlled entity' means
        any entity in which a foreign government owns a majority
        interest, or otherwise controls or manages the entity; and
            ``(2) the term `general business corporation' means any
        entity that qualifies for treatment for Federal taxation
        purposes under subchapter C or subchapter S of the Internal
        Revenue Code of 1986, established or organized under the laws
        of any State.

``SEC. 242. LIMITATION ON FOREIGN INVESTMENTS.

    ``(a) In General.--A foreign government controlled entity may
acquire, own, or otherwise control or manage any critical
infrastructure of the United States only through the establishment or
operation of a foreign owned general business corporation that meets
the requirements of subsection (b).
    ``(b) Requirements.--For purposes of this section, a general
business corporation shall--
            ``(1) have a board of directors, the majority of which is
        comprised of United States citizens;
            ``(2) have a chief security officer who is a United States
        citizen, responsible for safety and security issues related to
        the critical infrastructure; and
            ``(3) maintain all records related to operations,
        personnel, and security of the United States general business
        corporation in the United States.
    ``(c) Rule of Construction.--Nothing in this subtitle may be
construed to restrict or otherwise alter the authority of the President
or the Committee on Foreign Investment in the United States (or any
successor thereto) as the designee of the President, under section 721
of the Defense Production Act of 1950.

``SEC. 243. REGULATIONS REQUIRED.

    ``Not later than 6 months after the date of enactment of this
subtitle, the Secretary, in coordination with the Secretary of the
Treasury, shall promulgate final regulations to carry out this
subtitle.

``SEC. 244. EFFECTIVE DATE.

    ``(a) In General.--Section 242 shall apply beginning on the date
that is 6 months after the date of enactment of this subtitle.
    ``(b) Existing Entities.--A foreign government controlled entity
that owns or otherwise controls or manages any critical infrastructure
of the United States on the effective date of this subtitle shall
comply with the requirements of this subtitle not later than 180 days
after that effective date.''.
    (b) Conforming Amendment.--The table of contents under section 1(b)
of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by
inserting after the item relating to section 237 the following:

   ``Subtitle E--Limits on Foreign Control of Investments in Certain
                 United States Critical Infrastructure

        ``Sec. 241. Definitions.
        ``Sec. 242. Limitation on foreign investments.
        ``Sec. 243. Regulations required.
        ``Sec. 244. Effective date.''.

SEC. 3. MARITIME SECURITY.

    (a) Findings.--Congress finds that--
            (1) existing scanning processes for maritime containers are
        insufficient;
            (2) it should be the goal of the United States to scan 100
        percent of inbound maritime containers; and
            (3) the maritime container inspection system employed in
        Hong Kong shows promise in enhancing the maritime security
        capabilities of the United States.
    (b) Amendments to Homeland Security Act.--
            (1) In general.--Subtitle A of title IV of the Homeland
        Security Act (6 U.S.C. 201 et seq.) is amended by adding at the
        end the following:

``SEC. 404. REPORT ON SCANNING OF MARITIME CONTAINERS.

    ``(a) Report to Congress.--Not later than 90 days after the date of
enactment of this section, the Secretary shall submit a report to
Congress detailing the processes and policies for implementation of a
scanning system for 100 percent of the inbound maritime containers
described in subsection (a).
    ``(b) Definition of Container.--The term `container' has the
meaning given the term in the International Convention for Safe
Containers, with annexes, done at Geneva December 2, 1972 (29 UST
3707).''.
            (2) Conforming amendment.--The table of contents under
        section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.
        101) is amended by inserting after the item relating to section
        403 the following:

        ``Sec. 404. Report on scanning of maritime containers.''.

Summary: Foreign Investment Transparency and Security Act of 2006 - Amends the Homeland Security Act of 2002 to provide that a foreign government controlled entity may acquire, own, or otherwise control or manage any critical infrastructure of the United States only through the establishment or operation of a foreign owned general business corporation that meets specified requirements. Requires a majority of the board of directors of such a corporation and its chief security officer to be US citizens. Directs the Secretary of Homeland Security to report to Congress on the processes and policies for implementation of a scanning system for 100 of all inbound maritime containers.

A bill to amend the Homeland Security Act of 2002 to limit foreign control of investments in certain United States critical infrastructure.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Students Learning in Safe Schools
Act of 1999''.

SEC. 2. MATCHING GRANT PROGRAM FOR SCHOOL SAFETY EQUIPMENT.

    (a) In General.--Part Y of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 is amended--
            (1) by striking the part designation and part heading and
        inserting the following:

                   ``PART Y--MATCHING GRANT PROGRAMS

             ``Subpart A--Grant Program For Armor Vests'';

            (2) by striking ``this part'' each place that term appears
        and inserting ``this subpart''; and
            (3) by adding at the end the following:

         ``Subpart B--Grant Program For School Safety Equipment

``SEC. 2511. PROGRAM AUTHORIZED.

    ``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government,
Indian tribes, and local educational agencies to purchase school safety
equipment for use in and near elementary and secondary schools.
    ``(b) Uses of Funds.--Grants awarded under this section shall be--
            ``(1) distributed directly to the State, unit of local
        government, Indian tribe, or local educational agency, as
        applicable; and
            ``(2) used for the purchase of school safety equipment for
        use in elementary and secondary schools in the jurisdiction of
        the grantee.
    ``(c) Preferential Consideration.--In awarding grants under this
subpart, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
            ``(1) has the greatest need for school safety equipment,
        based on the percentage of elementary and secondary schools in
        the jurisdiction of the applicant that do not have access to
        such equipment;
            ``(2) has a violent crime rate at or above the national
        average as determined by the Federal Bureau of Investigation;
        or
            ``(3) has not received a block grant under the Local Law
        Enforcement Block Grant program described under the heading
        `Violent Crime Reduction Programs, State and Local Law
        Enforcement Assistance' of the Departments of Commerce,
        Justice, and State, the Judiciary, and Related Agencies
        Appropriations Act, 1998 (Public Law 105-119).
    ``(d) Minimum Amount.--Unless all eligible applications submitted
by any State or unit of local government within such State for a grant
under this section have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.50 percent of the total
amount appropriated in the fiscal year for grants pursuant to this
section except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be allocated .25
percent.
    ``(e) Maximum Amount.--A qualifying State, unit of local
government, Indian tribe, or local educational agency may not receive
more than 5 percent of the total amount appropriated in each fiscal
year for grants under this section, except that a State, together with
the grantees within the State may not receive more than 20 percent of
the total amount appropriated in each fiscal year for grants under this
section.
    ``(f) Matching Funds.--The portion of the costs of a program
provided by a grant under subsection (a) may not exceed 50 percent. Any
funds appropriated by Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide the
non-Federal share of a matching requirement funded under this
subsection.
    ``(g) Allocation of Funds.--Not less than 50 percent of the total
amount made available to carry out this subpart in each fiscal year
shall be awarded to units of local government with fewer than 100,000
residents.

``SEC. 2512. APPLICATIONS.

    ``(a) In General.--To request a grant under this subpart, the chief
executive of a State, unit of local government, Indian tribe, or local
educational agency shall submit an application to the Director of the
Bureau of Justice Assistance in such form and containing such
information as the Director may reasonably require.
    ``(b) Regulations.--
            ``(1) In general.--Not later than 90 days after the date of
        enactment of the Students Learning in Safe Schools Act of 1999,
        the Director of the Bureau of Justice Assistance shall
        promulgate regulations to implement this section (including the
        information that must be included and the requirements that the
        States, units of local government, Indian tribes, and local
        educational agencies must meet) in submitting the applications
        required under this section.
            ``(2) Internet access.--The regulations promulgated under
        this subsection shall provide for the availability of
        applications for, and other information relating to, assistance
        under this subpart on the Internet website of the Department of
        Justice, in a manner that is closely linked to the information
        on that Internet website concerning the program under part Q.
    ``(c) Eligibility.--A unit of local government that receives
funding under the Local Law Enforcement Block Grant program (described
under the heading `Violent Crime Reduction Programs, State and Local
Law Enforcement Assistance' of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998
(Public Law 104-119)) during a fiscal year in which it submits an
application under this subpart shall not be eligible for a grant under
this subpart unless the chief executive officer of such unit of local
government certifies and provides an explanation to the Director that
the unit of local government considered or will consider using funding
received under the block grant program for any or all of the costs
relating to the purchase of school safety equipment, but did not, or
does not expect to use such funds for such purpose.

``SEC. 2513. DEFINITIONS.

    ``In this subpart--
            ``(1) the term `Indian tribe' has the same meaning as in
        section 4(e) of the Indian Self-Determination and Education
        Assistance Act (25 U.S.C. 450b(e));
            ``(2) the term `school safety equipment' means metal
        detectors, metal detecting wands, video cameras, and other
        equipment designed to detect weapons and otherwise enhance
        school safety;
            ``(3) the term `State' means each of the 50 States, the
        District of Columbia, the Commonwealth of Puerto Rico, the
        United States Virgin Islands, American Samoa, Guam, and the
        Northern Mariana Islands; and
            ``(4) the term `unit of local government' means a county,
        municipality, town, township, village, parish, borough, school
        district, or other unit of general government below the State
        level.''.
    (b) Authorization of Appropriations.--Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a))
is amended by striking paragraph (23) and inserting the following:
    ``(23) There are authorized to be appropriated to carry out part
Y--
                    ``(A) $25,000,000 for each of fiscal years 2000
                through 2002 for grants under subpart A of that part;
                and
                    ``(B) $40,000,000 for each of fiscal years 2000
                through 2002 for grants under subpart B of that
                part.''.

SEC. 3. SENSE OF CONGRESS REGARDING AMERICAN-MADE PRODUCTS AND
              EQUIPMENT.

    In the case of any equipment or products that may be authorized to
be purchased with financial assistance provided using funds
appropriated or otherwise made available by this Act, it is the sense
of the Congress that entities receiving the assistance should, in
expending the assistance, purchase only American-made equipment and
products, unless such equipment or products are not readily available
at reasonable costs.

SEC. 4. SENSE OF THE SENATE REGARDING SCHOOL SECURITY.

    It is the sense of the Senate that recipients of assistance under
subpart B of part Y of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, as added by this Act, should, to the maximum
extent practicable, seek to achieve a balance between school security
needs and the need for an environment that is conducive to learning.

SEC. 5. TECHNOLOGY DEVELOPMENT.

    Section 202 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end
the following:
    ``(e) School Safety Technology Development.--The Institute shall
conduct research and otherwise work to develop new weapons detection
technologies and safety systems that are appropriate to school
settings.''.

Summary: Authorizes appropriations to carry out such new matching grant program for school safety equipment, as well as for the current matching grant program for law enforcement armor vests. Expresses the sense of Congress regarding American-made products and equipment. Expresses the sense of the Senate regarding school security. Amends such Act to direct the National Institute of Justice to conduct research and otherwise work to develop new weapons detection technologies and safety systems that are appropriate to school settings.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Broadband Enhancement Act''.

SEC. 2. LOAN PROGRAM FOR DEPLOYMENT OF BROADBAND SERVICE IN RURAL
              AREAS.

    (a) In General.--Part C of title I of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 901 et seq.) is amended by adding at the end the following new
section:

``SEC. 156. BROADBAND TELECOMMUNICATIONS SERVICE.

    ``(a) Purpose.--The purpose of this section is to make loans and
other extensions of credit to provide funds for the costs of the
construction, improvement, and acquisition of facilities and equipment
for the provision of broadband service in eligible rural communities.
    ``(b) Requirement To Make Loans and Other Extensions of Credit.--
The Rural Utilities Service of the Department of Agriculture shall, in
consultation with the NTIA, make loans or other extensions of credit to
eligible entities to provide funds for the construction, improvement,
or acquisition of facilities and equipment (including consumer
equipment) for the provision of broadband service in eligible rural
communities.
    ``(c) Eligible Entities.--An entity eligible for a loan or other
extension of credit under this section is any non-Federal public or
private entity, including an incorporated or limited liability entity,
cooperative, non-profit organization, or limited dividend or mutual
association, that submits a plan for a project meeting the requirements
of subsection (e).
    ``(d) Broadband Service.--
            ``(1) In general.--For purposes of this section, broadband
        service is any technology identified by the Rural Utilities
        Service, in consultation with the NTIA, as having the capacity
        to transmit data so as to enable a subscriber to such service
        to originate and receive high-quality voice, data, graphics, or
        video.
            ``(2) Modification.--The NTIA shall, from time to time as
        advances in technology so warrant, review and recommend
        modifications of rate-of-data transmission criteria for
        purposes of the identification of technologies under paragraph
        (1).
    ``(e) Project Requirements.--
            ``(1) In general.--A project meeting the requirements of
        this subsection is any project determined to have the
        capability--
                    ``(A) to deliver broadband service; and
                    ``(B) to make access to broadband service generally
                available throughout an eligible rural community.
            ``(2) Additional considerations.--For purposes of
        determining whether or not to make a loan or other extension of
        credit for a project under this section, the following matters
        shall also be taken into consideration:
                    ``(A) The extent to which the area to be served by
                the project is unserved or underserved by broadband
                service.
                    ``(B) The size of the area to be served by the
                project.
                    ``(C) The potential number of subscribers to the
                broadband service available through the project.
            ``(3) Technological neutrality.--For purposes of
        determining whether or not to make a loan or other extension of
        credit for a project under this section, the type of technology
        proposed to be employed under the project may not be taken into
        consideration.
    ``(f) Terms and Conditions.--A loan or other extension of credit
under this section shall--
            ``(1) be made available in accordance with the requirements
        of the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et
        seq.);
            ``(2) bear interest at an annual rate of not more than 2
        percent per annum; and
            ``(3) have a term not to exceed the useful life of the
        assets constructed, improved, or acquired with the proceeds of
        the loan or extension of credit.
    ``(g) Limitation on Value of Loans and Credit.--The aggregate value
of all loans and other extensions of credit made under this section
shall not exceed $3,000,000,000.
    ``(h) Eligible Rural Community Defined.--In this section, the term
`eligible rural community' means any incorporated or unincorporated
place that--
            ``(1) has not more than 20,000 inhabitants, based on the
        most recent available population statistics of the Bureau of
        the Census; and
            ``(2) is not located in an area designated as a
        Metropolitan Area by the Office of Management and Budget.
    ``(i) Sunset.--
            ``(1) In general.--No loan or other extension of credit may
        be made under this section after September 30, 2006.
            ``(2) Construction.--Paragraph (1) shall not affect the
        validity of any loan or extension of credit made under this
        section before the date specified in that paragraph.''.
    (b) Authorization of Appropriations.--There is hereby authorized to
be appropriated for the Department of Commerce such sums as may be
necessary to cover the cost, as defined in section 502 of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a), of loans and other
extensions of credit made under section 156 of the National
Telecommunications and Information Administration Organization Act, as
added by subsection (a).

Summary: Rural Broadband Enhancement Act - Amends the National Telecommunications and Information Administration Organization Act to direct the Rural Utilities Service of the Department of Agriculture to make loans or other extensions of credit to eligible entities to provide funds for the construction, improvement, or acquisition of facilities and equipment for the provision of broadband telecommunications service in eligible rural communities . Prohibits any such loan or credit extension after September 20, 2006.

To amend the National Telecommunications and Information Administration Organization Act to encourage deployment of broadband service to rural America.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hurricane Sand Dunes National
Recreation Area Act of 2014''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means land
        owned and managed by the Bureau of Land Management in
        Washington County in the State.
            (2) Map.--The term ``map'' means the map prepared by the
        Bureau of Land Management entitled ``Hurricane Sand Dunes
        National Recreation Area'' and dated November 14, 2014.
            (3) Non-federal land.--The term ``non-Federal land'' means
        the State land identified on the map as State land.
            (4) Proposed exchange parcel.--The term ``proposed exchange
        parcel'' means the approximately 1,205 acres of Bureau of Land
        Management land identified on the map as ``Proposed Exchange
        Parcel''.
            (5) Recreation area.--The term ``Recreation Area'' means
        the Hurricane Sand Dunes National Recreation Area established
        by section 3(a).
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (7) State.--The term ``State'' means the State of Utah.

SEC. 3. HURRICANE SAND DUNES NATIONAL RECREATION AREA, UTAH.

    (a) Designation.--There is established in the State the Hurricane
Sand Dunes National Recreation Area to provide for--
            (1) the enhancement of recreational uses; and
            (2) the use of off-highway vehicles.
    (b) Boundary.--
            (1) In general.--The Recreation Area shall consist of the
        approximately 18,447 acres of Bureau of Land Management land in
        the State identified on the map as ``Open OHV Area''.
            (2) Exclusion.--The proposed exchange parcel shall be
        excluded from the Recreation Area.
    (c) Administration of Recreation Area and Proposed Exchange
Parcel.--The Secretary, acting through the Director of the Bureau of
Land Management, shall--
            (1) administer the Recreation Area and proposed exchange
        parcel--
                    (A) in accordance with--
                            (i) the applicable Federal laws (including
                        regulations) and rules applicable to the Bureau
                        of Land Management; and
                            (ii) applicable land use plans; and
                    (B) consistent with the administration of the Sand
                Mountain Open OHV Area, as in existence on the day
                before the date of enactment of this Act; and
            (2) only allow uses of the Recreation Area that are
        consistent with the purposes described in subsection (a).
    (d) Fish and Wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of the State with respect to fish and
wildlife in the State.
    (e) Adjacent Management.--Nothing in this section creates any
protective perimeter or buffer zone around the Recreation Area.
    (f) Use of Off-Highway Vehicles.--The land described in subsection
(b)(1) shall remain open, in perpetuity, to the use of off-highway
vehicles.

SEC. 4. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.

    (a) In General.--If the State offers to convey to the United States
title to the non-Federal land, the Secretary shall--
            (1) accept the offer; and
            (2) on receipt of all right, title, and interest in and to
        the non-Federal land, convey to the State all right, title, and
        interest of the United States in and to the Federal land.
    (b) Valid Existing Rights.--The exchange authorized under
subsection (a) shall be subject to valid existing rights.
    (c) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this section shall be in a format acceptable to
the Secretary and the State.
    (d) Appraisals.--
            (1) In general.--The value of the Federal land and the non-
        Federal land to be exchanged under this section shall be
        determined by appraisals conducted by 1 or more independent
        appraisers retained by the State, with the consent of the
        Secretary.
            (2) Applicable law.--The appraisals under paragraph (1)
        shall be conducted in accordance with nationally recognized
        appraisal standards, including, as appropriate, the Uniform
        Appraisal Standards for Federal Land Acquisitions.
            (3) Approval.--The appraisals conducted under paragraph (1)
        shall be submitted to the Secretary and the State for approval.
    (e) Equal Value Exchange.--
            (1) In general.--The value of the Federal land and non-
        Federal land to be exchanged under this section--
                    (A) shall be equal; or
                    (B) shall be made equal in accordance with
                paragraph (2).
            (2) Equalization.--
                    (A) Surplus of federal land.--If the value of the
                Federal land exceeds the value of the non-Federal land,
                the value of the Federal land and non-Federal land
                shall be equalized, as determined to be appropriate and
                acceptable by the Secretary and the State--
                            (i) by reducing the acreage of the Federal
                        land to be conveyed; or
                            (ii) by adding additional State land to the
                        non-Federal land to be conveyed.
                    (B) Surplus of non-federal land.--If the value of
                the non-Federal land exceeds the value of the Federal
                land, the value of the Federal land and non-Federal
                land shall be equalized by reducing the acreage of the
                non-Federal land to be conveyed, as determined to be
                appropriate and acceptable by the Secretary and the
                State.
    (f) Status and Management of Non-Federal Land.--On conveyance to
the Secretary, the non-Federal land shall, in accordance with section
206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 1716(c)), be
added to, and administered by the Secretary as part of, the Recreation
Area.

Summary: Hurricane Sand Dunes National Recreation Area Act of 2014 - Establishes the Hurricane Sand Dunes National Recreation Area in Utah to provide for the enhancement of recreational uses and the use of off-highway vehicles. Provides for the conveyance of federal lands in Washington County in an equal-value exchange for certain state lands identified on a Bureau of Land Management (BLM) map for the area dated November 14, 2014.


SECTION 1. CRIMINAL AND CIVIL FORFEITURE FOR MAIL AND WIRE FRAUD.

    (a) In General.--Chapter 63 of title 18, United States Code, is
amended by adding at the end the following new sections:
``Sec. 1347. Criminal forfeiture for violation of section 1341 or 1343
    ``(a) In General.--A person convicted of a violation of sections
1341 or 1343 of this title shall, notwithstanding any provision of
State law, forfeit to the United States any property constituting or
derived from any proceeds which the person obtained directly or
indirectly from a scheme in violation of either section.
    ``(b) Procedures of Controlled Substances Act Applicable.--With
respect to a forfeiture under this section for a violation of this
chapter, the provisions of subsections (b), (c), (e), (f), (g), (i),
(k), (l), (m), (n), and (o) of section 413 of the Controlled Substances
Act apply as they would to a forfeiture under that section for a
violation of the Controlled Substances Act.
    ``(c) Disposition of Property.--After a seizure of property ordered
forfeited under this section, the Attorney General shall dispose of the
property under section 1349 of this title. The Postal Service shall
turn any such seized property over to the Attorney General for disposal
under such section.
    ``(d) Substitute Assets.--If any of the property subject to
forfeiture under this section, as a result of conduct of the
defendant--
            ``(1) cannot be located upon the exercise of due diligence;
            ``(2) has been transferred or sold to, or deposited with, a
        third party;
            ``(3) has been placed beyond the jurisdiction of the court;
            ``(4) has been substantially diminished in value; or
            ``(5) has been commingled with other property which cannot
        be divided without difficulty;
the court shall order the forfeiture of any other property of the
defendant up to the value of any property described in paragraphs (1)
through (5) of this subsection.
``Sec. 1348. Civil forfeiture for violation of section 1341 or 1343
    ``(a) Property Subject to Civil Forfeiture.--Any property, as
defined by subsection (b) of section 413 of the Controlled Substances
Act, constituting or derived from any proceeds of a scheme in violation
of sections 1341 or 1343 of this title shall be subject to forfeiture
to the United States.
    ``(b) Seizure.--(1) Except as provided in paragraph (4), any
property subject to forfeiture to the United States under this section
may be seized by the Attorney General or the Postal Service upon
process issued pursuant to the Supplemental Rules for Certain Admiralty
and Maritime Claims by a district court of the United States having
jurisdiction over the property.
    ``(2) The Attorney General or the Postal Service may seize such
property without such process when--
            ``(A) the seizure is incident to a lawful arrest or search;
        or
            ``(B) such property has been the subject of a prior
        judgment in favor of the United States in a criminal injunction
        or forfeiture proceeding under section 1347 of this title.
    ``(3) The Government may seek the issuance of a warrant authorizing
the seizure of property subject to forfeiture under this section in the
same manner as provided for a search warrant under the Federal Rules of
Criminal Procedure.
    ``(4) No property shall be forfeited under this section to the
extent of the interest of an owner or lienholder by reason of any act
or omission established by that owner or lienholder to have been
committed without the knowledge of that owner or lienholder.
    ``(c) Procedural Matters.--(1) With respect to a forfeiture of
property under this section, the provisions of subsections (c), (d),
(h), and (j) of section 511 of the Controlled Substances Act apply as
they would to a forfeiture of property under that section, and the
Postal Service may also perform any of the functions the Attorney
General may perform under such subsections.
    ``(2) The filing of an indictment or information alleging a
violation of section 1341 or 1343 of this title which is also related
to a civil forfeiture proceeding under either section shall, upon
motion of the United States and for good cause shown, stay the civil
forfeiture proceeding.
    ``(d) Disposition of Property.--After a seizure of property ordered
forfeited under this section, the Attorney General or the Postal
Service shall dispose of the property under section 1349 of this title.
``Sec. 1349. Disposition of forfeited property
    ``(a) In General.--After making due provision for the rights of any
innocent persons, the Attorney General, after deducting the costs
incurred by the United States in conducting the seizure, forfeiture,
and identification of victims, shall deposit the property forfeited or
the proceeds from the sale of property forfeited under sections 1347 or
1348 of this title in the Department of Justice Assets Forfeiture Fund
established by section 524(c) of title 28. The Postal Service may
exercise the authority of the Attorney General in conducting
administrative forfeitures and shall deposit the property forfeited or
the proceeds of the property forfeited in the Postal Service Fund under
section 2003(b)(7) of title 39. Any property right or interest not
exercisable by, or transferable for value to, the United States shall
expire and shall not revert to the defendant. Neither the defendant nor
any person acting in concert with the defendant or on the defendant's
behalf is eligible to purchase forfeited property sold by the United
States.
    ``(b) Restraint Pending Appeal.--Upon application of a person other
than the defendant or a person acting in concert with the defendant or
on the defendant's behalf, the court may restrain or stay the sale or
disposition of the property pending the conclusion of any appeal in the
case giving rise to the forfeiture, if the applicant demonstrates that
proceeding with the sale or disposition will result in irreparable harm
to the applicant.
    ``(c) Rules for Disposition.--The Attorney General and the Postal
Service shall make rules providing for the disposition of such property
and proceeds. The rules shall provide that the Attorney General or the
Postal Service may--
            ``(1) retain the property for official use;
            ``(2) transfer the property to Federal, State, or local law
        enforcement agencies so as to reflect generally the
        contribution of such agencies to the seizure or forfeiture of
        such property;
            ``(3) sell any forfeited property which is not required to
        be destroyed by law and which is not harmful to the public;
            ``(4) require that the General Services Administration take
        custody of the property and dispose of it in accordance with
        law;
            ``(5) restore forfeited property to victims of an offense
        described in subsection (a);
            ``(6) destroy the property if it is harmful to the public
        or the expense of sale would exceed the amount realized from
        the sale; or
            ``(7) dispose of such funds or property as otherwise
        provided by law.''.
    (b) Clerical Amendment.--The table of sections for chapter 63 of
title 18, United States Code, is amended by adding at the end the
following new items:

``1347. Criminal forfeiture for violation of section 1341 or 1343.
``1348. Civil forfeiture for violation of section 1341 or 1343.
``1349. Disposition of forfeited property.''.

SEC. 2. POSTAL SERVICE FUND AMENDMENT.

    Section 2003(b)(7) of title 39, United States Code, is amended to
read as follows:
            ``(7) amounts (including proceeds from the sale of
        forfeited items) from any forfeiture conducted by the Postal
        Service and from any forfeiture resulting from an investigation
        conducted by the Postal Service, except that nothing in this
        paragraph shall preclude the Postal Service from sharing such
        amounts with any Federal or State agency whose efforts in
        investigating or litigating the forfeiture contributed to the
        receipt of such funds.''.

Summary: Amends the Federal criminal code to provide for criminal and civil forfeiture for mail and wire fraud. Makes specified procedures relating to forfeitures under the Controlled Substances Act applicable to forfeitures under this Act. Requires the court to order the forfeiture of any other property of the defendant up to the value of the property subject to forfeiture under this Act if, as a result of conduct of the defendant, the forfeited property cannot be located upon the exercise of due diligence or has been transferred or sold to, or deposited with, a third party, placed beyond the court's jurisdiction, substantially diminished in value, or commingled with other property which cannot be divided without difficulty. Directs that any such forfeited property be seized by the Attorney General or US Postal Service upon process issued pursuant to the Supplemental Rules for Certain Admiralty and Maritime Claims by a US district court having jurisdiction over the property, with exceptions for innocent owners or lienholders. Authorizes the Attorney General or Postal Service to seize such property without such process under specified circumstances. Directs the: (1) Attorney General, after providing for the rights of any innocent persons and deducting costs incurred by the United States in conducting the seizure, forfeiture, and identification of victims, to deposit the property forfeited or the proceeds from its sale in the Department of Justice Assets Forfeiture Fund. And (2) the Postal Service to deposit property forfeited or the proceeds into the Postal Service Fund. Sets forth provisions regarding: (1) restraint or staying of the sale or disposition of property pending appeal. And (2) rules for the disposition of such property and proceeds. Requires the deposit into the Postal Service Fund of amounts from any forfeiture conducted by the Postal Service and from any forfeiture resulting from an investigation conducted by the Postal Service. Allows the Postal Service to share such amounts with any Federal or State agency whose efforts in investigating or litigating the forfeiture contributed to the receipt of such funds.

To amend title 18, United States Code, to provide for criminal and civil penalties for mail and wire fraud, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arapaho-Roosevelt National Forests
Land Exchange Act of 2007''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Map.--The term ``map'' means the map entitled ``Eclipse
        Snow Park Proposed Land Trade Parcels, Figure 1'' and dated
        September 28, 2007.
            (2) Grand creek, llc.--The term ``Grand Creek, LLC'' means
        Grand Creek, LLC, a Colorado limited liability company.
            (3) Federal land.--The term ``Federal land'' means certain
        National Forest System land comprising approximately 119.281
        acres, that adjoins land owned by Grand Creek, LLC, in Clear
        Creek County, Colorado, as depicted on the map.
            (4) Non-federal land.--The term ``non-Federal land'' means
        certain land comprising approximately 74.623 acres, owned by
        Grand Creek, LLC, as depicted on the map.
            (5) National forests.--The term ``National Forests'' means
        the Arapaho-Roosevelt National Forests in Colorado.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.

SEC. 3. LAND EXCHANGE, ARAPAHO-ROOSEVELT NATIONAL FORESTS, COLORADO.

    (a) Conveyances.--
            (1) Conveyance by grand creek, llc.--The land exchange
        directed by this section shall proceed if, within 30 days after
        the date of the enactment of this Act, Grand Creek, LLC, offers
        to convey title acceptable to the United States in and to the
        non-Federal land.
            (2) Conveyance by the united states.--After completion of
        appraisals under subsection (b) and upon receipt of acceptable
        title to the non-Federal land, the Secretary of Agriculture
        shall simultaneously convey to Grand Creek, LLC, all right,
        title, and interest of the United States in and to the Federal
        land.
    (b) Appraisals and Equal Value Exchange.--
            (1) Appraisals.--The values of the non-Federal land and the
        Federal land shall be determined by the Secretary through
        appraisals performed in accordance with the Uniform Appraisal
        Standards for Federal Land Acquisitions (December 20, 2000) and
        the Uniform Standards of Professional Appraisal Practice.
            (2) Surplus of non-federal value.--If the final appraised
        value, as approved by the Secretary, of the non-Federal lands
        exceeds the final appraised value, as approved by the
        Secretary, of the Federal land, the Secretary may equalize the
        values by--
                    (A) reducing the acreage of the non-Federal land to
                be conveyed, as determined appropriate and acceptable
                by the Secretary and Grand Creek, LLC;
                    (B) making a cash equalization payment to Grand
                Creek, LLC, including a cash equalization payment in
                excess of the amount authorized by section 206(b) of
                the Federal Land Policy and Management Act of 1976 (43
                U.S.C. 1716(b)); or
                    (C) a combination of an acreage reduction and a
                cash equalization payment.
            (3) Surplus of federal value.--If the value of the Federal
        land exceeds the value of the non-Federal land, the Secretary
        may accept a cash equalization payment from Grand Creek, LLC,
        in such amount as may be necessary to equalize the values of
        the land to be exchanged, including a cash equalization payment
        in excess of the amount authorized by section 206(b) of the
        Federal Land Policy and Management Act of 1976 (43 U.S.C.
        1716(b)).
    (c) Exchange Costs.--As a condition of the land exchange under this
section, and in order to expedite the land exchange and to save
administrative costs to the United States, the Secretary shall require
Grand Creek, LLC, to pay for any necessary land surveys of the non-
Federal land or Federal land to be exchanged and the appraisals under
subsection (b).
    (d) Recreational Access.--As a condition of the land exchange under
this section, the Secretary shall require Grand Creek, LLC, to enter
into an enforceable agreement with the Secretary, of a nature and form
satisfactory to the Secretary, to allow public use of land owned by
Grand Creek, LLC, as is necessary to provide unimpeded access to St.
Mary's Glacier along the route designated ``trail to glacier'' on the
map.

SEC. 4. BOUNDARY ADJUSTMENT AND MANAGEMENT OF LAND.

    (a) Boundary Adjustment.--Upon acquisition of the non-Federal land
and conveyance of the Federal land under section 3, the Secretary shall
adjust the boundary of the National Forests to reflect the land
exchange under section 3.
    (b) Management of Land.--The Secretary shall manage the non-Federal
land acquired under section 3 as part of the National Forests, in
accordance with laws and regulations applicable to the National
Forests.

Summary: Arapaho-Roosevelt National Forests Land Exchange Act of 2007 - Directs the Secretary of Agriculture, upon completion of an appraisal of the values of certain non-federal land owned by Grand Creek, LLC, and certain National Forest System land that adjoins land owned by Grand Creek in Clear Creek County, Colorado, and upon receipt of acceptable title to the non-federal land, to simultaneously convey such federal land to Grand Creek. Provides for Grand Creek, LLC, to enter into an enforceable agreement with the Secretary to allow public use of land owned by Grand Creek as is necessary to provide unimpeded access to St. Mary's Glacier.

To direct the Secretary of Agriculture to exchange certain lands in the Arapaho-Roosevelt National Forests in Colorado and to adjust the boundary of such National Forests.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Identity Protection Act'',
or the ``VIP Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to reimburse injured persons for injuries suffered as a
        result of the unauthorized use, disclosure, or dissemination of
        identifying information improperly released by or obtained from
        the Department of Veterans Affairs; and
            (2) to provide for the expeditious consideration and
        settlement of claims for those injuries.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of
        the Office of Veterans Identity Protection Claims.
            (2) Injured person.--The term ``injured person'' means an
        individual--
                    (A) whose name or other personal identifying
                information is part of data of the Department of
                Veterans Affairs that--
                            (i) was stolen from the home of an employee
                        of the Department of Veterans Affairs on or
                        around May 3, 2006;
                            (ii) was reported missing from the
                        Birmingham VA Medical Center on or around
                        January 22, 2007; or
                            (iii) is otherwise compromised as a result
                        of a security breach, including any action or
                        ommission by an officer, employee, volunteer,
                        or contractor (or employee of a contractor) of
                        the Department of Veterans Affairs in
                        contravention of any security policy or
                        procedure of the Department that results in
                        such a breach; and
                    (B) who suffered an injury as a result of the
                unauthorized use, disclosure, or dissemination of
                personal identifying information that was included in
                data described in subparagraph (A).
            (3) Office.--The term ``Office'' means the Office of
        Veterans Identity Protection Claims established under section
        4(a).

SEC. 4. OFFICE OF VETERANS IDENTITY PROTECTION CLAIMS.

    (a) Office Established.--There is established an independent office
of the executive branch to receive, process, and pay claims in
accordance with this Act. Such office shall be known as the Office of
Veterans Identity Protection Claims.
    (b) Director.--Not later than 30 days after the enactment of this
Act, the President shall appoint a director of the Office of Veterans
Identity Protection Claims. The Director shall, on behalf of the United
States, investigate, consider, ascertain, adjust, determine, grant,
deny, or settle any claim for money damages asserted under section
5(b).
    (c) Funding.--The Office--
            (1) shall be funded from funds made available to the
        Director under this Act;
            (2) may reimburse other Federal agencies for claims
        processing support and assistance;
            (3) may appoint and fix the compensation of such temporary
        personnel as may be necessary, without regard to the provisions
        of title 5, United States Code, governing appointments in
        competitive service; and
            (4) upon the request of the Director, may request that the
        head of any Federal department or agency detail, on a
        reimbursable basis, any of the personnel of that department or
        agency to the Office to assist it in carrying out its duties
        under this Act.

SEC. 5. REIMBURSEMENT FOR INJURIES SUFFERED.

    (a) Reimbursement.--Each injured person shall be entitled to
receive from the United States--
            (1) reimbursement for any injuries suffered by the injured
        person as a result of the unauthorized use, disclosure, or
        dissemination of personal identifying information that was
        included in the data described in section 3(2)(A); and
            (2) damages described in subsection (d)(3), as determined
        by the Director.
    (b) Submission of Claims.--Not later than 2 years after the date on
which regulations are first promulgated under subsection (f), an
injured person may submit to the Director a written claim for one or
more injuries suffered by the injured person in accordance with such
requirements as the Director determines to be appropriate.
    (c) Investigation of Claims.--
            (1) Applicability of state law.--Except as otherwise
        provided in this Act, the laws of the State in which the
        injured person resides shall apply to the calculation of
        damages under subsection (d)(3).
            (2) Extent of damages.--Any payment under this Act--
                    (A) shall be limited to actual compensatory damages
                measured by injuries suffered and interest before
                settlement or payment of a claim; and
                    (B) shall not include punitive damages.
    (d) Payment of Claims.--
            (1) Determination and payment of amount.--
                    (A) In general.--Not later than 180 days after the
                date on which a claim is submitted under this Act, the
                Director shall determine and fix the amount, if any, to
                be paid for the claim.
                    (B) Parameters of determination.--In determining
                and settling a claim under this Act, the Director shall
                determine only--
                            (i) whether the claimant is an injured
                        person;
                            (ii) whether the injury that is the subject
                        of the claim resulted from the unauthorized
                        use, disclosure, or dissemination of personal
                        identifying information that was included in
                        the data described in section 3(2)(A);
                            (iii) the amount, if any, to be allowed and
                        paid to the injured person under this Act.
                    (C) Other payments or settlements.--In determining
                the amount of, and paying, a claim under this Act, to
                prevent recovery by a claimant in excess of actual
                compensatory damages, the Director shall reduce the
                amount to be paid for the claim by an amount that is
                equal to the total of any payments or settlements of
                any nature that were paid, or will be paid, to the
                injured person with respect to the claim.
            (2) Partial payment.--
                    (A) In general.--At the request of a claimant, the
                Director may make one or more advance or partial
                payments before the final settlement of a claim,
                including final settlement on any portion or aspect of
                a claim that is determined to be severable.
                    (B) Judicial decision.--If a claimant receives a
                partial payment on a claim under this Act, but further
                payment on the claim is subsequently denied by the
                Director, the claimant may--
                            (i) seek judicial review under subsection
                        (i); and
                            (ii) keep any partial payment that the
                        claimant received, unless the Director
                        determines that the claimant--
                                    (I) was not eligible to receive the
                                reimbursement; or
                                    (II) fraudulently procured the
                                reimbursement.
            (3) Allowable damages.--A claim that is paid under this Act
        may include otherwise uncompensated damages for loss of
        property, business loss, or financial loss resulting from the
        unauthorized use, disclosure, or dissemination of personal
        identifying information that was included in the data described
        in section 3(2)(A).
    (e) Acceptance of Award.--The acceptance by a claimant of any
payment under this Act, except an advance or partial payment made under
subsection (d)(2), shall--
            (1) be final and conclusive on the claimant, with respect
        to all claims arising out of or relating to the same subject
        matter;
            (2) constitute a complete release of all claims against the
        United States (including any agency or employee of the United
        States) under chapter 171 of title 28, United States Code
        (commonly known as the ``Federal Tort Claims Act''), or any
        other Federal or State law, arising out of or relating to the
        same subject matter; and
            (3) shall include a certification by the claimant, made
        under penalty of perjury and subject to the provisions of
        section 1001 of title 18, United States Code, that such claim
        is true and correct.
    (f) Regulations and Public Information.--
            (1) Regulations.--Notwithstanding any other provision of
        law, not later than 45 days after the date of the enactment of
        this Act, the Director shall promulgate and publish in the
        Federal Register interim final regulations for the processing
        and payment of claims under this Act.
            (2) Public information.--
                    (A) In general.--At the time at which the Director
                promulgates regulations under paragraph (1), the
                Director shall publish, in newspapers of general
                circulation in the each of the several States and the
                District of Columbia, a clear, concise, and easily
                understandable explanation, in English and Spanish,
                of--
                            (i) the rights conferred under this Act;
                        and
                            (ii) the procedural and other requirements
                        of the regulations promulgated under paragraph
                        (1).
                    (B) Dissemination through other media.--The
                Director shall disseminate the explanation published
                under subparagraph (A) through brochures, pamphlets,
                radio, television, and other media that the Director
                determines are likely to reach prospective claimants.
    (g) Consultation.--In administering this Act, the Director shall
consult with the Attorney General, the Secretary of Veterans Affairs,
the Secretary of the Defense, the Secretary of Commerce, other Federal
agencies, and State and local authorities, as determined to be
necessary by the Director to--
            (1) ensure the efficient administration of the claims
        process; and
            (2) provide for local concerns.
    (h) Election of Remedy.--
            (1) In general.--An injured person may elect to seek
        reimbursement from the United States for one or more injuries
        resulting from the unauthorized use, disclosure, or
        dissemination of personal identifying information that was
        included in the data described in section 3(2)(A) by--
                    (A) submitting a claim under this Act;
                    (B) filing a claim or bringing a civil action under
                chapter 171 of title 28, United States Code; or
                    (C) bringing an authorized civil action under any
                other provision of law.
            (2) Effect of election.--An election by an injured person
        to seek reimbursement in any manner described in paragraph (1)
        shall be final and conclusive on the claimant with respect to
        all injuries resulting from the unauthorized use, disclosure,
        or dissemination of personal identifying information that was
        included in the data described in section 3(2)(A) that are
        suffered by the claimant.
            (3) Arbitration.--
                    (A) In general.--Not later than 45 days after the
                date of the enactment of this Act, the Director shall
                establish by regulation procedures under which a
                dispute regarding a claim submitted under this Act may
                be settled by arbitration.
                    (B) Arbitration as remedy.--On establishment of
                arbitration procedures under subparagraph (A), an
                injured person that submits a disputed claim under this
                Act may elect to settle the claim through arbitration.
                    (C) Binding effect.--An election by an injured
                person to settle a claim through arbitration under this
                paragraph shall--
                            (i) be binding; and
                            (ii) preclude any exercise by the injured
                        person of the right to judicial review of a
                        claim described in subsection (i).
            (4) No effect on entitlements.--Nothing in this Act affects
        any right of a claimant to file a claim for benefits under any
        Federal entitlement program.
    (i) Judicial Review.--
            (1) In general.--Any claimant aggrieved by a final decision
        of the Director under this Act may, not later than 60 days
        after the date on which the decision is issued, bring a civil
        action in the an appropriate United States District Court, to
        modify or set aside the decision, in whole or in part.
            (2) Record.--The court shall hear a civil action under
        paragraph (1) on the record made before the Director.
            (3) Standard.--The decision of the Director incorporating
        the findings of the Director shall be upheld if the decision is
        supported by substantial evidence on the record considered as a
        whole.
    (j) Attorney's and Agent's Fees.--
            (1) In general.--No attorney or agent, acting alone or in
        combination with any other attorney or agent, shall charge,
        demand, receive, or collect, for services rendered in
        connection with a claim submitted under this Act, fees in
        excess of 10 percent of the amount of any payment on the claim.
            (2) Violation.--An attorney or agent who violates paragraph
        (1) shall be fined not more than $10,000.
    (k) Applicability of Debt Collection Requirements.--Section 3716 of
title 31, United States Code, shall not apply to any payment under this
Act.

SEC. 6. REPORT; AUDIT.

    (a) Not later than 180 days after the date of promulgation of
regulations under section 5(f)(1), and semiannually thereafter, the
Director shall submit to the Committees on Veterans Affairs, Energy and
Commerce, and Judiciary of the House of Representatives, and the
Committees on Veterans Affairs, Commerce, Science and Transportation,
and Judiciary of the Senate, a report that describes the claims
submitted under this Act during the six months preceding the date of
submission of the report, including, for each claim--
            (1) the amount claimed;
            (2) a brief description of the nature of the claim; and
            (3) the status or disposition of the claim, including the
        amount of any payment under this Act.
    (b) The Comptroller General shall conduct an annual audit on the
payment of all claims made under this Act, and shall report to the
committees described in subsection (a) on the results of this audit
beginning not later than the expiration of the 1-year period beginning
on the date of the enactment of this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Director such sums
as are necessary to carry out this Act, to remain available until
expended.

Summary: Veterans Identity Protection Act or VIP Act - Establishes as an independent office in the executive branch the Office of Veterans Identity Protection Claims, headed by a Director, to receive, process, and pay claims for injuries suffered as a result of the unauthorized use, disclosure, or dissemination of identifying information stolen from the Department of Veterans Affairs (VA) or otherwise compromised as a result of a security breach. Authorizes judicial review of claim determinations.

To establish the Office of Veterans Identity Protection Claims to reimburse injured persons for injuries suffered as a result of the unauthorized use, disclosure, or dissemination of identifying information stolen from the Department of Veterans Affairs, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assured Food Safety Act of 2007''.

SEC. 2. CERTIFICATE OF ASSURED SAFETY PROGRAM.

    (a) Program.--The Secretary of Agriculture and the Commissioner of
Food and Drugs shall jointly establish a program to require all food
items imported into the United States to bear a certificate of assured
safety issued by the government of the country from which the item is
imported. In conducting such program, the Secretary and the
Commissioner shall--
            (1) establish requirements for a food item to be issued a
        certificate of assured safety by the government of the country
        from which the food item is to be imported into the United
        States; and
            (2) prohibit a food item that does not bear a certificate
        of assured safety from being imported into the United States.
    (b) Exemptions.--The Secretary and the Commissioner may exempt from
the requirements of the program established under subsection (a) a food
item that is imported--
            (1) from a country that has not been the source of a
        contaminated food item resulting in a significant health or
        safety recall in the preceding 5 years, as determined by--
                    (A) in the case of meat and poultry food items, the
                Secretary; and
                    (B) in the case of all other food items, the
                Commissioner; or
            (2) in a de minimis volume, as determined by--
                    (A) in the case of meat and poultry food items, the
                Secretary; and
                    (B) in the case of all other food items, the
                Commissioner.
    (c) Failure To Provide Assured Level of Safety.--
            (1) Prohibition.--If a food item fails to provide the level
        of safety assured in the certificate required under this
        section for such item, the Secretary and the Commissioner shall
        prohibit the importation of any food item that is the same type
        of food, is produced by the same person, and is produced in the
        same country until the Secretary or the Commissioner, as
        appropriate--
                    (A) is given an opportunity to inspect the place of
                production of the food to determine whether appropriate
                corrections have been made; and
                    (B) determines that such country has taken
                sufficient steps to identify and correct the failure.
            (2) Heightened inspection.--For a period of 3 years after
        removing a prohibition against importation of a food item
        described in paragraph (1), the Secretary and the Commissioner
        shall require a heightened inspection of any such food item to
        provide reasonable assurance to consumers of their safety.

SEC. 3. REPORTS.

    (a) Food Items Subject to Recalls.--Not later than February 15 of
each year, the Secretary and the Commissioner shall jointly submit to
Congress a report containing--
            (1) the volume of imported food items subject to recalls;
        and
            (2) the volume of recoveries of such imported food items.
    (b) Sufficiency of Food Safety.--Not later than 3 years after the
date of the enactment of this Act, and every 3 years thereafter, the
Secretary and the Commissioner shall jointly conduct a study and submit
a report to the Congress on the sufficiency of food safety and improved
food safety technologies.
    (c) Amount of Food Inspection.--
            (1) Study.--The Secretary and the Commissioner shall
        jointly conduct a study on inspection of imported food to
        determine--
                    (A) the minimum amount of inspection necessary to
                assure consumers of a safe food supply; and
                    (B) the additional cost of allocating resources for
                inspecting imported food in order to achieve such
                minimum amount.
            (2) Report.--Not later than 1 year after the date of the
        enactment of this Act, the Secretary and the Commissioner shall
        submit to Congress a report containing the results of the study
        conducted under subsection (a).

SEC. 4. MINIMUM INSPECTIONS.

    Not later than 1 year after the date of the submission of the
report under section 3(c), the Secretary and the Commissioner shall
ensure that the amount of imported food inspected by the Secretary and
the Commissioner is not less than the amount determined necessary under
section 3(c) to assure consumers of a safe food supply.

SEC. 5. USER FEES REGARDING INSPECTIONS OF IMPORTED FOOD SAFETY.

    (a) In General.--
            (1) Assessment.--Beginning in fiscal year 2008, the
        Secretary and the Commissioner shall jointly assess and collect
        fees on food imported into the United States.
            (2) Purpose of fees.--The purpose of fees under paragraph
        (1) is to defray increases in the costs of the resources
        allocated for inspecting imported food in order to comply with
        section 4 over the costs of the resources allocated for
        inspecting imported food in fiscal year 2007 multiplied by the
        adjustment factor. Increases referred to in the preceding
        sentence include increases in such costs for an additional
        number of full-time equivalent positions in the Department of
        Agriculture and the Department of Health and Human Services to
        be engaged in carrying out such section.
            (3) Amount of fee; collection.--A fee under paragraph (1)
        shall be assessed on each line item of food, as defined by the
        Secretary and the Commissioner by regulation. The amount of the
        fee shall be based on the number of line items, and may not
        exceed $20 per line item, notwithstanding subsection (b). The
        liability for the fee constitutes a personal debt due to the
        United States, and such liability accrues on the date on which
        the food is imported into the United States. The Secretary and
        the Commissioner may coordinate with and seek the cooperation
        of other agencies of the Federal Government regarding the
        collection of such fees.
    (b) Total Fee Revenues.--The total fee revenues collected under
subsection (a) for a fiscal year shall be the amount appropriated under
subsection (f)(3).
    (c) Adjustments.--
            (1) Inflation adjustment.--With respect to the amount of
        total fee revenues referred to in subsection (b), the amount
        authorized in subsection (f)(3) for a fiscal year shall be
        adjusted by the Secretary and the Commissioner (and as adjusted
        shall be published in the Federal Register) to reflect the
        greater of--
                    (A) the total percentage change that occurred
                during the preceding fiscal year in the Consumer Price
                Index for all urban consumers (all items; U.S. city
                average); or
                    (B) the total percentage change for such fiscal
                year in basic pay under the General Schedule in
                accordance with section 5332 of title 5, United States
                Code, as adjusted by any locality-based comparability
                payment pursuant to section 5304 of such title for
                Federal employees stationed in the District of
                Columbia.
            (2) Annual fee adjustment.--Not later than 60 days after
        the end of each fiscal year beginning after fiscal year 2008,
        the Secretary and the Commissioner, subject to not exceeding
        the maximum fee amount specified in subsection (a)(3), shall
        adjust the amounts that otherwise would under subsection (a) be
        assessed as fees during the fiscal year in which the adjustment
        occurs so that the total revenues collected in such fees for
        such fiscal year equal the amount applicable pursuant to
        subsection (b) for the fiscal year.
    (d) Fee Waiver or Reduction.--The Secretary and the Commissioner
shall grant a waiver from or a reduction of a fee assessed under
subsection (a) where the Secretary and the Commissioner find that the
fee to be paid will exceed the anticipated present and future costs
incurred by the Secretary and the Commissioner in carrying out section
4 (which finding may be made by the Secretary and the Commissioner
using standard costs).
    (e) Assessment of Fees.--
            (1) Limitation.--Fees may not be assessed under subsection
        (a) for a fiscal year beginning after fiscal year 2008 unless
        the amount appropriated for salaries and expenses of the
        Department of Agriculture and the Food and Drug Administration
        for such fiscal year is equal to or greater than the amount
        appropriated for salaries and expenses of the Food and Drug
        Administration for fiscal year 2008 multiplied by the
        adjustment factor applicable to the fiscal year involved,
        except that in making determinations under this paragraph for
        the fiscal years involved there shall be excluded any amounts
        collected as fees for purposes of funding the inspection of
        food or other items being imported.
            (2) Authority.--If the Secretary and the Commissioner do
        not assess fees under subsection (a) during any portion of a
        fiscal year because of paragraph (1) and if at a later date in
        such fiscal year the Secretary and the Commissioner may assess
        such fees, the Secretary and the Commissioner may assess and
        collect such fees, without any modification in the rate of the
        fees, at any time in such fiscal year notwithstanding the
        provisions of subsection (a)(3) relating to the time at which
        fees are to be paid.
    (f) Crediting and Availability of Fees.--
            (1) In general.--Fees collected for a fiscal year pursuant
        to subsection (a) shall be credited to the appropriation
        accounts for salaries and expenses of the Department of
        Agriculture and the Food and Drug Administration and shall be
        available in accordance with appropriation Acts until expended
        without fiscal year limitation. Such sums as may be necessary
        may be transferred from the Department of Agriculture and the
        Food and Drug Administration salaries and expenses
        appropriation accounts without fiscal year limitation to such
        appropriation accounts for salaries and expenses with such
        fiscal year limitation. The sums transferred shall be available
        solely for carrying out section 4.
            (2) Collections and appropriation acts.--The fees
        authorized in subsection (a)--
                    (A) shall be collected in each fiscal year in
                accordance with subsections (a)(3) and (b); and
                    (B) shall only be collected and available for the
                purpose specified in subsection (a)(2).
            (3) Authorization of appropriations; allocations by
        secretary and commissioner.--Subject to paragraph (4), there is
        authorized to be appropriated the amount determined by the
        Secretary and the Commissioner under section 3(c) to be
        necessary to comply with section 4 for each of the fiscal years
        2008 through 2012.
            (4) Offset.--Any amount of fees collected for a fiscal year
        under subsection (a) that exceeds the amount of fees specified
        in appropriation Acts for such fiscal year shall be credited to
        the appropriation accounts of the Department of Agriculture and
        the Food and Drug Administration as provided in paragraph (1),
        and shall be subtracted from the amount of fees that would
        otherwise be authorized to be collected under this section
        pursuant to appropriation Acts for a subsequent fiscal year.
    (g) Collection of Unpaid Fees.--In any case where the Secretary and
the Commissioner do not receive payment of a fee assessed under
subsection (a) within 30 days after it is due, such fee shall be
treated as a claim of the United States Government subject to
subchapter II of chapter 37 of title 31, United States Code.
    (h) Construction.--This section may not be construed as requiring
that the number of full-time equivalent positions in the Department of
Agriculture or the Department of Health and Human Services, for
officers, employees, and advisory committees not engaged in inspecting
imported food be reduced to offset the number of officers, employees,
and advisory committees so engaged.
    (i) Definition of Adjustment Factor.--For purposes of this section,
the term ``adjustment factor'' applicable to a fiscal year is the
Consumer Price Index for all urban consumers (all items; United States
city average) for April of the preceding fiscal year divided by such
Index for April 2007.''.

SEC. 6. PRIVATE CAUSE OF ACTION.

    (a) In General.--Any person aggrieved by the failure of any food
item to meet the level of safety assured in the certificate required
for that food item under section 2(a) may bring a civil action in a
United States district court against the person who imported the food
item.
    (b) Damages.--In an action brought pursuant to subsection (a), the
court may award actual damages, equitable relief, and any litigation
costs reasonably incurred.

SEC. 7. CRIMINAL PENALTIES.

    If any person imports a food item into the United States knowing
that such food item does not comply with the assurance of safety for
such food item in the certificate required for that food item under
section 2(a), such person is deemed to be in violation of section 1001
of title 18, United States Code (relating to fraudulent and false
statements in any matter within the Government).

SEC. 8. DEFINITIONS.

    In this Act:
            (1) The term ``Commissioner'' means the Commissioner of
        Food and Drugs.
            (2) The term ``Secretary'' means the Secretary of
        Agriculture.

Summary: Assured Food Safety Act of 2007 - Directs the Secretary of Agriculture and the Commissioner of Food and Drugs to jointly establish a program to require all food items imported into the United States to bear a certificate of assured safety issued by the government of the country from which the item is imported. Directs the Secretary and the Commissioner to: (1) establish certificate requirements. And (2) prohibit a food item that does not bear such certificate from being imported into the United States. Authorizes specified exemptions. Directs the Secretary and the Commissioner, upon a food item's failure to provide the assured safety level, to prohibit the importation of any similar food item produced by the same person in the same country until the Secretary or the Commissioner inspects the production place and determines that sufficient corrective steps have been taken. Requires: (1) heightened inspections for three years following the removal of a food item's import prohibition. And (2) inspection-related user fees on foods imported into the United States. Authorizes fee waiver or reduction. Provides: (1) a private right of action against an importer. And (2) criminal penalties against an importer who knowingly imports a non-complying food item.

To require the Secretary of Agriculture and the Commissioner of Food and Drugs to establish a program requiring a certificate of assured safety for imported food items.