TITLE I--NTSB AMENDMENTS

SEC. 101. SHORT TITLE.

    This title may be cited as the ``National Transportation Safety
Board Amendments of 1996''.

SEC. 102. FOREIGN INVESTIGATIONS.

    Section 1114 of title 49, United States Code, is amended--
        (1) by striking ``(b) and (c)'' in subsection (a) and inserting
    ``(b), (c), and (e)''; and
        (2) by adding at the end the following:
    ``(e) Foreign Investigations.--
        ``(1) In general.--Notwithstanding any other provision of law,
    neither the Board, nor any agency receiving information from the
    Board, shall disclose records or information relating to its
    participation in foreign aircraft accident investigations; except
    that--
            ``(A) the Board shall release records pertaining to such an
        investigation when the country conducting the investigation
        issues its final report or 2 years following the date of the
        accident, whichever occurs first; and
            ``(B) the Board may disclose records and information when
        authorized to do so by the country conducting the
        investigation.
        ``(2) Safety recommendations.--Nothing in this subsection shall
    restrict the Board at any time from referring to foreign accident
    investigation information in making safety recommendations.''.

SEC. 103. PROTECTION OF VOLUNTARY SUBMISSION OF INFORMATION.

    Section 1114(b) of title 49, United States Code, is amended by
adding at the end the following:
        ``(3) Protection of Voluntary Submission of Information.--
    Notwithstanding any other provision of law, neither the Board, nor
    any agency receiving information from the Board, shall disclose
    voluntarily provided safety-related information if that information
    is not related to the exercise of the Board's accident or incident
    investigation authority under this chapter and if the Board finds
    that the disclosure of the information would inhibit the voluntary
    provision of that type of information.''.

SEC. 104. TRAINING.

    Section 1115 of title 49, United States Code, is amended by adding
at the end the following:
        ``(d) Training of board employees and others.--The Board may
    conduct training of its employees in those subjects necessary for
    the proper performance of accident investigation. The Board may
    also authorize attendance at courses given under this subsection by
    other government personnel, personnel of foreign governments, and
    personnel from industry or otherwise who have a requirement for
    accident investigation training. The Board may require non-Board
    personnel to reimburse some or all of the training costs, and
    amounts so reimbursed shall be credited to the appropriation of the
    `National Transportation Safety Board, Salaries and Expenses' as
    offsetting collections.''.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    Section 1118(a) of title 49, United States Code, is amended--
        (1) by striking ``and''; and
        (2) by inserting before the period at the end of the first
    sentence the following: ``, $42,400,00 for fiscal year 1997,
    $44,400,000 for fiscal year 1998, and $46,600,000 for fiscal year
    1999.''.

                  TITLE II--INTERMODAL TRANSPORTATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Intermodal Safe Container
Transportation Amendments Act of 1996''.

SEC. 202. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 49 of the United
States Code.

SEC. 203. DEFINITIONS.

    Section 5901 (relating to definitions) is amended--
        (1) by striking paragraph (1) and inserting the following:
        ``(1) except as otherwise provided in this chapter, the
    definitions in sections 10102 and 13102 of this title apply.'';
        (2) by redesignating paragraphs (6) and (7) as paragraphs (7)
    and (8), respectively; and
        (3) by inserting after paragraph (5) the following:
        ``(6) `gross cargo weight' means the weight of the cargo,
    packaging materials (including ice), pallets, and dunnage.''.

SEC. 204. NOTIFICATION AND CERTIFICATION.

    (a) Prior Notification.--Subsection (a) of section 5902 (relating
to prior notification) is amended--
        (1) by striking ``Before a person tenders to a first carrier
    for intermodal transportation a'' and inserting ``If the first
    carrier to which any'';
        (2) by striking ``10,000 pounds (including packing material and
    pallets), the person shall give the carrier a written'' and
    inserting ``29,000 pounds is tendered for intermodal transportation
    is a motor carrier, the person tendering the container or trailer
    shall give the motor carrier a'';
        (3) by striking ``trailer.'' and inserting ``trailer before the
    tendering of the container or trailer.'';
        (4) by striking ``electronically.'' and inserting
    ``electronically or by telephone.''; and
        (5) by adding at the end thereof the following: ``This
    subsection applies to any person within the United States who
    tenders a container or trailer subject to this chapter for
    intermodal transportation if the first carrier is a motor
    carrier.''.
    (b) Certification.--Subsection (b) of section 5902 (relating to
certification) is amended to read as follows:
    ``(b) Certification.--
        ``(1) In general.--A person who tenders a loaded container or
    trailer with an actual gross cargo weight of more than 29,000
    pounds to a first carrier for intermodal transportation shall
    provide a certification of the contents of the container or trailer
    in writing, or electronically, before or when the container or
    trailer is so tendered.
        ``(2) Contents of certification.--The certification required by
    paragraph (1) shall include--
            ``(A) the actual gross cargo weight;
            ``(B) a reasonable description of the contents of the
        container or trailer;
            ``(C) the identity of the certifying party;
            ``(D) the container or trailer number; and
            ``(E) the date of certification or transfer of data to
        another document, as provided for in paragraph (3).
        ``(3) Transfer of certification data.--A carrier who receives a
    certification may transfer the information contained in the
    certification to another document or to electronic format for
    forwarding to a subsequent carrier. The person transferring the
    information shall state on the forwarded document the date on which
    the data was transferred and the identity of the party who
    performed the transfer.
        ``(4) Shipping documents.--For purposes of this chapter, a
    shipping document, prepared by the person who tenders a container
    or trailer to a first carrier, that contains the information
    required by paragraph (2) meets the requirements of paragraph (1).
        ``(5) Use of `freight all kinds' term.--The term `Freight All
    Kinds' or `FAK' may not be used for the purpose of certification
    under section 5902(b) after December 31, 2000, as a commodity
    description for a trailer or container if the weight of any
    commodity in the trailer or container equals or exceeds 20 percent
    of the total weight of the contents of the trailer or container.
    This subsection does not prohibit the use of the term after that
    date for rating purposes.
        ``(6) Separate document marking.--If a separate document is
    used to meet the requirements of paragraph (1), it shall be
    conspicuously marked `INTERMODAL CERTIFICATION'.
        ``(7) Applicability.--This subsection applies to any person,
    domestic or foreign, who first tenders a container or trailer
    subject to this chapter for intermodal transportation within the
    United States.''.
    (c) Forwarding Certifications.--Subsection (c) of section 5902
(relating to forwarding certifications to subsequent carriers) is
amended--
        (1) by striking ``transportation.'' and inserting
    ``transportation before or when the loaded intermodal container or
    trailer is tendered to the subsequent carrier. If no certification
    is received by the subsequent carrier before or when the container
    or trailer is tendered to it, the subsequent carrier may presume
    that no certification is required.''; and
        (2) by adding at the end thereof the following: ``If a person
    inaccurately transfers the information on the certification, or
    fails to forward the certification to a subsequent carrier, then
    that person is liable to any person who incurs any bond, fine,
    penalty, cost (including storage), or interest for any such fine,
    penalty, cost (including storage), or interest incurred as a result
    of the inaccurate transfer of information or failure to forward the
    certification. A subsequent carrier who incurs a bond, fine,
    penalty, or cost (including storage), or interest as a result of
    the inaccurate transfer of the information, or the failure to
    forward the certification, shall have a lien against the contents
    of the container or trailer under section 5905 in the amount of the
    bond, fine, penalty, or cost (including storage), or interest and
    all court costs and legal fees incurred by the carrier as a result
    of such inaccurate transfer or failure.''.
    (d) Liability.--Section 5902 is amended by redesignating subsection
(d) as subsection (e) and by inserting after subsection (c) the
following:
    ``(d) Liability to Owner or Beneficial Owner.--If--
        ``(1) a person inaccurately transfers information on a
    certification required by subsection (b)(1), or fails to forward a
    certification to the subsequent carrier;
        ``(2) as a result of the inaccurate transfer of such
    information or a failure to forward a certification, the subsequent
    carrier incurs a bond, fine, penalty, or cost (including storage),
    or interest; and
        ``(3) that subsequent carrier exercises its rights to a lien
    under section 5905,
then that person is liable to the owner or beneficial owner, or to any
other person paying the amount of the lien to the subsequent carrier,
for the amount of the lien and all costs related to the imposition of
the lien, including court costs and legal fees incurred in connection
with it.''.
    (e) Nonapplication.--Subsection (e) of section 5902, as
redesignated, is amended--
        (1) by redesignating paragraphs (1) and (2) as paragraphs (2)
    and (3), respectively, and by moving the text of paragraph (2), as
    so redesignated down 1 line and to the left, flush full measure and
    indenting such paragraph; and
        (2) by inserting before paragraph (2), as redesignated, the
    following:
        ``(1) The notification and certification requirements of
    subsections (a) and (b) of this section do not apply to any
    intermodal container or trailer containing consolidated shipments
    loaded by a motor carrier if that motor carrier--
            ``(A) performs the highway portion of the intermodal
        movement; or
            ``(B) assumes the responsibility for any weight-related
        fine or penalty incurred by any other motor carrier that
        performs a part of the highway transportation.''.

SEC. 205. PROHIBITIONS.

    Section 5903 (relating to prohibitions) is amended--
        (1) by inserting after ``person'' in subsection (a) a comma and
    the following: ``To whom section 5902(b) applies,'';
        (2) by striking subsection (b) and inserting the following:
    ``(b) Transporting Prior to Receiving Certification.--
        ``(1) Presumption.--If no certification is received by a motor
    carrier before or when a loaded intermodal container or trailer is
    tendered to it, the motor carrier may presume that the gross cargo
    weight of the container or trailer is less than 29,001 pounds.
        ``(2) Copy of certification not required to accompany container
    or trailer.--Notwithstanding any other provision of this chapter to
    the contrary, a copy of the certification required by section
    5902(b) is not required to accompany the intermodal container or
    trailer.'';
        (3) by striking ``10,000 pounds (including packing materials
    and pallets)'' in subsection (c)(1) and inserting ``29,000
    pounds''; and
        (4) by adding at the end the following:
    ``(d) Notice to Leased Operators.--
        ``(1) In general.--If a motor carrier knows that the gross
    cargo weight of an intermodal container or trailer subject to the
    certification requirements of section 5902(b) would result in a
    violation of applicable State gross vehicle weight laws, then--
            ``(A) the motor carrier shall give notice to the operator
        of a vehicle which is leased by the vehicle operator to a motor
        carrier that transports an intermodal container or trailer of
        the gross cargo weight of the container or trailer as certified
        to the motor carrier under section 5902(b);
            ``(B) the notice shall be provided to the operator prior to
        the operator being tendered the container or trailer;
            ``(C) the notice required by this subsection shall be in
        writing, but may be transmitted electronically; and
            ``(D) the motor carrier shall bear the burden of proof to
        establish that it tendered the required notice to the operator.
        ``(2) Reimbursement.--If the operator of a leased vehicle
    transporting a container or trailer subject to this chapter is
    fined because of a violation of a State's gross vehicle weight laws
    or regulations and the lessee motor carrier cannot establish that
    it tendered to the operator the notice required by paragraph (1) of
    this subsection, then the operator shall be entitled to
    reimbursement from the motor carrier in the amount of any fine and
    court costs resulting from the failure of the motor carrier to
    tender the notice to the operator.''.

SEC. 206. LIENS.

    Section 5905 (relating to liens) is amended--
        (1) by striking subsection (a) and inserting the following:
    ``(a) General.--If a person involved in the intermodal
transportation of a loaded container or trailer for which a
certification is required by section 5902(b) of this title is required,
because of a violation of a State's gross vehicle weight laws or
regulations, to post a bond or pay a fine, penalty, cost (including
storage), or interest resulting from--
        ``(1) erroneous information provided by the certifying party in
    the certification to the first carrier in violation of section
    5903(a) of this title;
        ``(2) the failure of the party required to provide the
    certification to the first carrier to provide it;
        ``(3) the failure of a person required under section 5902(c) to
    forward the certification to forward it; or
        ``(4) an error occurring in the transfer of information on the
    certification to another document under section 5902(b)(3) or (c),
then the person posting the bond, or paying the fine, penalty, costs
(including storage), or interest has a lien against the contents equal
to the amount of the bond, fine, penalty, cost (including storage), or
interest incurred, until the person receives a payment of that amount
from the owner or beneficial owner of the contents, or from the person
responsible for making or forwarding the certification, or transferring
the information from the certification to another document.'';
        (2) by inserting a comma and ``or the owner or beneficial owner
    of the contents,'' after ``first carrier'' in subsection (b)(1);
    and
        (3) by striking ``cost, or interest.'' in subsection (b)(1) and
    inserting ``cost (including storage), or interest. The lien shall
    remain in effect until the lien holder has received payment for all
    costs and expenses described in subsection (a) of this section.''.

SEC. 207. PERISHABLE AGRICULTURAL COMMODITIES.

    Section 5906 (relating to perishable agricultural commodities) is
amended by striking ``Sections 5904(a)(2) and 5905 of this title do''
and inserting ``Section 5905 of this title does''.

SEC. 208. EFFECTIVE DATE.

    (a) In General.--Section 5907 (relating to regulations and
effective date) is amended to read as follows:

``Sec. 5907. Effective date

    ``This chapter shall take effect 180 days after the date of
enactment of the Intermodal Safe Container Transportation Amendments
Act of 1996.''.
    (b) Clerical Amendment.--The table of sections for chapter 59 is
amended by striking the item relating to section 5907 and inserting the
following:

``5907. Effective date.''.

SEC. 209. RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Chapter 59 is amended by adding at the end thereof
the following:

``Sec. 5908. Relationship to other laws

    ``Nothing in this chapter affects--
        ``(1) chapter 51 (relating to transportation of hazardous
    material) or the regulations promulgated under that chapter; or
        ``(2) any State highway weight or size law or regulation
    applicable to tractor-trailer combinations.''.
    (b) Clerical Amendment.--The table of sections for such chapter is
amended by adding at the end thereof the following:

``5908. Relationship to other laws.''.

                               Speaker of the House of Representatives.

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

Summary: TABLE OF CONTENTS: Title I: NTSB Amendments Title II: Intermodal Transportation Title I: NTSB Amendments - National Transportation Safety Board Amendments of 1996 - Amends Federal transportation law to prohibit the National Transportation Safety Board (NTSB) and any agency receiving information from it from disclosing: (1) records or information relating to its participation in foreign aircraft accident investigations, except in certain circumstances. Or (2) voluntarily provided safety-related information unrelated to the exercise of the NTSB's accident or incident investigation authority, if disclosure would inhibit the voluntary provision of that type of information. Authorizes the NTSB to conduct training of its employees in subjects necessary for the proper performance of accident investigations. Authorizes appropriations to the Board through FY 1999. Title II: Intermodal Transportation - Intermodal Safe Container Transportation Amendments Act of 1996 - Amends Federal transportation law to revise the prior notification requirements for intermodal freight transportation. Requires a person who tenders to a first carrier that is a motor carrier a container or trailer with a gross cargo weight of more than 29,000 pounds for intermodal transportation to give prior notification of the cargo weight and a reasonable description of its contents to the motor carrier. Allows such notification to be made by telephone, and allows the required certification of container or trailer contents to be electronic. Sets forth administrative and civil penalties for persons who inaccurately transfer certification information. Allows a motor carrier to presume that the gross cargo weight of a container or trailer is under 29,001 pounds if it receives no certification before or when a loaded intermodal container or trailer is tendered to it. Declares that a copy of a certification is not required to accompany the intermodal container or trailer. Requires a motor carrier that knows that the gross cargo weight of an intermodal container or trailer violates State vehicle weight laws to give notice to the operator of a leased vehicle that transports such items. Requires the motor carrier to reimburse the operator of the leased vehicle that is fined because of a violation of a State's gross vehicle weight laws. Adds to the circumstances giving certain persons a lien against the contents of the container or trailer as a result of a violation of a State's gross vehicle weight laws. Includes among such circumstances: (1) failure of the party required to provide certification of gross cargo weight to the first carrier to provide it. (2) failure of the party required to forward such certification to forward it. Or (3) error in the transfer of information on the certification to another document.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Iraq Strategic Agreement Review Act
of 2008''.

SEC. 2. DEFINITION.

    In this Act, the term ``long-term security, economic, or political
agreement with the Government of Iraq'' means any agreement or
commitment of more than one year, which is made by the President or any
officer, employee, or representative of the executive branch of the
Government of the United States with the Government of Iraq that
includes--
            (1) the basing of the Armed Forces of the United States
        within the territory of Iraq;
            (2) defending Iraq's system of government from internal and
        external threats;
            (3) providing security assurances and commitments to deter
        foreign aggression against Iraq;
            (4) the military training or equipping of the Iraqi
        Security Forces;
            (5) economic, monetary, material and technical commerce,
        and arrangements; or
            (6) diplomatic and political understandings.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) Under Article I of the Constitution of the United
        States, the Congress has the power to provide for the common
        defense, to regulate commerce with foreign nations, to raise,
        support, provide, and maintain the military, and to make rules
        for the Government and regulation of the military.
            (2) Under Article II of the Constitution of the United
        States, the President is the Commander in Chief of the military
        and has the power to receive Ambassadors and other public
        ministers.
            (3) Under Article II of the Constitution of the United
        States, the President has the right to make treaties by and
        with the advice and consent of two-thirds of the Senate.
            (4) The North Atlantic Treaty, which created the North
        Atlantic Treaty Organization (NATO), entered into force on
        August 24, 1949, after approval by the Senate with each
        protocol providing for the accession of an additional country
        approved by the Senate.
            (5) The Mutual Defense Treaty between the United States and
        South Korea, which established a long-term United States
        military presence on the Korean peninsula, entered into force
        on November 17, 1954, after approval by the Senate.
            (6) The Treaty of Mutual Cooperation and Security between
        the United States and Japan, which established a long-term
        United States military presence in Japan, entered into force on
        June 23, 1960, after approval by the Senate.
            (7) On June 1, 2007, Secretary of Defense Robert Gates
        discussed a ``long and enduring presence'' in Iraq of which the
        ``Korea model'' and the ``security relationship that we have
        with Japan'' are examples.
            (8) On November 26, 2007, President George W. Bush and
        Iraqi Prime Minister Nouri al-Maliki signed a ``Declaration of
        Principles for a Long-Term Relationship of Cooperation and
        Friendship Between the Republic of Iraq and the United States
        of America'', outlining the parameters for negotiation of a
        long-term relationship in the security, economic, political,
        diplomatic, and cultural spheres.
            (9) The Declaration of Principles include, ``supporting the
        Republic of Iraq in defending its democratic system against
        internal and external threats'', ``providing security
        assurances and commitments to the Republic of Iraq to deter
        foreign aggression against Iraq'', and ``supporting the
        Republic of Iraq in training, equipping, and arming the Iraqi
        Security Forces''.
            (10) On November 26, 2007, Assistant to the President and
        Deputy National Security Advisor for Iraq and Afghanistan,
        Lieutenant General Douglas E. Lute, stated that he does not
        ``anticipate now that these negotiations [under the Declaration
        of Principles] will lead to the status of a formal treaty which
        would then bring us to formal negotiations or formal inputs
        from the Congress''.
            (11) On November 26, 2007, Assistant to the President and
        Deputy National Security Advisor for Iraq and Afghanistan,
        Lieutenant General Douglas E. Lute, further stated that the
        ``target'' to conclude negotiations is July 2008.

SEC. 4. CONSULTATIONS WITH CONGRESS.

    (a) Consultations.--
            (1) In general.--Immediately upon the date of the enactment
        of this Act, the Secretary of State, the Secretary of Defense,
        and any other necessary officer, employee, or representative of
        the executive branch of the Government of the United States
        shall commence consultations with the congressional committees
        and leadership described in paragraph (2) on any potential
        long-term security, economic, or political agreement with the
        Government of Iraq.
            (2) Congressional committees and leadership described.--The
        congressional committees and leadership referred to in
        paragraph (1) are--
                    (A) the Committee on Foreign Relations and the
                Committee on Armed Services of the Senate and the
                Committee on Foreign Affairs and the Committee on Armed
                Services of the House of Representatives;
                    (B) the Speaker, majority leader, and minority
                leader of the House of Representatives and majority
                leader and minority leader of the Senate; and
                    (C) any other congressional committee, Senator, or
                Member of the House of Representatives that requests
                consultations under paragraph (1).
    (b) Framework.--Consultations required under subsection (a) shall
include full and complete transparency of all security, economic,
political, and other arrangements under consideration for the
agreement.
    (c) Timeframe.--Consultations required under subsection (a) shall
continue throughout the period of negotiations with the Government of
Iraq to conclude the agreement.

SEC. 5. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) full Iraqi sovereignty over its territories, waters,
        and airspace, and Iraqi control over its armed forces and
        administrative institutions is in the national interest of the
        United States; and
            (2) any long-term security, economic, or political
        agreement with the Government of Iraq that is not in the form
        of a treaty with respect to which the Senate has given its
        advice and consent to ratification under Article II of the
        Constitution of the United States does not have the force and
        effect of law.

SEC. 6. LIMITATION ON THE USE OF FUNDS.

    No funds made available by any Act of Congress shall be obligated
or expended for the implementation of any long-term security, economic,
or political agreement with the Government of Iraq unless the agreement
is in the form of a treaty with respect to which the Senate has given
its advice and consent to ratification under Article II of the
Constitution of the United States.

Summary: Iraq Strategic Agreement Review Act of 2008 - Directs the Secretary of State, the Secretary of Defense, and any other necessary representative of the executive branch of the US government to begin consultations with the appropriate congressional committees and leadership on any potential long-term security, economic, or political agreement (agreement) with the government of Iraq. Expresses the sense of the Congress that: (1) full Iraqi sovereignty is in the US national interest. And (2) any agreement that is not in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States does not have the force and effect of law. Prohibits obligating or expending funds for the implementation of any agreement with the government of Iraq unless the agreement is in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II.

To provide for congressional consultation with respect to any long-term security, economic, or political agreement with the Government of Iraq and to ensure that any such agreement is in the form of a treaty with respect to which the Senate has given its advice and consent to ratification under Article II of the Constitution of the United States.


SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Adult Education Instructor
Recruitment and Retention Act of 2002''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Adult literacy and remedial education teachers provide
        adults and out-of-school youths basic skills that equip them to
        solve problems and become active participants in our society,
        to hold a job, and to further their education.
            (2) Students in adult literacy and remedial education
        classes are made up of those who dropped out of school or have
        passed through the school system without an adequate education.
        It also includes students who want to take the General
        Educational Development examination and, increasingly,
        immigrants whose native language is not English.
            (3) In the year 1998, there were over 4,000,000 students
        enrolled in adult education programs throughout the United
        States.
            (4) Nearly one-fourth of the 4,000,000 students enrolled
        were unemployed. Another 24 percent were working poor. Welfare
        recipients comprised almost 10 percent of all students in 1998.
            (5) That same year, there were 177,943 adult education
        instructors. Nearly 23,000 of those were working full-time,
        with another 69,129 working part-time. The remaining 85,924
        teachers were volunteers.
            (6) Adult education has been shown to assist persons in
        achieving job skills and gain or advance in employment. For
        example, in 1998, over 150,000 adult education students went on
        to do other training; nearly 300,000 students retained,
        advanced, or gained employment.
            (7) As employers increasingly require a more literate
        workforce, workers' demand will grow for all types of literacy
        and remedial classes.
            (8) A softening economy may require more students to obtain
        additional education to get a job.
            (9) Adult education instructors often feel they are not as
        respected by education departments as their general education
        peers. Funding is generally inadequate, and resources are often
        old or nonexistent. Funding level changes can cause the number
        of teaching jobs to fluctuate from year to year.
            (10) Median hourly earnings of adult literacy and remedial
        education teachers and high school equivalency instructors were
        $16.12 in 2000. Yet, many adult education teachers have high
        student loans that they need to repay.

SEC. 3. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS.

    (a) Guaranteed Student Loans.--Part B of title IV of the Higher
Education Act of 1965 is amended by inserting after section 428K (20
U.S.C. 1078-11) the following new section:

``SEC. 428L. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS.

    ``(a) Purpose.--It is the purpose of this section--
            ``(1) to bring more highly trained individuals into the
        adult education profession; and
            ``(2) to keep more highly trained adult education
        instructors in the adult education field for longer periods of
        time.
    ``(b) Definitions.--In this section:
            ``(1) Adult education facility.--The term `adult education
        facility' means a facility that provides any of the following
        types of educational instruction for individuals 16 years old
        and older:
                    ``(A) Education for adults with limited English
                proficiency.
                    ``(B) Adult secondary education.
                    ``(C) Literacy education for older adults.
                    ``(D) Adult basic education programs for adults
                with disabilities.
            ``(2) Year.--The term `year', when applied to service as an
        adult education instructor means any period of 365 consecutive
        days.
            ``(3) Low-income family.--The term `low-income family'
        means a low-income family, as determined by the local
        educational agency for purposes of allocating funds to schools
        under section 1113(c)(1) of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 6313(c)(1)).
            ``(4) Low-income community.--An adult education facility is
        serving a low-income community if at least 70 percent of the
        students enrolled at the facility are from low-income families.
            ``(5) Full-time.--The term `full-time' means employment
        that includes at least 30 hours per week of adult education
        teaching.
    ``(c) 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 section 428 or 428H, in
accordance with subsection (d) of this section, for any borrower who--
            ``(1) has been employed as a full-time teacher for 3
        consecutive years in an adult education facility that serves a
        low-income community; and
            ``(2) is not in default on a loan for which the borrower
        seeks forgiveness.
    ``(d) Loan Repayment.--
            ``(1) In general.--The Secretary shall assume the
        obligation to repay a qualified loan amount for each year of
        employment described in subsection (c)(1) completed after the
        date of enactment of this section, but counting consecutive
        years before or after such date for purposes of determining the
        number of consecutive years. Such qualified loan amount shall
        be equal to--
                    ``(A) $500 for the third consecutive year of
                employment;
                    ``(B) $1,000 for the fourth consecutive year of
                such employment;
                    ``(C) $1,500 for the fifth consecutive year of such
                employment; and
                    ``(D) $2,000 for the sixth consecutive year of such
                employment.
            ``(2) No refunds.--Nothing in this section shall be
        construed to authorize the refunding of any repayment of a loan
        made under this part.
            ``(3) Interest.--If a portion of a loan is repaid by the
        Secretary under this section for any year, the proportionate
        amount of interest on such loan which accrues for such year
        shall be repaid by the Secretary.
            ``(4) Ineligibility of national service award recipients.--
        No student borrower may, for the same service, receive a
        benefit under both this section and subtitle D of title I of
        the National and Community Service Act of 1990 (42 U.S.C. 12601
        et seq.).
    ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of loans which are subject to repayment pursuant
to this section for such year.
    ``(f) Application for Repayment.--
            ``(1) In general.--Each eligible individual desiring loan
        repayment under this section shall submit a complete and
        accurate application to the Secretary at such time, in such
        manner, and containing such information as the Secretary may
        require.
            ``(2) Conditions.--An eligible individual may apply for
        loan repayment under this section after completing each year of
        qualifying employment. The borrower shall receive forbearance
        while engaged in qualifying employment unless the borrower is
        in deferment while so engaged.
    ``(g) Regulations.--The Secretary is authorized to prescribe such
regulations as may be necessary to carry out the provisions of this
section.
    ``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year
2003, and such sums as may be necessary for succeeding fiscal years.''.
    (b) Direct Loans.--Part D of title IV of the Higher Education Act
of 1965 is amended by inserting after section 460 (20 U.S.C. 1087j) the
following new section:

``SEC. 460A. LOAN FORGIVENESS FOR ADULT EDUCATION INSTRUCTORS.

    ``(a) Purpose.--It is the purpose of this section--
            ``(1) to bring more highly trained individuals into the
        adult education profession; and
            ``(2) to keep more highly trained adult education
        instructors in the adult education field for longer periods of
        time.
    ``(b) Definitions.--In this section:
            ``(1) Adult education facility.--The term `adult education
        facility' means a facility that provides any of the following
        types of educational instruction for individuals 16 years old
        and older:
                    ``(A) Education for adults with limited English
                proficiency.
                    ``(B) Adult secondary education.
                    ``(C) Literacy education for older adults.
                    ``(D) Adult basic education programs for adults
                with disabilities.
            ``(2) Year.--The term `year', when applied to service as an
        adult education instructor means any period of 365 consecutive
        days.
            ``(3) Low-income family.--The term `low-income family'
        means a low-income family, as determined by the local
        educational agency for purposes of allocating funds to schools
        under section 1113(c)(1) of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 6313(c)(1)).
            ``(4) Low-income community.--An adult education facility is
        serving a low-income community if at least 70 percent of the
        students enrolled at the facility are from low-income families.
            ``(5) Full-time.--The term `full-time' means employment
        that includes at least 30 hours per week of adult education
        teaching.
    ``(c) Program Authorized.--The Secretary shall carry out a program
of cancelling the obligation to repay a qualified loan amount for
Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford
Loans in accordance with subsection (d) of this section, for any
borrower who--
            ``(1) has been employed as a full-time teacher for 3
        consecutive years in an adult education facility that serves a
        low-income community; and
            ``(2) is not in default on a loan for which the borrower
        seeks forgiveness.
    ``(d) Loan Repayment.--
            ``(1) In general.--The Secretary shall cancel the
        obligation to repay a qualified loan amount for each year of
        employment described in subsection (c)(1) completed after the
        date of enactment of this section, but counting consecutive
        years before or after such date for purposes of determining the
        number of consecutive years. Such qualified loan amount shall
        be equal to--
                    ``(A) $500 for the third consecutive year of
                employment;
                    ``(B) $1,000 for the fourth consecutive year of
                such employment;
                    ``(C) $1,500 for the fifth consecutive year of such
                employment; and
                    ``(D) $2,000 for the sixth consecutive year of such
                employment.
            ``(2) No refunds.--Nothing in this section shall be
        construed to authorize the refunding of any repayment of a loan
        made under this part.
            ``(3) Interest.--If a portion of a loan is repaid by the
        Secretary under this section for any year, the proportionate
        amount of interest on such loan which accrues for such year
        shall be repaid by the Secretary.
            ``(4) Ineligibility of national service award recipients.--
        No student borrower may, for the same service, receive a
        benefit under both this section and subtitle D of title I of
        the National and Community Service Act of 1990 (42 U.S.C. 12601
        et seq.).
    ``(e) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of loans which are subject to repayment pursuant
to this section for such year.
    ``(f) Application for Repayment.--
            ``(1) In general.--Each eligible individual desiring loan
        repayment under this section shall submit a complete and
        accurate application to the Secretary at such time, in such
        manner, and containing such information as the Secretary may
        require.
            ``(2) Conditions.--An eligible individual may apply for
        loan repayment under this section after completing each year of
        qualifying employment. The borrower shall receive forbearance
        while engaged in qualifying employment unless the borrower is
        in deferment while so engaged.
    ``(g) Regulations.--The Secretary is authorized to prescribe such
regulations as may be necessary to carry out the provisions of this
section.
    ``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year
2003, and such sums as may be necessary for succeeding fiscal years.''.

Summary: Adult Education Instructor Recruitment and Retention Act of 2002 - Amends the Higher Education Act of 1965 to establish student loan forgiveness programs for adult education instructors.

To amend the Higher Education Act of 1965 to establish student loan forgiveness programs for adult education instructors.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Environmental Health
Protection Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) a growing body of scientific knowledge demonstrates
        that children may suffer disproportionately from environmental
        health risks and safety risks;
            (2) those risks arise because--
                    (A) the neurological, immunological, digestive, and
                other bodily systems of children are still developing;
                    (B) children eat more food, drink more fluids, and
                breathe more air in proportion to their body weight
                than adults;
                    (C) the size and weight of children may diminish
                their protection from standard safety features; and
                    (D) the behavior patterns of children may make
                children more susceptible to accidents because children
                are less able to protect themselves; and
            (3) each Federal agency, to the extent permitted by law and
        appropriate, and consistent with the mission of each Federal
        agency, should--
                    (A) place a high priority on the identification and
                assessment of environmental health and safety risks
                that may disproportionately affect children, including
                where children live, learn, and play;
                    (B) ensure that the policies, programs, activities,
                and standards of the Federal agency address
                disproportionate risks to children that result from
                environmental health or safety risks; and
                    (C) participate in the implementation of, and
                comply with, this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Director.--The term ``Director'' means the Director of
        the Office of Management and Budget.
            (3) Environmental health and safety risk.--
                    (A) In general.--The term ``environmental health
                and safety risk'' means an environmental risk to the
                health or safety of a child that is posed by or
                otherwise attributable to a substance--
                            (i) that the child is likely to ingest; or
                            (ii) to which the child may otherwise be
                        exposed.
                    (B) Inclusions.--The term ``environmental health
                and safety risk'' includes an environmental risk that
                is posed by or otherwise attributable to--
                            (i) air that is inhaled by, or that
                        otherwise comes into contact with, a child;
                            (ii) water used by a child for drinking or
                        recreation;
                            (iii) soil; and
                            (iv) chemicals and other substances with
                        which a child may come into contact.
            (4) Federal agency.--The term ``Federal agency'' means--
                    (A) any department, agency, or other
                instrumentality of the Federal Government;
                    (B) any independent agency or establishment of the
                Federal Government (including any Government
                corporation); and
                    (C) the Government Printing Office.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.
            (6) Task force.--The term ``Task Force'' means the Task
        Force to Address Environmental Health and Safety Risks to
        Children established by section 4(a).

SEC. 4. TASK FORCE TO ADDRESS ENVIRONMENTAL HEALTH AND SAFETY RISKS TO
              CHILDREN.

    (a) Establishment.--The Administrator, in consultation with the
Secretary, shall establish a task force to be known as the ``Task Force
to Address Environmental Health and Safety Risks to Children''.
    (b) Authority.--The Task Force shall report to the President, in
consultation with--
            (1) the Domestic Policy Council;
            (2) the National Science and Technology Council;
            (3) the Council on Environmental Quality; and
            (4) the Office of Management and Budget.
    (c) Membership.--The Task Force shall be composed of--
            (1) the Administrator of the Environmental Protection
        Agency, who shall serve as a Co-Chairperson of the Task Force;
            (2) the Secretary of Health and Human Services, who shall
        serve as Co-Chairperson of the Task Force;
            (3) the Secretary of Education;
            (4) the Secretary of Labor;
            (5) the Attorney General;
            (6) the Secretary of Energy;
            (7) the Secretary of Housing and Urban Development;
            (8) the Secretary of Agriculture;
            (9) the Secretary of Transportation;
            (10) the Secretary of Homeland Security;
            (11) the Director;
            (12) the Chairperson of the Council on Environmental
        Quality;
            (13) the Chairperson of the Consumer Product Safety
        Commission;
            (14) the Assistant to the President for Economic Policy;
            (15) the Assistant to the President for Domestic Policy;
            (16) the Assistant to the President for, and Director of
        the Office of, Science and Technology Policy;
            (17) the Chairperson of the Council of Economic Advisers;
        and
            (18) such other officials of Federal agencies as the
        Administrator and the Secretary may, from time to time,
        designate.
    (d) Delegation.--A member of the Task Force may delegate the
responsibilities of the member under this Act to 1 or more
subordinates.
    (e) Duties.--The Administrator, in consultation with the Secretary
as a co-chair of the Task Force, shall, after providing notice and an
opportunity for public participation and comment and, if determined to
be appropriate by the Administrator and the Secretary, using a
consensus-based approach--
            (1) recommend to the President Federal strategies to
        improve children's environmental health and safety, including--
                    (A) statements of principles, general policy, and
                targeted annual priorities to guide the Federal
                approach to complying with this Act;
                    (B) a coordinated research agenda for the Federal
                Government, including steps to implement the review of
                research databases described in paragraph (2)(A);
                    (C) recommendations for appropriate partnerships
                among the Federal Government, State, local, and tribal
                governments, and the private, academic, and nonprofit
                sectors;
                    (D) proposals to enhance public outreach and
                communication to assist families in evaluating risks to
                children (including where children live, learn, and
                play) and in making informed consumer choices;
                    (E) an identification of high-priority initiatives
                that the Federal Government has undertaken or will
                undertake in advancing the protection of children's
                environmental health and safety;
                    (F) a statement regarding the desirability of new
                legislation to advance the protection of children's
                environmental health and safety; and
                    (G) other proposals to enhance the health and
                safety protection of children by Federal and State
                governments and by communities and families;
            (2) not later than 180 days after the date of enactment of
        this Act, develop or direct to be developed--
                    (A) a review of existing and planned data
                resources; and
                    (B) a proposed plan, which shall be reviewed by the
                Administrator and the Secretary, and other Federal
                agencies as the Administrator and the Secretary
                consider appropriate, and which shall be made available
                for public comment for a period of not less than 30
                days--
                            (i) for use in ensuring that researchers
                        and Federal research agencies have access to
                        information on all research conducted or funded
                        by the Federal Government that relates to
                        adverse health risks in children resulting from
                        exposure to environmental health and safety
                        risks; and
                            (ii) that--
                                    (I) promotes the sharing of
                                information on academic and private
                                research; and
                                    (II) includes recommendations to
                                encourage that such data, to the extent
                                permitted by law, is available to the
                                public, the scientific and academic
                                communities, and all Federal agencies;
                                and
            (3) submit to Congress (including the Committee on
        Environment and Public Works of the Senate and the Committee on
        Energy and Commerce of the House of Representatives) and the
        President, make available to the public, and provide to the
        Office of Science and Technology Policy and the National
        Science and Technology Council for use in establishing research
        priorities, a biennial report on research, data, or other
        information that would enhance understanding and analysis of,
        and response to, environmental health and safety risks,
        including--
                    (A) a description provided by Federal agencies and
                other agencies identified by the Task Force of key data
                needs relating to environmental health and safety risks
                that have arisen in the course of carrying out projects
                and activities of the Federal agencies; and
                    (B) a description of the accomplishments of the
                Task Force.

SEC. 5. ADMINISTRATION.

    (a) In General.--This Act applies only to the Executive branch.
    (b) Effect of Act.--This Act does not create or establish any
substantive or procedural right, benefit, or trust responsibility,
enforceable at law or equity, by a party against the United States
(including any agency, officer, or employee of the United States).
    (c) Judicial Review.--This Act does not create or establish any
right to judicial review involving the compliance or noncompliance with
this Act by--
            (1) the United States (including any agency, officer, or
        employee of the United States); or
            (2) any other person.

Summary: Children's Environmental Health Protection Act - Directs the Administrator of the Environmental Protection Agency (EPA) to establish the Task Force to Address Environmental Health and Safety Risks to Children to: (1) recommend to the President federal strategies to improve children's environmental health and safety. (2) develop a review of existing and planned data resources and a proposed plan for use in ensuring that researchers and federal research agencies have access to information on federal research that relates to adverse health risk in children resulting from exposure to environmental health and safety risks. And (3) submit a biennial report on research, data, or other information that would enhance understanding and analysis of, and response to, environmental health and safety risks.

A bill to provide for the establishment of a task force to address the environmental health and safety risks posed to children.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dangerous Explosives Background
Checks Requirement Act''.

SEC. 2. PERMITS AND BACKGROUND CHECKS FOR PURCHASES OF EXPLOSIVES.

    (a) Permits for Purchase of Explosives in General.--
            (1) In general.--Section 842 of title 18, United States
        Code, is amended--
                    (A) in subsection (a)(3), by striking subparagraphs
                (A) and (B) and inserting the following:
                    ``(A) to transport, cause to be transported, ship,
                or receive any explosive materials; or
                    ``(B) to distribute explosive materials to any
                person other than a licensee or permittee.''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by adding ``or'' at
                        the end;
                            (ii) in paragraph (2), by striking ``; or''
                        and inserting a period; and
                            (iii) by striking paragraph (3).
            (2) Regulations.--
                    (A) In general.--Not later than 180 days after the
                date of enactment of this Act, the Secretary of the
                Treasury shall promulgate final regulations with
                respect to the amendments made by paragraph (1).
                    (B) Notice to states.--On the promulgation of final
                regulations under subparagraph (A), the Secretary of
                the Treasury shall notify the States of the regulations
                in order that the States may consider legislation to
                amend relevant State laws relating to explosives.
    (b) Background Checks.--Section 842 of title 18, United States
Code, is amended by adding at the end the following:
    ``(q) Background Checks.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Chief law enforcement officer.--The term
                `chief law enforcement officer' means the chief of
                police, the sheriff, or an equivalent officer or the
                designee of such an individual.
                    ``(B) System.--The term `system' means the national
                instant criminal background check system established
                under section 103 of the Brady Handgun Violence
                Prevention Act (18 U.S.C. 922 note).
            ``(2) Prohibition.--A licensed importer, licensed
        manufacturer, or licensed dealer shall not transfer explosive
        materials to a permitee unless--
                    ``(A) before the completion of the transfer, the
                licensee contacts the system;
                    ``(B)(i) the system provides the licensee with a
                unique identification number; or
                    ``(ii) 5 days on which State offices are open have
                elapsed since the licensee contacted the system, and
                the system has not notified the licensee that the
                receipt of explosive materials by the transferee would
                violate subsection (i);
                    ``(C) the transferor has verified the identity of
                the transferee by examining a valid identification
                document (as defined in section 1028(d)) of the
                transferee containing a photograph of the transferee;
                and
                    ``(D) the transferor has examined the permit issued
                to the transferee under section 843 and recorded the
                permit number on the record of the transfer.
            ``(3) Identification number.--If receipt of explosive
        materials would not violate section 842(i) or State law, the
        system shall--
                    ``(A) assign a unique identification number to the
                transfer; and
                    ``(B) provide the licensee with the number.
            ``(4) Exceptions.--Paragraph (2) shall not apply to a
        transfer of explosive materials between a licensee and another
        person if, on application of the transferor, the Secretary has
        certified that compliance with paragraph (2)(A) is
        impracticable because--
                    ``(A) the ratio of the number of law enforcement
                officers of the State in which the transfer is to occur
                to the number of square miles of land area of the State
                does not exceed 0.0025;
                    ``(B) the business premises of the licensee at
                which the transfer is to occur are extremely remote in
                relation to the chief law enforcement officer; and
                    ``(C) there is an absence of telecommunications
                facilities in the geographical area in which the
                business premises are located.
            ``(5) Inclusion of identification number.--If the system
        notifies the licensee that the information available to the
        system does not demonstrate that the receipt of explosive
        materials by the transferee would violate subsection (i) or
        State law, and the licensee transfers explosive materials to
        the transferee, the licensee shall include in the record of the
        transfer the unique identification number provided by the
        system with respect to the transfer.
            ``(6) Penalties.--If the licensee knowingly transfers
        explosive materials to another person and knowingly fails to
        comply with paragraph (2) with respect to the transfer, the
        Secretary may, after notice and opportunity for a hearing--
                    ``(A) suspend for not more than 6 months, or
                revoke, any license issued to the licensee under
                section 843; and
                    ``(B) impose on the licensee a civil penalty of not
                more than $5,000.
            ``(7) No liability.--Neither a local government nor an
        employee of the Federal Government or of any State or local
        government, responsible for providing information to the system
        shall be liable in an action at law for damages--
                    ``(A) for failure to prevent the transfer of
                explosive materials to a person whose receipt or
                possession of the explosive material is unlawful under
                this section; or
                    ``(B) for preventing such a transfer to a person
                who may lawfully receive or possess explosive
                materials.
            ``(8) Determination of ineligibility.--
                    ``(A) Written reasons provided on request.--
                            ``(i) In general.--If the system determines
                        that an individual is ineligible to receive
                        explosive materials and the individual requests
                        the system to provide the reasons for the
                        determination, the system shall provide such
                        reasons to the individual, in writing, not
                        later than 5 business days after the date of
                        the request.
                            ``(ii) Ineligibility due to violation.--If
                        the system informs an individual contacting the
                        system that receipt of explosive materials by a
                        prospective transferee would violate subsection
                        (i) or applicable State law, the prospective
                        transferee may request the Attorney General to
                        provide the prospective transferee with the
                        reasons for the determination.
                    ``(B) Treatment of requests.--On receipt of a
                request under subparagraph (A), the Attorney General
                shall immediately comply with the request.
                    ``(C) Submission of additional information.--
                            ``(i) In general.--A prospective transferee
                        may submit to the Attorney General information
to correct, clarify, or supplement records of the system with respect
to the prospective transferee.
                            ``(ii) Action by the attorney general.--
                        After receiving information under clause (i),
                        the Attorney General shall--
                                    ``(I) immediately consider the
                                information;
                                    ``(II) investigate the matter
                                further;
                                    ``(III) correct all erroneous
                                Federal records relating to the
                                prospective transferee; and
                                    ``(IV) give notice of the error to
                                any Federal department or agency or any
                                State that was the source of such
                                erroneous records.''.
    (c) Remedy for Erroneous Denial of Explosive Materials.--
            (1) In general.--Chapter 40 of title 18, United States
        Code, is amended by inserting after section 843 the following:
``Sec. 843A. Remedy for erroneous denial of explosive materials
    ``(a) In General.--Any person denied explosive materials under
section 842(q)--
            ``(1) due to the provision of erroneous information
        relating to the person by any State or political subdivision of
        a State or by the national instant criminal background check
        system established under section 103 of the Brady Handgun
        Violence Prevention Act (18 U.S.C. 922 note); or
            ``(2) who was not prohibited from receiving explosive
        materials under section 842(i),
may bring an action against an entity described in subsection (b) for
an order directing that the erroneous information be corrected or that
the transfer be approved, as the case may be.
    ``(b) Entities Described.--An entity referred to in subsection (a)
is--
            ``(1) the State or political subdivision responsible for--
                    ``(A) providing the erroneous information referred
                to in subsection (a)(1); or
                    ``(B) denying the transfer of explosives; or
            ``(2) the United States.
    ``(c) Attorney's Fees.--In any action brought under this section,
the court, in its discretion, may allow the prevailing party a
reasonable attorney's fee as part of the costs.''.
            (2) Technical amendment.--The analysis for chapter 40 of
        title 18, United States Code, is amended by inserting after the
        item relating to section 843 the following:

``843A. Remedy for erroneous denial of explosive materials.''.
    (d) Licenses and User Permits.--Section 843(a) of title 18, United
States Code, is amended--
            (1) by striking ``shall be in such form and contain such
        information'' and inserting ``shall include fingerprints and a
        photograph of the applicant, and shall be in such form and
        contain such other information''; and
            (2) by striking the second sentence and inserting the
        following: ``Each applicant for a license shall pay for each
        license a fee established by the Secretary in an amount not to
        exceed $300. Each applicant for a permit shall pay for each
        permit a fee established by the Secretary in an amount not to
        exceed $100.''.
    (e) Penalties.--Section 844(a) of title 18, United States Code, is
amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) violates section 842(q) shall be fined under this
        title, imprisoned not more than 5 years, or both.''.
    (f) Effective Date.--The amendments made by subsections (a), (b),
(c), and (e) shall take effect 18 months after the date of enactment of
this Act.

Summary: Dangerous Explosives Background Checks Requirement Act - Amends the Federal criminal code to prohibit a person other than a Federal explosive materials licensee or permittee from knowingly: (1) transporting, shipping, causing to be transported, or receiving explosive materials. Or (2) distributing explosive materials to any person other than such a licensee or permittee . Repeals provisions permitting distribution to a resident of the State where distribution is made and in which the licensee is licensed to do business or a State contiguous thereto if permitted by the law of the State of the purchaser's residence. Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to a permittee unless specified conditions are met, including that: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system. And (2) either the system provides the licensee with a unique identification number or five days have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of explosive materials by the transferee would violate Federal law. Sets forth provisions regarding: (1) penalties, (2) immunity from liability. (3) information to be supplied to individuals determined to be ineligible to receive explosive materials, and (4) the remedy for erroneous denial of explosive materials.

A bill to combat criminal misuse of explosives.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Mortgage Loan Modification
Act of 2008''.

SEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICATIONS OR WORKOUT PLANS
              FOR CERTAIN RESIDENTIAL MORTGAGE LOANS.

    (a) Standard for Loan Modifications or Workout Plans.--Absent
contractual provisions to the contrary--
            (1) the duty to maximize, or to not adversely affect, the
        recovery of total proceeds from pooled residential mortgage
        loans is owed by a servicer of such pooled loans to the
        securitization vehicle for the benefit of all investors and
        holders of beneficial interests in the pooled loans, in the
        aggregate, and not to any individual party or group of parties;
        and
            (2) a servicer of pooled residential mortgage loans shall
        be deemed to be acting on behalf of the securitization vehicle
        in the best interest of all investors and holders of beneficial
        interests in the pooled loans, in the aggregate, if for a loan
        that is in payment default under the loan agreement or for
        which payment default is imminent or reasonably foreseeable,
        the loan servicer makes reasonable and documented efforts to
        implement a modification or workout plan or, if such efforts
        are unsuccessful or such plan would be infeasible, engages in
        other loss mitigation, including accepting a short payment or
        partial discharge of principal, or agreeing to a short sale of
        the property, to the extent that the servicer reasonably
        believes the particular modification or workout plan or other
        mitigation actions will maximize the net present value to be
        realized on the loan, including over that which would be
        realized through foreclosure.
    (b) Safe Harbor.--Absent contractual provisions to the contrary, a
servicer of a residential mortgage loan that acts in a manner
consistent with the duty set forth in subsection (a), shall not be
liable for entering into a qualified loan modification or workout plan,
to--
            (1) any person, based on that person's ownership of a
        residential mortgage loan or any interest in a pool of
        residential mortgage loans or in securities that distribute
        payments out of the principal, interest and other payments in
        loans on the pool;
            (2) any person who is obligated pursuant to a derivatives
        instrument to make payments determined in reference to any loan
        or any interest referred to in paragraph (1); or
            (3) any person that insures any loan or any interest
        referred to in paragraph (1) under any law or regulation of the
        United States or any law or regulation of any State or
        political subdivision of any State.
    (c) Rule of Construction.--No provision of this section shall be
construed as limiting the ability of a servicer to enter into loan
modifications or workout plans other than qualified loan modification
or workout plans.
    (d) Definitions.--For purposes of this section, the following
definitions shall apply:
            (1) Qualified loan modification or workout plan.--The term
        ``qualified loan modification or workout plan'' means a
        modification or plan that--
                    (A) is scheduled to remain in place until the
                borrower sells or refinances the property, or for at
                least 5 years from the date of adoption of the plan,
                whichever is sooner;
                    (B) does not provide for a repayment schedule that
                results in negative amortization at any time; and
                    (C) does not require the borrower to pay additional
                points and fees.
            (2) Negative amortization.--For purposes of paragraph (1),
        the term ``negative amortization'' does not include the
        capitalization of delinquent interest and arrearages.
            (3) Residential mortgage loan defined.--The term
        ``residential mortgage loan'' means a loan that is secured by a
        lien on an owner-occupied residential dwelling.
            (4) Securitization vehicle.--The term ``securitization
        vehicle'' means a trust, corporation, partnership, limited
        liability entity, special purpose entity, or other structure
        that--
                    (A) is the issuer, or is created by the issuer, of
                mortgage pass-through certificates, participation
                certificates, mortgage-backed securities, or other
                similar securities backed by a pool of assets that
                includes residential mortgage loans; and
                    (B) holds such loans.
    (e) Effective Period.--This section shall apply only with respect
to qualified loan modification or workout plans initiated prior to
January 1, 2011.

Summary: Emergency Mortgage Loan Modification Act of 2008 - Establishes a standard for loan modifications or workout plans for pools of certain residential mortgage loans. States that the servicer of such pooled loans owes a duty to the securitization vehicle to maximize recovery of proceeds for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties. Deems the loan servicer to be acting on behalf of the securitization vehicle in the best interest of all such investors and holders if the servicer makes certain loss mitigation efforts for a loan in or facing payment default in the reasonable belief that the particular modification, workout plan, or other mitigation actions will maximize the net present value to be realized over that which would be realized through foreclosure. Declares that, absent contractual provisions to the contrary, a servicer acting in a manner consistent with such duty shall not be liable to specified persons for entering into a qualified loan modification or workout plan for loss mitigation purposes. Defines qualified loan modification or workout plan as one that: (1) is scheduled to remain in place until the borrower sells or refinances the property, or for at least five years from the date of adoption of the plan, whichever is sooner. (2) does not provide for a repayment schedule that results in negative amortization at any time. And (3) does not require the borrower to pay additional points and fees. States that, for purposes of a qualified loan modification or workout plan, negative amortization does not include capitalization of delinquent interest and arrearages. Defines securitization vehicle as a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that: (1) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans, and (2) holds such loans.

To remove an impediment to troubled debt restructuring on the part of holders of residential mortgage loans, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicaid Reform and Personal
Responsibility Act of 2017''.

SEC. 2. REQUIRING STATES TO APPLY A WORK REQUIREMENT FOR ABLE-BODIED
              ADULTS WITHOUT DEPENDENTS UNDER MEDICAID.

    Section 1902 of the Social Security Act (42 U.S.C. 1396a) is
amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph
                (82);
                    (B) by striking the period at the end of paragraph
                (83)(B)(ii) and inserting ``; and''; and
                    (C) by inserting after paragraph (83)(B)(ii) the
                following new paragraph:
            ``(84) comply with the requirements of subsection (nn)
        (relating to a work requirement for able-bodied adults without
        dependents).''; and
            (2) by adding at the end the following new subsection:
    ``(nn) Work Requirement for Able-Bodied Adults Without
Dependents.--
            ``(1) In general.--Beginning October 1, 2017, a State shall
        elect through a State plan amendment (or waiver of such plan)
        to condition medical assistance under this title to an
        individual who is an able-bodied adult without dependents (as
        defined in paragraph (2)(A)) upon such an individual's
        satisfaction of a work requirement (as defined in paragraph
        (2)(B)) and the requirements of paragraph (3).
            ``(2) Definitions.--In this subsection:
                    ``(A) Able-bodied adult without dependents.--The
                term `able-bodied adult without dependents' means an
                individual who is not--
                            ``(i) under 18 or over 55 years of age;
                            ``(ii) medically certified as physically or
                        mentally unfit for employment;
                            ``(iii) a parent or other member of a
                        household with responsibility for a dependent
                        child;
                            ``(iv) a pregnant woman;
                            ``(v) a bona fide student enrolled at least
                        half time in any recognized school, training
                        program, or institution of higher education; or
                            ``(vi) a regular participant in a drug
                        addiction or alcoholic treatment and
                        rehabilitation program.
                    ``(B) Work requirement.--
                            ``(i) In general.--The term `work
                        requirement' means participation in activity
                        specified by the State as work for purposes of
                        this subsection for 20 hours or more per week,
                        averaged monthly.
                            ``(ii) Job training and community
                        service.--Such term includes--
                                    ``(I) on-the-job training;
                                    ``(II) job skills training directly
                                related to employment; and
                                    ``(III) community service programs.
            ``(3) Additional requirements.--An able-bodied adult
        without dependents shall not receive medical assistance under
        this title if the able-bodied adult without dependents--
                    ``(A) refuses, at the time of application and every
                12 months thereafter, to register as employed or as
                unemployed and actively looking for employment for less
                than 12 consecutive months, in a manner prescribed by
                the State;
                    ``(B) refuses without good cause to satisfy an
                applicable work requirement;
                    ``(C) refuses without good cause to accept an offer
                of employment, at a site or plant not subject to a
                strike or lockout at the time of the refusal, at a wage
                not less than the higher of--
                            ``(i) the applicable Federal or State
                        minimum wage; or
                            ``(ii) 80 percent of the wage that would
                        have governed had the minimum hourly rate under
                        section 6(a)(1) of the Fair Labor Standards Act
                        of 1938 (29 U.S.C. 206(a)(1)) been applicable
                        to the offer of employment;
                    ``(D) refuses without good cause to provide the
                State with sufficient information to allow the State to
                determine the employment status or the job availability
                of the able-bodied adult without dependents; or
                    ``(E) voluntarily and without good cause--
                            ``(i) quits a job; or
                            ``(ii) reduces work effort and, after the
                        reduction, the able-bodied adult without
                        dependents is working less than 20 hours per
                        week.''.

Summary: Medicaid Reform and Personal Responsibility Act of 2017 This bill requires state Medicaid programs tonbsp, impose a work requirementnbsp, upon enrollees who arenbsp, able-bodied adults without dependents. Specifically, such enrollees mustnbsp. Spend at least 20 hours per week working in a job, receiving on-the-job training, obtaining job skills, or doing community service. Such enrollees must also annually register with thenbsp. State as employed or as unemployed and actively looking for employment.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Big Cat Public Safety Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) as of February 2016--
                    (A) the global illicit trade in wildlife is
                estimated to be worth up to $20,000,000,000 annually;
                and
                    (B) the legal wildlife trade in the United States
                was estimated to have a value of $2,800,000,000
                annually;
            (2) the illegal trade in prohibited wildlife species (as
        defined in section 2 of the Lacey Act Amendments of 1981 (16
        U.S.C. 3371)) stimulates demand and expands markets in which
        prohibited wildlife species are sold illegally;
            (3) private possession, breeding, and sale of prohibited
        wildlife species have substantial and detrimental effects on--
                    (A) the health and general welfare of the people of
                the United States; and
                    (B) the conservation of the prohibited wildlife
                species;
            (4) the private possession and breeding of prohibited
        wildlife species has a substantial and direct effect on
        interstate commerce because prohibited wildlife species are
        often--
                    (A) bred and possessed--
                            (i) for use in public exhibition; or
                            (ii) for sale or transfer of ownership in
                        the exotic pet trade; and
                    (B) transported in interstate commerce for the
                activities described in subparagraph (A);
            (5) the private possession and breeding of prohibited
        wildlife species contributes to interstate trafficking in
        prohibited wildlife species and may contribute to the
        international illegal trade in prohibited wildlife species;
            (6) prohibited wildlife species in private possession and
        prohibited wildlife species that are subject to intrastate
        distribution are fungible commodities that cannot be
        differentiated, for purposes of control, from prohibited
        wildlife species that are subject to interstate distribution;
            (7) it is exceedingly difficult to distinguish between--
                    (A) prohibited wildlife species that have been
                possessed, bred, sold, or transported in interstate
                commerce; and
                    (B) prohibited wildlife species that have not been
                possessed, bred, sold, or transported in interstate
                commerce;
            (8) Federal control of intrastate private possession and
        breeding of prohibited wildlife species is essential to the
        effective control of interstate trafficking in prohibited
        wildlife species; and
            (9) the United States is a party to the Convention on
        International Trade in Endangered Species of Wild Fauna and
        Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS
        8249), which was designed to protect species of wild fauna and
        flora from exploitation through international trade.

SEC. 3. DEFINITIONS.

    (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16
U.S.C. 3371) is amended--
            (1) by redesignating subsections (a) through (k) as
        subsections (b) through (l), respectively; and
            (2) by inserting before subsection (b) (as so redesignated)
        the following:
    ``(a) Breed.--The term `breed' means to intentionally or
negligently--
            ``(1) facilitate propagation or reproduction; or
            ``(2) fail to prevent propagation or reproduction.''.
    (b) Conforming Amendments.--
            (1) Consolidated farm and rural development act.--Section
        349(a)(3) of the Consolidated Farm and Rural Development Act (7
        U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and
        inserting ``section 2(b)''.
            (2) Lacey act amendments of 1981.--
                    (A) Section 3(e)(2)(C) of the Lacey Act Amendments
                of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended--
                            (i) in clause (ii), by striking ``section
                        2(g)'' and inserting ``section 2(h)''; and
                            (ii) in clause (iii), by striking ``section
                        2(g)'' and inserting ``section 2(h)''.
                    (B) Section 7(c) of the Lacey Act Amendments of
                1981 (16 U.S.C. 3376(c)) is amended by striking
                ``section 2(f)(2)(A)'' and inserting ``section
                2(g)(2)(A)''.

SEC. 4. PROHIBITIONS.

    Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is
amended--
            (1) in subsection (a) --
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by striking the
                        semicolon at the end and inserting ``; or'';
                            (ii) in subparagraph (B)(iii), by striking
                        ``; or'' and inserting a semicolon; and
                            (iii) by striking subparagraph (C); and
                    (B) in paragraph (4), by striking ``in paragraphs
                (1) through (3).'' and inserting ``in--
                    ``(A) paragraphs (1) through (3); or
                    ``(B) subsection (e).'';
            (2) by striking subsection (e) and inserting the following:
    ``(e) Captive Wildlife Offense.--
            ``(1) In general.--It is unlawful for any person--
                    ``(A) to import, export, transport, sell, receive,
                acquire, or purchase a live animal of any prohibited
                wildlife species--
                            ``(i) in interstate or foreign commerce; or
                            ``(ii) in a manner substantially affecting
                        interstate or foreign commerce; or
                    ``(B) to breed or possess a live animal of any
                prohibited wildlife species.
            ``(2) Limitation on application.--Paragraph (1) does not
        apply to any person that--
                    ``(A) is an institution accredited by the
                Association of Zoos and Aquariums;
                    ``(B) is a facility that--
                            ``(i) has an active written contract with
                        an Association of Zoos and Aquariums Species
                        Survival Plan or Taxon Advisory Group for the
                        breeding of prohibited wildlife species; and
                            ``(ii) does not breed, acquire, or sell
                        prohibited wildlife species other than the
                        prohibited wildlife species covered by a
                        contract described in clause (i);
                    ``(C) is a State college, university, or agency, or
                State-licensed veterinarian;
                    ``(D)(i) is a wildlife sanctuary that cares for
                prohibited wildlife species;
                    ``(ii) is a corporation that--
                            ``(I) is exempt from taxation under section
                        501(a) of the Internal Revenue Code of 1986;
                        and
                            ``(II) is described in sections 501(c)(3)
                        and 170(b)(1)(A)(vi) of that Code;
                    ``(iii) does not commercially trade in prohibited
                wildlife species, including offspring, parts, and
                byproducts of prohibited wildlife species;
                    ``(iv) does not breed the prohibited wildlife
                species;
                    ``(v) does not allow direct contact between the
                public and prohibited wildlife species; and
                    ``(vi) does not allow the transportation and
                display of prohibited wildlife species off-site;
                    ``(E) has custody of the prohibited wildlife
                species solely for the purpose of expeditiously
                transporting the prohibited wildlife species to a
                person described in this paragraph with respect to the
                prohibited wildlife species;
                    ``(F)(i) is in possession of a prohibited wildlife
                species that was born before the date of enactment of
                the Big Cat Public Safety Act of 2016;
                    ``(ii) not later than 180 days after the date of
                enactment of the Big Cat Public Safety Act of 2016, is
                registered with the Animal and Plant Health Inspection
                Service;
                    ``(iii) does not breed, acquire, or sell any
                prohibited wildlife species after the date of enactment
                of that Act; and
                    ``(iv) does not allow direct contact between the
                public and prohibited wildlife species; or
                    ``(G)(i) holds a valid Class C license under the
                Animal Welfare Act (7 U.S.C. 2131 et seq.);
                    ``(ii) regularly travels across State lines to
                conduct circus performances featuring live prohibited
                wildlife species, clowns, and aerial acts;
                    ``(iii) engaged in the travel and conduct described
                in clause (ii) before January 1, 2015; and
                    ``(iv) does not allow direct contact between the
                public and prohibited wildlife species.''.

SEC. 5. PENALTIES.

    (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(a)(1)) is amended--
            (1) by striking ``other than subsections (b), (d),'' and
        inserting ``other than subsections (b), (d), (e),''; and
            (2) by striking ``violates subsection (d)'' and inserting
        ``violates subsection (d), (e),''.
    (b) Criminal Penalties.--Section 4(d)(1) of the Lacey Act
Amendments of 1981 (16 U.S.C. 3373(d)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``(e),'' after ``(d),''; and
                    (B) by striking ``or'' after the comma at the end;
            (2) in subparagraph (B)--
                    (A) by inserting ``(e),'' after ``(d),''; and
                    (B) by adding ``or'' after the comma at the end;
                and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) knowingly violates section 3(e),''; and
            (4) in the undesignated matter following subparagraph (C)
        (as added by paragraph (3))--
                    (A) by striking ``knowing that'' and all that
                follows through ``treaty or regulation,''; and
                    (B) in the second sentence, by striking ``said fish
                or wildlife or plants'' and inserting ``fish or
                wildlife, plants, or prohibited wildlife species
                concerned''.

SEC. 6. FORFEITURE OF PROHIBITED WILDLIFE SPECIES.

    Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C.
3374(a)(1)) is amended--
            (1) by striking ``or plants'' and inserting ``, plants, or
        prohibited wildlife species bred, possessed,'';
            (2) by striking ``of this Act (other than subsection
        3(b))'' and inserting ``(other than subsection (b) of that
        section)''; and
            (3) by striking ``of this Act.'' and inserting a period.

SEC. 7. ADMINISTRATION.

    Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3376(a)) is amended by adding at the end the following:
            ``(3) The Secretary, in consultation with other relevant
        Federal and State agencies, shall promulgate any regulations
        necessary to implement section 3(e).''.

SEC. 8. TECHNICAL CORRECTION.

    Section 4(e), and subsections (a) and (b)(2) of section 8, of the
Lacey Act Amendments of 1981 (16 U.S.C. 3373(e), 3377) are amended by
striking ``Fishery Conservation and Management Act of 1976'' each place
it appears and inserting ``Magnuson-Stevens Fishery Conservation and
Management Act''.

Summary: Big Cat Public Safety Act of 2016 This bill amends the Lacey Act Amendments of 1981 to prohibit any person from breeding or possessing any live animal of any prohibited wildlife species . Breeding means facilitating propagation or reproduction , or failing to prevent propagation or reproduction. The bill extends forfeiture provisions to fish, wildlife, or plants that are bred or possessed. The bill revises the list of entities that are exempt from Lacey Act prohibitions to include: institutions accredited by the Association of Zoos and Aquariums. Certain facilities that have an active written contract with an Association of Zoos and Aquariums Species Survival Plan or Taxon Advisory Group for breeding prohibited wildlife species. Persons who do not allow the transportation and display of prohibited wildlife species off-site. Current owners of animals that were born before this bill's enactment if the animals are registered with the Animal and Plant Health Inspection Service within 180 days. And certain traveling circuses that hold Class C licenses under the Animal Welfare Act. Entities exempt from Lacey Act prohibitions must require that current owners and circuses not allow direct contact between the public and the prohibited wildlife species.

Big Cat Public Safety Act of 2016