SECTION 1. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM.

    Subpart 1 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070a et seq.) is amended by adding at the end the
following:

``SEC. 401B. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM.

    ``(a) Demonstration Program Authority.--
            ``(1) In general.--The Secretary is authorized to carry out
        an Early Federal Pell Grant Commitment Demonstration Program
        under which--
                    ``(A) the Secretary awards grants to 4 State
                educational agencies, in accordance with paragraph (2),
                to pay the administrative expenses incurred in
                participating in the demonstration program under this
                section; and
                    ``(B) the Secretary awards Federal Pell Grants to
                participating students in accordance with this section.
            ``(2) Grants.--
                    ``(A) In general.--From amounts appropriated under
                subsection (g) for a fiscal year, the Secretary is
                authorized to award grants to 4 State educational
                agencies to enable the State educational agencies to
                pay the administrative expenses incurred in
                participating in a demonstration program under which
                students in 8th grade who are eligible for a free or
                reduced price meal receive a commitment to receive a
                Federal Pell Grant early in their academic careers.
                    ``(B) Equal amounts.--The Secretary shall award
                grants under this section in equal amounts to each of
                the 4 participating State educational agencies.
    ``(b) Demonstration Project Requirements.--Each of the 4
demonstration projects assisted under this section shall meet the
following requirements:
            ``(1) Participants.--
                    ``(A) In general.--The State educational agency
                shall make participation in the demonstration project
                available to 2 cohorts of students, which shall consist
                of--
                            ``(i) 1 cohort of 8th grade students who
                        begin the participation in academic year 2007-
                        2008; and
                            ``(ii) 1 cohort of 8th grade students who
                        begin the participation in academic year 2008-
                        2009.
                    ``(B) Students in each cohort.--Each cohort of
                students shall consist of not more than 10,000 8th
                grade students who qualify for a free or reduced price
                meal under the Richard B. Russell National School Lunch
                Act or the Child Nutrition Act of 1966.
            ``(2) Student data.--The State educational agency shall
        ensure that student data from local educational agencies
        serving students who participate in the demonstration project,
        as well as student data from local educational agencies serving
        a comparable group of students who do not participate in the
        demonstration project, are available for evaluation of the
        demonstration project.
            ``(3) Federal pell grant commitment.--Each student who
        participates in the demonstration project receives a commitment
        from the Secretary to receive a Federal Pell Grant during the
        first academic year that student is in attendance at an
        institution of higher education as an undergraduate, if the
        student applies for Federal financial aid (via the FAFSA)
        during the student's senior year of secondary school and during
        succeeding years.
            ``(4) Applicability of federal pell grant requirements.--
        The requirements of section 401 shall apply to Federal Pell
        Grants awarded pursuant to this section, except that the amount
        of each participating student's Federal Pell Grant only shall
        be calculated by deeming such student to have an expected
        family contribution equal to zero.
            ``(5) Application process.--The Secretary shall establish
        an application process to select State educational agencies to
        participate in the demonstration program and State educational
        agencies shall establish an application process to select local
        educational agencies within the State to participate in the
        demonstration project.
            ``(6) Local educational agency participation.--Subject to
        the 10,000 statewide student limitation described in paragraph
        (1), a local educational agency serving students, not less than
        50 percent of whom are eligible for a free or reduced price
        meal under the Richard B. Russell National School Lunch Act or
        the Child Nutritional Act of 1966, shall be eligible to
        participate in the demonstration project.
    ``(c) State Educational Agency Applications.--
            ``(1) In general.--Each State educational agency desiring
        to participate in the demonstration program under this section
        shall submit an application to the Secretary at such time and
        in such manner as the Secretary may require.
            ``(2) Contents.--Each application shall include--
                    ``(A) a description of the proposed targeted
                information campaign for the demonstration project and
                a copy of the plan described in subsection (f)(2);
                    ``(B) a description of the student population that
                will receive an early commitment to receive a Federal
                Pell Grant under this section;
                    ``(C) an assurance that the State educational
                agency will fully cooperate with the ongoing evaluation
                of the demonstration project; and
                    ``(D) such other information as the Secretary may
                require.
    ``(d) Selection Considerations.--
            ``(1) Selection of state educational agencies.--In
        selecting State educational agencies to participate in the
        demonstration program, the Secretary shall consider--
                    ``(A) the number and quality of State educational
                agency applications received;
                    ``(B) the Department's capacity to oversee and
                monitor each State educational agency's participation
                in the demonstration program;
                    ``(C) a State educational agency's--
                            ``(i) financial responsibility;
                            ``(ii) administrative capability;
                            ``(iii) commitment to focusing State
                        resources, in addition to any resources
                        provided under part A of title I of the
                        Elementary and Secondary Education Act of 1965,
                        on students who receive assistance under such
                        part A;
                            ``(iv) the ability and plans of a State
                        educational agency to run an effective and
                        thorough targeted information campaign for
                        students served by local educational agencies
                        eligible to participate in the demonstration
                        project; and
                            ``(v) ensuring the participation in the
                        demonstration program of a diverse group of
                        students with respect to ethnicity and gender.
            ``(2) Local educational agency.--In selecting local
        educational agencies to participate in a demonstration project
        under this section, the State educational agency shall
        consider--
                    ``(A) the number and quality of local educational
                agency applications received;
                    ``(B) the State educational agency's capacity to
                oversee and monitor each local educational agency's
                participation in the demonstration project;
                    ``(C) a local educational agency's--
                            ``(i) financial responsibility;
                            ``(ii) administrative capability;
                            ``(iii) commitment to focusing local
                        resources, in addition to any resources
                        provided under part A of title I of the
                        Elementary and Secondary Education Act of 1965,
                        on students who receive assistance under such
                        part A;
                            ``(iv) the ability and plans of a local
                        educational agency to run an effective and
                        thorough targeted information campaign for
                        students served by the local educational
                        agency; and
                            ``(v) ensuring the participation in the
                        demonstration project of a diverse group of
                        students with respect to ethnicity and gender.
    ``(e) Evaluation.--
            ``(1) In general.--From amounts appropriated under section
        (g) for a fiscal year, the Secretary shall reserve not more
        than $1,000,000 to award a grant or contract to an organization
        outside the Department for an independent evaluation of the
        impact of the demonstration program assisted under this
        section.
            ``(2) Competitive basis.--The grant or contract shall be
        awarded on a competitive basis.
            ``(3) Matters evaluated.--The evaluation described in this
        subsection shall--
                    ``(A) determine the number of individuals who were
                encouraged by the demonstration program to pursue
                higher education;
                    ``(B) identify the barriers to the effectiveness of
                the demonstration program;
                    ``(C) assess the cost-effectiveness of the
                demonstration program in improving access to higher
                education;
                    ``(D) identify the reasons why participants in the
                demonstration program either received or did not
                receive a Federal Pell Grant;
                    ``(E) identify intermediate outcomes (relative to
                postsecondary education attendance), such as whether
                participants--
                            ``(i) were more likely to take a college-
                        prep curriculum while in secondary school;
                            ``(ii) submitted any college applications;
                        and
                            ``(iii) took the PSAT, SAT, or ACT;
                    ``(F) identify the number of individuals
                participating in the demonstration program who pursued
                an associate's degree or a bachelor's degree, as well
                as other forms of postsecondary education;
                    ``(G) compare the findings of the demonstration
                program with respect to participants to comparison
                groups (of similar size and demographics) that did not
                participate in the demonstration program; and
                    ``(H) identify the impact on the parents of
                students eligible to participate in the demonstration
                program.
            ``(4) Dissemination.--The findings of the evaluation shall
        be widely disseminated to the public by the organization
        conducting the evaluation as well as by the Secretary.
    ``(f) Targeted Information Campaign.--
            ``(1) In general.--Each State educational agency receiving
        a grant under this section shall, in cooperation with the
        participating local educational agencies within the State and
        the Secretary, develop a targeted information campaign for the
        demonstration program assisted under this section.
            ``(2) Plan.--Each State educational agency receiving a
        grant under this section shall include in the application
        submitted under subsection (c) a written plan for their
        proposed targeted information campaign. The plan shall include
        the following:
                    ``(A) Outreach.--Outreach to students and their
                families, at a minimum, at the beginning and end of
                each academic year of the demonstration project.
                    ``(B) Distribution.--How the State educational
                agency plans to provide the outreach described in
                subparagraph (A) and to provide the information
                described in subparagraph (C).
                    ``(C) Information.--The annual provision by the
                State educational agency to all students and families
                participating in the demonstration program of
                information regarding--
                            ``(i) the estimated statewide average
                        higher education institution cost data for each
                        academic year, which cost data shall be
                        disaggregated by--
                                    ``(I) type of institution,
                                including--
                                            ``(aa) 2-year public
                                        colleges;
                                            ``(bb) 4-year public
                                        colleges; and
                                            ``(cc) 4-year private
                                        colleges;
                                    ``(II) by component, including--
                                            ``(aa) tuition and fees;
                                        and
                                            ``(bb) room and board;
                            ``(ii) Federal Pell Grants, including--
                                    ``(I) the maximum Federal Pell
                                Grant for each academic year;
                                    ``(II) when and how to apply for a
                                Federal Pell Grant; and
                                    ``(III) what the application
                                process for a Federal Pell Grant
                                requires;
                            ``(iii) State-specific college savings
                        programs;
                            ``(iv) State-based merit aid;
                            ``(v) State-based financial aid; and
                            ``(vi) Federal financial aid available to
                        students, including eligibility criteria for
                        the Federal financial aid and an explanation of
                        the Federal financial aid programs.
            ``(3) Cohorts.--The information described in paragraph
        (2)(C) shall be provided to 2 cohorts of students annually for
        the duration of the students' participation in the
        demonstration program. The 2 cohorts shall consist of--
                    ``(A) 1 cohort of 8th grade students who begin the
                participation in academic year 2007-2008; and
                    ``(B) 1 cohort of 8th grade students who begin the
                participation in academic year 2008-2009.
            ``(4) Reservation.--Each State educational agency receiving
        a grant under this section shall reserve $200,000 of the grant
        funds received each fiscal year for each of the 2 cohorts of
        students (for a total reservation of $400,000 each fiscal year)
        served by the State to carry out their targeted information
        campaign described in this subsection.
    ``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
            ``(1) $1,300,000 for fiscal year 2008, of which--
                    ``(A) $500,000 shall be available to carry out
                subsection (e); and
                    ``(B) $800,000 shall be available to carry out
                subsection (f)(2)(C);
            ``(2) $1,600,000 for fiscal year 2009, of which $1,600,000
        shall be available to carry out subsection (f)(2)(C);
            ``(3) $1,600,000 for fiscal year 2010, of which $1,600,000
        shall be available to carry out subsection (f)(2)(C);
            ``(4) $2,100,000 for fiscal year 2011, of which--
                    ``(A) $500,000 shall be available to carry out
                subsection (e); and
                    ``(B) $1,600,000 shall be available to carry out
                subsection (f)(2)(C);
            ``(5) $1,600,000 for fiscal year 2012, of which $1,600,000
        shall be available to carry out subsection (f)(2)(C);
            ``(6) $14,600,000 for fiscal year 2013, of which--
                    ``(A) $800,000 shall be available to carry out
                subsection (f)(2)(C); and
                    ``(B) $13,800,000 shall be available for Federal
                Pell Grants provided in accordance with this section;
                and
            ``(7) $13,800,000 for fiscal year 2014, of which
        $13,800,000 shall be available for Federal Pell Grants provided
        in accordance with this section.''.

Summary: Amends the Higher Education Act of 1965 to authorize an Early Federal Pell Grant Demonstration Program. Directs the Secretary of Education to award grants to four states to cover administrative expenses incurred in the program. Limits a state to a cohort of up to 10,000 of its eighth grade students who are eligible for a free or reduced price meal under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966. Provides for a cohort for each of the academic years 2007-2008 and 2008-2009. Declares that each student who participates in the demonstration project receives a commitment to receive a Pell Grant during their first year of undergraduate study at an institution of higher education, subject to a specified condition. Requires state grantees to choose local educational agencies to participate in the program from among those serving students at least half of whom are eligible for free or reduced price meals. Calculates participating students' Pell Grants by deeming them to have no expected family contribution. Directs the Secretary to arrange for an independent evaluation of the demonstration program's effectiveness in providing needy students with access to, and an incentive to pursue, higher education. Requires state grantees annually to provide program participants with information concerning college costs, Pell Grants, state college savings programs, and other state and federal aid programs.

A bill to establish an establish an Early Federal Pell Grant Commitment Demonstration Program.


SECTION 1. SHORT TITLE; REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Indian Gaming
Regulatory Act Amendments of 1994''.
    (b) Reference.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Indian
Gaming Regulatory Act (25 U.S.C. 2701 et seq.).

SEC. 2. DEFINITIONS.

    (a) Class II Gaming.--(1) Clause (i) of section 4(7)(A) (25 U.S.C.
2703(7)(A)) is amended--
            (A) by striking ``(if played in the same location)''; and
            (B) by striking ``bingo, and'' and inserting ``bingo
        (whether or not electronic, computer, or other technologic aids
        are used in connection therewith so long as the fundamental
        characteristics of the game remain the same), and''.
    (2) Clause (ii) of section 4(7)(A) (25 U.S.C. 2703(7)(A)) is
amended by striking ``that--'' and all that follows through ``such card
games.'' at the end thereof and inserting a period.
    (3) Clause (ii) of section 4(7)(B) (25 U.S.C. 2703(7)(B)) is
amended by inserting ``, except electronic or technological aids used
in connection with class II games,'' after ``game of chance''.
    (4) Subparagraph (C) of section 4(7) (25 U.S.C. 2703(7)) is amended
by striking ``Chairman'' and inserting ``Commission''.
    (5) Paragraph (7) of section 4 (25 U.S.C. 2703) is amended by
striking subparagraphs (D), (E), and (F).
    (6) Paragraph (8) of section 4 (25 U.S.C. 2703) is amended by
inserting at the end ``and means manufacturing and assembly of gaming
devices (defined as gambling devices by section 5 of the Act of January
2, 1951 (15 U.S.C. 1175)).''.
    (b) Compact; Electronic Facsimile.--Section 4 of the Act (25 U.S.C.
2703) is amended by adding at the end the following new paragraphs:
            ``(11) The term `Compact' means the regulatory regime for
        operating class III gaming entered into by a tribe and the
        Secretary.
            ``(12) The term `electronic facsimile' means a copy of some
        or all of the fundamental elements of a game, where the
        electronic or electromechanical device alters the game rather
        than simply electronically replicating the fundamental elements
        of a game.''.
    (c) Section 6 of Public Law 101-301.--Section 6 of Public Law 101-
301 (25 U.S.C. 2703 note; 104 Stat. 209) is repealed.

SEC. 3. POWERS OF THE CHAIRMAN.

    Section 6(b) of the Act (25 U.S.C. 2705(b)) is amended to read as
follows:
    ``(b) Prior to taking any action set forth in subsection (a) of
this section, the Chairman shall, in good faith, consult with the Tribe
which has jurisdiction over the gaming activity in dispute and attempt
to resolve the dispute in a manner that avoids such actions. Only after
the Commission has concluded that cooperative resolution has been
adequately pursued and that further consultation would be futile, may
the Chairman take such actions.''.

SEC. 4. POWERS OF THE COMMISSION.

    Section 7 (25 U.S.C. 2706) is amended--
            (1) in subsection (a)(2), by inserting ``appropriate but
        not punitive'' after ``collection of'';
            (2) in subsections (b)--
                    (A) in paragraph (1), by inserting ``and class III
                gaming, where a Compact so provides, where gaming is''
                after ``class II gaming''; and
                    (B) in paragraph (2), by inserting ``and class III
                gaming, where a Compact so provides, where gaming''
                after ``class II gaming''; and
            (3) by striking subsection (c).

SEC. 5. INTERIM AUTHORITY TO REGULATE GAMING.

    Section 10 of the Act (25 U.S.C. 2709) is repealed.

SEC. 6. TRIBAL GAMING ORDINANCES.

    (a) Class II Gaming.--Subsection (b) of section 11 (25 U.S.C. 2710)
is amended by amending subparagraph (A) of paragraph (4) to read as
follows:
    ``(A) A tribal ordinance or resolution may provide for the
licensing or regulation of Indian charitable class II gaming activities
on Indian lands up to the same level and scope as permitted by tribal
class II gaming. A tribal ordinance or resolution may provide for the
licensing or regulation of class II gaming activities owned by any
person or entity other than the Indian tribe and conducted on Indian
lands, only if the tribal licensing requirements include the
requirements described in the subclauses of subparagraph (B)(i) and are
at least as restrictive as those established by State law governing
similar gaming within the jurisdiction of the State within which such
Indian lands are located.''.
    (b) Regulation of Class II Gaming.--Subsection (c)(3) of section 11
(25 U.S.C. 2710) is amended by inserting ``, whether by management
contract or otherwise,'' after ``class II gaming activity'' in the
matter preceding subparagraph (A).
    (c) Class III Gaming.--Section 11(d) (25 U.S.C. 2710(d)) is
amended--
            (1) in paragraph (1), by amending subparagraphs (B) and (C)
        to read as follows:
            ``(B) located in a State where the requirements of
        paragraphs (6)(A) and (B) are satisfied and the gaming activity
        is eligible for inclusion in a Compact, and
            ``(C) conducted in conformance with a Compact that is in
        effect.'';
            (2) in paragraph (2)--
                    (A) by striking ``Tribal-State compact entered into
                under paragraph (3) by the Indian tribe'' in
                subparagraph (C) and inserting ``Compact'';
                    (B) by striking ``Tribal-State compact'' in
                subparagraph (D)(iii)(I) and inserting ``Compact'';
            (3) by amending paragraph (3) to read as follows:
    ``(3)(A)(i) Any Indian tribe having jurisdiction over the Indian
lands upon which a class III gaming activity is to be conducted shall
request the Secretary to enter into a Compact with the tribe. Such
request shall specify the gaming activity or activities to be governed
by the Compact.
    ``(ii) Negotiations between the tribe and the Secretary shall be
completed within 180 days, subject to the procedures required by
paragraph (5)(B) that the Secretary and the tribe shall utilize to
resolve disputes arising from negotiations.
    ``(iii) The Compact shall be effective upon publication in the
Federal Register by the Secretary.
    ``(iv) The Commission shall pursuant to section 7 of this Act
monitor class III gaming to the extent provided by each Compact as
published by the Secretary.
    ``(B) Any Compact entered into under subparagraph (A) may include
provisions relating to--
            ``(i) the adoption of any of the criminal and civil laws
        and regulations of the Indian tribe, or with tribal consent, of
        the State, that are directly related to, and necessary for, the
        licensing and regulation of such activity;
            ``(ii) the assessment by the Secretary of such activities
        in such amounts as are necessary to defray the costs of
        regulating such activity;
            ``(iii) remedies for breach of contract;
            ``(iv) standards for the operation of such activity and
        maintenance of the gaming facility, including licensing; and
            ``(v) any other subjects that are reasonably related to the
        operation of gaming activities.''.
            (4) by striking out paragraphs (4) and (5);
            (5) by striking paragraph (8) and redesignating paragraph
        (9) as paragraph (11); and
            (6) by striking paragraphs (6) and (7) and inserting the
        following:
    ``(4) The provisions of section 5 of the Act of January 2, 1951 (25
Stat. 1175), shall not apply to any gaming on Indian lands, or to
manufacturing and assembly of gaming devices on Indian lands.
    ``(5)(A) The United States district courts shall have jurisdiction
over--
            ``(i) any cause of action for a declaratory judgment
        arising from the failure of an Indian tribe and the Secretary
        to resolve disputes pursuant to paragraph (3) of this section,
            ``(ii) any cause of action initiated by United States or
        Indian tribe to enjoin a class III gaming activity located on
        Indian tribes and conducted in violation of any Compact entered
        into under paragraph (3) that is in effect, and
            ``(iii) any cause of action initiated by the Secretary or a
        tribe to enforce provisions of Compacts.
    ``(B) Notwithstanding any declaratory judgment action pending under
paragraph (6), a tribe and the Secretary may negotiate and proceed to
mediation under the Act on issues not subject to the declaratory
judgment action.
    ``(6)(A) No later than 120 days after the Tribe has notified the
Secretary its election to negotiate a Compact, or no later than such
longer period as may be extended in writing by the parties, either
party may initiate an action in Federal district court for a
declaration whether a gaming activity is subject to Compact negotiation
under this Act. In any such declaratory action, the court shall declare
that the gaming activity as a matter of Federal law shall be the
subject of negotiation if it finds that--
            ``(i) the gaming activity is not prohibited as a matter of
        State criminal law and public policy; or
            ``(ii) if the gaming activity is subject to prosecution and
        criminal sanction as a matter of State law, the gaming activity
        meets one or more of the following criteria--
                    ``(I) its principal characteristics are
                substantially similar to principal characteristics of
                gaming activities that are not subject to prosecution
                and criminal sanction as a matter of State law;
                    ``(II) State law permits the gaming activity
                subject to regulation;
                    ``(III) as a matter of State law some person,
                organization, or entity within the State may engage in
                the gaming activity for some purpose; and
                    ``(IV) there is a pervasive pattern of
                nonenforcement of the prohibition of such gaming.
    ``(B) The Compact also shall include such provisions which best
meet the objectives of this Act and are consistent with any declaratory
judgment issued pursuant to this paragraph.
    ``(7)(A) Subject to subparagraph (B), if the parties agree on a
Compact, the Secretary shall adopt such Compact and publish the Compact
in the Federal Register.
    ``(B) The Compact referred to in subparagraph (A) shall not be
approved by the Secretary--
            ``(i) unless it contains provisions relating to internal
        controls of cash flow transactions, recordkeeping and
        reporting, accounting, security, and licensing of employees;
        and
            ``(ii) if the Compact does not violate--
                    ``(I) any provisions of this Act;
                    ``(II) any other provision of Federal law that does
                not relate to jurisdiction over gaming on Indian
                reservations; or
                    ``(III) the trust obligations of the United States
                to Indians.
    ``(8) Except for an appeal under chapter 7 of title 5, United
States Code, publication of a Compact pursuant to this subsection which
permits a class III gaming activity shall be conclusive that such class
III gaming is an activity subject to negotiations where the gaming is
to be conducted, in any matter under consideration by the Commission or
a Federal court.
    ``(9) If the parties do not agree on a Compact under this
subsection before the date that is 45 days after the expiration of the
180-day period with respect to the last Tribal Compact proposal during
the 180-day period, the Compact shall be considered approved, but only
to the extent that the Compact is consistent with the provisions of
this Act.
    ``(10) The Secretary shall publish in the Federal Register notice
of any Compact that has been approved, or considered to have been
approved, under this subsection. Failure of the Secretary to publish
pursuant to this subsection shall not affect the legality of the
compact, which shall be treated as if notice was timely and properly
published.'';
            (7) in paragraph (11) (as so redesignated), by striking
        ``subsections (b), (c), (d), (f), (g), and (h) of''.

SEC. 7. REVIEW OF EXISTING ORDINANCES AND CONTRACTS.

    (a) Management Contract.--Paragraph (3) of section 12(a) (25 U.S.C.
2711(a)) is amended by striking ``all collateral agreements to such
contract that relate to the gaming activity'' and inserting ``all other
agreements that comprise whole or partial consideration of the parties
entering into the management agreement''.
    (b) Review.--Paragraph (1) of section 13(c) (25 U.S.C. 2712(c)) is
amended by striking ``all collateral agreements,'' and inserting ``all
related agreements involving the same parties, financing or leasing
agreements, or any agreement that pertains to significant management
functions or responsibilities,''.

SEC. 8. CIVIL PENALTIES.

    (a) Date From Which Fines Run.--Paragraph (1) of section 14(a) (25
U.S.C. 2713(a)) is amended by adding at the end the following: ``Fines
imposed under this paragraph may not run from before the date of notice
of violation.''.
    (b) Informal Dispute Resolution.--Paragraph (2) of section 14(a)
(25 U.S.C. 2713(a)) is amended by inserting ``an opportunity for
resolving disputes informally and'' after ``provide''.

SEC. 9. GAMING ON LANDS ACQUIRED AFTER DATE OF ENACTMENT.

    (a) Repeal of Concurrence by Governor.--Subparagraph (A) of section
20(b)(1) (25 U.S.C. 2719(b)(1)) is amended by striking ``, but only''
and all that follows through ``determination''.
    (b) Application of Internal Revenue Code.--Paragraph (1) of section
20(d) (25 U.S.C. 2719(d)) is amended--
            (1) by inserting ``, and the exemption from Federal taxes
        provided to the States with respect to any gaming activity,''
        after ``wagering operations'' the first place it appears; and
            (2) by striking ``or under a Tribal-State'' and all that
        follows through ``effect,'' and inserting ``and the reporting
        of cash transactions,''.

SEC. 10. CRIMINAL PENALTIES.

    Subsections (c)(2) and (d) of section 1166 of title 18, United
States Code, are each amended by striking ``Tribal State compact'' and
inserting ``Compact''.

SEC. 11. APPLICABILITY OF FEDERAL LAWS TO CLASS III GAMING.

    The Act (25 U.S.C. 2701 et seq.) is amended by adding at the end
the following:

                            ``miscellaneous

    ``Sec. 25. (a) Class III gaming activities that are as a matter of
Federal law, lawfully in any jurisdiction on the date of the enactment
of this section, shall, notwithstanding the provisions of this Act,
remain lawful for purposes of section 11(d)(6) of this Act.
    ``(b) For purposes of Federal law, the laws in effect on the date
that a tribe notifies the Secretary (or prior to 1993, notified the
State) that it wishes to negotiate a Compact, shall be the basis for
determining the scope of gaming in section 11(d) of this Act for any
Compact, or for procedures in lieu of a compact.
    ``(c) For purposes of this Act, any change in State law which
occurs after the earlier of (1) a Tribe's request to the State for
negotiations of a Tribal-State Compact pursuant to this Act, or (2) the
Tribe's request to the Secretary for a Compact pursuant to this Act,
shall not have any affect upon the terms and conditions of the Compact,
or upon the obligations of any government entity pursuant to this Act.
    ``(d) Notwithstanding any provision of this Act, tribes with Indian
lands in the Eastern District of Washington shall be entitled to
conduct class III gaming activities without a Compact, as long as such
games are limited to the nature and scope of gaming activities in
effect on or prior to November 1, 1994, so long as such activities are
otherwise in compliance with this Act.
    ``(e) Notwithstanding any provision of this Act, tribes with Indian
lands in Wisconsin shall be entitled to conduct class III gaming
activities consistent with the decision of the Federal district court
in Lac du Flambeau Band of Lake Superior Chippewa v. State of
Wisconsin, 770 F. Supp. 480 (W.D. Wis. 1991).''.

SEC. 12. EFFECTIVE DATE.

    (a) Tribal-State Compacts.--Notwithstanding any other provision of
this Act or an amendment made by this Act, all Tribal-State Compacts
approved by the Secretary of the Interior, and procedures for
governance in lieu of Compacts promulgated by the Secretary, under the
Indian Gaming Regulatory Act as in effect on the date before the date
of enactment of this Act, shall continue to be fully operative and
binding on the parties and shall not be subject to revision unless
agreed to by the parties.
    (b) Pending Negotiations of Tribal-State Compacts.--Any tribe that
requested a State to negotiate a Tribal-State Compact prior to the
enactment of this Act and has not completed that process may request
the Secretary to enter into a Compact as specified under section
11(d)(3)(A) of the Indian Gaming Regulatory Act, as provided by the
amendments made by this Act.
    (c) Class III Gaming Under Certain Department of the Interior
Regulations.--Notwithstanding any provision of the amendments made by
this Act, tribes operating class III gaming pursuant to regulations
promulgated by the Department of the Interior and in effect on or
before the date of enactment of this Act shall be entitled to conduct
class III gaming activities without the approval of a Compact,
consistent with such regulations.
    (d) Definition.--For the purposes of this section, the term
``Tribal-State Compact'' has the same meaning given such term in the
Indian Gaming Regulatory Act, as such Act was in effect on the date
before the date of enactment of this Act.

Summary: Indian Gaming Regulatory Act Amendments of 1994 - Amends the Indian Gaming Regulatory Act to include manufacturing and assembly of gaming devices within the definition of class III gaming. Defines Compact as the class III gaming regulatory regime. Directs the Chairman of the National Indian Gaming Commission (Commission) to consult with an affected tribe before taking action authorized by such Act. Authorizes the Commission to monitor class III gaming where a Compact so provides. Authorizes class II tribal gaming ordinances to regulate non-Indian gaming activities on Indian lands to the same level as class III regulations permit. Sets forth Compact provisions. Applies the Federal tax exemption given to State gaming activities to Indian gaming activities. Applies Federal laws to class III gaming activities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Discretionary Spending Control Act
of 2004''.

SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.

    (a) Discretionary Spending Limits.--(1) Section 251(c)(1) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (relating to
fiscal year 2004) is amended--
            (A) in subparagraph (A), by striking ``$31,834,000,000''
        and inserting ``$28,052,000,000''; and
            (B) in subparagraph (B), by striking ``$1,462,000,000'' and
        inserting ``$1,436,000,000'' and by striking ``$6,629,000,000''
        and inserting ``$6,271,000,000''.
    (2) Section 251(c)(2) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by inserting a dash after ``2005'', by
redesignating the remaining portion of such paragraph as subparagraph
(D) and by moving it two ems to the right, and by inserting after the
dash the following new subparagraphs:
                    ``(A) for the general purpose discretionary
                category: $817,726,000,000 in new budget authority and
                $866,056,000,000 in outlays;
                    ``(B) for the highway category: $30,585,000,000 in
                outlays; and
                    ``(C) for the mass transit category: $1,554,000,000
                in new budget authority and $6,787,000,000 in outlays;
                and''.
    (3) Section 251(c)(3) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by inserting a dash after ``2006'', by
redesignating the remaining portion of such paragraph as subparagraph
(D) and by moving it two ems to the right, and by inserting after the
dash the following new subparagraphs:
                    ``(A) for the general purpose discretionary
                category: $831,417,000,000 in new budget authority and
                $846,280,000,000 in outlays;
                    ``(B) for the highway category: $33,271,000,000 in
                outlays; and
                    ``(C) for the mass transit category: $1,671,000,000
                in new budget authority and $7,585,000,000 in outlays;
                and''.
    (4) Section 251(c) of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by redesignating paragraphs (4) through
(9) as paragraphs (7) through (12) and inserting after paragraph (3)
the following new paragraphs:
            ``(4) with respect to fiscal year 2007--
                    ``(A) for the highway category: $35,248,000,000 in
                outlays; and
                    ``(B) for the mass transit category: $1,785,000,000
                in new budget authority and $8,110,000,000 in outlays;
            ``(5) with respect to fiscal year 2008--
                    ``(A) for the highway category: $36,587,000,000 in
                outlays; and
                    ``(B) for the mass transit category: $1,890,000,000
                in new budget authority and $8,517,000,000 in outlays;
                and
            ``(6) with respect to fiscal year 2009--
                    ``(A) for the highway category: $37,682,000,000 in
                outlays; and
                    ``(B) for the mass transit category: $2,017,000,000
                in new budget authority and $8,968,000,000 in
                outlays;''.
    (b) Definitions.--Section 250(c)(4) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
            (1) in subparagraph (B), by--
                    (A) striking ``the Transportation Equity Act for
                the 21st Century and the Surface Transportation
                Extension Act of 2003'' and inserting ``the
                Transportation Equity Act: A Legacy for Users''; and
                    (B) inserting before the period at the end the
                following new clauses:
                    ``(v) 69-8158-0-7-401 (Motor Carrier Safety
                Grants).
                    ``(vi) 69-8159-0-7-401 (Motor Carrier Safety
                Operations and Programs).'';
            (2) in subparagraph (C), by--
                    (A) inserting ``(and successor accounts)'' after
                ``budget accounts''; and
                    (B) striking ``the Transportation Equity Act for
                the 21st Century and the Surface Transportation
                Extension Act of 2003 or for which appropriations are
                provided pursuant to authorizations contained in those
                Acts (except that appropriations provided pursuant to
                section 5338(h) of title 49, United States Code, as
                amended by the Transportation Equity Act for the 21st
                Century, shall not be included in this category)'' and
                inserting ``the Transportation Equity Act: A Legacy for
                Users or for which appropriations are provided pursuant
                to authorizations contained in that Act''; and
            (3) in subparagraph (D)(ii), by striking ``section 8103 of
        the Transportation Equity Act for the 21st Century'' and
        inserting ``section 8103 of the Transportation Equity Act: A
        Legacy for Users''.

SEC. 3. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING WITH REVENUES.

    Subparagraphs (B) through (E) of section 251(b)(1) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are amended to read as
follows:
                    ``(B) Adjustment to align highway spending with
                revenues.--(i) When the President submits the budget
                under section 1105 of title 31, United States Code, OMB
                shall calculate and the budget shall make adjustments
                to the highway category for the budget year and each
                outyear as provided in clause (ii)(I)(cc).
                    ``(ii)(I)(aa) OMB shall take the actual level of
                highway receipts for the year before the current year
                and subtract the sum of the estimated level of highway
                receipts in subclause (II) plus any amount previously
                calculated under item (bb) for that year.
                    ``(bb) OMB shall take the current estimate of
                highway receipts for the current year and subtract the
                estimated level of receipts for that year.
                    ``(cc) OMB shall add one-half of the sum of the
                amount calculated under items (aa) and (bb) to the
                obligation limitations set forth in the section 8103 of
                the Transportation Equity Act: A Legacy for Users and,
                using current estimates, calculate the outlay change
                resulting from the change in obligations for the budget
                year and the first outyear and the outlays flowing
                therefrom through subsequent fiscal years. After making
                the calculations under the preceding sentence, OMB
                shall adjust the amount of obligations set forth in
                that section for the budget year and the first outyear
                by adding one-half of the sum of the amount calculated
                under items (aa) and (bb) to each such year.
                    ``(II) The estimated level of highway receipts for
                the purposes of this clause are--
                            ``(aa) for fiscal year 2004,
                        $30,572,000,000;
                            ``(bb) for fiscal year 2005,
                        $34,260,000,000;
                            ``(cc) for fiscal year 2006,
                        $35,586,000,000;
                            ``(dd) for fiscal year 2007,
                        $36,570,000,000;
                            ``(ee) for fiscal year 2008,
                        $37,603,000,000; and
                            ``(ff) for fiscal year 2009,
                        $38,651,000,000.
                    ``(III) In this clause, the term `highway receipts'
                means the governmental receipts credited to the highway
                account of the Highway Trust Fund.
            ``(C) In addition to the adjustment required by
        subparagraph (B), when the President submits the budget under
        section 1105 of title 31, United States Code, for fiscal year
        2006, 2007, 2008, or 2009, OMB shall calculate and the budget
        shall include for the budget year and each outyear an
        adjustment to the limits on outlays for the highway category
        and the mass transit category equal to--
                    ``(i) the outlays for the applicable category
                calculated assuming obligation levels consistent with
                the estimates prepared pursuant to subparagraph (D), as
                adjusted, using current technical assumptions; minus
                    ``(ii) the outlays for the applicable category set
                forth in the subparagraph (D) estimates, as adjusted.
            ``(D)(i) When OMB and CBO submit their final sequester
        report for fiscal year 2004, that report shall include an
        estimate of the outlays for each of the categories that would
        result in fiscal years 2005 through 2009 from obligations at
        the levels specified in section 8103 of the Transportation
        Equity Act: A Legacy for Users using current assumptions.
            ``(ii) When the President submits the budget under section
        1105 of title 31, United States Code, for fiscal year 2006,
        2007, 2008, or 2009, OMB shall adjust the estimates made in
        clause (i) by the adjustments by subparagraphs (B) and (C).
            ``(E) OMB shall consult with the Committees on the Budget
        and include a report on adjustments under subparagraphs (B) and
        (C) in the preview report.''.

SEC. 4. LEVEL OF OBLIGATION LIMITATIONS.

    (a) Highway Category.--For the purposes of section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the level of
obligation limitations for the highway category is--
            (1) for fiscal year 2004, $34,309,000,000;
            (2) for fiscal year 2005, $35,671,000,000;
            (3) for fiscal year 2006, $36,719,000,000;
            (4) for fiscal year 2007, $37,800,000,000;
            (5) for fiscal year 2008, $38,913,000,000; and
            (6) for fiscal year 2009, $40,061,000,000.
    (b) Mass Transit Category.--For the purposes of section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985, the
level of obligation limitations for the mass transit category is--
            (1) for fiscal year 2004, $7,266,000,000;
            (2) for fiscal year 2005, $7,750,000,000;
            (3) for fiscal year 2006, $8,266,000,000;
            (4) for fiscal year 2007, $8,816,000,000;
            (5) for fiscal year 2008, $9,403,000,000; and
            (6) for fiscal year 2009, $10,029,000,000.
For purposes of this subsection, the term ``obligation limitations''
means the sum of budget authority and obligation limitations.

SEC. 5. ADVANCE APPROPRIATIONS.

    Section 251 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by adding at the end the following new
subsection:
    ``(d) Advance Appropriations.--In any of fiscal years 2005 through
2007, discretionary advance appropriations provided in appropriation
Acts in excess of $23,558,000,000 shall be counted against the
discretionary spending limits for the fiscal year for which the
appropriation Act containing the advance appropriation is enacted.''.

SEC. 6. DEFINITIONS.

    (a) In General.--Section 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by adding at the end
the following new paragraphs:
            ``(20) The term `advance appropriation' means
        appropriations that first become available one fiscal year or
        more beyond the fiscal year for which an appropriation Act
        making such funds available is enacted.
            ``(21)(A) Except as provided by subparagraph (B), the term
        `emergency requirement' means any provision that provides new
        budget authority and resulting outlays for a situation that
        poses a threat to life, property, or national security and is--
                    ``(i) sudden, quickly coming into being, and not
                building up over time;
                    ``(ii) an urgent, pressing, and compelling need
                requiring immediate action;
                    ``(iii) subject to subparagraph (B), unforeseen,
                unpredictable, and unanticipated; and
                    ``(iv) not permanent, temporary in nature.
            ``(B) An emergency that is part of an aggregate level of
        anticipated emergencies, particularly when normally estimated
        in advance, is not unforeseen.''.
    (b) Fire Suppression; Contingency Operations Related to Global War
on Terrorism.--Section 251(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by adding at the end the
following new subparagraph:
                    ``(I) Fire suppression.--(i) If a bill or joint
                resolution is enacted that provides new budget
                authority for wildland fire suppression for fiscal year
                2005 or fiscal year 2006 that would cause the level of
                total new budget authority for wildland fire
                suppression to exceed the base amount for that fiscal
                year, the adjustment for that fiscal year shall be the
                additional new budget authority provided for such
                purpose and the additional outlays flowing from such
                amounts, but shall not exceed--
                            ``(I) for the Forest Service for fiscal
                        year 2005 or fiscal year 2006 (as applicable),
                        $400,000,000; and
                            ``(II) for the Department of the Interior
                        for fiscal year 2005 or fiscal year 2006 (as
                        applicable), $100,000,000.
                    ``(ii) For this subparagraph, the term ``base
                amount'' refers to the average of the obligations of
                the 10 fiscal years preceding the current year for
                wildfire suppression in the Forest Service and in the
                Department of the Interior, as calculated by OMB, but
                for fiscal year 2005 the base amount is $880,000,000.
                    ``(J) Contingency operations related to global war
                on terrorism.--If, for fiscal year 2005, supplemental
                appropriations for discretionary accounts are enacted
                for contingency operations related to the global war on
                terrorism that, pursuant to this subparagraph, the
                President designates as a contingency operation related
                to the global war on terrorism and the Congress so
                designates in statute, the adjustment shall be the
                total of such appropriations in discretionary accounts
                so designated, but not to exceed $50,000,000,000, and
                the outlays flowing in all fiscal years from such
                appropriations.''.
    (c) Conforming Amendment.--The second sentence of section
250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985 is amended to read as follows: ``The general purpose
discretionary category shall consist of accounts designated in the
joint explanatory statement of managers accompanying the conference
report on the Spending Control Act of 2004.''.

SEC. 7. PROJECTIONS UNDER SECTION 257.

    Section 257(c) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by inserting after paragraph (6) the following
new paragraph:
            ``(7) Emergencies.--New budgetary resources designated
        under section 251(b)(2)(A) or 251(b)(2)(J) shall not be assumed
        beyond the fiscal year for which they have been enacted.''.

SEC. 8. REPORTS.

    Subsections (c)(2) and (f)(2)(A) of section 254 of the Balanced
Budget and Emergency Deficit Control Act of 1985 are amended by
striking ``2002'' and inserting ``2006 (or 2009 solely for purposes of
enforcing the discretionary spending limits for the highway and mass
transit categories)''.

SEC. 9. EXPIRATION.

    Section 275(b) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended by striking ``2002'' and inserting ``2006 (or
2009 solely for purposes of enforcing the discretionary spending limits
for the highway and mass transit categories)''.

Summary: Discretionary Spending Control Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to: (1) revise for FY 2004 discretionary spending limits for the highway and mass transit categories. (2) set forth for FY 2005 and 2006 new budget authority and outlays for the general purpose discretionary category, outlays for the highway category and new budget authority and outlays for the mass transit category. And (3) set forth for FY 2007 through 2009 outlays for the highway category and new budget authority and outlays for the mass transit category. Revises the requirement that the Office of Management and Budget (OMB) make adjustments to the highway category to conform to estimated levels of highway receipts. Sets forth the level of obligation limitations for the highway and mass transit categories for FY 2004 through 2009. Provides that, in any of FY 2005 through 2006, discretionary advance appropriations provided in appropriation Acts in excess of $23,558 billion shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted. Provides, under specified conditions, for additional new budget authority in FY 2005 or 2005 for fire suppression and for an adjustment in the discretionary spending limit for FY 2005 for supplemental appropriations for the global war on terrorism. Requires the estimates set forth in the discretionary sequestration preview and final reports issued by OMB and the Congressional Budget Office (CBO) to include the current year and each subsequent year through FY 2006 . Extends certain budget enforcement requirements through FY 2006 .

To amend part C of the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Safe Corridors Act''.

SEC. 2. STATEMENT OF PURPOSE.

    The purpose of this Act is to fund programs that establish
corridors of safety for senior citizens in crime-troubled areas.

SEC. 3. GRANTS PROGRAMS TO ESTABLISH CORRIDORS OF SAFETY FOR SENIOR
              CITIZENS.

    Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended--
            (1) by redesignating part Q as part R;
            (2) by redesignating section 1701 as section 1801; and
            (3) by inserting after part P the following new part:

   ``PART Q--PROGRAMS TO ESTABLISH SAFE CORRIDORS FOR SENIOR CITIZENS

``SEC. 1701. GRANT AUTHORIZATION.

    ``(a) In General.--The Director of the Bureau of Justice Assistance
may make grants under this part to States, and to units of local
government with populations of more than 100,000 individuals, to fund
programs that create corridors of safety for senior citizens in high-
density senior citizen areas.
    ``(b) Uses of Funds.--Funds distributed under this part shall be
used to fund programs that seek to decrease violent crimes against
senior citizens by increasing the numbers, protective presence, and
watchfulness of police, community group members, and others, and the
watchfulness of business owners and employees, in high-density senior
citizen areas. Programs may include escorting senior citizens.

``SEC. 1702. APPLICATIONS.

    ``(a) In General.--To request a grant under this part, a State, or
a unit of local government with a population of more than 100,000
individuals, shall submit an application to the Director in the form
and containing the information that the Director reasonably requires.
    ``(b) Approval.--The Director shall approve or disapprove each
application made under subsection (a) within 60 days after the date
that the application is received by the Bureau of Justice Assistance.

``SEC. 1703. CRITERIA.

    ``(a) Criteria.--In order to receive a grant under this part, an
applicant shall--
            ``(1) demonstrate that there is significant violent crime
        against senior citizens in the high-density senior citizen
        areas that will be affected by the applicant's program;
            ``(2) state the number of senior citizens who will be
        served by the applicant's program, and define which individuals
        will be considered senior citizens for purposes of the program;
            ``(3) describe the manner in which the applicant, including
        the applicant's local governments and police, will involve
        other sectors of the community, including local businesses,
        community groups, religious institutions, and law enforcement
        personnel such as transit and public housing officers, in the
        applicant's program; and
            ``(4) comply with any other requirement established by the
        Director for purposes of this section.
    ``(b) Application of Criteria.--
            ``(1) In general.--The Director shall determine which
        applicants receive funding under this part based on the
        criteria referred to in subsection (a).
            ``(2) Priority.--If 2 applicants demonstrate equal need
        under the criteria referred to in paragraphs (1), (2), and (4)
        of subsection (a), the applicant whose proposed program shows
        the greatest amount and diversity of community involvement, as
        described in paragraph (3) of such subsection, shall be given
        priority in receiving a grant under this part.

``SEC. 1704. LIMIT ON AMOUNT OF GRANT.

    ``(a) In General.--The amount of a grant made under this part may
not exceed 75 percent of the total costs, for the period for which the
grant is received, of the program funded by the grant.
    ``(b) Waiver of Requirement.--The Director may waive the
requirement of subsection (a) for a grant made to an applicant that is
a unit of local government, if the Director finds that--
            ``(1) the applicant has a compelling need for the program
        for which it is applying for funding under this part; and
            ``(2) the applicant has severe financial problems.

``SEC. 1705. REPORTS BY GRANT RECIPIENTS.

    ``(a) In General.--A State or unit of local government that
receives funding for a program under this part shall submit, by a
deadline established by the Director, an annual report for each fiscal
year for which the funding is received, containing any information the
Director may require regarding the program.
    ``(b) Evaluation of Effect on Crime.--The report required by
subsection (a) with respect to any program shall include an evaluation
of the effect of the program on violent crime against senior citizens
in the high-density senior citizen areas in which the program operates.
    ``(c) Use of Grant Funds for Report.--A State or unit of local
government may spend not more than 2 percent of the funds received
under this part to compile the report required by subsection (a), or to
otherwise comply with subsections (a) and (b).

``SEC. 1706. DEFINITIONS.

    ``For purposes of this part:
            ``(1) The term `applicant' means a State, or a unit of
        local government with a population of over 100,000 individuals,
        that applies for a grant under this part.
            ``(2) The term `Director' means the Director of the Bureau
        of Justice Assistance.
            ``(3) The term `high-density senior citizen area' means an
        area inside, surrounding, or adjacent to facilities or services
        that specialize in availability to senior citizens, such as a
        senior citizen program at a community center, a public housing
        authority or private senior citizen apartment complex, or a
        medical practice providing care to senior citizens.
            ``(4) The term `program' means a program described in
        section 1701(b).''.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 1001(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at
the end the following new paragraph:
            ``(11) There are authorized to be appropriated, to carry
        out part Q, $50,000,000 for fiscal year 1995 and such sums as
        may be necessary for each of the fiscal years 1996 through
        1998.''.
    (b) Technical Amendment.--Section 1001(a)(3) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3793) is amended by
striking ``and O'' and inserting ``O, and Q''.

SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Evaluation of Programs.--Section 801(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3782(b)) is amended by
striking ``and O'' and inserting ``O, and Q''.
    (b) Process for Denied Applications.--Section 802(b) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3783(b)) is
amended in the 1st sentence by striking ``or O'' and inserting ``O, or
Q''.
    (c) Table of Contents.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
prec.) is amended by striking the items relating to part Q and
inserting the following new items:

   ``Part Q--Programs To Establish Safe Corridors for Senior Citizens

        ``Sec. 1701. Grant authorization.
        ``Sec. 1702. Applications.
        ``Sec. 1703. Criteria.
        ``Sec. 1704. Limit on amount of grant.
        ``Sec. 1705. Reports by grant recipients.
        ``Sec. 1706. Definitions.
             ``Part R--Transition--Effective Date--Repealer

        ``Sec. 1801. Continuation of rules, authorities, and
                            proceedings.''.

Summary: Senior Safe Corridors Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to States, and to units of local government with populations exceeding 100,000, to fund programs that create corridors of safety for senior citizens in high-density senior citizen areas. Directs that such grants be used to fund programs that seek to decrease violent crime against senior citizens by increasing the numbers, protective presence, and watchfulness of police, community group members, and others, and the watchfulness of business owners and employees, in high-density senior citizen areas. Specifies that such programs may include escorting senior citizens. Sets forth provisions regarding: (1) application requirements, (2) criteria for application approval and priorities, (3) limits on grant amounts, and (4) reports by grant recipients. Authorizes appropriations.

Senior Safe Corridors Act


SECTION 1. TABLE OF CONTENTS.

    (a) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Table of contents.
Sec. 2. References to title 38, United States Code.
               TITLE I--VETERANS HEALTH-CARE IMPROVEMENTS

Sec. 101. Care for newborn children of enrolled women veterans.
Sec. 102. Outpatient dental care for all former prisoners of war.
Sec. 103. Pay comparability for Director, Nursing Service.
                  TITLE II--VETERANS' BENEFIT PROGRAMS

Sec. 201. Limitation on provision of certain benefits.
Sec. 202. Clarification of procedures regarding disqualification of
                            certain individuals for memorialization in
                            veterans cemeteries.
Sec. 203. Clarification of the period for appealing rulings of the
                            Board of Veterans' Appeals.
           TITLE III--VA PROGRAM ADMINISTRATION IMPROVEMENTS

Sec. 301. Repeal of cap on number of non-career members of senior
                            executive service serving in VA.
Sec. 302. Repeal of preceding-service requirement for VA Deputy
                            Assistant Secretaries.
Sec. 303. Revolving supply fund amendments.
Sec. 304. Redefinition of ``minority group member'' in 38 U.S.C.
                            Sec. 544(d).

SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an
amendment is expressed in terms of an amendment to a section or other
provision, the reference shall be considered to be made to a section or
other provision of title 38, United States Code.

               TITLE I--VETERANS HEALTH-CARE IMPROVEMENTS

SEC. 101. CARE FOR NEWBORN CHILDREN OF ENROLLED WOMEN VETERANS.

    Section 1701 is amended:
            (1) in subsection (6),
                    (A) by striking out ``and'' at the end of paragraph
                (A);
                    (B) by adding ``and'' at the end of paragraph (B);
                and
                    (C) by adding at the end the following new
                paragraph:
                    ``(C) care for newborn children.''; and
            (2) by adding at the end the following new subsection:
                    ``(11) The term ``care for newborn children'' means
                care provided to an infant of a woman veteran enrolled
                in the VA health care system. Such care may be provided
                until the mother is discharged from the hospital after
                delivery of the child or for 14 days after the date of
                birth of the child, whichever period is shorter, and
                only if the Department contracted for the delivery of
                the child.''.

SEC. 102. OUTPATIENT DENTAL CARE FOR ALL FORMER PRISONERS OF WAR.

    Section 1712(a)(1)(F) is amended by striking out ``for a period of
not less than 90 days''.

SEC. 103. PAY COMPARABILITY FOR DIRECTOR, NURSING SERVICE.

    (a) Section 7306(a)(5) is amended by adding at the end thereof,
``The position shall be exempt from the provisions of section 7451 of
this title and shall be paid at the maximum rate payable to a Senior
Executive Service employee under 5 U.S.C. Sec. Sec. 5304(g) and
5382.''.
    (b) Section 7404 (d) is amended by deleting ``section'' the first
time it appears and inserting in its place ``sections 7306(a)(5) and''.

                  TITLE II--VETERANS' BENEFIT PROGRAMS

SEC. 201. LIMITATION ON PROVISION OF CERTAIN BENEFITS.

    (a) Prohibitions.--(1) Section 112 is amended by adding at the end
the following new subsection:
    ``(c) A certificate shall not be furnished under this program on
behalf of a deceased veteran described in section 2411(b) of this
title.''.
    (2) Section 2301 is amended by adding at the end the following new
subsection:
    ``(f) A flag shall not be furnished under this section on behalf of
a deceased veteran described in section 2411(b) of this title.''.
    (3) Section 2306 is amended by adding at the end the following new
subsection:
    ``(f)(1) A headstone or marker shall not be furnished under
subsection (a) for the unmarked grave of an individual described in
section 2411(b) of this title.
    ``(2) A memorial headstone or marker shall not be furnished under
subsection (b) for the purpose of commemorating an individual described
in section 2411(b) of this title.''.
    (b) Effective Date.--The amendments made by this section shall
apply to deaths occurring on or after the date of its enactment.

SEC. 202. CLARIFICATION OF PROCEDURES REGARDING DISQUALIFICATION OF
              CERTAIN INDIVIDUALS FOR MEMORIALIZATION IN VETERANS
              CEMETERIES.

    Section 2411(a)(2) is amended--
            (1) by striking ``The prohibition'' and inserting ``In the
        case of a person described in subsection (b)(1) or (b)(2), the
        prohibition''; and
            (2) by striking ``or finding under subsection (b)'' and
        inserting ``referred to in subsection (b)(1) or (b)(2),
        respectively''.

SEC. 203. CLARIFICATION OF THE PERIOD FOR APPEALING ULINGS OF THE BOARD
              OF VETERANS APPEALS.

    (a) Clarification.--Paragraph (1) of section 7266(a) is amended by
striking ``notice of the decision is mailed pursuant to section 7104(e)
of this title'' and inserting ``a copy of the decision, pursuant to
section 7104(e) of this title, is mailed or sent to the claimant's
representative or, if the claimant is not represented, mailed to the
claimant''.
    (b) Effective Date.--The amendments made by subsection (a) apply to
Board of Veterans' Appeals decisions made on or after the date of
enactment of this Act.

           TITLE III--VA PROGRAM ADMINISTRATION IMPROVEMENTS

SEC. 301. REPEAL OF CAP ON NUMBER OF NON-CAREER MEMBERS OF SENIOR
              EXECUTIVE SERVICE SERVING IN VA.

    (a) Section 709(a) is repealed.
    (b) Section 709 is amended by re-designating subsections (b) and
(c) as subsections (a) and (b), respectively.

SEC. 302. REPEAL OF PRECEDING-SERVICE REQUIREMENT FOR VA DEPUTY
              ASSISTANT SECRETARIES.

    (a) Section 308(d)(2) is repealed.
    (b) Section 308 is amended by deleting ``(1)'' from subsection (d).

SEC. 303. REVOLVING SUPPLY FUND AMENDMENTS.

    Section 8121(a) is amended--
            (1) by adding ``and for medical supplies, equipment, and
        services for the Department of Defense'' after ``Department'';
            (2) in paragraph (2), by adding ``of the Department and the
        Department of Defense'' after ``appropriations''; and
            (3) in paragraph (3), by adding ``of the Department and the
        Department of Defense'' after ``appropriations''.

SEC. 304. REDEFINITION OF ``MINORITY GROUP MEMBER'' IN 38 U.S.C.
              Sec. 544(D).

    Section 544(d) is amended to read as follows:
    ``(d) In this section, the term `minority group member' means an
individual who is--
            ``(1) American Indian or Alaska Native;
            ``(2) Asian;
            ``(3) African American;
            ``(4) Native Hawaiian or other Pacific Islander; or
            ``(5) Hispanic, Spanish, or Latino.''.

Summary: Revises Federal veterans' programs to: (1) include care for newborn children among medical services provided under the Department of Veterans Affairs health care program for an enrolled woman veteran. (2) require outpatient dental care for all former prisoners of war. (3) set the pay for the Director of Nursing Service at the maximum rate payable to a Senior Executive Service member. (4) prohibit a veteran's honorable service certificate from being awarded on behalf of a veteran convicted of a Federal or State crime. (5) repeal a limitation on the number of non-career members serving in the Department. (6) repeal a requirement for at least five years of continuous Federal service prior to appointment as a Department Deputy Assistant Secretary. (7) allow the Department's operation and maintenance revolving supply fund to be used for medical supplies, equipment, and services for the Department of Defense. And (8) include Spanish or Latino individuals under the definition of a minority group member for purposes of the Department's Advisory Committee on Minority Veterans.

A bill to amend title 38, United States Code, to enhance veterans' programs and the ability of the Department of Veterans Affairs to administer them.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Governors Island Preservation and
Development Act of 1998''.

SEC. 2. GOVERNORS ISLAND COMMISSION.

    Title I of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 751 et seq.) is amended by adding at the end the
following:

``SEC. 113. GOVERNORS ISLAND COMMISSION.

    ``(a) Establishment.--There is established a commission to be known
as the `Governors Island Commission' (referred to in this section as
the `Commission').
    ``(b) Membership.--
            ``(1) In general.--The Commission shall be composed of 11
        members, of whom--
                    ``(A) 1 shall be the Administrator of General
                Services (or a designee);
                    ``(B) 1 shall be the Secretary of the Interior (or
                a designee);
                    ``(C) 1 shall be the Commandant of the Coast Guard
                (or a designee); and
                    ``(D) 8 shall be individuals appointed by the
                President not later than 60 days after the date of
                enactment of this section, of whom--
                            ``(i) 2 shall be appointed from among
                        individuals recommended, not later than 30 days
                        after the date of enactment of this section, by
                        the Governor of the State of New York;
                            ``(ii) 2 shall be appointed from among
                        individuals recommended, not later than 30 days
                        after the date of enactment of this section, by
                        the mayor of the city of New York, New York;
                            ``(iii) 1 shall be appointed from among
                        individuals recommended, not later than 30 days
                        after the date of enactment of this section, by
                        the speaker of the city council of the city of
                        New York, New York;
                            ``(iv) 1 shall be a representative of a
                        national historic preservation organization;
                        and
                            ``(v) 2 shall be other individuals that
                        meet the qualifications stated in paragraph
                        (3).
            ``(2) Failure to make recommendations.--If the Governor of
        the State of New York, mayor of the city of New York, New York,
        or speaker of the city council of the city of New York, New
        York, fails to submit recommendations under clause (i), (ii),
        or (iii) of paragraph (1)(D) on or before the date that is 30
        days after the date of enactment of this section, the President
        shall proceed expeditiously to appoint a member or members, as
        the case may be, under that clause and may do so without regard
        to any recommendation that may be made under that clause after
        that date.
            ``(3) Qualifications to be considered.--In appointing
        members of the Commission under paragraph (1), the President
        shall consider New York State residents residing in the
        metropolitan New York City area with expertise in economic
        development, the real estate industry, the environment,
        tourism, education, historic properties, and civic
        undertakings.
    ``(c) Chairperson.--The Administrator of General Services shall
serve as chairperson of the Commission.
    ``(d) Compensation; Travel Expenses.--
            ``(1) In general.--Subject to paragraph (2), a member of
        the Commission shall serve without compensation.
            ``(2) Travel expenses.--A member of the Commission shall be
        allowed travel expenses, including per diem in lieu of
        subsistence, at rates authorized for employees of agencies
        under subchapter I of chapter 57 of title 5, United States
        Code, while away from the home or regular place of business of
        the member in the performance of the duties of the Commission.
    ``(e) Administrative Support Services.--The Administrator of
General Services and the heads of other Federal, State, and local
public agencies represented on the Commission shall provide such
administrative and other support services and facilities as the
Commission may require to perform the duties of the Commission.
    ``(f) Duties.--The Commission shall--
            ``(1) conduct meetings and hold hearings in accordance with
        subsection (g);
            ``(2) consider each plan for the disposition of Governors
        Island, New York, that any person or entity may submit to the
        Commission; and
            ``(3) not later than 180 days after the date on which all
        of the members of the Commission have been appointed, submit to
        the President a recommendation for the disposition of Governors
        Island, New York.
    ``(g) Meetings; Hearings.--
            ``(1) Meetings.--The Commission shall conduct its first
        meeting not later than the date that is 15 days after the date
        on which all of the members of the Commission have been
        appointed and at such other times as the chairperson shall
        direct.
            ``(2) Hearings.--The Commission shall conduct at least 4
        hearings at which members of the public shall be entitled to
        present views on the appropriate disposition of Governors
        Island.
            ``(3) Location.--All meetings and hearings conducted by the
        Commission shall be conducted in the city of New York, New
        York.
    ``(h) Recommendation.--The recommendation of the Commission for
disposition of Governors Island shall include specific proposals for--
            ``(1) the retention of ownership, in whole or in part, by
        the United States or the sale or transfer to State, city, or
        local public or private entities of all of or portions of the
        Island;
            ``(2) the rehabilitation, maintenance, and management of
        structures of national historic significance by the National
        Park Service or other public or private entities;
            ``(3) the use of portions of the Island for commercial
        activities, recreational activities, or private or public
        educational or residential purposes and other uses;
            ``(4) the appropriate proportions of Federal, State, and
        local public and private transitional funding and other
        assistance that will be required to make the recommended
        disposition economically feasible;
            ``(5) waiver of any provision of this Act or any other law
        the application of which the Commission determines would
        preclude or unduly interfere with the optimum future use of
        Governors Island; and
            ``(6) any Federal, State, or local legislation or
        regulation that may be necessary to allow implementation of the
        recommendation.
    ``(i) Implementation.--Notwithstanding or any other provision of
this Act or any other law--
            ``(1) the President shall have authority to implement a
        recommendation under subsection (f)(2); and
            ``(2) not later than 30 days after the date on which the
        Commission submits the recommendation, the President shall
        proceed to implement the recommendation, with such
        modifications as the President considers appropriate.
    ``(j) Termination.--The Commission shall cease to exist on the date
that is 30 days after the date on which the Commission submits a
recommendation under subsection (f)(2).''.

SEC. 3. REPEAL.

    The Balanced Budget Act of 1997 is amended by striking section 9101
(111 Stat. 670).

SEC. 4. TRANSFER OF SIGNIFICANT HISTORIC STRUCTURES TO THE NATIONAL
              PARK SERVICE.

    (a) In General.--Administrative jurisdiction over the structures
described in subsection (b) and adjacent grounds is transferred to the
Secretary of the Interior, acting through the Director of the National
Park Service (referred to in this section as the ``Secretary'').
    (b) Historic Structures.--The structures referred to in subsection
(a) are the following structures on Governors Island, New York:
            (1) Castle Williams.
            (2) Fort Jay.
            (3) The Admiral's Headquarters.
            (4) The Governor's House.
            (5) The Block House.
    (c) Plan.--Not later than the date on which the Governors Island
Commission submits its recommendation to the President under section
113(f)(2) of the Federal Property and Administrative Services Act of
1949, as added by section 2, the Secretary shall submit to Congress a
plan for inclusion of the structures described in subsection (b) in the
National Park System.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated, for maintenance and
preservation of Governors Island and its structures by the Coast Guard
and the National Park Service--
            (1) $12,000,000 for fiscal year 1999; and
            (2) such sums as are necessary for fiscal year 2000 and
        each fiscal year thereafter.

Summary: Governors Island Preservation and Development Act of 1998 - Establishes the Governors Island Commission to: (1) conduct meetings and hold hearings in accordance with this Act. (2) consider each plan for the disposition of Governors Island, New York, that any person or entity may submit to the Commission. And (3) within 180 days after all of the members of the Commission have been appointed, submit to the President a recommendation for the disposition of Governors Island, New York. Repeals provisions of the Balanced Budget Act of 1997 providing for the sale of the Island. Provides for the transfer of administrative jurisdiction to the Secretary of the Interior, acting through the Director of the National Park Service, over the following structures and adjacent grounds on: (1) Castle Williams, (2) Fort Jay, (3) the Admiral's Headquarters, (4) the Governor's House. And (5) the Block House. Requires the Secretary of the Interior to submit to the Congress a plan for inclusion of the structures in the National Park System by the date on which the Commission submits its recommendation to the President. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Creating Opportunities for Military
Members to Use Transportation Efficiently Act of 2014'' or the
``COMMUTE Act of 2014''.

SEC. 2. MILITARY COMMUNITY INFRASTRUCTURE PROGRAM.

    (a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall establish a Military
Community Infrastructure Program under which the Secretary may provide
grants to eligible entities for transportation infrastructure
improvement projects in military communities.
    (b) Application.--To be eligible for a grant under the Program, an
eligible entity shall submit to the Secretary an application at such
time, in such form, and containing such information as the Secretary
may require.
    (c) Eligible Projects.--
            (1) In general.--Grants awarded under the Program may be
        used for transportation infrastructure improvement projects,
        including--
                    (A) the construction of roads;
                    (B) the construction of mass transit and parking
                facilities;
                    (C) the construction of, or upgrades to, pedestrian
                access and bicycle access; and
                    (D) upgrades to public transportation systems.
            (2) Location.--To be eligible for a grant under the
        Program, a project described in paragraph (1) shall be--
                    (A) related to improving access to a military
                installation, as determined by the Secretary; and
                    (B) in a location that is--
                            (i) within or abutting an urbanized area
                        (as designated by the Bureau of the Census);
                        and
                            (ii) designated as a growth community by
                        the Office of Economic Adjustment.
    (d) Considerations.--In awarding grants under the Program, the
Secretary shall give consideration to--
            (1) the magnitude of the problem addressed by the project;
            (2) the proportion of the problem addressed by the project
        that is caused by military installation growth since the year
        2000;
            (3) the number of servicemembers and civilian employees of
        the Department of Defense affected by the problem addressed by
        the project;
            (4) the size of the community affected by the problem
        addressed by the project;
            (5) the ability of the relevant eligible entity to execute
        the project; and
            (6) the extent to which the project resolves the
        transportation problem addressed.
    (e) Federal Share.--The Federal share of the cost of a project
carried out using grant amounts made available under the Program may
not exceed 80 percent.

SEC. 3. TRAFFIC IMPACT STUDY.

    (a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall conduct a traffic impact study for any
urbanized area (as designated by the Bureau of the Census) that expects
a significant increase in traffic related to a military installation
within or abutting the urbanized area.
    (b) Contents.--A traffic impact study under subsection (a) shall
determine any transportation improvements needed because of an increase
in the number of military personnel, including study of commute sheds
affected by installation-related traffic.
    (c) Consultation.--In developing a traffic impact study under
subsection (a), the Secretary shall consult with--
            (1) the metropolitan planning organization or regional
        transportation planning organization with jurisdiction over the
        urbanized area; and
            (2) the commander of the appropriate military installation.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or political subdivision thereof;
                    (B) an owner or operator of public transportation;
                    (C) a local governmental authority (as such term is
                defined in section 5302 of title 49, United States
                Code);
                    (D) a metropolitan planning organization; or
                    (E) a regional transportation planning
                organization.
            (2) Metropolitan planning organization and regional
        transportation planning organization.--The terms ``metropolitan
        planning organization'' and ``regional transportation planning
        organization'' have the meanings given those terms in section
        134(b) of title 23, United States Code.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Defense, acting through the Director of the Office of
        Economic Adjustment.
            (4) State.--The term ``State'' means each of the several
        States, the District of Columbia, and any territory or
        possession of the United States.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated, to carry out this Act,
$200,000,000 for fiscal year 2015 and $100,000,000 for each of fiscal
years 2016 through 2019, to remain available until expended.

Summary: Creating Opportunities for Military Members to Use Transportation Efficiently Act of 2014 or the COMMUTE Act of 2014 - Directs the Secretary of Defense, acting through the Director of the Office of Economic Adjustment, to establish a Military Community Infrastructure Program to provide grants to a state or political subdivision, a public transportation owner or operator, a local governmental authority, a metropolitan planning organization (MPO), or a regional transportation planning organization for transportation infrastructure improvement projects in military communities. Directs the Secretary to conduct a traffic impact study for any urbanized area that expects a significant increase in traffic due to a military installation within or abutting such area.

COMMUTE Act of 2014