SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High-End Computing Revitalization
Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) high-end computing is a critical component of the
        scientific advances, defense capabilities, and commercial
        competitiveness of the United States in the 21st century;
            (2) with the deployment of the Earth System Simulator in
        Japan, the United States no longer has a clear lead in high-end
        computing worldwide;
            (3)(A) promising new architectures should be developed that
        increase memory and network bandwidth, minimize latency, and
        coordinate the architectures' various components to maximize
        application performance; and
            (B) it is recognized that different architectures may be
        better suited to different applications;
            (4)(A) software that improves efficiency on and
        accessibility to high-end systems should be developed; and
            (B) this development effort should include research in
        optimal algorithms, programming environments, tools, languages,
        and operating systems for high-end computing, in collaboration
        with architecture development efforts;
            (5) without government support, market forces are unlikely
        to drive sufficient innovation in high-end computing, because
        the private sector would not capture the full value of its
        innovations on a short enough time frame; and
            (6) having played an important role in the development of
        high-end computing, networking, and information technology, the
        Department of Energy, and the research programs of the Office
        of Science of the Department, are particularly qualified to
        lead research in those fields.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) High-end computing system.--
                    (A) In general.--The term ``high-end computing
                system'' means a computing system with performance that
                substantially exceeds commonly available systems.
                    (B) Inclusions.--The term ``high-end computing
                system'' includes a system described in subparagraph
                (A) that is based on a variety of architectures,
                including vector, reconfigurable logic, streaming,
                processor-in-memory, and multithreading architectures.
            (2) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given the
        term in section 101(a) of the Higher Education Act of 1965 (20
        U.S.C. 1001(a)).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Energy, acting through the Director of the Office of Science
        of the Department of Energy.
            (4) Ultrascale scientific computing capability.--The term
        ``ultrascale scientific computing capability'' means a
        computing capability supporting open scientific research in the
        United States that is at least 100 times such computing
        capability in existence on the date of enactment of this Act.

SEC. 4. HIGH-END COMPUTING SYSTEMS PROGRAM.

    (a) In General.--In addition to any other authority provided by
law, the Secretary shall carry out a program of research and
development (involving software and hardware) to advance high-end
computing systems.
    (b) Duties.--In carrying out the program, the Secretary shall--
            (1) support both individual investigators and
        multidisciplinary teams of investigators;
            (2) conduct research in multiple architectures, including
        vector, reconfigurable logic, streaming, processor-in-memory,
        and multithreading architectures;
            (3) conduct research in software development on optimal
        algorithms, programming environments, tools, languages, and
        operating systems for high-end computing systems, in
        collaboration with architecture development efforts;
            (4) in accordance with subsection (c), develop, plan,
        construct, acquire, or operate equipment or facilities for the
        use of investigators conducting research and development on an
        ultrascale scientific computing capability;
            (5) support technology transfer to the private sector and
        others in accordance with applicable law; and
            (6) ensure that the program is coordinated with relevant
        activities in industry and other Federal agencies, including
        the National Nuclear Security Administration, the National
        Science Foundation, the Defense Advanced Research Projects
        Agency, and the National Security Agency.
    (c) Ultrascale Scientific Computing Capability.--
            (1) In general.--As part of the program carried out under
        this Act, the Secretary shall develop, plan, construct,
        acquire, or operate a coordinated set of facilities for
        investigators to develop an ultrascale scientific computing
        capability for--
                    (A) scientific research and development using high-
                end computing systems; and
                    (B) developing potential advancements in high-end
                computing system architecture and software.
            (2) Administration.--In carrying out this subsection, the
        Secretary shall--
                    (A) support multiple high-end computing system
                architectures; and
                    (B) conduct research on the basis of proposals
                (including proposals that are submitted by industry,
                institutions of higher education, national
                laboratories, or any Federal agency) for research on
                problems that would particularly benefit from large
                computing power, even as the reliability of new
                hardware and software components are being evaluated.
    (d) High-End Software Development Center.--
            (1) In general.--As part of the program carried out under
        this Act, the Secretary shall develop, plan, construct,
        acquire, or operate at least 1 High-End Software Development
        Center.
            (2) Duties.--A Center shall concentrate efforts to develop,
        test, maintain, and support optimal algorithms, programming
        environments, tools, languages, and operating systems for high-
        end computing systems.
            (3) Staff.--A Center shall include--
                    (A) a regular research staff, to create a
                centralized knowledge-base for high-end software
                development; and
                    (B) a rotating staff of researchers from other
                institutions and industry to assist in the coordination
                of research efforts and promote technology transfer to
                the private sector.
            (4) Use of expertise.--The Secretary shall use the
        expertise of a Center to assess research and development in
        high-end computing system architecture.
            (5) Location.--The location of a Center shall be determined
        by a competitive proposal process administered by the
        Secretary.
    (e) Peer Review.--Each grant, contract, cooperative agreement, and
financial assistance awarded under this section shall be made only
after independent peer review.
    (f) Classified Research or Facilities.--No funds under this section
may be used to directly support classified research or facilities.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to amounts made available for high-end
computing systems under other provisions of law, there are authorized
to be appropriated to the Secretary to carry out this Act--
            (1) $150,000,000 for fiscal year 2005;
            (2) $155,000,000 for fiscal year 2006;
            (3) $160,000,000 for fiscal year 2007;
            (4) $165,000,000 for fiscal year 2008; and
            (5) $170,000,000 for fiscal year 2009.
    (b) Ultrascale Scientific Computing Capability.--Of the funds made
available under subsection (a), $100,000,000 is authorized to be
appropriated for each fiscal year to carry out section 4(c).
    (c) High-End Software Development Center.--Of the funds made
available under subsection (a), $10,000,000 is authorized to be
appropriated for each fiscal year to carry out section 4(d).

Summary: High-End Computing Revitalization Act of 2004 - Instructs the Secretary of Energy to implement a research and development program to advance high-end computing systems, including establishment of a coordinated set of facilities for investigators to develop ultrascale scientific computing capability for: (1) scientific research and development using high-end computing systems. And (2) development of potential advancements in high-end computing system architecture and software. Requires such program to include establishment of at least one High-End Software Development Center.

A bill to require the Secretary of Energy to carry out a program of research and development to advance high-end computing.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United Nations Population Fund
(UNFPA) Funding Act of 1999''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The renewed commitment of the world community to the
        formulation of government policies that contribute to global
        population stabilization and to improvements in the status of
        women owes much to the efforts of the United Nations and its
        specialized agencies and organizations, particularly the United
        Nations Population Fund (UNFPA).
            (2) Over one-half of the UNFPA's assistance is devoted to
        maternal and child health programs, including the provision of
        family planning services, and it is a major supplier of modern
        methods of contraception. UNFPA also supports efforts aimed at
        preventing the spread of HIV/AIDS and other sexually-
        transmitted diseases and activities aimed specifically at
        enhancing the status of women.
            (3) UNFPA does not fund abortion services, rather, UNFPA
        seeks to reduce the incidence of abortion by improving access
        to contraceptive services and to reduce deaths and injuries
        related to unsafe abortion by supporting treatment of women
        suffering from its complications.
            (4) Operating in over 160 nations in all regions of the
        world and as a politically neutral source of funds, UNFPA
        complements the important work of the United States Agency for
        International Development population assistance program.
            (5) As a result of the withdrawal of the United States
        contribution to UNFPA as of 1999, it is estimated that 870,000
        women in the developing world will be deprived of effective
        modern contraception, leading to 500,000 unintended
        pregnancies, 234,000 births, 200,000 abortions, and thousands
        of maternal and child deaths.
            (6) Many global environmental problems, including water
        shortages, pollution, tropical deforestation, and the loss of
        wildlife habitat are linked to rapid population growth. UNFPA
        has assisted countries around the world plan for and slow
        population growth, therefore reducing its effects on the
        environment.
            (7) Assistance provided by UNFPA conforms to the principle,
        affirmed at the 1994 International Conference on Population and
        Development by 180 nations, including the United States, that
        ``all couples and individuals have the basic right to decide
        freely and responsibly the number and spacing of their children
        and to have the information, education, and means to do so.''.
            (8) UNFPA opposes coercion in any form. All of UNFPA's
        programs are designed in conformity with universally recognized
        human rights principles.
            (9) An appropriate way to express the legitimate concerns
        of the United States Government about the population policies
        of the People's Republic of China is by placing those concerns
        on the bilateral agenda along with other important human rights
        issues, not by singling out a United Nations agency by
        withholding all funding thereby punishing the women and
        families around the world who depend on its humanitarian aid.
            (10) UNFPA can and should play a constructive role in
        helping to reduce the incidence of coercive practices in China
        through its new country program that aims to expand voluntarism
        and contraceptive method choice, to strengthen a broader range
        of reproductive health services, and to enhance the status of
        women.

SEC. 3. RESTORATION OF THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE
              UNITED NATIONS POPULATION FUND.

    In addition to amounts otherwise available to carry out the
purposes of chapter 3 of part 1 of the Foreign Assistance Act of 1961,
there are authorized to be appropriated $25,000,000 for fiscal year
2000 and $35,000,000 for fiscal year 2001 to be available only for
United States voluntary contributions to the United Nations Population
Fund.

SEC. 4. LIMITATION ON THE UNITED STATES VOLUNTARY CONTRIBUTION TO THE
              UNITED NATIONS POPULATION FUND.

    (a) Limitation.--Notwithstanding any other provision of law, of the
funds appropriated for voluntary contributions to the United Nations
Population Fund for each of the fiscal years 2000 and 2001, an amount
equal to the amount allocated by the United Nations Population Fund for
the country program in the People's Republic of China during each
fiscal year shall be withheld from obligation and expenditure unless
during such fiscal year, the President submits to the appropriate
congressional committees the certification described in subsection (b).
    (b) Certification.--The President shall certify that the country
program of the United Nations Population Fund in the People's Republic
of China--
            (1) focuses on improving the delivery of voluntary family
        planning information and services;
            (2) is designed in conformity with the human rights
        principles affirmed at the International Conference on
        Population and Development with the support of 180 nations
        including the United States;
            (3) is implemented only in counties of the People's
        Republic of China where all quotas and targets for the
        recruitment of program participants have been abolished and the
        use of coercive measures has been eliminated;
            (4) is carried out in consultation with and under the
        oversight and approval of the UNFPA executive board, including
        the United States representative;
            (5) is subject to regular, independent monitoring to ensure
        compliance with the principles of informed consent and
        voluntary participation; and
            (6) suspends operations in project counties found to be in
        violation of program guidelines.

Summary: United Nations Population Fund (UNFPA) Funding Act of 1999 - Authorizes appropriations for FY 2000 and 2001 for US voluntary contributions to the United Nations Population Fund. Withholds from the US voluntary contribution to the UNFPA amounts allocated by the UNFPA for the country program in China, unless the President certifies to the appropriate congressional committees that the UNFPA country program in China: (1) focuses on improving the delivery of voluntary family planning information and services. (2) is in conformity with the human rights principles affirmed at the International Conference on Population and Development with the support of 180 nations including the United States. (3) is implemented only in counties of China where all quotas and targets for the recruitment of program participants have been abolished and the use of coercive measures has been eliminated. (4) is carried out in consultation with and under the oversight and approval of the UNFPA executive board, including the US representative. (5) is subject to regular, independent monitoring to ensure compliance with the principles of informed consent and voluntary participation. And (6) suspends operations in project counties found to be in violation of program guidelines.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicaid Fraud Recovery Act of
2008''.

SEC. 2. PROMOTING MEDICAID FRAUD INVESTIGATIONS AND PROSECUTIONS BY
              LOCAL GOVERNMENTS.

    (a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended by adding at the end the following new subsection:
    ``(aa) Use and Funding of Local Fraud Units.--
            ``(1) In general.--Nothing in this title shall be construed
        as preventing a county or other local government from
        establishing a local fraud investigative unit to investigate
        and prosecute provider and recipient fraud under this title
        within the jurisdiction of such local government.
            ``(2) State recognition and funding of local units.--In the
        case of the establishment by a local government of a local
        fraud investigative unit in a State under paragraph (1), the
        State shall provide in its State plan under this title the
        following:
                    ``(A) Recognition of unit.--The plan shall
                recognize such a unit and permit its operations in
                accordance with this subsection and may not establish
                internal procedures that prevent such a unit from being
                recognized or functioning.
                    ``(B) Data sharing required.--The Department of
                Health of the State and any administrative unit
                responsible for claims administration under this title
                in the State shall make available to such unit all data
                relating to this title in the area of such unit.
                    ``(C) Pass-through payment of ffp.--The State shall
                provide for payment, on a pass-through basis, to the
                local government of the Federal financial participation
                received by the State under section 1903(a) which is
                attributable to expenses of such unit.
                    ``(D) Repayment of local share in case of
                recoupment.--In the case of a State in which local
                governments are responsible for paying a portion of
                medical assistance expenses, if there is a recoupment
                of funds under the State plan and--
                            ``(i) the recoupment was a result of
                        activities of such a unit of local government,
                        the State shall provide for payment to the
                        local government of its original share of the
                        expenses for which the recoupment is made; or
                            ``(ii) the recoupment was not the result of
                        activities of such a local government unit, the
                        State shall provide for the payment described
                        in clause (i) to the local government unless
                        otherwise provided under an agreement between
                        the State and local government involved.
                    ``(E) Payment of bounty in case of local
                prosecution.--If funds under the plan are recouped and
                an investigation by such local unit led the recoupment
                of funds, the State shall, from its share of such
                recouped funds, provide for payment to the local
                government of a bounty equal to 10 percent of such
                recouped share.
            ``(3) Explanation for failures to prosecute.--If a State
        refuses to prosecute a case which has been referred to it by a
        local fraud investigative unit described in paragraph (1), the
        State must provide to the unit a statement that--
                    ``(A) explains the reasons for such refusal; and
                    ``(B) identifies which entity is more appropriate
                to handle the prosecution or resolution of the case and
                the reasons for selecting such entity.
            ``(4) Requirement for semi-annual reports.--As a condition
        for the provision of payments to a State (or to a locality
        under paragraph (2)(C)) under subsection (a)(6), the State or
        locality shall submit semiannual reports to the Secretary. Such
        reports shall contain such information on investigations and
        prosecutions of fraud under this title as the Secretary may
        specify.
            ``(5) Method for determination of referrals.--For purposes
        of this subsection, the State shall establish a method for
        determining whether a recoupment of funds was a result of
        activities of a unit of local government and for identifying
        cases in which a local fraud investigative unit has referred a
        case for prosecution.''.

SEC. 3. ENHANCED MEDICAID FUNDING FOR ANTI-FRAUD ACTIVITIES.

    (a) In General.--Section 1903(a)(6)(B) of the Social Security Act
(42 U.S.C. 1396b(a)(6)(B)) is amended by inserting before the semicolon
at the end the following: ``plus, not subject to the limitations of
subsection (b)(3), 66\2/3\ percent of such additional sums expended in
the quarter for fraud investigative activities, whether conducted by
such unit or by local fraud investigative units described in subsection
(aa)(1)''.
    (b) Effective Date.--The amendment made by paragraph (1) shall
apply to expenditures occurring on or after October 1, 2008.

Summary: Medicaid Fraud Recovery Act of 2008 - Amends title XIX (Medicaid) of the Social Security Act to provide for: (1) use of local Medicaid fraud investigative units. And (2) enhanced Medicaid funding for anti-fraud activities by such local or state Medicaid fraud control units.

To amend title XIX of the Social Security Act to strengthen State and local government efforts to investigate and prosecute fraud and abuse in the Medicaid Program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving Support for Missing and
Exploited Children Act of 2017''.

SEC. 2. FINDINGS.

    Section 402 of the Missing Children's Assistance Act (42 U.S.C.
5771) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) each year tens of thousands of children run away, or
        are abducted or removed, from the control of a parent having
        legal custody without such parent's consent, under
        circumstances which immediately place the child in grave
        danger;'';
            (2) by striking paragraphs (4) and (5);
            (3) in paragraph (6) by inserting ``, including child sex
        trafficking and sextortion'' after ``exploitation'';
            (4) in paragraph (8) by adding ``and'' at the end;
            (5) by striking paragraph (9);
            (6) by amending paragraph (10) to read as follows:
            ``(10) a key component of such programs is the National
        Center for Missing and Exploited Children that--
                    ``(A) serves as a nonprofit, national resource
                center and clearinghouse to provide assistance to
                victims, families, child-serving professionals, and the
                general public;
                    ``(B) works with the Department of Justice, the
                Federal Bureau of Investigation, the United States
                Marshals Service, the Department of the Treasury, the
                Department of State, the United States Immigration and
                Customs Enforcement, the United States Secret Service,
                the United States Postal Inspection Service, other
                agencies, and nongovernmental organizations in the
                effort to find missing children and to prevent child
                victimization; and
                    ``(C) coordinates with each of the missing children
                clearinghouses operated by the 50 States, the District
                of Columbia, Puerto Rico, and international
                organizations to transmit images and information
                regarding missing and exploited children to law
                enforcement, nongovernmental organizations, and
                corporate partners across the United States and around
                the world instantly.''; and
            (7) by redesignating paragraphs (6), (7), (8), and (10) as
        paragraphs (4), (5), (6), and (7), respectively.

SEC. 3. DEFINITIONS.

    Section 403 of the Missing Children's Assistance Act (42 U.S.C.
5772) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``legal custodian'' each place it
                appears and inserting ``parent'';
                    (B) in subparagraph (A) by striking ``custodian's''
                and inserting ``parent's''; and
                    (C) in subparagraph (C) by striking the period and
                the end and inserting a semicolon;
            (2) in paragraph (2) by striking ``and'' at the end;
            (3) in paragraph (3) by striking the period at the end and
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(4) the term `parent' includes a legal guardian or other
        individual standing in loco parentis (such as a grandparent or
        stepparent with whom the child lives, or an individual who is
        legally responsible for the child's welfare).''.

SEC. 4. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.

    Section 404 of the Missing Children's Assistance Act (42 U.S.C.
5773) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3) by striking ``telephone line''
                and inserting ``hotline''; and
                    (B) in paragraph (6)(E)--
                            (i) by striking ``telephone line'' and
                        inserting ``hotline'';
                            (ii) by striking ``(b)(1)(A) and'' and
                        inserting ``(b)(1)(A),''; and
                            (iii) by inserting ``, and the number and
                        types of reports to the tipline established
                        under subsection (b)(1)(K)(i)'' before the
                        semicolon at the end;
            (2) in subsection (b)(1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``telephone line'' each
                        place it appears and inserting ``hotline''; and
                            (ii) by striking ``legal custodian'' and
                        inserting ``parent'';
                    (B) in subparagraph (C)--
                            (i) in clause (i)--
                                    (I) by striking ``restaurant'' and
                                inserting ``food''; and
                                    (II) by striking ``and'' at the
                                end;
                            (ii) in clause (ii) by adding ``and'' at
                        the end; and
                            (iii) by adding at the end the following:
                            ``(iii) innovative and model programs,
                        services, and legislation that benefit missing
                        and exploited children;'';
                    (C) by striking subparagraphs (E), (F), and (G);
                    (D) by amending subparagraph (H) to read as
                follows:
                    ``(H) provide technical assistance and training to
                families, law enforcement agencies, State and local
                governments, elements of the criminal justice system,
                nongovernmental agencies, local educational agencies,
                and the general public--
                            ``(i) in the prevention, investigation,
                        prosecution, and treatment of cases involving
                        missing and exploited children;
                            ``(ii) to respond to foster children
                        missing from the State child welfare system in
                        coordination with child welfare agencies and
                        courts handling juvenile justice and dependency
                        matters; and
                            ``(iii) in the identification, location,
                        and recovery of victims of, and children at
                        risk for, child sex trafficking;'';
                    (E) by amending subparagraphs (I), (J), and (K) to
                read as follows:
                    ``(I) provide assistance to families, law
                enforcement agencies, State and local governments,
                nongovernmental agencies, child-serving professionals,
                and other individuals involved in the location and
                recovery of missing and abducted children, both
                nationally, and in cooperation with the Department of
                State, internationally;
                    ``(J) provide support and technical assistance to
                child-serving professionals involved in helping to
                recover missing and exploited children by searching
                public records databases to help in the identification,
                location, and recovery of such children, and help in
                the location and identification of potential abductors
                and offenders;
                    ``(K) provide forensic and direct on-site technical
                assistance and consultation to families, law
                enforcement agencies, child-serving professionals, and
                nongovernmental organizations in child abduction and
                exploitation cases, including facial reconstruction of
                skeletal remains and similar techniques to assist in
                the identification of unidentified deceased
                children;'';
                    (F) by striking subparagraphs (L) and (M);
                    (G) by amending subparagraph (N) to read as
                follows:
                    ``(N) provide training, technical assistance, and
                information to nongovernmental organizations relating
                to non-compliant sex offenders and to law enforcement
                agencies in identifying and locating such
                individuals;'';
                    (H) by striking subparagraph (P);
                    (I) by amending subparagraph (Q) to read as
                follows:
                    ``(Q) work with families, law enforcement agencies,
                electronic service providers, electronic payment
                service providers, technology companies,
                nongovernmental organizations, and others on methods to
                reduce the existence and distribution of online images
                and videos of sexually exploited children--
                            ``(i) by operating a tipline to provide to
                        individuals and electronic service providers an
                        effective means of reporting Internet-related
                        and other instances of child sexual
                        exploitation in the areas of--
                                    ``(I) possession, manufacture, and
                                distribution of child pornography;
                                    ``(II) online enticement of
                                children for sexual acts;
                                    ``(III) child sex trafficking;
                                    ``(IV) sex tourism involving
                                children;
                                    ``(V) extra familial child sexual
                                molestation;
                                    ``(VI) unsolicited obscene material
                                sent to a child;
                                    ``(VII) misleading domain names;
                                and
                                    ``(VIII) misleading words or
                                digital images on the Internet;
                        and subsequently to make such reports available
                        to the appropriate law enforcement agency for
                        its review and potential investigation;
                            ``(ii) by operating a child victim
                        identification program to assist law
                        enforcement agencies in identifying victims of
                        child pornography and other sexual crimes to
                        support the recovery of children from sexually
                        exploitative situations; and
                            ``(iii) by utilizing emerging technologies
                        to provide additional outreach and educational
                        materials to parents and families;'';
                    (J) by striking subparagraph (R);
                    (K) by amending subparagraphs (S) and (T) to read
                as follows:
                    ``(S) develop and disseminate programs and
                information to families, child-serving professionals,
                law enforcement agencies, State and local governments,
                nongovernmental organizations, schools, local
                educational agencies, child-serving organizations, and
                the general public on--
                            ``(i) the prevention of child abduction and
                        sexual exploitation;
                            ``(ii) Internet safety, including tips for
                        social media and cyberbullying; and
                            ``(iii) sexting and sextortion; and
                    ``(T) provide technical assistance and training to
                local educational agencies, schools, State and local
                law enforcement agencies, individuals, and other
                nongovernmental organizations that assist with finding
                missing and abducted children in identifying and
                recovering such children.''; and
                    (L) by redesignating subparagraphs (H), (I), (J),
                (K), (N), (O), (Q), (S), (T), (U), and (V) as
                subparagraphs (E) through (O), respectively.

SEC. 5. GRANTS.

    Section 405 of the Missing Children's Assistance Act (42 U.S.C.
5775) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (7) by striking ``(as defined in
                section 403(1)(A))''; and
                    (B) in paragraph (8)--
                            (i) by striking ``legal custodians'' and
                        inserting ``parents''; and
                            (ii) by striking ``custodians''' and
                        inserting ``parents'''; and
            (2) in subsection (b)(1)(A) by striking ``legal
        custodians'' and inserting ``parents''.

SEC. 6. REPORTING.

    The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is
amended--
            (1) by redesignating sections 407 and 408 as section 408
        and 409, respectively; and
            (2) by inserting after section 406 the following:

``SEC. 407. REPORTING.

    ``(a) Required Reporting.--As a condition of receiving funds under
section 404(b), the grant recipient shall, based solely on reports
received by the grantee and not involving any data collection by the
grantee other than those reports, annually provide to the Administrator
and make available to the general public, as appropriate--
            ``(1) the number of children nationwide who are reported to
        the grantee as missing;
            ``(2) the number of children nationwide who are reported to
        the grantee as victims of non-family abductions;
            ``(3) the number of children nationwide who are reported to
        the grantee as victims of family abductions; and
            ``(4) the number of missing children recovered nationwide
        whose recovery was reported to the grantee.
    ``(b) Incidence of Attempted Child Abductions.--As a condition of
receiving funds under section 404(b), the grant recipient shall--
            ``(1) track the incidence of attempted child abductions in
        order to identify links and patterns;
            ``(2) provide such information to law enforcement agencies;
        and
            ``(3) make such information available to the general
        public, as appropriate.''.

            Passed the House of Representatives May 23, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: This measure has not been amended since it was reported to the House on May 4, 2017. Improving Support for Missing and Exploited Children Act of 2017 This bill amends the Missing Children's Assistance Act to revise the findings to, among other things, specify that the growing numbers of children who are victims of child sexual exploitation include victims of child sex trafficking and sextortion. The bill revises the definition of quot, missing childquot. To mean an individual under 18 years of age whose whereabouts are unknown to the individual's parent . It specifies that a parent includes a legal guardian or an individual who functions as a parent . It revises existing functions and duties of the National Center on Missing and Exploited Children (NCMEC) and adds new requirements for the NCMEC, including to: provide training and technical assistance to help families, law enforcement agencies, and other entities respond to missing foster children and identify, locate, and recover child sex trafficking victims. Provide forensic and direct on-site technical assistance, including facial reconstruction of skeletal remains, to help families, law enforcement agencies, and other entities identify deceased children. Provide training, technical assistance, and information to help law enforcement agencies and nongovernmental organizations identify and locate non-compliant sex offenders. And develop and disseminate programs and information on sexting and sextortion to families, law enforcement agencies, and other entities. The NCMEC must make publicly available the annual report on missing children and the incidence of attempted child abductions.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Nutrition Protection Act of
1994''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) In recent years, there has been a substantial number of
        instances of price-fixing, bid-rigging, and other fraudulent
        activity regarding foods purchased for--
                    (A) the school lunch program established under the
                National School Lunch Act (42 U.S.C. 1751 et seq.); and
                    (B) the school breakfast program established under
                section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
                1773).
            (2) In 1986, President Reagan issued Executive Order 12549
        which was intended to curb fraud, waste, and abuse in Federal
        programs, increase accountability, and ensure consistency among
        agency regulations concerning debarment and suspension of
        participants in Federal programs.
            (3) During the past several years, the Antitrust Division
        of the Department of Justice has filed over 95 criminal cases
        against companies and individuals accused of bid-rigging
        conspiracies, false statements, mail fraud, price-fixing, and
        similar activities involving dairy products sold to schools or
        to the Department of Defense.
            (4) Over 30 grand juries in several States are
        investigating similar activities.
            (5) 45 corporations and 48 individuals have been convicted
        by Federal courts of similar activities, and total fines and
        civil damages of approximately $100,000,000 have been assessed
        in Federal and State court actions for similar activities.
            (6) Although several companies have violated the
        regulations of food and nutrition programs of the Department of
        Agriculture, such companies continue to participate in such
        programs and monetarily benefit from such programs.
            (7) A report of the Comptroller General of the United
        States noted that, as of March 1992, the Secretary of
        Agriculture had neither suspended nor debarred any of the 13
        dairy companies or 28 individuals convicted of milk contract
        bid-rigging from participating in the school lunch and school
        breakfast programs.
            (8) Effective educational and monitoring programs can
        greatly reduce the incidence of fraud, price-fixing, and bid-
        rigging by companies that sell food products to schools.
            (9) Reducing the incidence of fraud, price-fixing, and bid-
        rigging in connection with the school lunch and school
        breakfast programs could save school districts, parents, and
        taxpayers millions of dollars per year.
            (10) The Comptroller General of the United States has noted
        that bid-rigging awareness training is an effective means of
        deterring improper collusion and bid-rigging.
            (11) The Comptroller General of the United States in a
        General Accounting Office report addressed many of the concerns
        described in this section with respect to bid-rigging in the
        school lunch program.

SEC. 3. DUTIES OF THE SECRETARY OF AGRICULTURE RELATING TO
              NONPROCUREMENT DEBARMENT UNDER CERTAIN CHILD NUTRITION
              PROGRAMS.

    (a) In General.--The National School Lunch Act (42 U.S.C. 1751 et
seq.) is amended by adding at the end the following new section:

``SEC. 25. DUTIES OF THE SECRETARY RELATING TO NONPROCUREMENT
              DEBARMENT.

    ``(a) Definitions.--For purposes of this section, the following
definitions apply:
            ``(1) Appropriate congressional committees.--The term
        `appropriate congressional committees' means the Committee on
        Education and Labor of the House of Representatives and the
        Committee on Agriculture, Nutrition, and Forestry of the
        Senate.
            ``(2) Child nutrition program.--The term `child nutrition
        program' means--
                    ``(A) the school lunch program established under
                this Act;
                    ``(B) the school breakfast program established
                under section 4 of the Child Nutrition Act of 1966 (42
                U.S.C. 1773);
                    ``(C) the special milk program established under
                section 3 of such Act (42 U.S.C. 1772);
                    ``(D) the special nutrition program for women,
                infants, and children authorized under section 17 of
                such Act (42 U.S.C. 1786);
                    ``(E) the summer food service program for children
                established under section 13 of this Act; and
                    ``(F) the child and adult care food program
                established under section 17 of this Act.
            ``(3) Contractor.--The term `contractor' means a person
        that contracts with a State, an agency of a State, or a local
        agency to provide goods or services in conjunction with the
        participation of a local agency in a child nutrition program.
            ``(4) Local agency.--The term `local agency' means a
        school, school food authority, child care center, sponsoring
        organization, or other entity authorized to operate a child
        nutrition program at the local level.
            ``(5) Nonprocurement debarment.--The term `nonprocurement
        debarment' means an action to bar a person from programs and
        activities involving Federal financial and nonfinancial
        assistance, but not including Federal procurement programs and
        activities.
            ``(6) Person.--The term `person' means any individual,
        corporation, partnership, association, or other legal entity,
        however organized.
    ``(b) Assistance to Identify and Prevent Fraud and Anticompetitive
Activities.--The Secretary shall--
            ``(1) through the food service management institute
        authorized under section 21, provide advice, training,
        technical assistance, and guidance (which may include awareness
        training, training films, and troubleshooting advice) to
        representatives of States and local agencies regarding means of
        identifying and preventing fraud and anticompetitive activities
        relating to the provision of goods or services in conjunction
        with the participation of a local agency in a child nutrition
        program; and
            ``(2) provide information to, and fully cooperate with, the
        Attorney General and State attorneys general regarding
        investigations of fraud and anticompetitive activities relating
        to the provision of goods or services in conjunction with the
        participation of a local agency in a child nutrition program.
    ``(c) Nonprocurement Debarment.--
            ``(1) In general.--Except as provided in paragraph (3), not
        later than 180 days after notification of the occurrence of a
        cause for debarment described in paragraph (2), the Secretary
        shall initiate nonprocurement debarment proceedings against the
        contractor who has committed the cause for debarment.
            ``(2) Causes for debarment.--Actions requiring initiation
        of nonprocurement debarment pursuant to paragraph (1) shall
        include the following:
                    ``(A) A contractor commits an action or series of
                actions which constitute a substantial and material
                violation of a regulation of a child nutrition program
                of the Department of Agriculture, as determined by the
                Secretary.
                    ``(B) A contractor is found guilty in any criminal,
                civil, or administrative proceeding, or found liable in
                any civil or administrative proceeding, in connection
                with the supplying, providing, or selling of a product
                or commodity to any local agency or to any Federal
                agency in connection with the child nutrition programs,
                of--
                            ``(i) an anticompetitive activity,
                        including bid-rigging, price-fixing, the
                        allocation of customers between competitors, or
                        other violation of Federal or State antitrust
                        laws;
                            ``(ii) fraud, bribery, theft, forgery or
                        embezzlement;
                            ``(iii) breach of contract;
                            ``(iv) making a false claim or statement;
                        or
                            ``(v) other obstruction of justice.
            ``(3) Exception.--If the Secretary determines that a
        decision on initiating nonprocurement debarment proceedings
        cannot be made within 180 days after notification of the
        occurrence of a cause for debarment described in paragraph (2)
        because of the need to further investigate matters relating to
        the possible debarment, the Secretary may have such additional
        time as the Secretary considers necessary to make a decision,
        but not to exceed an additional 180 days.
            ``(4) Mandatory child nutrition program debarment
        periods.--
                    ``(A) In general.--Subject to the other provisions
                of this paragraph and notwithstanding any other
                provision of law except subsection (d), if, after
                deciding to initiate nonprocurement debarment
                proceedings pursuant to paragraph (1), the Secretary
                decides to debar a contractor, the debarment shall be
                for a period of not less than 3 years.
                    ``(B) Previous debarment.--If the contractor has
                been previously debarred pursuant to nonprocurement
                debarment proceedings initiated pursuant to paragraph
                (1), and the cause for debarment is described in
                paragraph (2) based on activities that occurred
                subsequent to the initial debarment, the debarment
                shall be for a period of not less than 5 years.
                    ``(C) Scope.--At a minimum, a debarment under this
                subsection shall serve to bar the contractor for the
                specified period from contracting to provide goods or
                services in conjunction with the participation of a
                local agency in a child nutrition program.
                    ``(D) Reversal, reduction, or exception.--Nothing
                in this paragraph shall restrict the ability of the
                Secretary to reverse a debarment decision, to reduce
                the period or scope of a debarment, nor to grant an
                exception permitting a debarred contractor to
                participate in a particular contract to provide goods
                or services in conjunction with the participation of a
                local agency in a child nutrition program, if the
                Secretary determines there is good cause for the
                action.
            ``(5) Information.--On request, the Secretary shall present
        to the appropriate congressional committees information
        regarding the decisions required by this subsection.
            ``(6) Relationship to other authorities.--A debarment
        imposed under this section shall not reduce or diminish the
        authority of a Federal, State, or local government agency or
        court to penalize, imprison, fine, suspend, debar, or take
        other adverse action against a person in a civil, criminal, or
        administrative proceeding.
            ``(7) Regulations.--The Secretary shall issue such
        regulations as are necessary to carry out this subsection.
    ``(d) Mandatory Debarment.--Notwithstanding any other provision of
this section, the Secretary shall initiate nonprocurement debarment
proceedings against the contractor (including any cooperative) who has
committed the cause for debarment (as determined under section (c)(2)),
unless the action--
            ``(1) is likely to have a significant adverse effect on
        competition or prices in the relevant market or nationally;
            ``(2) will interfere with the ability of a local agency to
        procure a needed product for a child nutrition program;
            ``(3) is unfair to a person, subsidiary corporation,
        affiliate, parent company, or local division of a corporation
        that is not involved in the improper activity that would
        otherwise result in the debarment; or
            ``(4) is not in the public interest, as determined by the
        Secretary.
    ``(e) Exhaustion of Administrative Remedies.--Prior to seeking
judicial review in a court of competent jurisdiction, a contractor
against whom a nonprocurement debarment proceeding has been initiated
shall--
            ``(1) exhaust all administrative procedures prescribed by
        the Secretary; and
            ``(2) receive notice of the final determination of the
        Secretary.
    ``(f) Information Relating to Prevention and Control of
Anticompetitive Activities.--On request, the Secretary shall present to
the appropriate congressional committees information regarding the
activities of the Secretary relating to anticompetitive activities,
fraud, nonprocurement debarment, and any waiver granted by the
Secretary under this section.''.
    (b) Applicability.--Section 25(c) of the National School Lunch Act
(as added by subsection (a)) shall not apply to a cause for debarment
as described in section 25(c)(2) of such Act that is based on an
activity that took place prior to the date of enactment of this Act.

SEC. 4. REPORT ON CONSISTENT DEBARMENT POLICY.

    Not later than 120 days after the date of enactment of this Act,
the Secretary of Agriculture, in consultation with the Director of the
Office of Management and Budget, the Secretary of Defense, and such
other officials as the Secretary of Agriculture determines are
appropriate, shall advise the appropriate committees of the Congress
and the Comptroller General of the United States as to the
appropriateness and usefulness of a consistent debarment policy under--
            (1) the Federal acquisition regulations issued under title
        48, Code of Federal Regulations; and
            (2) Federal nonprocurement regulations.

SEC. 5. NO REDUCTION IN AUTHORITY TO DEBAR OR SUSPEND A PERSON FROM
              FEDERAL FINANCIAL AND NONFINANCIAL ASSISTANCE AND
              BENEFITS.

    (a) In General.--The authority of the Secretary of Agriculture that
exists on the date of enactment of this Act to debar or suspend a
person from Federal financial and nonfinancial assistance and benefits
under Federal programs and activities, on a government-wide basis,
shall not be diminished or reduced by this Act or the amendment made by
section 3 of this Act.
    (b) Debarment or Suspension.--The Secretary may continue, after the
date of enactment of this Act, to debar or suspend a person on a
government-wide basis, from Federal financial and nonfinancial
assistance and benefits for any cause for debarment or suspension that
is specified in part 3017 of chapter XXX of subtitle B of title 7, Code
of Federal Regulations, or as otherwise permitted by law, including
regulations.

Summary: Child Nutrition Protection Act of 1994 - Amends the National School Lunch Act to direct the Secretary of Agriculture (Secretary) to provide State and local agencies with training and other assistance to prevent fraud and anticompetitive activities in the school lunch, school breakfast, special milk, summer food service, WIC, and child and adult care food programs. Directs the Secretary to bar a company for at least three years from program participation upon conviction for anticompetitive or specified related activities.

Child Nutrition Protection Act of 1994


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Blunt Reservoir and Pierre Canal
Land Conveyance Act of 2006''.

SEC. 2. BLUNT RESERVOIR AND PIERRE CANAL.

    (a) Definitions.--In this section:
        (1) Blunt reservoir feature.--The term ``Blunt Reservoir
    feature'' means the Blunt Reservoir feature of the Oahe Unit, James
    Division, authorized by the Act of August 3, 1968 (82 Stat. 624),
    as part of the Pick-Sloan Missouri River Basin program.
        (2) Commission.--The term ``Commission'' means the Commission
    of Schools and Public Lands of the State.
        (3) Nonpreferential lease parcel.--The term ``nonpreferential
    lease parcel'' means a parcel of land that--
            (A) was purchased by the Secretary for use in connection
        with the Blunt Reservoir feature or the Pierre Canal feature;
        and
            (B) was considered to be a nonpreferential lease parcel by
        the Secretary as of January 1, 2001, and is reflected as such
        on the roster of leases of the Bureau of Reclamation for 2001.
        (4) Pierre canal feature.--The term ``Pierre Canal feature''
    means the Pierre Canal feature of the Oahe Unit, James Division,
    authorized by the Act of August 3, 1968 (82 Stat. 624), as part of
    the Pick-Sloan Missouri River Basin program.
        (5) Preferential leaseholder.--The term ``preferential
    leaseholder'' means a person or descendant of a person that held a
    lease on a preferential lease parcel as of January 1, 2001, and is
    reflected as such on the roster of leases of the Bureau of
    Reclamation for 2001.
        (6) Preferential lease parcel.--The term ``preferential lease
    parcel'' means a parcel of land that--
            (A) was purchased by the Secretary for use in connection
        with the Blunt Reservoir feature or the Pierre Canal feature;
        and
            (B) was considered to be a preferential lease parcel by the
        Secretary as of January 1, 2001, and is reflected as such on
        the roster of leases of the Bureau of Reclamation for 2001.
        (7) Secretary.--The term ``Secretary'' means the Secretary of
    the Interior, acting through the Commissioner of Reclamation.
        (8) State.--The term ``State'' means the State of South Dakota,
    including a successor in interest of the State.
        (9) Unleased parcel.--The term ``unleased parcel'' means a
    parcel of land that--
            (A) was purchased by the Secretary for use in connection
        with the Blunt Reservoir feature or the Pierre Canal feature;
        and
            (B) is not under lease as of the date of enactment of this
        Act.
    (b) Deauthorization.--The Blunt Reservoir feature is deauthorized.
    (c) Acceptance of Land and Obligations.--
        (1) In general.--As a term of each conveyance under subsections
    (d)(5) and (e), respectively, the State may agree to accept--
            (A) in ``as is'' condition, the portions of the Blunt
        Reservoir feature and the Pierre Canal feature that pass into
        State ownership;
            (B) any liability accruing after the date of conveyance as
        a result of the ownership, operation, or maintenance of the
        features referred to in subparagraph (A), including liability
        associated with certain outstanding obligations associated with
        expired easements, or any other right granted in, on, over, or
        across either feature; and
            (C) the responsibility that the Commission will act as the
        agent for the Secretary in administering the purchase option
        extended to preferential leaseholders under subsection (d).
        (2) Responsibilities of the state.--An outstanding obligation
    described in paragraph (1)(B) shall inure to the benefit of, and be
    binding upon, the State.
        (3) Oil, gas, mineral and other outstanding rights.--A
    conveyance to the State under subsection (d)(5) or (e) or a sale to
    a preferential leaseholder under subsection (d) shall be made
    subject to--
            (A) oil, gas, and other mineral rights reserved of record,
        as of the date of enactment of this Act, by or in favor of a
        third party; and
            (B) any permit, license, lease, right-of-use, or right-of-
        way of record in, on, over, or across a feature referred to in
        paragraph (1)(A) that is outstanding as to a third party as of
        the date of enactment of this Act.
        (4) Additional conditions of conveyance to state.--A conveyance
    to the State under subsection (d)(5) or (e) shall be subject to the
    reservations by the United States and the conditions specified in
    section 1 of the Act of May 19, 1948 (chapter 310; 62 Stat. 240),
    as amended (16 U.S.C. 667b), for the transfer of property to State
    agencies for wildlife conservation purposes.
    (d) Purchase Option.--
        (1) In general.--A preferential leaseholder shall have an
    option to purchase from the Secretary or the Commission, acting as
    an agent for the Secretary, the preferential lease parcel that is
    the subject of the lease.
        (2) Terms.--
            (A) In general.--Except as provided in subparagraph (B), a
        preferential leaseholder may elect to purchase a parcel on one
        of the following terms:
                (i) Cash purchase for the amount that is equal to--

                    (I) the value of the parcel determined under
                paragraph (4); minus
                    (II) ten percent of that value.

                (ii) Installment purchase, with 10 percent of the value
            of the parcel determined under paragraph (4) to be paid on
            the date of purchase and the remainder to be paid over not
            more than 30 years at 3 percent annual interest.
            (B) Value under $10,000.--If the value of the parcel is
        under $10,000, the purchase shall be made on a cash basis in
        accordance with subparagraph (A)(i).
        (3) Option exercise period.--
            (A) In general.--A preferential leaseholder shall have
        until the date that is 5 years after enactment of this Act to
        exercise the option under paragraph (1).
            (B) Continuation of leases.--Until the date specified in
        subparagraph (A), a preferential leaseholder shall be entitled
        to continue to lease from the Secretary the parcel leased by
        the preferential leaseholder under the same terms and
        conditions as under the lease, as in effect as of the date of
        enactment of this Act.
        (4) Valuation.--
            (A) In general.--The value of a preferential lease parcel
        shall be its fair market value for agricultural purposes
        determined by an independent appraisal less 25 percent,
        exclusive of the value of private improvements made by the
        leaseholders while the land was federally owned before the date
        of the enactment of this Act, in conformance with the Uniform
        Appraisal Standards for Federal Land Acquisition.
            (B) Fair market value.--Any dispute over the fair market
        value of a property under subparagraph (A) shall be resolved in
        accordance with section 2201.4 of title 43, Code of Federal
        Regulations.
        (5) Conveyance to the state.--
            (A) In general.--If a preferential leaseholder fails to
        purchase a parcel within the period specified in paragraph
        (3)(A), the Secretary shall offer to convey the parcel to the
        State of South Dakota Department of Game, Fish, and Parks.
            (B) Wildlife habitat mitigation.--Land conveyed under
        subparagraph (A) shall be used by the South Dakota Department
        of Game, Fish, and Parks for the purpose of mitigating the
        wildlife habitat that was lost as a result of the development
        of the Pick-Sloan project.
        (6) Use of proceeds.--Proceeds of sales of land under this Act
    shall be deposited as miscellaneous funds in the Treasury and such
    funds shall be made available, subject to appropriations, to the
    State for the establishment of a trust fund to pay the county taxes
    on the lands received by the State Department of Game, Fish, and
    Parks under the bill.
    (e) Conveyance of Nonpreferential Lease Parcels and Unleased
Parcels.--
        (1) Conveyance by secretary to state.--
            (A) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary shall offer to convey to
        the South Dakota Department of Game, Fish, and Parks the
        nonpreferential lease parcels and unleased parcels of the Blunt
        Reservoir and Pierre Canal.
            (B) Wildlife habitat mitigation.--Land conveyed under
        subparagraph (A) shall be used by the South Dakota Department
        of Game, Fish, and Parks for the purpose of mitigating the
        wildlife habitat that was lost as a result of the development
        of the Pick-Sloan project.
        (2) Land exchanges for nonpreferential lease parcels and
    unleased parcels.--
            (A) In general.--With the concurrence of the South Dakota
        Department of Game, Fish, and Parks, the South Dakota
        Commission of Schools and Public Lands may allow a person to
        exchange land that the person owns elsewhere in the State for a
        nonpreferential lease parcel or unleased parcel at Blunt
        Reservoir or Pierre Canal, as the case may be.
            (B) Priority.--The right to exchange nonpreferential lease
        parcels or unleased parcels shall be granted in the following
        order or priority:
                (i) Exchanges with current lessees for nonpreferential
            lease parcels.
                (ii) Exchanges with adjoining and adjacent landowners
            for unleased parcels and nonpreferential lease parcels not
            exchanged by current lessees.
            (C) Easement for water conveyance structure.--As a
        condition of the exchange of land of the Pierre Canal feature
        under this paragraph, the United States reserves a perpetual
        easement to the land to allow for the right to design,
        construct, operate, maintain, repair, and replace a pipeline or
        other water conveyance structure over, under, across, or
        through the Pierre Canal feature.
    (f) Release From Liability.--
        (1) In general.--Effective on the date of conveyance of any
    parcel under this Act, the United States shall not be held liable
    by any court for damages of any kind arising out of any act,
    omission, or occurrence relating to the parcel, except for damages
    for acts of negligence committed by the United States or by an
    employee, agent, or contractor of the United States, before the
    date of conveyance.
        (2) No additional liability.--Nothing in this section adds to
    any liability that the United States may have under chapter 171 of
    title 28, United States Code (commonly known as the ``Federal Tort
    Claims Act'').
    (g) Requirements Concerning Conveyance of Lease Parcels.--
        (1) Interim requirements.--During the period beginning on the
    date of enactment of this Act and ending on the date of conveyance
    of the parcel, the Secretary shall continue to lease each
    preferential lease parcel or nonpreferential lease parcel to be
    conveyed under this section under the terms and conditions
    applicable to the parcel on the date of enactment of this Act.
        (2) Provision of parcel descriptions.--Not later than 180 days
    after the date of the enactment of this Act, the Secretary, in
    consultation with the Commission, shall provide the State a full
    legal description of all preferential lease parcels and
    nonpreferential lease parcels that may be conveyed under this
    section.
    (h) Curation of Archeological Collections.--The Secretary, in
consultation with the State, shall transfer, without cost to the State,
all archeological and cultural resource items collected from the Blunt
Reservoir feature and Pierre Canal feature to the South Dakota State
Historical Society.
    (i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $750,000 to reimburse the Secretary
for expenses incurred in implementing this Act, and such sums as are
necessary to reimburse the Commission and the State Department of Game,
Fish, and Parks for expenses incurred implementing this Act, not to
exceed 10 percent of the cost of each transaction conducted under this
Act.

                               Speaker of the House of Representatives.

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

Summary: Blunt Reservoir and Pierre Canal Land Conveyance Act of 2006 - Deauthorizes the Blunt Reservoir feature of the Oahe Irrigation Project authorized as part of the Pick-Sloan Missouri River Basin Program. Allows preferential leaseholders of parcels of the Blunt Reservoir and Pierre Canal an option to purchase such parcels from the Secretary of the Interior or the Commission of Schools and Public Lands of South Dakota for five years after this Act's enactment and for the fair market value for agricultural purposes less 25, exclusive of the value of improvements made while the land was federally owned. Directs the Secretary to offer to convey to the South Dakota Department of Game, Fish, and Parks all preferential lease parcels not purchased by the leaseholder, and the nonpreferential leased parcels and unleased parcels of the Blunt Reservoir and Pierre Canal, to be used for mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. Authorizes the Commission, with the Department's concurrence, to allow a person to exchange other land in South Dakota for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal. Requires priority to be granted to: (1) exchanges with current lessees for nonpreferential lease parcels. And (2) exchanges with adjoining and adjacent landowners for unleased parcels and nonpreferential lease parcels not exchanged by current lessees. Conditions the exchange of land of the Pierre Canal Feature on US reservation of a perpetual easement to the land to allow it to design, construct, operate, maintain, repair, and replace a pipeline or other water conveyance structure over, under, across, or through the Pierre Canal feature. Shields the United States from liability for damages arising out of any act, omission, or occurrence relating to parcels conveyed under this Act, except for acts of negligence committed before the date of conveyance. Directs the Secretary: (1) to continue, until the conveyance date, to lease each parcel to be conveyed according to the terms and conditions applicable on the date of enactment of this Act. And (2) to provide South Dakota with a full legal description of all parcels that may be conveyed. Directs the Secretary to transfer all archeological and cultural resource items collected from the Blunt Reservoir Feature and Pierre Canal Feature to the South Dakota State Historical Society. Authorizes appropriations to reimburse the Secretary, the Commission, and the Department for expenses incurred in implementing this Act, not to exceed 10 of the cost of each transaction.

A bill to direct the Secretary of the Interior to convey certain parcels of land acquired for the Blunt Reservoir and Pierre Canal features of the initial stage of the Oahe Unit, James Division, South Dakota, to the Commission of Schools and Public Lands and the Department of Game, Fish, and Parks of the State of South Dakota for the purpose of mitigating lost wildlife habitat, on the condition that the current preferential leaseholders shall have an option to purchase the parcels from the Commission, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Review Freedom Act of
2015''.

SEC. 2. CONSUMER REVIEW PROTECTION.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (2) Covered communication.--The term ``covered
        communication'' means a written, oral, or pictorial review,
        performance assessment of, or other similar analysis of,
        including by electronic means, the goods, services, or conduct
        of a person by an individual who is party to a form contract
        with respect to which such person is also a party.
            (3) Form contract.--
                    (A) In general.--Except as provided in subparagraph
                (B), the term ``form contract'' means a contract with
                standardized terms--
                            (i) used by a person in the course of
                        selling or leasing the person's goods or
                        services; and
                            (ii) imposed on an individual without a
                        meaningful opportunity for such individual to
                        negotiate the standardized terms.
                    (B) Exception.--The term ``form contract'' does not
                include an employer-employee or independent contractor
                contract.
            (4) Pictorial.--The term ``pictorial'' includes pictures,
        photographs, video, illustrations, and symbols.
    (b) Invalidity of Contracts That Impede Consumer Reviews.--
            (1) In general.--Except as provided in paragraphs (2) and
        (3), a provision of a form contract is void from the inception
        of such contract if such provision--
                    (A) prohibits or restricts the ability of an
                individual who is a party to the form contract to
                engage in a covered communication;
                    (B) imposes a penalty or fee against an individual
                who is a party to the form contract for engaging in a
                covered communication; or
                    (C) transfers or requires an individual who is a
                party to the form contract to transfer to any person
                any intellectual property rights in review or feedback
                content, with the exception of a non-exclusive license
                to use the content, that the individual may have in any
                otherwise lawful covered communication about such
                person or the goods or services provided by such
                person.
            (2) Rule of construction.--Nothing in paragraph (1) shall
        be construed to affect--
                    (A) any duty of confidentiality imposed by law
                (including agency guidance);
                    (B) any civil cause of action for defamation,
                libel, or slander, or any similar cause of action;
                    (C) any party's right to remove or refuse to
                display publicly on an Internet website or webpage
                owned, operated, or otherwise controlled by such party
                any content of a covered communication that--
                            (i) contains the personal information or
                        likeness of another person or is libelous,
                        harassing, abusive, obscene, vulgar, sexually
                        explicit, or inappropriate with respect to
                        race, gender, sexuality, ethnicity, or other
                        intrinsic characteristic;
                            (ii) is unrelated to the goods or services
                        offered by or available at such party's
                        Internet website or webpage; or
                            (iii) is clearly false or misleading; or
                    (D) a party's right to establish terms and
                conditions with respect to the creation of photographs
                or video of such party's property when those
                photographs or video are created by an employee or
                independent contractor of a commercial entity and
                solely intended for commercial purposes by that entity.
            (3) Exceptions.--Paragraph (1) shall not apply to the
        extent that a provision of a form contract prohibits disclosure
        or submission of, or reserves the right of a person or business
        that hosts online consumer reviews or comments to remove--
                    (A) trade secrets or commercial or financial
                information obtained from a person and considered
                privileged or confidential;
                    (B) personnel and medical files and similar
                information the disclosure of which would constitute a
                clearly unwarranted invasion of personal privacy;
                    (C) records or information compiled for law
                enforcement purposes, the disclosure of which would
                constitute a clearly unwarranted invasion of personal
                privacy;
                    (D) content that is unlawful or otherwise meets the
                requirements of paragraph (2)(C); or
                    (E) content that contains any computer viruses,
                worms, or other potentially damaging computer code,
                processes, programs, applications, or files.
    (c) Prohibition.--It shall be unlawful for a person to offer a form
contract containing a provision described as void in subsection (b).
    (d) Enforcement by Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of
        subsection (c) by a person with respect to which the Commission
        is empowered under section 5(a)(2) of the Federal Trade
        Commission Act (15 U.S.C. 45(a)(2)) shall be treated as a
        violation of a rule defining an unfair or deceptive act or
        practice prescribed under section 18(a)(1)(B) of the Federal
        Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of commission.--
                    (A) In general.--The Commission shall enforce this
                section in the same manner, by the same means, and with
                the same jurisdiction, powers, and duties as though all
                applicable terms and provisions of the Federal Trade
                Commission Act (15 U.S.C. 41 et seq.) were incorporated
                into and made a part of this Act.
                    (B) Privileges and immunities.--Any person who
                violates this section shall be subject to the penalties
                and entitled to the privileges and immunities provided
                in the Federal Trade Commission Act (15 U.S.C. 41 et
                seq.).
    (e) Enforcement by States.--
            (1) Authorization.--Subject to subparagraph (B), in any
        case in which the attorney general of a State has reason to
        believe that an interest of the residents of the State has been
        or is threatened or adversely affected by the engagement of any
        person subject to subsection (c) in a practice that violates
        such subsection, the attorney general of the State may, as
        parens patriae, bring a civil action on behalf of the residents
        of the State in an appropriate district court of the United
        States to obtain appropriate relief.
            (2) Rights of federal trade commission.--
                    (A) Notice to federal trade commission.--
                            (i) In general.--Except as provided in
                        clause (iii), the attorney general of a State
                        shall notify the Commission in writing that the
                        attorney general intends to bring a civil
                        action under paragraph (1) before initiating
                        the civil action against a person described in
                        subsection (d)(1).
                            (ii) Contents.--The notification required
                        by clause (i) with respect to a civil action
                        shall include a copy of the complaint to be
                        filed to initiate the civil action.
                            (iii) Exception.--If it is not feasible for
                        the attorney general of a State to provide the
                        notification required by clause (i) before
                        initiating a civil action under paragraph (1),
                        the attorney general shall notify the
                        Commission immediately upon instituting the
                        civil action.
                    (B) Intervention by federal trade commission.--The
                Commission may--
                            (i) intervene in any civil action brought
                        by the attorney general of a State under
                        paragraph (1) against a person described in
                        subsection (d)(1); and
                            (ii) upon intervening--
                                    (I) be heard on all matters arising
                                in the civil action; and
                                    (II) file petitions for appeal of a
                                decision in the civil action.
            (3) Investigatory powers.--Nothing in this subsection may
        be construed to prevent the attorney general of a State from
        exercising the powers conferred on the attorney general by the
        laws of the State to conduct investigations, to administer
        oaths or affirmations, or to compel the attendance of witnesses
        or the production of documentary or other evidence.
            (4) Preemptive action by federal trade commission.--If the
        Federal Trade Commission institutes a civil action or an
        administrative action with respect to a violation of subsection
        (c), the attorney general of a State may not, during the
        pendency of such action, bring a civil action under paragraph
        (1) against any defendant named in the complaint of the
        Commission for the violation with respect to which the
        Commission instituted such action.
            (5) Venue; service of process.--
                    (A) Venue.--Any action brought under paragraph (1)
                may be brought in--
                            (i) the district court of the United States
                        that meets applicable requirements relating to
                        venue under section 1391 of title 28, United
                        States Code; or
                            (ii) another court of competent
                        jurisdiction.
                    (B) Service of process.--In an action brought under
                paragraph (1), process may be served in any district in
                which the defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.
            (6) Actions by other state officials.--
                    (A) In general.--In addition to civil actions
                brought by attorneys general under paragraph (1), any
                other consumer protection officer of a State who is
                authorized by the State to do so may bring a civil
                action under paragraph (1), subject to the same
                requirements and limitations that apply under this
                subsection to civil actions brought by attorneys
                general.
                    (B) Savings provision.--Nothing in this subsection
                may be construed to prohibit an authorized official of
                a State from initiating or continuing any proceeding in
                a court of the State for a violation of any civil or
                criminal law of the State.
    (f)  Education and Outreach for Businesses.--Not later than 60 days
after the date of the enactment of this Act, the Commission shall
commence conducting education and outreach that provides businesses
with non-binding best practices for compliance with this Act.
    (g) Relation to State Causes of Action.--Nothing in this section
shall be construed to affect any cause of action brought by a person
that exists or may exist under State law.
    (h) Effective Dates.--This section shall take effect on the date of
the enactment of this Act, except that--
            (1) subsections (b) and (c) shall apply with respect to
        contracts in effect on or after the date that is 90 days after
        the date of the enactment of this Act; and
            (2) subsections (d) and (e) shall apply with respect to
        contracts in effect on or after the date that is 1 year after
        the date of the enactment of this Act.

            Passed the Senate December 14, 2015.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.

Summary: Consumer Review Freedom Act of 2015 This bill makes a provision of a form contract void from the inception if it: (1) prohibits or restricts an individual who is a party to such a contract from engaging in written, oral, or pictorial reviews, or other similar performance assessments or analyses of, including by electronic means, the goods, services, or conduct of a person that is also a party to the contract. (2) imposes penalties or fees against individuals who engage in such communications. Or (3) transfers or requires the individual to transfer intellectual property rights in review or feedback content in any otherwise lawful communications about such person or the goods or services provided by such person. A quot, form contractquot. Is a contract with standardized terms: (1) used by a person in the course of selling or leasing the person's goods or services, and (2) imposed on an individual without a meaningful opportunity to negotiate the standardized terms. The definition excludes an employer-employee or independent contractor contract. The standards under which provisions of a form contract are considered void under this Act shall not be construed to affect: legal duties of confidentiality, civil actions for defamation, libel, or slander. Or a party's right to establish terms and conditions for the creation of photographs or video of such party's property when those photographs or video are created by an employee or independent contractor of a commercial entity and are solely intended to be used for commercial purposes by that entity. Such standards also shall not be construed to affect any party's right to remove or refuse to display publicly on an Internet website or webpage owned, operated, or controlled by such party content that: (1) contains the personal information or likeness of another person or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic. (2) is unrelated to the goods or services offered by or available at such party's website. Or (3) is clearly false or misleading. A provision shall not be considered void under this Act to the extent that it prohibits disclosure or submission of, or reserves the right of a person or business that hosts online consumer reviews or comments to remove, certain: (1) trade secrets or commercial or financial information, (2) personnel and medical files, (3) law enforcement records. (4) content that is unlawful or that a party has a right to remove or refuse to display. Or (5) computer viruses or other potentially damaging computer code, processes, applications, or files. A person is prohibited from offering form contracts containing a provision that is considered void under this Act. Enforcement authority is provided to the Federal Trade Commission (FTC) and states. The FTC must provide businesses with nonbinding best practices for compliance.

Consumer Review Freedom Act of 2015