SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Hours of Service Act of
2010''.

SEC. 2. REDESIGNATIONS.

    Chapter 211 of title 49, United States Code, is amended by
redesignating sections 21101 through 21109 as sections 21102 through
21110, respectively.

SEC. 3. PURPOSE.

    Chapter 211 of title 49, United States Code, is further amended by
inserting before section 21102 (as so redesignated by section 2 of this
Act) the following:
``Sec. 21101. Purpose
    ``Railroad employees covered by this chapter shall be provided
predictable and defined work and rest periods.''.

SEC. 4. DEFINITIONS.

    Section 21102 (as so redesignated by section 2 of this Act) of
chapter 211 of title 49, United States Code, is amended--
            (1) in paragraph (5), by inserting ``and yardmaster
        employee'' before the period; and
            (2) by adding at the end the following:
            ``(6) `yardmaster employee' means an employee who
        supervises and coordinates the activities of workers engaged in
        railroad traffic operations, including making up or breaking up
        trains and switching inbound or outbound traffic.''.

SEC. 5. NONAPPLICATION, EXEMPTION, AND ALTERNATE HOURS OF SERVICE
              REGIME.

    Section 21103(c) (as so redesignated by section 2 of this Act) of
chapter 211 of title 49, United States Code is amended--
            (1) in paragraph (1)(A), by striking ``21109(b)'' and
        inserting ``21110(b)'';
            (2) in paragraph (3), by striking ``21109(b)'' and
        inserting ``21110(b)'';
            (3) by striking subparagraph (C) of paragraph (4);
            (4) by redesignating subparagraph (D) of paragraph (4) as
        subparagraph (B); and
            (5) by striking ``new section 21103'' each place it appears
        and inserting ``section 21104''.

SEC. 6. LIMITATIONS ON DUTY HOURS OF TRAIN EMPLOYEES.

    Section 21104 (as so redesignated by section 2 of this Act) of
chapter 211 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3)--
                            (i) by striking ``remain or go on duty
                        unless'' and inserting ``initiate an on duty
                        period unless''; and
                            (ii) by striking ``during the prior 24
                        hours; or'' and inserting ``immediately prior
                        to going on duty; or'';
                    (B) in paragraph (4)(A)--
                            (i) in clause (i), by striking ``work'' and
                        inserting ``initiate an on duty period''; and
                            (ii) in clause (ii), by striking ``works''
                        and inserting ``initiates an on duty period
                        on''; and
                    (C) in the matter after paragraph (4) by inserting
                ``For purposes of paragraph (4)(A) and (B), within 12
                months after the date of enactment of the Railroad
                Hours of Service Act of 2010, the Secretary shall
                prescribe regulations to require all deadhead
                transportation in excess of a specific number of hours
                to be counted as time on duty and shall reset the
                calendar day clock.'' before ``The Secretary may
                waive'';
            (2) in subsection (b)(7), by striking ``when the employee
        is prevented'' and all that follows through ``employee left the
        designated terminal.'' and inserting ``. A train employee shall
        be notified before going off duty whether such period off duty
        is an interim release.''; and
            (3) in subsection (c)(1)--
                    (A) in subparagraph (A)(ii), by striking ``and'' at
                the end;
                    (B) in subparagraph (B)(ii), by striking ``21109.''
                and inserting ``21110; and''; and
                    (C) by adding at the end the following new
                subparagraph:
                    ``(C) to exceed 2 hours in deadhead transportation
                per each tour of duty.''.

SEC. 7. LIMITATIONS ON DUTY HOURS OF SIGNAL EMPLOYEES.

    Section 21105 (as so redesignated by section 2 of this Act) of
chapter 211 of title 49, United States Code, is amended--
            (1) in subsection (b)(2), by inserting ``, including all
        work where there is a potential to interact or otherwise come
        into contact with safety-critical devices or circuits,'' before
        ``is time on duty'';
            (2) in subsection (e), by adding at the end the following:
        ``Signal employees operating motor vehicles requiring a
        commercial driver's license while on duty shall be considered
        covered service.''; and
            (3) by adding at the end the following new subsection:
    ``(f) Safety-Critical Devices or Circuits.--Time on duty shall
include all work where there is a potential to interact or otherwise
come into contact with safety-critical devices or circuits.''.

SEC. 8. LIMITATIONS ON DUTY HOURS OF DISPATCHING SERVICE EMPLOYEES AND
              YARDMASTER EMPLOYEES.

    Section 21106 (as so redesignated by section 2 of this Act) of
chapter 211 of title 49, United States Code, is amended--
            (1) in the section heading by inserting ``and yardmaster
        employees'' after ``service employees'';
            (2) in subsection (a)--
                    (A) by striking ``21103 or 21104'' and inserting
                ``21104 or 21105''; and
                    (B) by inserting ``or yardmaster employee'' after
                ``service employee'';
            (3) in subsection (b), by inserting ``or yardmaster
        employee'' after ``a dispatching service employee'';
            (4) in subsection (c), by adding at the end the following:
        ``All commingle service involving yardmaster service and
        dispatcher service mixing with freight service shall be covered
        under the provisions of section 21104.''; and
            (5) in subsection (d), by inserting ``or yardmaster
        employee'' after ``dispatching service employee''.

SEC. 9. CLERICAL AMENDMENT.

    Chapter 211 of title 49, United States Code, is further amended by
amending the table of sections at the beginning of the chapter to read
as follows:

``Sec.
``21101. Purpose.
``21102. Definitions.
``21103. Nonapplication, exemption, and alternate hours of service
                            regime.
``21104. Limitations on duty hours of train employees.
``21105. Limitations on duty hours of signal employees.
``21106. Limitations on duty hours of dispatching service employees and
                            yardmaster employees.
``21107. Limitations on employee sleeping quarters.
``21108. Maximum duty hours and subjects of collective bargaining.
``21109. Pilot projects.
``21110. Regulatory authority.''.

Summary: Railroad Hours of Service Act of 2010 - Extends railroad hours of services requirements and limitations to cover yardmaster employees who supervise and coordinate the activities of workers engaged in railroad traffic operations, including making up or breaking up trains and switching inbound or outbound traffic. Revises the prohibition against a railroad carrier's requiring or allowing a train employee to remain or go on duty unless that employee has had at least 10 consecutive hours off duty during the prior 24 hours. Prohibits requiring or allowing an employee from initiating an on duty period unless the employee has had at least 10 consecutive hours off duty immediately prior to going on duty. Directs the Secretary of Transportation (DOT) to prescribe regulations to: (1) require all deadhead transportation in excess of a specific number of hours to be counted as time on duty. And (2) reset the calendar day clock. Revises the rule that an interim period available for at least 4 hours rest at a place with suitable facilities for food and lodging is not time on duty. Repeals the current list of causes for prevention of a return to duty. Requires a train employee to be notified before going off duty whether such period off duty is an interim release. Prohibits a railroad carrier from requiring or allowing an employee to exceed 2 hours in deadhead transportation per each tour of duty. Revises the limitations on the duty hours of signal employees. Specifies that time on duty spent performing any service for the railroad carrier during a 24-hour period in which the employee is engaged in installing, repairing, or maintaining signal systems includes all work where there is a potential to interact or otherwise come into contact with safety-critical devices or circuits. Treats as service covered by hours of duty limitations the operation by signal employees of motor vehicles requiring a commercial driver's license while on duty. Extends to yardmaster employees certain limitations on the duty hours of dispatching service employees. Declares that all commingle service involving yardmaster service and dispatcher service mixing with freight service shall be covered by the limitations on the duty hours of signal employees. Extends to yardmaster employees, when an emergency exists, the same limitation that applies to the hours of dispatching service employees in an emergency.

To amend title 49, United States Code, with respect to hours of service rules for railroad employees.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Beverage Container
Recycling Initiative Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The failure to reuse and recycle empty beverage
        containers represents a significant and unnecessary waste of
        important national energy and material resources.
            (2) The littering of empty beverage containers constitutes
        a public nuisance, safety hazard, and aesthetic blight and
        imposes on public agencies, private businesses, farmers, and
        landowners unnecessary costs for the collection and removal of
        the containers.
            (3) Solid waste resulting from the empty beverage
        containers constitutes a significant proportion of municipal
        solid waste and increases the cost and problems of effectively
        managing the disposal of the waste.
            (4) It is difficult for local communities to raise the
        necessary capital to initiate comprehensive recycling programs.
            (5) The reuse and recycling of empty beverage containers
        would help eliminate unnecessary burdens on individuals, local
        governments, and the environment.
            (6) Several States have previously enacted and implemented
        State laws designed to protect the environment, conserve energy
        and material resources, and promote resource recovery of waste
        by requiring a refund value on the sale of all beverage
        containers.
            (7) The laws referred to in paragraph (6) have proven
        inexpensive for government to administer and effective at
        reducing financial burdens on communities by internalizing the
        cost of recycling and litter control to the producers and
        consumers of beverages.
            (8) A national system for requiring a refund value on the
        sale of all beverage containers would act as a positive
        incentive to individuals to clean up the environment and
        would--
                    (A) result in a high level of reuse and recycling
                of the containers; and
                    (B) help reduce the costs associated with solid
                waste management.
            (9) A national system for requiring a refund value on the
        sale of all beverage containers would result in significant
        energy conservation and resource recovery.
            (10) The reuse and recycling of empty beverage containers
        would eliminate unnecessary waste management burdens on the
        Federal Government, State and local governments, and the
        environment.
            (11) The collection of unclaimed refunds from a national
        system of beverage container recycling would provide the
        resources necessary to assist comprehensive reuse and recycling
        programs throughout the United States.
            (12) A national system of beverage container recycling is
        consistent with the intent of the Solid Waste Disposal Act (42
        U.S.C. 6901 et seq.).
            (13) This Act is consistent with the goals established by
        the Administrator of the Environmental Protection Agency during
        June 1996 that include a national goal of 35 percent source
        reduction and recycling by 2005, coupled with a reduction in
        per capita waste generation.

SEC. 3. BEVERAGE CONTAINER RECYCLING.

    (a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) is amended by adding at the end the following:

               ``Subtitle K--Beverage Container Recycling

``SEC. 12001. DEFINITIONS.

    ``In this subtitle:
            ``(1) Beverage.--The term `beverage' means beer, ale, or
        other drink produced by fermenting malt, spirits, wine, wine
        coolers, soda or noncarbonated water, and all nonalcoholic
        carbonated or noncarbonated drinks in liquid form and intended
        for human consumption except for milk and dairy-derived
        products.
            ``(2) Beverage container.--The term `beverage container'
        means a bottle, can, jar, or other container made of glass,
        metal, or plastic which has been sealed by a manufacturer and
        which, at the time of sale, contains 4 liters or less of a
        beverage.
            ``(3) Beverage distributor.--The term `beverage
        distributor' means a person who sells or offers for sale in
        interstate commerce to beverage retailers beverages in beverage
        containers for resale.
            ``(4) Beverage retailer.--
                    ``(A) In general.--The term `beverage retailer'
                means a person who--
                            ``(i) purchases from a beverage distributor
                        beverages in beverage containers for sale to a
                        consumer; or
                            ``(ii) sells or offers to sell in commerce
                        beverages in beverage containers to a consumer.
                    ``(B) Beverage vending machines.--The Administrator
                shall promulgate regulations that define `beverage
                retailer' for any case in which a beverage in a
beverage container is sold to a consumer through a beverage vending
machine.
            ``(5) Consumer.--The term `consumer' means a person who
        purchases a beverage container for any use other than resale.
            ``(6) Refund value.--The term `refund value' means the
        amount specified as the refund value of a beverage container
        under section 12002.
            ``(7) Unbroken beverage container.--The term `unbroken
        beverage container' includes--
                    ``(A) a beverage container opened in a manner in
                which the container was designed to be opened; and
                    ``(B) a beverage container made of metal or plastic
                that is compressed if the statement of the amount of
                the refund value of the container is still readable.
            ``(8) Wine cooler.--The term `wine cooler' means a drink
        containing less than 8 percent alcohol (by volume)--
                    ``(A) consisting of wine and plain, sparkling, or
                carbonated water; and
                    ``(B) containing a non-alcoholic beverage,
                flavoring, coloring material, fruit juice, fruit
                adjunct, sugar, carbon dioxide, preservatives, or any
                other natural or artificial blending materials (or any
                combination thereof).
            ``(9) Spirits.--The term `spirits' means any liquor
        produced by distillation or, if produced by any other process,
        strengthened or fortified by the addition of distilled spirits
        of any kind. The term includes fortified wine.
            ``(10) Wine.--The term `wine' means any liquor containing
        not more than 15.5 percent alcohol by volume which is produced
        by the fermentation of fruit or other agricultural products
        containing sugar and to which no spirits are added. The term
        includes table wine, still wine, sparkling wine, and champagne,
        if the alcohol content is not above 15.5 percent by volume.

``SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.

    ``(a) In General.--Except as provided in section 12007, no beverage
distributor or beverage retailer may sell or offer for sale in
interstate commerce a beverage in a beverage container unless--
            ``(1) in the case of wine and spirit containers, there is
        clearly, prominently, and securely affixed to, or printed on,
        the container a statement of the refund value of the container
        in the amount of 15 cents (as adjusted under subsection (c));
        and
            ``(2) in the case of all other containers, there is
        clearly, prominently, and securely affixed to, or printed on,
        the container a statement of the refund value of the container
        in the amount of 5 cents (as adjusted under subsection (c)).
    ``(b) Size and Location of Statement.--The Administrator shall
promulgate regulations establishing uniform standards for the size and
location of the refund value statement on beverage containers.
    ``(c) Adjustments of Refund Value.--
            ``(1) In general.--The Administrator shall adjust the
        amount of the refund value of the container under subsection
        (a)--
                    ``(A) on the date that is 10 years after the date
                of enactment of this subtitle, to reflect changes in
                the Consumer Price Index for all-urban consumers
                published by the Department of Labor since the date of
                enactment of this subtitle; and
                    ``(B) on the date that is 10 years after the
                initial adjustment made under paragraph (1), and each
                10 years thereafter, to reflect changes in the Consumer
                Price Index for all-urban consumers published by the
                Department of Labor since the most recent adjustment.
            ``(2) Rounding.--The Administrator shall round any
        adjustment under paragraph (1) to the nearest 5 cent increment.

``SEC. 12003. COLLECTION OF REFUND VALUE.

    ``(a) Collection From Retailers by Distributors.--In the case of
each beverage in a beverage container sold in interstate commerce to a
beverage retailer by a beverage distributor, the distributor shall
collect from the retailer or redemption center the amount of the refund
value shown on the container.
    ``(b) Collection From Consumers by Retailers.--In the case of each
beverage in a beverage container sold in interstate commerce to a
consumer by a beverage retailer, the retailer shall collect from the
consumer the amount of the refund value shown on the container.
    ``(c) Other Collections.--No person other than a person described
in subsection (a) or (b) may collect a deposit on a beverage container.

``SEC. 12004. RETURN OF REFUND VALUE.

    ``(a) Payment by Retailer.--
            ``(1) In general.--If a person, other than a beverage
        distributor or beverage retailer, tenders for refund an empty,
        unbroken, and reasonably clean beverage container to a beverage
        retailer who sells (or has sold at any time during the 90-day
        period ending on the date of tender) the same brand of beverage
        in the same kind and size of container, the retailer shall
        promptly pay the person the amount of the refund value stated
        on the container.
            ``(2) Limitations.--(A) A retailer may limit the total
        number of beverage containers which the retailer will accept
        from any one consumer or other person in any one business day
        to 240 containers, or any other number greater than 240.
            ``(B) A retailer may refuse to accept beverage containers
        during no more than 8 hours in any one business day. If a
        retailer refuses to accept beverage containers under this
        subsection, the hours during which the retailer would accept
        containers shall be conspicuously posted.
    ``(b) Payment by Distributor.--
            ``(1) In general.--If a person tenders for refund an empty
        and unbroken beverage container to a beverage distributor who
        sells (or has sold at any time during the 90-day period ending
        on the date of tender) the same brand of beverage in the same
        kind and size of container, the distributor shall promptly pay
        the person--
                    ``(A) the amount of the refund value stated on the
                container; plus
                    ``(B) an amount equal to at least 2 cents per
                container to help defray the cost of handling.
            ``(2) Tendering beverage containers to other persons.--This
        subsection shall not preclude any person from tendering a
        beverage container to a person other than a beverage
        distributor.
    ``(c) Agreements.--
            ``(1) In general.--Nothing in this subtitle precludes an
        agreement between a distributor, a retailer, or other person to
        establish a centralized beverage container collection center,
        including a center that acts as an agent of the retailer.
            ``(2) Agreement for crushing or bundling.--Nothing in this
        subtitle precludes an agreement between a beverage retailer, a
        beverage distributor, or other person for the crushing or
        bundling (or both) of beverage containers.

``SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE
              RECYCLING FUNDS.

    ``(a) Unclaimed Refunds.--
            ``(1) Payments to states.--At the end of each calendar
        year, each beverage distributor shall pay to each State an
        amount equal to the sum by which the total refund value of all
        containers sold by the distributor for resale in that State
        during the year exceeds the total sum paid during that year by
        the distributor under section 12004(b) to persons in the State.
            ``(2) Use by states.--The total amount of unclaimed refunds
        received by any State under this section shall be available to
        carry out pollution prevention and recycling programs in the
        State.
    ``(b) Refunds in Excess of Collections.--If the total amount of
payments made by a beverage distributor for any calendar year under
section 12004(b) for any State exceeds the total amount of the refund
values of all containers sold by the distributor for resale in the
State, the excess shall be credited against the amount otherwise
required to be paid by the distributor to that State under subsection
(a) for a subsequent calendar year, designated by the beverage
distributor.

``SEC. 12006. PROHIBITIONS ON DETACHABLE OPENINGS AND POST-REDEMPTION
              DISPOSAL.

    ``(a) Detachable Openings.--No beverage distributor or beverage
retailer may sell, or offer for sale, in interstate commerce a beverage
in a metal beverage container a part of which is designed to be
detached in order to open the container.
    ``(b) Post-Redemption Disposal.--No retailer or distributor or
agent of a retailer or distributor may dispose of any beverage
container labeled pursuant to section 12002 or any metal, glass, or
plastic from the beverage container (other than the top or other seal
of the container) in any landfill or other solid waste disposal
facility.

``SEC. 12007. EXEMPTED STATES.

    ``(a) Exemption.--Sections 12002 through 12005 and sections 12008
and 12009 shall not apply in any State that has adopted and implemented
requirements applicable to all beverage containers sold in the State if
the Administrator determines the requirements to be substantially
similar to the requirements of sections 12002 through 12005 and
sections 12008 and 12009.
    ``(b) Determination of Tax.--No State or political subdivision of a
State that imposes a tax on the sale of any beverage container may
impose a tax on any amount attributable to the refund value of the
container.
    ``(c) Effect on Other Laws.--Nothing in this subtitle affects the
authority of any State or political subdivision of a State--
            ``(1) to enact or enforce (or continue in effect) any law
        concerning a refund value on containers other than beverage
        containers; or
            ``(2) to regulate redemption and other centers that
        purchase empty beverage containers from beverage retailers,
        consumers, or other persons.

``SEC. 12008. PENALTIES.

    ``A person who violates section 12002, 12003, 12004, or 12006 shall
be subject to a civil penalty of not more than $10,000 for each
violation.

``SEC. 12009. REGULATIONS.

    ``Not later than 1 year after the date of enactment of this
subtitle, the Administrator shall promulgate regulations to carry out
this subtitle.

``SEC. 12010. EFFECTIVE DATE.

    ``Except as provided in section 12009, this subtitle takes effect
on the date that is 2 years after the date of enactment of this
subtitle.''.
    (b) Table of Contents.--The table of contents for the Solid Waste
Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end the
following:

               ``Subtitle K--Beverage Container Recycling

``Sec. 12001. Definitions.
``Sec. 12002. Required beverage container labeling.
``Sec. 12003. Collection of refund value.
``Sec. 12004. Return of refund value.
``Sec. 12005. Accounting for unclaimed refunds and provisions for State
                            recycling funds.
``Sec. 12006. Prohibitions on detachable openings and post-redemption
                            disposal.
``Sec. 12007. Exempted States.
``Sec. 12008. Penalties.
``Sec. 12009. Regulations.
``Sec. 12010. Effective date.''.

Summary: National Beverage Container Recycling Initiative Act - Amends the Solid Waste Disposal Act to prohibit the sale of beer, ale, or other drinks produced by fermenting malt, soda or noncarbonated water, and all nonalcoholic carbonated or noncarbonated drinks in liquid form in beverage containers by retailers and distributors unless such containers carry a refund value of five cents. Bars sales of wine and spirits unless their beverage containers carry a refund value of 15 cents. Provides for the adjustment for inflation of the refund amount at ten-year intervals. Requires: (1) distributors to collect from retailers or redemption centers the refund value for each beverage sold to retailers. And (2) retailers to collect from consumers the refund value for each beverage sold to consumers. Requires retailers and distributors to pay the refund on returned containers of brands sold. Authorizes retailers to limit the daily amount of containers accepted from any one person. Directs distributors to pay annually to a State unclaimed refund amounts . Makes unclaimed refunds available to a State for carrying out pollution prevention and recycling programs. Prohibits distributors and retailers from: (1) selling beverages in metal beverage containers with detachable openings. And (2) disposing of containers subject to this Act or any metal, glass, or plastic from such containers in landfills or solid waste disposal facilities. Makes this Act inapplicable to States that have adopted requirements substantially similar to those under this Act. Prohibits States or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Prescribes civil penalties for violations of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Law Enforcement Act of 1996''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) effective and impartial enforcement of the law is one
        of the most important functions of the government;
            (2) the preservation of our form of Government and the
        rights of our citizens are dependent upon competent and
        professional law enforcement agencies;
            (3) responsibility for law enforcement in the United States
        resides primarily with State and local governments;
            (4)(A) one-third of all Americans live in nonurban areas
        and 90 percent of all law enforcement agencies serve
        populations of fewer than 25,000 residents; and
            (B) 75 percent serve a population of fewer than 10,000
        residents;
            (5) rural violent crime has increased over 35 percent from
        1985 to 1995, and is taking a toll on rural citizens and rural
        law enforcement practitioners;
            (6) approximately 22,400 local government entities exist in
        the 50 States, and the needs of rural law enforcement in the
        areas of research, technical assistance, and the delivery of
        executive education and training programs have been jointly
        identified by the Federal Bureau of Investigation, the
        Department of Justice, and the National Center for Rural Law
        Enforcement at the University of Arkansas at Little Rock; and
            (7) the National Center for Rural Law Enforcement at the
        University of Arkansas at Little Rock will continue to
        cooperate with the Federal Bureau of Investigation and the
        Department of Justice to promote the development and
        implementation of training and education programs for rural law
        enforcement agencies.

SEC. 3. NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.

    (a) In General.--Title XVIII of the Violent Crime Control and Law
Enforcement Act of 1994 is amended by adding at the end the following
new subtitle:

        ``Subtitle D--National Center for Rural Law Enforcement

``SEC. 180401. ESTABLISHMENT.

    ``(a) In General.--There is established at the University of
Arkansas, at Little Rock, the National Center for Rural Law
Enforcement.
    ``(b) Advisory Board.--
            ``(1) In general.--There shall be established within the
        National Center for Rural Law Enforcement an Advisory Board
        (referred to in this Act as the `Advisory Board') that shall be
        comprised of 15 members, of whom--
                    ``(A) 10 shall be selected by the Attorney General
                of the United States, in consultation with the Director
                of the Federal Bureau of Investigation, from personnel
                of rural law enforcement agencies serving communities
                with populations of less than 25,000 people, 2 from
                each of 5 regions (including the Northeast, Northwest,
                Southeast, Southwest, and Midwest);
                    ``(B) 2 shall be selected by the Attorney General
                from personnel of State law enforcement agencies, 1
                from training and 1 from law enforcement;
                    ``(C) 2 shall be selected by the Director of the
                Federal Bureau of Investigation from employees of the
                Federal Bureau of Investigation; and
                    ``(D) the Executive Director of the National Center
                for Rural Law Enforcement, who shall serve as a
                permanent member of the Advisory Board.
            ``(2) Powers.--
                    ``(A) Terms of the Advisory Board members will be
                for 1 year, with 3 members rotating each year. The
first Advisory Board members, at their first meeting, will draw lots
from 1 to 5 years.
                    ``(B) The Advisory Board members shall formulate,
                adopt, and publish guidelines governing the operation
                of the Center, consistent with its mission.
            ``(3) Travel expenses.--The members of the Advisory Board
        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 their homes or regular places of business
        in performance of services for the Advisory Board.
    ``(c) Executive Director.--
            ``(1) Appointment.--The Attorney General shall appoint the
        Executive Director of the National Center for Rural Law
        Enforcement in consultation with the Director of the Federal
        Bureau of Investigation and the Chancellor of the University of
        Arkansas at Little Rock. The Executive Director shall serve a
        term not longer than 5 years.
            ``(2) Duties.--The Executive Director shall have the duties
        and responsibilities fulfilling functions as set forth in this
        Act, including the preparation and submission of a periodic
        report to the Advisory Board and the Chancellor of the
        University of Arkansas at Little Rock.
    ``(d) Procurement of Temporary and Intermittent Services.--The
National Center for Rural Law Enforcement, with the advice of the
Advisory Board, may procure temporary and intermittent services under
section 3109 of title 5, United States Code, at rates for individuals
that do not exceed the daily equivalent of the annual rate of basic pay
prescribed for members of the Senior Executive Service, ES-6, Level V
of the Executive Schedule as authorized by section 5352 of such title.

``SEC. 180402. FUNCTIONS.

    ``(a) In General.--The Director of the National Center for Rural
Law Enforcement shall provide for--
            ``(1) the training of supervisory and executive managers of
        rural law enforcement in a systematic and effective manner;
            ``(2) the support of rural law enforcement agencies with
        technical assistance and practical and focused research;
            ``(3) equitable education and training opportunities for
        rural law enforcement personnel;
            ``(4) the delivery of training programs by Federal agencies
        and the Center;
            ``(5) the promotion, development, and adoption of a
        voluntary national system of education and training standards
        and certification;
            ``(6) the development and dissemination of information
        designed to assist States and units of local government in
        rural areas throughout the country;
            ``(7) grants to, and contracts with, Federal, State, and
        general units of local government, public and private agencies,
        educational institutions, organizations, and individuals to
        carry out this subtitle;
            ``(8) the establishment and continuation of a clearinghouse
        and information center for the collection, preparation, and
        dissemination of information on criminal justice and rural law
        enforcement, including programs for prevention of crime and
        recidivism, and management training of law enforcement
        personnel;
            ``(9) assistance and service in a consulting capacity to
        Federal, State, and local criminal justice agencies in the
        development, maintenance, and coordination of programs,
        facilities and services, training, research, and prevention
        with respect to crime in rural areas;
            ``(10) the encouragement and assistance to Federal, State,
        and local government programs and services, and programs for
        law enforcement officers, judges and judicial personnel,
        probation and parole personnel, correctional personnel, welfare
        workers, and other persons;
            ``(11) the development of technical training teams to aid
        in the development of seminars, workshops, and training
        programs within the States and with the State and local
        agencies that work with rural law enforcement managers;
            ``(12) the conduct, encouragement, and coordination of
        research relating to law enforcement and criminal justice
        issues, including the causes, diagnosis, and prevention of
        criminal activity;
            ``(13) the formulation and dissemination of rural law
        enforcement policy, goals, standards, and recommendations for
        Federal, State, and local criminal justice agencies,
        organizations, institutions, and personnel; and
            ``(14) evaluation programs that study the effectiveness of
        new approaches, techniques, systems, programs, and devices
        employed to improve rural law enforcement systems.
    ``(b) Authority.--The National Center for Rural Law Enforcement
may--
            ``(1) enter into contracts with public or private agencies,
        organizations, or individuals for the performance of any of the
        functions of the Center;
            ``(2) enter into cooperative agreements with Federal,
        State, and local agencies and nonprofit entities to carry out
        the functions of the Center;
            ``(3) arrange with and reimburse the heads of Federal
        departments and agencies for the use of personnel, facilities,
        or equipment of such departments and agencies;
            ``(4) confer with and avail itself of the assistance,
        services, records, and facilities of State and local
        governments or other public or private agencies, organizations,
        and individuals; and
            ``(5) procure the services of experts and consultants in
        accordance with section 3109 of title 5, United States Code, at
        rates of compensation not to exceed the daily equivalent of the
        rate authorized for members of the Senior Executive Service,
        ES-6, Level 5, as authorized by section 5352 of title 5, United
        States Code.
    ``(c) Methods.--In carrying out its functions under this section,
the National Center for Rural Law Enforcement shall--
            ``(1) utilize consensus building;
            ``(2) work in cooperation with--
                    ``(A) rural, nonurban law enforcement agencies;
                    ``(B) agencies of Federal, State, and local
                governments; and
                    ``(C) institutions of higher learning, law
                enforcement associations, and other not-for-profit
                organizations;
            ``(3) request and receive from other Federal departments
        and agencies such statistics, data, program reports, and other
        materials necessary for the Center to carry out its functions;
            ``(4) arrange with and reimburse the heads of other Federal
        departments and agencies for the use of personnel, facilities,
        or equipment of such departments and agencies; and
            ``(5) use the assistance, services, records, and facilities
        of State and local governments or other public or private
        agencies, organizations, and individuals.

``SEC. 180403. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this
subtitle, as a separate line item in the Department of Justice
Appropriations Act--
            ``(1) $12,000,000 for fiscal year 1997; and
            ``(2) such sums as are necessary for each of the fiscal
        years 1998 through 2001.''.
    (b) Technical Amendment.--The table of contents for the Violent
Crime Control and Law Enforcement Act of 1994 is amended by adding at
the end of the matter relating to title XVIII, the following:

        ``Subtitle D--National Center for Rural Law Enforcement

``Sec. 180401. Establishment.
``Sec. 180402. Functions.
``Sec. 180403. Authorization of appropriations.''.

Summary: Rural Law Enforcement Act of 1996 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to establish the National Center for Rural Law Enforcement at the University of Arkansas at Little Rock. Establishes an advisory board and requires the Attorney General to appoint an Executive Director of the Center to prepare and submit a periodic report to the advisory board and the University. Sets forth the Director's functions, including providing for: (1) the support of rural law enforcement agencies with technical assistance and practical and focused research. (2) education and training for rural law enforcement managers and personnel, (3) grants and contracts to carry out this Act. (4) the establishment and continuation of a clearinghouse and information center on criminal justice and rural law enforcement. (5) consulting assistance and service to Federal, State, and local criminal justice agencies with respect to crime in rural areas. And (6) evaluation programs that study the effectiveness of new approaches employed to improve rural law enforcement systems. Authorizes appropriations to carry out this Act as a separate line item in the Department of Justice Appropriations Act.

Rural Law Enforcement Act of 1996


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fans Rights Act of 1995''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) professional sports teams foster a strong local
        identity with the people of the cities and regions in which
        they are located, providing a source of civic pride for their
        supporters;
            (2) professional sports teams provide employment
        opportunities, revenues, and a valuable form of entertainment
        for the cities and regions in which they are located;
            (3) there are significant public investments associated
        with professional sports facilities;
            (4) it is in the public interest to encourage professional
        sports leagues to operate under policies that promote stability
        among their member teams and to promote the equitable
        resolution of disputes arising from the proposed relocation of
        professional sports teams; and
            (5) professional sports teams travel in interstate to
        compete and utilize materials shipped in interstate commerce,
        and professional sports games are broadcast nationally.

SEC. 3. DEFINITIONS.

    As used in this Act--
            (1) the term ``home territory'' means the geographic area
        within which a member team operates and plays the majority of
        its home games, as defined in the governing agreement or
        agreements of the relevant league on November 1, 1995, or upon
        the commencement of operations of any league after such date;
            (2) the term ``interested party'' includes--
                    (A) any local government that has provided
                financial assistance, including tax abatement, to the
                facilities in which the team plays;
                    (B) a representative of the local government for
                the locality in which a member team's stadium or arena
                is located;
                    (C) a member team;
                    (D) the owner or operator of a stadium or arena of
                a member team; and
                    (E) any other affected party, as designated by the
                relevant league;
            (3) the term ``local government'' means a city, county,
        parish, town, township, village, or any other general
        governmental unit established under State law;
            (4) the terms ``member team'' and ``team'' mean any team of
        professional athletes--
                    (A) organized to play major league football,
                basketball, hockey, or baseball; and
                    (B) that is a member of a professional sports
                league;
            (5) the term ``person'' means any individual, partnership,
        corporation, or unincorporated association, any combination or
        association thereof, or any political subdivision;
            (6) the terms ``professional sports league'' and ``league''
        mean an association that--
                    (A) is composed of 2 or more member teams;
                    (B) regulates the contests and exhibitions of its
                member teams; and
                    (C) has been engaged in competition in a particular
                sport for more than 7 years; and
            (7) the terms ``stadium'' and ``arena'' mean the principal
        physical facility within which a member team plays the majority
        of its home games.

SEC. 4. CLARIFICATION OF ANTITRUST LAWS RELATED TO THE RELOCATION AND
              RELOCATION DETERMINATION CRITERIA.

    (a) Application of Antitrust Laws.--It shall not be unlawful by
reason of any provision of the antitrust laws for a professional sports
league to enforce rules authorizing the membership of the league to
decide that a member club of such league shall not be relocated.
    (b) Criteria for Relocation Decisions.--Notwithstanding any other
law, prior to making a decision to approve or disapprove the relocation
of a member team, a professional sports league shall take into
consideration--
            (1) the extent to which fan loyalty to and support for the
        team has been demonstrated during the team's tenure in the
        community;
            (2) the degree to which the team has engaged in good faith
        negotiations with appropriate persons concerning terms and
        conditions under which the team would continue to play its
        games in the community or elsewhere within its home territory;
            (3) the degree to which the ownership or management of the
        team has contributed to any circumstances that might
        demonstrate the need for the relocation;
            (4) the extent to which the team, directly or indirectly,
        received public financial support by means of any publicly
        financed playing facility, special tax treatment, or any other
        form of public financial support;
            (5) the adequacy of the stadium in which the team played
        its home games in the previous season, and the willingness of
        the stadium, arena authority, or local government to remedy any
        deficiencies in the facility;
            (6) whether the team has incurred net operating losses,
        exclusive of depreciation and amortization, sufficient to
        threaten the continued financial viability of the team;
            (7) whether any other team in the league is located in the
        community in which the team is located;
            (8) whether the team proposes to relocate to a community in
        which no other team in the league is located;
            (9) whether the stadium authority, if public, is opposed to
        the relocation; and
            (10) whether there is a bona fide investor offering fair
        market value for the member team and seeking to retain the team
        in the home territory.

SEC. 5. NOTICE OF PROPOSED CHANGE IN HOME TERRITORY AND RIGHT OF FIRST
              REFUSAL.

    (a) In General.--Any person seeking to change the home territory of
a member team to a location other than the location of such member
team's home territory shall furnish notice of such proposed change not
later than 180 days before the commencement of the season in which the
member team is to play in such other location.
    (b) Parties Entitled to Receive Notice.--The notice required under
subsection (a) shall be furnished to all interested parties.
    (c) Requirements.--The notice shall--
            (1) be in writing and delivered in person or by certified
        mail;
            (2) be made available to the news media;
            (3) be published in 1 or more newspapers of general
        circulation within the member team's home territory; and
            (4) contain--
                    (A) an identification of the proposed new location
                of such member team;
                    (B) a summary of the reasons for the change in home
                territory based on the criteria listed in section 4(b);
                and
                    (C) the date on which the proposed change would
                become effective.
    (d) Opportunity to Purchase.--
            (1) In general.--During the 180-day notice period under
        subsection (a), a local government, stadium, arena authority,
        person, or any combination thereof, may prepare and present a
        proposal to purchase the member team to retain the team in the
        home territory.
            (2) Membership in league.--If a bid under paragraph (1) is
        successful, the professional sports league of the member team
        shall not prohibit membership in the league on the basis that
        the new ownership of the member team is made up of multiple
        owners or that the new ownership includes 1 or more local
        governments.
    (e) Opportunity to Induce Team to Stay.--During the 180-day notice
period under subsection (a), a local government, stadium authority,
person, or any combination thereof, shall be given the opportunity to
prepare and present a proposal to induce the member team to remain in
its home territory.
    (f) Response.--The response of the owner to any offer made under
subsection (d) or (e) shall--
            (1) be in writing and delivered in person or by certified
        mail; and
            (2) state in detail the reasons for refusal of any bona
        fide offer.
    (g) Determination by League.--
            (1) In general.--The professional sports league shall make
        a determination with respect to the location of such member
        team's home territory before the expiration of the 180-day
        notice period required by this section.
            (2) Hearings.--In making a determination under this
        subsection, the professional sports league shall conduct a
        hearing at which interested parties are afforded an opportunity
        to present oral or written testimony regarding a change in the
        location of a member team's home territory. The league shall
        keep a record of all such proceedings.
            (3) Consideration of proposals.--The professional sports
        league shall take into account any inducement proposal that has
        been offered under subsection (e).
    (h) Considerations.--In determining whether to approve or
disapprove the relocation of a member team, a professional sports
league shall take into consideration the criteria listed in section
4(b).

SEC. 6. JUDICIAL REVIEW.

    (a) In General.--A decision by a professional sports league to
approve or disapprove the relocation of a member team may be reviewed
in a civil action brought by an interested party.
    (b) Venue.--
            (1) In general.--Subject to paragraph (3), venue shall be
        proper in any district court of the United States having
        jurisdiction over the action under section 1331 of title 28,
        United States Code.
            (2) Change of venue.--Subject to paragraph (3), upon the
        motion of any party, the district court may, for the
        convenience of the parties or in the interests of justice,
        transfer an action brought under this section to any district
        that has jurisdiction over such action under section 1331 of
        title 28, United States Code.
            (3) Limitation.--No action may be brought under this
        section in any United States district court of the State that
        contains--
                    (A) the member club's home territory; or
                    (B) the proposed location of such member club.
    (c) Additional Proceedings.--In any case in which the interested
parties have not been afforded an opportunity to present oral or
written testimony in accordance with section 5(f), the district court
may, by order, require the relevant professional sports league to
conduct additional proceedings at which such testimony may be
presented, and to reconsider its decision to approve or disapprove the
relocation based on such testimony. Not later than 30 days after the
date of any such order, the league shall reconsider and resubmit its
decision to the district court, and the district court shall review
such decision in accordance with this section.
    (d) No Waiver of Rights.--Nothing in this Act shall be construed to
require the waiver of any legal rights in existence prior to the date
of enactment of this Act.

SEC. 7. INAPPLICABILITY TO CERTAIN MATTERS.

    (a) In General.--Nothing contained in this Act shall--
            (1) alter, determine, or otherwise affect the applicability
        or inapplicability of the antitrust laws, the labor laws, or
        any other provision of law relating to the wages, hours, or
        other terms and conditions of employment of players in any
        professional sports league, to any employment matter regarding
        players in any such league, or to any collective bargaining
        rights and privilege of any player union in any such league;
            (2) alter or affect the applicability or inapplicability of
        the antitrust laws or any applicable Federal or State law
        relating to broadcasting or telecasting, including section 1291
        of title 15, United States Code, any agreement between any
        professional sports league or its member teams, and any person
        not affiliated with such a league for the broadcasting or
        telecasting of the games of such league or its member teams on
        any form of television;
            (3) affect any contract, or provision of a contract,
        relating to the use of a stadium or arena between a member team
        and the owner or operator of any stadium or arena or any other
        person;
            (4) exempt from the antitrust laws any agreement to fix the
        prices of admission to sports contests;
            (5) exempt from the antitrust laws any predatory practice
        or other conduct with respect to competing sports leagues that
        would otherwise be unlawful under the antitrust laws; or
            (6) except as provided in this Act, alter, determine, or
        otherwise affect the applicability or inapplicability of the
        antitrust laws to any act, contract, agreement, rule, course of
        conduct, or other activity by, between, or among persons
        engaging in, conducting, or participating in professional
        football, basketball, hockey, or baseball.
    (b) Definition.--As used in this section, the term ``antitrust
laws'' shall have the meaning given to such term in the first section
of the Clayton Act (15 U.S.C. 12) and in the Federal Trade Commission
Act (15 U.S.C. 41 et seq.).

SEC. 8. ATTEMPTS TO INFLUENCE RELOCATION DECISIONS.

    It shall be unlawful for any person, including a member team,
owner, or affiliated party, or any State or political subdivision, to
make or offer to make a payment of money or to provide or arrange with
others for the provision of other value to a league or to any of its
members in connection with a decision regarding the relocation of a
member team.

SEC. 9. EFFECTIVE DATE.

    This Act shall apply to any relocation of the home territory of a
member team that occurs on or after October 1, 1995.

Summary: Fans Rights Act of 1995 - Declares that it shall not be unlawful by reason of any provision of the antitrust laws for a professional sports league to enforce rules authorizing the membership of the league to decide that a member club of such league shall not be relocated. Sets forth criteria for relocation decisions by leagues, including: (1) fan loyalty. (2) the extent to which the team received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of such support. (3) the adequacy of the stadium in which the team played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility. And (4) whether the team has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the team. Requires any person seeking to change the home territory of a member team to furnish notice to all interested parties of the proposed change not later than 180 days before the commencement of the season in which the member team is to play in such other location. Sets forth notice requirements. Provides that, during the 180-day notice period, a local government, stadium, arena authority, person, or any combination thereof: (1) may prepare and present a proposal to purchase the member team to retain the team in the home territory. And (2) shall be given the opportunity to prepare and present such a proposal. Requires the response of the owner to any offer made to be in writing and delivered in person or by certified mail, stating in detail the reasons for refusal of any bona fide offer. Directs the league to make a determination with respect to the location of such member team's home territory before the expiration of the notice period, after conducting a hearing at which interested parties are afforded an opportunity to present testimony. Sets forth provisions regarding judicial review. Prohibits making or offering to make a payment, or to provide or arrange with others for the provision of other value, to a league or any of its members in connection with a decision regarding the relocation of a member team.

Fans Rights Act of 1995


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Greater Sage Grouse Protection and
Recovery Act of 2016''.

SEC. 2. PROTECTION AND RECOVERY OF GREATER SAGE GROUSE.

    (a) Definitions.--In this section:
            (1) Federal resource management plan.--The term ``Federal
        resource management plan'' means--
                    (A) a land use plan prepared by the Bureau of Land
                Management for public lands pursuant to section 202 of
                the Federal Land Policy and Management Act of 1976 (43
                U.S.C. 1712); or
                    (B) a land and resource management plan prepared by
                the Forest Service for National Forest System lands
                pursuant to section 6 of the Forest and Rangeland
                Renewable Resources Planning Act of 1974 (16 U.S.C.
                1604).
            (2) Greater sage grouse.--The term ``Greater Sage Grouse''
        means a sage grouse of the species Centrocercus urophasianus.
            (3) State management plan.--The term ``State management
        plan'' means a State-approved plan for the protection and
        recovery of the Greater Sage Grouse.
    (b) Purpose.--The purpose of this section is--
            (1) to facilitate implementation of State management plans
        over a period of multiple, consecutive Greater Sage Grouse life
        cycles; and
            (2) to demonstrate the efficacy of the State management
        plans for the protection and recovery of the Greater Sage
        Grouse.
    (c) Delay in Making Endangered Species Act of 1973 Finding.--
            (1) Delay required.--In the case of any State with a State
        management plan, the Secretary of the Interior may not make a
        finding under clause (i), (ii), or (iii) of section 4(b)(3)(B)
        of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(3)(B))
        with respect to the Greater Sage Grouse in that State before
        September 30, 2026.
            (2) Effect on other laws.--The delay imposed by paragraph
        (1) is, and shall remain, effective without regard to any other
        statute, regulation, court order, legal settlement, or any
        other provision of law or in equity.
            (3) Effect on conservation status.--Until the date
        specified in paragraph (1), the conservation status of the
        Greater Sage Grouse shall remain not warranted for listing
        under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
        seq.).
    (d) Coordination of Federal Land Management and State Management
Plans.--
            (1) Prohibition on withdrawals and modifications of federal
        resource management plans.--In order to foster coordination
        between a State management plan and Federal resource management
        plans that affect the Greater Sage Grouse, upon notification by
        the Governor of a State with a State management plan, the
        Secretary of the Interior and the Secretary of Agriculture, as
        applicable, may not exercise authority under section 204 of the
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714)
        to make, modify, or extend any withdrawal, nor amend or
        otherwise modify any Federal resource management plan
        applicable to Federal land in the State, in a manner
        inconsistent with the State management plan for a period, to be
        specified by the Governor in the notification, of at least five
        years beginning on the date of the notification.
            (2) Retroactive effect.--In the case of any State that
        provides notification under paragraph (1), if any withdrawal
        was made, modified, or extended or if any amendment or
        modification of a Federal resource management plan applicable
        to Federal lands in the State was issued during the three-year
        period preceding the date of the notification and the
        withdrawal, amendment, or modification altered management of
        the Greater Sage Grouse or its habitat, implementation and
        operation of the withdrawal, amendment, or modification shall
        be stayed to the extent that the withdrawal, amendment, or
        modification is inconsistent with the State management plan.
        The Federal resource management plan, as in effect immediately
        before the amendment or modification, shall apply instead with
        respect to management of the Greater Sage Grouse and its
        habitat, to the extent consistent with the State management
        plan.
            (3) Determination of inconsistency.--Any disagreement
        regarding whether a withdrawal, or an amendment or other
        modification of a Federal resource management plan, is
        inconsistent with a State management plan shall be resolved by
        the Governor of the affected State.
    (e) Relation to National Environmental Policy Act of 1969.--With
regard to any major Federal action consistent with a State management
plan, any findings, analyses, or conclusions regarding the Greater Sage
Grouse or its habitat under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not have
a preclusive effect on the approval or implementation of the major
Federal action in that State.
    (f) Reporting Requirement.--Not later than one year after the date
of the enactment of this Act and annually thereafter through 2026, the
Secretary of the Interior and the Secretary of Agriculture shall
jointly submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a report on the Secretaries' implementation and
effectiveness of systems to monitor the status of Greater Sage Grouse
on Federal lands under their jurisdiction.
    (g) Judicial Review.--Notwithstanding any other provision of
statute or regulation, the requirements and implementation of this
section, including determinations made under subsection (d)(3), are not
subject to judicial review.

Summary: Greater Sage Grouse Protection and Recovery Act of 2016 This bill delays findings by the Department of the Interior with respect to the greater sage grouse under the Endangered Species Act until September 30, 2026. Additionally, Interior and the Department of Agriculture (USDA)are prohibited from amending any federal resource management plans that affect the greater sage grouse in a state in which the governor has notified Interior or USDA that a state management plan is in place.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NEPA Reciprocity Act''.

SEC. 2. USE OF ALTERNATIVE ENVIRONMENTAL REVIEW AND APPROVAL PROCEDURES
              UNDER STATE LAWS FOR RAIL AND HIGHWAY PROJECTS.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish a program to
        eliminate duplicative environmental reviews and approvals under
        State and Federal law of projects. Under this program, a State
        may use State laws and procedures to conduct reviews and make
        approvals in lieu of Federal environmental laws and
        regulations, consistent with the provisions of this section.
            (2) Participating states.--All States are eligible to
        participate in the program.
            (3) Scope of alternative review and approval procedures.--
        For purposes of this section, alternative environmental review
        and approval procedures may include one or more of the
        following:
                    (A) Substitution of one or more State environmental
                laws for one or more Federal environmental laws, if the
                Secretary determines in accordance with this section
                that the State environmental laws provide environmental
                protection and opportunities for public involvement
                that are substantially equivalent to the applicable
                Federal environmental laws.
                    (B) Substitution of one or more State regulations
                for Federal regulations implementing one or more
                Federal environmental laws, if the Secretary determines
                in accordance with this section that the State
                regulations provide environmental protection and
                opportunities for public involvement that are
                substantially equivalent to the Federal regulations.
    (b) Application.--To participate in the program, a State shall
submit to the Secretary an application containing such information as
the Secretary may require, including--
            (1) a full and complete description of the proposed
        alternative environmental review and approval procedures of the
        State;
            (2) for each State law or regulation included in the
        proposed alternative environmental review and approval
        procedures of the State, an explanation of the basis for
        concluding that the law or regulation meets the requirements
        under subsection (a)(3); and
            (3) evidence of having sought, received, and addressed
        comments on the proposed application from the public and
        appropriate Federal environmental resource agencies.
    (c) Review of Application.--The Secretary shall--
            (1) review an application submitted under subsection (b);
            (2) approve or disapprove the application in accordance
        with subsection (d) not later than 90 days after the date of
        the receipt of the application; and
            (3) transmit to the State notice of the approval or
        disapproval, together with a statement of the reasons for the
        approval or disapproval.
    (d) Approval of State Programs.--
            (1) In general.--The Secretary shall approve each such
        application if the Secretary finds that the proposed
        alternative environmental review and approval procedures of the
        State are substantially equivalent to the applicable Federal
        environmental laws and Federal regulations.
            (2) Exclusion.--The National Environmental Policy Act of
        1969 and the Endangered Species Act of 1973 (16 U.S.C. 1531 et
        seq.) shall not apply to any decision by the Secretary to
        approve or disapprove any application submitted pursuant to
        this section.
    (e) Compliance With Permits.--Compliance with a permit or other
approval of a project issued pursuant to a program approved by the
Secretary under this section shall be considered compliance with the
Federal laws and regulations identified in the program approved by the
Secretary pursuant to this section.
    (f) Review and Termination.--
            (1) Review.--All State alternative environmental review and
        approval procedures approved under this section shall be
        reviewed by the Secretary not less than once every 5 years.
            (2) Public notice and comment.--In conducting the review
        process under paragraph (1), the Secretary shall provide notice
        and an opportunity for public comment.
            (3) Extensions and terminations.--At the conclusion of the
        review process, the Secretary may extend the State alternative
        environmental review and approval procedures for an additional
        5-year period or terminate the State program.
    (g) Report to Congress.--Not later than 2 years after the date of
enactment of this section, and annually thereafter, the Secretary shall
submit to Congress a report that describes the administration of the
program.
    (h) Definitions.--For purposes of this section:
            (1) Environmental law.--The term ``environmental law''
        includes any law that provides procedural or substantive
        protection, as applicable, for the natural or built environment
        with regard to the construction and operation of projects.
            (2) Federal environmental laws.--The term ``Federal
        environmental laws'' means laws governing the review of
        environmental impacts of, and issuance of permits and other
        approvals for, the construction and operation of projects,
        including section 102(2)(C) of the National Environmental
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the
        Federal Water Pollution Control Act (33 U.S.C. 1344), section
        106 of the National Historic Preservation Act (16 U.S.C. 470f),
        and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of the
        Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2),
        1538(a)(1)(B), 1539(a)(1)(B)).
            (3) Project.--The term ``project'' means any project
        eligible for federal assistance under title 23, subtitle V of
        title 49, or chapter 53 of title 49 of the United States Code,
        or involves the participation of more than one Department of
        Transportation modal administration or secretarial office.

Summary: NEPA Reciprocity Act Directs the Secretary of Transportation to establish a program to eliminate duplicative environmental reviews and approvals under state and federal law for rail and highway transportation projects. Authorizes a state to use state environmental review and approval laws and procedures, consistent with certain requirements, in lieu of federal environmental laws and regulations.

NEPA Reciprocity Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Gang Activity Act of
2004''.

SEC. 2. AMENDMENT TO TITLE 18.

    Section 922(g) of title 18, United States Code, is amended--
            (1) in paragraph (8), by striking ``or'' after the
        semicolon;
            (2) in paragraph (9), by striking the comma at the end and
        inserting ``; or''; and
            (3) by adding after paragraph (9) the following:
            ``(10) who participates in a criminal street gang as
        described in subsection (z);''.

SEC. 3. CRIMINAL STREET GANGS.

    Section 922 of title 18, United States Code, is amended by adding
at the end thereof the following:
    ``(z) As used in subsection (g)(10):
            ``(1) The term `criminal street gang' means a formal or
        informal group, club, organization, or association of 3 or more
        individuals, who act in concert, or agree to act in concert,
        with a purpose that any of these persons alone, or in any
        combination, commit or will commit, 2 or more predicate gang
        crimes, 1 of which occurs after the date of enactment of this
        subsection and the last of which occurs not later than 10 years
        (excluding any period of imprisonment) after the commission of
        a prior predicate gang crime, provided that the activities of
        the criminal street gang affect interstate or foreign commerce.
            ``(2) The term `predicate gang crime' means--
                    ``(A) any act or threat, or attempted act or
                threat, which is chargeable under Federal or State law
                and punishable by imprisonment for more than 1 year,
                involving murder, attempted murder, manslaughter,
gambling, kidnapping, robbery, extortion, arson, obstruction of
justice, tampering with or retaliating against a witness, victim, or
informant, burglary, sexual assault, carjacking, or manufacturing,
importing, distributing, possessing with intent to distribute, or
otherwise dealing in a controlled substance or listed chemicals (as
those terms are defined in section 102 of the Controlled Substances Act
(21 U.S.C. 802));
                    ``(B) any act punishable by imprisonment for more
                than 1 year under section 844 (relating to explosive
                materials), section 922(g)(1) (where the underlying
                conviction is a serious violent felony (as defined in
                section 3559(c)(2)(F) of this title) or is a serious
                drug offense (as defined in section 942(e)(2)(A) of
                this title), or subsection (a)(2), (b), (c), (g), or
                (h) of section 924 (relating to receipt, possession,
                and transfer of firearms), sections 1028 and 1029
                (relating to fraud and related activity in connection
                with identification documents or access devices),
                section 1503 (relating to obstruction of justice),
                section 1510 (relating to obstruction of criminal
                investigations), section 1512 (relating to tampering
                with a witness, victim, or informant), or section 1513
                (relating to retaliating against a witness, victim, or
                informant), section 1951 (relating to interference with
                commerce, robbery or extortion), section 1952 (relating
                to racketeering), section 1956 (relating to the
                laundering of monetary instruments), section 1957
                (relating to engaging in monetary transactions in
                property derived from specified unlawful activity),
                section 1958 (relating to use of interstate commerce
                facilities in the commission of murder-for-hire),
                sections 2312 through 2315 (relating to interstate
                transportation of stolen motor vehicles or stolen
                property); or
                    ``(C) any act involving the Immigration and
                Nationality Act, section 274 (relating to brining in
                and harboring certain aliens), section 277 (relating to
                aiding or assisting certain aliens to enter the United
                States), or section 278 (relating to importation of
                alien for immoral purpose).
            ``(3) The term `State' means each of the several States of
        the United States, the District of Columbia, and any
        commonwealth, territory, or possession of the United States.
            ``(4) The term `participates in a criminal street gang'
        means--
                    ``(A) to participate in a criminal street gang by
                committing, or conspiring or attempting to commit, 2 or
                more predicate gang crimes--
                            ``(i) in furtherance or in aid of the
                        activities of a criminal street gang; or
                            ``(ii) for the purpose of gaining entrance
                        to or maintaining or increasing position in
                        such a gang; or
                    ``(B) to employ, use, command, counsel, persuade,
                induce, entice, or coerce any individual to commit,
                cause to commit, or facilitate the commission of, a
                predicate gang crime--
                            ``(i) in furtherance or in aid of the
                        activities of a criminal street gang; or
                            ``(ii) for the purpose of gaining entrance
                        to or maintaining or increasing position in
                        such a gang.''.

Summary: Criminal Gang Activity Act of 2004 - Amends the Brady Handgun Violence Prevention Act to prohibit anyone who participates in a criminal street gang from possessing firearms or ammunition. Defines such participation as committing, or conspiring or attempting to commit, two or more predicate gang crimes, or inducing or facilitating the commission of a predicate gang crime, in furtherance of gang activities or for the purpose of gang membership or position.

A bill to prohibit members of criminal street gangs from possessing firearms.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employment Non-Discrimination Act of
1994''.

SEC. 2. DISCRIMINATION PROHIBITED.

    A covered entity, in connection with employment or employment
opportunities, shall not--
            (1) subject an individual to different standards or
        treatment on the basis of sexual orientation;
            (2) discriminate against an individual based on the sexual
        orientation of persons with whom such individual is believed to
        associate or to have associated; or
            (3) otherwise discriminate against an individual on the
        basis of sexual orientation.

SEC. 3. BENEFITS.

    This Act does not apply to the provision of employee benefits to an
individual for the benefit of his or her partner.

SEC. 4. NO DISPARATE IMPACT.

    The fact that an employment practice has a disparate impact, as the
term ``disparate impact'' is used in section 703(k) of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-2(k)), on the basis of sexual orientation
does not establish a prima facie violation of this Act.

SEC. 5. QUOTAS AND PREFERENTIAL TREATMENT PROHIBITED.

    (a) Quotas.--A covered entity shall not adopt or implement a quota
on the basis of sexual orientation.
    (b) Preferential Treatment.--A covered entity shall not give
preferential treatment to an individual on the basis of sexual
orientation.

SEC. 6. RELIGIOUS EXEMPTION.

    (a) In General.--Except as provided in subsection (b), this Act
shall not apply to religious organizations.
    (b) For-Profit Activities.--This Act shall apply to a religious
organization's for-profit activities subject to taxation under section
511(a) of the Internal Revenue Code of 1986 as in effect on the date of
the enactment of this Act.

SEC. 7. NONAPPLICATION TO MEMBERS OF THE ARMED FORCES; VETERANS'
              PREFERENCES.

    (a) Armed Forces.--(1) For purposes of this Act, the term
``employment or employment opportunities'' does not apply to the
relationship between the United States and members of the Armed Forces.
    (2) As used in paragraph (1), the term ``Armed Forces'' means the
Army, Navy, Air Force, Marine Corps, and Coast Guard.
    (b) Veterans' Preferences.--This Act does not repeal or modify any
Federal, State, territorial, or local law creating special rights or
preferences for veterans.

SEC. 8. ENFORCEMENT.

    (a) Enforcement Powers.--With respect to the administration and
enforcement of this Act--
            (1) the Commission and the Librarian of Congress shall have
        the same powers, respectively, as the Commission and the
        Librarian of Congress have to administer and enforce title VII
        of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);
            (2) the Attorney General of the United States shall have
        the same powers as the Attorney General has to administer and
        enforce such title; and
            (3) the district courts of the United States shall have the
        same jurisdiction and powers as such courts have to enforce
        such title and section 309 of the Civil Rights Act of 1991 (2
        U.S.C. 1209).
    (b) Procedures and Remedies.--The procedures and remedies
applicable to a claim for a violation of this Act are as follows:
            (1) For a violation alleged by an individual, other than an
        individual specified in paragraph (2) or (3), the procedures
        and remedies applicable to a claim brought by an individual for
        a violation of title VII of the Civil Rights Act of 1964 (42
        U.S.C. 2000e et seq.) shall apply.
            (2) For a violation alleged by an employee of the House of
        Representatives or of an instrumentality of the Congress, the
        procedures and remedies applicable to a claim by such employee
        for a violation of section 117 of the Civil Rights Act of 1991
        (2 U.S.C. 60l) shall apply.
            (3) For a violation alleged by a Senate employee, the
        procedures and remedies applicable to a claim by such employee
        for a violation of section 302 of the Civil Rights Act of 1991
        (2 U.S.C. 1202) shall apply.

SEC. 9. STATE AND FEDERAL IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the eleventh
article of amendment to the Constitution of the United States from an
action in a Federal court of competent jurisdiction for a violation of
this Act. In an action against a State for a violation of this Act,
remedies (including remedies at law and in equity) are available for
the violation to the same extent as such remedies are available in an
action against any public or private entity other than a State.
    (b) Liability of the United States.--The United States shall be
liable for all remedies under this Act to the same extent as a private
person and shall be liable to the same extent as a nonpublic party for
interest to compensate for delay in payment.

SEC. 10. ATTORNEYS' FEES.

    In any action or administrative proceeding commenced pursuant to
this Act, the court or the Commission, in its discretion, may allow the
prevailing party, other than the United States, a reasonable attorney's
fee, including expert fees and other litigation expenses, and costs.
The United States shall be liable for the foregoing the same as a
private person.

SEC. 11. RETALIATION AND COERCION PROHIBITED.

    (a) Retaliation.--A covered entity shall not discriminate against
an individual because such individual opposed any act or practice
prohibited by this Act or because such individual made a charge,
assisted, testified, or participated in any manner in an investigation,
proceeding, or hearing under this Act.
    (b) Coercion.--A person shall not coerce, intimidate, threaten, or
interfere with any individual in the exercise or enjoyment of, or on
account of his or her having exercised, enjoyed, assisted, or
encouraged the exercise or enjoyment of, any right granted or protected
by this Act.

SEC. 12. POSTING NOTICES.

    A covered entity shall post notices for employees, applicants for
employment, and members describing the applicable provisions of this
Act in the manner prescribed by, and subject to the penalty provided
under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
10).

SEC. 13. REGULATIONS.

    The Commission shall have authority to issue regulations to carry
out this Act.

SEC. 14. RELATIONSHIP TO OTHER LAWS.

    This Act shall not invalidate or limit the rights, remedies, or
procedures available to an individual claiming discrimination
prohibited under any other Federal law or any law of a State or
political subdivision of a State.

SEC. 15. SEVERABILITY.

    If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be invalid, the remainder of
this Act and the application of such provision to other persons or
circumstances shall not be affected thereby.

SEC. 16. EFFECTIVE DATE.

    This Act shall take effect 60 days after the date of the enactment
of this Act and shall not apply to conduct occurring before such
effective date.

SEC. 17. DEFINITIONS.

    As used in this Act:
            (1) The term ``Commission'' means the Equal Employment
        Opportunity Commission.
            (2) The term ``covered entity'' means an employer,
        employment agency, labor organization, joint labor management
        committee, an entity to which section 717(a) of the Civil
        Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing
        authority of the House of Representatives, an employing office
        of the Senate, or an instrumentality of the Congress.
            (3) The term ``employer'' has the meaning given such term
        in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(b)).
            (4) The term ``employment agency'' has the meaning given
        such term in section 701(c) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(c)).
            (5) The term ``employment or employment opportunities''
        includes job application procedures, hiring, advancement,
        discharge, compensation, job training, or any other term,
        condition, or privilege of employment.
            (6) The term ``instrumentalities of the Congress'' has the
        meaning given such term in section 117(b)(4) of the Civil
        Rights Act of 1991 (2 U.S.C. 60l(b)(4)).
            (7) The term ``labor organization'' has the meaning given
        such term in section 701(d) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(d)).
            (8) The term ``person'' has the meaning given such term in
        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(a)).
            (9) The term ``religious organization'' means--
                    (A) a religious corporation, association, or
                society; or
                    (B) a college, school, university, or other
                educational institution, not otherwise a religious
                organization, if--
                            (i) it is in whole or substantial part
                        controlled, managed, owned, or supported by a
                        religious corporation, association, or society;
                        or
                            (ii) its curriculum is directed toward the
                        propagation of a particular religion.
            (10) The term ``Senate employee'' has the meaning given
        such term in section 301(c) of the Civil Rights Act of 1991 (2
        U.S.C. 1201(c)).
            (11) The term ``sexual orientation'' means lesbian, gay,
        bisexual, or heterosexual orientation, real or perceived, as
        manifested by identity, acts, statements, or associations.
            (12) The term ``State'' has the meaning given such term in
        section 701(i) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(i)).

Summary: Employment Non-Discrimination Act of 1994 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including employing authorities of the House of Representatives, employing offices of the Senate, and instrumentalities of the Congress. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner. And (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations, (2) the armed forces. Or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State and Federal immunity. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.


SECTION 1. STATEMENT OF PRINCIPLES.

    (a) Purpose.--It is the purpose of this Act to create principles
governing the conduct of commercial cooperation projects of United
States nationals in the Socialist Republic of Vietnam.
    (b) Principles.--It is the sense of the Congress that any United
States national conducting a commercial cooperation project in the
Socialist Republic of Vietnam should adhere to the following
principles:
            (1) Seek to ensure that political or religious views, sex,
        ethnic or national background, involvement in political
        activities or nonviolent demonstrations, or association with
        suspected or known dissidents will not prohibit hiring, lead to
        harassment, demotion, or dismissal, or in any way affect the
        status or terms of employment in the commercial cooperation
        project. The United States national should not discriminate in
        terms or conditions of employment in the commercial cooperation
        project against former members of the armed forces of the
        Republic of Vietnam (South Vietnam), former government
        officials of the Republic of Vietnam, former employees of the
        United States Government in the Republic of Vietnam, former
        employees of United States Government officials in the Republic
        of Vietnam, former employees of United States enterprises in
        the Republic of Vietnam, and repatriated asylum-seekers (so-
        called ``boat people'').
            (2) Ensure that methods of production used in the
        commercial cooperation project do not pose an unnecessary
        physical danger to workers and neighboring populations and
        property and that the commercial cooperation project does not
        unnecessarily risk harm to the surrounding environment.
            (3) Strive to use business enterprises that are not
        controlled by the Socialist Republic of Vietnam or its
        authorized agents and departments as potential partners in the
        commercial cooperation project.
            (4) Prohibit any military presence on the premises of the
        commercial cooperation project.
            (5) Undertake to promote freedom of association and
        assembly among the employees of the United States national,
        including the right of employees to form collective bargaining
        units. The United States national should protest any
        infringement by the Government of the Socialist Republic of
        Vietnam of these freedoms to the appropriate authorities of
        that government and to the International Labor Organization.
            (6) Prohibit any compulsory political indoctrination
        programs from taking place on the premises of the operations of
        the commercial cooperation project.
            (7) Promote freedom of expression, including the freedom to
        seek, receive, and impart information and ideas of all kinds,
        regardless of frontiers, either orally, in writing or in print,
        in the form of art, or through any media. To this end, the
        United States national should raise with appropriate
        authorities of the Government of the Socialist Republic of
        Vietnam concerns about restrictions on importation of foreign
        publications.
            (8) Undertake to promote a full accounting of all Americans
        missing in action from the Vietnam conflict.
    (c) Promotion of Principles by Other Nations.--The Secretary of
State shall forward a copy of the principles described in subsection
(b) to the member nations of the Organization for Economic Cooperation
and Development and encourage them to promote principles similar to
these principles.

SEC. 2. REGISTRATION REQUIREMENT.

    (a) In General.--Each United States national conducting a
commercial cooperation project in the Socialist Republic of Vietnam
shall register with the Secretary of State and indicate whether the
United States national agrees to implement the principles described in
section 1(b). No fee shall be required for registration under this
subsection.
    (b) Effective Date.--The registration requirement of subsection (a)
shall take effect 6 months after the date of the enactment of this Act.

SEC. 3. REPORTING REQUIREMENTS.

    (a) Report.--Each United States national conducting a commercial
cooperation project in the Socialist Republic of Vietnam shall report
to the Department of State describing the United States national's
adherence to the principles described in section 1(b). Such national
shall submit a completed reporting form furnished by the Department of
State. The first report shall be submitted not later than 1 year after
the date on which the national registers under section 2 and not later
than the end of each 1-year period occurring thereafter.
    (b) Review of Report.--The Secretary of State shall review each
report submitted under subsection (a) and determine whether the United
States national submitting the report is adhering to the principles
described in section 1(b). The Secretary may request additional
information from the United States national and other sources to verify
the information submitted.
    (c) Annual Report.--The Secretary of State shall submit a report to
the Congress and to the Secretariat of the Organization for Economic
Cooperation and Development, describing the level of adherence to the
principles described in section 1(b) by United States nationals subject
to the reporting requirement of subsection (a). This report shall be
submitted not later than 2 years after the date of the enactment of
this Act and not later than the end of each 1-year period occurring
thereafter.

SEC. 4. EXPORT MARKETING SUPPORT.

    (a) Support.--Departments and agencies of the United States may
only intercede with a foreign government or foreign national regarding
export marketing activity in the Socialist Republic of Vietnam on
behalf of a United States national subject to the reporting
requirements of section 3(a) if that United States national adheres to
the principles.
    (b) Type of Contact.--The term ``intercede with a foreign
government or foreign national'' includes any contact by an officer or
employee of the United States with officials of any foreign government
or foreign national involving or contemplating any effort to assist in
selling a good, service, or technology in the Socialist Republic of
Vietnam. Such term does not include multilateral or bilateral
government-to-government trade negotiations intended to resolve trade
issues which may affect United States nationals who do not adhere to
the principles.
    (c) Effective Date.--Subsection (a) shall take effect 2 years after
the date of enactment of this Act.

SEC. 5. DEFINITIONS.

    For purposes of this Act--
            (1) the terms ``adhere to the principles'', ``adhering to
        the principles'' and ``adherence to the principles'' mean--
                    (A) agreeing to implement the principles described
                in section 1(b);
                    (B) implementing those principles by taking good
                faith measures with respect to each such principle; and
                    (C) reporting accurately to the Department of State
                on the measures taken to implement those principles;
            (2) the term ``commercial cooperation project'' refers to a
        for-profit activity the business operations of which employ
        more than 25 individuals or have assets greater than $25,000;
        and
            (3) the term ``United States national'' means--
                    (A) a citizen or national of the United States or a
                permanent resident of the United States; and
                    (B) a corporation, partnership, and other business
                association organized under the laws of the United
                States, any State or territory thereof, the District of
                Columbia, the Commonwealth of Puerto Rico, or the
                Commonwealth of the Northern Mariana Islands.

Summary: Expresses the sense of the Congress that any US national conducting a commercial cooperation project in Vietnam should adhere to specified principles regarding: (1) nondiscrimination in employment, (2) worker and environmental safety, (3) partnerships with businesses not controlled by the Vietnamese Government. (4) prohibitions on a military presence and political indoctrination programs on project premises, (5) freedoms of association and expression. And (6) the promotion of a full accounting of all Americans missing in action from the Vietnam conflict. Directs the Secretary of State to encourage member nations of the Organization for Economic Cooperation and Development to promote similar principles. Requires US nationals conducting commercial cooperation projects in Vietnam to: (1) register with the Secretary and indicate whether they agree to implement such principles. And (2) report annually to the Department of State on adherence to such principles. Permits Federal agencies to intercede with a foreign government or national on behalf of such a US national regarding export marketing activities in Vietnam only if such individual adheres to the principles.

To encourage liberty inside the Socialist Republic of Vietnam.