SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ottawa National Wildlife Refuge
Complex Expansion and Detroit River International Wildlife Refuge
Expansion Act''.

SEC. 2. FINDINGS.

    Congress finds that--
        (1) the western basin of Lake Erie, as part of the Great Lakes
    ecosystem--
            (A) is the largest freshwater ecosystem in the world; and
            (B) is vitally important to the economic and environmental
        future of the United States;
        (2) over the 30-year period preceding the date of enactment of
    this Act, the citizens and governmental institutions of the United
    States and Canada have devoted increasing attention and resources
    to the restoration of the water quality and fisheries of the Great
    Lakes, including the western basin;
        (3) that increased awareness has been accompanied by a gradual
    shift toward a holistic ecosystem approach that highlights a
    growing recognition that shoreline areas, commonly referred to as
    nearshore terrestrial ecosystems, are an integral part of the
    western basin and the Great Lakes ecosystem;
        (4) the Great Lakes account for more than 90 percent of the
    surface freshwater in the United States;
        (5) the western basin receives approximately 90 percent of its
    flow from the Detroit River and only approximately 10 percent from
    tributaries;
        (6) the western basin is an important ecosystem that includes a
    number of distinct islands, channels, rivers, and shoals that
    support dense populations of fish, wildlife, and aquatic plants;
        (7) coastal wetland of Lake Erie supports the largest diversity
    of plant and wildlife species in the Great Lakes;
        (8) because Lake Erie is located at a more southern latitude
    than other Great Lakes, the moderate climate of Lake Erie is
    appropriate for many species that are not found in or along the
    northern Great Lakes;
        (9) more than 300 species of plants, including 37 significant
    species, have been identified in the aquatic and wetland habitats
    of the western basin;
        (10) the shallow western basin of Lake Erie, extending from the
    Lower Detroit River to Sandusky Bay, is home to the greatest
    concentration of marshes in Lake Erie, including--
            (A) Mouille, Metzger, and Magee marshes;
            (B) the Maumee Bay wetland complex;
            (C) the wetland complexes flanking Locust Point; and
            (D) the wetland in Sandusky Bay;
        (11) the larger islands of the United States in western Lake
    Erie have wetland in small embayments;
        (12) the wetland in the western basin comprises some of the
    most important waterfowl habitat in the Great Lakes;
        (13) waterfowl, wading birds, shore birds, gulls and terns,
    raptors, and perching birds use the wetland in the western basin
    for migration, nesting, and feeding;
        (14) hundreds of thousands of diving ducks stop to rest in the
    Lake Erie area during autumn migration from Canada to points east
    and south;
        (15) the wetland of the western basin provides a major stopover
    for ducks, such as migrating bufflehead, common goldeneye, common
    mergansers, and ruddy duck;
        (16) the international importance of Lake Erie is indicated in
    the United States by congressional designation of the Ottawa and
    Cedar Point National Wildlife Refuges;
        (17)(A) Lake Erie has an international reputation for walleye,
    perch, and bass fishing, recreational boating, birding,
    photography, and duck hunting; and
        (B) on an economic basis, tourism in the Lake Erie area
    accounts for an estimated $1,500,000,000 in retail sales and more
    than 50,000 jobs;
        (18)(A) many of the 417,000 boats that are registered in the
    State of Ohio are used in the western basin, in part to fish for
    the estimated 10,000,000 walleye that migrate from the lake to
    spawn; and
        (B) that internationally renowned walleye fishery drives much
    of the $2,000,000,000 sport fishing industry in the State of Ohio;
        (19) coastal wetland in the western basin has been subjected to
    intense pressure for 150 years;
        (20) prior to 1850, the western basin was part of an extensive
    coastal marsh and swamp system consisting of approximately 122,000
    hectares that comprised a portion of the Great Black Swamp;
        (21) by 1951, only 12,407 wetland hectares remained in the
    western basin;
        (22) 50 percent of that acreage was destroyed between 1972 and
    1987, leaving only approximately 5,000 hectares in existence today;
        (23) along the Michigan shoreline, coastal wetland was reduced
    by 62 percent between 1916 and the early 1970s;
        (24) the development of the city of Monroe, Michigan, has had a
    particularly significant impact on the coastal wetland at the mouth
    of the Raisin River;
        (25) only approximately 100 hectares remain physically
    unaltered today in an area in which, 70 years ago, marshes were 10
    times more extensive;
        (26) in addition to the actual loss of coastal wetland acreage
    along the shores of Lake Erie, the quality of much remaining dike
    wetland has been degraded by numerous stressors, especially
    excessive loadings of sediments and nutrients, contaminants,
    shoreline modification, exotic species, and the diking of wetland;
    and
        (27) protective peninsula beach systems, such as the former Bay
    Point and Woodtick, at the border of Ohio and Michigan near the
    mouth of the Ottawa River and Maumee Bay, have been eroded over the
    years, exacerbating erosion along the shorelines and negatively
    affecting breeding and spawning grounds.

SEC. 3. DEFINITIONS.

    In this Act:
        (1) International refuge.--The term ``International Refuge''
    means the Detroit River International Wildlife Refuge established
    by section 5(a) of the Detroit River International Wildlife Refuge
    Establishment Act (16 U.S.C. 668dd note; 115 Stat. 894).
        (2) Refuge complex.--The term ``Refuge Complex'' means the
    Ottawa National Wildlife Refuge Complex and the lands and waters in
    the complex, as described in the document entitled ``The
    Comprehensive Conservation Plan for the Ottawa National Wildlife
    Refuge Complex'' and dated September 22, 2000, including--
            (A) the Ottawa National Wildlife Refuge, established by the
        Secretary in accordance with the Migratory Bird Conservation
        Act (16 U.S.C. 715 et seq.);
            (B) the West Sister Island National Wildlife Refuge
        established by Executive Order No. 7937, dated August 2, 1937;
        and
            (C) the Cedar Point National Wildlife Refuge established by
        the Secretary in accordance with the Migratory Bird
        Conservation Act (16 U.S.C. 715 et seq.).
        (3) Secretary.--The term ``Secretary'' means the Secretary of
    the Interior.
        (4) Western basin.--
            (A) In general.--The term ``western basin'' means the
        western basin of Lake Erie, consisting of the land and water in
        the watersheds of Lake Erie extending from the watershed of the
        Lower Detroit River in the State of Michigan to and including
        Sandusky Bay and the watershed of Sandusky Bay in the State of
        Ohio.
            (B) Inclusion.--The term ``western basin'' includes the
        Bass Island archipelago in the State of Ohio.

SEC. 4. EXPANSION OF BOUNDARIES.

    (a) Refuge Complex Boundaries.--
        (1) Expansion.--The boundaries of the Refuge Complex are
    expanded to include land and water in the State of Ohio from the
    eastern boundary of Maumee Bay State Park to the eastern boundary
    of the Darby Unit (including the Bass Island archipelago), as
    depicted on the map entitled ``Ottawa National Wildlife Refuge
    Complex Expansion and Detroit River International Wildlife Refuge
    Expansion Act'' and dated September 6, 2002.
        (2) Availability of map.--The map referred to in paragraph (1)
    shall be available for inspection in appropriate offices of the
    United States Fish and Wildlife Service.
    (b) Boundary Revisions.--The Secretary may make such revisions of
the boundaries of the Refuge Complex as the Secretary determines to be
appropriate to facilitate the acquisition of property within the Refuge
Complex.
    (c) Acquisition.--
        (1) In general.--Subject to paragraph (2), the Secretary may
    acquire by donation, purchase with donated or appropriated funds,
    or exchange the land and water, and interests in land and water
    (including conservation easements), within the boundaries of the
    Refuge Complex.
        (2) Manner of Acquisition.--Any and all acquisitions of land or
    waters under the provisions of this Act shall be made in a
    voluntary manner and shall not be the result of forced takings.
    (d) Transfers From Other Agencies.--Administrative jurisdiction
over any Federal property that is located within the boundaries of the
Refuge Complex and under the administrative jurisdiction of an agency
of the United States other than the Department of the Interior may,
with the concurrence of the head of the administering agency, be
transferred without consideration to the Secretary for the purpose of
this Act.
    (e) Study of Associated Area.--
        (1) In general.--The Secretary, acting through the Director of
    the United States Fish and Wildlife Service, shall conduct a study
    of fish and wildlife habitat and aquatic and terrestrial
    communities in and around the 2 dredge spoil disposal sites that
    are--
            (A) referred to by the Toledo-Lucas County Port Authority
        as ``Port Authority Facility Number Three'' and ``Grassy
        Island'', respectively; and
            (B) located within Toledo Harbor near the mouth of the
        Maumee River.
        (2) Report.--Not later than 18 months after the date of
    enactment of the Act, the Secretary shall--
            (A) complete the study under paragraph (1); and
            (B) submit to Congress a report on the results of the
        study.

SEC. 5. EXPANSION OF INTERNATIONAL REFUGE BOUNDARIES.

    The southern boundary of the International Refuge is extended south
to include additional land and water in the State of Michigan located
east of Interstate Route 75, extending from the southern boundary of
Sterling State Park to the Ohio State boundary, as depicted on the map
referred to in section 4(a)(1).

SEC. 6. ADMINISTRATION.

    (a) Refuge Complex.--
        (1) In general.--The Secretary shall administer all federally
    owned land, water, and interests in land and water that are located
    within the boundaries of the Refuge Complex in accordance with--
            (A) the National Wildlife Refuge System Administration Act
        of 1966 (16 U.S.C. 668dd et seq.); and
            (B) this Act.
        (2) Additional authority.--The Secretary may use such
    additional statutory authority available to the Secretary for the
    conservation of fish and wildlife, and the provision of
    opportunities for fish- and wildlife-dependent recreation, as the
    Secretary determines to be appropriate to carry out this Act.
    (b) Additional Purposes.--In addition to the purposes of the Refuge
Complex under other laws, regulations, Executive orders, and
comprehensive conservation plans, the Refuge Complex shall be managed--
        (1) to strengthen and complement existing resource management,
    conservation, and education programs and activities at the Refuge
    Complex in a manner consistent with the primary purposes of the
    Refuge Complex--
            (A) to provide major resting, feeding, and wintering
        habitats for migratory birds and other wildlife; and
            (B) to enhance national resource conservation and
        management in the western basin;
        (2) in partnership with nongovernmental and private
    organizations and private individuals dedicated to habitat
    enhancement, to conserve, enhance, and restore the native aquatic
    and terrestrial community characteristics of the western basin
    (including associated fish, wildlife, and plant species);
        (3) to facilitate partnerships among the United States Fish and
    Wildlife Service, Canadian national and provincial authorities,
    State and local governments, local communities in the United States
    and Canada, conservation organizations, and other non-Federal
    entities to promote public awareness of the resources of the
    western basin; and
        (4) to advance the collective goals and priorities that--
            (A) were established in the report entitled ``Great Lakes
        Strategy 2002--A Plan for the New Millennium'', developed by
        the United States Policy Committee, comprised of Federal
        agencies (including the United States Fish and Wildlife
        Service, the National Oceanic and Atmospheric Administration,
        the United States Geological Survey, the Forest Service, and
        the Great Lakes Fishery Commission) and State governments and
        tribal governments in the Great Lakes basin; and
            (B) include the goals of cooperating to protect and restore
        the chemical, physical, and biological integrity of the Great
        Lakes basin ecosystem.
    (c) Priority Uses.--In providing opportunities for compatible fish-
and wildlife-dependent recreation, the Secretary, in accordance with
paragraphs (3) and (4) of section 4(a) of the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd(a)), shall ensure
that hunting, fishing, wildlife observation and photography, and
environmental education and interpretation are the priority public uses
of the Refuge Complex.
    (d) Cooperative Agreements Regarding Non-Federal Land.--To promote
public awareness of the resources of the western basin and encourage
public participation in the conservation of those resources, the
Secretary may enter into cooperative agreements with the State of Ohio
or Michigan, any political subdivision of the State, or any person for
the management, in a manner consistent with this Act, of land that--
        (1) is owned by the State, political subdivision, or person;
    and
        (2) is located within the boundaries of the Refuge Complex.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are
necessary--
        (1) to acquire land and water within the Refuge Complex under
    section 4(c);
        (2) to carry out the study under section 4(e); and
        (3) to develop, operate, and maintain the Refuge Complex.

                               Speaker of the House of Representatives.

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

Summary: Ottawa National Wildlife Refuge Complex Expansion and Detroit River International Wildlife Refuge Expansion Act - Expands the Ottawa National Wildlife Refuge Complex to include specified land and water in the State of Ohio. Permits the Secretary of the Interior to acquire by donation, purchase, or exchange the land and water and interests in land and water within the boundaries of the Complex. Directs the Secretary, acting through the Director of the United States Fish and Wildlife Service, to study and report to Congress on fish and wildlife habitat and aquatic and terrestrial communities in and around two specified dredge spoil disposal sites in Toledo Harbor. Expands the southern boundary of the Detroit River International Wildlife Refuge to include additional land and water located in the State of Michigan east of Interstate Route 75. Prescribes requirements for administration of the Complex. Directs the Secretary to administer all Federally owned land, water, and interests in land and water that are located within the boundaries of the Complex in accordance with this Act and the National Wildlife Refuge System Administration Act of 1966. States that the Complex shall be managed to strengthen and complement existing resource management, conservation, and education programs and activities in order to facilitate: (1) the provision of major resting, feeding, and wintering habits for migratory birds and other wildlife. And (2) the enhancement of national resource conservation and management in the western basin. States other purposes for which the Complex shall be managed, including to protect and restore the chemical, physical, and biological integrity of the Great Lakes basin ecosystem. Directs the Secretary to ensure that hunting, trapping, fishing, wildlife observation and photography, and environmental education and interpretation shall be the priority public uses of the Complex. Authorizes appropriations.

To expand the boundaries of the Ottawa National Wildlife Refuge Complex and the Detroit River International Wildlife Refuge.


SECTION 1. PRE-DECISIONAL ADMINISTRATIVE REVIEW PROCESS FOR FOREST
              SERVICE ACTIONS IMPLEMENTING LAND AND RESOURCE MANAGEMENT
              PLANS.

    (a) Replacement of Current Administrative Appeals Process.--Section
322 of Public Law 102-381 (16 U.S.C. 1612 note) is amended by striking
subsections (c), (d), and (e) and inserting the following new
subsections:
    ``(c) Pre-Decisional Administrative Review Process for Certain
Forest Service Actions.--
            ``(1) Establishment as sole means for administrative
        review.--The Secretary shall establish by regulation a pre-
        decisional administrative review process that will serve as the
        sole means by which a person can seek administrative review
        regarding proposed actions referred to in subsection (a).
            ``(2) Review period.--The pre-decisional administrative
        review process for a proposed action referred to in subsection
        (a) shall occur during the period--
                    ``(A) beginning after the completion of the
                environmental assessment or environmental impact
                statement prepared for the action; and
                    ``(B) ending not later than the date of the
                issuance of the final decision approving the action.
            ``(3) Eligibility.--To be eligible to participate in the
        pre-decisional administrative review process for a proposed
        action referred to in subsection (a), a person shall submit to
        the Secretary, during scoping or the public comment period for
        the draft environmental analysis for the action, specific
        written comments that relate to the proposed action.
            ``(4) Notice of proposed decision.--Following the
        conclusion of the pre-decisional administrative review process
        for a proposed action referred to in subsection (a), the
        Secretary shall provide notice of, and distribute, the proposed
        decision along with the final environmental assessment or
        environmental impact statement.
    ``(d) Emergency Situations.--
            ``(1) Exemption from pre-decisional administrative review
        process.--Subject to paragraphs (2) and (3), if the Chief of
        the Forest Service determines that an emergency situation
        exists for which immediate implementation of a proposed action
        referred to in subsection (a) is necessary, the proposed action
        shall not be subject the pre-decisional administrative review
        process in subsection (c).
            ``(2) Notice; post-decisional objection process.--In the
        case of an action exempted under paragraph (1), the Forest
        Service shall--
                    ``(A) provide notice of the final decision for the
                proposed action; and
                    ``(B) provide for an expedited post-decisional
                review process.
            ``(3) Implementation.--The Forest Service may implement an
        action exempted under paragraph (1) immediately after notice is
        provided under paragraph (2)(A) and continue such
        implementation during the post-decisional administrative review
        process.
    ``(e) Efforts To Expedite Judicial Review.--Subsections (b) and
(c)(3) of section 106 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6516) shall apply with respect to--
            ``(1) the judicial review of an action challenging an
        action referred to in subsection (a); and
            ``(2) any request for an injunction regarding such an
        action.
    ``(f) Relationship to Other Authorities.--This section does not
apply to--
            ``(1) an authorized hazardous fuel reduction project under
        title I of the Healthy Forests Restoration Act of 2003 (16
        U.S.C. 6501 et seq.), which has its own special administrative
        review process under section 105 of such Act (16 U.S.C. 6515);
        and
            ``(2) a proposed action referred to in subsection (a) for
        which a categorically exclusion is provided.
    ``(g) Short Title.--This section may be cited as the `Forest
Service Administrative Review Act'.''.
    (b) Technical Corrections.--Section 322 of Public Law 102-381 (16
U.S.C. 1612 note) is further amended--
            (1) in subsection (a), by striking ``(16 U.S.C. 1601 et
        seq.)'' and inserting ``(16 U.S.C. 1600 et seq.)''; and
            (2) in subsection (b)--
                    (A) by striking ``Secretary'' both places it
                appears and inserting ``Forest Service''; and
                    (B) by striking the comma at the end of paragraph
                (1)(A).
    (c) Effective Date and Interim Process.--
            (1) Effective date.--Subject to paragraph (3), the pre-
        decisional administrative review process required by subsection
        (c) of section 322 of Public Law 102-381 (16 U.S.C. 1612 note),
        as added by subsection (a), shall take effect upon the issuance
        of final regulations by the Secretary of Agriculture
        establishing the process.
            (2) Interim process.--Pending issuance of the final
        regulations, the Secretary shall apply--
                    (A) the regulations in part 215, title 36, Code of
                Federal Regulations that implement the notice and
                comment provisions in subsections (a) and (b) of
                section 322 of Public Law 102-381; and
                    (B) the regulations in part 218, title 36, Code of
                Federal Regulations, to provide the pre-decisional
                administrative review process under subsection (c) of
                section 322 of Public Law 102-381, except that
                subsection (c)(5) of such section shall apply to
                require notice and distribution of proposed decisions.
            (3) Transition.--Upon issuance of the final regulations,
        the Secretary shall no longer apply the regulations in part
        215, title 36, Code of Federal Regulations, that implement
        subsections (c), (d), and (e) of section 322 of Public Law 102-
        381, as in effect on the day before the date of enactment of
        this Act, except with respect to a decision which was, or could
        have been, appealed under such part on the day before the date
        of the issuance of the final regulations.

Summary: Forest Service Administrative Review Act - Directs the Secretary of Agriculture (USDA), through the Forest Service, to establish a pre-decisional administrative review process that will serve as the sole means by which persons can seek an administrative review regarding proposed actions of the Forest Service concerning projects and activities that implement land and resource management plans developed under the Forest and Rangeland Renewable Resources Planning Act of 1974. Sets forth requirements for the pre-decisional administrative review process concerning the occurrence of the review period, eligibility of a participant in the process, and notice of the proposed decision. Exempts from such process an emergency situation that exists for which immediate implementation of a proposed action is necessary. Applies certain judicial review provisions of the Healthy Forests Restoration Act of 2003 with respect to: (1) the judicial review of an action challenging a proposed action under this Act, and (2) any request for an injunction regarding such an action. Makes this Act non-applicable to: (1) an authorized hazardous fuel reduction project under such Act that has its own special administrative review process, and (2) a proposed action under this Act for which a categorical exclusion is provided.

To replace the current Forest Service administrative appeals process with a pre-decisional administrative review process modeled after the successful approach used in the Healthy Forests Restoration Act of 2003, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Commission to Eliminate
Waste in Government Act of 2001''.

SEC. 2. ESTABLISHMENT.

    There is established the National Commission to Eliminate Waste in
Government (in this Act referred to as the ``Commission'').

SEC. 3. DUTIES.

    (a) In General.--It shall be the duty of the Commission to--
            (1) conduct a private sector survey on management and cost
        control in the Federal Government;
            (2) conduct in-depth reviews of the operations of the
        executive agencies;
            (3)(A) review existing reports from the Government
        Accounting Office, the Congressional Budget Office, and the
        various Inspector General offices within executive agencies,
        reports and other existing governmental and nongovernmental
        recommendations for reducing waste, including recommendations
        from the President's Private Sector Survey on Cost Control; and
            (B) based on the review under subparagraph (A),
        periodically submit reports to the President and Congress
        including--
                    (i) a list of such recommendations that the
                Commission determines are most significant;
                    (ii) the estimated savings of the recommendations;
                and
                    (iii) determinations of whether the recommendations
                can be implemented by Executive order or require
                legislative action; and
            (4) submit to the President and the Congress
        recommendations for improving the budget process and management
        and for reducing waste and costs in the Federal Government.
    (b) Particular Areas To Be Examined.--In fulfilling the duties
described under subsection (a), the Commission shall identify and
address--
            (1) opportunities for increased efficiency and reduced
        costs in the Federal Government that can be realized by
        Executive action or legislation;
            (2) areas in the Federal Government where managerial
        accountability can be enhanced and administrative control can
        be improved;
            (3) specific Federal programs that have accomplished their
        objectives and should be terminated;
            (4) specific Federal program services that could be
        provided at a lower cost by the private sector;
            (5) specific reforms of the budget process that would yield
        savings, increase accountability and efficiency, and enhance
        public confidence in the budget process; and
            (6) specific areas in the Federal Government where further
        study can be justified by potential savings.

SEC. 4. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) Number.--The Commission shall be composed of 12 members
        who are not officers or employees of any government and who are
        especially qualified to serve on the Commission by virtue of
        their education, training, or experience.
            (2) Political party representation.--Not more than 6
        members of the Commission shall be of the same political party.
            (3) Appointment.--The members of the Commission shall be
        appointed as follows:
                    (A) 4 individuals shall be appointed by the
                President, not more than 2 of whom shall be from the
                same political party.
                    (B) 3 individuals shall be appointed by the Speaker
                of the House of Representatives, not more than 2 of
                whom shall be from the same political party.
                    (C) 1 individual shall be appointed by the minority
                leader of the House of Representatives.
                    (D) 3 individuals shall be appointed by the
                majority leader of the Senate, not more than 2 of whom
                shall be from the same political party.
                    (E) 1 individual shall be appointed by the minority
                leader of the Senate.
    (b) Continuation of Membership.--If an individual is appointed to
the Commission, and later becomes an officer or employee of a
government, such individual may continue as a member of the Commission
for not longer than the 30-day period beginning on the date such
individual becomes such an officer or employee.
    (c) Appointment of Members.--Appointments shall be made not later
than 30 days after the date of enactment of this Act.
    (d) Terms.--Each member shall be appointed for the life of the
Commission.
    (e) Vacancies.--A vacancy in the Commission shall be filled within
30 days in the manner in which the original appointment was made.
    (f) Compensation.--Federal funds may not be used to pay any member
of the Commission for services performed as a member.
    (g) Quorum.--Five members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
    (h) Chairperson.--The Chairperson of the Commission shall be
elected by the members from among the members.
    (i) Meetings.--The Commission shall meet at least once each month
at the call of the Chairperson of the Commission.

SEC. 5. STAFF AND SUPPORT SERVICES.

    (a) Director.--The Commission shall have a Director appointed by
the Chairperson of the Commission and paid a rate determined by the
Commission.
    (b) Staff.--With the approval of the Commission, the Director of
the Commission may appoint personnel as the Director considers
appropriate.

SEC. 6. POWERS.

    (a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
    (b) Delegation of Authority.--Any Member or agent of the Commission
may, if authorized by the Commission, take any action which the
Commission is authorized to take by this section.
    (c) Information.--The Commission may secure directly from any
Federal agency information necessary to enable it to carry out this
Act. Upon request of the Chairperson of the Commission, the head of the
Federal agency shall furnish the information to the Commission.
    (d) Contract Authority.--The Commission may contract with and
compensate government and private agencies or persons for supplies or
services without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).

SEC. 7. REPORTS.

    (a) Periodic Reports.--In accordance with section 3(a)(3), the
Commission shall issue periodic reports to the President and the
Congress.
    (b) Final Report.--Not later than the expiration of the 24-month
period beginning on the date of enactment of this Act, the Commission
shall submit to the President and the Congress a final report setting
forth the findings and conclusions of the Commission and specific
recommendations for legislative and administrative actions that the
Commission determines to be appropriate.

SEC. 8. TERMINATION.

    The Commission shall terminate not later than the expiration of the
30-day period beginning on the date on which the Commission submits its
final report under section 7(b).

SEC. 9 FUNDING AND SUPPORT.

    The Commission shall be funded, staffed, and equipped by the
private sector without cost to the Federal Government.

Summary: National Commission to Eliminate Waste in Government Act of 2001 - Establishes the National Commission to Eliminate Waste in Government to: (1) conduct a private sector survey on management and cost control in Government, (2) conduct in-depth reviews of executive agency operations. (3) review existing General Accounting Office, Congressional Budget Office, and various Inspector General offices' reports and other existing governmental and nongovernmental recommendations for reducing waste, including recommendations from the President's Private Sector Survey on Cost Control, and to periodically report to the President and Congress on such recommendations that are most significant, on the estimated savings from such recommendations, and on whether the recommendations can be implemented by executive order or require legislative action. And (4) submit to the President and Congress recommendations for improving the budget process and management and for reducing waste and costs. Requires the Commission to be funded, staffed, and equipped by the private sector without cost to the Government.

A bill to establish a National Commission to Eliminate Waste in Government.


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SECTION 1. SHORT TITLE.<greek-th> x

    This Act may be cited as the ``Sexual Assault Prosecution Act of
2002''.<greek-th> x

SEC. 2. SEXUAL OFFENSE LIMITATION.<greek-th> x

    (a) In General.--Chapter 213 of title 18, United States Code, is
amended--<greek-th> x
            (1) in section 3283, by striking ``sexual or'';
        and<greek-th> x
            (2) by adding at the end the following:<greek-th> x
``Sec. 1A3296. Sexual offenses<greek-th> x
    ``An indictment for any offense committed in violation of chapter
109A of this title may be found at any time without
limitation.''.<greek-th> x
    (b) Technical and Conforming Amendments.--The table of sections for
chapter 213 of title 18, United States Code, is amended by adding at
the end the following:<greek-th> x

<greek-th><greek-e>``3296. Sexual
                            offenses.''.<greek-th><greek-e><greek-th> x

SEC. 3. AWARDS TO STATES TO REDUCE DNA CASEWORK BACKLOG.<greek-th> x

    (a) Development of Plan.--<greek-th> x
            (1) In general.--Not later than 45 days after the date of
        enactment of this Act, the Director of the Federal Bureau of
        Investigation, in coordination with the Assistant Attorney
        General of the Office of Justice Programs of the Department of
        Justice, and after consultation with representatives of States
        and private forensic laboratories, shall develop a plan to
        grant voluntary awards to States to facilitate DNA analysis of
        all casework evidence of unsolved crimes.<greek-th> x
            (2) Objective.--The objective of the plan developed under
        paragraph (1) shall be to--<greek-th> x
                    (A) effectively expedite the analysis of all
                casework evidence of unsolved crimes in an efficient
                and effective manner; and<greek-th> x
                    (B) provide for the entry of DNA profiles into the
                combined DNA Indexing System (``CODIS'').<greek-th> x
    (b) Award Criteria.--The Federal Bureau of Investigation, in
coordination with the Assistant Attorney General of the Office of
Justice Programs of the Department of Justice, shall develop criteria
for the granting of awards under this section including--<greek-th> x
            (1) the number of unsolved crimes awaiting DNA analysis in
        the State that is applying for an award under this section;
        and<greek-th> x
            (2) the development of a comprehensive plan to collect and
        analyze DNA evidence by the State that is applying for an award
        under this section.<greek-th> x
    (c) Granting of Awards.--The Federal Bureau of Investigation, in
coordination with the Assistant Attorney General of the Office of
Justice Programs of the Department of Justice, shall--<greek-th> x
            (1) develop applications for awards to be granted to States
        under this section;<greek-th> x
            (2) consider all applications submitted by States;
        and<greek-th> x
            (3) disburse all awards under this section.<greek-th> x
    (d) Award Conditions.--States receiving awards under this section
shall--<greek-th> x
            (1) require that each laboratory performing DNA analysis
        satisfies quality assurance standards and utilizes state-of-
        the-art DNA testing methods, as set forth by the Federal Bureau
        of Investigation in coordination with the Assistant Attorney
        General of the Office of Justice Programs of the Department of
        Justice;<greek-th> x
            (2) ensure that each DNA sample collected and analyzed be
        made available only--<greek-th> x
                    (A) to criminal justice agencies for law
                enforcement purposes;<greek-th> x
                    (B) in judicial proceedings if otherwise
                admissible;<greek-th> x
                    (C) for criminal defense purposes, to a criminal
                defendant who shall have access to samples and analyses
                performed in connection with any case in which such
                defendant is charged; or <greek-th> x
                    (D) if personally identifiable information is
                removed, for--<greek-th> x
                            (i) a population statistics
                        database;<greek-th> x
                            (ii) identification research and protocol
                        development purposes; or <greek-th> x
                            (iii) quality control purposes;
                        and<greek-th> x
            (3) match the award by spending 15 percent of the amount of
        the award in State funds to facilitate DNA analysis of all
        casework evidence of unsolved crimes.<greek-th> x
    (e) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice $15,000,000 for each of
fiscal years 2003 through 2006, for awards to be granted under this
section.<greek-th> x
                                   08

Summary: Sexual Assault Prosecution Act of 2002 - Amends the Federal criminal code to remove any statute of limitations on indictments for sexual offenses. Requires the Director of the Federal Bureau of Investigation (FBI) to develop a plan to grant voluntary awards to States to facilitate deoxyribonucleic acid (DNA) analysis of all casework evidence of unsolved crimes, with the objective of effectively expediting the analysis of all such evidence in an efficient and effective manner and to provide for the entry of DNA profiles into the Combined DNA Indexing System. Directs the FBI to develop grant criteria, including: (1) the number of unsolved crimes awaiting DNA analysis. And (2) the development of a comprehensive plan to collect and analyze DNA evidence. Sets forth award conditions regarding quality assurance standards, DNA sample and analysis availability, and a 15 percent matching requirement.

A bill to eliminate any limitation on indictment for sexual offenses and make awards to States to reduce their DNA casework backlogs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Older Driver and Pedestrian Safety
and Roadway Enhancement Act of 2009.''

   TITLE I--ROADWAY SAFETY ENHANCEMENT PROGRAM FOR OLDER DRIVERS AND
                              PEDESTRIANS

SEC. 101. ROADWAY SAFETY ENHANCEMENT PROGRAM FOR OLDER DRIVERS AND
              PEDESTRIANS.

    (a) Establishment of Program.--The Secretary of Transportation
shall establish and implement a program, the roadway safety enhancement
program for older drivers and pedestrians, to improve roadway safety
infrastructure in all States in a manner consistent with the
recommendations included in the publication of the Federal Highway
Administration entitled ``Highway Design Handbook for Older Drivers and
Pedestrians'' (FHWA-RD-01-103), referred to in this Act as the
``Handbook'', dated May 2001 or as subsequently revised and updated
pursuant to section 103.
    (b) Purpose.--The purpose of the roadway safety enhancement program
for older drivers and pedestrians is to achieve a significant reduction
in roadway fatalities and serious injuries among drivers and
pedestrians 65 years of age or older on all public roads.
    (c) Apportionment of Funds.--
            (1) In general.--On October 1 of each fiscal year, the
        Secretary shall apportion such funds authorized to be
        appropriated to carry out this section for such fiscal year
        among the States in accordance with the following formula:
                    (A) 33\1/3\ percent of the apportionment in the
                ratio that--
                            (i) the total vehicle miles traveled on
                        lanes on public roads in each State; bears to
                            (ii) the total vehicle miles traveled on
                        lanes on public roads in all States.
                    (B) 33\1/3\ percent of the apportionment in the
                ratio that--
                            (i) the total per capita population of
                        individuals 65 years of age or older residing
                        in each State in the latest fiscal year for
                        which data is available, bears to
                            (ii) the total per capital population of
                        individuals 65 years of age or older residing
                        in all States in the latest fiscal year for
                        which data is available.
                    (C) 33\1/3\ percent of the apportionments in the
                ratio that--
                            (i) the total number of fatalities and
                        serious injuries among drivers and pedestrians
                        65 years of age or older on public roads in
                        each State in the latest fiscal year for which
                        data are available, bears to
                            (ii) the total number of fatalities and
                        serious injuries among drivers and pedestrians
                        65 years of age or older on the public roads in
                        all States in the latest fiscal year for which
                        data are available.
            (2) Minimum apportionment.--Notwithstanding paragraph (1),
        each State shall receive a minimum apportionment of not less
        than one percent of the funds apportioned under this
        subsection.
    (d) Project Eligibility and Selection.--
            (1) In general.--A State may obligate funds apportioned to
        the State under subsection (c) for the planning, design, and
        construction of infrastructure-related projects that employ
        safety enhancement recommendations set forth in the Handbook--
                    (A) to improve safety at intersections,
                interchanges, rail grade crossings, and roadway
                segments;
                    (B) to make systemic roadway safety improvements on
                public roads; and
                    (C) to improve roadway safety on other sections or
                elements of public roads that a State transportation
                department identifies as hazardous for older drivers
                and pedestrians.
            (2) Project identification and selection priorities.--To
        obligate funds apportioned under subsection (c) to carry out
        this section, a State shall have in effect, either in
        conjunction with a State strategic highway safety plan pursuant
        to section 148 of title 23, United States Code, or separately,
        appropriate policies and procedures developed by the State
        transportation department to--
                    (A) analyze and make effective use of State,
                regional and local crash and fatality data, hospital
                reports and other data to document traffic-related
                fatalities and injuries to individuals 65 years of age
                or older;
                    (B) consult with appropriate State and local
                transportation planning agencies, State and local
                safety agencies and organizations, representatives of
                the roadway infrastructure safety industry, and State
                and local organizations representing older drivers and
                pedestrians, to identify hazardous locations, sections,
                and elements of public roads that constitute a danger
                for drivers, vehicle occupants, or pedestrians 65 years
                of age or older;
                    (C) determine the relative severity of hazardous
                road and highway locations, sections and elements for
                drivers and pedestrians age 65 years or older through
                crash and injury data analysis;
                    (D) establish priorities for obligating funds among
                potential projects for correction of hazardous road and
                highway conditions, which shall include projects that--
                            (i) involve hazardous intersection, road or
                        highway conditions identified in a strategic
                        highway safety plan pursuant to section
                        148(c)(1)(D) as exhibiting the most severe
                        safety needs;
                            (ii) make use of multiple Handbook
                        recommendations or the use of a systemic
                        program to correct the most serious highway
                        safety hazards for drivers or pedestrians 65
                        years of age or older; or
                            (iii) are used in conjunction with other
                        Federal programs such as the safe routes to
                        schools program pursuant to section 1404 of
                        SAFETEA-LU or such other road safety design
                        improvements or funding that enhance traffic
                        and pedestrian safety for all roadway users;
                    (E) establish and implement a schedule of roadway
                infrastructure safety improvement projects for hazard
                correction and hazard prevention; and
                    (F) establish an evaluation process to analyze and
                assess results achieved by highway safety improvement
                projects carried out in accordance with procedures and
                criteria established by the section and report annually
                the results of such evaluations to the Secretary.
    (e) Federal Share.--The Federal share of the cost of a project
carried out under this section shall be 90 percent.
    (f) Definitions.--As used in this section, the terms ``public
road'', ``State'', and ``State transportation department'' have the
meaning such terms have in section 101 of title 23, United States Code.
    (g) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated out
        of the Highway Trust Fund (other than the Mass Transit Account)
        $500,000,000 to carry out this section for each of fiscal years
        2010 through 2015.
            (2) Applicability of title 23.--Funds authorized to be
        appropriated to carry out this section shall be available for
        obligation in the same manner as if such funds were
        appropriated under chapter 1 of title 23, United States Code,
        and such funds shall remain available until expended and shall
        not be transferable.

SEC. 102. REGULATIONS.

    Not later than 9 months after the date of enactment of this Act,
the Secretary shall issue regulations to carry out section 101.

SEC. 103. REVISION OF THE HIGHWAY DESIGN HANDBOOK FOR OLDER DRIVERS AND
              PEDESTRIANS.

    The Secretary of Transportation shall--
            (1) finalize the revision of the Handbook for publication
        on or before the date required for issuance of regulations in
        section 102;
            (2) initiate a review of applicable traffic safety research
        for purposes of incorporating in the Handbook appropriate
        recommendations relating to--
                    (A) supplemental lighting at intersections,
                interchanges, rail-grade rail crossings and hazardous
                sections of roadways, as appropriate, to address visual
                impairments among older drivers;
                    (B) wet-night visibility of pavement markings and
                edgelines; and
                    (C) design of intersection curbs and curb ramps to
                address physical limitations of older or disabled
                pedestrians;
            (3) issue, not later than one year after the date of
        enactment of this section, a guidance memo regarding the
        appropriateness of applying to public roads and highways
        pedestrian safety improvements relating to the following
        intersection design elements:
                    (A) receiving lane (throat) width for turning
                operations;
                    (B) channelization;
                    (C) offset (single) left-turn lane geometry,
                signing, and delineation;
                    (D) curb radius; and
                    (E) pedestrian crossing design, operations, and
                control; and
            (4) conduct ongoing research to permit revision and
        publication of an updated Handbook not later than December 31,
        2014.

  TITLE II--OLDER DRIVER AND PEDESTRIAN TRAFFIC SAFETY AMENDMENTS AND
                      ADMINISTRATIVE COORDINATION

SEC. 201. MISCELLANEOUS CONFORMING AMENDMENTS.

    (a) Collection of Traffic Injury and Fatality Data on Older Drivers
and Pedestrians.--Section 148(c)(1)(D) of title 23, United States Code,
is amended--
            (1) by striking ``and'' at the end of clause (iii);
            (2) by inserting ``and'' at the end of clause (iv); and
            (3) by inserting after clause (iv), the following:
                            ``(v) includes a means of identifying the
                        relative severity of hazardous locations
                        described in clause (iii) in terms of
                        accidents, injuries, and death involving
                        drivers, passengers, and pedestrians 65 years
                        of age or older;''.
    (b) Repeal of Existing Law.--Section 1405 of the Safe, Accountable,
Flexible, Efficient Transportation Act: A Legacy for Users (23 U.S.C.
401 note; 119 Stat. 1230), and the item relating to such section in
section 1(b) of such Act, are repealed.

SEC. 202. COORDINATION AND OVERSIGHT OF OLDER DRIVER SAFETY.

    (a) In General.--The Secretary shall appoint a Special Assistant
for Older Driver and Pedestrian Safety within the Office of the
Secretary to oversee and coordinate programs operated or funded by the
Department relating to transportation safety, research, and services
for individuals age 65 and older.
    (b) Policy Goals and Implementation.--The Secretary shall
establish, after consultation with other Federal and State
transportation agencies, organizations representing individuals age 65
and older, representatives of law enforcement, and advocates for
roadway safety infrastructure, national goals for increasing driver,
passenger, and pedestrian safety for persons age 65 and older, together
with procedures for implementing and monitoring progress toward
achieving such goals.
    (c) Duties of the Special Assistant.--The Special Assistant for
Older Driver and Pedestrian Safety shall be responsible for planning
and implementing policies to achieve the national goals set forth by
the Secretary pursuant to subsection (b), and, in consultation with the
Secretary and the Undersecretary for Policy, shall also have
responsibility to:
            (1) oversee collection and analysis of national traffic
        accident, injury, and fatality data relating to individuals age
        65 and older;
            (2) coordinate and make recommendations regarding research
        undertaken by the Department to identify and address the safety
        needs of drivers, passengers, and pedestrians age 65 and older;
            (3) oversee the revision of the Handbook, as required by
        section 103 of this Act;
            (4) oversee the conduct of research and make
        recommendations for inclusion in the manual on uniform traffic
        control devices of appropriate safety features and traffic
        control devices in the Handbook that have been determined
        effective in reducing injuries or fatalities among drivers,
        passengers, and pedestrians age 65 and older;
            (5) oversee research by the National Highway Traffic Safety
        Administration to test and implement vehicle crash dummies that
        more accurately reproduce and measure the severity of vehicle-
        related injuries for occupants age 65 and older;
            (6) encourage and facilitate revision of the abbreviated
        injury scale system of injury quantification to more accurately
        measure injuries and fatalities to vehicle occupants age 65 and
        older, including measuring the effect of pre-existing and
        chronic conditions and long-term injury outcomes;
            (7) improve coordination of research sponsored by the
        Department to develop efficient, effective and safe mobility
        options for individuals age 65 and older with research
        conducted by the National Center on Senior Transportation; and
            (8) undertake such other duties and responsibilities that
        the Secretary or the Undersecretary for Policy shall determine
        appropriate.
    (d) Report to Congress.--The Secretary, not later than 12 months
after the date of enactment of this section, and not less than annually
thereafter, shall submit to Congress a report that documents the
progress made by the Department to achieve the goals set forth by the
Secretary pursuant to subsection (b), that shall include, as
appropriate, descriptions of any impediments to achieving such goals,
explanation of strategies or plans to address such impediments, and
recommendations for additional Congressional action.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated out
        of the Highway Trust Fund (other than the Mass Transit Account)
        $250,000 to carry out subsection (d) for each of fiscal years
        2010 through 2015.
            (2) Applicability of title 23.--Funds authorized to be
        appropriated to carry out subsection (d) shall be available for
        obligation in the same manner as if such funds were
        appropriated under chapter 1 of title 23, United States Code,
        and such funds shall remain available until expended and shall
        not be transferable.

SEC. 203. MINIMUM LEVELS OF RETROREFLECTIVITY FOR PAVEMENT MARKINGS.

    Not later than October 1, 2010, the Secretary of Transportation
shall revise the manual on uniform traffic control devices to include a
standard for a minimum level of retroreflectivity that must be
maintained for pavement markings, which shall apply to all roads open
to public travel.

Summary: Older Driver and Pedestrian Safety and Roadway Enhancement Act of 2009 - Directs the Secretary of Transportation to implement a roadway safety enhancement program for older drivers and pedestrians to: (1) improve roadway safety infrastructure in states that is consistent with recommendations of the Federal Highway Administration (FHWA) in the Highway Design Handbook for Older Drivers and Pedestrians. And (2) achieve significant reductions in roadway fatalities and serious injuries among drivers and pedestrians 65 years old or older on all public roads. Sets forth project eligibility requirements and project identification and selection priorities. Requires the Secretary to finalize revision of the Handbook for publication. Amends the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU) to repeal its program for roadway safety improvements for older drivers and pedestrians. Requires the Secretary to: (1) appoint a Special Assistant for Older Driver and Pedestrian Safety within the Office of the Secretary. And (2) establish national goals for increasing driver, passenger, and pedestrian safety for persons 65 years old or older. Requires the Secretary to revise the manual on uniform traffic control devices to include a standard for a minimum level of retroreflectivity for pavement markings on all public roads.

To direct the Secretary of Transportation to carry out a program to improve roadway safety infrastructure in all States to enhance the safety of older drivers and pedestrians, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public School Emergency Relief
Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) In 2014, the United States experienced an unprecedented
        influx in arrivals of unaccompanied alien children.
            (2) Between January 1, 2014, and July 31, 2014, the
        Department of Health and Human Services Office of Refugee
        Resettlement released 37,477 unaccompanied alien children to
        sponsors nationwide.
            (3) Federal law, as upheld by the Supreme Court decision
        Plyer v. Doe, permits all children residing in the United
        States access to a public elementary and secondary education
        regardless of their immigration status.
            (4) An unprecedented influx of unaccompanied alien children
        has resulted in a strain on the Nation's public school system.
            (5) In response to these conditions, this Act creates an
        emergency grant for the 2014-2015 school year tailored to the
        needs of local educational agencies affected by enrollment
        increases attributable to unaccompanied alien children.

SEC. 3. TEMPORARY EMERGENCY IMPACT AID FOR IMMIGRANT STUDENTS.

    (a) Temporary Emergency Impact Aid Authorized.--
            (1) Aid to state educational agencies.--From amounts
        appropriated to carry out this Act, the Secretary of Education
        shall provide emergency impact aid to State educational
        agencies to enable the State educational agencies to make
        emergency impact aid payments to eligible local educational
        agencies and eligible BIA-funded schools to enable such
        eligible local educational agencies and schools to provide for
        the instruction of students served by such agencies and
        schools.
            (2) Aid to local educational agencies and bia-funded
        schools.--A State educational agency shall make emergency
        impact aid payments to eligible local educational agencies and
        eligible BIA-funded schools in accordance with subsection (c).
            (3) Notice of funds availability.--Not later than 14
        calendar days after the date of enactment of this Act, the
        Secretary of Education shall publish in the Federal Register a
        notice of the availability of funds under this section.
    (b) Application.--
            (1) State educational agency.--A State educational agency
        that desires to receive emergency impact aid under this section
        shall submit an application to the Secretary of Education, not
        later than 7 calendar days after the date by which an
        application under paragraph (2) must be submitted, in such
        manner, and accompanied by such information as the Secretary of
        Education may reasonably require, including information on the
        total immigrant student child count of the State provided by
        eligible local educational agencies in the State and eligible
        BIA-funded schools in the State under paragraph (2).
            (2) Local educational agencies and bia-funded schools.--An
        eligible local educational agency or eligible BIA-funded school
        that desires an emergency impact aid payment under this section
        shall submit an application to the State educational agency,
        not later than 14 calendar days after the date of the
        publication of the notice described in subsection (a)(3), in
        such manner, and accompanied by such information as the State
        educational agency may reasonably require, including
        documentation submitted quarterly for the 2014-2015 school year
        that indicates the following:
                    (A) In the case of an eligible local educational
                agency, the number of immigrant students enrolled in
                the elementary schools and secondary schools (including
                charter schools) served by such agency for such
                quarter.
                    (B) In the case of an eligible BIA-funded school,
                the number of immigrant students enrolled in such
                school for such quarter.
            (3) Determination of number of immigrant students.--In
        determining the number of immigrant students for a quarter
        under paragraph (2), an eligible local educational agency or
        eligible BIA-funded school shall include the number of
        immigrant students served--
                    (A) in the case of a determination for the first
                quarterly installment, during the quarter prior to the
                date of enactment of this Act; and
                    (B) in the case of a determination for each
                subsequent quarterly installment, during the quarter
                immediately preceding the quarter for which the
                installment is provided.
    (c) Amount of Emergency Impact Aid.--
            (1) Aid to state educational agencies.--
                    (A) In general.--The amount of emergency impact aid
                received by a State educational agency for the 2014-
                2015 school year shall equal the product of--
                            (i) the increase (if any) in the number of
                        immigrant students--
                                    (I) as determined by the eligible
                                local educational agencies and eligible
                                BIA-funded schools in the State under
                                subsection (b)(2); over
                                    (II) the number of such students
                                enrolled during the corresponding
                                quarter of the 2012-2013 school year;
                                and
                            (ii) $12,000.
                    (B) Insufficient funds.--If the amount available
                under this section to provide emergency impact aid
                under this subsection is insufficient to pay the full
                amount that a State educational agency is eligible to
                receive under this section, the Secretary of Education
                shall ratably reduce the amount of such emergency
                impact aid.
                    (C) Retention of state share.--In the case of a
                State educational agency that has made a payment prior
                to the date of enactment of this Act to a local
                educational agency for the purpose of covering
                additional costs incurred as a result of enrolling an
                immigrant student in a school served by the local
                educational agency, the State educational agency may
                retain a portion of the payment described in paragraph
                (2)(A)(ii) that bears the same relation to the total
                amount of the payment under such paragraph as the sum
                of such prior payments bears to the total cost of
                attendance for all students in that local educational
                agency for whom the State educational agency made such
                prior payments.
            (2) Aid to eligible local educational agencies and eligible
        bia-funded schools.--
                    (A) Quarterly installments.--
                            (i) In general.--A State educational agency
                        shall provide emergency impact aid payments
                        under this section on a quarterly basis for the
                        2014-2015 school year by such dates as
                        determined by the Secretary of Education. Such
                        quarterly installment payments shall be based
                        on the number of immigrant students reported
                        under subsection (b)(2).
                            (ii) Payment amount.--Subject to paragraph
                        (1)(B), each quarterly installment payment
                        under clause (i) shall equal 25 percent of the
                        amount determined under paragraph (1)(A).
                            (iii) Timeline.--The Secretary of Education
                        shall establish a timeline for quarterly
                        reporting on the number of immigrant students
                        in order to make the appropriate disbursements
                        in a timely manner.
                            (iv) Insufficient funds.--If, for any
                        quarter, the amount available under this
                        section to make payments under this subsection
                        is insufficient to pay the full amount that an
                        eligible local educational agency or eligible
                        BIA-funded school is eligible to receive under
                        this section, the State educational agency
                        shall ratably reduce the amount of such
                        payments.
            (3) Immigrant students.--Subject to the subsection (d), an
        eligible local educational agency or eligible BIA-funded school
        receiving emergency impact aid payments under this section
        shall use the payments to provide services and assistance to
        elementary schools and secondary schools (including charter
        schools) served by such agency, or to such BIA-funded school,
        that enrolled an immigrant student.
    (d) Use of Funds.--
            (1) Authorized uses.--The authorized uses of funds are the
        following:
                    (A) Paying the compensation of personnel, including
                teacher aides, in schools enrolling immigrant students.
                    (B) Identifying and acquiring curricular material,
                including the costs of providing additional classroom
                supplies, and mobile educational units and leasing
                sites or spaces.
                    (C) Basic instructional services for such students,
                including tutoring, mentoring, or academic counseling.
                    (D) Reasonable transportation costs.
                    (E) Health and counseling services.
                    (F) Education and support services.
                    (G) Other uses as allowed under title III of the
                Elementary and Secondary Education Act of 1965 (20
                U.S.C. 6801 et seq.).
            (2) Provision of special education and related services.--
                    (A) In general.--In the case of an immigrant
                student who is a child with a disability, any payment
                made on behalf of such student to an eligible local
                educational agency shall be used to pay for special
                education and related services consistent with the
                Individuals with Disabilities Education Act (20 U.S.C.
                1400 et seq.).
                    (B) Definitions.--In subparagraph (A), the terms
                ``child with a disability'', ``special education'', and
                ``related services'' have the meaning given such terms
                in section 602 of the Individuals with Disabilities
                Education Act (20 U.S.C. 1401).
    (e) Return of Aid.--
            (1) Eligible local educational agency or eligible bia-
        funded school.--An eligible local educational agency or
        eligible BIA-funded school that receives an emergency impact
        aid payment under this section shall return to the State
        educational agency any payment provided to the eligible local
        educational agency or school under this section that the
        eligible local educational agency or school has not obligated
        by the end of the 2014-2015 school year in accordance with this
        section.
            (2) State educational agency.--A State educational agency
        that receives emergency impact aid under this section, shall
        return to the Secretary of Education--
                    (A) any aid provided to the agency under this
                section that the agency has not obligated by the end of
                the 2014-2015 school year in accordance with this
                section; and
                    (B) any payment funds returned to the State
                educational agency under paragraph (1).
    (f) Limitation on Use of Aid and Payments.--Aid and payments
provided under this section shall only be used for expenses incurred
during the 2014-2015 school year.
    (g) Administrative Expenses.--A State educational agency that
receives emergency impact aid under this section may use not more than
1 percent of such aid for administrative expenses. An eligible local
educational agency or eligible BIA-funded school that receives
emergency impact aid payments under this section may use not more than
2 percent of such payments for administrative expenses.
    (h) Special Funding Rule.--In calculating funding under section
8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703) for an eligible local educational agency that receives an
emergency impact aid payment under this section, the Secretary of
Education shall not count immigrant students served by such agency for
whom an emergency impact aid payment is received under this section,
nor shall such students be counted for the purpose of calculating the
total number of children in average daily attendance at the schools
served by such agency as provided in section 8003(b)(3)(B)(i) of such
Act (20 U.S.C. 7703(b)(3)(B)(i)).
    (i) Nondiscrimination.--
            (1) In general.--Nothing in this Act may be construed to
        alter or modify the provisions of the Individuals with
        Disabilities Education Act (20 U.S.C. 1400 et seq.), title VI
        of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.),
        title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
        seq.), and the Rehabilitation Act of 1973 (29 U.S.C. 701 et
        seq.).
            (2) Prohibition.--A school that enrolls an immigrant
        student under this section shall not discriminate against
        students on the basis of race, color, national origin,
        religion, disability, or sex.
            (3) Rule of construction.--The amount of any payment (or
        other form of support provided on behalf of an immigrant
        student) under this section shall not be treated as income of a
        parent or guardian of the student for purposes of Federal tax
        laws or for determining eligibility for any other Federal
        program.
    (j) Treatment of State Aid.--A State shall not take into
consideration emergency impact aid payments received under this section
by a local educational agency in the State in determining the
eligibility of such local educational agency for State aid, or the
amount of State aid, with respect to free public education of children.

SEC. 4. DEFINITIONS.

    (a) In General.--Unless otherwise specified, the terms used in this
Act have the meanings given the terms in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
    (b) Specific Definitions.--In this Act:
            (1) Eligible local educational agency.--The term ``eligible
        local educational agency'' means a local educational agency
        that serves an elementary school or secondary school (including
        a charter school) in which there is enrolled an immigrant
        student.
            (2) Eligible bia-funded school.--The term ``eligible BIA-
        funded school'' means a school funded by the Bureau of Indian
        Affairs in which there is enrolled an immigrant student.
            (3) Immigrant student.--The term ``immigrant student'' has
        the meaning given the term ``immigrant children and youth'' in
        section 3301 of the Elementary and Secondary Education Act of
        1965 (20 U.S.C. 7011).

Summary: Public School Emergency Relief Act - Directs the Secretary of Education to provide emergency impact aid payments to states and, through them, to local educational agencies and Indian schools for each quarter of the 2014-2015 school year for any increase in the enrollment of immigrant children from the corresponding quarter of the 2012-2013 school year. Requires the payments to be used to provide services and assistance to schools that enroll immigrant students. Authorizes the funds to be used for: compensating school personnel, identifying and acquiring curricular material and mobile educational units and leasing sites or spaces, basic instructional services for immigrant students, reasonable transportation costs, health and counseling services, education and support services, and other uses allowed under title III of the Elementary and Secondary Education Act of 1965. Requires any payment made on behalf of a disabled immigrant student to be used for special education and related services. Prohibits the use of the emergency impact aid for any expenses that are not incurred during the 2014-2015 school year.

Public School Emergency Relief Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Slate for Marijuana Offenses
Act of 2015''.

SEC. 2. EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN MARIJUANA-RELATED
              OFFENSES.

    (a) In General.--Chapter 229 of title 18, United States Code, is
amended by inserting after subchapter C the following new subchapter:

                      ``SUBCHAPTER D--EXPUNGEMENT

``Sec.
``3631. Expungement of certain criminal records in limited
                            circumstances.
``3632. Requirements for expungement.
``3633. Procedure for expungement.
``3634. Effect of expungement.
``3635. Disclosure of expunged records.
``Sec. 3631. Expungement of certain criminal records in limited
              circumstances
    ``(a) In General.--Any individual convicted of a qualifying
marijuana-related offense who fulfills the requirements of section 3632
may, upon petition for expungement made in accordance with this
subchapter, obtain an order granting expungement under this subchapter.
    ``(b) Definition of Qualifying Marijuana-Related Offense.--In this
subchapter, the term `qualifying marijuana-related offense' means an
offense against the United States in which the conduct constituting the
offense--
            ``(1) was legal under the State law at the time of the
        offense; or
            ``(2) was the possession of marijuana in a quantity is not
        greater than one ounce.
    ``(c) Definition of State.--In this subchapter, the term `State'
includes the District of Columbia, Puerto Rico, and any other territory
or possession of the United States.
``Sec. 3632. Requirements for expungement
    ``No individual shall be eligible for an order of expungement under
this subchapter unless, before filing a petition under this subchapter,
such individual fulfills all requirements of the sentence for the
conviction for which expungement is sought, including completion of any
term of imprisonment or period of probation, meeting all conditions of
a supervised release, and paying all fines.
``Sec. 3633. Procedure for expungement
    ``(a) Petition.--An individual may file a petition for expungement
of a conviction in the court in which the conviction was obtained. A
copy of the petition shall be served by the court upon the United
States Attorney for the judicial district of that court.
    ``(b) Opportunity for Government To Contest Petition.--Not later
than 60 days after the date a copy of a petition is served on the
Government under subsection (a), the Government may, if the Government
determines the facts do not support the petition, inform the court and
the petitioner that the Government opposes granting expungement. If the
Government does so inform the court and the petitioner, the court shall
allow the Government and the petitioner an opportunity to present
evidence and argument relating to the petition.
    ``(c) Court-Ordered Expungement.--If, after the passage of the 60-
day period described in subsection (a) or earlier, if the Government
informs the court it will not oppose granting expungement or if
proceedings related to that opposition have been completed, the court
determines the preponderance of the evidence before the court supports
the granting of expungement under this subchapter, the court shall
issue an order granting that expungement. If the court determines the
petition is not supported by the preponderance of the evidence before
the court, the court shall deny the petition.
``Sec. 3634. Effect of expungement
    ``(a) In General.--An order granting expungement under this
subchapter restores the individual concerned, in the contemplation of
the law, to the status that individual occupied before the arrest or
the institution of criminal proceedings for the offense for which
expungement is granted.
    ``(b) No Disqualification; Statements.--After an order under this
subchapter granting expungement of an individual's criminal records,
that individual is not required to divulge information pertaining to
the expunged conviction. The fact that such individual has been
convicted of the criminal offense concerned shall not operate as a
disqualification of that individual to pursue or engage in any lawful
activity, occupation, or profession. Such individual is not guilty of
any perjury, false answering, or making a false statement by reason of
that individual's failure to recite or acknowledge such arrest or
institution of criminal proceedings, or results thereof, in response to
an inquiry made of that individual for any purpose.
    ``(c) Records To Be Destroyed.--Except as provided in section 3635,
upon order of expungement, all official law enforcement and court
records, including all references to such person's arrest for the
offense, the institution of criminal proceedings against the
individual, and the results thereof, except publicly available court
opinions or briefs on appeal, shall be permanently destroyed.
``Sec. 3635. Disclosure of expunged records
    ``(a) Index To Assist Authorized Disclosure.--The Department of
Justice shall maintain a nonpublic manual or computerized record of
expungements under this subchapter containing only the name of, and
alphanumeric identifiers selected by the Department of Justice that
relate to, the persons who obtained expungement under this subchapter,
and the order of expungement.
    ``(b) Authorized Disclosure to Individual.--Information in the
index shall be made available only to the individual to whose
expungement it pertains or to such individual's designated agent.
    ``(c) Punishment for Improper Disclosure.--Whoever knowingly
discloses information relating to an expunged conviction other than as
authorized in this subchapter shall be fined under this title or
imprisoned not more than one year, or both.''.
    (b) Clerical Amendment.--The table of subchapters at the beginning
of chapter 229 of title 18, United States Code, is amended by adding at
the end the following item:

``D.     Expungement........................................    3631''.
    (c) Effective Date.--The amendments made by this Act apply to
individuals convicted of an offense before, on, or after the date of
enactment of this Act.

Summary: Clean Slate for Marijuana Offenses Act of 2015 Amends the federal criminal code to allow an individual convicted of a qualifying marijuana-related offense, upon filing a petition for expungement and fulfilling all requirements of the sentence for such conviction, to obtain an order granting expungement of such conviction. Defines a qualifying marijuana-related offense as an offense against the United States in which the conduct constituting the offense: (1) was legal under the state law at the time of the offense, or (2) was the possession of not more than one ounce of marijuana. Gives the government 60 days to contest such a petition, in which case the court shall allow the government and the petitioner an opportunity to present evidence and argument relating to the petition. Directs the court to approve or deny the petition based on its determination that the petition either is supported by, or is not supported by, a preponderance of the evidence. Declares that: (1) an order granting expungement restores the individual concerned to the status that individual occupied before the arrest or the institution of criminal proceedings for the offense for which expungement is granted. (2) the individual is not required to divulge information pertaining to an expunged conviction and such conviction shall not disqualify that individual from pursuing or engaging in any lawful activity, occupation, or profession. (3) such individual is not guilty of making a false statement by reason of that individual's failure to recite or acknowledge arrest or conviction of such offense. And (4) records pertaining to an expunged conviction shall be destroyed. Directs the Department of Justice (DOJ) to maintain a nonpublic record of such expungement orders and the names of and alphanumeric identifiers selected by DOJ for persons who obtain expungement, which record shall be made available only to the individual to whom the expungement pertains. Establishes penalties for the unauthorized disclosure of information relating to an expunged conviction.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Microenterprise and Youth
Entrepreneurship Development Act of 2011''.

SEC. 2. MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY BUILDING
              PROGRAM.

    (a) Definitions.--Section 172(5) of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(5))
is amended--
            (1) in subparagraph (B) by striking ``or'' at the end;
            (2) in subparagraph (C) by striking the period at the end
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(D) an entrepreneur that operates a business or
                intends to operate a business in an investment area (as
                such term is defined in section 103(16) of this
                Act).''.
    (b) Uses of Assistance.--Section 174 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6903) is
amended--
            (1) in paragraph (3) by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) to advertise in print, electronic, and other media
        the training and technical assistance provided under paragraph
        (1); and''.
    (c) Targeted Assistance.--Section 176(b) of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6905(b))
is amended by striking ``50 percent'' and inserting ``60 percent''.
    (d) Matching Requirements.--Section 177(c) of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6906(c))
is amended by adding at the end the following:
            ``(3) Consideration.--In determining whether to reduce or
        eliminate matching requirements under paragraph (1), the
        Administrator shall consider the impact of the economic crisis
        of 2007 through 2009 on the geographic area in which an
        applicant operates.''.
    (e) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator of the Small Business Administration shall
submit to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report describing recommendations for
improving the application and grant making process of the
microenterprise technical assistance and capacity building grant
program (carried out under subtitle C of title I of the Riegle
Community Development and Regulatory Improvement Act of 1994),
including recommendations, developed in consultation with stakeholders,
for streamlining the application and grant making process of that
program.
    (f) Microenterprise Coordinator.--
            (1) Establishment.--Not later than 1 year after the date of
        enactment of this Act, the Administrator shall establish in the
        Small Business Administration the position of Microenterprise
        Coordinator.
            (2) Duties.--The Microenterprise Coordinator shall--
                    (A) work to ensure that the contributions of
                microenterprises to the economy are maximized;
                    (B) work to enhance, support, and coordinate the
                programs of the Federal Government providing assistance
                to microenterprises, including Federal technical
                assistance programs;
                    (C) work to ensure that underserved entrepreneurs
                are included in the programs of the Federal Government
                providing assistance to microenterprises;
                    (D) make available to the public annually a
                comprehensive list and description of each Federal
                program that provides assistance to microenterprises;
                and
                    (E) encourage public-private partnerships that
                support entrepreneurship.
            (3) Microenterprise defined.--In this subsection, the term
        ``microenterprise'' has the meaning given that term in section
        172(10) of the Riegle Community Development and Regulatory
        Improvement Act of 1994 (15 U.S.C. 6901(10)).

SEC. 3. OFFICE OF YOUTH ENTREPRENEURSHIP.

    (a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall establish an Office of Youth Entrepreneurship (in
this section referred to as the ``Office'') in the Small Business
Administration.
    (b) Director.--The Administrator shall appoint a Director of Youth
Entrepreneurship (in this section referred to as the ``Director'') to
serve as the head of the Office.
    (c) Duties.--The Director shall--
            (1) carry out the youth entrepreneurship technical
        assistance grant program described in subsection (d);
            (2) carry out the youth entrepreneurship curriculum grant
        program described in subsection (e);
            (3) promote the growth of youth entrepreneurship by
        establishing public-private partnerships and carrying out
        advertising campaigns;
            (4) sponsor and support State and national youth
        entrepreneurship competitions that raise awareness of the
        importance of small business development;
            (5) study and promote Federal activities that support
        entrepreneurship education; and
            (6) support the establishment of public and private youth
        entrepreneurship education and mentoring opportunities.
    (d) Youth Entrepreneurship Technical Assistance Grant Program.--The
Director shall establish a program under which the Director may make
grants to assist entities, including nonprofit microenterprise
development organizations, to provide individuals under 25 years of age
with technical assistance related to entrepreneurship.
    (e) Youth Entrepreneurship Curriculum Grant Program.--
            (1) In general.--The Director shall establish a program
        under which the Director may make grants to a covered entity to
        assist the development, improvement, or implementation of a
        youth entrepreneurship curriculum that includes information on
        the topics of--
                    (A) securing capital and borrowing;
                    (B) business plan conception and drafting;
                    (C) accounting;
                    (D) management; and
                    (E) marketing.
            (2) Application process.--To be eligible for a grant
        described in paragraph (1), a covered entity shall submit to
        the Director an application at such time, in such manner, and
        containing such information as the Director may require, except
        that the application shall include at least--
                    (A) a description of the curriculum to be
                developed, improved, or implemented;
                    (B) a description of how grant funds will be used;
                    (C) a description of goals relating to the use of
                grant funds and the curriculum to be developed,
                improved, or implemented; and
                    (D) a description of how progress will be measured
                with respect to the goals described in subparagraph
                (C).
            (3) Covered entity defined.--In this subsection, the term
        ``covered entity'' means a local educational agency in any of
        the several States, the District of Columbia, or a territory or
        possession of the United States and a local educational agency
        of a federally recognized Indian tribe.
    (f) Investment Areas.--
            (1) In general.--The Director shall ensure that at least 25
        percent of the amounts made available to carry out the Office
        each fiscal year are used to assist youth in investment areas.
            (2) Investment area defined.--In this subsection, the term
        ``investment area'' has the meaning given that term in section
        103(16) of the Riegle Community Development and Regulatory
        Improvement Act of 1994 (12 U.S.C. 4702(16)).
    (g) Student Loan Assistance.--Not later than 180 days after the
date of enactment of this Act, the Director, in consultation with the
Secretary of Education, shall submit to Congress a report that includes
detailed recommendations for legislation--
            (1) establishing a program to forgive student loans in a
        manner that assists youth entrepreneurship by making available
        capital for business formation; and
            (2) establishing a program to defer student loan repayments
        in a manner that assists youth entrepreneurship by making
        available capital for business formation.

SEC. 4. GAO STUDY AND REPORT.

    (a) Study.--The Comptroller General of the United States shall
conduct a study on--
            (1) the economic impact of allowing youth entrepreneurs to
        defer student loan repayments to make available capital for
        business formation;
            (2) the economic impact of increasing the participation of
        individuals under 25 years of age in the microloan program of
        the Small Business Administration (carried out under section
        7(m) of the Small Business Act (15 U.S.C. 636(m)),
        notwithstanding the limited collateral and formal business
        experience of such individuals;
            (3) alternative methods for measuring creditworthiness that
        may assist youth entrepreneurship; and
            (4) actions Congress should consider to promote youth
        entrepreneurship.
    (b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Small Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate a report on the
results of the study conducted under subsection (a).

Summary: Microenterprise and Youth Entrepreneurship Development Act of 2011 - Amends the Riegle Community Development and Regulatory Improvement Act of 1994 for purposes of the microenterprise technical assistance and capacity building grant program to include in the definition of disadvantaged entrepreneur a microentrepreneur operating or intending to operate a business in an investment area. Increases to 60 the minimum percentage of such grants required to be used to benefit very low-income persons, including those residing on Indian reservations. Requires the Administrator of the Small Business Administration (SBA) to consider the impact of the 2007-2009 economic crisis on an applicant's geographic area when deciding whether to reduce or eliminate matching requirements for applicants with severe constraints on available funding sources. Directs the Administrator to establish an SBA Microenterprise Coordinator position. Requires the Administrator to establish an Office of Youth Entrepreneurship and appoint a Director to carry out: (1) the youth entrepreneur technical assistance grant program to make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship. And (2) the youth entrepreneurship curriculum grant program to make grants to applying local educational agencies of states and federally recognized Indian tribes.

To amend the Riegle Community Development and Regulatory Improvement Act of 1994 to improve the microenterprise technical assistance and capacity building grant program, to establish an Office of Youth Entrepreneurship in the Small Business Administration, and for other purposes.