SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fox-Wisconsin Heritage Parkway
National Heritage Area Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the
        Fox-Wisconsin Heritage Parkway National Heritage Area
        established by section 3(a).
            (2) Local coordinating entity.--The term ``local
        coordinating entity'' means the local coordinating entity for
        the Heritage Area designated by section 3(d).
            (3) Management plan.--The term ``management plan'' means
        the management plan for the Heritage Area required under
        section 5(a).
            (4) Map.--The term ``map'' means the map included under
        section 5(b)(3)(H).
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (6) State.--The term ``State'' means the State of
        Wisconsin.

SEC. 3. FOX-WISCONSIN HERITAGE PARKWAY NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the Fox-
Wisconsin Heritage Parkway National Heritage Area.
    (b) Boundaries.--
            (1) In general.--The Heritage Area shall include--
                    (A) the area included in Appendix A, Map 1 of the
                feasibility study submitted by the local coordinating
                entity, which includes approximately 1,444 square miles
                of land in 15 counties in central and southeastern
                Wisconsin, including Brown, Calumet, Columbia,
                Crawford, Dane, Fond du Lac, Grant, Green Lake, Iowa,
                Marquette, Outagamie, Richland, Sauk, Waushara, and
                Winnebago counties; and
                    (B) any contributing sites, buildings, and
                districts within the area described in subparagraph (A)
                that are recommended for inclusion in the Heritage Area
                by the management plan.
            (2) Revisions.--The boundaries of the Heritage Area may be
        revised if the revisions are--
                    (A) proposed in the management plan developed for
                the Heritage Area;
                    (B) depicted on the map; and
                    (C) approved by the Secretary in accordance with
                this Act.
    (c) Map.--The map shall be available for public inspection in the
appropriate offices of--
            (1) the National Park Service; and
            (2) the local coordinating entity.
    (d) Local Coordinating Entity.--The local coordinating entity for
the Heritage Area shall be the Fox-Wisconsin Heritage Parkway, a
nonprofit organization established in the State.

SEC. 4. ADMINISTRATION.

    (a) Authorities.--To carry out the management plan, the Secretary,
acting through the local coordinating entity, may use amounts made
available under this Act--
            (1) to make grants to the State (including any political
        subdivision of the State), nonprofit organizations, and other
        individuals;
            (2) to enter into cooperative agreements with, or provide
        technical assistance to, the State (including any political
        subdivision of the State), nonprofit organizations, and other
        interested parties;
            (3) to hire and compensate staff, which shall include
        individuals with expertise in natural, cultural, and historical
        resource protection, and heritage programming;
            (4) to obtain funds or services from any source, including
        funds or services that are provided under any other Federal law
        or program;
            (5) to enter into contracts for goods or services; and
            (6) to serve as a catalyst for any other activity that--
                    (A) furthers the purposes and goals of the Heritage
                Area; and
                    (B) is consistent with the approved management
                plan.
    (b) Duties.--The local coordinating entity shall--
            (1) in accordance with section 5, prepare and submit to the
        Secretary a management plan for the Heritage Area;
            (2) assist units of local government, regional planning
        organizations, and nonprofit organizations in carrying out the
        approved management plan by--
                    (A) carrying out programs and projects that
                recognize, protect, and enhance important resource
                values located in the Heritage Area;
                    (B) establishing and maintaining interpretive
                exhibits and programs in the Heritage Area;
                    (C) developing recreational and educational
                opportunities in the Heritage Area;
                    (D) increasing public awareness of, and
                appreciation for, the natural, historical, scenic, and
                cultural resources of the Heritage Area;
                    (E) protecting and restoring historic sites and
                buildings in the Heritage Area that are consistent with
                Heritage Area themes;
                    (F) ensuring that clear, consistent, and
                appropriate signs identifying points of public access,
                and sites of interest, are posted throughout the
                Heritage Area; and
                    (G) promoting a wide range of partnerships among
                governments, organizations, and individuals to further
                the Heritage Area;
            (3) consider the interests of diverse units of government,
        businesses, organizations, and individuals in the Heritage Area
        in the preparation and implementation of the management plan;
            (4) conduct meetings open to the public at least
        semiannually regarding the development and implementation of
        the management plan;
            (5) for any year for which Federal funds have been received
        under this Act--
                    (A) submit an annual report to the Secretary that
                describes the activities, expenses, and income of the
                local coordinating entity (including grants to any
                other entities during the year that the report is
                made);
                    (B) make available to the Secretary for audit all
                records relating to the expenditure of the funds and
                any matching funds; and
                    (C) require, with respect to all agreements
                authorizing expenditure of Federal funds by other
                organizations, that the organizations receiving the
                funds make available to the Secretary for audit all
                records concerning the expenditure of the funds; and
            (6) encourage by appropriate means economic viability that
        is consistent with the Heritage Area.
    (c) Prohibition on the Acquisition of Real Property.--The local
coordinating entity shall not use Federal funds made available under
this Act to acquire real property or any interest in real property.

SEC. 5. MANAGEMENT PLAN.

    (a) In General.--Not later than 3 years after the date of enactment
of this Act, the local coordinating entity shall submit to the
Secretary for approval a proposed management plan for the Heritage
Area.
    (b) Requirements.--The management plan shall--
            (1) incorporate an integrated and cooperative approach for
        the protection, enhancement, and interpretation of the natural,
        cultural, historic, scenic, educational, and recreational
        resources of the Heritage Area;
            (2) take into consideration State and local plans;
            (3) include--
                    (A) an inventory of the resources located in the
                Heritage Area;
                    (B) comprehensive policies, strategies, and
                recommendations for conservation, funding, management,
                and development of the Heritage Area;
                    (C) a description of actions that governments,
                private organizations, and individuals have agreed to
                take to protect the natural, cultural, historic,
                scenic, educational, and recreational resources of the
                Heritage Area;
                    (D) a program of implementation for the management
                plan by the local coordinating entity that includes a
                description of--
                            (i) actions to facilitate ongoing
                        collaboration among partners to promote plans
                        for resource protection, restoration, and
                        construction; and
                            (ii) specific commitments for
                        implementation that have been made by the local
                        coordinating entity or any government,
                        organization, or individual for the first 5
                        years of operation;
                    (E) the identification of sources of funding for
                carrying out the management plan;
                    (F) analysis and recommendations for means by which
                local, State, and Federal programs, including the role
                of the National Park Service in the Heritage Area, may
                best be coordinated to carry out this Act;
                    (G) an interpretive plan for the Heritage Area; and
                    (H) a map of the Heritage Area; and
            (4) recommend policies and strategies for resource
        management that consider and detail the application of
        appropriate land and water management techniques, including the
        development of intergovernmental and interagency cooperative
        agreements to protect the natural, cultural, historic, scenic,
        educational, and recreational resources of the Heritage Area.
    (c) Deadline.--If a proposed management plan is not submitted to
the Secretary by the date that is 3 years after the date of enactment
of this Act, the local coordinating entity shall be ineligible to
receive additional funding under this Act until the date on which the
Secretary approves a management plan.
    (d) Approval or Disapproval of Management Plan.--
            (1) In general.--Not later than 180 days after the date of
        receipt of the management plan under subsection (a), the
        Secretary, in consultation with the State, shall approve or
        disapprove the management plan.
            (2) Criteria for approval.--In determining whether to
        approve the management plan, the Secretary shall consider
        whether--
                    (A) the local coordinating entity is representative
                of the diverse interests of the Heritage Area,
                including governments, natural and historic resource
                protection organizations, educational institutions,
                businesses, and recreational organizations;
                    (B) the local coordinating entity has afforded
                adequate opportunity, including public hearings, for
                public and governmental involvement in the preparation
                of the management plan; and
                    (C) the resource protection and interpretation
                strategies contained in the management plan, if
                implemented, would adequately protect the natural,
                cultural, historic, scenic, educational, and
                recreational resources of the Heritage Area.
            (3) Action following disapproval.--If the Secretary
        disapproves the management plan under paragraph (1), the
        Secretary shall--
                    (A) advise the local coordinating entity in writing
                of the reasons for the disapproval;
                    (B) make recommendations for revisions to the
                management plan; and
                    (C) not later than 180 days after the date of
                receipt of any proposed revision of the management plan
                from the local coordinating entity, approve or
                disapprove the proposed revision.
            (4) Amendments.--
                    (A) In general.--The Secretary shall approve or
                disapprove each amendment to the management plan that
                the Secretary determines would make a substantial
                change to the management plan.
                    (B) Use of funds.--The local coordinating entity
                shall not use Federal funds authorized to be
                appropriated by this Act to carry out any amendments to
                the management plan until the Secretary has approved
                the amendments.

SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

    (a) In General.--Nothing in this Act affects the authority of a
Federal agency to provide technical or financial assistance under any
other law (including regulations).
    (b) Consultation and Coordination.--To the maximum extent
practicable, the head of any Federal agency planning to conduct
activities that may have an impact on the Heritage Area is encouraged
to consult and coordinate the activities with the Secretary and the
local coordinating entity.
    (c) Other Federal Agencies.--Nothing in this Act--
            (1) modifies, alters, or amends any law (including any
        regulation) authorizing a Federal agency to manage Federal land
        under the jurisdiction of the Federal agency;
            (2) limits the discretion of a Federal land manager to
        implement an approved land use plan within the boundaries of
        the Heritage Area; or
            (3) modifies, alters, or amends any authorized use of
        Federal land under the jurisdiction of a Federal agency.

SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS.

    Nothing in this Act--
            (1) abridges the rights of any public or private property
        owner, including the right to refrain from participating in any
        plan, project, program, or activity conducted within the
        Heritage Area;
            (2) requires any property owner--
                    (A) to permit public access (including access by
                Federal, State, tribal, or local agencies) to the
                property of the property owner; or
                    (B) to modify public access or use of property of
                the property owner under any other Federal, State, or
                local law;
            (3) alters any duly adopted land use regulation, approved
        land use plan, or other regulatory authority of any Federal,
        State, or local agency;
            (4) conveys any land use or other regulatory authority to
        the local coordinating entity;
            (5) authorizes or implies the reservation or appropriation
        of water or water rights;
            (6) diminishes the authority of the State to manage fish
        and wildlife, including the regulation of fishing and hunting
        within the Heritage Area; or
            (7) creates any liability, or affects any liability under
        any other law (including regulations), of any private property
        owner with respect to any individual injured on the private
        property.

SEC. 8. EVALUATION; REPORT.

    (a) In General.--Not later than 3 years before the date on which
authority for Federal funding terminates for the Heritage Area, the
Secretary shall--
            (1) conduct an evaluation of the accomplishments of the
        Heritage Area; and
            (2) prepare a report in accordance with subsection (c).
    (b) Evaluation.--An evaluation conducted under subsection (a)(1)
shall--
            (1) assess the progress of the local coordinating entity
        with respect to--
                    (A) accomplishing the purposes of this Act for the
                Heritage Area; and
                    (B) achieving the goals and objectives of the
                approved management plan for the Heritage Area;
            (2) analyze the Federal, State, local, and private
        investments in the Heritage Area to determine the leverage and
        impact of the investments; and
            (3) review the management structure, partnership
        relationships, and funding of the Heritage Area to identify the
        critical components for sustainability of the Heritage Area.
    (c) Report.--
            (1) In general.--Based on the evaluation conducted under
        subsection (a)(1), the Secretary shall prepare a report that
        includes recommendations for the future role of the National
        Park Service, if any, with respect to the Heritage Area.
            (2) Required analysis.--If the report prepared under
        paragraph (1) recommends that Federal funding for the Heritage
        Area be reauthorized, the report shall include an analysis of--
                    (A) ways in which Federal funding for the Heritage
                Area may be reduced or eliminated; and
                    (B) the appropriate time period necessary to
                achieve the recommended reduction or elimination.
            (3) Submission to congress.--On completion of the report,
        the Secretary shall submit the report to--
                    (A) the Committee on Energy and Natural Resources
                of the Senate; and
                    (B) the Committee on Natural Resources of the House
                of Representatives.

SEC. 9. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $10,000,000, of which not more than
$1,000,000 may be made available for any fiscal year.
    (b) Availability.--Amounts made available under subsection (a)
shall remain available until expended.
    (c) Cost-Sharing Requirement.--
            (1) In general.--The Federal share of the cost of any
        activity carried out using any assistance made available under
        this Act shall be not more than 50 percent.
            (2) Non-federal share.--The non-Federal share--
                    (A) shall be from non-Federal sources; and
                    (B) may be in the form of in-kind contributions of
                goods or services fairly valued.

SEC. 10. TERMINATION OF AUTHORITY.

    The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of enactment of
this Act.

Summary: Fox-Wisconsin Heritage Parkway National Heritage Area Act of 2010 - Establishes the Fox-Wisconsin Heritage Parkway National Heritage Area in Wisconsin. Designates the Fox-Wisconsin Heritage Parkway as the local coordinating entity for the Heritage Area. Requires the Fox-Wisconsin Heritage Parkway to prepare and submit a management plan for the Heritage Area. Sets forth requirements for the approval or disapproval of the management plan.

To establish the Fox-Wisconsin Heritage Parkway National Heritage Area, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agricultural Water Conservation
Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) the Federal Government has an historic commitment to
        assisting areas of the Nation in need of developing adequate
        water supplies,
            (2) water is becoming increasingly scarce and expensive in
        many parts of the United States, which is compounded when
        multiple years of drought occur,
            (3) in most areas of the United States, farms are
        overwhelmingly the largest water consumers, and
            (4) it is in the national interest for farmers to implement
        water conservation measures which address water conservation
        needs and for the Federal Government to promote such
        conservation measures.

SEC. 3. CREDIT FOR PURCHASE AND INSTALLATION OF AGRICULTURAL WATER
              CONSERVATION SYSTEMS.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:

``SEC. 30B. PURCHASE AND INSTALLATION OF AGRICULTURAL WATER
              CONSERVATION SYSTEMS.

    ``(a) Allowance of Credit.--In the case of an eligible taxpayer,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to 30 percent of the water
conservation system expenses paid or incurred by the taxpayer during
such year.
    ``(b) Maximum Credit.--The credit allowed by subsection (a) with
respect to any water conservation system shall not exceed the product
of $500 and the number of acres served by such system.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Eligible taxpayer.--The term `eligible taxpayer'
        means any taxpayer if--
                    ``(A) at least 50 percent of such taxpayer's gross
                income is normally derived from a trade or business
                referred to in paragraph (3)(C), and
                    ``(B) such taxpayer complies with all Federal,
                State, and local water rights and environmental laws.
            ``(2) Water conservation system expenses.--
                    ``(A) In general.--The term `water conservation
                system expenses' means expenses for the purchase and
                installation of a water conservation system but only
                if--
                            ``(i) the land served by the water is
                        entirely in an area which has been identified,
                        in the taxable year or in any of the 3
                        preceding taxable years, as an area of--
                                    ``(I) extreme drought severity on
                                the Palmer Drought Severity Index
                                published by the National Oceanic and
                                Atmospheric Administration, or
                                    ``(II) water shortage (due to
                                increasing demands, limited supplies,
                                or limited storage) by the Natural
                                Resources Conservation Service of the
                                Department of Agriculture or the Bureau
                                of Reclamation of the Department of the
                                Interior,
                            ``(ii) the taxpayer has in effect a water
                        conservation plan which has been reviewed and
                        approved by such Service and Bureau,
                            ``(iii) such expenses are consistent with
                        such plan, and
                            ``(iv) there is an irrigation water savings
                        of at least 5 percent which is attributable to
                        such system.
                For purposes of clause (iv), water savings shall be
                determined and verified under regulations prescribed
                jointly by such Service and Bureau.
                    ``(B) Water conservation system.--The term `water
                conservation system' means materials or equipment which
                are primarily designed to substantially conserve
                irrigation water used or to be used on farm land.
                    ``(C) Farm land.--The term `farm land' means land
                used in a trade or business by the taxpayer or a tenant
                of the taxpayer for--
                            ``(i) the production of crops, fruits, or
                        other agricultural products,
                            ``(ii) the raising, harvesting, or growing
                        of trees, or
                            ``(iii) the sustenance of livestock.
    ``(c) Limitation Based on Amount of Tax.--
            ``(1) Liability for tax.--The credit allowable under
        subsection (a) for any taxable year shall not exceed the excess
        (if any) of--
                    ``(A) the regular tax for the taxable year, reduced
                by the sum of the credits allowable under subpart A and
                the preceding sections of this subpart, over
                    ``(B) the tentative minimum tax for the taxable
                year.
            ``(2) Carryforward of unused credit.--If the amount of the
        credit allowable under subsection (a) for any taxable year
        exceeds the limitation under paragraph (1) for the taxable
        year, the excess shall be carried to the succeeding taxable
        year and added to the amount allowable as a credit under
        subsection (a) for such succeeding taxable year.
    ``(d) Denial of Double Benefit.--No deduction shall be allowed
under this chapter with respect to any expense which is taken into
account in determining the credit under this section, and any increase
in the basis of any property which would (but for this subsection)
result from such expense shall be reduced by the amount of credit
allowed under this section for such expense.''
    (b) Technical Amendment.--Subsection (a) of section 1016 of such
Code is amended by striking ``and'' at the end of paragraph (25), by
striking the period at the end of paragraph (26) and inserting ``;
and'', and by adding at the end the following new paragraph:
            ``(27) to the extent provided in section 30B(d), in the
        case of amounts with respect to which a credit has been allowed
        under section 30B.''
    (c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

                              ``Sec. 30B. Purchase and installation of
                                        agricultural water conservation
                                        systems.''
    (d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act, in taxable years ending after such date.

Summary: Agricultural Water Conservation Act - Amends the Internal Revenue Code to allow a tax credit for water conservation system expenses, if used on farm land having an extreme drought or a water shortage and meeting other requirements. Limits the amount of the credit and allows unused credit to be carried to the succeeding taxable year. Reduces by the amount of the credit any basis increase that would otherwise occur.

Agricultural Water Conservation Act


SECTION 1. PETITIONS CLAIMING UNREASONABLY HIGH AIR FARES OR INADEQUATE
              AIR CARRIER COMPETITION AT AIRPORTS.

    Section 41712 of title 49, United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``On the
        initiative''; and
            (2) by adding at the end the following:
    ``(b) Petitions Claiming Unreasonably High Air Fares or Inadequate
Air Carrier Competition at Airports.--
            ``(1) In general.--If the Secretary receives a petition
        submitted by the sponsor of a commercial service airport (or by
        the attorney general of a State on behalf of 1 or more persons,
        including governmental entities, with respect to an airport)
        claiming that fares for scheduled air transportation at the
        airport are unreasonably high, or that competition between air
        carriers at the airport is inadequate, the Secretary shall
        investigate and hold a public hearing on the petition before
        the expiration of the 90-day period beginning on the date of
        receipt of the petition.
            ``(2) Location of hearing.--A public hearing under
        paragraph (1) shall be held in the community served by the
        airport if requested in the petition and if practicable.
            ``(3) Information to be provided by air carriers.--An air
        carrier providing air transportation at the airport shall
        provide to the Secretary pursuant to section 41708 such
        information concerning fares for air transportation and air
        service at the airport as the Secretary considers necessary to
        making findings in response to the petition.
            ``(4) Opportunity to testify.--A sponsor of an airport or
        an attorney general of a State submitting a petition under
        paragraph (1), and each air carrier providing air
        transportation at the airport, shall be provided an opportunity
        to testify at the public hearing conducted with respect to the
        petition. The Secretary may also take testimony from other
        interested persons and shall consider all written petitions
        received in response to each petition.
            ``(5) Findings.--Not later than 60 days after the date on
        which a public hearing is convened with respect to a petition
        submitted under this subsection, the Secretary shall issue
        written findings in response to the issues raised in the
        petition, including, at a minimum, findings as to--
                    ``(A) subject to paragraph (8), whether fares for
                air transportation at the airport are substantially
                higher than at comparable airports in the Nation;
                    ``(B) whether air carrier costs to provide air
                transportation at the airport appear substantially
                higher than at comparable airports;
                    ``(C) whether barriers to entry are discouraging or
                preventing other air carriers from initiating
                competitive air transportation at the airport;
                    ``(D) whether marketing practices described in
                subsection (c) or other air carrier practices are
                contributing to such barriers to entry or are otherwise
                resulting in higher air carrier costs or higher fares
                for air transportation; and
                    ``(E) as appropriate, whether any programs under
                the Secretary's authority could be helpful to airports
                in marketing their facilities to air carriers, reducing
                fares for air transportation, or minimizing barriers to
                entry by other air carriers seeking to provide air
                transportation at the airport.
            ``(6) Subsequent petitions.--If the Secretary receives a
        petition under this section with respect to an airport for
        which the Secretary has previously conducted an investigation
        and public hearing under this subsection, the Secretary may
        decide not to conduct a subsequent investigation and public
        hearing in response to the new petition. In deciding whether to
        conduct the investigation and public hearing, the Secretary
        shall consider whether changed circumstances may have limited
        the continuing validity of the Secretary's previous findings
        with respect to the airport.
            ``(7) Reports to congress.--Not later than 180 days after
        the date of enactment of this subsection, and at the end of
        each 180-day period thereafter, the Secretary shall transmit to
        Congress a report on the results of the investigations, if any,
        completed under this subsection during that period.
            ``(8) Limitation on statutory construction.--Nothing in
        this subsection may be construed to authorize the Secretary to
        set or invalidate any fare for air transportation.
    ``(c) Marketing Practices That Adversely Affect Air Carrier
Competition.--
            ``(1) Review.--Not later than 180 days after the date of
        enactment of this subsection, the Secretary shall review the
        marketing practices of air carriers that may inhibit the
        availability of quality, affordable air transportation services
        to commercial service airports, including--
                    ``(A) marketing arrangements between air carriers
                and travel agents;
                    ``(B) code-sharing partnerships;
                    ``(C) frequent flyer incentive programs and
                restrictions on purchases of frequent flyer mileage by
                other air carriers;
                    ``(D) computer reservation system displays;
                    ``(E) gate arrangements at airports;
                    ``(F) exclusive dealing arrangements; and
                    ``(G) any other marketing practices that may have
                similar impacts.
            ``(2) Regulations.--If the Secretary finds, after
        conducting the review required by paragraph (1), that 1 or more
        marketing practices of air carriers inhibit the availability of
        quality, affordable air transportation services at commercial
        service airports, the Secretary, after providing notice and an
        opportunity for public comment, shall issue regulations to
        address the marketing practices.''.

Summary: Amends Federal aviation law to require the Secretary of Transportation to investigate and hold a public hearing with respect to each petition by the sponsor of a commercial service airport claiming that fares for air transportation at an airport are unreasonably high, or that competition between air carriers at the airport is inadequate. Directs the Secretary to: (1) issue written findings in response to the issues raised in the petition. And (2) report to Congress the results of the investigations, if any. Directs the Secretary to review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to commercial service airports. Requires the Secretary, if it is determined that one or more marketing practices of air carriers inhibit such services, to issue regulations addressing such practices.

To amend title 49, United States Code, to require the Secretary of Transportation to investigate and hold public hearings in response to petitions claiming unreasonably high air fares or inadequate air carrier competition at airports.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfield Redevelopment and
Economic Development Innovative Financing Act of 2014''.

SEC. 2. BROWNFIELD REDEVELOPMENT AND ECONOMIC DEVELOPMENT INNOVATIVE
              FINANCING PROGRAM.

    (a) Establishment and Purpose.--The Secretary of Housing and Urban
Development, in consultation with the Secretary of the Treasury, shall
establish a program, to be known as the Brownfield Redevelopment and
Economic Development Innovative Financing program, under which the
Secretary may guarantee, and make commitments to guarantee, the
repayment of principal and interest on loans made by lenders to local
governments, local redevelopment agencies, or BRAC redevelopment
projects for the purposes of carrying out projects for redeveloping
brownfields and promoting urban renewal.
    (b) Eligibility Requirements.--
            (1) Application.--A local government, local redevelopment
        agency, or BRAC redevelopment project shall be eligible to
        receive a loan guarantee under the Program only if such
        government, agency, or project submits to the Secretary (at
        such time and in such form as the Secretary may require)--
                    (A) a master plan that meets the requirements under
                subsection (c);
                    (B) a certification from the Environmental
                Protection Agency, or an entity designated by the
                Environmental Protection Agency, that the brownfield to
                be redeveloped under the master plan requires
                environmental remediation; and
                    (C) any other information as the Secretary may
                require.
            (2) Loan eligibility.--A loan may be guaranteed under the
        Program only if the loan meets the following requirements:
                    (A) Use.--Such loan shall be used for costs of
                carrying out a project to redevelop brownfields and
                promote urban renewal, which may include--
                            (i) acquisition of a brownfield site;
                            (ii) remediation of a brownfield site;
                            (iii) relocation of existing facilities in
                        operation on the redevelopment site; or
                            (iv) site preparation, including the
                        installation of utilities, sewers, storm
                        drains, and transportation facilities.
                    (B) Contamination.--A local government, local
                redevelopment agency, or BRAC redevelopment project may
                not receive a loan guarantee under the Program if the
                applying agency was responsible for contaminating a
                brownfield to be redeveloped using such loan.
                    (C) Number of loans.--A local government, local
                redevelopment agency, or BRAC redevelopment project may
                not at any time have more than one outstanding loan
                that is guaranteed under the Program.
                    (D) Amount of principal.--The original principal
                amount of such loan shall not--
                            (i) be less than $25,000,000; and
                            (ii) exceed the lesser of--
                                    (I) the total cost of the
                                redevelopment project for which the
                                loan is to be used; or
                                    (II) $150,000,000.
                    (E) Interest rate.--Such loan shall bear interest
                at a rate negotiated between the lender and the
                borrower, subject to any limitations that the Secretary
                may establish.
                    (F) Duration.--The term to maturity of such loan
                shall not be shorter than 20 years nor longer than 30
                years.
                    (G) Repayment.--Such loan--
                            (i) shall not require any repayment of
                        principal or interest within 10 years after the
                        date that the lender makes the loan to the
                        borrower; and
                            (ii) shall require that repayment shall
                        begin not later than 15 years after the date
                        that such loan is made.
    (c) Master Plan.--A master plan under this subsection shall
describe the proposed brownfield redevelopment project for which the
loan guarantee is to be made, and shall include--
            (1) a description of the project to be funded by the loan,
        including a schedule of activities to be undertaken and a
        budget for such project;
            (2) a demonstration that the brownfield redevelopment
        project will result in major redevelopment, based on economic
        development and environmental quality and restoration, in the
        community in which such project is located, which shall include
        information regarding--
                    (A) the extent of non-Federal funds committed to
                the project;
                    (B) the number of long-term jobs created by the
                project;
                    (C) the environmental remediation of brownfield
                sites due to the project;
                    (D) a description of the environmental and economic
                impact of the project on the community;
                    (E) the amount of affordable housing created by the
                project;
                    (F) the reduction of vehicle congestion and
                emissions expected to result from the project;
                    (G) the extent of integration of green technology
                into developments and buildings created by the project;
                    (H) the extent of improvement in air quality
                expected to result from the project; and
                    (I) the extent to which complete streets planning
                and transit-oriented development is incorporated into
                the project;
            (3) evidence of the commitments of investment from non-
        Federal entities, established through zoning or other
        documentation; and
            (4) a remediation action plan that has been approved by the
        Environmental Protection Agency, or its designee.
    (d) Selection Criteria.--The Secretary shall establish criteria for
selecting local governments, local redevelopment agencies, and BRAC
redevelopment projects to receive loan guarantees under the Program.
Such criteria shall take into consideration the information required
under subsection (c)(2). Such criteria shall provide that existing BRAC
redevelopment projects having existing Federal grants, loans, or other
assistance or commitments for Federal grants, loans, or other
assistance, shall be given additional favorable consideration toward
such selection.
    (e) Full Faith and Credit.--The full faith and credit of the United
States is pledged to the payment of all guarantees made under this
section. Any such guarantee made by the Secretary shall be conclusive
evidence of the eligibility of the obligations for such guarantee with
respect to principal and interest, and the validity of any such
guarantee so made shall be incontestable in the hands of a holder of
the guaranteed obligations.
    (f) Protection Against Liability for Environmental Remediation.--
The Federal Government shall not be liable under the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) or any other Federal, State, or local law as a
result of a loan guarantee made under this section.
    (g) Processing; Repayment and Collateral; Congressional
Oversight.--
            (1) Processing.--The Secretary shall consider, process, and
        approve all requests for loan guarantees under this section
        using an approval process that is substantially identical to
        the approval process used for loan guarantees provided under
        section 108 of the Housing and Community Development Act of
        1974 (42 U.S.C. 5308).
            (2) Repayment schedule and collateralization.--To be
        eligible for a loan guarantee under this section, an applicant
        shall demonstrate a viable repayment schedule and shall provide
        sufficient collateral to ensure repayment of loans so
        guaranteed, which may be in the form of a pledge of grants for
        which the applicant may become eligible under title I of the
        Housing and Community Development Act of 1974 (42 U.S.C. 5301
        et seq.), except that the Secretary may not require a pledge of
        such grants as collateral and shall provide for applicants to
        provide collateral in other forms, at the option of the
        applicant.
            (3) Congressional oversight.--Before final approval of any
        loan guarantee under this section, the Secretary shall notify
        the Committees on Financial Services and Appropriations of the
        House of Representatives and Committees on Banking, Housing,
        and Urban Affairs and Appropriations of the Senate of such
        approval.
    (h) Definitions.--For purposes of this section the following
definitions shall apply:
            (1) BRAC redevelopment project.--The term ``BRAC
        redevelopment project'' means a project to redevelop a site
        that has been designated as a Base Realignment and Closure Site
        by the Secretary of Defense, through the Defense Base Closure
        and Realignment Commission, and is listed on the website of the
        Department of Defense as such a site.
            (2) Brownfield.--The term ``brownfield'' has the meaning
        given such term in section 101(39) of the Comprehensive
        Environmental Response, Compensation, and Liability Act of 1980
        (42 U.S.C. 9601(39).
            (3) Local redevelopment agency.--The term ``local
        redevelopment agency'' means any agency, office, or division of
        a State government whose purpose includes improving blighted,
        deteriorated, or otherwise economically depressed areas.
            (4) Remediation action plan.--The term ``remediation action
        plan'' means, with respect to a brownfield redevelopment
        project, a document that describes how the project site will be
        remediated, what technology will be used to accomplish such
        remediation, and when the remediation actions will take place.
            (5) Program.--The term ``Program'' means the Brownfield
        Redevelopment and Economic Development Innovative Financing
        program established under this section.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of Housing and Urban Development.
    (i) Regulations.--Not later than 6 months after the date of
enactment of this section, the Secretary shall issue regulations as may
be necessary to carry out the Program.
    (j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $100,000,000 for fiscal year 2015 for
costs (as such term is defined in section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a)) of loans guaranteed under this
section, which amounts shall remain available through fiscal year 2019.

Summary: Brownfield Redevelopment and Economic Development Innovative Financing Act of 2014 - Directs the Secretary of Housing and Urban Development (HUD) to establish the Brownfield Redevelopment and Economic Development Innovative Financing Program, under which the Secretary may guarantee the repayment of loans made by lenders to local governments, local redevelopment agencies, or Base Realignment and Closure Commission (BRAC) redevelopment projects to carry out projects for redeveloping brownfields and promoting urban renewal. Requires such an entity, in order to receive such a loan guarantee, to submit: (1) a master plan that describes the proposed brownfield redevelopment project, demonstrates that such project will result in major redevelopment, provides evidence of investment commitments from non-federal entities, and includes a remediation action plan approved by the Environmental Protection Agency (EPA). And (2) a certification from EPA that the brownfield to be redeveloped requires environmental remediation. Prohibits an entity from: (1) receiving a loan guarantee if it was responsible for contaminating the brownfield to be redeveloped, or (2) having more than one outstanding loan that is guaranteed under the Program. Sets forth requirements regarding an eligible loan's principal amount, interest rate, duration, and repayment terms. Directs the Secretary to establish criteria for selecting entities to receive loan guarantees.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arctic Marine Shipping Assessment
Implementation Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States is an Arctic nation with--
                    (A) an approximately 700-mile border with the
                Arctic Ocean;
                    (B) more than 100,000,000 acres of land above the
                Arctic Circle; and
                    (C) an even broader area defined as Arctic by
                temperature, which includes the Bering Sea and Aleutian
                Islands.
            (2) The Arctic region of the United States--
                    (A) is home to an indigenous population which has
                subsisted for millennia on the abundance in marine
                mammals, fish, and wildlife, many of which are unique
                to the region;
                    (B) is known to the indigenous population as
                Inuvikput or the ``place where we live''; and
                    (C) has produced more than 16,000,000,000 barrels
                of oil and, according to the United States Geological
                Survey, may hold an additional 30,000,000,000 barrels
                of oil and 220,000,000,000,000 cubic feet of natural
                gas, making the region of fundamental importance to the
                national interest of the United States.
            (3) Temperatures in the United States Arctic region have
        warmed by 3 to 4 degrees Celsius over the past half-century, a
        rate of increase that is twice the global average.
            (4) The Arctic ice pack is rapidly diminishing and
        thinning, and the National Oceanic and Atmospheric
        Administration estimates the Arctic Ocean may be ice free
        during summer months in as few as 30 years.
            (5) Such changes to the Arctic region are having a
        significant impact on the indigenous people of the Arctic,
        their communities and ecosystems, as well as the marine
        mammals, fish, and wildlife upon which they depend.
            (6) Such changes are opening new portions of the United
        States Arctic continental shelf to possible development for
        offshore oil and gas, commercial fishing, marine shipping, and
        tourism.
            (7) It is in the interests of the United States to work
        with the State of Alaska and the United States neighbors in the
        Arctic region to ensure that shipping in the Arctic Ocean and
        adjacent seas is safe for mariners, protective of the natural
        environment, including the air, land, water, and wildlife of
        the Arctic, and mindful of the needs of longstanding
        subsistence users of Arctic resources.
            (8) It is in the interests of the United States to ensure
        that shipping in the Arctic Ocean and adjacent seas is secure,
        that United States sovereign and security interests, including
        the freedom of navigation rights of United States and foreign
        vessels to transit international straits, are respected and
        protected, consistent with international and customary law,
        that access is provided throughout the Arctic Ocean for
        legitimate research vessels of all nations, and that peaceful
        relations are maintained in the Arctic region.
            (9) It is in the interests of the United States to
        cooperate to establish a system of international cooperation to
        support reliable shipping, with methods for joint investment in
        providing mariners aids to navigation, ports of refuge, vessel-
        to-shore communication, weather and ice forecasting, ship
        tracking and reporting, hydrographic mapping, and search and
        rescue capability.
            (10) The United States has continuing research, security,
        environmental, and commercial interests in the Arctic region
        that rely on the availability of polar class icebreakers of the
        Coast Guard that were commissioned in the 1970s and are in need
        of replacement.
            (11) Sovereign interests of the United States in the Arctic
        Ocean and Bering Sea regions may grow with submission of a
        United States claim for an extended continental shelf, pending
        the United States becoming a party to the United Nations
        Convention on the Law of the Sea, done at Montego Bay December
        10, 1982.
            (12) Building new icebreakers, forward operating bases,
        aids to navigation, and other facilities, and establishing
        coordinated shipping regulations and oil spill prevention and
        response capability through international cooperation requires
        long lead times.
            (13) Beginning such efforts, with the completion of an
        Arctic Marine Shipping Assessment by the 8-nation Arctic
        Council, is essential to protect United States interests given
        the extensive current use of the Arctic Ocean and adjacent seas
        by vessels of many nations.

SEC. 3. PURPOSE.

    The purpose of this Act is to ensure safe, secure, and reliable
maritime shipping in the Arctic, including the availability of aids to
navigation, vessel escorts, spill response capability, and maritime
search and rescue in the Arctic.

SEC. 4. DEFINITIONS.

    In this Act, the term ``Arctic'' has the meaning given that term in
section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C.
4111).

SEC. 5. SENSE OF CONGRESS ON INTERNATIONAL AGREEMENTS.

    It is the sense of Congress that, to carry out the purpose of this
Act, the Secretary of State, in consultation with the Secretary of
Homeland Security, acting through the Commandant of the Coast Guard,
should work to establish agreements to promote coordinated action among
the United States, Russia, Canada, Iceland, Norway, and Denmark and
other seafaring and Arctic nations with respect to--
            (1) placement and maintenance of aids to navigation in
        waters of the Arctic;
            (2) improved navigational charts;
            (3) the monitoring of ocean conditions including wind,
        waves, and currents and the timely reporting of information
        about ice and weather conditions;
            (4) appropriate icebreaking escort, tug, and salvage
        capabilities;
            (5) oil spill prevention and response capability;
            (6) maritime domain awareness, including long-range vessel
        tracking and communications facilities;
            (7) search and rescue; and
            (8) facilities for ship generated waste.

SEC. 6. COAST GUARD ARCTIC MISSION ANALYSIS.

    (a) Submission of Report Analysis to Congress.--
            (1) Requirement for submission.--Not later than 90 days
        following the completion of the High Latitude Polar Ice-
        Breaking Mission Analysis Report, the Commandant of the Coast
        Guard shall submit to the appropriate committees of Congress--
                    (A) such report; and
                    (B) consistent with section 93(a)(24) of title 14,
                United States Code, any recommendations of the
                Commandant related to such report.
            (2) Appropriate committees of congress defined.--In this
        subsection, the term ``appropriate committees of Congress''
        means the Committee on Commerce, Science, and Transportation of
        the Senate and the Committee on Transportation and
        Infrastructure of the House of Representatives.
    (b) Mission Requirements Analysis.--
            (1) Mission requirements analysis.--Not later than 90 days
        after the date of the enactment of this Act, the Commandant of
        the Coast Guard shall, subject to the availability of
        appropriations, execute a contract with an independent entity
        to--
                    (A) conduct an analysis of future mission
                requirements of the Coast Guard in the Arctic and
                Antarctic; and
                    (B) estimate the necessary resources to provide for
                such requirements.
            (2) Submission of analysis and estimate.--Not later than
        120 days after the date that the contract described in
        paragraph (1) is executed, the analysis and estimate described
        in subparagraph (A) and (B) of that paragraph shall be
        submitted to--
                    (A) the appropriate committees of Congress;
                    (B) the Commandant of the Coast Guard; and
                    (C) the Comptroller General of the United States.
            (3) Additional recommendations.--Not later than 90 days
        after the submission of the analysis and estimate described in
        paragraph (2)--
                    (A) the Commandant of the Coast Guard shall submit
                to the appropriate committees of Congress, consistent
                with section 93(a)(24) of title 14, United States Code,
                any recommendations of the Commandant related to such
                analysis and estimate; and
                    (B) the Comptroller General shall submit to the
                appropriate committees of Congress any recommendations
                of the Comptroller General related to such analysis and
                estimate.
            (4) Appropriate committees of congress defined.--In this
        subsection, the term ``appropriate committees of Congress''
        means--
                    (A) the Committee on Commerce, Science, and
                Transportation and the Committee on Homeland Security
                and Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security and the
                Committee on Transportation and Infrastructure of the
                House of Representatives.

SEC. 7. ARCTIC VESSEL TRAFFIC RISK ASSESSMENTS.

    (a) In General.--Pursuant to sections 4 and 5 of the Ports and
Waterways Safety Act of 1972 (33 U.S.C. 1223 and 1224), the Commandant
of the Coast Guard, in consultation with the appropriate Area Committee
established under section 311(j)(4) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)(4)), shall prepare--
            (1) not later than 2 years after the date of the enactment
        of this Act, a vessel traffic risk assessment for the Bering
        Strait, Alaska; and
            (2) not later than 3 years after the date of the enactment
        of this Act, a vessel traffic risk assessment for the Arctic
        Ocean waters adjacent to Alaska's North Slope.
    (b) Contents.--A vessel traffic risk assessment, prepared pursuant
to subsection (a), shall describe for the Bering Strait or the Arctic
Ocean, as appropriate--
            (1) the amount and character of present and estimated
        future shipping traffic in the region; and
            (2) the current and projected use and effectiveness in
        reducing risk of--
                    (A) traffic separation schemes and routing
                measures;
                    (B) long-range vessel tracking systems developed
                under section 70115 of title 46, United States Code;
                    (C) towing, response, or escort tugs;
                    (D) vessel traffic services;
                    (E) emergency towing packages on vessels;
                    (F) increased spill response equipment including
                equipment appropriate for severe weather and sea
                conditions;
                    (G) the automatic identification system developed
                under section 70114 of title 46, United States Code;
                    (H) particularly sensitive sea areas, important
                ecological areas, areas to be avoided, and other
                traffic exclusion zones;
                    (I) aids to navigation;
                    (J) vessel response plans, facility response plans,
                any other response plans that the Secretary deems
                necessary; and
                    (K) area contingency plans and the effectiveness of
                the several response plans to support an area
                contingency plans.
    (c) Recommendations.--
            (1) In general.--An assessment, prepared pursuant to this
        section, may include any appropriate recommendations to enhance
        the safety and security, or lessen potential adverse
        environmental impacts, of marine shipping.
            (2) Consultation.--Prior to making any recommendation
        described in paragraph (1), the Commandant of the Coast Guard,
        acting through the appropriate Area Committee established under
        section 311(j)(4) of the Federal Water Pollution Control Act
        (33 U.S.C. 1321(j)(4)), shall consult with affected Federal,
        State, and local government agencies, representatives of the
        fishing industry, Alaska Natives from the region, the
        conservation community, and the merchant shipping and oil
        transportation industries.

SEC. 8. CENTRAL BERING SEA HARBOR OF REFUGE.

    (a) Consultation and Determination.--Not later than 1 year after
the date of the enactment of this Act, the Commandant of the Coast
Guard shall consult with the Secretary of the Army to determine the
viability of and the improvements necessary to make the harbor at St.
George Island, Alaska, a fully functional harbor of refuge throughout
the year to enhance safety of life at sea and protection from oil
pollution in the Central Bering Sea.
    (b) Completion of Harbor.--Not later than 3 years after the date of
the enactment of this Act, the Secretary of the Army shall complete the
harbor at St. George Island, Alaska, including the improvements
determined under subsection (a) and any engineering design needed for
safe navigation.

SEC. 9. REPORT ON ESTABLISHMENT OF ARCTIC DEEP WATER PORT.

    (a) Study.--
            (1) In general.--The Commandant of the Coast Guard shall
        conduct a study on the feasibility and potential of
        establishing a deep water sea port in the Arctic to protect and
        advance strategic United States interests within the evolving
        and ever more important Arctic region.
            (2) Scope.--The study required under paragraph (1) shall
        address the following issues:
                    (A) The capability that such a port would provide.
                    (B) Potential and optimum locations for such a
                port.
                    (C) Resources needed to establish such a port.
                    (D) The time frame needed to establish such a port.
                    (E) The infrastructure required to support such a
                port.
                    (F) Any other issues the Secretary determines
                necessary to complete the study.
    (b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Defense shall submit to the congressional
defense committees a report on the findings of the study conducted
under subsection (a).

SEC. 10. TRANSFER OF FUNDS FOR ICEBREAKING SERVICES.

    Notwithstanding any other provision of law, the Director of the
National Science Foundation shall transfer all amounts provided
pursuant to any Act for the procurement of polar icebreaking services
to the United States Coast Guard Appropriation Accounts, and such
amounts shall remain available until expended for operating expenses,
renovation, and improvement.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the
Secretary of Homeland Security--
            (1) $40,000,000 in fiscal year 2011 for the design of a new
        polar class icebreaker;
            (2) $800,000,000 for each of fiscal years 2011 and 2012 for
        the construction of 2 polar capable icebreakers;
            (3) $5,000,000 for each of fiscal years 2011 through 2015
        for seasonal operations in the Arctic;
            (4) $10,000,000 for each of fiscal years 2012 through 2015
        to carry out any agreements referred to in section 5;
            (5) $4,000,000, to remain available until expended, for a
        vessel traffic risk assessments to be conducted pursuant to
        section 7; and
            (6) $100,000,000 in each of the fiscal years 2011 through
        2013 for the construction of forward operating bases, including
        aircraft hangar, bunk and mess facilities in Barrow, Nome, and
        Saint Paul Island, Alaska.
    (b) Hydrographic Services.--Section 306 of the Hydrographic
Services Improvement Act of 1998 (33 U.S.C. 892d) is amended by adding
at the end the following new paragraphs:
            ``(7) To acquire hydrographic data, provide hydrographic
        services, and conduct coastal change analyses necessary to
        ensure safe navigation, and to improve the management of
        coastal change in the Arctic, $10,000,000 for each of fiscal
        years 2011 and 2012.
            ``(8) To acquire hydrographic data and provide hydrographic
        services in the Arctic necessary to delineate the United States
        extended continental shelf, $5,000,000 for each of fiscal years
        2011 and 2012.''.

Summary: Arctic Marine Shipping Assessment Implementation Act of 2009 - Expresses the sense of Congress that the Secretary of State should work to establish agreements to promote coordinated action among the United States, Russia, Canada, Iceland, Norway, and Denmark and other seafaring and Arctic nations with respect to navigation, monitoring of conditions, and marine pollution in waters of the Arctic. Requires the Commandant of the Coast Guard to: (1) submit the High Latitude Polar Ice-Breaking Mission Analysis Report to Congress, along with any recommendations related to it. (2) contract with an independent entity to analyze future mission requirements of the Coast Guard in the Arctic and Antarctic. And (3) prepare vessel traffic risk assessments for the Bering Strait, Alaska, and for the Arctic Ocean waters adjacent to Alaska's North Slope. Directs the Commandant to consult with the Secretary of the Army to determine the viability of making the harbor at St. George Island, Alaska, a fully functional harbor of refuge throughout the year to enhance safety of life at sea and protection from oil pollution in the Central Bering Sea. Directs the Secretary of the Army to complete the harbor at St. George Island, including such improvements and any engineering design needed for safe navigation. Requires a study on the feasibility and potential of establishing a deep water sea port in the Arctic to protect and advance US strategic interests within the Arctic region. Requires the Director of the National Science Foundation to transfer all amounts provided pursuant to any Act for procurement of polar icebreaking services to the United States Coast Guard Appropriation Accounts, to remain available until expended for operating expenses, renovation, and improvement. Authorizes appropriations to: (1) the Department of Homeland Security for icebreaking operations, Arctic seasonal operations, vessel traffic risk assessments, and construction of bases in Barrow, Nome, and Saint Paul Island, Alaska. And (2) the National Oceanic and Atmospheric Administration (NOAA) for hydrographic data acquisition and services and coastal change analysis in the Arctic.

A bill to ensure safe, secure, and reliable marine shipping in the Arctic, including the availability of aids to navigation, vessel escorts, oil spill response capability, and maritime search and rescue in the Arctic, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spyware Control and Privacy
Protection Act of 2000''.

SEC. 2. COLLECTION OF INFORMATION BY COMPUTER SOFTWARE.

    (a) Notice and Choice Required.--
            (1) In general.--Any computer software made available to
        the public, whether by sale or without charge, that includes a
        capability to collect information about the user of such
        computer software, the hardware on which such computer software
        is used, or the manner in which such computer software is used,
        and to disclose to such information to any person other than
        the user of such computer software, shall include--
                    (A) a clear and conspicuous written notice, on the
                first electronic page of the instructions for the
                installation of such computer software, that such
                computer software includes such capability;
                    (B) a description of the information subject to
                collection and the name and address of each person to
                whom such computer software will transmit or otherwise
                communicate such information; and
                    (C) a clear and conspicuous written electronic
                notice, in a manner reasonably calculated to provide
                the user of such computer software with easily
                understood instructions on how to disable such
                capability without affecting the performance or
                operation of such computer software for the purposes
                for which such computer software was intended.
            (2) Enablement of capability.--A capability of computer
        software described in paragraph (1) may not be enabled unless
        the user of such computer software provides affirmative
        consent, in advance, to the enablement of the capability.
            (3) Exception.--The requirements in paragraphs (1) and (2)
        shall not apply to any capability of computer software that is
        reasonably needed to--
                    (A) determine whether or not the user is a licensed
                or authorized user of such computer software;
                    (B) provide, upon request of the user, technical
                support of the use of such computer software by the
                user; or
                    (C) enable an employer to monitor computer usage by
                its employees while such employees are within the scope
                of employment as authorized by applicable Federal,
                State, or local law.
            (4) Use of information collected through excepted
        capability.--Any information collected through a capability
        described in paragraph (1) for a purpose referred to in
        paragraph (3) may be utilized only for the purpose for which
        such information is collected under paragraph (3).
            (5) Access to information collected through excepted
        capability.--Any person collecting information about a user of
        computer software through a capability described in paragraph
        (1) shall--
                    (A) upon request of the user, provide reasonable
                access by user to information so collected;
                    (B) provide a reasonable opportunity for the user
                to correct, delete, or supplement such information; and
                    (C) make the correction or supplementary
                information a part of the information about the user
                for purposes of any future use of such information
                under this subsection.
            (6) Security of information collected through excepted
        capability.--Any person collecting information through a
        capability described in paragraph (1) shall establish and
        maintain reasonable procedures necessary to protect the
        security, confidentiality, and integrity of such information.
    (b) Preinstallation.--In the case of computer software described in
subsection (a)(1) that is installed on a computer by someone other than
the user of such computer software, whether through preinstallation by
the provider of such computer or computer software, by installation by
someone before delivery of such computer to the user, or otherwise, the
notice and instructions under that subsection shall be provided in
electronic form to the user before the first use of such computer
software by the user.
    (c) Violations.--A violation of subsection (a) or (b) shall be
treated as an unfair or deceptive act or practice proscribed by section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
    (d) Disclosure to Law Enforcement or Under Court Order.--
            (1) In general.--Notwithstanding any other provision of
        this section, a computer software provider that collects
        information about users of the computer software may disclose
        information about a user of the computer software--
                    (A) to a law enforcement agency in response to a
                warrant issued under the Federal Rules of Criminal
                Procedure, an equivalent State warrant, or a court
                order issued in accordance with paragraph (3); or
                    (B) in response to a court order in a civil
                proceeding granted upon a showing of compelling need
                for the information that cannot be accommodated by any
                other means if--
                            (i) the user to whom the information
                        relates is given reasonable notice by the
                        person seeking the information of the court
                        proceeding at which the order is requested; and
                            (ii) the user is afforded a reasonable
                        opportunity to appear and contest the issuance
                        of the requested order or to narrow its scope.
            (2) Safeguards against further disclosure.--A court that
        issues an order described in paragraph (1) shall impose
        appropriate safeguards on the use of the information to protect
        against its unauthorized disclosure.
            (3) Court orders.--A court order authorizing disclosure
        under paragraph (1)(A) may issue only with prior notice to the
        user and only if the law enforcement agency shows that there is
        probable cause to believe that the user has engaged, is
        engaging, or is about to engage in criminal activity and that
        the records or other information sought are material to the
        investigation of such activity. In the case of a State
        government authority, such a court order shall not issue if
        prohibited by the law of such State. A court issuing an order
        pursuant to this paragraph, on a motion made promptly by the
        computer software provider may quash or modify such order if
        the information or records requested are unreasonably
        voluminous in nature or if compliance with such order otherwise
        would cause an unreasonable burden on the provider.
    (e) Private Right of Action.--
            (1) Actions authorized.--A person may, if otherwise
        permitted by the laws or rules of court of a State, bring in an
        appropriate Federal court, if such laws or rules prohibit such
        actions, either or both of the actions as follows:
                    (A) An action based on a violation of subsection
                (a) or (b) to enjoin such violation.
                    (B) An action to recover actual monetary loss for a
                violation of subsection (a) or (b) in an amount equal
                to the greater of--
                            (i) the amount of such actual monetary
                        loss; or
                            (ii) $2,500 for such violation, not to
                        exceed a total amount of $500,000.
            (2) Additional remedy.--If the court in an action under
        paragraph (1) finds that the defendant willfully, knowingly, or
        repeatedly violated subsection (a) or (b), the court may, in
        its discretion, increase the amount of the award under
        paragraph (1)(B) to an amount not greater than three times the
        amount available under paragraph (1)(B)(ii).
            (3) Litigation costs and attorney fees.--In any action
        under paragraph (1), the court may, in its discretion, require
        an undertaking for the payment of the costs of such action and
        assess reasonable costs, including reasonable attorney fees,
        against the defendant.
            (4) Venue.--In addition to any contractual provision
        otherwise, venue for an action under paragraph (1) shall lie
        where the computer software concerned was installed or used or
        where the person alleged to have committed the violation
        concerned is found.
            (5) Protection of trade secrets.--At the request of any
        party to an action under paragraph (1), or any other
        participant in such action, the court may, in its discretion,
        issue a protective order and conduct proceedings in such action
        so as to protect the secrecy and security of the computer,
        computer network, computer data, computer program, and computer
        software involved in order to--
                    (A) prevent possible recurrence of the same or a
                similar act by another person; or
                    (B) protect any trade secrets of such party or
                participant.
    (f) Definitions.--In this section:
            (1) Collect.--The term ``collect'' means the gathering of
        information about a computer or a user of computer software by
        any means, whether direct or indirect and whether active or
        passive.
            (2) Computer.--The term ``computer'' means a programmable
        electronic device that can store, retrieve, and process data.
            (3) Computer software.--(A) Except as provided in
        subparagraph (B), the term ``computer software'' means any
        program designed to cause a computer to perform a desired
        function or functions.
            (B) The term does not include a text file, or cookie,
        placed on a person's computer system by an Internet service
        provider, interactive computer service, or commercial Internet
        website to return information to the Internet service provider,
        interactive computer service, commercial Internet website, or
        third party if the person subsequently uses the Internet
        service provider or interactive computer service, or accesses
        the commercial Internet website.
            (4) Information.--The term ``information'' means
        information that personally identifies a user of computer
        software, including the following:
                    (A) A first and last name, whether given at birth
                or adoption, assumed, or legally changed.
                    (B) A home or other physical address including
                street name and name of a city or town.
                    (C) An electronic mail address.
                    (D) A telephone number.
                    (E) A social security number.
                    (F) A credit card number, any access code
                associated with the credit card, or both.
                    (G) A birth date, birth certificate number, or
                place of birth.
                    (H) Any other unique information identifying an
                individual that a computer software provider, Internet
                service provider, interactive computer service, or
                operator of a commercial Internet website collects and
                combines with information described in subparagraphs
                (A) through (G) of this paragraph.
            (5) Person.--The term ``person'' has the meaning given that
        term in section 3(32) of the Communications Act of 1934 (47
        U.S.C. 153(32)).
            (6) User.--The term ``user'' means an individual who
        acquires, through purchase or otherwise, computer software for
        purposes other than resale.
    (g) Effective Date.--This section shall take effect 180 days after
the date of the enactment of this Act.

Summary: Prohibits such capability from being enabled unless the user consent in advance. Provides exceptions for any such capability reasonably needed to: (1) determine whether a user is a licensed or authorized user, (2) provide technical support for such software. Or (3) enable an employer to monitor computer usage by employees within the scope of employment authorized by applicable Federal, State, or local law. Requires the protection of information collected through such exceptions. Treats each violations of such requirements and prohibition as an unfair or deceptive act or practice under the Federal Trade Commission Act. Authorizes a software provider to disclose such information to law enforcement officials or a court under a warrant or court order . Requires a court issuing such an order to ensure appropriate safeguards on the use of such information. Provides a private right of action for users for enforcement of this Act. Authorizes a court, in such an action, to issue a protective order and conduct proceedings so as to protect trade secrets.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland Security
Component Privacy Officer Act of 2008''.

SEC. 2. ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN EACH COMPONENT OF
              DEPARTMENT OF HOMELAND SECURITY.

    (a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by inserting after
section 222 the following new section:

``SEC. 222A. PRIVACY OFFICIALS.

    ``(a) Designation.--
            ``(1) In general.--For each component of the Department
        under paragraph (2), the Secretary shall, in consultation with
        the head of the component, designate a full-time privacy
        official, who shall report directly to the senior official
        appointed under section 222. Each such component privacy
        official shall have primary responsibility for its component in
        implementing the privacy policy for the Department established
        by the senior official appointed under section 222.
            ``(2) Components.--The components of the Department
        referred to in this subparagraph are as follows:
                    ``(A) The Transportation Security Administration.
                    ``(B) The Bureau of Citizenship and Immigration
                Services.
                    ``(C) Customs and Border Protection.
                    ``(D) Immigration and Customs Enforcement.
                    ``(E) The Federal Emergency Management Agency.
                    ``(F) The Coast Guard.
                    ``(G) The Directorate of Science and Technology.
                    ``(H) The Office of Intelligence and Analysis.
                    ``(I) The Directorate for National Protection and
                Programs.
    ``(b) Responsibilities.--Each privacy official designated under
subsection (a) shall report directly to both the head of the official's
component and the senior official appointed under section 222, and
shall have the following responsibilities with respect to the
component:
            ``(1) Serve as such senior official's main point of contact
        at the component to implement the polices and directives of
        such senior official in carrying out section 222.
            ``(2) Advise the head of that component on privacy
        considerations when any law, regulation, program, policy,
        procedure, or guideline is proposed, developed, or implemented.
            ``(3) Assure that the use of technologies by the component
        sustain or enhance privacy protections relating to the use,
        collection, and disclosure of personal information within the
        component.
            ``(4) Identify privacy issues related to component programs
        and apply appropriate privacy policies in accordance with
        Federal privacy law and Departmental policies developed to
        ensure that the component protects the privacy of individuals
        affected by its activities.
            ``(5) Monitor the component's compliance with all
        applicable Federal privacy laws and regulations, implement
        corrective, remedial, and preventive actions and notify the
        senior official appointed under section 222 of privacy issues
        or non-compliance, whenever necessary.
            ``(6) Ensure that personal information contained in Privacy
        Act systems of records is handled in full compliance with
        section 552a of title 5, United States Code.
            ``(7) Assist in drafting and reviewing privacy impact
        assessments, privacy threshold assessments, and system of
        records notices, in conjunction with and under the direction of
        the senior official appointed under section 222, for any new or
        substantially changed program or technology that collects,
        maintains, or disseminates personally identifiable information
        within the official's component.
            ``(8) Assist in drafting and reviewing privacy impact
        assessments, privacy threshold assessments, and system of
        records notices in conjunction with and under the direction of
        the senior official appointed under section 222, for proposed
        rulemakings and regulations within the component.
            ``(9) Conduct supervision of programs, regulations,
        policies, procedures, or guidelines to ensure the component's
        protection of privacy and, as necessary, promulgate guidelines
        and conduct oversight to ensure the protection of privacy.
            ``(10) Implement and monitor privacy training for component
        employees and contractors in coordination with the senior
        official appointed under section 222.
            ``(11) Provide the senior official appointed under section
        222 with written materials and information regarding the
        relevant activities of the component, including privacy
        violations and abuse, that are needed by the senior official to
        successfully prepare the reports the senior official submits to
        Congress and prepares on behalf of the Department.
            ``(12) Any other responsibilities assigned by the Secretary
        or the senior official appointed under section 222.
    ``(c) Role of Component Heads.--The head of a component identified
in subsection (a)(2) shall ensure that the privacy official designated
under subsection (a) for that component--
            ``(1) has the information, material, and resources
        necessary to fulfill the responsibilities of such official
        under this section;
            ``(2) is advised of proposed policy changes and the
        development of new programs, rules, regulations, procedures, or
        guidelines during the planning stage and is included in the
        decision-making process; and
            ``(3) is given access to material and personnel the privacy
        official deems necessary to carry out the official's
        responsibilities.
    ``(d) Limitation.--Nothing in this section shall be considered to
abrogate the role and responsibilities of the senior official appointed
under section 222.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item related to section 222
the following new item:

``Sec. 222A. Privacy officials.''.

            Passed the House of Representatives July 30, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Department of Homeland Security Component Privacy Officer Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to designate a full-time privacy official for each of the following Department of Homeland Security (DHS) components: (1) the Transportation Security Administration (TSA), (2) the Bureau of Citizenship and Immigration Services (CIS), (3) Customs and Border Protection (CBP), (4) Immigration and Customs Enforcement (ICE), (5) the Federal Emergency Management Agency (FEMA), (6) the Coast Guard, (7) the Directorate of Science and Technology, (8) the Office of Intelligence and Analysis. And (9) the Directorate for National Protection and Programs. Grants each component's privacy official primary responsibility for implementing the privacy policy for DHS established by DHS's privacy officer. Requires each designated privacy official to report directly to both the component head and DHS's privacy officer. Lists the responsibilities of each component privacy official, including: (1) serving as DHS's privacy officer's main point of contact at the component to implement that officer's policies and directives. (2) advising the component head on privacy considerations when any law, regulation, or guideline is proposed, developed, or implemented. (3) assuring that the use of technologies sustains or enhances privacy protections, (4) identifying privacy issues related to component programs. (5) monitoring the component's compliance with all applicable federal privacy laws and regulations. (6) assisting in drafting and reviewing privacy impact assessments, privacy threshold assessments, and system of records notices. (7) implementing and monitoring privacy training for component employees and contractors in coordination with DHS's privacy officer. And (8) providing DHS's privacy officer with written materials and information regarding the relevant activities of the component, including privacy violations and abuse, that are needed to successfully prepare reports for Congress and on behalf of DHS. Directs each component head to ensure that the component's privacy official: (1) has the information, resources, and access to material and personnel necessary to fulfill his or her responsibilities. (2) is advised of proposed policy changes and the development of new programs, regulations, procedures, or guidelines during the planning stages, and (3) is included in decision-making.

To amend the Homeland Security Act of 2002 to provide for a privacy official within each component of the Department of Homeland Security, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Iran Intelligence Oversight Act''.

SEC. 2. INTELLIGENCE ON IRAN.

    (a) Submittal to Congress of Updated National Intelligence Estimate
on Iran.--
            (1) Submittal required.--As soon as is practicable, but not
        later than 90 days after the date of the enactment of this Act,
        the Director of National Intelligence shall submit to Congress
        an updated National Intelligence Estimate on Iran.
            (2) Notice regarding submittal.--If the Director determines
        that the National Intelligence Estimate required by paragraph
        (1) cannot be submitted by the date specified in that
        paragraph, the Director shall submit to Congress a report
        setting forth--
                    (A) the reasons why the National Intelligence
                Estimate cannot be submitted by such date; and
                    (B) an estimated date for the submittal of the
                National Intelligence Estimate.
            (3) Form.--The National Intelligence Estimate under
        paragraph (1) shall be submitted in classified form. Consistent
        with the protection of intelligence sources and methods, an
        unclassified summary of the key judgments of the National
        Intelligence Estimate should be submitted.
            (4) Elements.--The National Intelligence Estimate submitted
        under paragraph (1) shall address the following:
                    (A) The foreign policy and regime objectives of
                Iran.
                    (B) The current status of the nuclear programs of
                Iran, including--
                            (i) an assessment of the current and
                        projected capabilities of Iran to design a
                        nuclear weapon, to produce plutonium, enriched
                        uranium, and other weapons materials, to build
                        a nuclear weapon, and to deploy a nuclear
                        weapon; and
                            (ii) an assessment of the intentions of
                        Iran regarding possible development of nuclear
                        weapons, the motivations underlying such
                        intentions, and the factors that might
                        influence changes in such intentions.
                    (C) The military and defense capabilities of Iran,
                including any non-nuclear weapons of mass destruction
                programs and related delivery systems.
                    (D) The relationship of Iran with terrorist
                organizations, the use by Iran of terrorist
                organizations in furtherance of its foreign policy
                objectives, and the factors that might cause Iran to
                reduce or end such relationships.
                    (E) The prospects for support from the
                international community for various potential courses
                of action with respect to Iran, including diplomacy,
                sanctions, and military action.
                    (F) The anticipated reaction of Iran to the courses
                of action set forth under subparagraph (E), including
                an identification of the course or courses of action
                most likely to successfully influence Iran in
                terminating or moderating its policies of concern.
                    (G) The level of popular and elite support within
                Iran for the Iran regime, and for its civil nuclear
                program, nuclear weapons ambitions, and other policies,
                and the prospects for reform and political change
                within Iran.
                    (H) The views among the populace and elites of Iran
                with respect to the United States, including views on
                direct discussions with or normalization of relations
                with the United States.
                    (I) The views among the populace and elites of Iran
                with respect to other key countries involved in nuclear
                diplomacy with Iran.
                    (J) The likely effects and consequences of any
                military action against the nuclear programs or other
                regime interests of Iran.
                    (K) The confidence level of key judgments in the
                National Intelligence Estimate, the quality of the
                sources of intelligence on Iran, the nature and scope
                of any gaps in intelligence on Iran, and any
                significant alternative views on the matters contained
                in the National Intelligence Estimate.
    (b) Presidential Report on Policy Objectives and United States
Strategy Regarding Iran.--
            (1) Report required.--As soon as is practicable, but not
        later than 90 days after the date of the enactment of this Act,
        the President shall submit to Congress a report on the
        following:
                    (A) The objectives of United States policy on Iran.
                    (B) The strategy for achieving such objectives.
            (2) Form.--The report under paragraph (1) shall be
        submitted in unclassified form with a classified annex, as
        appropriate.
            (3) Elements.--The report submitted under paragraph (1)
        shall--
                    (A) address the role of diplomacy, incentives,
                sanctions, other punitive measures and incentives, and
                other programs and activities relating to Iran for
                which funds are provided by Congress; and
                    (B) summarize United States contingency planning
                regarding the range of possible United States military
                actions in support of United States policy objectives
                with respect to Iran.
    (c) Director of National Intelligence Report on Process for Vetting
and Clearing Administration Officials' Statements Drawn From
Intelligence.--
            (1) Report required.--As soon as is practicable, but not
        later than 90 days after the date of the enactment of this Act,
        the Director of National Intelligence shall submit to Congress
        a report on the process for vetting and clearing statements of
        Administration officials that are drawn from or rely upon
        intelligence.
            (2) Elements.--The report shall--
                    (A) describe current policies and practices of the
                Office of the Director of National Intelligence and the
                intelligence community for--
                            (i) vetting and clearing statements of
                        senior Administration officials that are drawn
                        from or rely upon intelligence; and
                            (ii) how significant misstatements of
                        intelligence that may occur in public
                        statements of senior public officials are
                        identified, brought to the attention of any
                        such officials, and corrected;
                    (B) assess the sufficiency and adequacy of such
                policies and practices; and
                    (C) include any recommendations that the Director
                considers appropriate to improve such policies and
                practices.

Summary: Iran Intelligence Oversight Act - Requires the Director of National Intelligence, within 90 days after the enactment of this Act, to submit to Congress an updated National Intelligence Estimate on Iran. Directs, within the same time frame: (1) the President to report on the objectives of US policy on Iran, as well as the strategy for achieving such objectives. And (2) the Director to report on the process for vetting and clearing statements of Administration officials that are drawn from or rely upon intelligence.

A bill to ensure oversight of intelligence on Iran, and for other purposes.