SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strategic Gasoline and Fuel Reserve
Act of 2005''.

SEC. 2. STRATEGIC GASOLINE AND FUEL RESERVE.

    (a) In General.--Title I of the Energy Policy and Conservation Act
(42 U.S.C. 6201 et seq.) is amended--
            (1) by redesignating part E (42 U.S.C. 6251 et seq.) as
        part F;
            (2) by redesignating section 191 (42 U.S.C. 6251) as
        section 199; and
            (3) by inserting after part D (42 U.S.C. 6250 et seq.) the
        following:

             ``PART E--STRATEGIC GASOLINE AND FUEL RESERVE

``SEC. 191. DEFINITIONS.

    ``In this part:
            ``(1) Gasoline.--The term `gasoline' means regular unleaded
        gasoline.
            ``(2) Reserve.--The term `Reserve' means the Strategic
        Gasoline and Fuel Reserve established under section 192(a).

``SEC. 192. ESTABLISHMENT.

    ``(a) In General.--Notwithstanding any other provision of this Act,
the Secretary shall establish, maintain, and operate a Strategic
Gasoline and Fuel Reserve.
    ``(b) Not Component of Strategic Petroleum Reserve.--The Reserve is
not a component of the Strategic Petroleum Reserve established under
part B.
    ``(c) Capacity.--The Reserve shall contain not more than--
            ``(1) 40,000,000 barrels of gasoline; and
            ``(2) 7,500,000 barrels of jet fuel.
    ``(d) Reserve Sites.--
            ``(1) Siting.--Not later than 1 year after the date of
        enactment of this Act, the Secretary shall determine not less
        than 3 Reserve sites, and not more than 5 Reserve sites,
        throughout the United States that are regionally strategic.
            ``(2) Operation.--The Reserve sites described in paragraph
        (1) shall be operational not later than 2 years after the date
        of enactment of this Act.
    ``(e) Security.--In establishing the Reserve under this section,
the Secretary shall obtain the concurrence of the Secretary of Homeland
Security with respect to physical design security and operational
security.
    ``(f) Authority.--In carrying out this part, the Secretary may--
            ``(1) purchase, contract for, lease, or otherwise acquire,
        in whole or in part, storage and related facilities and storage
        services;
            ``(2) use, lease, maintain, sell, or otherwise dispose of
        storage and related facilities acquired under this part;
            ``(3) acquire by purchase, exchange, lease, or other means
        gasoline and fuel for storage in the Reserve;
            ``(4) store gasoline and fuel in facilities not owned by
        the United States; and
            ``(5) sell, exchange, or otherwise dispose of gasoline and
        fuel from the Reserve, including to maintain--
                    ``(A) the quality or quantity of the gasoline or
                fuel in the Reserve; or
                    ``(B) the operational capacity of the Reserve.
    ``(g) Fill Date.--
            ``(1) In general.--Except as provided in paragraph (2), the
        Secretary shall complete the process of filling the Reserve
        under this section by March 1, 2008.
            ``(2) Extensions.--The President may extend the deadline
        established under paragraph (1) if--
                    ``(A) the President determines that filling the
                Reserve within that deadline would cause an undue
                economic burden on the United States; and
                    ``(B) the President receives approval from
                Congress.

``SEC. 193. RELEASE OF GASOLINE AND FUEL.

    ``(a) In General.--The Secretary shall release gasoline or fuel
from the Reserve only if--
            ``(1) the President finds that there is a severe fuel
        supply disruption by finding that--
                    ``(A) a regional or national supply shortage of
                gasoline or fuel of significant scope and duration has
                occurred;
                    ``(B) a substantial increase in the price of
                gasoline or fuel has resulted from the shortage;
                    ``(C) the price increase is likely to cause a
                significant adverse impact on the national economy; and
                    ``(D) releasing gasoline or fuel from the Reserve
                would assist directly and significantly in reducing the
                adverse impact of the shortage; or
            ``(2)(A) the Governor of a State submits to the Secretary a
        written request for a release from the Reserve that contains a
        finding that--
                    ``(i) a regional or statewide supply shortage of
                gasoline or fuel of significant scope and duration has
                occurred;
                    ``(ii) a substantial increase in the price of
                gasoline or fuel has resulted from the shortage; and
                    ``(iii) the price increase is likely to cause a
                significant adverse impact on the economy of the State;
                and
            ``(B) the Secretary concurs with the findings of the
        Governor under subparagraph (A) and determines that--
                    ``(i) a release from the Reserve would mitigate
                gasoline or fuel price volatility in the State;
                    ``(ii) a release from the Reserve would not have an
                adverse effect on the long-term economic viability of
                retail gasoline or fuel markets in the State and
                adjacent States; and
                    ``(iii) a release from the Reserve would not
                suppress prices below long-term market trend levels.
    ``(b) Procedure.--
            ``(1) Response of secretary.--The Secretary shall respond
        to a request submitted under subsection (a)(2) not later than 5
        days after receipt of the request by--
                    ``(A) approving the request;
                    ``(B) denying the request; or
                    ``(C) requesting additional supporting information.
            ``(2) Release.--The Secretary shall establish procedures
        governing the release of gasoline or fuel from the Reserve in
        accordance with this subsection.
            ``(3) Requirements.--
                    ``(A) Eligible entity.--In this paragraph, the term
                `eligible entity' means an entity that is customarily
                engaged in the sale or distribution of gasoline or
                fuel.
                    ``(B) Sale or disposal from reserve.--The
                procedures established under this subsection shall
                provide that the Secretary may--
                            ``(i) sell gasoline or fuel from the
                        Reserve to an eligible entity through a
                        competitive process; or
                            ``(ii) enter into an exchange agreement
                        with an eligible entity under which the
                        Secretary receives a greater volume of gasoline
                        or fuel as repayment from the eligible entity
                        than the volume provided to the eligible
                        entity.
    ``(c) Continuing Evaluation.--The Secretary shall conduct a
continuing evaluation of the drawdown and sales procedures established
under this section.

``SEC. 194. REPORTS.

    ``(a) Gasoline and Fuel.--Not later than 45 days after the date of
enactment of this section, the Secretary shall submit to Congress and
the President a plan describing--
            ``(1) the acquisition of storage and related facilities or
        storage services for the Reserve, including the use of storage
        facilities not currently in use or not currently used to
        capacity;
            ``(2) the acquisition of gasoline and fuel for storage in
        the Reserve;
            ``(3) the anticipated methods of disposition of gasoline
        and fuel from the Reserve;
            ``(4) the estimated costs of establishment, maintenance,
        and operation of the Reserve;
            ``(5) efforts that the Department will take to minimize any
        potential need for future drawdowns from the Reserve; and
            ``(6) actions to ensure the quality of the gasoline and
        fuel in the Reserve are maintained.
    ``(b) Natural Gas and Diesel.--Not later than 90 days after the
date of enactment of this section, the Secretary shall submit to
Congress a report describing the feasibility of creating a natural gas
and diesel reserve similar to the Reserve under this part.

``SEC. 195. STRATEGIC GASOLINE AND FUEL RESERVE FUND.

    ``(a) Establishment.--There is established in the Treasury of the
United States a revolving fund, to be known as the `Strategic Gasoline
and Fuel Reserve Fund' (referred to in this section as the `Fund'),
consisting of--
            ``(1) such amounts as are appropriated to the Fund under
        subsection (b);
            ``(2) such amounts as are appropriated to the Fund under
        section 196; and
            ``(3) any interest earned on investment of amounts in the
        Fund under subsection (d).
    ``(b) Transfers to Fund.--There are appropriated to the Fund
amounts equivalent to amounts collected as receipts and received in the
Treasury from the sale, exchange, or other disposition of gasoline or
fuel from the Reserve.
    ``(c) Expenditures From Fund.--On request by the Secretary and
without the need for further appropriation, the Secretary of the
Treasury shall transfer from the Fund to the Secretary such amounts as
the Secretary determines are necessary to carry out activities under
this part, to remain available until expended.
    ``(d) Investment of Amounts.--
            ``(1) In general.--The Secretary of the Treasury shall
        invest such portion of the Fund as is not, in the judgment of
        the Secretary of the Treasury, required to meet current
        withdrawals.
            ``(2) Interest-bearing obligations.--Investments may be
        made only in interest-bearing obligations of the United States.
            ``(3) Acquisition of obligations.--For the purpose of
        investments under paragraph (1), obligations may be acquired--
                    ``(A) on original issue at the issue price; or
                    ``(B) by purchase of outstanding obligations at the
                market price.
            ``(4) Sale of obligations.--Any obligation acquired by the
        Fund may be sold by the Secretary of the Treasury at the market
        price.
            ``(5) Credits to fund.--The interest on, and the proceeds
        from the sale or redemption of, any obligations held in the
        Fund shall be credited to and form a part of the Fund.
    ``(e) Transfers of Amounts.--
            ``(1) In general.--The amounts required to be transferred
        to the Fund under this section shall be transferred at least
        monthly from the general fund of the Treasury to the Fund on
        the basis of estimates made by the Secretary of the Treasury.
            ``(2) Adjustments.--Proper adjustment shall be made in
        amounts subsequently transferred to the extent prior estimates
        were in excess of or less than the amounts required to be
        transferred.

``SEC. 196. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated such sums as are
necessary to carry out this part, to remain available until
expended.''.

SEC. 3. CONFORMING AMENDMENTS.

    The table of contents for title I of the Energy Policy and
Conservation Act (42 U.S.C. 6201 note) is amended by striking the
matter relating to part D and inserting the following:

              ``Part D--Northeast Home Heating Oil Reserve

        ``Sec. 181. Establishment.
        ``Sec. 182. Authority.
        ``Sec. 183. Conditions for release; plan.
        ``Sec. 184. Northeast home heating oil reserve account.
        ``Sec. 185. Exemptions.
        ``Sec. 186. Authorization of appropriations.
             ``Part E--Strategic Gasoline and Fuel Reserve

        ``Sec. 191. Definitions.
        ``Sec. 192. Establishment.
        ``Sec. 193. Release of gasoline and fuel.
        ``Sec. 194. Reports.
        ``Sec. 195. Strategic Gasoline and Fuel Reserve Fund.
        ``Sec. 196. Authorization of appropriations.
                          ``Part F--Expiration

        ``Sec. 199. Expiration.''.

Summary: Strategic Gasoline and Fuel Reserve Act of 2005 - Amends the Energy Policy and Conservation Act to direct the Secretary of Energy to establish, maintain, and operate a Strategic Gasoline and Fuel Reserve of gasoline and jet fuel. Instructs the Secretary to determine between three and five regionally strategic Reserve sites throughout the United States. Permits the Secretary to release gasoline or fuel from the Reserve only if: (1) the President finds that there is a severe fuel supply disruption. Or (2) the Governor of a state requests a release from the Reserve, accompanied by specified findings. Establishes in the Treasury a revolving Strategic Gasoline and Fuel Reserve Fund.

A bill to establish a Strategic Gasoline and Fuel Reserve.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pyramid Lake Paiute Tribe Fish
Springs Ranch Settlement Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agreement.--The term ``Agreement'' means the agreement
        entitled ``Fish Springs Ranch Water Rights Settlement
        Agreement'' and dated May 20, 2007 (including any amendments
        and exhibits to that agreement).
            (2) Environmental impact statement.--The term
        ``environmental impact statement'' means the final
        environmental impact statement for the North Valleys Rights-of-
        Way Projects prepared by the Bureau of Land Management (70 Fed.
        Reg. 68473).
            (3) Final payment date.--The term ``final payment date''
        means the date on which Fish Springs pays to the Tribe the
        final installment amount, as provided in the Agreement.
            (4) Fish springs.--The term ``Fish Springs'' means the Fish
        Springs Ranch, LLC, a Nevada limited liability company (or a
        successor in interest).
            (5) Project.--
                    (A) In general.--The term ``Project'' means the
                project for pumping and transfer by Fish Springs of not
                more than 8,000 acre-feet of groundwater per year, as
                described in the environmental impact statement and the
                record of decision.
                    (B) Inclusion.--The term ``Project'' includes the
                pumping and transfer of not more than 5,000 acre-feet
                of groundwater per year (in addition to the acre-feet
                referred to in subparagraph (A)) in accordance with the
                Agreement, including the acquisition by Fish Springs of
                the rights and approval to pump that groundwater in
                accordance with Federal and State law.
                    (C) Exclusions.--The term ``Project'' does not
                include--
                            (i) the project proposed by Intermountain
                        Water Supply, Ltd., and described in the
                        environmental impact statement; or
                            (ii) any other project or activity not
                        otherwise specified in this Act.
            (6) Record of decision.--The term ``record of decision''
        means the public record of the decision of the District Manager
        of the Bureau of Land Management for the State of Nevada issued
        on May 31, 2006, regarding the environmental impact statement
        and the Project.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (8) Tribe.--The term ``Tribe'' means the Pyramid Lake
        Paiute Tribe of Indians organized under section 16 of the Act
        of June 18, 1934 (commonly known as the ``Indian Reorganization
        Act'') (25 U.S.C. 476).

SEC. 3. RATIFICATION OF AGREEMENT.

    (a) In General.--Except as provided in subsection (c), and except
to the extent that a provision of the Agreement conflicts with this
Act, notwithstanding any other provision of Federal or tribal law, the
Agreement is ratified.
    (b) Execution of Agreement.--The Secretary shall execute the
obligations of the Secretary under the Agreement (including any exhibit
to the Agreement requiring the signature of the Secretary) in
accordance with this Act.
    (c) Exceptions.--
            (1) Choice of law.--Notwithstanding any provision of the
        Agreement, the Agreement and this Act shall be governed by
        applicable Federal law and Nevada State law.
            (2) Waiver and retention of claims.--Notwithstanding any
        provision of the Agreement, any waiver or retention of a claim
        by the Tribe or the United States on behalf of the Tribe
        relating to the Agreement shall be carried out in accordance
        with section 4.
    (d) Environmental Compliance.--
            (1) No major federal action.--The execution of the
        Agreement by the Secretary pursuant to this Act shall not be
        considered to be a major Federal action under the National
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (2) Compliance activities.--The Secretary shall carry out
        all required Federal environmental compliance activities in
        executing the Agreement.
    (e) Compliance With Applicable Law.--This section and the Agreement
shall be considered to be in accordance with all applicable
requirements of section 2116 of the Revised Statutes (25 U.S.C. 177).

SEC. 4. WAIVER AND RELEASES OF CLAIMS.

    (a) Release of Claims Against Fish Springs.--In executing the
Agreement pursuant to this Act, the Tribe and the Secretary, acting on
behalf of the Tribe, shall waive and release all claims against Fish
Springs--
            (1) for damage, loss, or injury to water rights or claims
        of interference with or diversion or taking of water rights
        (including claims for injury to land resulting from such a
        damage, loss, injury, interference, diversion, or taking under
        the Agreement) relating to the use of water by Fish Springs
        under the Agreement for the Project; or
            (2) relating in any manner to the negotiation or adoption
        of the Agreement.
    (b) Release of Claims Against United States.--In carrying out the
Agreement, the Tribe shall waive and release any claim of the Tribe
against the United States (including all employees and agents of the
United States) relating in any manner to--
            (1) damage, loss, or injury to water, water rights, land,
        or any other resource due to loss of water or water rights
        (including damage, loss, or injury to hunting, fishing,
        gathering, or cultural rights due to loss of water or water
        rights, claims relating to interference with or diversion or
        taking of water or water rights, and claims relating to a
        failure to protect, acquire, replace, or develop water, water
        rights, or water infrastructure) due to use of water by Fish
        Springs under the Agreement for the Project;
            (2) the record of decision, the environmental impact
        statement, or the Agreement; or
            (3) the negotiation, execution, or adoption of the
        Agreement or this Act, including--
                    (A) the use by the Tribe of funds paid to the Tribe
                under the Agreement; and
                    (B) the acquisition and use by the Tribe of land
                under the Agreement.
    (c) Effectiveness of Waivers and Releases.--
            (1) Claims against fish springs.--The waivers and releases
        under subsection (a) shall take effect on the final payment
        date.
            (2) Claims against united states.--A waiver or release
        under subsection (b) shall take effect on the date on which the
        Tribe executes the waiver or release.
    (d) Retention of Claims by United States and Tribe.--The Tribe and
the Secretary, acting on behalf of the Tribe, shall retain--
            (1) all claims for enforcement of the Agreement or this Act
        through such legal and equitable remedies as are available in
        the appropriate United States court;
            (2) subject to the right of Fish Springs to carry out the
        Project, the right to assert and protect any right of the Tribe
        to surface or groundwater or any other trust resource;
            (3) all rights to claim or acquire a water right in
        accordance with applicable law, and to use and protect any
        water right acquired after the date of enactment of this Act,
        that is not in conflict with the Agreement and this Act;
            (4) all claims relating to activities affecting the quality
        of water, including any claim of the Tribes under--
                    (A) the Comprehensive Environmental Response,
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601
                et seq.) (including claims for damages to natural
                resources);
                    (B) the Safe Drinking Water Act (42 U.S.C. 300f et
                seq.);
                    (C) the Federal Water Pollution Control Act (33
                U.S.C. 1251 et seq.); or
                    (D) a regulation implementing an Act referred to in
                subparagraphs (A) through (C); and
            (5) all rights, remedies, privileges, immunities, and
        authorities not specifically waived and released pursuant to
        this Act.

SEC. 5. SATISFACTION OF CLAIMS.

    The benefits provided to the Tribe under the Agreement and this Act
shall be considered to be full satisfaction of all claims of the Tribe
and the United States waived and released pursuant to section 4.

SEC. 6. BENEFICIARIES TO AGREEMENT.

    (a) Requirement.--The parties to the Agreement shall be the only
beneficiaries of the Agreement.
    (b) Prohibition.--Nothing in the Agreement or this Act provides to
any individual or entity third-party beneficiary status relating to the
Agreement.

SEC. 7. JURISDICTION.

    A civil action relating to the enforcement of the Agreement shall
be filed in the United States District Court for the District of
Nevada.

SEC. 8. MISCELLANEOUS PROVISIONS.

    (a) Truckee-Carson-Pyramid Lake Water Rights Settlement Act.--
Nothing in this Act affects any right or interest recognized or
established in the Truckee-Carson-Pyramid Lake Water Rights Settlement
Act (Public Law 101-618; 104 Stat. 3294).
    (b) No Establishment of Standard.--Nothing in this Act establishes
a standard for the quantification of a Federal reserved water right or
any other claim of an Indian tribe other than the Tribe in any other
judicial or administrative proceeding.
    (c) Other Claims.--Nothing in the Agreement or this Act quantifies
or otherwise adversely affects any water right, claim or entitlement to
water, or any other right of any Indian tribe, band, or community other
than the Tribe.

SEC. 9. NULLIFICATION DATE.

    If the Tribe fails to execute any waiver or release described in
section 4(b) by the date that is 90 days after the date of enactment of
this Act, the Agreement shall be null and void.

Summary: Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Act - Ratifies the Fish Springs Ranch Water Rights Settlement Agreement dated May 20, 2007. Sets forth provisions governing the waiver and retention of claims by the Pyramid Lake Paiute Tribe of Indians and the Secretary of the Interior.

A bill to ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judicial Amendments Act of 1994''.

SEC. 2. AMENDMENTS TO THE JUDICIARY AUTOMATION FUND.

    Section 612 of title 28, United States Code, is amended--
        (1) in subsection (a)--
            (A) in the second sentence by inserting after ``equipment
        for'' the following: ``program activities included in the
        courts of appeals, district courts, and other judicial services
        account of''; and
            (B) in the third sentence by striking out all after
        ``personal services'' and inserting in lieu thereof ``, support
        personnel in the courts and in the Administrative Office of the
        United States Courts, and other costs, for the effective
        management, coordination, operation, and use of automatic data
        processing equipment purchased by the Fund. In addition, all
        agencies of the judiciary may make deposits into the Fund to
        meet their automatic data processing needs in accordance with
        subsections (b) and (c)(2).'';
        (2) in subsection (b)(1) by striking out ``judicial branch''
    and inserting in lieu thereof ``activities funded under subsection
    (a) and shall include an annual estimate of any fees that may be
    collected under section 404 of the Judiciary Appropriations Act,
    1991 (Public Law 101-515; 104 Stat. 2133)'';
        (3) in subsection (b)(2) by striking out ``judicial branch of
    the United States'' and inserting in lieu thereof ``activities
    funded under subsection (a)'';
        (4) in subsection (c)(1)(A), by inserting after ``surplus
    property'' the following: ``, all fees collected after the date of
    the enactment of the Judicial Amendments Act of 1994 by the
    judiciary under section 404 of the Judiciary Appropriations Act,
    1991 (Public Law 101-515; 104 Stat. 2133)'';
        (5) in subsection (e)(1)--
            (A) by striking out ``(A)''; and
            (B) by striking out ``$75,000,000'' and inserting in lieu
        thereof ``amounts estimated to be collected under subsection
        (c) for that fiscal year'';
        (6) in subsection (h) by amending the subsection to read as
    follows:
    ``(h) Annual Report.--
        ``(1) In general.--The Director shall submit to the Congress an
    annual report on the operation of the Fund, including on the
    inventory, use, and acquisition of automatic data processing
    equipment from the Fund and the consistency of such acquisition
    with the plan prepared under subsection (b). The report shall set
    forth the amounts deposited into the Fund under subsection (c).
        ``(2) Additional contents of report.--The annual report
    submitted under this subsection shall include--
            ``(A) the specific actions taken and the progress made to
        improve the plan developed under subsection (b) and the long
        range automation plan and strategic business plan developed
        under subsection (k); and
            ``(B) a comparison of planned Fund expenditures and
        accomplishments with actual Fund expenditures and
        accomplishments, and the reasons for any delays in scheduled
        systems development, or budget overruns.
        ``(3) Report in year of termination of authority.--The annual
    report submitted under this subsection for any year in which the
    authority for this section is to terminate under subsection (m),
    shall be submitted no later than 9 months before the date of such
    termination.'';
        (7) in subsection (i) by striking out all after ``Judicial
    Conference of the United States,'' and inserting in lieu thereof
    ``may transfer amounts up to $1,000,000 from the Fund into the
    account to which the funds were originally appropriated. Any
    amounts transferred from the Fund in excess of $1,000,000 in any
    fiscal year may only be transferred by following reprogramming
    procedures in compliance with section 606 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2227).'';
        (8) in subsection (j) in the second sentence by inserting ``in
    statute'' after ``not specified'';
        (9) by redesignating subsections (k) and (l) as subsections (l)
    and (m), respectively, and by inserting after subsection (j) the
    following new subsection:
    ``(k) Long Range Management and Business Plans.--The Director of
the Administrative Office of the United States Court shall--
        ``(1) develop an overall strategic business plan which would
    identify the judiciary's missions, goals, and objectives;
        ``(2) develop a long range automation plan based on the
    strategic business plan and user needs assessments;
        ``(3) establish effective Administrative Office oversight of
    court automation efforts to ensure the effective operation of
    existing systems and control over developments of future systems;
        ``(4) expedite efforts to complete the development and
    implementation of life cycle management standards;
        ``(5) utilize the standards in developing the next generation
    of case management and financial systems; and
        ``(6) assess the current utilization and future user
    requirements of the data communications network.''; and
        (10) in subsection (m) (as redesignated under paragraph (9)) of
    this section--
            (A) in the first sentence by striking out ``1994'', and
        inserting in lieu thereof, ``1997''; and
            (B) in the second sentence by striking out ```Judicial
        Services Account''' and inserting in lieu thereof ``fund
        established under section 1931 of this title''.

SEC. 3. COURT ARBITRATION AUTHORIZATION.

    (a) Authorization of Appropriations.--Section 905 of the Judicial
Improvements and Access to Justice Act (28 U.S.C. 651 note) is
amended--
        (1) in the first sentence by striking out ``for the fiscal year
    ending September 30, 1989, and for each of the succeeding 7 fiscal
    years,'' and inserting in lieu thereof ``for each of the fiscal
    years 1994 through 1997''; and
        (2) in the third sentence by striking out all beginning with
    ``, except that'' through ``this Act''.
    (b) Removal of Repealer.--Section 906 of the Judicial Improvements
and Access to Justice Act (28 U.S.C. 651 note), and the item relating
to such section in the table of contents contained in section 3 of such
Act, are repealed.
SEC. 4. EXTENSION OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PILOT
PROGRAMS.
    Section 105 of the Civil Justice Reform Act of 1990 (28 U.S.C. 471
note; 104 Stat. 5097) is amended--
        (1) in subsection (a)(1) by striking out ``4-year period'' and
    inserting in lieu thereof ``5-year period'';
        (2) in subsection (b)(3)--
            (A) in the first sentence by striking out ``3 years'' and
        inserting in lieu thereof ``4 years''; and
            (B) in the second sentence by striking out ``3-year
        period'' and inserting in lieu thereof ``4-year period''; and
        (3) in subsection (c)(1) by striking out ``December 31, 1995,''
    and inserting in lieu thereof ``December 31, 1996,''.

                               Speaker of the House of Representatives.

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

Summary: Judicial Amendments Act of 1994 - Amends the Federal judicial code to make moneys in the Judiciary Automation Fund available to the Director of the Administrative Office of the United States Courts for: (1) the procurement of automatic data processing equipment (equipment) for program activities included in the courts of appeals, district courts, and other judicial services account of the judicial branch. And (2) support personnel in the courts and in the Administrative Office. Authorizes all agencies of the judiciary to make deposits into the Fund. Requires the Director to develop and annually revise a long range plan for meeting the equipment needs of the activities funded, including an annual estimate of certain fees that may be collected under the Judiciary Appropriations Act, 1991. Provides for the deposit into the Fund of such fees. Requires the Director's annual report to the Congress on the operation of the Fund to include: (1) the specific actions taken and progress made to improve the plan developed, the long range automation plan, and the strategic business plan. And (2) a comparison of planned and actual Fund expenditures and accomplishments and reasons for any delays in scheduled systems development or budget overruns. Authorizes the Director to transfer amounts up to $1 million from the Fund into the account to which the Funds were originally appropriated, with amounts in excess of that sum in any fiscal year permitted to be transferred only by following specified reprogramming procedures. Requires the Director to: (1) develop an overall strategic business plan which would identify the judiciary's missions, goals, and objectives, and a long range automation plan based on the strategic business plan and user needs assessments, (2) establish effective Administrative Office oversight of court automation efforts. (3) expedited efforts to complete the development and implementation of life cycle management standards. (4) utilize the standards in developing the next generation of case management and financial systems. And (5) assess the current utilization and future user requirements of the data communications network. Amends: (1) the Judicial Improvements and Access to Justice Act to authorize appropriations for court arbitration. And (2) the Civil Justice Reform Act of 1990 to extend civil justice expense and delay reduction pilot programs.

Judicial Amendments Act of 1994


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Finance Act of 1995''.

SEC. 2. PURPOSE.

    The purpose of this Act is to require--
            (1)(A) the Administrator of the Environmental Protection
        Agency to establish an Environmental Financial Advisory Board
        to provide expert advice and recommendations to Congress and
        the Administrator on issues, trends, options, innovations, and
        tax matters affecting the cost and financing of environmental
        protection by State and local governments; and
            (B) the Board to study methods to--
                    (i) lower costs of environmental infrastructure and
                services;
                    (ii) increase investment in public and private
                environmental infrastructure; and
                    (iii) build State and local capacity to plan and
                pay for environmental infrastructure and services; and
            (2)(A) the Administrator to establish and support
        Environmental Finance Centers in institutions of higher
        education;
            (B) the Centers to carry out activities to improve the
        capability of State and local governments to manage
        environmental programs; and
            (C) the Administrator to provide Federal funding to the
        Centers, with a goal that the Centers will eventually become
        financially self-sufficient.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Board.--The term ``Board'' means the Environmental
        Financial Advisory Board established under section 4.
            (3) Center.--The term ``Center'' means an Environmental
        Finance Center established under section 5.

SEC. 4. ENVIRONMENTAL FINANCIAL ADVISORY BOARD.

    (a) In General.--The Administrator shall establish an Environmental
Financial Advisory Board to provide expert advice on issues affecting
the costs and financing of environmental activities at the Federal,
State, and local levels. The Board shall report to the Administrator,
and shall make the services and expertise of the Board available to
Congress.
    (b) Membership.--
            (1) In general.--The Board shall consist of 35 members
        appointed by the Administrator.
            (2) Terms.--A member of the Board shall serve for a term of
        2 years, except that 20 of the members initially appointed to
        the Board shall serve for a term of 1 year.
            (3) Qualifications.--The members of the Board shall be
        individuals with expertise in financial matters and shall be
        chosen from among elected officials and representatives of
        national trade and environmental organizations, the financial,
        banking, and legal communities, business and industry, and
        academia.
            (4) Chairperson and vice chairperson.--The members of the
        Board shall elect a Chairperson and Vice Chairperson, who shall
        each serve a term of 2 years.
    (c) Duties.--After establishing appropriate rules and procedures
for the operations of the Board, the Board shall--
            (1) work with the Science Advisory Board, established by
        section 8 of the Environmental Research, Development, and
        Demonstration Act of 1978 (42 U.S.C. 4365), to identify and
        develop methods to integrate risk and finance considerations
        into environmental decisionmaking;
            (2) identify and examine strategies to enhance
        environmental protection in urban areas, reduce
        disproportionate risks facing urban communities, and promote
        economic revitalization and environmentally sustainable
        development;
            (3) develop and recommend initiatives to expand
        opportunities for the export of United States financial
        services and environmental technologies;
            (4) develop alternative financing mechanisms to assist
        State and local governments in paying for environmental
        programs;
            (5) develop alternative financing mechanisms and strategies
        to meet the unique needs of small and economically
        disadvantaged communities; and
            (6) undertake such other activities as the Board determines
        will further the purpose of this Act.
    (d) Recommendations.--The Board may recommend to Congress and the
Administrator legislative and policy initiatives to make financing for
environmental protection more available and less costly.
    (e) Open Meetings.--The Board shall hold open meetings and seek
input from the public and other interested parties in accordance with
the Federal Advisory Committee Act (5 U.S.C. App.) and shall otherwise
be subject to the Act.
    (f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 1996 through 2000.

SEC. 5. ENVIRONMENTAL FINANCE CENTERS.

    (a) In General.--The Administrator shall establish and support an
Environmental Finance Center in an institution of higher education in
each of the regions of the Environmental Protection Agency.
    (b) Duties and Powers.--A Center shall coordinate the activities of
the Center with the Board and may--
            (1) provide on-site and off-site training of State and
        local officials;
            (2) publish newsletters, course materials, proceedings, and
        other publications relating to financing of environmental
        infrastructure;
            (3) initiate and conduct conferences, seminars, and
        advisory panels on specific financial issues relating to
        environmental programs and projects;
            (4) establish electronic database and contact services to
        disseminate information to public entities on financing
        alternatives for State and local environmental programs;
            (5) generate case studies and special reports;
            (6) develop inventories and surveys of financial issues and
        needs of State and local governments;
            (7) identify financial programs, initiatives, and
        alternative financing mechanisms for training purposes;
            (8) hold public meetings on finance issues; and
            (9) collaborate with another Center on projects and
        exchange information.
    (c) Grants.--The Administrator may make grants to institutions of
higher education to carry out this section.
    (d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,500,000 for each of fiscal
years 1996 through 2000.

Summary: Environmental Finance Act of 1995 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish: (1) an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local levels. And (2) Environmental Finance Centers in institutions of higher education in each of the regions of the EPA. Authorizes the Centers to: (1) provide training of State and local officials, (2) publish materials relating to financing of environmental infrastructure. (3) conduct conferences and advisory panels on specific environmental finance issues, (4) establish information services, (5) generate case studies and reports. (6) develop surveys of financial issues and needs of State and local governments. (7) identify financial programs and alternative financing mechanisms for training purposes, (8) hold public meetings. And (9) collaborate and exchange information. Permits the Administrator to make grants to institutions of higher education to carry out the Center program. Authorizes appropriations.

Environmental Finance Act of 1995


SECTION 1. SCIENCE AND TECHNOLOGY.

    The Homeland Security Act of 2002 (Public Law 107-296) is amended--
            (1) in section 308, by striking subsections (a) through
        (c)(1) and inserting in lieu thereof the following:
    ``(a) In General.--The Secretary, acting through the Under
Secretary for Science and Technology, shall carry out the
responsibilities under section 302(4) through both extramural and
intramural programs.
    ``(b) Extramural Programs.--
            ``(1) In general.--The Secretary, acting through the Under
        Secretary for Science and Technology, shall operate extramural
        research, development, demonstration, testing, and evaluation
        programs so as to--
                    ``(A) ensure that colleges, universities, private
                research institutes, and companies (and consortia
                thereof) from as many areas of the United States as
                practicable participate;
                    ``(B) ensure that the research funded is of high
                quality, as determined through merit review processes
                developed under section 302(14); and
                    ``(C) distribute funds through grants, cooperative
                agreements, and contracts.
            ``(2) University-based centers for homeland security.--
                    ``(A) Designation.--The Secretary, acting through
                the Under Secretary for Science and Technology, shall
                designate a university-based center or several
                university-based centers for homeland security. The
                purpose of the center or these centers shall be to
                establish a coordinated, university-based system to
                enhance the Nation's homeland security.
                    ``(B) Criteria for designation.--Criteria for the
                designation of colleges or universities as a center for
                homeland security, shall include, but are not limited
                to, demonstrated expertise in the following:
                            ``(i) The training of first responders.
                            ``(ii) Responding to incidents involving
                        weapons of mass destruction and biological
                        warfare.
                            ``(iii) Emergency and diagnostic medical
                        services.
                            ``(iv) Chemical, biological, radiological,
                        and nuclear countermeasures or detection.
                            ``(v) Animal and plant health and
                        diagnostics.
                            ``(vi) Food safety.
                            ``(vii) Water and wastewater operations.
                            ``(viii) Port and waterway security.
                            ``(ix) Multi-modal transportation.
                            ``(x) Information security and information
                        engineering.
                            ``(xi) Engineering.
                            ``(xii) Educational outreach and technical
                        assistance.
                            ``(xiii) Border transportation and
                        security.
                            ``(xiv) The public policy implications and
                        public dissemination of homeland security
                        related research and development.
                    ``(C) Discretion of secretary.--With respect to the
                designation of any given university-based center for
                homeland security, the Secretary may except certain
                criteria as specified in section 308(b)(2)(B) to the
                extent they are unnecessary to further homeland
                security interests for the purpose of that designation,
                and consider additional criteria beyond those specified
                in section 308(b)(2)(B) if necessary to meet the needs
                of homeland security. Upon designation of a university-
                based center for homeland security, the Secretary shall
                that day publish in the Federal Register the criteria
                that were excepted or added in the selection
process and the justification for the set of criteria that were used
for that designation.
                    ``(D) Report to congress.--The Secretary shall
                report annually, from the date of enactment, to
                Congress concerning the implementation of this section.
                That report shall indicate which center or centers have
                been designated and how the designation or designations
                enhance homeland security, as well as report any
                decisions to revoke or modify such designations.
                    ``(E) Authorization of appropriations.--There are
                authorized to be appropriated such sums as may be
                necessary to carry out this paragraph.
    ``(c) Intramural Programs.--
            ``(1) Consultation.--In carrying out the duties under
        section 302, the Secretary, acting through the Under Secretary
        for Science and Technology, may draw upon the expertise of any
        laboratory of the Federal Government, whether operated by a
        contractor or the Government.''; and
            (2) in subsection 835(d) by striking all after the word
        ``security'' and inserting in lieu thereof a period.

SEC. 2. NON-PREJUDICIAL REPEAL OF SECTIONS 1714 THROUGH 1717 OF THE
              HOMELAND SECURITY ACT OF 2002.

    (a) Repeal.--In accordance with subsection (c), sections 1714
through 1717 of the Homeland Security Act of 2002 (Public Law 107-296)
are repealed.
    (b) Application of the Public Health Service Act.--The Public
Health Service Act (42 U.S.C. 201 et seq.) shall be applied and
administered as if the sections repealed by subsection (a) had never
been enacted.
    (c) Rule of Construction.--No inference shall be drawn from the
enactment of sections 1714 through 1717 of the Homeland Security Act of
2002 (Public Law 107-296), or from this repeal, regarding the law prior
to enactment of sections 1714 through 1717 of the Homeland Security Act
of 2002 (Public Law 107-296). Further, no inference shall be drawn that
subsection (a) or (b) effects any change in that prior law, or that
Leroy v. Secretary of Health and Human Services, Office of Special
Master, No. 02-392V (October 11, 2002), was incorrectly decided.
    (d) Sense of the House of Representatives.--It is the sense of the
House of Representatives that--
            (1) the Nation's ability to produce and develop new and
        effective vaccines faces significant challenges, and important
        steps are needed to revitalize our immunization efforts in
        order to ensure an adequate supply of vaccines and to encourage
        the development of new vaccines;
            (2) these steps include ensuring that patients who have
        suffered vaccine-related injuries have the opportunity to seek
        fair and timely redress, and that vaccine manufacturers,
        manufacturers of components or ingredients of vaccines, and
        physicians and other administrators of vaccines have adequate
        protections;
            (3) prompt action is particularly critical given that
        vaccines are a front line of defense against common childhood
        and adult diseases, as well as against current and future
        biological threats; and
            (4) not later than 6 months after the date of the enactment
        of this Act, the Committee on Energy and Commerce should report
        a bill addressing the issues described in paragraphs (1)
        through (3).

SEC. 3. WAIVERS RELATING TO CONTRACTS WITH CORPORATE EXPATRIATES.

    Section 835 of the Homeland Security Act of 2002 (Public Law 107-
296) is amended by striking subsection (d) and inserting the following:
    ``(d) Waivers.--The Secretary shall waive subsection (a) with
respect to any specific contract if the Secretary determines that the
waiver is required in the interest of homeland security.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect as though enacted
as part of the Homeland Security Act of 2002 (Public Law 107-296).

Summary: Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security, acting through the Under Secretary for Science and Technology, to designate one or more university-based centers for homeland security. Includes diagnostic medical services and information engineering as criteria for such designation. Authorizes the Secretary to except certain criteria and to consider additional criteria with respect to such designation in order to further homeland security interests. Repeals provisions of the Act which amend the Public Health Service Act to revise definitions of vaccine, vaccine manufacturer, and vaccine-related injury or death. Expresses the sense of the House of Representatives that the Committee on Energy and Commerce should report a bill addressing: (1) revitalizing immunization efforts by ensuring an adequate supply of vaccines and encouraging the development of new vaccines. And (2) ensuring that patients who have suffered vaccine-related injuries have an opportunity for fair redress and that vaccine manufacturers, physicians, and other administrators have adequate protections. Removes the authority of the Secretary to waive a prohibition on contracts with corporate expatriates when the Secretary determines that the waiver will prevent either the loss of jobs in the United States or costs that the Government otherwise would not occur.

To make certain amendments to the Homeland Security Act of 2002.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Travelers Fair Treatment Act of
2001''.

SEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS.

    Section 41712 of title 49, United States Code, is amended by adding
at the end the following:
    ``(c) Specific Practices.--For purposes of subsection (a), the term
`unfair or deceptive practice' includes each of the following:
            ``(1) Flight delays.--The failure of an air carrier or
        foreign air carrier to provide a passenger of the carrier with
        an accurate explanation of the reasons for a flight delay,
        cancellation, or diversion from a ticketed itinerary.
            ``(2) Termination of ticket agents.--In the case of a
        termination, cancellation, nonrenewal, or substantial change in
        the competitive circumstances of the appointment of a ticket
        agent by an air carrier or foreign air carrier, the failure of
        the air carrier or foreign air carrier--
                    ``(A) to provide the ticket agent with written
                notice, and a full statement of reasons for the action,
                on or before the 90th day preceding the action; and
                    ``(B) to provide the ticket agent with at least 60
                days to correct any deficiency claimed in the written
                notice,
        except in cases of insolvency, an assignment for the benefit of
        creditors, bankruptcy, or nonpayment of sums due under the
        appointment.''.

SEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS.

    Section 41713(b)(1) of title 49, United States Code, is amended by
striking ``related to a price, route, or service of an air carrier that
may provide air transportation under this subpart'' and inserting
``that directly prescribes a price, route, or level of service for air
transportation provided by an air carrier under this subpart''.

SEC. 4. EMERGENCY MEDICAL ASSISTANCE; RIGHT OF EGRESS.

    (a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41722. Airline passenger rights
    ``(a) Right to In-Flight Emergency Medical Care.--
            ``(1) In general.--The Secretary of Transportation shall
        prescribe regulations to establish minimum standards for
        resuscitation, emergency medical, and first-aid equipment and
        supplies to be carried on board an aircraft operated by an air
        carrier in air transportation that is capable of carrying at
        least 30 passengers.
            ``(2) Considerations.--In prescribing regulations under
        paragraph (1), the Secretary shall consider--
                    ``(A) the weight and size of the equipment
                described in paragraph (1);
                    ``(B) the need for special training of air carrier
                personnel to operate the equipment safely and
                effectively;
                    ``(C) the space limitations of each type of
                aircraft;
                    ``(D) the effect of the regulations on aircraft
                operations;
                    ``(E) the practical experience of airlines in
                carrying and operating similar equipment; and
                    ``(F) other relevant factors.
            ``(3) Consultation.--Before prescribing regulations under
        paragraph (1), the Secretary shall consult with the Surgeon
        General of the Public Health Service.
    ``(b) Right To Exit Aircraft.--No air carrier or foreign air
carrier operating an aircraft in air transportation shall prevent or
hinder (including by failing to assist) any passenger from exiting the
aircraft (under the same circumstances as any member of the flight crew
is permitted to exit the aircraft) if--
            ``(1) the aircraft is parked at an airport terminal gate
        with access to ramp or other facilities through which
        passengers are customarily boarded and deplaned;
            ``(2) the aircraft has remained at the gate more than 1
        hour past its scheduled departure time; and
            ``(3) the captain of the aircraft has not been informed by
        air traffic control authorities that the aircraft can be
        cleared for departure within 15 minutes.''.
    (b) Conforming Amendment.--The analysis for chapter 417 of title
49, United States Code, is amended by adding at the end the following:

``41722. Airline passenger rights.''.

SEC. 5. CONSUMER ACCESS TO INFORMATION.

    (a) Requirement for Program.--
            (1) In general.--Chapter 447 of title 49, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 44727. Air traveler safety program
    ``(a) In General.--
            ``(1) Written information.--The Secretary of Transportation
        (in this section referred to as the `Secretary') shall require
        in regulations, for a period determined by the Secretary, that
        each air carrier that provides interstate air transportation or
        foreign air transportation to provide written information upon
        request, to passengers that purchase passage for interstate or
        foreign air transportation concerning the following:
                    ``(A) Safety inspection reviews conducted by the
                Administrator of the Federal Aviation Administration
                (in this section referred to as the `Administrator') on
                the aircraft of that air carrier.
                    ``(B) The safety ranking of that air carrier, as
                determined by the Administrator in accordance with
                applicable law.
                    ``(C) The compliance of the members of the crew of
                the aircraft with any applicable certification
                requirements under this subtitle.
            ``(2) Guidelines.--The regulations issued by the Secretary
        under this subsection shall provide guidelines for air carriers
        relating to the provision of the information referred to in
        paragraph (1).
            ``(3) Request for information.--An air carrier shall be
        required to provide to a passenger, on request, any information
        concerning the safety of aircraft and the competency of persons
        issued a certificate under this subtitle for the operation of
        the aircraft that the Secretary, to the extent allowable by
        law, determines to be appropriate.
    ``(b) Submission of Performance Review.--
            ``(1) In general.--Not later than December 31 of each year,
        the Secretary shall submit a report to Congress regarding the
        safety of air carriers that provide interstate or foreign air
        transportation. The report shall include with respect to the
        year in which the report is filed--
                    ``(A) the number of accidents and a description of
                such accidents of air carriers attributable to each air
                carrier that provides interstate or foreign air
                transportation; and
                    ``(B) the names of makers of aircraft that have
                been involved in an accident.
            ``(2) Availability of information.--The Secretary shall
        make the annual report under paragraph (1) available to any
        person or entity upon request.
    ``(c) Victims' Rights Program.--
            ``(1) In general.--The National Transportation Safety Board
        shall establish and administer a program for victims and
        survivors of aircraft accidents in air commerce. Under that
        program, the National Transportation Safety Board shall ensure
        that such victims and survivors of an accident receive, to the
        extent allowable by law, immediate and unrestricted access to
        information on the accident that is made available from--
                    ``(A) the air carrier involved in an accident in
                air commerce;
                    ``(B) the Federal Government; and
                    ``(C) State governments and political subdivisions
                thereof.
            ``(2) Classified information.--Nothing in paragraph (1) may
        be construed to authorize a release of information that is
        specifically authorized under criteria established by an
        Executive order to be kept secret in the interest of national
        defense or foreign policy.
    ``(d) Coordination of Victim Assistance.--
            ``(1) In general.--The National Transportation Safety
        Board, in cooperation with officials of appropriate Federal
        agencies and the American Red Cross, shall establish a program
        to ensure the coordination of the disclosure of information
        under subsection (c) and assistance provided to victims of an
        accident in air commerce.
            ``(2) Establishment of toll-free telephone line.--
                    ``(A) In general.--The National Transportation
                Safety Board, in cooperation with officials of the
                appropriate Federal agencies and the American Red
                Cross, shall establish a toll-free telephone line to
                facilitate the provision of information under paragraph
                (3).
                    ``(B) Action by the national transportation safety
                board.--The National Transportation Safety Board shall
                take such action as may be necessary to ensure--
                            ``(i) the publication of the telephone
                        number of the telephone line established under
                        subparagraph (A) in newspapers of general
                        circulation; and
                            ``(ii) the provision of such number on
                        national television news programs.
            ``(3) Information provided by telephone line.--The
        telephone line established under paragraph (2) shall provide
        the following information concerning an accident in air
        commerce:
                    ``(A) The identifier name and number of the
                aircraft involved in the accident.
                    ``(B) The names of known victims of the accident.
                    ``(C) The status of the investigation of the
                accident.
                    ``(D) A list of appropriate Federal agencies and
                contacts.
                    ``(E) The facilities at which victims of the
                accident may be identified.
    ``(e) Civil Penalties.--
            ``(1) In general.--Any air carrier that fails to provide
        information in accordance with this section shall be liable for
        a civil penalty in an amount not to exceed $100,000 per
        violation.
            ``(2) Travel agencies and other persons not covered.--
        Paragraph (1) shall not apply to a travel agency or other
        person that does not provide interstate or foreign air
        transportation.
    ``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
            (2) Conforming amendment.--The analysis for chapter 447 of
        title 49, United States Code, is amended by adding at the end
        the following new item:

``44727. Air traveler safety program.''.
    (b) Time for Regulations.--The Secretary of Transportation shall
issue the regulations required by subsection (a) of section 44727 of
title 49, United States Code (as added by subsection (a)), not later
than 90 days after the date of enactment of this Act.
    (c) Submittal of First Annual Report.--The Secretary of
Transportation shall submit the first annual report to Congress under
subsection (b) of such section 44727 not later than December 31, 2001.

Summary: Air Travelers Fair Treatment Act of 2001 - Amends Federal transportation law to make it an unfair or deceptive practice for an air carrier or foreign air carrier to fail to provide a passenger with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary. Makes it an unfair or deceptive practice for an air carrier or foreign air carrier, in the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of the appointment of a ticket agent by an air carrier or foreign air carrier, to fail: (1) to provide the ticket agent with written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action. And (2) to provide the ticket agent with at least 60 days to correct any deficiency claimed. Exempts from this rule cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment. Directs the Secretary of Transportation to prescribe regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft capable of carrying at least 30 passengers. Prohibits air carriers or foreign air carriers from preventing, hindering, or failing to assist any passenger from exiting an aircraft if: (1) the aircraft is parked over an hour past its scheduled departure time at an airport terminal gate with access to ramp or other boarding and deplaning facilities. And (2) the aircraft captain has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes. Directs the Secretary to require by regulations each air carrier or foreign air carrier to provide, upon request, to their passengers any information concerning the safety of the aircraft and the competency of the aircraft crew. Directs the National Transportation Safety Board to establish and administer a program for victims and survivors of aircraft accidents in which they receive immediate and unrestricted access to information with regard to such accidents. Establishes a toll-free telephone line for the public to provide specified information concerning an aircraft accident. Sets forth civil penalties for violations of this Act.

A bill to establish a national policy of basic consumer fair treatment for airline passengers, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Republican Form of Government
Guarantee Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) section 4 of article IV of the Constitution provides
        that the United States shall guarantee a republican form of
        government to the States;
            (2) organized criminal actions are an increasing threat to
        the republican form of government in some States;
            (3) people who are responsible for upholding the laws of
        the United States and the several States, and people who assist
        them, have been threatened, harassed, and assaulted because of
        these activities;
            (4) this violence is having a chilling effect on the
        democratic process because Americans are afraid to participate
        in town hall meetings, express their views publicly, or take
        part in the political process;
            (5) most victims are targeted solely because of their views
        or activism on controversial political issues such as gun
        control, abortion, environmental matters, or the role of
        government in society;
            (6) this violence is causing a breakdown of law and order
        in many parts of the United States;
            (7) this violence has increased in part because of
        unfounded exaggerations about the impact of recent firearms
        laws such as the Brady Law and the ban on assault weapons, as
        well as baseless conspiracy theories regarding the government;
        and
            (8) the climate of violence created by these criminals
        threatens to undermine republican government in some States.

SEC. 3. PROTECTION AGAINST ASSAULT.

    Section 111(a) of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting ``who is an officer or
        employee of any State or local government, is assisting such an
        officer or employee in the performance of official duty, or
        is'' after ``any person''; and
            (2) in paragraph (2), by striking ``designated in section
        1114'' and inserting ``described in paragraph (1)''.

SEC. 4. INCREASED PENALTIES.

    (a) Assault.--Section 111 of title 18, United States Code, is
amended--
            (1) in subsection (a), by striking ``shall, where'' and all
        that follows through the end of the subsection and inserting
        ``shall be punished as is provided in subsection (b)''; and
            (2) so that subsection (b) reads as follows:
    ``(b) Penalties.--Whoever is convicted of an offense under this
section shall be fined under this title and imprisoned not less than 2
nor more than 3 years, except that--
            ``(1) in the case of a second or subsequent offense the
        maximum term or imprisonment shall be not more than 5 years;
        and
            ``(2) in the case of an offense committed with a deadly
        weapon, the offender shall be imprisoned not less than 8 nor
        more than 10 years.''.
    (b) Extortion and Threats.--
            (1) Interstate communications.--Section 875 of title 18,
        United States Code, is amended in subsection (c), by striking
        ``not more than five years, or both'' and inserting ``not less
        than 2 nor more than 5 years''.
            (2) Mailing threatening communications.--Section 876 of
        title 18, United States Code, is amended in the third
        undesignated paragraph, by striking ``not more than five years,
        or both'' and inserting ``not less than 2 nor more than 5
        years''.

SEC. 5. RIGHT TO PARTICIPATE IN A REPUBLICAN FORM OF GOVERNMENT;
              ENFORCEMENT.

    (a) Reaffirmation of Right.--Each person not otherwise
disqualified, barred, or disabled by State or Federal law shall have
the right to participate in a republican form of State government free
from interference from unlawful violence and the reasonably perceived
threat of unlawful violence.
    (b) Right To Participate Defined.--As used in subsection (a), the
term ``right to participate in a republican form of State government''
means the right to--
            (1) carry out the duties of a State, county, or local
        office to which the person has been duly elected or appointed;
            (2) lawfully assist any duly elected or appointed person
        described in paragraph (1) in carrying out such duties;
            (3) run for elective office, campaign for such office on
        one's own behalf, or campaign on behalf of another's candidacy,
        in accordance with applicable State and local laws;
            (4) initiate and campaign for any initiative, referendum,
        petition, or similar political exercise, in accordance with
        applicable State and local laws;
            (5) assemble peaceably to petition the Federal, State, or
        local government, or to attend any public forum concerning such
        Federal, State, or local government; and
            (6) exercise the rights guaranteed under article IV of the
        Constitution of the United States, and the 1st and 14th
        amendments thereto.
    (c) Enforcement.--
            (1) In general.--A person whose right under subsection (a)
        is violated by any person or organization may bring an action
        in any United States district court against such other person
        or organization for damages, injunctive relief, and such other
        relief as the court deems appropriate.
            (2) Government remedy.--The chief executive officer of any
        State may bring an action in any United States district court
        located within that State for damages, injunctive relief, and
        such other relief as the court deems appropriate against any
        organization wherever located which unlawfully violates or
        which conspires, attempts, aids, or abets another person or
        organization to unlawfully violate the right under subsection
        (a) of any resident of that State.
            (3) Authority to award a reasonable attorney's fee.--In an
        action brought under paragraph (1) or (2), the court, in its
        discretion, may allow the prevailing plaintiff a reasonable
        attorney's fee as part of the costs.
            (4) Statute of limitations.--An action may not be brought
        under paragraph (1) or (2) after the 5-year period that begins
        with the date that the violation described in paragraph (1) is
        discovered.

SEC. 6. LAW ENFORCEMENT TRAINING.

    The Attorney General, in consultation with the Secretaries of
Treasury, Agriculture, and the Interior, shall develop and implement a
training program for Federal law enforcement personnel to enable such
personnel to deal more effectively with politically motivated violence.

SEC. 7. FEDERAL PAYMENTS WITHHELD.

    (a) Complaint.--If an agency determines that in any county any of
that agency's employees or agents is being unlawfully physically
prevented or impeded, by employees or agents of a State, county, or
local government, from carrying out lawful duties, the agency may file
a complaint with the Attorney General.
    (b) Escrow.--The Attorney General shall investigate the complaint,
and if the Attorney General finds the complaint is meritorious, the
Attorney General may place in escrow any payments that otherwise would
be made to that county under the Payments in Lieu of Taxes Act of 1976
(31 U.S.C. 6901 et seq.), until such time as the Attorney General is
satisfied that such interference has ceased.
    (c) Rules.--The Attorney General shall make rules governing the
procedures used to carry out this section.

Summary: Republican Form of Government Guarantee Act - Revises Federal criminal code provisions setting penalties for assaulting, resisting, intimidating, or impeding any of specified US officers and employees , to: (1) cover persons who commit such acts against State or local government officers or employees or persons assisting such officers or employees in the performance of official duty. And (2) increase penalties for such acts. Sets a minimum term of two years' imprisonment for: (1) transmitting in interstate or foreign commerce any communication containing a threat to kidnap or injure any person. And (2) depositing, or causing to be delivered, any communication threatening to kidnap or injure any person. Declares that each person not otherwise disqualified, barred, or disabled by State or Federal law shall have the right to participate in a republican form of State government free from interference from unlawful violence and the reasonably perceived threat of such violence. Creates a private cause of action, as well as a government remedy against any individual or organization for a violation of that right. Authorizes the court to award a reasonable attorney's fee to a prevailing plaintiff. Sets a five-year statute of limitations that begins with the date of discovery of the violation. Directs the Attorney General to develop and implement a training program for Federal law enforcement personnel to enable them to deal more effectively with politically motivated violence. Authorizes an agency that determines that an agency employee or agent is being unlawfully and physically prevented from carrying out lawful duties by employees or agents of a State, county, or local government, to file a complaint with the Attorney General. Directs the Attorney General to investigate the complaint and, if the Attorney General finds the complaint is meritorious, to place in escrow any payments that otherwise would be made to that county under the Payments in Lieu of Taxes Act of 1976 until such time as such interference has ceased.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rail Merger Reform and Customer
Protection Act''.

SEC. 2. SURFACE TRANSPORTATION BOARD REVIEW.

    Section 11324(c) of title 49, United States Code, is amended by
striking ``public interest. The Board'' and inserting ``public
interest, except that no transaction shall be approved and authorized
under this section unless the Board finds that the transaction--
            ``(1) will increase competition among rail carriers;
            ``(2) will not reduce transportation alternatives available
        to current railroad customers;
            ``(3) will provide additional transportation alternative
        options for railroad customers;
            ``(4) will improve service to customers; and
            ``(5) is in conformity with the antitrust laws.
The Board shall consult with the Attorney General, and may not make a
finding under paragraph (5) unless the Attorney General agrees with the
finding. The Board''.

SEC. 3. SURFACE TRANSPORTATION BOARD JURISDICTION.

    (a) Amendments.--Section 10501(b) of title 49, United States Code,
is amended--
            (1) by inserting ``, except that rail carriers and rail
        transportation subject to the jurisdiction of the Board shall
        also be subject to the antitrust laws. Application of the
        antitrust laws pursuant to the previous sentence shall not
        limit or affect the availability of remedies under this part''
        after ``is exclusive''; and
            (2) by inserting ``other than the antitrust laws'' after
        ``Federal or State law''.
    (b) Effect of Prior Orders.--Section 10501 of title 49, United
States Code, is further amended by adding at the end the following new
subsection:
    ``(d) All orders, determinations, rules, regulations, permits,
contracts, certificates, licenses, and privileges--
            ``(1) which have been issued, made, granted, or allowed to
        become effective by any agency or official thereof pursuant to
        chapter 113, or any predecessor statutory provisions, or by a
        court of competent jurisdiction; and
            ``(2) which are in effect as of the date of the enactment
        of the Rail Merger Reform and Customer Protection Act,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked by the agency, official,
or court.''.
    (c) Definition.--Section 10102 of title 49, United States Code, is
amended--
            (1) by redesignating paragraphs (1) through (10) as
        paragraphs (2) through (11), respectively; and
            (2) by inserting before paragraph (2), as so redesignated,
        the following new paragraph:
            ``(1) `antitrust laws' has the meaning given it in
        subsection (a) of the first section of the Clayton Act (15
        U.S.C. 12(a)), except that such term includes section 5 of the
        Federal Trade Commission Act (15 U.S.C. 45) to the extent such
        section 5 applies to unfair methods of competition;''.

SEC. 4. RATE AGREEMENTS.

    (a) Amendments.--Section 10706 of title 49, United States Code, is
amended--
            (1) in the section heading, by striking ``: exemption from
        antitrust laws'';
            (2) in subsection (a)(2)(A), by striking ``, and the
        Sherman Act'' and all that follows through ``carrying out the
        agreement'';
            (3) in subsection (a)(3)(B)(ii), by striking ``a Federal
        law cited in subsection (a)(2)(A) of this section'' and
        inserting ``the antitrust laws'';
            (4) by striking the second sentence of subsection (a)(4);
            (5) in subsection (a)(5)(A), by striking ``, and the
        antitrust laws'' and all that follows through ``carrying out
        the agreement'';
            (6) by striking the second sentence of subsection (d); and
            (7) by striking subsection (e).
    (b) Conforming Amendment.--The table of sections for chapter 107 of
title 49, United States Code, is amended by striking ``: exemption from
antitrust laws'' in the item relating to section 10706.

SEC. 5. SCOPE OF AUTHORITY.

    Section 11321(a) of title 49, United States Code, is amended--
            (1) by inserting ``, except that rail carriers and rail
        transportation subject to the jurisdiction of the Board shall
        also be subject to the antitrust laws'' after ``is exclusive'';
            (2) by striking ``the antitrust laws and from''; and
            (3) by inserting ``except for the antitrust laws,'' after
        ``and municipal law,''.

SEC. 6. ELECTION OF REMEDIES.

    Section 11701 of title 49, United States Code, is amended by adding
at the end the following new subsection:
    ``(d) A person proceeding against a rail carrier pursuant to
subsection (b) may not proceed against the same rail carrier pursuant
to other Federal or State law, and a person proceeding against a rail
carrier under other Federal or State law may not proceed against a rail
carrier pursuant to subsection (b), with respect to the same claim.''.

SEC. 7. CLAYTON ACT AMENDMENTS.

    The Clayton Act is amended--
            (1) in section 7 (15 U.S.C. 18)--
                    (A) by striking ``Nor shall anything herein'' and
                all that follows through ``therein is so acquired.'';
                and
                    (B) by striking ``Surface Transportation Board,'';
            (2) in section 11 (15 U.S.C. 21), by striking ``in the
        Surface Transportation Board where applicable to common
        carriers subject to jurisdiction under subtitle IV of title 49,
        United States Code;''; and
            (3) in section 16 (15 U.S.C. 26), by striking
        ``: Provided, That nothing'' and all that follows through
        ``title 49, United States Code''.

Summary: Declares that rail carriers and rail transportation subject to the jurisdiction of the Board shall also be subject to the antitrust laws. Repeals the exemption of rate agreements from the Sherman Act, the Clayton Act, the Federal Trade Commission Act and specified parts of the Wilson Tariff Act . Repeals the mandate that the Federal Trade Commission report to the Board periodically on possible anticompetitive features of approved rate agreements, or agreements submitted for approval, and any organization operating under such agreements. Prohibits a person proceeding against a rail carrier in a complaint before the Board from proceeding against the same rail carrier pursuant to other Federal or State law, and vice versa. Amends the Clayton Act to conform with this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Israel Strategic
Partnership Act of 2013''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The people and the Governments of the United States and
        Israel share a deep and unbreakable bond, forged by over 60
        years of shared interests and shared values.
            (2) Today, the people and Governments of the United States
        and Israel are facing a dynamic and rapidly changing security
        environment in the Middle East and North Africa, necessitating
        deeper cooperation on a range of defense, security, and
        intelligence matters.
            (3) From Gaza, Hamas continues to deny Israel's right to
        exist and persists in firing rockets indiscriminately at
        population centers in Israel.
            (4) Hezbollah--with support from Iran--continues to
        stockpile rockets and may be seeking to exploit the tragic and
        volatile security situation within Syria.
            (5) The Government of Iran continues to pose a grave threat
        to the region and the world at large with its reckless uranium
        enrichment program and defiance of multiple United Nations
        Security Council resolutions.
            (6) The civil war in Syria is threatening the security of
        Syria's chemical weapons arsenal, which could be deployed
        against its own people or fall into the hands of terrorists.
            (7) Given these challenges, it is imperative that the
        United States continue to deepen cooperation with allies like
        Israel in pursuit of shared policy objectives.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to reaffirm the unwavering support of the United States
        for the security of Israel as a Jewish state;
            (2) to reaffirm the principals and objectives enshrined in
        the United States-Israel Enhanced Security Cooperation Act of
        2012 (Public Law 112-150) and ensure its implementation to the
        fullest extent;
            (3) to reaffirm the importance of the 2007 United States-
        Israel Memorandum of Understanding on United States assistance
        to Israel and the semi-annual Strategic Dialogue between the
        United States and Israel;
            (4) to pursue every opportunity to deepen cooperation with
        Israel on a range of critical issues including defense,
        homeland, energy, and cyber security;
            (5) to continue to provide Israel with robust security
        assistance, including for the development, procurement, and
        maintenance of the Iron Dome Missile Defense System; and
            (6) to support the Government of Israel in its ongoing
        efforts to reach a negotiated political settlement with the
        Palestinian people that results in two states living side-by-
        side in peace and security.

SEC. 4. SENSE OF CONGRESS ON ISRAEL AS A MAJOR STRATEGIC PARTNER.

    It is the sense of Congress that Israel is a Major Strategic
Partner.

SEC. 5. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.

    (a) Department of Defense Appropriations Act, 2005.--Section
12001(d) of the Department of Defense Appropriations Act, 2005 (Public
Law 108-287; 118 Stat. 1011) is amended by striking ``more than 10
years after'' and inserting ``more than 11 years after''.
    (b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``and 2014'' and inserting ``, 2014, and 2015''.

SEC. 6. ELIGIBILITY OF ISRAEL FOR THE STRATEGIC TRADE AUTHORIZATION
              EXCEPTION TO CERTAIN EXPORT CONTROL LICENSING
              REQUIREMENTS.

    (a) Finding.--Congress finds that Israel--
            (1) has declared its unilateral adherence to the Missile
        Technology Control Regime and the Wassenaar Arrangement on
        Export Controls for Conventional Arms and Dual-Use Goods and
        Technologies;
            (2) is a party to--
                    (A) the Convention on Prohibitions or Restrictions
                on the Use of Certain Conventional Weapons which may be
                Deemed to be Excessively Injurious or to Have
                Indiscriminate Effects, signed at Geneva October 10,
                1980;
                    (B) the Protocol for the Prohibition of the Use in
                War of Asphyxiating, Poisonous or Other Gases, and of
                Bacteriological Methods of Warfare, signed at Geneva
                June 17, 1925; and
                    (C) the Convention on the Physical Protection of
                Nuclear Material, adopted at Vienna on October 26,
                1979; and
            (3) is a country with a low risk of diversion of items
        subject to export controls.
    (b) Eligibility for Strategic Trade Authorization Exception.--The
Secretary of Commerce shall take steps to include Israel in the list of
countries eligible for the strategic trade authorization exception
under section 740.20(c)(1) of title 15, Code of Federal Regulations, to
the requirement for a license for the export, reexport, or in-country
transfer of an item subject to controls under the Export Administration
Regulations, consistent with the obligations of the United States
pursuant to international agreements.

SEC. 7. ENERGY, WATER, HOMELAND SECURITY, AGRICULTURE, AND ALTERNATIVE
              FUEL TECHNOLOGIES.

    (a) In General.--The President is authorized to carry out United
States-Israel cooperative activities and to provide assistance
promoting cooperation in the fields of energy, water, homeland
security, agriculture, and alternative fuel technologies.
    (b) Requirements.--In carrying out subsection (a), the President is
authorized to share and exchange with Israel research, technology,
intelligence, information, equipment, and personnel that the President
determines will advance the national security interests of the United
States and is consistent with the Strategic Dialogue and pertinent
provisions of law--
            (1) by enhancing scientific cooperation between Israel and
        the United States; or
            (2) by the sale, lease, exchange in kind, or other
        techniques the President determines to be suitable.

SEC. 8. REPORT ON ESTABLISHMENT OF UNITED STATES-ISRAEL CENTER OF
              EXCELLENCE ON CYBER SECURITY.

    Not later than 180 days after the date of the enactment of this
Act, the President shall submit to Congress a report on the feasibility
and advisability of establishing a joint United States-Israel Cyber
Security Center for the purposes of sharing and advancing technologies
related to the prevention of cybercrimes.

SEC. 9. DESIGNATION OF ISRAEL AS VISA WAIVER PROGRAM COUNTRY.

    Section 217(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1187(c)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting
        ``subparagraph (G) and'' after ``Except as provided in''; and
            (2) by adding at the end the following:
                    ``(G) Israel.--The State of Israel shall be
                designated as a program country on the date on which
                the Secretary of Homeland Security, after consultation
                with the Secretary of State, certifies that the
                Government of Israel--
                            ``(i) has complied with all of the
                        requirements set forth in subparagraphs (B)
                        through (F); and
                            ``(ii) has made every reasonable effort,
                        without jeopardizing the security of the State
                        of Israel, to ensure that reciprocal travel
                        privileges are extended to all United States
                        citizens.''.

SEC. 10. REPORT ON IMPLEMENTATION OF SECTION 4 OF THE UNITED STATES-
              ISRAEL ENHANCED SECURITY COOPERATION ACT OF 2012.

    Not later than 180 days after the date of the enactment of this
Act, the President shall submit to the Committee on Foreign Relations
of the Senate, the Committee on Foreign Affairs of the House of
Representatives, and the Committees on Armed Services of the Senate and
the House of Representatives a comprehensive report on current and
future efforts undertaken by the President to fulfill the objectives of
section 4 of the United States-Israel Enhanced Security Cooperation Act
(22 U.S.C. 8603).

Summary: United States-Israel Strategic Partnership Act of 2013 - Declares that Israel is a Major Strategic Partner of the United States. Amends the Israel Enhanced Security Cooperation Act of 2012 to extend authority to: (1) make additions to foreign-based defense stockpiles, and (2) transfer certain obsolete or surplus Department of Defense (DOD) items to Israel. Directs the Secretary of Commerce to take steps to make Israel eligible for the strategic trade authorization exception to the requirement for a license for the export, reexport, or in-country transfer of an item subject to certain export controls. Authorizes the President to carry out US-Israel cooperative activities and to provide assistance for cooperation in the fields of energy, water, homeland security, agriculture, and alternative fuel technologies. Directs the President to report to Congress on the feasibility and advisability of establishing a joint United States-Israel Cyber Security Center. Includes Israel in the visa waiver program when Israel satisfies such program's inclusion requirements and provides, subject to security concerns, reciprocal travel privileges for US citizens.


SECTION 1. AIR FORCE ROLE IN MANAGEMENT OF CIVIL AIR PATROL AS CIVILIAN
              AUXILIARY OF THE AIR FORCE.

    (a) In General.--Chapter 909 of title 10, United States Code, is
amended--
            (1) by redesignating section 9442 as section 9443; and
            (2) by inserting after section 9441 the following new
        section:
``Sec. 9442. Air Force role in management
    ``(a) Administrative Responsibility.--In its capacity as a
federally chartered corporation under chapter 403 of title 36 and a
volunteer civilian auxiliary of the Air Force, the Civil Air Patrol
shall be administered by the Chief of Staff of the Air Force, under the
direction of the Secretary of the Air Force. For command, control, and
administrative purposes, the Civil Air Patrol shall have such
organizational elements as are approved by the Secretary of the Air
Force in regulations.
    ``(b) Board of Directors.--(1) The Secretary of the Air Force shall
appoint a National Board of Directors for the Civil Air Patrol. The
National Board of Directors shall be composed of the following:
            ``(A) General officers of the Air Force, including the Air
        Force Reserve and Air National Guard.
            ``(B) Senior civilian employees of the Department of the
        Air Force.
            ``(C) Members appointed from the volunteer Civil Air Patrol
        membership.
    ``(2) The chairman of the National Board of Directors shall be the
member of the Board who is the senior active duty Air Force officer.
The members of the Board appointed under paragraph (1)(C) may not
exceed a minority of the Board.
    ``(c) Executive Direction.--(1) The National Board of Directors
shall appoint for the Civil Air Patrol the following:
            ``(A) A National Commander, to be appointed from the
        civilian volunteer membership of the Civil Air Patrol.
            ``(B) An Executive Director.
            ``(C) A Safety Officer.
            ``(D) An Inspector General.
    ``(2) The Executive Director, Safety Officer, and Inspector General
appointed under paragraph (1) shall report directly to the Secretary of
the Air Force through the National Board of Directors.
    ``(3) The Chief of Staff of the Air Force may assign officers and
enlisted members of the Air Force on active duty and civilian employees
of the Department of the Air Force to serve on the staff of the
national headquarters of the Civil Air Patrol.
    ``(d) Effect of Appointment or Assignment.--(1) The appointment or
assignment of members of the armed forces or civilian employees under
subsection (b) or (c) is not precluded by any law or regulation
prohibiting active duty members of the armed forces or civilian
employees from participating in the management of non-Federal entities.
    ``(2) An officer or enlisted member of the Air Force appointed to
or assigned to duty in a Civil Air Patrol management position specified
in subsection (b) or (c) shall not receive any compensation, other than
the regular military compensation to which the officer or member is
otherwise entitled, as a result of the appointment or assignment.
    ``(e) Use of Civil Air Patrol Members and Employees.--(1) The
Executive Director and National Board of Directors may use such Civil
Air Patrol employees and volunteer Civil Air Patrol members as the
Executive Director and National Board of Directors considers necessary
to administer the Civil Air Patrol and to ensure that it is capable of
assisting the Department of the Air Force in the performance of its
noncombat mission.
    ``(2) Except as provided in section 9441(c) of this title, a member
of the Civil Air Patrol or an employee of the Civil Air Patrol is not a
Federal employee and is not subject to the provisions of law relating
to Federal employment, including those relating to hours of work, rates
of compensation, leave, unemployment compensation, Federal employee
benefits, ethics, conflicts of interest, and other similar criminal or
civil statutes and regulations governing the conduct of Federal
employees. However, nothing in this paragraph shall constrain the
Secretary of the Air Force from prescribing standards of conduct and
behavior for Civil Air Patrol members and employees.
    ``(f) Funds Management.--All funds provided to the Civil Air Patrol
under subsections (b) and (d) of section 9441 of this title, or any
other provision of law, are subject to the requirements of sections
6304 and 6305 of title 31 (commonly known as the Federal Grant and
Cooperative Agreement Act) and the Federal regulations governing the
provision of appropriated funds to private, nonprofit organizations.
    ``(g) Relation to Federal Charter.--The powers granted to the Civil
Air Patrol in section 40304 of title 36, including the power to adopt a
constitution, bylaws, and regulations, are subject to the approval of
the Secretary of the Air Force under the authority granted to the
Secretary by this section and are subject to any policies, regulations,
or instructions issued by the Secretary under that authority.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item relating to section 9442
and inserting the following new items:

``9442. Air Force role in management.
``9443. Assistance by other agencies.''.

Summary: Provides for the use of Patrol members and employees .

To amend title 10, United States Code, to improve the administration of the volunteer civilian auxiliary of the Air Force known as the Civil Air Patrol.