SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sound Science Saves Species Act of
2002''.

SEC. 2. AMENDMENT OF ENDANGERED SPECIES ACT OF 1973.

    Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.).

SEC. 3. IMPROVING THE SCIENCE USED IN IMPLEMENTING ENDANGERED SPECIES
              ACT OF 1973.

    (a) Contents of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3))
is amended by adding at the end the following:
    ``(E) A petition referred to in subparagraph (A) shall contain each
of the following:
            ``(i) Clear and convincing evidence of each of the
        following:
                    ``(I) The known and historic ranges of the species.
                    ``(II) The most recent population estimates and
                trends.
                    ``(III) The reason that the petitioned action is
                warranted, including known or perceived threats to the
                species.
                    ``(IV) The population of the species is declining
                or has declined from historic population levels and
                beyond normal population fluctuations for the species.
                    ``(V) Any other information that the petitioner
                considers appropriate.
            ``(ii) A bibliography of scientific literature on the
        species in support of the petition.
            ``(iii) A description of all available data on the
        historical and current range, population, and distribution of
        the species, an explanation of the methodology used to collect
        the data, and an identification of the location where the data
        can be reviewed.''.
    (b) Notice of Petitions.--Section 4(b)(3) (16 U.S.C. 1533(b)(3)) is
amended by striking ``(3)(A)'' and inserting the following:
    ``(3)(A)(i) Within 30 days after receiving a petition from an
interested person under section 553(e) of title 5, United States Code,
to add a species to, or to remove a species from, either list published
under subsection (c), the Secretary shall--
            ``(I) publish in the Federal Register a notice indicating
        receipt of such petition and inviting interested persons to
        submit any relevant scientific information regarding the status
        of the species concerned;
            ``(II) promptly publish the petition on the Internet
        website of the United States Fish and Wildlife Service;
            ``(III) provide notice of such receipt to each private
        owner of land or water on or in which the species may exist by
        publication of such notice in an appropriate newspaper of
        general circulation, except that such notice shall be provided
        directly to each such owner if the number of such owners is 100
        or less; and
            ``(IV) notify the Governor of each State that could be
        affected by the petition.
    ``(ii)''.
    (c) Independent Review of Petitions and Findings Regarding
Petitions.--Section 4(b) (16 U.S.C. 1533(b)) is amended by adding at
the end the following:
    ``(9)(A)(i) After the Secretary makes a finding under paragraph
(3)(A) the Secretary shall appoint and convene an independent review
board to conduct an independent scientific review of the data included
in the petition.
    ``(ii) Within 60 days after the date the Secretary convenes the
independent review board, the board shall provide to the Secretary its
findings regarding the following:
            ``(I) The sufficiency of all relevant scientific
        information and assumptions in the petition relating to the
        taxonomy, population models, and supportive biological and
        ecological information regarding the species that is the
        subject of the petition.
            ``(II) Whether the methodology and analysis supporting the
        petition meet the standards of the academic and scientific
        community.
            ``(III) Whether the petition is supported by clear and
        convincing evidence/provides clear and convincing evidence that
        the petitioned action may be warranted? see section 4(b)(3)(B)
        of ESA.
            ``(IV) Whether the review board concurs in the finding of
        the Secretary under paragraph (3)(A).
    ``(B)(i) If, within 30 days after the Secretary publishes a finding
under paragraph (3)(B)(ii) or (iii), any person submits to the
Secretary in writing a request for an independent scientific review of
the data upon which such finding is based, the Secretary shall appoint
and convene an independent review board to conduct such review.
    ``(ii) Within 90 days after the date the Secretary convenes the
independent review board, the board shall provide to the Secretary its
findings regarding the following:
            ``(I) The sufficiency of all relevant scientific
        information and assumptions that are the basis for the finding
        relating to the taxonomy, population models, and supportive
        biological and ecological information regarding the species
        that is the subject of the finding.
            ``(II) Whether the methodology and analysis supporting the
        finding meet the standards of the academic and scientific
        community.
            ``(III) Whether the finding is supported by clear and
        convincing evidence.
            ``(IV) Whether the review board concurs in the finding of
        the Secretary under paragraph (3)(B)(ii) or (iii), as
        applicable.
    ``(C) The Secretary shall--
            ``(i) publish in the Federal Register each finding by an
        independent review board under subparagraph (A) or (B);
            ``(ii) post each such finding on the Internet website of
        the United States Fish and Wildlife Service; and
            ``(iii) otherwise make each such finding available to the
        public.
    ``(D) If an independent review board finds under subparagraph (A)
or (B) that it does not concur in the finding of the Secretary, the
Secretary shall--
            ``(i) revoke the finding of the Secretary; or
            ``(ii) publish in the Federal Register an explanation of
        why the finding of the review board is incorrect, with clear
        and convincing evidence supporting such explanation.
    ``(E) The Secretary shall--
            ``(i) maintain a list of individuals who are available to
        participate on independent review boards under this paragraph;
            ``(ii) seek nominations of individuals to participate on
        such boards (upon appointment by the Secretary), through the
        Federal Register, scientific and commercial journals, and the
        National Academy of Sciences and other such institutions; and
            ``(iii) update such list every two years.
    ``(F)(i) An independent review board under subparagraph (A) shall
be composed of 3 members, of which--
            ``(I) 2 shall be appointed by the Secretary from the list
        under subparagraph (E); and
            ``(II) 1 shall be appointed by the Secretary from among
        qualified individuals nominated by the Governor of a State in
        which the species concerned is located.
    ``(ii) An independent review board under subparagraph (B) shall be
composed of 5 members, of which--
            ``(I) 3 shall be appointed by the Secretary from the list
        under subparagraph (E); and
            ``(II) 2 shall be appointed by the Secretary from among
        qualified individuals nominated by the Governor of a State in
        which the species concerned is located.
    ``(iii) If any individual declines appointment to an independent
review board under this paragraph, the Secretary shall appoint another
individual in the same manner.
    ``(iv) The selection of the members, and activities, of independent
review boards under this paragraph is not subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
    ``(v) The identities of the members of independent review boards
under this paragraph shall not be made public.
    ``(vi) The Secretary shall provide compensation to an individual
for service as a member of an independent review board under this
paragraph, at a rate equal to not to exceed the daily equivalent of the
maximum annual rate of basic pay for grade GS-12 of the General
Schedule for each day (including travel time) during which the
individual is engaged in the actual performance of duties as a member
of such board.
    ``(vii) In this subparagraph, the term `qualified individual' means
an individual with expertise in the biological sciences--
            ``(I) who is by virtue of advanced education, training, or
        avocational, academic, commercial, research, or other
        experience competent to review the adequacy of any scientific
        methodology supporting a finding by the Secretary and the
        validity of any conclusions drawn from data used to support the
        finding;
            ``(II) who is not a participant in any petition or proposed
        or final determination before the Secretary;
            ``(III) who is not, and has not been, employed by or under
        contract to the Secretary or the State in which is located the
        species that is the subject of an independent scientific review
        in which the individual participates, for work related to the
        finding or species under consideration in such review; and
            ``(V) who has no direct financial interest, and is not
        employed by any person with a direct financial interest, in the
        finding under consideration in such review.
    ``(G) The Secretary shall publish, with any final regulation
implementing an action with respect to which an independent scientific
review board is required under this paragraph to be convened, a summary
of the report of the independent review board, noting points of
disagreement between the reviewers, if any, and the response of the
Secretary to the report.
    ``(H) The report of each independent scientific review board
required under this paragraph shall be included in the official record
of any regulation with respect to which the board is convened and shall
be available for public review 30 days before the close of the period
for comment on the regulation.''.
    (d) Independent Review of Jeopardy Opinions.--Section 7(b) (16
U.S.C. 1536(b)) is amended by adding at the end the following:
    ``(5)(A)(i) Within 30 days after the date on which the Secretary
issues a statement under paragraph (3) that a proposed action is likely
to jeopardize the continued existence of a species included in a list
under section 4(c), any person may submit to the Secretary a written
request for an independent scientific review of the scientific
information used in making such statement and any reasonable and
prudent measures the Secretary proposes in the statement.
    ``(ii) Promptly after receiving such a request, the Secretary shall
appoint and convene an independent review board to conduct such an
independent scientific review.
    ``(B) Within 90 days after the date the Secretary convenes the
independent review board, the board shall provide to the Secretary its
findings regarding the following:
            ``(I) The sufficiency of all relevant scientific
        information and assumptions in such statement relating to the
        taxonomy, population models, and supportive biological and
        ecological information regarding the species that is the
        subject of the statement.
            ``(II) Whether the methodology and analysis supporting the
        statement meet the standards of the academic and scientific
        community.
            ``(III) Whether the statement is supported by clear and
        convincing evidence.
            ``(IV) Whether the review board concurs in the statement.
    ``(C) The Secretary shall--
            ``(i) publish in the Federal Register each finding by an
        independent review board under subparagraph (A) or (B);
            ``(ii) post each such finding on the Internet website of
        the United States Fish and Wildlife Service; and
            ``(iii) otherwise make each such finding available to the
        public.
    ``(D) If an independent review board finds under subparagraph (B)
that it does not concur in the statement of the Secretary, the
Secretary shall--
            ``(i) revoke the statement; or
            ``(ii) publish in the Federal Register an explanation of
        why the finding of the review board is incorrect, with clear
        and convincing evidence supporting such explanation.
    ``(E) The Secretary shall--
            ``(i) maintain a list of individuals who are available to
        participate on independent review boards under this paragraph;
            ``(ii) seek nominations of individuals to participate on
        such boards (upon appointment by the Secretary), through the
        Federal Register, scientific and commercial journals, and the
        National Academy of Sciences and other such institutions; and
            ``(iii) update such list every two years.
    ``(F)(i) An independent review board under subparagraph (A) shall
be composed of 5 members, of which--
            ``(I) 3 shall be appointed by the Secretary from the list
        under subparagraph (E); and
            ``(II) 2 shall be appointed by the Secretary from among
        qualified individuals nominated by the Governor of a State in
        which the species concerned is located.
    ``(ii) If any individual declines appointment to an independent
review board under this paragraph, the Secretary shall appoint another
individual in the same manner.
    ``(iii) The selection of the members, and activities, of
independent review boards under this paragraph is not subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
    ``(iv) The identities of the members of independent review boards
under this paragraph shall not be made public.
    ``(v) The Secretary shall provide compensation to an individual for
service as a member of an independent review board under this
paragraph, at a rate equal to not to exceed the daily equivalent of the
maximum annual rate of basic pay for grade GS-12 of the General
Schedule level for each day (including travel time) during which the
individual is engaged in the actual performance of duties as a member
of such board.
    ``(vi) In this subparagraph, the term `qualified individual' means
an individual with expertise in the biological sciences--
            ``(I) who is by virtue of advanced education, training, or
        avocational, academic, commercial, research, or other
        experience competent to review the adequacy of any scientific
        methodology supporting a statement by the Secretary and the
        validity of any conclusions drawn from data used to support the
        statement;
            ``(II) who is not a participant in any petition or proposed
        or final determination before the Secretary;
            ``(III) who is not, and has not been, employed by or under
        contract to the Secretary or the State in which is located the
        species that is the subject of an independent scientific review
        in which the individual participates, for work related to a
        statement or species under consideration in such review; and
            ``(V) who has no direct financial interest, and is not
        employed by any person with a direct financial interest, in any
        statement under consideration in such review.''.
    ``(G) The Secretary shall publish, with any final regulation
implementing an action with respect to which an independent scientific
review board is required under this paragraph to be convened, a summary
of the report of the independent review board, noting points of
disagreement between the reviewers, if any, and the response of the
Secretary to the report.
    ``(H) The report of each independent scientific review board
required under this paragraph shall be included in the official record
of any regulation with respect to which the board is convened and shall
be available for public review 30 days before the close of the period
for comment on the regulation.''.
    (e) Limitation on Re-Petition.--Secretary 4(b)(3) (16 U.S.C.
1533(b)(3)) is further amended by adding at the end the following:
    ``(G) If the Secretary determines pursuant to a petition that
addition of a species to either of the lists under subsection (c) is
not warranted, another petition regarding that species may not be
considered by the Secretary for one year.''.

Summary: Sound Science Saves Species Act of 2002 - Amends the Endangered Species Act of 1973 to require a petition to add or remove a species from either the endangered or threatened species list to contain: (1) evidence of the species' known and historic ranges, the most recent population estimates and trends, and the reason that the petitioned action is warranted, including known or perceived threats, (2) a bibliography of scientific literature on the species. And (3) a description of all available data on the species' historical and current range, population, and distribution, an explanation of the methodology used to collect such data, and an identification of the location where it can be reviewed. Requires the Secretary to make specified notifications after receiving such a petition. Sets forth requirements for the independent scientific review of petitions and findings regarding petitions and jeopardy opinions. Limits re-petitions for adding to such lists.

To amend the Endangered Species Act of 1973 to require the Secretary of the Interior to use the best sound science available in implementing the Endangered Species Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Minority Business Development
Improvements Act of 2010''.

SEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM.

    The Director of the Minority Business Development Agency shall
establish the Minority Business Development Program (in this Act
referred to as the ``Program'') to assist qualified minority
businesses. The Program shall provide to such businesses the following:
            (1) Technical assistance.
            (2) Contract procurement assistance.

SEC. 3. QUALIFIED MINORITY BUSINESS.

    (a) Certification.--For purposes of the Program, the Director may
certify as a qualified minority business any entity that satisfies each
of the following:
            (1) Not less than 51 percent of the entity is directly and
        unconditionally owned or controlled by historically
        disadvantaged individuals.
            (2) Each officer or other individual who exercises control
        over the regular operations of the entity is a historically
        disadvantaged individual.
            (3) The net worth of each principal of the entity is not
        greater than $2,000,000. (The equity of a disadvantaged owner
        in a primary personal residence shall be considered in this
        calculation.)
            (4) The principal place of business of the entity is in the
        United States.
            (5) Each principal of the entity maintains good character
        in the determination of the Director.
            (6) The entity engages in competitive and bona fide
        commercial business operations in not less than one sector of
        industry that has a North American Industry Classification
        System code.
            (7) The entity submits reports to the Director at such
        time, in such form, and containing such information as the
        Director may require.
            (8) Any additional requirements that the Director
        determines appropriate.
    (b) Term of Certification.--A certification under this section
shall be for a term of 5 years and may not be renewed.

SEC. 4. TECHNICAL ASSISTANCE.

    (a) In General.--In carrying out the Program, the Director may
provide to qualified minority businesses technical assistance with
regard to the following:
            (1) Writing business plans.
            (2) Marketing.
            (3) Management.
            (4) Securing sufficient financing for business operations.
    (b) Contract Authority.--The Director may enter into agreements
with persons to provide technical assistance under this section.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated $200,000,000 to the Director to carry out this section.
Such sums shall remain available until expended.

SEC. 5. SET-ASIDE CONTRACTING OPPORTUNITIES.

    (a) In General.--The Director may enter into agreements with the
United States Government and any department, agency, or officer thereof
having procurement powers for purposes of providing for the fulfillment
of procurement contracts and providing opportunities for qualified
minority businesses with regard to such contracts.
    (b) Qualifications on Participation.--The Director shall by rule
establish requirements for participation under this section by a
qualified minority business in a contract.
    (c) Annual Limit on Number of Contracts Per Qualified Minority
Business.--A qualified minority business may not participate under this
section in contracts in an amount that exceeds $10,000,000 for goods
and services each fiscal year.
    (d) Limits on Contract Amounts.--
            (1) Goods and services.--Except as provided in paragraph
        (2), a contract for goods and services under this section may
        not exceed $6,000,000.
            (2) Manufacturing and construction.--A contract for
        manufacturing and construction services under this section may
        not exceed $10,000,000.

SEC. 6. TERMINATION FROM THE PROGRAM.

    The Director may terminate a qualified minority business from the
Program for any violation of a requirement of sections 3 through 5 of
this Act by that qualified minority business, including the following:
            (1) Conduct by a principal of the qualified minority
        business that indicates a lack of business integrity.
            (2) Willful failure to comply with applicable labor
        standards and obligations.
            (3) Consistent failure to tender adequate performance with
        regard to contracts under the Program.
            (4) Failure to obtain and maintain relevant certifications.
            (5) Failure to pay outstanding obligations owed to the
        Federal Government.

SEC. 7. REPORTS.

    (a) Report of the Director.--Not later than October 1, 2011, and
annually thereafter, the Director shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
describing the activities of the Director during the preceding year
with respect to the Program.
    (b) Report of the Secretary of Commerce.--Not later than October 1,
2011, and annually thereafter, the Secretary of Commerce shall submit
to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report describing the activities the Secretary engaged in
during the preceding year to build wealth among historically
disadvantaged individuals.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Historically disadvantaged individual.--The term
        ``historically disadvantaged individual'' means any individual
        who is a member of a group that is designated as eligible to
        receive assistance under section 1400.1 of title 15, Code of
        Federal Regulations, as in effect on January 1, 2009.
            (2) Principal.--The term ``principal'' means any person
        that the Director determines exercises significant control over
        the regular operations of a business entity.

Summary: Minority Business Development Improvements Act of 2010 - Requires the Director of the Minority Business Development Agency to establish the Minority Business Development Program to provide qualified minority businesses with technical assistance and contract procurement assistance. Outlines minority business qualification requirements for the Program, including that: (1) not less than 51 of the entity be directly and unconditionally owned or controlled by historically disadvantaged individuals. And (2) each officer or other individual exercising control over regular operations is a historically disadvantaged individual. Outlines specific types of technical assistance authorized under the Program. Authorizes the Director to enter into agreements for the fulfillment of federal procurement contracts by, and contracting opportunities for, qualified minority businesses. Provides contract limits. Allows the Director to terminate a qualified minority business from the Program under specified circumstances.

A bill to establish in the Department of Commerce the Minority Business Development Program to provide qualified minority businesses with technical assistance and contracting opportunities, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadband Internet Regulatory Relief
Act of 2000''.

SEC. 2. REGULATION OF ADVANCED SERVICE

    (a) In General.--Part II of title II of the Communications Act of
1934 (47 U.S.C. 251 et seq.) is amended by adding at the end thereof
the following:

``SEC. 262. PROVISION OF ADVANCED SERVICE BY INCUMBENT LOCAL EXCHANGE
              CARRIERS.

    ``(a) In General.--Notwithstanding section 2(b) of this Act, or any
other provision of law, an incumbent local exchange carrier shall not
be subject to the requirements of--
            ``(1) section 251(c)(1), (c)(2), or (c)(5) with respect to
        the duty to provide, for the facilities and equipment of any
        requesting telecommunications carrier, interconnection with or
        notice of changes regarding any packet-based functionality of
        the local exchange carrier's network;
            ``(2) section 251(c)(1) or (c)(3) with respect to any
        network element that consists of or is created by a packet-
        switched or successor technology;
            ``(3) section 251(c)(1) or (c)(4) with respect to the
        provision of any advanced service;
            ``(4) section 251(c)(1) or (c)(6) with respect to any
        premises or structure used solely for network elements
        described in paragraph (2) of this subsection; or
            ``(5) section 251(c)(1), (c)(2)(3), or (c)(5) with respect
        to any optical fiber in the incumbent's distribution network
        that is used exclusively to provide telecommunications service
        to residential subscribers; and
                    ``(i) that is or was either--
                            ``(I) deployed where previously no outside
                        telephone distribution plant existed;
                            ``(II) deployed as a replacement for any
                        outside telephone distribution plant; or
                            ``(III) deployed from a remote terminal to
                        a customer premises; and
                    ``(ii) where the facilities are capable of
                providing telephone exchange service, 10 Base T Data
                (or its equivalent), and VHS-quality video, or are
                capable of providing all of these services through the
                upgrade of electronics.
Nothing in this subsection shall preclude the Commission or a State
from requiring that an incumbent local exchange carrier provide an
existing copper loop to a local exchange carrier upon request.
    ``(b) Buildout Requirements.--
            ``(1) An incumbent local exchange carrier or affiliate
        shall--
                    ``(A) make available advanced service to 80 percent
                of its telephone exchange service customers in a State
                within 3 years of the date of enactment of the
                Broadband Internet Regulatory Relief Act of 2000 where
                such services can be provided using an industry-
                approved standard and existing loop facilities; and
                    ``(B) make available advanced service to 100
                percent of its telephone exchange service customers in
                a State within 5 years of that date within 30 days of a
                bona fide request by any such customer where such
                services can be provided using an industry-approved
                standard and existing loop facilities.
            ``(2) An incumbent local exchange carrier that satisfies
        the requirements of paragraph (1), within the time frames set
        forth therein, shall continue to receive all regulatory relief
        provided by subsections (a) and (c) for any service or
        combination of services that consists of, or includes, the
        offering of a capability to transmit information using a
        packet-switched or successor technology downstream from a
        provider to a consumer and upstream from a consumer to a
        provider at a rated speed of 128 kilobits per second or more
        where advanced service cannot be provided using an industry-
approved standard and existing loop facilities.
            ``(3) If an incumbent local exchange carrier fails to
        comply with paragraph (1) within the time frames set forth
        there, the regulatory relief provided by those subsections
        shall not apply to it.
    ``(c) Pricing Flexibility.--
            ``(1) Competition for advanced service.--Except as provided
        in this section, section 251, section 254, section 271, and
        section 272, no advanced service offered by an incumbent local
        exchange carrier nor the facilities used to provide such
        service shall be subject to common carrier regulation by the
        Commission or any State in any exchange where advanced service
        is being provided by an unaffiliated advanced service provider.
            ``(2) Petition.--An incumbent local exchange carrier
        seeking pricing flexibility under paragraph (1) may file a
        petition with the Commission seeking such relief. A petition
        under this paragraph is deemed to have been approved if the
        Commission does not act on it within 30 days after it is filed.
            ``(3) Unconditional relief.--If the Commission determines
        under paragraph (1) that advanced service is being offered by
        an unaffiliated provider in the manner described in that
        paragraph, the Commission shall approve the petition of the
        incumbent local exchange carrier unconditionally.
            ``(4) Advanced service outside an incumbent's territory.--
        The rates, terms, and conditions of advanced service offered by
        an incumbent local exchange carrier or its affiliate are not
        subject to Federal or State regulation in any geographic area
        in which that carrier, its successor, or assigns was not the
        local incumbent exchange carrier on February 8, 1996.
            ``(5) Schedule of charges.--For any advanced service that
        has not been determined by the Commission to be subject to
        competition under paragraph (1), the incumbent local exchange
        carrier furnishing such advanced service shall file with the
        Commission a schedule of charges and practices for such
        advanced service in a manner prescribed by the Commission under
        section 203. Any such schedule of charges and practices shall
        be deemed lawful and shall be effective 2 days after the date
        on which it was filed with the Commission unless the Commission
        takes action under section 204(a)(1) before the end of that 2-
        day period.
    ``(d) Noncompliance With Loop Provisioning and Collocation Rules.--
            ``(1) State determination.--Except as provided in paragraph
        (2), subsections (a) and (c) shall cease to apply to an
        incumbent local exchange carrier after the date on which a
        State makes a final determination based on clear and convincing
        evidence, in response to a complaint filed by another local
        exchange carrier, that the incumbent local exchange carrier has
        materially failed to comply with the rules of the Commission
        with respect to collocation or the rules of the Commission or
        the State with respect to loop provisioning. The burden of
        proof shall be on the complainant.
            ``(2) Reinstatement.--
                    ``(A) In general.--An incumbent local exchange
                carrier to which subsections (a) and (c) have ceased to
                apply because of a determination by a State under
                paragraph (1) may petition the State for a
                reinstatement of the application of those subsections.
                    ``(B) Determination required.--If the State that
                made the determination described in paragraph (1)
                subsequently makes a final determination that the
                carrier has complied fully with the rule with which the
                carrier was found, under paragraph (1), not to have
                complied, then the application of subsections (a) and
                (c) to that incumbent local exchange carrier shall be
                reinstated as of the date of that subsequent final
                determination.
                    ``(C) Determination deemed affirmative if state
                fails to act within 90 days.--For purposes of
                subparagraph (B), a State that fails to make a
                determination on a petition filed under subparagraph
                (A) within 90 days shall be deemed to have made a
                determination that the carrier is in full compliance
                with the rules of the Commission with respect to
                collocation and the rules of the Commission and the
                State with respect to loop provisioning.
    ``(e) Remote Terminals.--
            ``(1) An incumbent local exchange carrier using equipment
        located in a remote terminal to provide advanced services shall
        have the duty to provide to any requesting telecommunications
        carrier--
                    ``(A) access to subloop elements at such remote
                terminal for the provision of advanced services; and
                    ``(B) access to rights of way consistent with
                section 251(b)(4).
            ``(2) Collocation not required.--Nothing in paragraph (1),
        any other provision of this Act, nor any other provision of law
        shall require an incumbent local exchange carrier to provide
        collocation at a remote terminal to any person.
    ``(f) Definitions.--For purposes of this section--
            ``(1) the term `incumbent local exchange carrier' has the
        meaning given to that term by section 251(h);
            ``(2) the term `customer premises' means the customer's
        physical property or adjacent easement; and
            ``(3) the term `remote terminal' means the point in the
        incumbent local exchange carrier's network where the electronic
        capability to provide advanced service is deployed and where
        such carrier provides subloop unbundling.''.

SEC. 3. AMENDMENTS.

    (a) Section 251(b) of the Communications Act of 1934 (47 U.S.C.
251(b)) is amended by adding at the end thereof the following:
``Notwithstanding paragraph (5), after the date of enactment of the
Broadband Internet Regulatory Relief Act of 2000, no local exchange
carrier shall be required to make any payment for the transport,
delivery, or termination of telecommunications to, or
telecommunications that connects to, the Internet or any Internet
service provider. The transport, delivery, or termination of
telecommunications to, or telecommunications that connects to, the
Internet or any Internet service provider is hereby deemed to be an
interstate communication and subject to the exclusive jurisdiction of
the Commission. The provisions of this subsection following paragraph
(5) do not alter the terms of any interconnection agreement in effect
on May 10, 2000, during the existing term of any such agreement.
Neither section 252(i) nor any other legal or regulatory requirement
shall require any local exchange carrier to make available to any other
telecommunications carrier an interconnection arrangement under this
subsection that is in an agreement that is in effect on or after May
10, 2000. For the purposes of this subsection, the term `existing term'
means the initial period of any interconnection agreement and does not
include any period provided for negotiation or any extension of the
initial period.''.
    (b) Section 251(c)(3) of that Act (47 U.S.C. 251(c)(3)) is amended
by adding at the end thereof the following: ``An incumbent local
exchange carrier shall not be required to provide network elements on
an unbundled basis unless those elements are to be used predominantly
to provide telephone exchange service.''.
    (c) Section 251(f) of that Act (47 U.S.C. 251(f)) is amended by
adding at the end thereof the following:
            ``(3) Exemption for advanced services.--Neither section
        251(c) nor any other common carrier regulation shall apply to
        any local exchange carrier with fewer than 2 percent of the
        nation's subscriber lines installed in the aggregate with
        respect to its provision of advanced services. Any such carrier
        may at its option continue to file tariffs for any advanced
        service and may also continue to participate in any National
        Exchange Carrier Association pooling arrangement.''.

SEC. 4. DEFINITIONS.

    (a) In General.--Section 3 of the Communications Act of 1934 (47
U.S.C. 153) is amended by--
            (1) redesignating paragraphs (1) through (51) as paragraphs
        (3) through (53), respectively; and
            (2) inserting before paragraph (3), as redesignated, the
        following:
            ``(1) Advanced service.--The term `advanced service' means
        any service or combination of services that consists of, or
        includes, the offering of a capability to transmit information
        using a packet-switched or successor technology downstream from
        a provider to a consumer at a rated speed of 200 kilobits per
        second or more and upstream from a consumer to a provider at a
        rated speed of 128 kilobits per second or more for access to
        other services, to the Internet or other information or data
        services, or to private network or data facilities.
            ``(2) Advanced service provider.--The term `advanced
        service provider' means any provider of advanced services.''.
    (b) Conforming Amendment.--Section 271(c)(1)(A) of the
Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by
striking ``3(47)(A),'' and inserting ``3(50)(A),''.

Summary: Requires such carrier to make advanced service available: (1) to 80 percent of its customers in a State within three years after enactment of this Act, where such services can be provided using an industry-approved standard and existing loop facilities. And (2) within five years of such date, upon request of any customer. Allows carriers that meet such time limits to continue to receive the regulatory relief provided under this Act, while discontinuing such relief for failure to do so. Prohibits advanced service offered by such carriers from being subject to common carrier regulation by the FCC or a State in any exchange where advanced service is being provided by an unaffiliated advanced service provider. Allows for a petition to the FCC for such regulatory relief. Prohibits Federal or State regulation in any geographic area in which the carrier was not the local incumbent exchange carrier on February 8, 1996. States that, for services not found to be subject to unaffiliated competition, the carrier furnishing advanced service must file with the FCC a schedule of charges and practices. Discontinues the regulatory relief provided under this Act for a carrier for which a State makes a final determination of failure to comply with FCC or State rules concerning collocation or loop provisioning . Requires carriers using equipment located in a remote terminal to provide to any requesting telecommunications carrier access to subloop elements at such terminal for the provision of advanced services and rights-of- way for such purposes. Mandates that no carrier shall be required to: (1) make any payment for the transport, delivery, or termination of telecommunications to the Internet or any Internet service provider. Or (2) provide network elements on an unbundled basis unless those elements are to be used predominately to provide telephone exchange service.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Guantanamo Bay Detention Facility
Safe Closure Act of 2009''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Since the United States began its Global War on
        Terrorism, terrorists have been captured by the United States
        and their allies and detained in facilities at Guantanamo Bay
        Detention Facility (GTMO), Cuba.
            (2) The detainee complex at Guantanamo Bay, Cuba, is the
        only complex in the world that can safely and humanely hold
        individuals that pose a high-security risk to the United
        States. It is a secure location away from population centers,
        provides maximum security required to prevent escape, provides
        multiple levels of confinement opportunities based on
        compliance of the detainee, and provides medical care not
        available to a majority of the population of the world.
            (3) GTMO is the single greatest repository of human
        intelligence in the war on terror. This intelligence has
        prevented terrorist attacks and saved lives in the past and
        continues to do so today.
            (4) New intelligence being collected from detainees at GTMO
        is being used to fight terrorists in Iraq, Afghanistan, and
        around the globe.
            (5) Intelligence information obtained from questioning
        detainees includes--
                    (A) the organizational structure of al-Qaida and
                other terrorist groups;
                    (B) the extent of terrorist presence in Europe, the
                United States, and the Middle East;
                    (C) al-Qaida's pursuit of weapons of mass
                destruction;
                    (D) methods of recruitment and locations of
                recruitment centers;
                    (E) terrorist skill sets, including general and
                specialized operative training; and
                    (F) how legitimate financial activities are used to
                hide terrorist operations.
            (6) The Expeditionary Legal Complex (ELC) located at GTMO
        is the only one of its kind in the world. It provides a secure
        location to secure and try detainees charged by the United
        States Government, full access to sensitive and classified
        information, full access to defense lawyers and prosecution,
        and full media access by the press.
            (7) There are on average two lawyers for every detainee
        that has been charged or had charges preferred against them at
        GTMO.
            (8) There are 127 doctors, nurses, and medical technicians
        dedicated to caring for and maintaining the health of each
        detainee--a ratio of 1:2 (one health care professional for
        every two detainees).
            (9) GTMO is operated by the Department of Defense and only
        interrogation techniques approved by the Secretary of Defense
        have been used.
            (10) Detainees are being treated humanely.
            (11) There are no solitary confinement facilities at
        Guantanamo.
            (12) Water boarding has never occurred at GTMO.
            (13) Current treatment and oversight exceed any maximum-
        security prison in the world.
            (14) Since 2002, more than 520 detainees have departed
        Guantanamo for other countries, including Albania, Afghanistan,
        Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt,
        France, Great Britain, Iran, Iraq, Jordan, Kuwait, Libya,
        Maldives, Mauritania, Morocco, Pakistan, Russia, Saudi Arabia,
        Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, the United
        Kingdom, and Yemen.
            (15) There are approximately 245 detainees from over 30
        countries remaining at GTMO. These detainees include terrorist
        trainers, terrorist financiers, bomb makers, Osama bin Laden
        bodyguards, recruiters and facilitators, and would-be suicide
        bombers. Detainees remaining at GTMO fall into three
        categories:
                    (A) Detainees who have been cleared for release but
                the United States has not been able to find a foreign
                country willing to accept them.
                    (B) Detainees who have been tried, had charges
                referred to trial, or are awaiting for referral to
                trial.
                    (C) Detainees who are either of high threat to the
                United States or are from countries where the United
                States is unable to get sufficient assurances that the
                country will mitigate their threat if transferred.
            (16) The Pentagon claims that 61 of released GTMO detainees
        have ``returned to the fight''.
            (17) Said Ali al-Shihri, suspected of involvement in the
        bombing of the United States Embassy in Yemen on 17 September
        2008, was released to Saudi Arabia in 2007, passed through a
        Saudi rehabilitation program, and has resurfaced as the new
        deputy leader of al-Qaida in Yemen.
            (18) In 2007, the Senate passed a resolution, 94-3,
        stating, ``detainees housed at Guantanamo should not be
        released into American society, nor should they be transferred
        stateside into facilities in American communities and
        neighborhoods.''.
            (19) On January 20, 2009, President Obama instructed
        military prosecutors to seek a 120-day suspension of legal
        proceedings at GTMO or what administration officials called ``a
        continuance of the proceedings''.
            (20) On January 22, 2009, President Obama ordered the
        closing of the GTMO prisons within a year.
            (21) The United States is still in a global war on terror,
        engaged in armed conflict with terrorist organizations, and
        will, in all probability, continue to capture terrorists who
        will be detained in a facility.
            (22) If the detention facility at GTMO is closed, some
        United States domestic or overseas prison will have to house
        these detainees while they await disposition.

SEC. 3. PROHIBITION ON USE OF FUNDS TO TRANSFER INDIVIDUALS DETAINED AT
              GUANTANAMO BAY, CUBA, TO THE UNITED STATES, OR TO
              COORDINATE WITH OTHER DEPARTMENTS OR AGENCIES FOR SUCH
              TRANSFER.

    None of the funds appropriated or otherwise made available to the
Department of Defense may be used--
            (1) to transfer any enemy combatant detained by the United
        States at Naval Station, Guantanamo Bay, Cuba, to the United
        States; or
            (2) to coordinate with any other department or agency for
        the purposes of transferring of any such enemy combatant to the
        United States.

SEC. 4. PROHIBITION ON USE OF CERTAIN CLOSED DEPARTMENT OF DEFENSE
              FACILITIES TO HOUSE ENEMY COMBATANTS.

    The Secretary of Defense may not use or authorize the use of any
facility that is closed through a base closure process for housing any
enemy combatant who, as of the date of the enactment of this Act, is
detained by the United States at Naval Station, Guantanamo Bay, Cuba.

SEC. 5. PROHIBITION ON CONSTRUCTING, IMPROVING, MODIFYING, OR OTHERWISE
              ENHANCING ANY FACILITY IN THE UNITED STATES OR ITS
              TERRITORIES FOR THE PURPOSE OF HOUSING ANY DETAINEE
              CURRENTLY OR PREVIOUSLY HOUSED AT GUANTANAMO.

    The Secretary of Defense may not construct, improve, modify, or
otherwise enhance any facility in the United States or its territories
for the purpose of housing any enemy combatant who, as of the date of
the enactment of this Act, is detained by the United States at Naval
Station, Guantanamo Bay, Cuba, or who has ever been so detained.

Summary: Guantanamo Bay Detention Facility Safe Closure Act of 2009 - Prohibits federal funds from being used to: (1) transfer any enemy combatant detained at the Naval Station Guantanamo Bay, Cuba, to the United States. Or (2) coordinate with any other department or agency to transfer any such individual to the United States. Prohibits the Secretary of Defense from: (1) using any facility closed through a base closure process for housing any such individual. Or (2) constructing, modifying, or improving any facility in the United States or its territories for housing any such individual.

To prohibit the use of funds available to the Department of Defense to transfer enemy combatants detained by the United States at Naval Station, Guantanamo Bay, Cuba, to the United States, or to construct facilities for such enemy combatants at such locations.


SECTION 1. REAUTHORIZATION.
    Section 717(a) of the Defense Production Act of 1950 (50 U.S.C.
App. 2166(a)) is amended--
        (1) by striking ``2014'' and inserting ``2019''; and
        (2) by striking ``on or after the date of enactment of the
    Defense Production Act Reauthorization of 2009''.
SEC. 2. DEFENSE PRODUCTION ACT COMMITTEE IMPROVEMENTS.
    Section 722 of the Defense Production Act of 1950 (50 U.S.C. App.
2171) is amended--
        (1) in subsection (a)--
            (A) by striking ``advise the President'' and inserting
        ``coordinate and plan for''; and
            (B) by striking ``the authority'' and inserting ``the
        priorities and allocations authorities'';
        (2) in subsection (b), by amending paragraph (2) to read as
    follows:
        ``(2) The Chairperson of the Committee shall be the head of the
    agency to which the President has delegated primary responsibility
    for government-wide coordination of the authorities in this Act.'';
        (3) by amending subsection (c) to read as follows:
    ``(c) Coordination of Committee Activities.--The Chairperson shall
appoint one person to coordinate all of the activities of the
Committee, and such person shall--
        ``(1) be a full-time employee of the Federal Government;
        ``(2) report to the Chairperson; and
        ``(3) carry out such activities relating to the Committee as
    the Chairperson may determine appropriate.''; and
        (4) in subsection (d)--
            (A) by striking ``Not later than'' and all that follows
        through ``Committee shall submit'' and inserting the following:
        ``The Committee shall issue a report each year by March 31'';
            (B) by striking ``each member of the Committee'' and
        inserting ``the Chairperson'';
            (C) in paragraph (1)--
                (i) by striking ``a review of the authority under this
            Act of'' and inserting ``a description of the contingency
            planning by''; and
                (ii) by inserting before the semicolon the following:
            ``for events that might require the use of the priorities
            and allocations authorities'';
            (D) in paragraph (2), by striking ``authority described in
        paragraph (1)'' and inserting ``priorities and allocations
        authorities in this Act'';
            (E) by amending paragraph (3) to read as follows:
        ``(3) recommendations for legislation actions, as appropriate,
    to support the effective use of the priorities and allocations
    authorities in this Act;'';
            (F) in paragraph (4), by striking ``all aspects of'' and
        all that follows through the end of the paragraph and inserting
        ``the use of the priorities and allocations authorities in this
        Act;''; and
            (G) by adding at the end the following:
        ``(5) up-to-date copies of the rules described under section
    101(d)(1); and
        ``(6) short attestations signed by each member of the Committee
    stating their concurrence in the report.''.
SEC. 3. UPDATED RULEMAKING.
    Section 101(d)(1) of the Defense Production Act of 1950 (50 U.S.C.
App. 2071(d)(1)) is amended by striking ``not later than'' and all that
follows through ``rules'' and inserting the following: ``issue, and
annually review and update whenever appropriate, final rules''.
SEC. 4. PRESIDENTIAL DETERMINATION.
    (a) In General.--Section 303(a) of the Defense Production Act of
1950 (50 U.S.C. App. 2093(a)) is amended--
        (1) in paragraph (5)--
            (A) by striking ``determines'' and inserting the following:
        ``, on a non-delegable basis, determines, with appropriate
        explanatory material and in writing,'';
            (B) in subparagraph (A), by striking ``and'' at the end;
            (C) in subparagraph (B), by striking the period and
        inserting ``; and''; and
            (D) by adding at the end the following:
            ``(C) purchases, purchase commitments, or other action
        pursuant to this section are the most cost effective,
        expedient, and practical alternative method for meeting the
        need.''; and
        (2) in paragraph (6), by adding at the end the following:
            ``(C) Limitation.--If the taking of any action or actions
        under this section to correct an industrial resource shortfall
        would cause the aggregate outstanding amount of all such
        actions for such industrial resource shortfall to exceed
        $50,000,000, no such action or actions may be taken, unless
        such action or actions are authorized to exceed such amount by
        an Act of Congress.''.
    (b) Exception.--Section 303(a)(6)(C) of the Defense Production Act
of 1950, as added by subsection (a)(2), shall not apply to a project
undertaken pursuant to a determination made before the date of the
enactment of this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
    Section 711 of the Defense Production Act of 1950 (50 U.S.C. App.
2161) is amended--
        (1) by striking ``are hereby authorized to be appropriated such
    sums as may be necessary and appropriate'' and inserting `` is
    authorized to be appropriated $133,000,000 for fiscal year 2015 and
    each fiscal year thereafter''; and
        (2) by striking the second and third sentences.

                               Speaker of the House of Representatives.

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

Summary: This measure has not been amended since it was passed by the House on July 29, 2014. Reauthorizes provisions of the Defense Production Act of 1950 through September 30, 2019. Reinstates authorities under which the President may provide for loans to private business enterprises or authorize a guaranteeing agency to guarantee loans by private institutions to contractors, providers of critical infrastructure, or other persons for services, production, or deliveries essential to national defense. Makes such authorities effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriations Acts. Revises requirements relating to the Defense Production Act Committee to: (1) direct the Committee to coordinate and plan according to specified priorities and allocation authorities. (2) require the Chairperson to be the head of the agency to which the President has delegated primary responsibility for government-wide coordination of such activities. And (3) require the Chairperson to appoint a coordinator of Committee activities . Expands the Committee's annual report to Congress to include a description of contingency planning by federal agencies, legislative recommendations, and updated copies of federal agencies' rules to promote national defense under both emergency and nonemergency conditions. Requires federal agencies delegated defense production authority to review such rules annually and make updates whenever appropriate. Prohibits the President from: (1) delegating a determination to execute a contract for an industrial resource, material, or critical technology that is essential to national defense. (2) executing contracts for such capabilities unless the purchases are the most cost effective, expedient, and practical alternative method for meeting the need. And (3) taking action to correct an industrial resource shortfall without congressional authorization if such action would cause the aggregate outstanding amount of all such actions to exceed $50 million. Prohibits the congressional authorization requirement for an aggregate amount exceeding $50 million from applying to projects undertaken pursuant to a determination made before the enactment of this Act. Authorizes specified appropriations.

To reauthorize the Defense Production Act, to improve the Defense Production Act Committee, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Facilities Clean Water
Compliance Act of 1993''.

SEC. 2. APPLICATION OF CERTAIN PROVISIONS TO FEDERAL FACILITIES.

    Section 313(a) of the Federal Water Pollution Control Act (33
U.S.C. 1323(a)) is amended by striking the third sentence and all that
follows through the period at the end of the last sentence and
inserting the following: ``The Federal, State, interstate, and local
substantive and procedural requirements, administrative authority, and
process and sanctions referred to in this subsection include, but are
not limited to, all administrative orders and all civil and
administrative penalties and fines, regardless of whether such
penalties or fines are punitive or coercive in nature or are imposed
for isolated, intermittent, or continuing violations. The United States
hereby expressly waives any immunity otherwise applicable to the United
States with respect to any such requirement, administrative authority,
and process and sanctions (including, but not limited to, any
injunctive relief, administrative order or civil or administrative
penalty or fine referred to in the preceding sentence, or reasonable
service charge). The reasonable service charges referred to in this
subsection include, but are not limited to, fees or charges assessed in
connection with the processing and issuance of permits, renewal of
permits, amendments to permits, review of plans, studies, and other
documents, and inspection and monitoring of facilities, as well as any
other nondiscriminatory charges that are assessed in connection with a
Federal, State, interstate, or local water pollution regulatory
program. No agent, employee, or officer of the United States shall be
personally liable for any civil penalty under any Federal, State,
interstate, or local water pollution law with respect to any act or
omission within the scope of the official duties of the agent,
employee, or officer. An agent, employee, or officer of the United
States shall be subject to any criminal sanction (including, but not
limited to, any fine or imprisonment) under any Federal or State water
pollution law, but no department, agency, or instrumentality of the
executive, legislative, or judicial branch of the Federal Government
shall be subject to any such sanction.''.

SEC. 3. FEDERAL FACILITY ENFORCEMENT.

    Section 309 of the Federal Water Pollution Control Act (33 U.S.C.
1319) is amended by adding at the end the following:
    ``(h) Federal Facility Enforcement.--
            ``(1) Compliance orders.--
                    ``(A) In general.--Whenever on the basis of any
                information available to him--
                            ``(i) the Administrator determines that any
                        department, agency, or instrumentality of the
                        United States has violated or is in violation
                        of section 301, 302, 306, 307, 308, 311, 318,
                        or 405 of this Act, or has violated or is in
                        violation of any permit condition or limitation
                        implementing any such section in a permit
                        issued under section 402 of this Act by the
                        Administrator or by a State, or in a permit
                        issued under section 404 of this Act by a
                        State, or any requirement imposed in a
                        pretreatment program approved under section
                        402(a)(3) or 402(b)(8) of this Act;
                            ``(ii) the Secretary of the Army determines
                        that any department, agency, or instrumentality
                        of the United States has violated or is in
                        violation of any condition or limitation in a
                        permit issued under section 404 of this Act;
                            ``(iii) the Secretary of the department in
                        which the Coast Guard is operating determines
                        that any department, agency, or instrumentality
                        of the United States has violated any provision
                        of section 311 of this Act or any of its
                        implementing regulations;
                the Administrator or Secretary, as applicable, may
                propose an order to assess a civil penalty for any past
                or current violation or require compliance immediately
                or within a specified time period, or both.
                    ``(B) Required terms.--Any order issued under this
                subsection --
                            ``(i) by the Administrator may include a
                        suspension or revocation of any permit issued
                        by the Administrator or a State under sections
                        402 and 404 of this Act; and
                            ``(ii) by the Secretary of the Army may
                        include a suspension or revocation of any
                        permit issued by the Secretary of the Army or a
                        State under section 404 of this Act; and
        shall state with reasonable specificity the nature of the
        violation. Any penalty assessed in the order shall not exceed
        $25,000 per day for each violation.
            ``(2) Public hearing.--Any order under this section shall
        become final unless, not later than 30 days after the order is
        served, a Federal department, agency, or instrumentality of the
        United States named therein requests a public hearing. Upon
        such request, the Administrator or Secretary, as applicable,
        shall promptly conduct a public hearing. Such public hearing
        shall be conducted in accordance with section 554 of title 5,
        United States Code. In connection with any proceeding under
        this subsection, the Administrator or Secretary may issue
        subpoenas for the attendance and testimony of witnesses and the
        production of relevant papers, books, and documents and may
        promulgate rules for discovery procedures.
            ``(3) Violation of compliance orders.--If a violator fails
        to take corrective action within the time specified in an order
        issued under paragraph (1)--
                    ``(A) the Administrator or Secretary, as
                applicable, may assess a civil penalty of not more than
                $25,000 for each day of continued noncompliance with
                the order; and
                    ``(B)(i) the Administrator may suspend or revoke
                any permit issued pursuant to section 402 or 404 of
                this Act which is the subject of the order, whether
                issued by the Administrator or the State; and
                    ``(ii) the Secretary of the Army may suspend or
                revoke any permit issued pursuant to section 404 of
                this Act, whether issued by the Secretary of the Army
                or a State.
            ``(4) Determination of amount of penalty.--In determining
        the amount of any penalty assessed under this subsection, the
        Administrator or Secretary, as the case may be, shall consider
        the seriousness of each violation or violations, the violator's
        economic benefit or savings (if any) resulting from each
        violation, any history of prior violations, any good-faith
        efforts to avoid noncompliance or to comply with the applicable
        requirements, the violator's ability to pay the penalty, and
        such other matters in mitigation and aggravation as justice may
        require.
            ``(5) Limitation on actions and right of intervention.--Any
        violation with respect to which the Administrator or the
        Secretary, as applicable, has commenced and is diligently
        prosecuting an action under this subsection, or for which the
        Administrator or the Secretary has issued a final order and the
        violator has paid a penalty assessed under this subsection,
        shall not be the subject of a civil enforcement action under
        section 505 of this Act. In any action under this subsection,
        any citizen may intervene as a matter of right.
            ``(6) Penalty fund.--Penalties received under this
        subsection shall be deposited into a special fund in the United
        States Treasury for licensing and other services. Amounts in
        the fund are authorized to be appropriated and shall remain
        available until expended for allocation by the Administrator to
        finance water remediation and other restorative and preventive
        projects at Federal facilities. The Administrator shall
        annually report to Congress about the sums deposited into the
        fund, the sources thereof, and the allocations thereof.''.

SEC. 4. DEFINITION OF PERSON.

    (a) General Definitions.--Section 502(5) of the Federal Water
Pollution Control Act (33 U.S.C. 1362(5)) is amended by inserting
before the period at the end the following: ``and includes any
department, agency, or instrumentality of the United States''.
    (b) Oil and Hazardous Substance Liability Program.--Section
311(a)(7)) of such Act (33 U.S.C. 1321(a)(7) is amended by inserting
before the semicolon at the end the following: ``and any department,
agency, or instrumentality of the United States''.

SEC. 5. DEFINITION OF RADIOACTIVE MATERIAL.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
    ``(21) The term `radioactive materials' includes source materials,
special nuclear materials, and byproduct materials (as such terms are
defined under the Atomic Energy Act of 1954) which are used, produced,
or managed at facilities not licensed by the Nuclear Regulatory
Commission.''.

Summary: Federal Facilities Clean Water Compliance Act of 1993 - Amends the Federal Water Pollution Control Act to waive immunity of the United States with respect to Federal, State, interstate, and local requirements, administrative authorities, sanctions, and penalties concerning water pollution control. Absolves Federal employees of personal liability for civil penalties under water pollution control laws for acts or omissions within the scope of official duties. Makes Federal employees subject to criminal sanctions under Federal or State water pollution control laws, but prohibits applying criminal sanctions to Federal agencies. Permits the imposition of civil penalties or the issuance of compliance orders against Federal agencies determined to be in violation of specified water pollution control or permit requirements. Authorizes the suspension or revocation of permits. Provides for the deposit of penalties into a fund to be used for water remediation and other restorative and preventive projects at Federal facilities. Includes Federal agencies within the definition of person for purposes of such Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Prescription Drug Discount Act
of 2002''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) More than 70,000,000 Americans, including more than
        18,000,000 Medicare beneficiaries, are uninsured or
        underinsured for prescription drug coverage.
            (2) High prescription drug prices are denying uninsured and
        underinsured Americans access to medically necessary care,
        thereby threatening their health and safety. Many of these
        Americans require repeated doctor or medical clinic
        appointments, becoming sicker because they cannot afford to
        take the drugs prescribed for them. Many are admitted to or
        treated at hospitals because they cannot afford the drugs
        prescribed for them that could have prevented the need for
        hospitalization. Many enter expensive institutional care
        settings because they cannot afford the prescription drugs that
        could have supported them outside of an institution. In each of
        these circumstances, uninsured and underinsured residents too
        often become medicaid recipients because of their inability to
        afford prescription drugs.
            (3) Pursuant to the Social Security Act, State medicaid
        programs receive discounts in the form of rebates for
        outpatient prescription drugs. On average, these rebates
        provide discounts of more than 40 percent off retail prices.
            (4) In 49 States, individual Americans do not have access
        to medicaid rebates. But in 1 State, since June 1, 2001, over
        100,000 Americans have received discounts from those rebates
        through the ``Healthy Maine'' program. This program,
        established as a demonstration project pursuant to a waiver
        from the Secretary of Health and Human Services has proven to
        work. Americans need that program replicated in every State,
        immediately.
            (5) The Federal and State governments are the only agents
        that, as a practical matter, can play an effective role as a
        market participant on behalf of Americans who are uninsured or
        underinsured.

SEC. 3. STATE PRESCRIPTION DISCOUNT PROGRAM.

    (a) In General.--Section 1927(a) of the Social Security Act (42
U.S.C. 1396r-8(a)) is amended by adding at the end the following:
            ``(7) Requirements relating to agreements for drugs
        procured by individuals through state prescription drug
        discount programs.--
                    ``(A) In general.--A manufacturer meets the
                requirements of this paragraph if the manufacturer
                enters into an agreement with the State to make rebate
                payments for drugs covered by a State prescription drug
                discount program in the same amounts as are paid by the
                manufacturer to the State for such drugs under a rebate
                agreement described in subsection (b).
                    ``(B) State prescription drug discount program
                defined.--
                            ``(i) In general.--In this paragraph, the
                        term `State prescription drug discount program'
                        means a State program under which, with respect
                        to a rebate period, not less than the amount
                        equal to 95 percent of all the rebates paid to
                        the State under agreements entered into under
                        subparagraph (A) during such period is provided
                        to eligible State residents in the form of
                        discounted prices for the purchase of
                        outpatient prescription drugs.
                            ``(ii) Eligible state resident.--For
                        purposes of clause (i), the term `eligible
                        State resident' means an individual who is a
                        State resident and--
                                    ``(I) who is eligible for benefits
                                under title XVIII; or
                                    ``(II) whose income does not exceed
                                300 percent of the income official
                                poverty line (as defined by the Office
                                of Management and Budget, and revised
                                annually in accordance with section
                                673(2) of the Omnibus Budget
                                Reconciliation Act of 1981) applicable
                                to a family of the size involved.
                            ``(iii) Additional subsidies.--Nothing in
                        this subparagraph shall be construed as--
                                    ``(I) requiring a State to expend
                                State funds to carry out a State
                                prescription drug discount program; or
                                    ``(II) prohibiting a State from
                                electing to contribute State funds to a
                                State prescription drug discount
                                program to provide greater subsidies to
                                eligible State residents for outpatient
                                prescription drugs covered under the
                                program.
                    ``(C) No offset against medical assistance.--
                Amounts received by a State under an agreement entered
                into under subparagraph (A) in any quarter shall not be
                considered to be a reduction in the amount expended
                under the State plan in the quarter for medical
                assistance for purposes of section 1903(a)(1).''.
    (b) Conforming Amendment.--The first sentence of section 1927(a)(1)
of the Social Security Act (42 U.S.C. 1396r-8(a)(1)) is amended, by
striking ``and paragraph (6)'' and inserting ``, paragraph (6), and
paragraph (7)''.

SEC. 4. ENHANCED REBATES FOR STATE MEDICAID PROGRAMS.

    Section 1927(b)(1)(B) of the Social Security Act (42 U.S.C. 1396r-
8(b)(1)(B) is amended--
            (1) by striking ``Amounts'' and inserting the following:
                            ``(i) In general.--Except as provided in
                        clause (ii) and subsection (a)(7)(C),
                        amounts''; and
            (2) by adding at the end the following:
                            ``(ii) Enhanced rebate.--In the case of a
                        State that has a State prescription drug
                        discount program described in subsection (a)(7)
                        and that has entered into a rebate agreement
                        described in paragraph (1) or (4) of subsection
                        (a) that provides a greater rebate for a
                        covered outpatient drug than the rebate that
                        would be paid for the covered outpatient drug
                        under subsection (c), then, notwithstanding
                        clause (i), only the amount equal to \1/2\ of
                        the difference between the amount received by
                        the State in any quarter under such a rebate
                        agreement and the amount of the rebate that
                        would be paid under subsection (c) for such
                        covered outpatient drug shall be considered to
                        be a reduction in the amount expended under the
                        State plan in the quarter for medical
                        assistance for purposes of section
                        1903(a)(1).''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act take effect on January 1, 2004.

Summary: State Prescription Drug Discount Act of 2002 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) require drug manufacturers to pay rebates to State prescription drug discount programs as a condition of participation in a rebate agreement for outpatient prescription drugs under the Medicaid program. And (2) provide for enhanced rebates for State prescription drug discount programs of States with rebate agreements.

A bill to amend title XIX of the Social Security Act to require drug manufacturers to pay rebates to State prescription drug discount programs as a condition of participation in a rebate agreement for outpatient prescription drugs under the medicaid program, to provide increased rebate payments to State medicaid programs, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Education for Democracy Act''.

SEC. 2. CIVIC EDUCATION.

    Part F of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8141 et seq.) is amended to read as follows:

                       ``PART F--CIVIC EDUCATION

``SEC. 10601. SHORT TITLE.

    ``This part may be cited as the `Education for Democracy Act'.

``SEC. 10602. FINDINGS.

    ``The Congress finds that--
            ``(1) college freshmen surveyed in 1997 by the Higher
        Education Research Institute at the University of California at
        Los Angeles demonstrated higher levels of disengagement, both
        academically and politically, than any previous entering class
        of students;
            ``(2) college freshmen in 1997 demonstrated the lowest
        levels of political interest in the 20-year history of surveys
        conducted by the Higher Education Research Institute at the
        University of California at Los Angeles;
            ``(3) United States secondary school students expressed
        relatively low levels of interest in politics and economics in
        a 1999 Harris survey;
            ``(4) the 28th Annual Phi Delta Kappa/Gallup Poll in 1996
        indicated that American citizens believe that the Nation's
        schools, apart from providing a basic education, had a very
        important role to play in preparing students to be responsible
        citizens;
            ``(5) Americans surveyed by the Organization of Economic
        Cooperation and Development indicated that only 59 percent had
        confidence that schools have a major effect on the development
        of good citizenship;
            ``(6) teachers too often do not have sufficient expertise
        in the subjects that they teach, and half of all secondary
        school history students in America are being taught by teachers
        with neither a major nor a minor in history;
            ``(7) secondary school students correctly answered less
        than half of the questions on a national test of economic
        knowledge in a 1999 Harris survey;
            ``(8) the most recent National Assessment of Educational
        Progress indicated that students have only superficial
        knowledge of, and lacked a depth of understanding regarding,
        civics;
            ``(9) civic and economic education are important not only
        to developing citizenship competencies in the United States but
        also are critical to supporting political stability and
        economic health in other democracies, particularly emerging
        democratic market economies;
            ``(10) international education exchange programs in civic
        and economic education have been shown to enhance both
        educational reform efforts in other democracies and educational
        quality in United States classrooms;
            ``(11) more than three quarters of Americans surveyed by
        the National Constitution Center in 1997 admitted that they
        knew only some or very little about the Constitution of the
        United States; and
            ``(12) the Constitution of the United States is too often
        viewed within the context of history and not as a living
        document that shapes current events.

``SEC. 10603. PURPOSE.

    ``It is the purpose of this part--
            ``(1) to improve the quality of civics and government
        education, and to enhance the attainment of the third and sixth
        National Education Goals, by educating students about the
        history and principles of the Constitution of the United
        States, including the Bill of Rights;
            ``(2) to foster civic competence and responsibility; and
            ``(3) to improve the quality of civic education and
        economic education through cooperative civic education and
        economic education exchange programs with other democratic
        nations.

``SEC. 10604. GENERAL AUTHORITY.

    ``(a) Grants and Contracts.--
            ``(1) In general.--The Secretary is authorized to award
        grants to or enter into contracts with--
                    ``(A) the Center for Civic Education to carry out
                civic education activities under sections 10605 and
                10606; and
                    ``(B) the National Council on Economic Education to
                carry out economic education activities under section
                10606.
            ``(2) Consultation.--The Secretary shall award the grants
        and contracts under section 10606 in consultation with the
        Secretary of State.
    ``(b) Distribution.--The Secretary shall use not more than 50
percent of the amount appropriated under section 10607(b) for each
fiscal year to carry out economic education activities under section
10606.

``SEC. 10605. WE THE PEOPLE PROGRAM.

    ``(a) The Citizen and the Constitution.--
            ``(1) In general.--The Center for Civic Education shall use
        funds awarded under section 10604(a)(1)(A) to carry out The
        Citizen and the Constitution program in accordance with this
        subsection.
            ``(2) Educational activities.--The Citizen and the
        Constitution program--
                    ``(A) shall continue and expand the educational
                activities of the `We the People . . . The Citizen and
                the Constitution' program administered by the Center
                for Civic Education;
                    ``(B) shall enhance student attainment of
                challenging content standards in civics and government;
                and
                    ``(C) shall provide--
                            ``(i) a course of instruction on the basic
                        principles of our Nation's constitutional
                        democracy and the history of the Constitution
                        of the United States and the Bill of Rights;
                            ``(ii) at the request of a participating
                        school, school and community simulated
                        congressional hearings following the course of
                        study;
                            ``(iii) an annual national competition of
                        simulated congressional hearings for secondary
                        school students who wish to participate in such
                        a program;
                            ``(iv) advanced training of teachers about
                        the Constitution of the United States and the
                        political system the United States created;
                            ``(v) materials and methods of instruction,
                        including teacher training, that utilize the
                        latest advancements in educational technology;
                        and
                            ``(vi) civic education materials and
                        services to address specific problems such as
                        the prevention of school violence and the abuse
                        of drugs and alcohol.
            ``(3) Availability of program.--The education program
        authorized under this subsection shall be made available to
        public and private elementary schools and secondary schools,
        including Bureau funded schools, in the 435 congressional
        districts, and in the District of Columbia, the Commonwealth of
        Puerto Rico, the United States Virgin Islands, Guam, American
        Samoa, and the Commonwealth of the Northern Mariana Islands.
    ``(b) Project Citizen.--
            ``(1) In general.--The Center for Civic Education shall use
        funds awarded under section 10604(a)(1)(A) to carry out The
        Project Citizen program in accordance with this subsection.
            ``(2) Educational activities.--The Project Citizen
        program--
                    ``(A) shall continue and expand the educational
                activities of the `We the People . . . Project Citizen'
                program administered by the Center for Civic Education;
                    ``(B) shall enhance student attainment of
                challenging content standards in civics and government;
                and
                    ``(C) shall provide--
                            ``(i) a course of instruction at the middle
                        school level on the roles of State and local
                        governments in the Federal system established
                        by the Constitution of the United States;
                            ``(ii) optional school and community
                        simulated State legislative hearings;
                            ``(iii) an annual national showcase or
                        competition;
                            ``(iv) advanced training of teachers on the
                        roles of State and local governments in the
                        Federal system established by the Constitution
                        of the United States;
                            ``(v) materials and methods of instruction,
                        including teacher training, that utilize the
                        latest advancements in educational technology;
                        and
                            ``(vi) civic education materials and
                        services to address specific problems such as
                        the prevention of school violence and the abuse
                        of drugs and alcohol.
            ``(3) Availability of program.--The education program
        authorized under this subsection shall be made available to
        public and private middle schools, including Bureau funded
        schools, in the 50 States of the United States, the District of
        Columbia, the Commonwealth of Puerto Rico, the United States
        Virgin Islands, Guam, American Samoa, and the Commonwealth of
        the Northern Mariana Islands.
    ``(c) Definition of Bureau Funded School.--In this section the term
`Bureau funded school' has the meaning given the term in section 1146
of the Education Amendments of 1978.

``SEC. 10606. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION
              EXCHANGE PROGRAMS.

    ``(a) Cooperative Education Exchange Programs.--The Center for
Civic Education and the National Council on Economic Education shall
use funds awarded under section 10604(a)(1) to carry out Cooperative
Education Exchange programs in accordance with this section.
    ``(b) Purpose.--The purpose of the Cooperative Education Exchange
programs provided under this section shall be to--
            ``(1) make available to educators from eligible countries
        exemplary curriculum and teacher training programs in civics
        and government education, and economics education, developed in
        the United States;
            ``(2) assist eligible countries in the adaptation,
        implementation, and institutionalization of such programs;
            ``(3) create and implement civics and government education,
        and economic education, programs for students that draw upon
        the experiences of the participating eligible countries;
            ``(4) provide a means for the exchange of ideas and
        experiences in civics and government education, and economic
        education, among political, educational, governmental, and
        private sector leaders of participating eligible countries; and
            ``(5) provide support for--
                    ``(A) research and evaluation to determine the
                effects of educational programs on students'
                development of the knowledge, skills, and traits of
                character essential for the preservation and
                improvement of constitutional democracy; and
                    ``(B) effective participation in and the
                preservation and improvement of an efficient market
                economy.
    ``(c) Avoidance of Duplication.--The Secretary shall consult with
the Secretary of State to ensure that--
            ``(1) activities under this section are not duplicative of
        other efforts in the eligible countries; and
            ``(2) partner institutions in the eligible countries are
        creditable.
    ``(d) Activities.--The Cooperative Education Exchange programs
shall--
            ``(1) provide eligible countries with--
                    ``(A) seminars on the basic principles of United
                States constitutional democracy and economics,
                including seminars on the major governmental and
                economic institutions and systems in the United States,
                and visits to such institutions;
                    ``(B) visits to school systems, institutions of
                higher education, and nonprofit organizations
                conducting exemplary programs in civics and government
                education, and economic education, in the United
                States;
                    ``(C) translations and adaptations regarding United
                States civic and government education, and economic
                education, curricular programs for students and
                teachers, and in the case of training programs for
                teachers translations and adaptations into forms useful
                in schools in eligible countries, and joint research
                projects in such areas;
                    ``(D) research and evaluation assistance to
                determine--
                            ``(i) the effects of the Cooperative
                        Education Exchange programs on students'
                        development of the knowledge, skills, and
                        traits of character essential for the
                        preservation and improvement of constitutional
                        democracy; and
                            ``(ii) effective participation in and the
                        preservation and improvement of an efficient
                        market economy;
            ``(2) provide United States participants with--
                    ``(A) seminars on the histories, economies, and
                systems of government of eligible countries;
                    ``(B) visits to school systems, institutions of
                higher education, and organizations conducting
                exemplary programs in civics and government education,
                and economic education, located in eligible countries;
                    ``(C) assistance from educators and scholars in
                eligible countries in the development of curricular
                materials on the history, government, and economy of
                such countries that are useful in United States
                classrooms;
                    ``(D) opportunities to provide onsite
                demonstrations of United States curricula and pedagogy
                for educational leaders in eligible countries; and
                    ``(E) research and evaluation assistance to
                determine--
                            ``(i) the effects of the Cooperative
                        Education Exchange programs on students'
                        development of the knowledge, skills, and
                        traits of character essential for the
                        preservation and improvement of constitutional
                        democracy; and
                            ``(ii) effective participation in and
                        improvement of an efficient market economy; and
            ``(3) assist participants from eligible countries and the
        United States to participate in international conferences on
        civics and government education, and economic education, for
        educational leaders, teacher trainers, scholars in related
        disciplines, and educational policymakers.
    ``(e) Participants.--The primary participants in the Cooperative
Education Exchange programs assisted under this section shall be
educational leaders in the areas of civics and government education,
and economic education, including curriculum and teacher training
specialists, scholars in relevant disciplines, and educational
policymakers, and government and private sector leaders from the United
States and eligible countries.
    ``(f) Definition.--For the purpose of this section, the term
`eligible country' means a Central European country, an Eastern
European country, Lithuania, Latvia, Estonia, the independent states of
the former Soviet Union as defined in section 3 of the FREEDOM Support
Act (22 U.S.C. 5801), and may include the Republic of Ireland, the
province of Northern Ireland in the United Kingdom, and any developing
country as defined in section 209(d) of the Education for the Deaf Act.

``SEC. 10607. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Section 10605.--There are authorized to be appropriated to
carry out section 10605, $10,000,000 for fiscal year 2000 and such sums
as may be necessary for each of the fiscal years 2001 through 2004.
    ``(b) Section 10606.--There are authorized to be appropriated to
carry out section 10606, $10,000,000 for fiscal year 2000 and such sums
as may be necessary for each of the fiscal years 2001 through 2004.''.

SEC. 3. REPEAL.

    Title VI of the Goals 2000: Educate America Act (20 U.S.C. 5951 et
seq.) is repealed.

Summary: Authorizes the Secretary of Education to make grants to or contracts with: (1) the Center for Civic Education (CCE) to carry out civic education activities under the We the People.. The Citizen and the Constitution program and The Project Citizen program, and under Cooperative Educational Exchange programs. And (2) the National Council on Economic Education (NCEE) to carry out economic education activities under Cooperative Educational Exchange programs. Revises requirements for CCE implementation of the We the People.. The Citizen and the Constitution program and The Project Citizen program. Sets forth requirements for the Cooperative Educational Exchange programs of civic education by CCE and economic education by NCEE. Makes eligible for such programs Central European countries, an Eastern European country, Lithuania, Latvia, Estonia, and the independent states of the former Soviet Union. Allows such program eligibility also for the Republic of Ireland, the province of Northern Ireland in the United Kingdom, and any developing country as defined under the Education for the Deaf Act. Authorizes appropriations through FY 2004 for: (1) the We the People.. The Citizen and the Constitution program and The Project Citizen program. And (2) the Cooperative Educational Exchange programs. Repeals title VI of the Goals 2000: Educate America Act.

Education for Democracy Act