SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Charitable Pension Flexibility Act
of 2013''.

SEC. 2. ELECTION TO CEASE TO BE TREATED AS AN ELIGIBLE CHARITY PLAN.

    (a) In General.--Subsection (d) of section 104 of the Pension
Protection Act of 2006, as added by section 202 of the Preservation of
Access to Care for Medicare Beneficiaries and Pension Relief Act of
2010, is amended by--
            (1) striking ``For purposes of'' and inserting ``(1) In
        general.--For purposes of'', and
            (2) adding at the end the following:
            ``(2) Election not to be an eligible charity plan.--A plan
        sponsor may elect for a plan to cease to be treated as an
        eligible charity plan for plan years beginning after December
        31, 2013. Such election shall be made at such time and in such
        form and manner as shall be prescribed by the Secretary of the
        Treasury. Any such election may be revoked only with the
        consent of the Secretary of the Treasury.
            ``(3) Election to use funding options available to other
        plan sponsors.--
                    ``(A) In general.--A plan sponsor that makes the
                election described in paragraph (2) may also elect for
                a plan to apply the rules described in subparagraphs
                (B), (C), and (D) for plan years beginning after
                December 31, 2013. Such election shall be made at such
                time and in such form and manner as shall be prescribed
                by the Secretary of the Treasury. Any such election may
                be revoked only with the consent of the Secretary of
                the Treasury.
                    ``(B) Applicable shortfall amortization bases.--
                Under the rules described in this subparagraph, for the
                first plan year beginning after December 31, 2013, a
                plan has--
                            ``(i) an 11-year shortfall amortization
                        base,
                            ``(ii) a 12-year shortfall amortization
                        base, and
                            ``(iii) a 7-year shortfall amortization
                        base.
                    ``(C) Determination of installments.--Under the
                rules described in this subparagraph, section
                430(c)(2)(A) and (B) of the Internal Revenue Code of
                1986 and section 303(c)(2)(A) and (B) of the Employee
                Retirement Income Security Act of 1974 shall be
                applied--
                            ``(i) in the case of an 11-year shortfall
                        amortization base, by substituting `11-plan-
                        year period' for `7-plan-year period' wherever
                        it appears, and
                            ``(ii) in the case a 12-year shortfall
                        amortization base, by substituting `12-plan-
                        year period' for `7-plan-year period' wherever
                        it appears.
                    ``(D) Alternate required installments.--Under the
                rules described in this subparagraph, section 430(c)(7)
                of the Internal Revenue Code of 1986 and section
                303(c)(7) of the Employee Retirement Income Security
                Act of 1974 shall apply to a plan for which an election
                has been made under subparagraph (A). Such provisions
                shall apply in the following manner:
                            ``(i) The first plan year beginning after
                        December 31, 2013, shall be treated as an
                        election year, and no other plan years shall be
                        so treated.
                            ``(ii) All references in section 430(c)(7)
                        of such Code and in section 303(c)(7) of such
                        Act to `February 28, 2010' or `March 1, 2010'
                        shall be treated as references to `February 28,
                        2013' or `March 1, 2013', respectively.
                    ``(E) 11-year shortfall amortization base.--For
                purposes of this paragraph, the 11-year shortfall
                amortization base is an amount, determined for the
                first plan year beginning after December 31, 2013,
                equal to the unamortized principal amount of the
                shortfall amortization base (as defined in section
                430(c)(3) of the Internal Revenue Code of 1986 and
                section 303(c)(3) of the Employee Retirement Income
                Security Act of 1974) that would have applied to the
                plan for the first plan year beginning after December
                31, 2009, if--
                            ``(i) the plan had never been an eligible
                        charity plan.
                            ``(ii) the plan sponsor had made the
                        election described in section 430(c)(2)(D)(i)
                        of the Internal Revenue Code of 1986 and in
                        section 303(c)(2)(D)(i) of the Employee
                        Retirement Income Security Act of 1974 to have
                        section 430(c)(2)(D)(iii) of such Code and
                        section 303(c)(2)(D)(iii) of such Act apply
                        with respect to the shortfall amortization base
                        for the first plan year beginning after
                        December 31, 2009, and
                            ``(iii) no event had occurred under
                        paragraph (6) or (7) of section 430(c) of such
                        Code or paragraph (6) or (7) of section 303(c)
                        of such Act that, as of the first day of the
                        first plan year beginning after December 31,
                        2013, would have modified the shortfall
                        amortization base or the shortfall amortization
                        installments with respect to the first plan
                        year beginning after December 31, 2009.
                    ``(F) 12-year shortfall amortization base.--For
                purposes of this paragraph, the 12-year shortfall
                amortization base is an amount, determined for the
                first plan year beginning after December 31, 2013,
                equal to the unamortized principal amount of the
                shortfall amortization base (as defined in section
                430(c)(3) of the Internal Revenue Code of 1986 and
                section 303(c)(3) of the Employee Retirement Income
                Security Act of 1974) that would have applied to the
                plan for the first plan beginning after December 31,
                2010, if--
                            ``(i) the plan had never been an eligible
                        charity plan,
                            ``(ii) the plan sponsor had made the
                        election described in section 430(c)(2)(D)(i)
                        of the Internal Revenue Code of 1986 and in
                        section 303(c)(2)(D)(i) of the Employee
                        Retirement Income Security Act of 1974 to have
                        section 430(c)(2)(D)(iii) of such Code and
                        section 303(c)(2)(D)(iii) of such Act apply
                        with respect to the shortfall amortization base
                        for the first plan year beginning after
                        December 31, 2010, and
                            ``(iii) no event had occurred under
                        paragraph (6) or (7) of section 430(c) of such
                        Code or paragraph (6) or (7) of section 303(c)
                        of such Act that, as of the first day of the
                        first plan year beginning after December 31,
                        2013, would have modified the shortfall
                        amortization base or the shortfall amortization
                        installments with respect to the first plan
                        year beginning after December 31, 2010.
                    ``(G) 7-year shortfall amortization base.--For
                purposes of this paragraph, the 7-year shortfall
                amortization base is an amount, determined for the
                first plan year beginning after December 31, 2013,
                equal to--
                            ``(i) the shortfall amortization base for
                        the first plan year beginning after December
                        31, 2013, without regard to this paragraph,
                        minus
                            ``(ii) the sum of the 11-year shortfall
                        amortization base and the 12-year shortfall
                        amortization base.''.
    (b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

Summary: Charitable Pension Flexibility Act of 2013 - Amends the Pension Protection Act of 2006, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, to allow the sponsor of a multiple-employer defined benefit pension plan to elect for a plan to cease to be treated as an eligible charity plan for plan years beginning after December 31, 2013. Permits revocation of such an election, however, only with the consent of the Secretary of the Treasury. Allows a plan sponsor also to elect to apply specified requirements with respect to the shortfall amortization base in minimum funding standards for such plans.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Residential and Commuter Toll
Fairness Act of 2009''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) Residents of various localities and political
        subdivisions throughout the United States are subject to tolls,
        user fees, and fares to access certain roads, highways,
        bridges, railroads, busses, ferries, and other transportation
        systems.
            (2) Revenue generated from transportation tolls, user fees,
        and fares is used to support various infrastructure maintenance
        and capital improvement projects that directly benefit
        commuters and indirectly benefit the regional and national
        economy.
            (3) Residents of certain municipalities, counties, and
        other localities endure significant or disproportionate toll,
        user fee, or fare burdens compared to others who have a greater
        number of transportation options because such residents--
                    (A) live in geographic areas that are not
                conveniently located to the access points for roads,
                highways, bridges, rail, busses, ferries, and other
                transportation systems;
                    (B) live on islands, peninsulas, or in other places
                that are only accessible through a means that requires
                them to pay a toll, user fee, or fare; or
                    (C) are required to pay much more for
                transportation access than residents of surrounding
                jurisdictions, or in other jurisdictions across the
                country, for similar transportation options.
            (4) To address this inequality, and to reduce the financial
        hardship often imposed on such residents, several State and
        municipal governments and multi-State transportation
        authorities have established programs that authorize discounted
        transportation tolls, user fees, and fares for such residents.
            (5) Transportation toll, user fee, and fare discount
        programs based on residential status--
                    (A) address actual unequal and undue financial
                burdens placed on residents who live in areas that are
                only accessible through a means that requires them to
                pay a toll, user fee, or fare;
                    (B) do not disadvantage or discriminate against
                those individuals ineligible for residential toll, user
                fee, or fare discount programs;
                    (C) are not designed to favor the interests or
                promote the domestic industry or economic development
                of the State implementing such programs;
                    (D) do not interfere or impose undue burdens on
                commerce with foreign nations or interfere or impose
                any undue burdens on commerce among the several States,
                or commerce within particular States;
                    (E) do not interfere or impose undue burdens on the
                ability of individuals to travel among, or within, the
                several States;
                    (F) do not constitute inequitable treatment or deny
                any person within the jurisdiction of the United States
                the equal protection of the laws; and
                    (G) do not abridge the privileges or immunities of
                citizens of the United States.
    (b) Purposes.--The purposes of this Act are--
            (1) to clarify the existing authority of States, counties,
        municipalities, and multi-jurisdictional transportation
        authorities to establish programs that offer discounted
        transportation tolls, user fees, and fares for residents in
        specific geographic areas; and
            (2) to authorize the establishment of such programs, as
        necessary.

SEC. 3. AUTHORIZATION OF LOCAL RESIDENTIAL OR COMMUTER TOLL, USER FEE
              OR FARE DISCOUNT PROGRAMS.

    (a) Authority To Provide Residential or Commuter Toll, User Fee, or
Fare Discount Programs.--States, counties, municipalities, and multi-
jurisdictional transportation authorities that operate or manage roads,
highways, bridges, railroads, busses, ferries, or other transportation
systems are authorized to establish programs that offer discounted
transportation tolls, user fees, or other fares for residents of
specific geographic areas in order to reduce or alleviate toll burdens
imposed upon such residents.
    (b) Rulemaking With Respect to the State, Local, or Agency
Provision of Toll, User Fee or Fare Discount Programs to Local
Residents or Commuters.--States, counties, municipalities, and multi-
jurisdictional transportation authorities that operate or manage roads,
highways, bridges, railroads, busses, ferries, or other transportation
systems are authorized to enact such rules or regulations that may be
necessary to establish the programs authorized under subsection (a).
    (c) Rule of Construction.--Nothing in this Act may be construed to
limit or otherwise interfere with the authority, as of the date of the
enactment of this Act, of States, counties, municipalities, and multi-
jurisdictional transportation authorities that operate or manage roads,
highways, bridges, railroads, busses, ferries, or other transportation
systems.

Summary: Residential and Commuter Toll Fairness Act of 2009 - Grants state, county, and municipal governments, as well as multi-jurisdictional transportation authorities that operate or manage roads, bridges, railroads, buses, ferries, or other transportation systems, rulemaking authority to establish toll, user fee, or fare discount programs for their local residents or commuters.

A bill to provide authority and sanction for the granting and issuance of programs for residential and commuter toll, user fee and fare discounts by States, municipalities, other localities, as well as all related agencies and departments thereof, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Over-Classification Reduction Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to increase Governmentwide information
sharing and the availability of information to the public by applying
standards and practices to reduce improper classification.

SEC. 3. OVER-CLASSIFICATION PREVENTION WITHIN THE FEDERAL GOVERNMENT.

    (a) Archivist Responsibilities.--
            (1) Regulations.--The Archivist of the United States, in
        consultation with the heads of affected Federal agencies, shall
        promulgate regulations to prevent the over-classification of
        information.
            (2) Requirements.--The regulations under this subsection
        shall--
                    (A) identify specific requirements to prevent the
                over-classification of information, including for
                determining--
                            (i) when classified products should be
                        prepared in a similar format governmentwide;
                        and
                            (ii) when classified products should also
                        be prepared in an unclassified format; taking
                        into consideration whether an unclassified
                        product would reasonably be expected to be of
                        any benefit to a State, local, tribal or
                        territorial government, law enforcement agency,
                        or other emergency response provider, the
                        private sector, or the public;
                    (B) ensure that compliance with this Act protects
                national security and privacy rights; and
                    (C) establish requirements for Federal agencies to
                implement, subject to chapter 71 of title 5, United
                States Code, including the following:
                            (i) The process whereby an individual may
                        challenge without retribution classification
                        decisions by another individual and be rewarded
                        with specific incentives for successful
                        challenges resulting in--
                                    (I) the removal of improper
                                classification markings; or
                                    (II) the correct application of
                                appropriate classification markings.
                            (ii) A method for informing individuals
                        that repeated failure to comply with the
                        regulations promulgated under this section
                        could subject them to a series of penalties.
                            (iii) Penalties for individuals who
                        repeatedly fail to comply with the regulations
                        promulgated under this section after having
                        received both notice of their noncompliance and
                        appropriate training or re-training to address
                        such noncompliance.
            (3) Consultation.--The regulations shall be promulgated in
        consultation, as appropriate, with representatives of State,
        local, tribal, and territorial governments; law enforcement
        entities; organizations with expertise in civil rights,
        employee and labor rights, civil liberties, and government
        oversight; and the private sector.
            (4) Deadline.--The regulations under this subsection shall
        be promulgated in final form not later than one year after the
        date of the enactment of this Act.
    (b) Inspector General Responsibilities.--Consistent with the
Inspector General Act of 1978 (5 U.S.C. App.) and section 17 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403q), the Inspector
General of each affected Federal agency, in consultation with the
Archivist, shall randomly audit classified information from each
component of the agency with employees that have classification
authority. In conducting any such audit, the Inspector General shall--
            (1) assess whether applicable classification policies,
        procedures, rules, and regulations have been followed;
            (2) describe any problems with the administration of the
        applicable classification policies, procedures, rules, and
        regulations, including specific non-compliance issues;
            (3) recommend improvements in awareness and training to
        address any problems identified under paragraph (2); and
            (4) report to Congress, the Archivist, and the public, in
        an appropriate format, on the findings of the Inspector
        General's audits under this section.

SEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION WITHIN THE
              FEDERAL GOVERNMENT.

    (a) Personal Identifiers.--
            (1) In general.--For purposes described in paragraph (2),
        the Archivist of the United States shall require that, at the
        time of classification of information, the following shall
        appear on the information:
                    (A) The name, personal identifier, or unique agency
                identifier of the individual applying classification
                markings to the information.
                    (B) The agency, office, and position of the
                individual.
            (2) Purposes.--The purposes described in this paragraph are
        as follows:
                    (A) To enable the agency to identify and address
                over-classification problems, including the
                classification of information that should not be
                classified.
                    (B) To assess the information sharing impact of any
                such problems.
    (b) Training.--When implementing the security education and
training program pursuant to Executive Order 12958, Executive Order
12829, and successor appropriate Executive Orders, the Archivist,
subject to chapter 71 of title 5, United States Code, shall, in
consultation with heads of affected Federal agencies--
            (1) integrate training to educate about--
                    (A) the prevention of over-classification of
                information;
                    (B) the proper use of classification markings,
                including portion markings;
                    (C) the consequences of over-classification and
                other repeated improper uses of classification
                markings, including the misapplication of
                classification markings to information that does not
                merit such markings, and of failing to comply with the
                policies and procedures established under or pursuant
                to this section, including the negative consequences
                for the individual's personnel evaluation, information
                sharing, and the overall success of the agency's
                missions; and
                    (D) information relating to lessons learned from
                implementation of the regulations including affected
                Federal agency internal audits and Inspector General
                audits, as provided under this Act; and
            (2) ensure that such program is conducted efficiently, in
        conjunction with any other security, intelligence, or other
        training programs required by the agency to reduce the costs
        and administrative burdens associated with the additional
        training required by this section.
    (c) Detailee Program.--
            (1) Requirement for program.--The Archivist, subject to
        chapter 71 of title 5, United States Code, in consultation with
        heads of affected Federal agencies, shall implement a detailee
        program to detail Federal agency personnel, on a
        nonreimbursable basis, to the National Archives and Records
        Administration for the purpose of--
                    (A) training and educational benefit for the agency
                personnel assigned so that they may better understand
                the policies, procedures and laws governing
                classification authorities;
                    (B) bolstering the ability of the National Archives
                and Records Administration to conduct its oversight
                authorities over agencies; and
                    (C) ensuring that the policies and procedures
                established by the agencies remain consistent with
                those established by the Archivist of the United
                States.
            (2) Sunset of detailee program.--Except as otherwise
        provided by law, this subsection shall cease to have effect on
        December 31, 2012.

SEC. 5. DEFINITIONS.

    In this Act:
    (1) Information.--The term ``information'' means any communicable
knowledge or documentary material, regardless of its physical form or
characteristics, that is owned by, is produced by or for, or is under
the control of the Federal Government.
    (2) Federal Agency.--The term ``Federal agency'' means--
            (A) any Executive agency, as that term is defined in
        section 105 of title 5, United States Code;
            (B) any military department, as that term is defined in
        section 102 of such title; and
            (C) any other entity within the executive branch that comes
        into the possession of classified information.
    (3) Affected Federal Agency.--The term ``affected Federal agency''
means any Federal agency that employs an individual with original or
derivative classification authority.

            Passed the House of Representatives September 9, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Over-Classification Reduction Act - Requires the Archivist of the United States to promulgate regulations to prevent the over-classification of information. Requires the Inspector General of each federal agency that employs an individual with original or derivative classification authority to randomly audit classified information from each agency component with employees that have classification authority. Directs the Archivist: (1) to require, at the time of classification of information, personal identifiers or unique agency identifiers of the individual applying classification markings, including the individual's agency, office, and position, to appear on the information. (2) when implementing the security education and training program pursuant to specified executive orders, to integrate training about the prevention of over-classification of information, the proper use of classification markings, the consequences of over-classification, and the lessons learned from implementation of the regulations. And (3) to implement a detailee program to detail federal agency personnel, on a nonreimbursable basis, to the National Archives and Records Administration (NARA) for training.

To require the Archivist of the United States to promulgate regulations to prevent the over-classification of information, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FBI Counterintelligence Act of
1994''.

SEC. 2. DISCLOSURE OF INFORMATION AND CONSUMER REPORTS TO FBI FOR
              COUNTERINTELLIGENCE PURPOSES.

    (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by adding after section 623 the following new section:
``Sec. 624. Disclosures to FBI for counterintelligence purposes
    ``(a) Identity of Financial Institutions.--Notwithstanding section
604 or any other provision of this title, a consumer reporting agency
shall furnish to the Federal Bureau of Investigation the names and
addresses of all financial institutions (as that term is defined in
section 1101 of the Right to Financial Privacy Act of 1978) at which a
consumer maintains or has maintained an account, to the extent that
information is in the files of the agency, when presented with a
written request for that information, signed by the Director of the
Federal Bureau of Investigation, or the Director's designee, which
certifies compliance with this section. The Director or the Director's
designee may make such a certification only if the Director or the
Director's designee has determined in writing that--
            ``(1) such information is necessary for the conduct of an
        authorized foreign counterintelligence investigation; and
            ``(2) there are specific and articulable facts giving
        reason to believe that the consumer--
                    ``(A) is a foreign power (as defined in section 101
                of the Foreign Intelligence Surveillance Act of 1978)
                or a person who is not a United States person (as
                defined in such section 101) and is an official of a
                foreign power; or
                    ``(B) is an agent of a foreign power and is
                engaging or has engaged in international terrorism (as
                that term is defined in section 101(c) of the Foreign
                Intelligence Surveillance Act of 1978) or clandestine
                intelligence activities that involve or may involve a
                violation of criminal statutes of the United States.
    ``(b) Identifying Information.--Notwithstanding the provisions of
section 604 or any other provision of this title, a consumer reporting
agency shall furnish identifying information respecting a consumer,
limited to name, address, former addresses, places of employment, or
former places of employment, to the Federal Bureau of Investigation
when presented with a written request, signed by the Director or the
Director's designee, which certifies compliance with this subsection.
The Director or the Director's designee may make such a certification
only if the Director or the Director's designee has determined in
writing that--
            ``(1) such information is necessary to the conduct of an
        authorized counterintelligence investigation; and
            ``(2) there is information giving reason to believe that
        the consumer has been, or is about to be, in contact with a
        foreign power or an agent of a foreign power (as defined in
        section 101 of the Foreign Intelligence Surveillance Act of
        1978).
    ``(c) Court Order for Disclosure of Consumer Reports.--
Notwithstanding section 604 or any other provision of this title, if
requested in writing by the Director of the Federal Bureau of
Investigation, or a designee of the Director, a court may issue an
order ex parte directing a consumer reporting agency to furnish a
consumer report to the Federal Bureau of Investigation, upon a showing
in camera that--
            ``(1) the consumer report is necessary for the conduct of
        an authorized foreign counterintelligence investigation; and
            ``(2) there are specific and articulable facts giving
        reason to believe that the consumer whose consumer report is
        sought--
                    ``(A) is an agent of a foreign power; and
                    ``(B) is engaging or has engaged in international
                terrorism (as that term is defined in section 101(c) of
                the Foreign Intelligence Surveillance Act of 1978) or
                clandestine intelligence activities that involve or may
                involve a violation of criminal statutes of the United
                States.
The terms of an order issued under this subsection shall not disclose
that the order is issued for purposes of a counterintelligence
investigation.
    ``(d) Confidentiality.--No consumer reporting agency or officer,
employee, or agent of a consumer reporting agency shall disclose to any
person, other than those officers, employees, or agents of a consumer
reporting agency necessary to fulfill the requirement to disclose
information to the Federal Bureau of Investigation under this section,
that the Federal Bureau of Investigation has sought or obtained the
identity of financial institutions or a consumer report respecting any
consumer under subsection (a), (b), or (c) and no consumer reporting
agency or officer, employee, or agent of a consumer reporting agency
shall include in any consumer report any information that would
indicate that the Federal Bureau of Investigation has sought or
obtained such information or a consumer report.
    ``(e) Payment of Fees.--The Federal Bureau of Investigation shall,
subject to the availability of appropriations, pay to the consumer
reporting agency assembling or providing reports or information in
accordance with procedures established under this section, a fee for
reimbursement for such costs as are reasonably necessary and which have
been directly incurred in searching, reproducing, or transporting
books, papers, records, or other data required or requested to be
produced under this section.
    ``(f) Limit on Dissemination.--The Federal Bureau of Investigation
may not disseminate information obtained pursuant to this section
outside of the Federal Bureau of Investigation, except to the
Department of Justice as may be necessary for the approval or conduct
of a foreign counterintelligence investigation, or, where the
information concerns a person subject to the Uniform Code of Military
Justice, to appropriate investigative authorities within the military
department concerned as may be necessary for the conduct of a joint
foreign counterintelligence investigation.
    ``(g) Rules of Construction.--Nothing in this section shall be
construed to prohibit information from being furnished by the Federal
Bureau of Investigation pursuant to a subpoena or court order, or in
connection with a judicial or administrative proceeding to enforce the
provisions of this Act. Nothing in this section shall be construed to
authorize or permit the withholding or information from the Congress.
    ``(h) Reports to Congress.--On a semiannual basis, the Attorney
General of the United States shall fully inform the Permanent Select
Committee on Intelligence and the Committee on Banking, Finance and
Urban Affairs of the House of Representatives, and the Select Committee
on Intelligence and the Committee on Banking, Housing, and Urban
Affairs of the Senate concerning all requests made pursuant to
subsections (a), (b), and (c).
    ``(i) Damages.--Any agency or department of the United States
obtaining or disclosing any consumer reports, records, or information
contained therein in violation of this section is liable to the
consumer to whom such consumer reports, records, or information relate
in an amount equal to the sum of--
            ``(1) $100, without regard to the volume of consumer
        reports, records, or information involved;
            ``(2) any actual damages sustained by the consumer as a
        result of the disclosure;
            ``(3) if the violation is found to have been willful or
        intentional, such punitive damages as a court may allow; and
            ``(4) in the case of any successful action to enforce
        liability under this subsection, the costs of the action,
        together with reasonable attorney fees, as determined by the
        court.
    ``(j) Disciplinary Actions for Violations.--If a court determines
that any agency or department of the United States has violated any
provision of this section and the court finds that the circumstances
surrounding the violation raise questions of whether or not an officer
or employee of the agency or department acted willfully or
intentionally with respect to the violation, the agency or department
shall promptly initiate a proceeding to determine whether or not
disciplinary action is warranted against the officer or employee who
was responsible for the violation.
    ``(k) Good-Faith Exception.--Notwithstanding any other provision of
this title, any consumer reporting agency or agent or employee thereof
making disclosure of consumer reports or identifying information
pursuant to this subsection in good-faith reliance upon a certification
of the Federal Bureau of Investigation pursuant to provisions of this
section shall not be liable to any person for such disclosure under
this title, the constitution of any State, or any law or regulation of
any State or any political subdivision of any State.
    ``(l) Limitation of Remedies.--Notwithstanding any other provision
of this title, the remedies and sanctions set forth in this section
shall be the only judicial remedies and sanctions for violation of this
section.
    ``(m) Injunctive Relief.--In addition to any other remedy contained
in this section, injunctive relief shall be available to require
compliance with the procedures of this section. In the event of any
successful action under this subsection, costs together with reasonable
attorney fees, as determined by the court, may be recovered.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by
adding after the item relating to section 623 the following:

``624. Disclosures to FBI for counterintelligence purposes.''.
    (c) Repeal of Provisions.--
            (1) Repeal.--The following provisions of the Fair Credit
        Reporting Act, as added by this section, are repealed:
                    (A) Section 624.
                    (B) In the table of contents at the beginning of
                the Fair Credit Reporting Act, the item relating to
                section 624.
            (2) Effective date.--Paragraph (1) shall take effect on the
        date that is 5 years after the date of the enactment of this
        Act.

SEC. 3. LIMITATION ON APPLICATION OF SECTION 2 AND REPEAL OF ANY
              AMENDMENTS MADE.

    Section 2 shall not have any legal effect after the date of the
enactment of the Consumer Reporting Reform Act of 1994. Any provisions
of the Fair Credit Reporting Act that were added to that Act by the
amendments made by section 2 of this Act are repealed effective on the
date of the enactment of the Consumer Reporting Reform Act of 1994.

            Passed the House of Representatives October 5, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

Summary: FBI Counterintelligence Act of 1994 - Amends the Fair Credit Reporting Act to require a consumer reporting agency (agency) to furnish to the Federal Bureau of Investigation (FBI) the names and addresses of all financial institutions at which a consumer maintains or has maintained an account, to the extent that such information is in the agency's files, when presented with a written request signed by the Director of the FBI which certifies compliance with this Act. Permits the Director to make such certification only upon determining in writing that: (1) such information is necessary for the conduct of an authorized foreign counterintelligence investigation. And (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or an official of a foreign power or an agent of a foreign power engaging in international terrorism or clandestine intelligence activities involving a violation of US criminal statutes . Requires an agency to furnish certain identifying information respecting a consumer to the FBI when presented with such a written request. Authorizes a court to issue an order ex parte directing an agency to furnish a consumer report to the FBI if requested in writing by the Director upon a showing in camera that: (1) the consumer report is necessary for the conduct of an authorized foreign counterintelligence investigation. And (2) there are specific and articulable facts giving reason to believe that the consumer whose consumer report is sought is an agent of a foreign power and is engaging or has engaged in international terrorism or clandestine activities. Sets forth provisions regarding: (1) confidentiality, (2) payment of fees, (3) limits on dissemination, (4) reporting requirements, (5) damages, (6) disciplinary actions for violations, (7) a good-faith exception, (8) limitation of remedies. And (9) injunctive relief and costs. Terminates this Act five years after its enactment.

FBI Counterintelligence Act of 1994


SECTION 1. HAYING AND GRAZING.

    (a) Wheat.--Subparagraph (C) of section 107B(e)(4) of the
Agricultural Act of 1949 (7 U.S.C. 1445b-3a(e)(4)(C)) is amended to
read as follows:
                    ``(C) Haying and grazing.--
                            ``(i) In general.--Haying and grazing of
                        reduced acreage, acreage devoted to a
                        conservation use under subsection (c)(1)(E),
                        and acreage diverted from production under a
                        land diversion program established under this
                        section shall be permitted--
                                    ``(I) except during any consecutive
                                5-month period that is established by
                                the State committee established under
                                section 8(b) of the Soil Conservation
                                and Domestic Allotment Act (16 U.S.C.
                                590h(b)) for a State; or
                                    ``(II) during the 5-month period
                                referred to in subclause (I) by the
                                Secretary for any producer who elects
                                to pay a fee equal to--
                                            ``(aa) in the case of
                                        grazing, the grazing fee in
                                        effect as established by the
                                        Bureau of Land Management; and
                                            ``(bb) in the case of
                                        haying, a haying fee
                                        established by the Bureau of
                                        Land Management that is
                                        comparable to the grazing fee.
                            ``(ii) 5-month period.--The State committee
                        for a State shall, in consultation with
                        wildlife agencies of the State, establish the
                        5-month period referred to in clause (i) during
                        the period beginning April 1, and ending
                        October 31, of a year.
                            ``(iii) Alfalfa.--The Secretary may not
                        exclude irrigated or irrigable acreage not
                        planted to alfalfa when exercising the
                        authority of the Secretary under this
                        subparagraph.''.
    (b) Feed Grains.--Subparagraph (C) of section 105B(e)(4) of the
Agricultural Act of 1949 (7 U.S.C. 1444f(e)(4)(C)) is amended to read
as follows:
                    ``(C) Haying and grazing.--
                            ``(i) In general.--Haying and grazing of
                        reduced acreage, acreage devoted to a
                        conservation use under subsection (c)(1)(E),
                        and acreage diverted from production under a
                        land diversion program established under this
                        section shall be permitted--
                                    ``(I) except during any consecutive
                                5-month period that is established by
                                the State committee established under
                                section 8(b) of the Soil Conservation
                                and Domestic Allotment Act (16 U.S.C.
                                590h(b)) for a State; or
                                    ``(II) during the 5-month period
                                referred to in subclause (I) by the
                                Secretary for any producer who elects
                                to pay a fee equal to--
                                            ``(aa) in the case of
                                        grazing, the grazing fee in
                                        effect as established by the
                                        Bureau of Land Management; and
                                            ``(bb) in the case of
                                        haying, a haying fee
                                        established by the Bureau of
                                        Land Management that is
                                        comparable to the grazing fee.
                            ``(ii) 5-month period.--The State committee
                        for a State shall, in consultation with
                        wildlife agencies of the State, establish the
                        5-month period referred to in clause (i) during
                        the period beginning April 1, and ending
                        October 31, of a year.
                            ``(iii) Alfalfa.--The Secretary may not
                        exclude irrigated or irrigable acreage not
                        planted to alfalfa when exercising the
                        authority of the Secretary under this
                        subparagraph.''.

Summary: Amends the Agricultural Act of 1949 to modify the authority for haying and grazing on wheat and feed grain reduced acreage, including a provision under which producers can elect to lease such acreage back for specified fees.

A bill to amend the Agricultural Act of 1949 to modify the authority for haying and grazing on wheat and feed grain reduced acreage, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Helping Empower Low-income Parents
(HELP) Scholarships Amendments of 1997''.

SEC. 2. DEFINITIONS.

    Section 6003 of the Elementary and Secondary Education Act of 1965
is amended--
            (1) in the section heading by striking ``definition'' and
        inserting ``definitions'';
            (2) by striking ``(1)'', ``(2)'', and ``(3)'';
            (3) in the matter proceeding subparagraph (A), by striking
        `` title the term'' and inserting the following:
``title--
            ``(1) the term'';
            (4) by striking the period at the end; and
            (5) by adding at the end the following:
            ``(2) the term `poverty line' means the poverty line (as
        defined by the Office of Management and Budget, and revised
        annually in accordance with section 673(2) of the Community
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a
        family of the size involved; and
            ``(3) the term `voluntary public and private parental
        choice program' means a program that meets the requirements of
        section 6301(b)(9), is authorized by State law, and includes 1
        or more private schools to allow low-income parents to choose
        the appropriate school for their children.''.

SEC. 3. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

    Section 6102(a) of the Elementary and Secondary Education Act of
1965 is amended to read as follows:
    ``(a) Distribution Rule.--
            ``(1) In general.--Except as provided in paragraph (2),
        from the sums made available each year to carry out this title,
        the State educational agency shall distribute not less than 90
        percent to local educational agencies within such State
        according to the relative enrollments in public and private,
        nonprofit schools within the school districts of such agencies,
        adjusted, in accordance with criteria approved by the
        Secretary, to provide higher per pupil allocations to local
        educational agencies which have the greatest numbers or
        percentages of children whose education imposes a higher than
        average cost per child, such as--
                    ``(A) children living in areas with high
                concentrations of low-income families;
                    ``(B) children from low-income families; and
                    ``(C) children living in sparsely populated areas.
            ``(2) Exception.--A State that has enacted or will enact a
        law that establishes a voluntary public and private parental
        choice program and that complies with the provisions of section
        6301(b)(9) may reserve an additional 15 percent from the sums
        made available each year to carry out this title if the
        additional amount reserved is used exclusively for voluntary
        public and private parental choice programs.''.

SEC. 4. USES OF FUNDS.

    (a) State Uses of Funds.--Section 6201(a)(1) of the Elementary and
Secondary Education Act of 1965 is amended--
            (1) in subparagraph (C), by striking ``and'' after the
        semicolon;
            (2) by inserting after subparagraph (C) the following:
                    ``(D) establishing voluntary public and private
                parental choice programs in accordance with section
                6301(b)(9); and''.
    (b) Local Uses of Funds.--Section 6301(b) of the Elementary and
Secondary Education Act of 1965 is amended--
            (1) in paragraph (7), by striking ``and'' after the
        semicolon;
            (2) in paragraph (8), by striking the period and inserting
        ``; and''; and
            (3) by inserting after paragraph (8) the following:
            ``(9) voluntary public and private parental choice programs
        that--
                    ``(A) are located in an area that has the greatest
                numbers or percentages of children--
                            ``(i) living in areas with a high
                        concentration of low-income families;
                            ``(ii) from low-income families; or
                            ``(iii) living in sparsely populated areas;
                    ``(B) ensure that participation in such a voluntary
                public and private parental choice program is limited
                to families whose family income does not exceed 185
                percent of the poverty line;
                    ``(C) ensure that--
                            ``(i) the maximum amount of a voluntary
                        public and private parental choice scholarship
                        does not exceed the per pupil expenditure of
the local educational agency in which an applicant for a voluntary
public and private parental choice scholarship resides;
                            ``(ii) the minimum amount of a voluntary
                        public and private parental choice scholarship
                        is not less than 60 percent of the per pupil
                        expenditure of the local educational agency in
                        which an applicant for a voluntary public and
                        private parental choice scholarship resides or
                        the cost of tuition at a private school,
                        whichever is less;
                    ``(D) ensure that for a private school that chooses
                to participate in a voluntary public and private
                parental choice program--
                            ``(i) such a school is permitted to impose
                        the same academic requirements for all
                        students, including students selected for a
                        scholarship as provided under this paragraph;
                            ``(ii) receipt of funds under this title is
                        not conditioned with requirements or
                        regulations that preclude the use of such funds
                        for sectarian educational purposes or require
                        removal of religious art, icons, scripture, or
                        other symbols; and
                            ``(iii) such a school is in compliance with
                        all State requirements applicable to the
                        operation of a private school that are in
                        effect in the year preceding the date of the
                        enactment of the Helping Empower Low-income
                        Parents (HELP) Scholarships Amendments of 1997;
                    ``(E) may allow State, local, and private funds to
                be used for voluntary public and private parental
                choice programs; and
                    ``(F) ensure priority for students who were
                enrolled in a public school in the school year
                preceding the school year in which a voluntary public
                and private parental choice school begins operation.''.

SEC. 5. EVALUATION.

    Part D of title VI of the Elementary and Secondary Education Act of
1965 is amended--
            (1) by adding at the end of section 6402 the following new
        subsection:
    ``(j) Application.--This section shall not apply to a State or
local educational agency that uses funds to establish a voluntary
public and private parental choice program in accordance with section
6301(b)(9).''; and
            (2) by adding at the end of such part the following new
        sections:

``SEC. 6404. EVALUATION.

    ``(a) Annual Evaluation.--
            ``(1) Contract.--The Comptroller General of the United
        States shall enter into a contract, with an evaluating agency
        that has demonstrated experience in conducting evaluations, for
        the conduct of an ongoing rigorous evaluation of the programs
        established under section 6301(b)(9).
            ``(2) Annual evaluation requirement.--The contract
        described in paragraph (1) shall require the evaluating agency
        entering into such contract to evaluate annually each program
        established under section 6301(b)(9) in accordance with the
        evaluation criteria described in subsection (b).
            ``(3) Transmission.--The contract described in paragraph
        (1) shall require the evaluating agency entering into such
        contract to transmit to the Comptroller General of the United
        States the findings of each annual evaluation under paragraph
        (1).
    ``(b) Evaluation Criteria.--The Comptroller General of the United
States, in consultation with the Secretary, shall establish minimum
criteria for evaluating each program established under section
6301(b)(9). Such criteria shall provide for--
            ``(1) a description of the implementation of each program
        established under section 6301(b)(9) and the program's effects
        on all participants, schools, and communities in the program
        area, with particular attention given to the effect of parent
        participation in the life of the school and the level of
        parental satisfaction with the program; and
            ``(2) a comparison of the educational achievement of all
        students in the program area, including a comparison between--
                    ``(A) students receiving a voluntary public and
                private parental choice scholarships under section
                6301(b)(9); and
                    ``(B) students not receiving a voluntary public and
                private parental choice scholarships under such
                section.
    ``(c) Evaluation Funds.--Pursuant to the authority provided under
section 14701, the Secretary shall reserve not more than 0.50 percent
of the amount of funds made available under section 6002 to carry out
this section.

``SEC. 6405. APPLICABILITY.

    ``(a) Not School Aid.--Subject to subsection (b), funds used under
this title to establish a voluntary public and private parental choice
program shall be considered assistance to the student and shall not be
considered as assistance to any school that chooses to participate in
such program.
    ``(b) Not Income.--For purposes of Federal tax laws or for
determining eligibility for any other Federal program, a voluntary
public and private parental choice scholarship provided under this
title shall not be treated as income or assistance to the student or
the parents of such student.
    ``(c) No Federal Control.--The Secretary is not permitted to
exercise any direction, supervision, or control over curricula, program
of instruction, administration, or personnel of any school that chooses
to participate in a voluntary public and private choice program
established under 6309(b)(9).''.

Summary: Helping Empower Low-income Parents (HELP) Scholarships Amendments of 1997 - Amends title VI of the Elementary and Secondary Education Act of 1965 (ESEA) to allow any State that has enacted or will enact a law establishing a voluntary public and private school parental choice scholarship program in compliance with specified ESEA requirements to reserve an additional 15 percent from its annual title IV allotment for use exclusively for such parental choice programs. Requires State educational agencies, except in the case of such programs, to distribute 90 percent of title VI funds to local educational agencies based on criteria which gives priority to low-income families and areas. Includes such parental choice programs among State and local uses of title VI funds. Requires such parental choice programs to be located in an area that has the greatest numbers or percentages of children: (1) living in areas with a high concentration of low-income families, (2) from low-income families. Or (3) living in sparsely populated areas. Requires such programs to ensure that program participation is limited to families whose family income does not exceed 185 percent of the poverty line. Directs the Comptroller General to make contracts for annual evaluation of each parental choice program. Requires the Secretary of Education to reserve certain funds for such evaluations. Provides that title VI funds to establish a parental choice program shall be considered assistance to the student and shall not be considered as assistance to any school that chooses to participate in such program. Prohibits the Secretary from exercising any direction, supervision, or control over curricula, program of instruction, administration, or personnel of any school that chooses to participate in a parental choice program. Provides that, for purposes of Federal tax laws or for determining eligibility for any other Federal program, a parental choice scholarship shall not be treated as income or assistance to the student or parents.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``High Performance Schools Act of
2001''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) American K-12 schools spend over $6 billion annually on
        energy costs, which is more than is spent on books and
        computers combined.
            (2) Educators teach and students learn best in an
        environment that is comfortable, healthy, naturally lit where
        possible, and in good repair, and studies have indicated that
        student achievement is greater and attendance higher when those
        conditions are met.
            (3) Over half of our Nation's K-12 schools are more than 40
        years old and in need of renovation to reach such standard of
        efficiency and comfort, and 6,000 new schools will be required
        over the next 10 years to accommodate the growing number of
        students.
            (4) Inadequate ventilation in school buildings, poor
        lighting and acoustical quality, and uncomfortable temperatures
        can diminish students' capacity to concentrate and excel.
            (5) Inefficient use of water, either in consumption or from
        poorly maintained systems, is prevalent in older schools.
            (6) Using a whole building approach in the design of new
        schools and the renovation of existing schools--considering how
        materials, systems, and products connect and overlap and also
        how a school is integrated on its site and within the
        surrounding community--will result in high performance school
        buildings.
            (7) Adoption of whole building concepts has been shown to
        result in dramatic improvements in student and teacher
        performance.
            (8) Adopting a whole building approach usually results in a
        lower life cycle cost for the school building than for a
        conventionally designed and built building.
            (9) Systematic use of energy conservation in school
        construction and renovation projects can save at least one
        quarter of current energy costs, leaving more money for
        teachers and educational materials.
            (10) The use of renewable energy sources such as
        daylighting, passive solar heating, photovoltaics, wind,
        geothermal, hydropower, and biomass power in a building already
        designed to be low-energy can help meet the building's energy
        needs without added emissions.
            (11) Using environmentally preferable products and
        providing for adequate supplies of fresh air will improve
        indoor air quality and provide healthful school buildings.
            (12) Most school districts do not have the knowledge of
        cutting-edge design and technologies to implement optimum
        efficiency into new school construction or into school
        renovations.
    (b) Purpose.--It is the purpose of this Act to assist school
districts in the production, through construction or renovation, of
high performance elementary and secondary school buildings that are
healthful, productive, energy efficient, and environmentally sound.

SEC. 3. PROGRAM ESTABLISHMENT AND ADMINISTRATION.

    (a) Establishment.--There is established in the Department of
Energy the High Performance Schools Program (in this Act referred to as
the ``Program'').
    (b) In General.--The Secretary of Energy may, through the Program,
make grants--
            (1) to be provided to school districts to implement the
        purpose of this Act for new and existing school buildings;
            (2) to State energy offices to administer the program of
        assistance to school districts pursuant to this Act; and
            (3) to State energy offices to promote participation by
        school districts in the program established by this Act.
    (c) Grants To Assist School Districts.--Grants under subsection
(b)(1) for new school buildings shall be used to achieve energy
efficiency performance that reduces energy use at least 30 percent
below that of a school constructed in compliance with standards
prescribed in Chapter 8 of the 2000 International Energy Conservation
Code, or a similar State code intended to achieve substantially
equivalent results. Grants under subsection (b)(1) for existing school
buildings shall be used to achieve energy efficiency performance that
reduces energy use below the school's baseline consumption, assuming a
3-year, weather-normalized average for calculating such baseline.
Grants under subsection (b)(1) shall be made to school districts that
have--
            (1) demonstrated a need for such grants in order to respond
        appropriately to increasing elementary and secondary school
        enrollments or to make major investments in renovation of
        school facilities; and
            (2) made a commitment to use the grant funds to develop
        high performance school buildings in accordance with the plan
        developed and approved pursuant to subsection (e)(1).
    (d) Other Grants.--
            (1) Grants for administration.--Grants under subsection
        (b)(2) shall be used to evaluate compliance by school districts
        with requirements of this Act and in addition may be used for--
                    (A) distributing information and materials to
                clearly define and promote the development of high
                performance school buildings for both new and existing
                facilities;
                    (B) organizing and conducting programs for school
                board members, school district personnel, architects,
                engineers, and others to advance the concepts of high
                performance school buildings;
                    (C) obtaining technical services and assistance in
                planning and designing high performance school
                buildings; and
                    (D) collecting and monitoring data and information
                pertaining to the high performance school building
                projects.
            (2) Grants to promote participation.--Grants under
        subsection (b)(3) may be used for promotional and marketing
        activities, including facilitating private and public
        financing, promoting the use of energy service companies,
        working with school administrations, students, and communities,
        and coordinating public benefit programs.
    (e) Implementation.--
            (1) Plans.--Grants under subsection (b)(1) shall be
        provided only to school districts that, in consultation with
        State offices of energy and education, have developed plans
        that the State energy office determines to be feasible and
        appropriate in order to achieve the purposes for which such
        grants are made.
            (2) Supplementing grant funds.--The State energy office
        shall encourage qualifying school districts to supplement their
        grant funds with funds from other sources in the implementation
        of their plans.

SEC. 4. ALLOCATION OF FUNDS.

    (a) In General.--Except as provided in subsection (c), funds
appropriated to carry out this Act shall be provided to State energy
offices.
    (b) Purposes.--Except as provided in subsection (c), funds
appropriated to carry out this Act shall be allocated as follows:
            (1) Seventy percent shall be used to make grants under
        section 3(b)(1).
            (2) Fifteen percent shall be used to make grants under
        section 3(b)(2).
            (3) Fifteen percent shall be used to make grants under
        section 3(b)(3).
    (c) Other Funds.--The Secretary of Energy may retain not to exceed
$300,000 per year from amounts appropriated under section 5 to assist
State energy offices in coordinating and implementing the Program. Such
funds may be used to develop reference materials to further define the
principles and criteria to achieve high performance school buildings.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of Energy
to carry out this Act $200,000,000 for each of fiscal years 2002
through 2005, and such sums as may be necessary for each of fiscal
years 2006 through 2011.

SEC. 6. REPORT TO CONGRESS.

    The Secretary of Energy shall conduct a biennial review of State
actions implementing this Act, and the Secretary shall report to
Congress on the results of such reviews. In conducting such reviews,
the Secretary shall assess the effectiveness of the calculation
procedures used by the States in establishing eligibility of schools
for funding under this Act, and may assess other aspects of the program
to determine whether they have been effectively implemented.

SEC. 7. DEFINITIONS.

    For purposes of this Act:
            (1) Elementary and secondary school.--The terms
        ``elementary school'' and ``secondary school'' shall have the
        same meaning given such terms in paragraphs (14) and (26) of
        section 14101 of the Elementary and Secondary Education Act of
        1965 (20 U.S.C. 8801(14), (26)).
            (2) High performance school building.--The term ``high
        performance school building'' means a school building which, in
        its design, construction, operation, and maintenance, maximizes
        use of renewable energy and energy efficient practices, is
        cost-effective on a life cycle basis, uses affordable,
        environmentally preferable, durable materials, enhances indoor
        environmental quality, protects and conserves water, and
        optimizes site potential.
            (3) Renewable energy.--The term ``renewable energy'' means
        energy produced by solar, wind, geothermal, hydroelectric, or
        biomass power.

Summary: High Performance Schools Act of 2001 - Establishes the High Performance Schools Program, in the Department of Energy, to assist school districts in the production of high performance elementary and secondary school buildings that are healthful, productive, energy efficient, and environmentally sound. Authorizes the Secretary of Energy to make program grants to State energy offices for: (1) program participation promotion and administration. And (2) subgrants to qualified school districts to implement such school building construction and renovation.

To establish the High Performance Schools Program in the Department of Energy, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trail of the Ancients National
Heritage Area Study Act of 2005''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Four Corners region, 1 of the areas of greatest
        archaeological interest in the United States, provides access
        to numerous examples of the Ancestral Puebloan culture;
            (2) the Four Corners region highlights areas and sites at
        which--
                    (A) the earliest inhabitants were Paleo-Americans,
                nomadic people who traveled through and lived in the
                area as early as 10,000 B.C.; and
                    (B) the Ancestral Puebloan Indians lived from
                approximately 1 to 1300 A.D.;
            (3) the region features sites that chronicle the Ute and
        Navajo Indian cultures;
            (4) the archaeological sites of the region have been well-
        preserved by the semi-arid climate of the region;
            (5) national and international recognition of sites in the
        region has contributed to the wealth of information about the
        people who have inhabited the area;
            (6) the region features the Trail of the Ancients Scenic
        Byway in the States of Arizona, Colorado, New Mexico, and Utah,
        and other designated byways and highways, including San Juan
        Skyway in the State of Colorado and the Utah Bicentennial
        Highway; and
            (7) designating the Trail of the Ancients National Heritage
        Area as a unit of the National Park System--
                    (A) would link many of the cultural and recreation
                sites in the region for the benefit of the traveling
                public and communities in the region; and
                    (B) would not--
                            (i) impose restrictions on private
                        property; or
                            (ii) require acquisition of additional
                        land.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the
        Trail of the Ancients National Heritage Area.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (3) State.--The term ``State'' means each of the States of
        Arizona, Colorado, New Mexico, and Utah.
            (4) Study area.--The term ``study area'' means the Four
        Corner region, consisting of--
                    (A) portions of--
                            (i) San Juan County, Utah;
                            (ii) Montezuma and Dolores Counties,
                        Colorado;
                            (iii) Apache and Navajo Counties, Arizona;
                        and
                            (iv) San Juan and McKinley Counties, New
                        Mexico; and
                    (B) portions of the reservations of the Ute
                Mountain Ute, Navajo, and Hopi Tribes, in the States.

SEC. 4. TRAIL OF THE ANCIENTS NATIONAL HERITAGE AREA STUDY.

    (a) In General.--The Secretary, in cooperation with the Four
Corners Heritage Council, shall conduct a study to assess the
feasibility and suitability of designating the study area as the Trail
of the Ancients National Heritage Area.
    (b) Requirements.--The study shall include analysis, documentation,
and determinations on whether--
            (1) the study area--
                    (A) has an assemblage of natural, historic,
                cultural, educational, scenic, or recreational
                resources that--
                            (i) represent distinctive aspects of the
                        heritage of the United States worthy of
                        recognition, conservation, interpretation, and
                        continuing use; and
                            (ii) are best managed--
                                    (I) through partnerships among
                                public and private entities; and
                                    (II) by combining diverse and
                                sometimes noncontiguous resources and
                                active communities;
                    (B) reflects traditions, customs, beliefs, and
                folklife that are a valuable part of the heritage of
                the United States;
                    (C) provides outstanding opportunities to conserve
                natural, historical, cultural, or scenic features;
                    (D) provides outstanding recreational and
                educational opportunities; and
                    (E) has resources important to any identified theme
                of the study area that retain a degree of integrity
                capable of supporting interpretation;
            (2) residents, business interests, nonprofit organizations,
        the Federal Government, and State, local, and tribal
        governments within the study area--
                    (A) are involved in the planning of the Heritage
                Area;
                    (B) have demonstrated support for the Heritage
                Area; and
                    (C) have developed a conceptual financial plan that
                outlines the roles of all participants (including the
                Federal Government) in the management of the Heritage
                Area;
            (3) there is a potential management entity to work in
        partnership with residents, business interests, nonprofit
        organizations, and Federal, State, local, and tribal
        governments within the study area to develop the Heritage Area
        consistent with continued, State, local, and tribal economic
        activity; and
            (4) a conceptual boundary map has been developed that is
        supported by the public.
    (c) Consultation.--In conducting the study, the Secretary and the
Four Corners Heritage Council shall consult with appropriate Federal,
State, local, and tribal governments, interested organizations, and
affected communities within the study area.

SEC. 5. REPORT.

    Not later than 3 fiscal years after the date on which funds are
made available to carry out the study, the Secretary shall submit to
the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives a report that
describes the findings, conclusions, and recommendations of the study.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
to carry out this Act.

Summary: Trail of the Ancients National Heritage Area Study Act of 2005 - Directs the Secretary of the Interior, in cooperation with the Four Corners Heritage Council, to conduct a study to assess the feasibility and suitability of designating the Four Corners region comprised of parts of San Juan County, Utah, Montezuma and Dolores Counties, Colorado, Apache and Navajo Counties, Arizona, and San Juan and McKinley Counties, New Mexico, and parts of the reservations of the Ute Mountain Ute, Navajo, and Hopi Tribes in those States as the Trail of the Ancients National Heritage Area.

A bill to provide for the conduct of a study of the suitability and feasibility of establishing the Trail of the Ancients National Heritage Area in the Four Corners region of the States of Utah, Colorado, Arizona, and New Mexico.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Water Infrastructure Financing
Act of 2005''.

SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.

    Section 601(a) of the Federal Water Pollution Control Act (33
U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all
that follows through the period at the end and inserting ``to
accomplish the purposes of this Act.''.

SEC. 3. CAPITALIZATION GRANTS AGREEMENTS.

    (a) Requirements for Construction of Treatment Works.--Section
602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C.
1382(b)(6)) is amended--
            (1) by striking ``before fiscal year 1995''; and
            (2) by striking ``201(b)'' and all that follows through
        ``218,'' and inserting ``211,''.
    (b) Guidance for Small Systems.--Section 602 of the Federal Water
Pollution Control Act (33 U.S.C. 1382) is amended by adding at the end
the following:
    ``(c) Guidance for Small Systems.--
            ``(1) Simplified procedures.--Not later than 1 year after
        the date of enactment of this subsection, the Administrator
        shall assist the States in establishing simplified procedures
        for small systems to obtain assistance under this title.
            ``(2) Publication of manual.--Not later than 1 year after
        the date of enactment of this subsection, after providing
        notice and opportunity for public comment, the Administrator
        shall publish--
                    ``(A) a manual to assist small systems in obtaining
                assistance under this title; and
                    ``(B) in the Federal Register, notice of the
                availability of the manual.
            ``(3) Definition of small system.--In this title, the term
        `small system' means a system for which a municipality or
        intermunicipal, interstate, or State agency seeks assistance
        under this title and that serves a population of 20,000 or
        fewer inhabitants.''.

SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS.

    (a) Activities Eligible for Assistance.--Section 603 of the Federal
Water Pollution Control Act (33 U.S.C. 1383) is amended by striking
subsection (c) and inserting the following:
    ``(c) Activities Eligible for Assistance.--
            ``(1) In general.--The water pollution control revolving
        fund of a State shall be used only for providing financial
        assistance for activities that have, as a principal benefit,
        the improvement or protection of the water quality of navigable
        waters to a municipality, intermunicipal, interstate, or State
        agency, or other person, including activities such as--
                    ``(A) construction of a publicly owned treatment
                works;
                    ``(B) implementation of lake protection programs
                and projects under section 314;
                    ``(C) implementation of a nonpoint source
                management program under section 319;
                    ``(D) implementation of an estuary conservation and
                management plan under section 320;
                    ``(E) restoration or protection of publicly or
                privately owned riparian areas, including acquisition
                of property rights;
                    ``(F) implementation of measures to improve the
                efficiency of public water use;
                    ``(G) development and implementation of plans by a
                public recipient to prevent water pollution; and
                    ``(H) acquisition of land necessary to meet any
                mitigation requirements related to construction of a
                publicly owned treatment works.
            ``(2) Fund amounts.--
                    ``(A) Repayments.--The water pollution control
                revolving fund of a State shall be established,
                maintained, and credited with repayments.
                    ``(B) Availability.--The balance in the fund shall
                be available in perpetuity for providing financial
                assistance described in paragraph (1).
                    ``(C) Fees.--Fees charged by a State to recipients
                of the assistance may be deposited in the fund and may
                be used only to pay the cost of administering this
                title.''.
    (b) Extended Repayment Period for Financially Distressed
Communities.--Section 603(d)(1) of the Federal Water Pollution Control
Act (33 U.S.C. 1383(d)(1)) is amended--
            (1) in subparagraph (A), by inserting after ``20 years''
        the following: ``or, in the case of a financially distressed
        community, the lesser of 40 years or the expected life of the
        project to be financed with the proceeds of the loan''; and
            (2) in subparagraph (B), by striking ``not later than 20
        years after project completion'' and inserting ``on the
        expiration of the term of the loan''.
    (c) Loan Guarantees.--Section 603(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1383(d)) is amended by striking paragraph (5)
and inserting the following:
            ``(5) to provide loan guarantees for--
                    ``(A) similar revolving funds established by
                municipalities or intermunicipal agencies; and
                    ``(B) developing and implementing innovative
                technologies;''.
    (d) Administrative Expenses.--Section 603(d)(7) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by
inserting before the period at the end the following: ``or the greater
of $400,000 per year or an amount equal to \1/2\ percent per year of
the current valuation of the fund, plus the amount of any fees
collected by the State under subsection (c)(2)(C)''.
    (e) Technical and Planning Assistance for Small Systems.--Section
603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d))
is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) to provide to small systems technical and planning
        assistance and assistance in financial management, user fee
        analysis, budgeting, capital improvement planning, facility
        operation and maintenance, repair schedules, and other
        activities to improve wastewater treatment plant operations,
        except that the amounts used under this paragraph for a fiscal
        year shall not exceed 2 percent of all grants provided to the
        fund for the fiscal year under this title.''.
    (f) Consistency With Planning Requirements.--Section 603(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(f)) is amended by
striking ``is consistent'' and inserting ``is not inconsistent''.
    (g) Construction Assistance.--Section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) is amended by striking
subsection (g) and inserting the following:
    ``(g) Construction Assistance.--
            ``(1) Priority list requirement.--The State may provide
        financial assistance from the water pollution control revolving
        fund of the State for a project for construction of a publicly
        owned treatment works only if the project is on the priority
        list of the State under section 216, without regard to the rank
        of the project on the list.
            ``(2) Eligibility of certain treatment works.--A treatment
        works shall be treated as a publicly owned treatment works for
        purposes of subsection (c) if the treatment works, without
        regard to ownership, would be considered a publicly owned
        treatment works and is principally treating municipal waste
        water or domestic sewage.''.
    (h) Principal Subsidization.--Section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end
the following:
    ``(i) Principal Subsidization.--
            ``(1) In general.--Subject to paragraph (2), in a case in
        which a State makes a loan under subsection (d)(1) to a
        financially distressed community, the State may provide
        additional subsidization to the loan recipient (including
        forgiveness of principal).
            ``(2) Limitation.--For each fiscal year, the total amount
        of loan subsidies made by a State under this subsection shall
        not exceed 30 percent of the amount of the capitalization grant
        received by the State for that fiscal year.
    ``(j) Information to Assist States.--The Administrator may publish
information to assist States in establishing the affordability criteria
referred to in subsection (l).
    ``(k) Priority.--In making a loan under this section, a State may
give priority to a financially distressed community.
    ``(l) Definition of Financially Distressed Community.--In this
section, the term `financially distressed community' means any
community that meets affordability criteria that are--
            ``(1) established by the State in which the community is
        located; and
            ``(2) developed after public review and comment.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    Section 607 of the Federal Water Pollution Control Act (33 U.S.C.
1387) is amended by striking ``the following sums:'' and all that
follows through the period at the end of paragraph (5) and inserting
``$4,000,000,000 for each of fiscal years 2006 through 2010.''.

Summary: Clean Water Infrastructure Financing Act of 2005 - Amends the Federal Water Pollution Control Act to eliminate certain restrictions on capitalization grants to states under the water pollution control revolving fund program and to direct the Administrator of the Environmental Protection Agency (EPA) to make such grants to accomplish the purposes of the Act. Revises certain requirements for the construction of publicly-owned treatment works under capitalization grant agreements. Directs the Administrator to assist states in establishing simplified procedures for small water systems to obtain assistance under the Act. Requires state water pollution control revolving funds to be used only for providing assistance for activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Makes revisions concerning uses of funds for: (1) innovative technologies, (2) administrative expenses, (3) small system technical, planning, and management assistance, (4) financially distressed communities. And (5) construction assistance. Authorizes states to give priority to financially distressed communities in making loans from revolving funds. Reauthorizes appropriations for FY2006-2010 for the water pollution control revolving fund program.

A bill to amend the Federal Water Pollution Control Act to authorize appropriations for States water pollution control revolving funds, and for other purposes.