SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Grand Jury Reform Act of 2017''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Grand juries are typically used as the process by which
        allegations of police misconduct are prosecuted.
            (2) There exists a symbiotic relationship between local
        prosecutors and the law enforcement officers who regularly
        testify in routine grand jury investigations.
            (3) The closeness of this relationship creates public
        suspicion that accused police officers receive preferential
        consideration from grand juries when they are subject to grand
        jury investigations.
            (4) Police officers have the right to appear before the
        grand jury investigating allegations of wrongdoing by said
        officer, and give testimony not subject to a thorough cross
        examination.
            (5) Grand jury proceedings are by law secret proceedings.
            (6) The secret grand jury process has historically resulted
        in a refusal to indict when the subject of their investigation
        is a local law enforcement officer.
            (7) The recent grand jury proceedings following the deaths
        of Michael Brown and Eric Garner have followed historical
        tradition, ending with a refusal to indict the law enforcement
        officers involved in their deaths.
            (8) The American people have lost confidence in the
        secretive grand jury process when it is used to evaluate
        allegations of police misconduct.
            (9) The loss of confidence in our system of justice leads
        to the undermining of the principles of equality and justice
        upon which this country was founded.
            (10) Preliminary hearings are often replaced with direct
        presentments, whereby the prosecutor may send a case directly
        to the grand jury without a public preliminary hearing.

SEC. 3. HEARING BEFORE A JUDGE REQUIRED.

    (a) Receipt of Grant Funds.--In order for a State or unit of local
government in a State to be eligible to receive Federal funding under
subpart 1 of part E of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10151 et seq.), the State shall comply
with the requirements of this section.
    (b) Notification Requirements.--
            (1) Notification to prosecutor.--In the case of a law
        enforcement officer of a local law enforcement agency who uses
        deadly force against a person in the course of the officer's
        employment, and thereby causes the death of that person, not
        later than 24 hours after the death occurs, the chief officer
        of the law enforcement agency of the locality in which the
        death occurred shall report the death to the elected prosecutor
        of that locality.
            (2) Notification to governor.--Not later than 24 hours
        after receiving notice under paragraph (1), the elected
        prosecutor of the locality in which the death occurred shall
        report the death to the Governor of that State.
    (c) Hearing Requirement; Appointment of Special Prosecutor.--
            (1) In general.--Not later than 3 days after receiving
        notice under subsection (b)(2), the Governor of the State in
        which the death occurred shall appoint a special prosecutor to
        present evidence on behalf of the State at a hearing before a
        judge in the appropriate court, in order to determine whether
        probable cause exists for the State to bring criminal charges
        against the law enforcement officer relating to the death of
        the person, which determination shall be made by the judge. The
        Governor shall use a random process to select the special
        prosecutor from among all of the elected prosecutors in the
        State, excluding the elected prosecutor of the locality in
        which the death occurred.
            (2) Timing.--The hearing described in paragraph (1) shall
        be held not later than 90 days after the appointment of the
        special prosecutor, unless the judge determines that good cause
        exists to delay the hearing.
            (3) Court to remain open to the public.--Except as
        determined appropriate by the presiding judge, in a hearing
        described in paragraph (1), the court shall remain open to the
        public, and upon scheduling the hearing the judge shall provide
        notice to the public of the date, time, and location of the
        hearing.
    (d) State Law Enforcement Agency To Have Exclusive Authority Over
Investigation.--
            (1) In general.--Not later than 24 hours after receiving
        notice under subsection (b)(2), the Governor shall report the
        death to the chief officer of the State law enforcement agency
        of the State in which the death occurred, and the State law
        enforcement agency shall assume exclusive control of the
        investigation of the death during the pendency of the probable
        cause hearing.
            (2) Cooperation of local law enforcement agency.--The chief
        officer of the law enforcement agency of the locality in which
        the death occurred shall cooperate with the special prosecutor
        and the chief officer of the State law enforcement agency by
        responding promptly to requests for information related to the
        death.
    (e) Written Determination of Probable Cause.--Not later than 5 days
after the conclusion of a hearing described in subsection (c), the
judge presiding over the hearing shall issue the determination
described in subsection (c) in writing, and shall submit such
determination to the elected prosecutor of the locality in which the
death occurred. Such determination shall be made available to the
public.
    (f) Recommendations of the Special Prosecutor.--Upon the conclusion
of a hearing described in subsection (c), the special prosecutor shall
submit written recommendations to the elected prosecutor of the
locality in which the death occurred, including a recommendation
regarding whether criminal charges should be brought against the law
enforcement officer relating to the death of the person.
    (g) Tolling of Procedural Deadlines.--Any applicable filing or
other procedural deadlines are tolled during the pendency of the
hearing described in subsection (c).
    (h) Preservation of Prosecutorial Discretion.--The hearing
described in subsection (c) shall be purely advisory, and shall have no
binding effect on the elected prosecutor of the locality in which the
death occurred. After the conclusion of the hearing described in
subsection (c), the elected prosecutor of the locality in which the
death occurred shall retain prosecutorial discretion as to whether to
bring charges against the law enforcement officer, including whether to
hold a grand jury proceeding in the appropriate court.

Summary: Grand Jury Reform Act of 2017 This bill conditions a state or local government's receipt of funds under the Edward Byrne Memorial Justice Assistance Grant program on the state's compliance with certain requirements following an incident involving the use of deadly force by a local law enforcement officer that results in a person's death. Specifically, the governor must appoint a special prosecutor to present evidence before a judge to determine whether probable cause exists to criminally charge the law enforcement officer. The hearing must be open to the public.

Grand Jury Reform Act of 2017


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southern Border Security Assistance
Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The United States and Mexico have recently experienced
        a significant increase in violence along the international
        border between the 2 countries.
            (2) The international border between the United States and
        Mexico is being used as a gateway for drug cartels and criminal
        enterprises that are illegally trafficking guns, people, and
        drugs.
            (3) The partnership between the United States and Mexican
        governments is critical--
                    (A) to address recent border violence; and
                    (B) to ensure the continued flow of legitimate
                cross-border commerce, traffic and trade.
            (4) The national security of the United States is
        paramount.
            (5) While it is the job of the Federal Government to
        protect national security by securing our Nation's borders,
        State, local, and tribal law enforcement entities also provide
        the first line of defense on the border and are critical first
        responders to national security or public safety threats.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) providing financial assistance for law enforcement
        initiatives with our Mexican partners is important; and
            (2) in addition to such assistance, Congress must provide
        immediate resources and equipment to State and local law
        enforcement entities that are currently responding to border
        violence and criminal activities on a daily basis.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Law enforcement entity.--The term ``law enforcement
        entity'' means an entity that--
                    (A) is a State, county, or city agency, a State or
                local police or sheriff department or association, or a
                subdivision thereof;
                    (B) operates within 100 miles of the international
                border between the United States and Mexico; and
                    (C) employs personnel on a full- or part-time basis
                to engage in the prevention, detection, or
                investigation of violations of the criminal laws of the
                United States.
            (2) Southern border region.--The term ``Southern Border
        Region'' refers to counties that are located--
                    (A) within 100 miles of the international border
                between the United States and Mexico; and
                    (B) in the States of Arizona, California, New
                Mexico, and Texas.

SEC. 4. BORDER SECURITY ASSISTANCE GRANTS.

    (a) Authority.--
            (1) In general.--The Secretary of Homeland Security, in
        consultation with State and local law enforcement entities, is
        authorized to award border security assistance grants to law
        enforcement entities located in the Southern Border Region for
        the purposes described in subsection (b).
            (2) Priority.--In awarding grants under this section, the
        Secretary shall give priority to law enforcement agencies
        located in a county that is located within 25 miles of the
        international border between United States and Mexico.
    (b) Purposes.--To address drug trafficking, smuggling, and border
violence, a grant awarded under subsection (a) shall be used--
            (1) to obtain law enforcement equipment and tools,
        including secure 2-way communication devices, portable laptops
        and office computers, license plate readers, unmanned aerial
        vehicles, unmanned aircraft systems (UAS), manned aircraft,
        cameras with night viewing capabilities, and any other
        appropriate law enforcement equipment;
            (2) to hire additional personnel, including administrative
        support personnel, dispatchers, and jailers, and to provide
        overtime funding for such personnel;
            (3) to purchase law enforcement vehicles;
            (4) to provide for high performance aircrafts and
        helicopters for border surveillance and other critical mission
        applications and operational and maintenance costs associated
        with such craft;
            (5) to provide for critical power generation systems,
        infrastructure, and technological upgrades to support State and
        local data management systems and fusion centers; or
            (6) to provide for specialized training and for direct
        operating expenses associated with detecting and prosecuting
        drug trafficking, human smuggling, and other illegal activity
        or violence that occurs at or near the international border
        between the United States and Mexico.
    (c) Application.--
            (1) Requirement.--A law enforcement entity seeking a grant
        under subsection (a), or a nonprofit organization or coalition
        acting as an agent for 1 or more such law enforcement entities,
        shall submit an application to the Secretary that includes the
        information described in paragraph (2) at such time and in such
        manner as the Secretary may require.
            (2) Content.--An application submitted under paragraph (1)
        shall include--
                    (A) a description of the activities to be carried
                out with a grant awarded under subsection (a);
                    (B) if equipment will be purchased with the grant,
                a detailed description of the type and quantity of such
                equipment and of the personnel who will receive such
                equipment;
                    (C) a description of the need of the law
                enforcement entity for the grant, including a
                description of the inability of the entity to carry out
                the proposed activities without the grant; and
                    (D) an assurance that the entity will, to the
                extent practicable, seek, recruit, and hire members of
                racial and ethnic minority groups and women in the
                entity's law enforcement positions.
    (d) Review and Award.--
            (1) Review.--Not later than 90 days after the date an
        application submitted under subsection (c) is received by the
        Secretary, the Secretary shall review and approve or reject the
        application.
            (2) Award of funds.--Subject to the availability of
        appropriations, not later than 45 days after the date an
        application is approved under paragraph (1), the Secretary
        shall provide the grant funds to the applicant.
            (3) Priority.--In distributing grant funds under this
        subsection, priority shall be given to high-intensity areas for
        drug trafficking, smuggling, and border violence.

SEC. 5. ADDITIONAL DISTRICT JUDGES FOR BORDER STATES.

    (a) In General.--The President shall appoint, by and with the
advice and consent of the Senate--
            (1) 4 additional district judges for the district of
        Arizona;
            (2) 4 additional district judges for the central district
        of California;
            (3) 4 additional district judges for the eastern district
        of California;
            (4) 2 additional district judges for the northern district
        of California;
            (5) 1 additional district judge for the district of New
        Mexico;
            (6) 1 additional district judge for the eastern district of
        Texas;
            (7) 2 additional district judges for the southern district
        of Texas; and
            (8) 1 additional district judge for the western district of
        Texas.
    (b) Temporary Judgeships.--The President shall appoint, by and with
the advice and consent of the Senate--
            (1) 1 additional district judge for the district of
        Arizona;
            (2) 1 additional district judge for the central district of
        California;
            (3) 1 additional district judge for the northern district
        of California; and
            (4) 1 additional district judge for the district of New
        Mexico.
    (c) Vacancies.--For each of the judicial districts named in
subsection (b), the first vacancy arising on the district court at
least 10 years after a judge is first confirmed to fill the temporary
district judgeship created in that district pursuant to subsection (b)
shall not be filled.
    (d) Existing Judgeships.--The existing judgeships for the district
of Arizona and the district of New Mexico authorized under section
312(c) of the 21st Century Department of Justice Appropriations
Authorization Act (Public Law 107-273, 116 Stat. 1758), as of the
effective date of this Act, shall be authorized under section 133 of
title 28, United States Code, and the incumbents in those offices shall
hold the office under section 133 of title 28, United States Code.
    (e) Conforming Amendments.--The table contained in section 133(a)
of title 28, United States Code, is amended--
            (1) in the item relating to the district of Arizona, by
        striking ``12'' and inserting ``17'';
            (2) in the item relating to the central district of
        California, by striking ``27'' and inserting ``31'';
            (3) in the item relating to the eastern district of
        California, by striking ``6'' and inserting ``10'';
            (4) in the item relating to the northern district of
        California, by striking ``14'' and inserting ``16'';
            (5) in the item relating to the district of New Mexico, by
        striking ``6'' and inserting ``8'';
            (6) in the item relating to the eastern district of Texas,
        by striking ``7'' and inserting ``8'';
            (7) in the item relating to the southern district of Texas,
        by striking ``19'' and inserting ``21''; and
            (8) in the item relating to the western district of Texas,
        by striking ``13'' and inserting ``14''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) Grant Funding.--There is authorized to be appropriated
$300,000,000 for the 2-year period ending on September 30, 2012, for
grants issued under section 4.
    (b) Judicial Funding.--There are authorized to be appropriated to
the Attorney General for each of the fiscal years 2011 through 2013
such sums as may be necessary to carry out section 5, including the
hiring of necessary attorney and administrative support staff.

Summary: Southern Border Security Assistance Act - Expresses the sense of Congress that: (1) providing financial assistance for law enforcement initiatives with our Mexican partners is important. And (2) Congress must provide, in addition to such assistance, immediate resources and equipment to state and local law enforcement entities that are currently responding to border violence and criminal activities on a daily basis. Authorizes the Secretary of Homeland Security (DHS) to award border security assistance grants to law enforcement entities located in the Southern Border Region to address drug trafficking, smuggling, and border violence. Directs the President to appoint additional district judges for Arizona, California, New Mexico, and Texas.

A bill to establish a program to provide southern border security assistance grants, to authorize the appointment of additional Federal judges in states along the southern border, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hunter and Farmer Protection Act of
2015''.

SEC. 2. BAITING OF MIGRATORY GAME BIRDS.

    Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is
amended by striking subsection (b) and inserting the following:
    ``(b) Prohibition of Baiting.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Baited area.--
                            ``(i) In general.--The term `baited area'
                        means--
                                    ``(I) any area on which salt,
                                grain, or other feed has been placed,
                                exposed, deposited, distributed, or
                                scattered, if the salt, grain, or feed
                                could lure or attract migratory game
                                birds; and
                                    ``(II) in the case of waterfowl,
                                cranes (family Gruidae), and coots
                                (family Rallidae), a standing,
                                unharvested crop that has been
                                manipulated through activities such as
                                mowing, discing, or rolling, unless the
                                activities are normal agricultural
                                practices.
                            ``(ii) Exclusions.--An area shall not be
                        considered to be a `baited area' if the area--
                                    ``(I) has been treated with a
                                normal agricultural practice;
                                    ``(II) has standing crops that have
                                not been manipulated; or
                                    ``(III) has standing crops that
                                have been or are flooded.
                    ``(B) Baiting.--The term `baiting' means the direct
                or indirect placing, exposing, depositing,
                distributing, or scattering of salt, grain, or other
                feed that could lure or attract migratory game birds
                to, on, or over any areas on which a hunter is
                attempting to take migratory game birds.
                    ``(C) Migratory game bird.--The term `migratory
                game bird' means migratory bird species--
                            ``(i) that are within the taxonomic
                        families of Anatidae, Columbidae, Gruidae,
                        Rallidae, and Scolopacidae; and
                            ``(ii) for which open seasons are
                        prescribed by the Secretary of the Interior.
                    ``(D) Normal agricultural practice.--
                            ``(i) In general.--The term `normal
                        agricultural practice' means any practice in 1
                        annual growing season that--
                                    ``(I) is carried out in order to
                                produce a marketable crop, including
                                planting, harvest, post-harvest, or
                                soil conservation practices; and
                                    ``(II) is recommended for the
                                successful harvest of a given crop by
                                the applicable State office of the
                                Cooperative Extension System of the
                                Department of Agriculture, in
                                consultation with, and if requested,
                                the concurrence of, the head of the
                                applicable State department of fish and
                                wildlife.
                            ``(ii) Inclusions.--
                                    ``(I) In general.--Subject to
                                subclause (II), the term `normal
                                agricultural practice' includes the
                                destruction of a crop in accordance
                                with practices required by the Federal
                                Crop Insurance Corporation for
                                agricultural producers to obtain crop
                                insurance under the Federal Crop
                                Insurance Act (7 U.S.C. 1501 et seq.)
                                on land on which a crop during the
                                current or immediately preceding crop
                                year was not harvestable due to a
                                natural disaster (including any
                                hurricane, storm, tornado, flood, high
                                water, wind-driven water, tidal wave,
                                tsunami, earthquake, volcanic eruption,
                                landslide, mudslide, drought, fire,
                                snowstorm, or other catastrophe that is
                                declared a major disaster by the
                                President in accordance with section
                                401 of the Robert T. Stafford Disaster
                                Relief and Emergency Assistance Act (42
                                U.S.C. 5170)).
                                    ``(II) Limitations.--The term
                                `normal agricultural practice' only
                                includes a crop described in subclause
                                (I) that has been destroyed or
                                manipulated through activities that
                                include (but are not limited to)
                                mowing, discing, or rolling if the
                                Federal Crop Insurance Corporation
                                certifies that flooding was not an
                                acceptable method of destruction to
                                obtain crop insurance under the Federal
                                Crop Insurance Act (7 U.S.C. 1501 et
                                seq.).
                    ``(E) Waterfowl.--The term `waterfowl' means native
                species of the family Anatidae.
            ``(2) Prohibition.--It shall be unlawful for any person--
                    ``(A) to take any migratory game bird by baiting or
                on or over any baited area, if the person knows or
                reasonably should know that the area is a baited area;
                or
                    ``(B) to place or direct the placement of bait on
                or adjacent to an area for the purpose of causing,
                inducing, or allowing any person to take or attempt to
                take any migratory game bird by baiting or on or over
                the baited area.
            ``(3) Regulations.--The Secretary of the Interior may
        promulgate regulations to implement this subsection.
            ``(4) Reports.--Annually, the Secretary of Agriculture
        shall submit to the Secretary of the Interior a report that
        describes any changes to normal agricultural practices across
        the range of crops grown by agricultural producers in each
        region of the United States in which the recommendations are
        provided to agricultural producers.''.

Summary: Hunter and Farmer Protection Act of 2015 This bill amends the Migratory Bird Treaty Act to revise standards for determining what constitutes baiting for purposes of the prohibition on taking migratory game birds. A baited area, in the case of waterfowl, cranes, and coots, includes a standing, unharvested crop that has been manipulated through activities such as mowing, discing, or rolling, unless the activities are normal agricultural practices. An area is not considered to be a baited area if it: (1) has been treated with a normal agricultural practice, (2) has standing crops that have not been manipulated, or (3) has standing crops that have been or are flooded. The Department of Agriculture (USDA) must submit to the Department of the Interior a report on changes to normal agricultural practices across the range of crops grown by agricultural producers in each region of the United States in which USDA harvest practice recommendations are provided to agricultural producers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voluntary Adoption Protection Act''.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--Section 2 of the Indian Child Welfare Act of 1978
(25 U.S.C. 1901) is amended--
            (1) in paragraph (3), by inserting before the semicolon at
        the end the following: ``and who would be subject to
        involuntary removal from the Indian community'';
            (2) in paragraph (4)--
                    (A) by inserting ``involuntary'' before
                ``removal''; and
                    (B) by striking ``nontribal public and private''
                and inserting in lieu thereof ``public''; and
            (3) in paragraph (5), by inserting before the period at the
        end the following: ``in the course of involuntary termination
        of parental rights''.
    (b) Policy.--Section 3 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1902) is amended by inserting ``involuntary'' before
``removal''.

SEC. 3. DEFINITIONS.

    Section 3 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903)
is amended by adding at the end the following:
            ``(13) `involuntary', with respect to a child custody
        proceeding, means the absence of a written consent by a parent
        or legal guardian (other than a tribal court) of the Indian
        child.''.

SEC. 4. CHILD CUSTODY PROCEEDINGS.

    (a) Jurisdiction.--Section 101 of the Indian Child Welfare Act of
1978 (25 U.S.C. 1911) is amended--
            (1) in subsection (a), by inserting ``involuntary'' before
        ``child custody proceeding'';
            (2) in subsection (b)--
                    (A) by inserting ``involuntary'' before ``foster
                care placement''; and
                    (B) by inserting ``involuntary'' before
                ``termination of parental rights''; and
            (3) in subsection (c)--
                    (A) by inserting ``involuntary'' before ``foster
                care placement''; and
                    (B) by inserting ``involuntary'' before
                ``termination of parental rights''.
    (b) Court Proceedings.--Section 102 of the Indian Child Welfare Act
of 1978 (25 U.S.C. 1912) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``involuntary'' before ``foster
                care placement'' each place it appears; and
                    (B) by inserting ``involuntary'' before
                ``termination of parental rights'' each place it
                appears;
            (2) in subsection (b)--
                    (A) by inserting ``involuntary'' before
                ``removal'';
                    (B) by inserting ``involuntary'' before
                ``placement''; and
                    (C) by inserting ``involuntary'' before
                ``termination of parental rights'';
            (3) in subsection (c)--
                    (A) by striking ``a foster care placement'' and
                inserting in lieu thereof ``an involuntary foster care
                placement''; and
                    (B) by inserting ``involuntary'' before
                ``termination of parental rights'';
            (4) in subsection (d)--
                    (A) by striking ``a foster care placement'' and
                inserting in lieu thereof ``an involuntary foster care
                placement''; and
                    (B) by inserting ``involuntary'' before
                ``termination of parental rights'';
            (5) in subsection (e), by inserting ``involuntary'' before
        ``foster care placement''; and
            (6) in subsection (f), by inserting ``involuntary'' before
        ``termination of parental rights''.
    (c) Voluntary Termination of Parental Rights.--Section 103 of the
Indian Child Welfare Act of 1978 (25 U.S.C. 1913) is amended to read as
follows:
    ``Sec. 103. (a) Upon written consent by a parent or legal guardian
(other than a tribal court) of an Indian child to a voluntary child
custody proceeding, this title shall thereafter not apply to any child
custody proceeding involving the Indian child, and this Act shall
thereafter not be the basis for determining jurisdiction over any child
custody proceeding involving the Indian child.
    ``(b) For the purposes of subsection (a), written consent is
irrevocable.''.
    (d) Petition To Invalidate Action.--Section 104 of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1914) is amended--
            (1) by inserting ``involuntary'' before ``foster care
        placement'';
            (2) by inserting ``involuntary'' before ``termination of
        parental rights''; and
            (3) by striking ``101, 102, and 103'' and inserting in lieu
        thereof ``101 and 102''.
    (e) Adoptive Placement.--Section 105 of the Indian Child Welfare
Act of 1978 (25 U.S.C. 1915) is amended--
            (1) in subsection (a), by inserting ``involuntary'' before
        ``adoptive placement'';
            (2) in subsection (b)--
                    (A) by inserting ``involuntary'' before ``foster
                care'' each place it appears; and
                    (B) by inserting ``involuntary'' before
                ``preadoptive placement'' each place it appears; and
            (3) in subsection (c)--
                    (A) by striking ``a placement'' and inserting ``an
                involuntary placement''; and
                    (B) by striking ``the placement'' and inserting
                ``the involuntary placement'' each place it appears.
    (f) Petition for Return of Custody.--Section 106 of the Indian
Child Welfare Act of 1978 (25 U.S.C. 1916) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``involuntary'' before
                ``adoption''; and
                    (B) by striking ``foster care, preadoptive, or
                adoptive placement'' and inserting in lieu thereof
                ``involuntary foster care, involuntary preadoptive, or
                involuntary adoptive placement''; and
            (2) in subsection (b) by striking ``further''.
    (g) Information to Adopted Child.--Section 107 of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1917) is amended by inserting
``involuntary'' before ``adoptive''.
    (h) Improper Removal of Child.--Section 110 of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1920) is amended--
            (1) by striking ``an Indian child custody proceeding'' and
        inserting ``an involuntary Indian child custody proceeding'' in
        lieu thereof; and
            (2) by striking ``removed the child'' and inserting in lieu
        thereof ``removed an Indian child''.
    (i) Protection of Parental Rights.--Section 111 of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1921) is amended by inserting
``involuntary'' before ``child custody proceeding''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall take effect as of January 1,
1992. Such amendments shall not apply with respect to any permanent
placement of an Indian child for adoption occurring before the date of
the enactment of this Act.

Summary: Voluntary Adoption Protection Act - Amends the Indian Child Welfare Act of 1978 to exempt voluntary child custody proceedings from coverage under that Act. States that upon written consent by a parent or legal guardian of an Indian child to voluntarily terminate parental rights such Act is inapplicable with respect to any child custody proceeding involving such child.

Voluntary Adoption Protection Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Traffic Supervisor Retirement
Reform Act of 1995''.

SEC. 2. AMENDMENTS.

    (a) Civil Service Retirement System.--Section 8331 of title 5,
United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (25);
            (2) by striking the period at the end of paragraph (26) and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(27) `air traffic controller' or `controller' means--
                    ``(A) a controller within the meaning of section
                2109(1); and
                    ``(B) a civilian employee of the Department of
                Transportation or the Department of Defense holding a
                supervisory, managerial, executive, technical,
                semiprofessional, or professional position for which
                experience as a controller (within the meaning of
                section 2109(1)) is a prerequisite.''
    (b) Federal Employees' Retirement System.--Section 8401 of title 5,
United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (31);
            (2) by striking the period at the end of paragraph (32) and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(33) `air traffic controller' or `controller' means--
                    ``(A) a controller within the meaning of section
                2109(1); and
                    ``(B) a civilian employee of the Department of
                Transportation or the Department of Defense holding a
                supervisory, managerial, executive, technical,
                semiprofessional, or professional position for which
                experience as a controller (within the meaning of
                section 2109(1)) is a prerequisite.''

SEC. 3. EFFECTIVE DATE; OTHER PROVISIONS.

    (a) Effective Date.--Subject to subsections (b) and (c), this Act
and the amendments made by this Act shall take effect on the 60th day
after the date of enactment of this Act.
    (b) Treatment of Pre-Effective Date Service.--
            (1) Employee contributions.--
                    (A) In general.--Subject to subparagraph (C), upon
                application to the Office of Personnel Management, any
                service to which this subsection applies shall, for
                purposes of chapter 83 or 84 of title 5, United States
                Code, as applicable, be treated in the same way as if
                the amendments made by this Act had been in effect when
                such service was rendered.
                    (B) Service to which this subsection applies.--This
                subsection applies with respect to any service as a
                controller, within the meaning of section 8331(27)(B)
                or 8401(33)(B) of title 5, United States Code (as
                amended by this Act), performed before the effective
                date of this Act.
                    (C) Requirements.--
                            (i) Deposit requirement.--Subparagraph (A)
                        shall not apply with respect to any service
                        unless there is deposited into the Civil
                        Service Retirement and Disability Fund, with
                        interest, an amount equal to the amount by
                        which--
                                    (I) the deductions from pay which
                                would have been required for such
                                service had the amendments made by this
                                Act been in effect when such service
                                was rendered, exceeds
                                    (II) the deductions or deposits
                                actually made, under section 8334 or
                                8422 of title 5, United States Code, as
                                applicable, with respect to such
                                service.
                            (ii) Status at time of application.--This
                        paragraph shall not apply with respect to any
                        individual who is not serving as a controller,
                        within the meaning of either provision cited in
                        subparagraph (B), on the date on which an
                        application under this paragraph is made with
                        respect to any service of such individual.
                    (D) Certification.--For purposes of chapter 83 or
                84 of title 5, United States Code, the Office shall
                accept the certification of the Secretary of
                Transportation or the Secretary of Defense, as the case
                may be, concerning the service of, and the amount of
                compensation received by, an individual with respect to
                any service for which an application under this
                paragraph is made.
            (2) Government contributions.--Not later than 90 days after
        the full deposit required under paragraph (1) with respect to
        an individual has been paid, the agency that employed such
        individual during the period of service to which such deposit
        relates shall pay into the Civil Service Retirement and
        Disability Fund, with interest, an amount equal to the amount
        by which--
                    (A) the Government contributions which would have
                been required to have been paid into the Fund for such
                service had the amendments made by this Act been in
                effect when such service was rendered, exceeds
                    (B) the Government contributions actually made,
                under section 8334 or 8423 of title 5, United States
                Code, as applicable, with respect to such service.
            (3) Regulations.--The Office shall prescribe such
        regulations as may be necessary to carry out this subsection,
        including provisions relating to the time and manner in which
        any application or deposit shall be made, and how any interest
        shall be computed.
    (c) Mandatory Separation.--Nothing in section 8335(a) or 8425(a) of
title 5, United States Code, shall be considered to require the
separation of an individual from a position as a controller (within the
meaning of section 8331(27)(B) or section 8401(33)(B) of title 5,
United States Code, as amended by this Act) if such individual was
first appointed to any such position before the effective date of this
Act.

Summary: Air Traffic Supervisor Retirement Reform Act of 1995 - Provides that service performed by certain civilian employees of the Departments of Transportation or of Defense holding specified positions for which experience as an air traffic controller is a prerequisite shall be creditable for retirement under the Civil Service and Federal Employees' Retirement Systems.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Falls Preservation and
Redevelopment Act of 1993''.

SEC. 2. DEFINITIONS.

    As used in this Act--
            (1) the term ``District'' means the Great Falls Historic
        District established under section 4; and
            (2) the term ``Secretary'' means the Secretary of the
        Interior.

SEC. 3. PURPOSE.

    The purpose of this Act is to preserve and interpret the
educational and inspirational benefit of the unique and distinguished
contribution to our national heritage of certain historic and cultural
lands, waterways, and edifices of the Great Falls Historic District.
Such purpose shall be carried out with an emphasis on harnessing this
unique urban environment for its educational and recreational value,
and enhancing economic and cultural redevelopment within the District.

SEC. 4. GREAT FALLS HISTORIC DISTRICT.

    (a) Establishment.--There is established in the city of Paterson in
the county of Passaic in the State of New Jersey the Great Falls
Historic District.
    (b) Boundaries.--The boundaries of the District shall be the
boundaries as specified for the Great Falls Historic District listed on
the National Register of Historic Places.

SEC. 5. ADMINISTRATION.

    (a) In General.--The Secretary shall administer the District
through cooperative agreements in accordance with this Act.
    (b) Grants; Cooperative Agreements.--
            (1) In general.--In expending sums made available pursuant
        to this Act, the Secretary may make grants to, and enter into
        cooperative agreements with, nonprofit entities for--
                    (A) the purchase of property or easements;
                    (B) emergency stabilization; and
                    (C) the establishment of a coordinated fund.
            (2) Purpose.--Grants and cooperative agreements entered
        into under this subsection shall be used to carry out this Act,
        including the following activities:
                    (A) An evaluation of--
                            (i) the condition of historic and
                        architectural resources existing on the date of
                        enactment of this Act; and
                            (ii) the environmental and flood hazard
                        conditions within the District.
                    (B) Recommendations for--
                            (i) rehabilitating, reconstructing, and
                        adaptively reusing such historic and
                        architectural resources;
                            (ii) preserving viewsheds, focal points,
                        and streetscapes;
                            (iii) establishing gateways to the
                        District;
                            (iv) establishing and maintaining parks and
                        public spaces;
                            (v) restoring, improving, and developing
                        raceways and adjacent areas;
                            (vi) developing public parking areas;
                            (vii) improving pedestrian and vehicular
                        circulation within the District;
                            (viii) improving security within the
                        District, with an emphasis on preserving
                        historically significant structures from arson;
                        and
                            (ix) establishing a visitor's center.
    (c) Restoration, Maintenance, and Interpretation.--
            (1) In general.--The Secretary may enter into cooperative
        agreements with the owners of properties within the District of
        historical or cultural significance as determined by the
        Secretary, pursuant to which the Secretary may mark, interpret,
        improve, restore, and provide technical assistance with respect
        to the preservation and interpretation of such properties.
            (2) Requirements.--Each agreement entered into pursuant to
        paragraph (1) shall contain provisions ensuring that--
                    (A) the Secretary shall have the right of access at
                reasonable times to public portions of the property for
                interpretive and other purposes; and
                    (B) no changes or alterations shall be made in the
                property except by mutual agreement.
    (d) Cooperative Agreements With State.--In administering the
District, the Secretary may enter into cooperative agreements with the
State of New Jersey, or any political subdivision thereof, for
rendering, on a reimbursable basis, rescue, firefighting, and law
enforcement services, cooperative assistance by nearby law enforcement
and fire preventive agencies, and for other appropriate purposes.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

Summary: Great Falls Preservation and Redevelopment Act of 1993 - Establishes the Great Falls Historic District in Paterson, New Jersey, to be administered by the Secretary of the Interior. Authorizes the Secretary to enter into cooperative agreements with: (1) nonprofit entities for the purchase of property or easements, emergency stabilization, and the establishment of a coordinated fund to carry out this Act. (2) property owners for the preservation and interpretation of properties of historical or cultural significance. And (3) the State of New Jersey for rescue, firefighting, and law enforcement services in the District. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Self-Reliance for the
World's Poorest Act of 2002''.

SEC. 2. REAUTHORIZATION OF MICROENTERPRISE ASSISTANCE PROGRAMS.

    (a) Micro- and Small Enterprise Development Credits.--Section
108(f)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151f(f)(1))
is amended by inserting ``and $2,000,000 for each of the fiscal years
2003 through 2006'' after ``$1,500,000 for each of fiscal years 2001
and 2002''.
    (b) Microenterprise Development Grant Assistance.--Section 131(d)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(d)) is amended
by inserting ``and $200,000,000 for each of the fiscal years 2003
through 2006'' after ``$155,000,000 for each of the fiscal years 2001
and 2002''.

SEC. 3. POVERTY MEASUREMENT METHODS UNDER MICROENTERPRISE ASSISTANCE
              PROGRAMS.

    (a) In General.--Section 131(b) of the Foreign Assistance Act of
1961 (22 U.S.C. 2152a(b)) is amended--
            (1) in paragraph (3)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by striking ``targeted to very poor
                        entrepreneurs'' in the first sentence and
                        inserting ``obligated and expended in support
                        of programs or services under which 50 percent
                        or more of the clients are initially very
                        poor''; and
                            (ii) by adding at the end of the first
                        sentence before the period the following: ``or
                        as those living on the equivalent of less than
                        $1 per day (as determined by the World Bank)'';
                        and
                    (B) in subparagraph (A)(i), by striking
                ``entrepreneurs'' and inserting ``clients''; and
            (2) by adding at the end the following:
            ``(6) Poverty measurement methods.--(A) The Administrator
        of the United States Agency for International Development
        shall, in consultation with appropriate microfinance and
        microenterprise institutions, develop methods to measure the
        level of poverty of clients of sustainable poverty-focused
        microenterpise programs under paragraph (1).
            ``(B) In developing poverty measurement methods under
        subparagraph (A), the Administrator shall--
                    ``(i) utilize cost-efficient sampling methods as
                opposed to full census methods, using criteria that
                correlate with characteristics of either those
                individuals living in the bottom 50 percent below the
                official poverty line (as established by the national
                government of the country) or those individuals living
                on less than $1 per day (as determined by the World
                Bank), including criteria such as the availability of
                the basic necessities of life (including nutritious
                food, climate-appropriate clothing and shelter, and
                clean water);
                    ``(ii) utilize cost-efficient sampling methods that
                are appropriate for application by microfinance and
                microenterprise institutions on an annual basis; and
                    ``(iii) give priority to methods already in use by
                practitioner institutions that meet the criteria in
                clauses (i) and (ii), including measures of loan size.
            ``(C) The Administrator--
                    ``(i) shall implement interim poverty measurement
                methods in accordance with this paragraph--
                            ``(I) with respect to not less than 25
                        sustainable poverty-focused programs by
                        September 30, 2002; and
                            ``(II) with respect to not less than 40
                        sustainable poverty-focused programs by
                        September 30, 2003; and
                    ``(ii) shall implement final poverty measurement
                methods in accordance with this paragraph not later
                than September 30, 2004.
            ``(D) In carrying out subparagraph (C)(i), the
        Administrator shall ensure that the programs described in such
        subparagraph are equitably distributed among the various
        countries and regions of the world.
            ``(E) As of October 1, 2004, grant assistance to a program
        or service under this subsection shall qualify in whole or in
        part as targeted assistance to the very poor under paragraph
        (3) if one of the approved final measurement methods verifies
        that at least 50 percent of the clients of the program or
        service are among the very poor as described in paragraph
        (3).''.
    (b) Report.--Not later than July 1, 2004, the Administrator of the
United States Agency for International Development shall submit to
Congress a report that contains--
            (1)(A) a description of the interim poverty measurement
        methods implemented in accordance with section 131(b)(6)(C)(i)
        of the Foreign Assistance Act of 1961, as added by subsection
        (a); and
            (B) an analysis of the results of the application of such
        poverty measurement methods to sustainable poverty-focused
        programs under such section; and
            (2) a description of the proposed final poverty measurement
        methods to be implemented not later than September 30, 2004, in
        accordance with section 131(b)(6)(C)(ii) of such Act.

Summary: Promoting Self-Reliance for the World's Poorest Act of 2002 - Amends the Foreign Assistance Act of 1961 to reauthorize sustainable poverty-focused microenterprise assistance programs through micro- and small enterprise development credits and microenterprise development grants for developing countries. Revises certain requirements with respect to such programs to require 50 percent of all microenterprise resources to be obligated and expended in support of programs or services under which 50 percent or more of the clients are initially very poor, that is, those persons living in the bottom 50 percent below the poverty line or those living on the equivalent of less than $1 per day. Requires the Administrator of the United States Agency for International Development (AID) to develop and implement certain interim methods to measure the level of poverty of clients of sustainable poverty-focused microenterprise programs under the Act.

To amend the Foreign Assistance Act of 1961 to reauthorize microenterprise assistance programs under that Act and to expand sustainable poverty-focused microenterprise programs under that Act by implementing improved poverty measurement methods under those programs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Know Before You Fly Act''.

SEC. 2. DISCLOSURE OF FEES.

    Section 41712 of title 49, United States Code, is amended by adding
at the end the following:
    ``(d) Disclosure of Fees.--
            ``(1) In general.--It shall be an unfair or deceptive
        practice under subsection (a) for any air carrier, foreign air
        carrier, or ticket agent to fail to include, in an internet
        fare quotation for a specific itinerary in air transportation
        selected by a consumer, a clear and prominent statement that
        additional fees for checked baggage and carry-on baggage may
        apply, along with a prominent link from that internet website
        page directly to a list of all such fees.
            ``(2) Savings provision.--Nothing in this subsection may be
        construed to derogate or limit any responsibilities of an air
        carrier, foreign air carrier, or ticket agent under section
        399.85 of title 14, Code of Federal Regulations, or any
        successor provision.''.

SEC. 3. WIDESPREAD DISRUPTIONS.

    (a) In General.--Chapter 423 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 42304. Widespread disruptions
    ``(a) General Requirements.--A covered air carrier shall publish,
via a prominent link on the air carrier's public internet website, a
clear statement indicating whether or not, with respect to a passenger
of the air carrier whose travel is interrupted as a result of a
widespread disruption, the air carrier will--
            ``(1) provide for hotel accommodations;
            ``(2) arrange for ground transportation;
            ``(3) provide meal vouchers;
            ``(4) arrange for air transportation on another air carrier
        or foreign air carrier to the passenger's destination; and
            ``(5) provide for sleeping facilities, food, and water
        inside the airport terminal.
    ``(b) Transportation on Other Air Carriers.--The information
provided by a covered air carrier under subsection (a)(4) shall
identify each air carrier and foreign air carrier with which the
covered air carrier will arrange air transportation as described in
subsection (a)(4).
    ``(c) Definitions.--In this section, the following definitions
apply:
            ``(1) Widespread disruption.--The term `widespread
        disruption' means, with respect to a covered air carrier, the
        interruption of all or a substantial portion of the air
        carrier's system-wide flight operations, including flight
        delays and cancellations, as the result of the failure of one
        or more computer systems or computer networks of the air
        carrier.
            ``(2) Covered air carrier.--The term `covered air carrier'
        means an air carrier that provides scheduled or public charter
        passenger air transportation by operating an aircraft that as
        originally designed has a passenger capacity of thirty or more
        seats.
    ``(d) Savings Provision.--Nothing in this section may be construed
to modify, abridge, or repeal any obligation of an air carrier under
section 42301.''.
    (b) Conforming Amendment.--The analysis for chapter 423 of title
49, United States Code, is amended by adding at the end the following:

``42304. Widespread disruptions.''.

SEC. 4. CABIN AIR QUALITY.

    (a) Designation of Office.--Not later than 90 days after the date
of enactment of this Act, the Administrator of the Federal Aviation
Administration shall designate an office of the Administration to
receive and analyze reports involving fumes in the air conditioning and
pressurization systems of aircraft operated under the provisions of
part 121 of title 14, Code of Federal Regulations.
    (b) Corrective Actions.--If the head of the office designated under
subsection (a) determines with respect to a report received under
subsection (a) that corrective action would reduce the recurrence of an
event described in the report, the head of the office shall transmit
that determination to the Associate Administrator for Aviation Safety.
    (c) Standardized Reporting.--Not later than 60 days after the date
of enactment of this Act, the Administrator shall issue guidance to air
carrier employees regarding terminology and phraseology for
standardized reporting of fume events in the Administration's standard
service difficulty reports.
    (d) Annual Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the head of the office
designated under subsection (a) shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on--
            (1) the number of reports received under subsection (a);
            (2) the disposition of the reports; and
            (3) the status of the Administration's implementation of
        any corrective actions identified under subsection (b).

Summary: Know Before You Fly Act This bill makes it an unfair or deceptive practice for an air carrier, foreign air carrier, or ticket agent to fail to disclose in its Internet fare quotation a clear and prominent statement of checked baggage and carry-on baggage fees, along with a prominent website link to a list of all such fees. A covered air carrier shall publish on its website a clear statement indicating whether it will provide passengers whose travel is interrupted due to a widespread disruption: hotel accommodations, ground transportation, meal vouchers, transportation on another air carrier to the passenger's destination. And sleeping facilities, food, and water inside the airport terminal. A quot, covered air carrierquot. Is defined as an air carrier that provides scheduled or public charter air transportation in an aircraft designed for a passenger capacity of 30 or more. The Federal Aviation Administration (FAA) shall designate a FAA office to receive and analyze reports involving fumes in the air conditioning and pressurization systems of commercial aircraft.

Know Before You Fly Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Travelling Sales Crew Protection
Act''.

SEC. 2. APPLICATION OF FAIR LABOR STANDARDS ACT OF 1938 TO CERTAIN
              OUTSIDE SALESMEN.

    (a) In General.--Section 13 of the Fair Labor Standards Act of 1938
(29 U.S.C. 213) is amended by adding at the end the following:
    ``(k) For purposes of subsection (a)(1), and notwithstanding any
other provision of law, the term `outside salesman' does not include
any individual employed in the position of a salesman, if the
individual travels with a group of salespeople, including a supervisor,
team leader or crew leader, and the employees in the group do not
return to their permanent residences at the end of the work day.''.
    (b) Limitation on Child Labor.--Section 12 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 212) is amended by adding at the end
the following:
    ``(e) No individual under 18 years of age may be employed in a
position requiring the individual to engage in door-to-door sales or in
related support work in a manner that requires the individual to remain
away from the individual's permanent residence for more than 24
hours.''.

SEC. 3. PROTECTION OF TRAVELLING SALES CREWS.

    (a) Travelling Sales Crew Worker Defined.--(1) Except as provided
in paragraph (2), the term ``travelling sales crew worker'' means an
individual who--
                    (A) is employed as a salesperson or in related
                support work;
                    (B) travels with a group of salespersons, including
                a supervisor; and
                    (C) is required to be absent overnight from his or
                her permanent place of residence.--
    (2) Such term does not include--
            (D) any individual who meets the requirements of
        subparagraph (A) if such individual is travelling to a trade
        show or convention; or
            (E) any immediate family member of a travelling sales crew
        employer.
    (b) Secretary to Prescribe Rules.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Labor (hereinafter
in this Act, the ``Secretary'') shall prescribe rules governing the
protection of travelling sales crews. Such rules shall contain the
following requirements:
            (1) Registration.--Each employer or supervisor of a
        travelling sales crew worker must obtain a certificate of
        registration from the Secretary. The Secretary shall prescribe
        the manner of application and the standards for issuance for
        such a certificate, including a reasonable fee for such
        application.
            (2) Employer requirements.--An employer of travelling sales
        crew workers must carry out the following duties, in accordance
        with the rules prescribed by the Secretary:
                    (A) Disclosure of conditions of employment.--The
                employer must disclose to each travelling sales crew
                worker employed by such employer, in writing,
                information related to such worker's conditions of
                employment, including the rate of pay, applicable pay
                period, duration of employment, and whether the
                employer provides workers' compensation insurance
                coverage for the worker.
                    (B) Payment of wages, recordkeeping.--For each pay
                period, the employer must--
                            (i) pay to each travelling sales crew
                        worker employed by such employer wages owed
                        such worker when due;
                            (ii) make such payment in United States
                        currency or by negotiable instrument; and
                            (iii) provide a written statement to each
                        travelling sales crew worker employed by such
                        employer, and maintain records (which must be
kept for at least 3 years), relating to the earnings of (and any
withholdings of earnings from) each such worker.
                    (C) Employer payment of employee business
                expenses.--Other than a deduction from wages for the
                actual cost to the employer of any board, lodging, or
                other facilities provided by the employer to a
                travelling sales crew worker employed by such employer,
                the employer may not require the worker--
                            (i) to purchase any goods or services
                        solely from the employer; or
                            (ii) to pay for any of the employer's
                        business expenses.
                    (D) Vehicle insurance.--The employer must maintain
                liability insurance coverage in compliance with any
                applicable State law and sufficient (as determined by
                the Secretary) to protect any travelling sales crew
                workers transported in such a vehicle and to ensure
                against liability to other persons and property arising
                from the use of such vehicle for such purpose, except
                that if the Secretary determines that such workers are
                covered under an applicable workers' compensation
                insurance policy provided by the employer, additional
                vehicle insurance covering such workers may be waived
                by the Secretary.
                    (E) Transportation safety.--The employer must
                maintain any motor vehicle used to transport a
                travelling sales crew worker employed by such employer
                in compliance with any applicable Federal, State, or
                local vehicle safety standards and with any additional
                safety rules prescribed by the Secretary.
                    (F) Housing safety.--The employer must maintain any
                lodging owned or controlled by the employer in
                compliance with any applicable Federal, State, or local
                housing, sanitation, health, building, or other safety
                standards and with any additional safety rules
                prescribed by the Secretary.
                    (G) Prohibition on discrimination.--An employer, or
                an agent of the employer, may not intimidate, threaten,
                restrain, coerce, blacklist, discharge, or in any
                manner discriminate against any travelling sales crew
                worker because such worker has, with just cause, filed
                any complaint or instituted, or caused to be
                instituted, any proceeding under or related to this
                Act, or has testified or is about to testify in any
                such proceeding, or because of the exercise, with just
                cause, by such worker on behalf of the worker or others
                of any right or protection afforded by this Act.

SEC. 4. ENFORCEMENT.

    (a) Criminal Sanctions.--An employer that willfully and knowingly
violates a rule prescribed under this Act shall be imprisoned for not
more than one year or fined not more than $10,000, or both. Upon
conviction for a subsequent violation of a rule prescribed under this
Act, an employer shall be imprisoned for not more than 3 years or fined
not more than $50,000, or both.
    (b) Civil Penalty.--An employer that violates a rule prescribed
under this Act shall be liable to the United States for a civil penalty
of not more than $10,000 for each such violation. The Secretary may
assess and collect such civil penalty after a determination, made on
the record after opportunity for an agency hearing, of--
            (1) liability for such violation; and
            (2) the appropriate amount of the penalty, based on the
        previous compliance record of the employer and the gravity of
        the violation.
    (c) Administrative Actions.--The Secretary shall prescribe rules
providing a procedure for an aggrieved travelling sales crew worker to
file an administrative complaint with the Secretary, which the
Secretary shall investigate and follow up with any appropriate
enforcement action against the employer of such worker, including
referral to the Attorney General of such employer for criminal
sanctions under subsection (a), the imposition by the Secretary of a
civil penalty under subsection (b), or the filing of a civil action on
behalf of such worker to enjoin such employer under subsection (d).
    (d) Civil Action.--Any person aggrieved by a violation of a rule
prescribed under this Act (or the Secretary, on behalf of any such
person) may bring, in an appropriate United States district court
(without regard to the amount in controversy, the citizenship of the
parties, or the exhaustion of administrative remedies), a civil
action--
            (1) to enjoin such violation;
            (2) to recover the greater of--
                    (A) actual damages; or
                    (B) not more than $1,000 for each such violation
                for each plaintiff (which may not exceed $1,000,000 for
                all plaintiffs in a class); and
            (3) for other equitable relief; and
            (4) to recover the costs of the litigation and a reasonable
        attorney fee.

Summary: Traveling Sales Crew Protection Act - Amends the Fair Labor Standards Act of 1938 to: (1) exclude from an exemption from minimum wage and overtime requirements employee members of traveling sales crews who do not return to their permanent residences at the end of the workday. And (2) prohibit minors from being employed in door-to-door sales or related support work requiring them to remain away from their permanent residences for more than 24 hours. Requires certificates of registration for employers and supervisors of traveling sales crews operations. Sets forth various obligations of employers of traveling sales crew workers. Directs the Secretary of Labor to: (1) administer such registration system. And (2) promulgate safety and health standards for vehicles used to transport traveling sales crew members. Sets forth enforcement provisions, including criminal sanctions, civil penalties, administrative complaints, and private rights of action.

To amend the Fair Labor Standards Act of 1938 to ensure the protection of employees in travelling sales crews, and for other purposes.


SECTION 1. GRANULATED POLYTETRAFLUOROETHYLENE RESIN FROM ITALY.

    (a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of
Customs and Border Protection shall, not later than 90 days after the
receipt of the request described in subsection (b), liquidate or
reliquidate the entries listed in subsection (d) in accordance with the
U.S. Department of Commerce Final Results of Antidumping Administrative
Review (60 Fed. Reg. 53,737 (October 17, 1995)) and the corresponding
internal liquidation instructions issued on July 7, 2000.
    (b) Request.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (d)
only if a request therefore is filed with the Bureau of Customs and
Border Protection not later than 90 days after the date of the
enactment of this Act.
    (c) Refund of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of an entry described in
subsection (d) (including interest from the date of entry) shall be
refunded not later than 90 days after the date of such liquidation or
reliquidation.
    (d) Entry.--The entries referred to in subsection (a) are as
follows:

           Entry number          Entry date            Liquidation Date

           002-0504959-6.......  07/14/92............  12/01/00
           237-0049216-0.......  08/04/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
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           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
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           002-0505036-2.......  08/10/92............  12/01/00
           237-0049310-1.......  08/24/92............  12/01/00
           237-0049310-1.......  08/24/92............  12/01/00
           237-0049310-1.......  08/24/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           237-0049661-7.......  10/12/92............  11/06/98
           237-0049661-7.......  10/12/92............  11/06/98
           237-0049661-7.......  10/12/92............  11/06/98
           002-0505350-7.......  10/19/92............  12/01/00
           002-0505350-7.......  10/19/92............  12/01/00
           002-0505350-7.......  10/19/92............  12/01/00
           002-0505350-7.......  10/19/92............  12/01/00
           002-0505350-7.......  10/19/92............  12/01/00
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505810-0.......  01/18/93............  05/24/96
           002-0505810-0.......  01/18/93............  05/24/96
           002-0505810-0.......  01/18/93............  05/24/96
           002-0505810-0.......  01/18/93............  05/24/96
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           002-0505810-0.......  01/18/93............  05/24/96
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0506261-5.......  03/30/93............  05/24/96
           002-0506261-5.......  03/30/93............  05/24/96
           002-0506261-5.......  03/30/93............  05/24/96
           002-0506261-5.......  03/30/93............  05/24/96
           002-0506261-5.......  03/30/93............  05/24/96
           002-0506337-3.......  04/23/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0505117-0.......  08/31/92............  12/01/00
           002-0505117-0.......  08/31/92............  12/01/00
           002-0505117-0.......  08/31/92............  12/01/00
           002-0505156-8.......  09/03/92............  12/01/00
           002-0505156-8.......  09/03/92............  12/01/00
           002-0505221-0.......  09/14/92............  12/01/00
           002-0505222-8.......  09/14/92............  12/01/00
           002-0505217-8.......  09/21/92............  12/01/00
           002-0505217-8.......  09/21/92............  12/01/00
           002-0505270-7.......  09/28/92............  12/01/00
           002-0505270-7.......  09/28/92............  12/01/00
           002-0505270-7.......  09/28/92............  12/01/00
           002-0505328-3.......  10/14/92............  12/01/00
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           002-0505328-3.......  10/14/92............  12/01/00
           002-0505364-8.......  10/19/92............  12/01/00
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           002-0505654-2.......  12/22/92............  12/01/00
           002-0505653-4.......  12/21/92............  12/01/00
           002-0505653-4.......  12/21/92............  12/01/00
           002-0505651-8.......  12/24/92............  12/01/00
           002-0505651-8.......  12/24/92............  12/01/00
           002-0505651-8.......  12/24/92............  12/01/00
           002-0505651-8.......  12/24/92............  12/01/00
           002-0505811-8.......  01/11/93............  05/24/96
           002-0505811-8.......  01/11/93............  05/24/96
           002-0505809-2.......  01/13/93............  05/24/96
           002-0505809-2.......  01/13/93............  05/24/96
           002-0505877-9.......  01/25/93............  05/24/96
           002-0505877-9.......  01/25/93............  05/24/96
           002-0505878-7.......  01/25/93............  05/24/96
           002-0506061-9.......  02/15/93............  05/24/96
           002-0506061-9.......  02/15/93............  05/24/96
           002-0505998-3.......  02/23/93............  05/24/96
           002-0505998-3.......  02/23/93............  05/24/96
           002-0506181-5.......  03/09/93............  05/24/96
           002-0506181-5.......  03/09/93............  05/24/96
           002-0506136-9.......  03/19/93............  05/24/96
           002-0506202-9.......  03/19/93............  05/24/96
           002-0506202-9.......  03/19/93............  05/24/96
           002-0506221-9.......  03/29/93............  05/24/96
           002-0506221-9.......  03/29/93............  05/24/96
           002-0506221-9.......  03/29/93............  05/24/96
           002-0506221-9.......  03/29/93............  05/24/96
           002-0506269-8.......  04/02/93............  05/24/96
           002-0506302-7.......  04/13/93............  05/24/96
           002-0506365-4.......  04/13/93............  05/24/96
           002-0506365-4.......  04/13/93............  05/24/96
           002-0506364-7.......  04/28/93............  05/24/96
           002-0506340-7.......  04/20/93............  05/24/96
           002-0506340-7.......  04/20/93............  05/24/96
           002-0506396-9.......  05/04/93............  05/24/96
           002-0506455-3.......  05/10/93............  05/24/96
           002-0506455-3.......  05/10/93............  05/24/96
           002-0506524-6.......  05/17/93............  05/24/96
           002-0506539-4.......  05/25/93............  05/24/96
           002-0506539-4.......  05/25/93............  05/24/96
           002-0506584-0.......  06/07/93............  05/24/96
           002-0506584-0.......  06/07/93............  05/24/96

Summary: Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries of Granulated polytetrafluoroethylene resin from Italy.

A bill to provide for the liquidation or reliquidation of certain entries of Granulated polytetrafluoroethylene resin from Italy.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Emergency Health Services
Reimbursement Act of 2002''.

SEC. 2. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES FURNISHED TO
              UNDOCUMENTED ALIENS.

    Section 4723 of the Balanced Budget Act of 1997 (8 U.S.C. 1611
note) is amended to read as follows:

``SEC. 4723. FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH SERVICES
              FURNISHED TO UNDOCUMENTED ALIENS.

    ``(a) Total Amount Available for Allotment.--There is appropriated,
out of any funds in the Treasury not otherwise appropriated,
$200,000,000 for each of fiscal years 2003 through 2007, for the
purpose of making allotments under this section to States described in
paragraph (1) or (2) of subsection (b).
    ``(b) State Allotments.--
            ``(1) Based on highest number of undocumented aliens.--
                    ``(A) Determination of allotments.--
                            ``(i) In general.--Out of the amount
                        appropriated under subsection (a) for a fiscal
                        year, the Secretary shall use $134,000,000 of
                        such amount to compute an allotment for each
                        such fiscal year for each of the 17 States with
                        the highest number of undocumented aliens.
                            ``(ii) Formula.--The amount of such
                        allotment for each such State for a fiscal year
                        shall bear the same ratio to the total amount
                        available for allotments under this paragraph
                        for the fiscal year as the ratio of the number
                        of undocumented aliens in the State in the
                        fiscal year bears to the total of such numbers
                        for all such States for such fiscal year.
                            ``(iii) Availability of funds.--The amount
                        of an allotment provided to a State under this
                        paragraph for a fiscal year that is not paid
                        out under subsection (c) shall be available for
                        payment during the subsequent fiscal year.
                    ``(B) Data.--For purposes of subparagraph (A), the
                number of undocumented aliens in a State shall be
                determined based on estimates of the resident
                undocumented alien population residing in each State
                prepared by the Statistics Division of the Immigration
                and Naturalization Service as of October 1992 (or as of
                such later date if such date is at least 1 year before
                the beginning of the fiscal year involved).
            ``(2) Based on number of undocumented alien apprehension
        states.--
                    ``(A) In general.--Out of the amount appropriated
                under subsection (a) for a fiscal year, the Secretary
                shall use $66,000,000 of such amount to compute an
                allotment for each such fiscal year for each of the 6
                States with the highest number of undocumented alien
                apprehensions for such fiscal year.
                    ``(B) Determination of allotments.--The amount of
                such allotment for each such State for a fiscal year
                shall bear the same ratio to the total amount available
                for allotments under this paragraph for the fiscal year
                as the ratio of the number of undocumented alien
                apprehensions in the State in the fiscal year bears to
                the total of such numbers for all such States for such
                fiscal year.
                    ``(C) Data.--For purposes of this paragraph, the
                highest number of undocumented alien apprehensions for
                a fiscal year shall be based on the 4 most recent
                quarterly apprehension rates for undocumented aliens in
                such States, as reported by the Immigration and
                Naturalization Service.
                    ``(D) Availability of funds.--The amount of an
                allotment provided to a State under this paragraph for
                a fiscal year that is not paid out under subsection (c)
                shall be available for payment during the subsequent
                fiscal year.
            ``(3) Rule of construction.--Nothing in this section shall
        be construed as prohibiting a State that is described in both
        of paragraphs (1) and (2) from receiving an allotment under
        both such paragraphs for a fiscal year.
    ``(c) Use of Funds.--The Secretary shall pay, from the allotments
made for a State under paragraphs (1) and, if applicable, (2) of
subsection (b) for a fiscal year, to each State and directly to local
governments, hospitals, or other providers located in the State
(including providers of services received through an Indian Health
Service facility whether operated by the Indian Health Service or by an
Indian tribe or tribal organization (as defined in section 4 of the
Indian Health Care Improvement Act)) that provide uncompensated
emergency health services furnished to undocumented aliens during that
fiscal year, such amounts (subject to the total amount available from
such allotments) as the State, local governments, hospitals, or
providers demonstrate were incurred for the provision of such services
during that fiscal year.
    ``(d) Definitions.--In this section:
            ``(1) Hospital.--The term `hospital' has the meaning given
        such term in section 1861(e) of the Social Security Act (42
        U.S.C. 1395x(e)).
            ``(2) Provider.--The term `provider' includes a physician,
        any other health care professional licensed under State law,
        and any other entity that furnishes emergency health services,
        including ambulance services.
            ``(3) Secretary.--The term `Secretary' means the Secretary
        of Health and Human Services.
            ``(4) State.--The term `State' means the 50 States and the
        District of Columbia.
    ``(e) Entitlement.--This section constitutes budget authority in
advance of appropriations Acts and represents the obligation of the
Federal Government to provide for the payment of amounts provided under
this section.''.

Summary: Local Emergency Health Services Reimbursement Act of 2002 - Amends the Balanced Budget Act of 1997 to appropriate $200,000,000 for each of FY 2003 through 2007 for allotments to States for reimbursement of emergency health services furnished to undocumented aliens . Directs the Secretary of Health and Human Services to use $134,000,000 of such amount to compute an allotment, according to a specified formula, for each of the 17 States with the highest number of undocumented aliens. Directs the Secretary to use $66,000,000 to compute an allotment for each of the six States with the highest number of undocumented alien apprehensions. Permits a State to receive funds on both accounts. Allows funds to go to States, local governments, hospitals, or other providers in a State, including providers of services received through an Indian Health Service facility . Declares that this Act constitutes budget authority in advance of appropriations Acts.

A bill to amend the Balanced Budget Act of 1997 to extend and modify the reimbursement of State and local funds expended for emergency health services furnished to undocumented aliens.


SECTION 1. ADJUSTMENTS TO RATES OF BASIC PAY OF PREVAILING RATE
              EMPLOYEES.

    (a) Limitation on Adjustments.--
            (1) Prevailing rate employees of agencies.--Notwithstanding
        any other provision of law, and except as otherwise provided in
        this section, a prevailing rate employee described in section
        5342(a)(2)(A) of title 5, United States Code, may not be paid--
                    (A) during the period beginning on January 1, 2014,
                and ending on the normal effective date of the
                applicable wage survey adjustment that is to take
                effect in fiscal year 2014, in an amount that exceeds
                the rate payable for the applicable grade and step of
                the applicable wage schedule in accordance with such
                section; and
                    (B) during the period beginning on the day after
                the end of the period described in subparagraph (A) and
                ending on September 30, 2014, in an amount that
                exceeds, as a result of a wage survey adjustment, the
                rate payable under subparagraph (A) by more than the
                sum of--
                            (i) the percentage adjustment taking effect
                        in fiscal year 2014 under section 5303 of title
                        5, United States Code, in the rates of pay
                        under the General Schedule; and
                            (ii) the difference between the overall
                        average percentage of the locality-based
                        comparability payments taking effect in fiscal
                        year 2014 under section 5304 of such title
                        (whether by adjustment or otherwise), and the
                        overall average percentage of such payments
                        which was effective in the previous fiscal year
                        under such section.
            (2) Other prevailing rate employees.--Notwithstanding any
        other provision of law, no prevailing rate employee described
        in subparagraph (B) or (C) of section 5342(a)(2) of title 5,
        United States Code, and no employee covered by section 5348 of
        such title, may be paid during the periods for which paragraph
        (1) is in effect at a rate that exceeds the rates that would be
        payable under paragraph (1) were paragraph (1) applicable to
        such employee.
            (3) Employees paid from new schedules.--For the purposes of
        this subsection, the rates payable to an employee who is
        covered by this subsection and who is paid from a schedule not
        in existence on September 30, 2013, shall be determined under
        regulations prescribed by the Office of Personnel Management.
            (4) Rates of premium pay.--Notwithstanding any other
        provision of law, rates of premium pay for employees subject to
        this subsection may not be changed from the rates in effect on
        September 30, 2013, except to the extent determined by the
        Office of Personnel Management to be consistent with the
        purpose of this subsection.
            (5) Period covered.--This subsection shall apply with
        respect to pay for service performed on or after the first day
        of the first applicable pay period beginning after December 31,
        2013.
            (6) Treatment under other laws.--For the purpose of
        administering any provision of law (including any rule or
        regulation that provides premium pay, retirement, life
        insurance, or any other employee benefit) that requires any
        deduction or contribution, or that imposes any requirement or
        limitation on the basis of a rate of salary or basic pay, the
        rate of salary or basic pay payable after the application of
        this subsection shall be treated as the rate of salary or basic
        pay.
            (7) Limitations.--Nothing in this subsection shall be
        considered to permit or require the payment to any employee
        covered by this subsection at a rate in excess of the rate that
        would be payable were this subsection not in effect.
            (8) Exceptions.--The Office of Personnel Management may
        provide for exceptions to the limitations imposed by this
        subsection if the Office determines that such exceptions are
        necessary to ensure the recruitment or retention of qualified
        employees.
    (b) Comparability of Adjustments.--
            (1) In general.--Notwithstanding subsection (a), effective
        as of the first day of the first applicable pay period
        beginning after December 31, 2013, the percentage increase in
        rates of basic pay for the statutory pay systems under sections
        5344 and 5348 of title 5, United States Code, that takes place
        in fiscal year 2014 shall be not less than the percentage
        increase received by employees in the same pay locality whose
        rates of basic pay are adjusted under sections 5303 and 5304 of
        title 5, United States Code.
            (2) Pay localities.--For the purposes of this subsection,
        prevailing rate employees in localities where there are no
        employees whose pay is increased pursuant to sections 5303 and
        5304 of title 5, United States Code, and prevailing rate
        employees described in section 5343(a)(5) of title 5, United
        States Code, shall be considered to be located in the pay
        locality designated as ``Rest of United States'' under section
        5304 of title 5, United States Code.

Summary: Prohibits any prevailing rate employee in a federal agency, between January 1 and September 30, 2014, from being paid an amount exceeding specified limits resulting from an applicable wage survey adjustment. Prohibits the percentage increase in wages paid to a prevailing wage employee in FY2014 from being less than the percentage increase in the basic pay of other federal employees in the same pay locality.

To ensure that the percentage increase in rates of basic pay for prevailing wage employees shall be equal to the percentage increase received by other Federal employees in the same pay locality, and for other purposes.