SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alerting Lives through Effective and
Reliable Technological Systems Act of 2008'' or the ``ALERTS Act of
2008''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) numerous proven and tested technologies exist to enable
        the Federal Government to enhance its public alert and warning
        system;
            (2) the expected benefits of these enhancements include--
                    (A) greater security, reliability, and redundancy
                of the system;
                    (B) rapid alert dissemination;
                    (C) an improved ability to notify remote locations;
                    (D) the ability to geographically target and
                deliver alerts and warnings to multiple devices; and
                    (E) the ability to permit State homeland security
                grants to be utilized for the purposes of modernizing
                public alert and warning systems;
            (3) there is a need to test the viability of delivering
        messages through diverse communications modes to effectively
        alert and warn the public;
            (4) there is a need to modernize and improve the ability of
        the Federal Government to provide residents of the United
        States with timely and effective warnings;
            (5) although significant Federal integration efforts are
        underway, the aggregation, dissemination, and reporting system
        necessary for effective public alert and warning will require
        an integrated national network for reliable, secure, and
        authentic dissemination of emergency alerts and warnings to and
        from all Federal, State, local, and tribal entities that alert
        the public when appropriate.

SEC. 3. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end of the following
new section:

``SEC. 525. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
              MODERNIZATION.

    ``(a) In General.--In order to provide timely and effective
warnings and disseminate homeland security and other information, the
Secretary shall--
            ``(1) establish a national integrated public alert and
        warning system (in this section referred to as `the system')
        not later than two years after the date of the enactment of
        this section; and
            ``(2) designate an agency within the Department to receive,
        aggregate, validate, and authenticate homeland security and
        other information originated by authorized Federal, State,
        local, and tribal governments to facilitate the transmission of
        the Commercial Mobile Alert System.
    ``(b) Implementation Requirements.--In carrying out subsection (a),
the Secretary shall--
            ``(1) establish, as appropriate, common alerting and
        warning protocols, standards of performance, and terminology
        for the system established under subsection (a)(1) by adopting,
        where appropriate, mechanisms that integrate various approaches
        developed by key stakeholders;
            ``(2) include in the system the capability to adapt the
        dissemination of homeland security and other information and
        the content of communications on the basis of geographic
        location, risks, or user preferences, as appropriate;
            ``(3) include in the system the capability to alert and
        warn populations with special needs;
            ``(4) ensure that the system is incorporated into the
        training and exercise programs of the Department; and
            ``(5) coordinate, to the extent practicable, with other
        Federal agencies and departments and with State, local, and
        tribal governments, and other key stakeholders to leverage
        existing alert and warning capabilities.
    ``(c) System Requirements.--The Secretary shall ensure that the
system--
            ``(1) incorporates redundant and diverse modes to
        disseminate homeland security and other information in warning
        messages to the public so as to reach the greatest number of
        individuals;
            ``(2) can be adapted to incorporate future technologies;
            ``(3) is resilient, secure, and can withstand acts of
        terrorism and other external attacks;
            ``(4) delivers alerts to populations in remote areas; and
            ``(5) promotes State, local, tribal, and regional
        partnerships to enhance coordination.
    ``(d) Report.--Not later than one year after the date on which the
system established under subsection (a) is fully functional and every
six months thereafter, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate, a report on
the functionality and performance of the integrated public alert and
warning system, including--
            ``(1) an assessment of the accomplishments and deficiencies
        of the system;
            ``(2) recommendations for improvements to the system;
            ``(3) information on the feasibility and effectiveness of
        disseminating homeland security and other information, notices,
        and alerts prior to and following an incident requiring use of
        the system.
    ``(e) Commercial Mobile Alert System Pilot Program.--
            ``(1) In general.--Not later than three months after the
        date of the enactment of this section, the Secretary shall
        develop within the integrated public alert and warning system
        the commercial mobile alert system to provide rapid
        dissemination of homeland security and other information over
        commercial mobile devices and conduct a pilot program for the
        purpose of increasing the reach of the integrated public alert
        and warning system.
            ``(2) Scope.--The Secretary shall select at least five
        States to participate in the pilot program. The Secretary shall
        ensure the participation of States that represent a geographic
        (including urban and rural) cross-section of the United States
        and that vary in risk to acts of terrorism.
            ``(3) Termination.--The authority to carry out a pilot
        program under this section shall terminate on the date that is
        six months after the date of the commencement of the pilot
        program.
            ``(4) Report.--Not later than three months after the
        termination of the pilot program, the Secretary shall submit to
        the Committee on Homeland Security of the House of
        Representatives and the Committee on Homeland Security and
        Governmental Affairs of the Senate a report containing--
                    ``(A) a description and assessment of the
                effectiveness of the pilot program;
                    ``(B) any findings and conclusions of the Secretary
                with respect to the pilot program; and
                    ``(C) any recommendations for improvements to the
                commercial mobile alert system.
    ``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $37,000,000 for
fiscal year 2009 and such sums as may be necessary for each fiscal year
thereafter.''.
    (b) Limitation on Statutory Construction.--Nothing in this Act
(including the amendment made by this Act) shall be construed to affect
the authority of the Department of Commerce, the Federal Communications
Commission, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act.
    (c) Homeland Security Grants.--Section 2008(a) of the Implementing
Recommendations of the
9/11 Commission Act of 2007 (Public Law 110-53) is amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) by redesignating paragraph (13) as paragraph (14); and
            (3) by inserting after paragraph (12) the following new
        paragraph:
            ``(13) permitting State, local, and tribal governments to
        improve public alert and warning capabilities; and''.
    (d) Criminal Acts.--It shall be unlawful to tamper or interfere
with components of the system that are used or designed to deliver
alerts and warnings that were purchased with public funds, including
homeland security grants. A violation of section 525 of the Homeland
Security Act of 2002 (as added by section 3 of this Act) shall be
punishable by a fine of not more than $10,000, imprisonment for not
more than ten years, or both.

Summary: Alerting Lives through Effective and Reliable Technological Systems Act of 2008 or ALERTS Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to: (1) establish a national integrated public alert and warning system. (2) develop within such system a commercial mobile alert system to provide rapid dissemination of information over commercial mobile devices. And (3) designate an agency within the Department of Homeland Security (DHS) to receive, aggregate, validate, and authenticate homeland security and other information originated by authorized federal, state, local, and tribal governments to facilitate the transmission of such mobile alert system. Requires the Secretary to: (1) establish common alerting and warning protocols, standards of performance, and terminology. (2) include the capability to adapt the dissemination of information and the content of communications on the basis of geographic location, risks, or user preferences and to alert special needs populations. (3) ensure that the national warning system is incorporated into DHS training and exercise programs. And (4) coordinate with other federal agencies, state, local, and tribal governments, and key stakeholders. Directs the Secretary to conduct a pilot program to increase the national warning system's reach. Amends the Implementing Recommendations of the 911 Commission Act of 2007 to authorize the use of grant funds to permit state, local, and tribal governments to improve public alert and warning capabilities. Prohibits tampering or interfering with components of the national warning system that are used or designed to deliver alerts and warnings and that were purchased with public funds.

To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to designate an agency within the Department of Homeland Security to modernize the integrated public alert and warning system of the United States to disseminate homeland security and other information, and for other purposes.


SECTION 1. NATIONAL TESTS.

    (a) OERI Annual Spending Plan.--Notwithstanding any other provision
of law, the Assistant Secretary for Educational Research and
Improvement shall submit to the Committee on Appropriations of the
Senate a spending plan for activities funded through the Office of
Educational Research and Improvement for each fiscal year, prior to the
obligation of any funds for the fiscal year.
    (b) Exclusive Authority.--Notwithstanding any other provision of
law, the National Assessment Governing Board established under section
412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011)
(hereafter in this section referred to as the ``Board'') shall
hereafter have exclusive authority over all policies, direction, and
guidelines for establishing and implementing voluntary national tests
for 4th grade English reading and 8th grade mathematics.
    (c) Availability.--The tests described in subsection (b) shall be
made available to a State, local educational agency, or private or
parochial school, upon the request of the State, agency, or school, and
the use of the tests shall not be a condition for receiving any Federal
funds.
    (d) Contract.--
            (1) In general.--Within 90 days after the date of enactment
        of this Act, the Board shall review the national test
        development contract in effect on the date of enactment of this
        Act, and modify the contract as the Board determines necessary.
        If the contract cannot be modified to the extent determined
        necessary by the Board, the contract shall be terminated and
        the Board shall negotiate a new contract, under the Board's
        exclusive control, for the tests.
            (2) Board duties.--In exercising the Board's
        responsibilities under paragraph (1) regarding the national
        tests, and notwithstanding any action undertaken by the
        Department of Education or a person contracting with or
        providing services for the Department regarding the planning,
        or the development of specifications, for the tests, the Board
        shall--
                    (A) ensure that the content and standards for the
                tests are the same as the content and standards for the
                National Assessment;
                    (B) exercise exclusive authority over any expert
                panel or advisory committee that will be or is
                established with respect to the tests;
                    (C) ensure that the tests are linked to the
                National Assessment to the maximum degree possible ;
                    (D) develop test objectives, test specifications,
                and test methodology;
                    (E) develop policies for test administration,
                including guidelines for inclusion of, and
                accommodations for, students with disabilities and
                students with limited English proficiency;
                    (F) develop policies for reporting test results,
                including the use of standards or performance levels,
                and for test use;
                    (G) have final authority over the appropriateness
                of all test items;
                    (H) ensure that all items selected for use on the
                tests are free from racial, cultural, or gender bias;
                and
                    (I) take such actions and make such policies as the
                Board determines necessary.
    (e) Consent Required.--No State or local educational agency may
require any private or parochial school student, or home-schooled
individual, to take any test developed under this Act without the
written consent of the student or individual.
    (f) NAGB Amendments.--Section 412 of the National Education
Statistics Act of 1994 (20 U.S.C. 9011) is amended--
            (1) in subsection (b)(1)--
                    (A) by amending subparagraph (A) to read as
                follows:
                    ``(A) three Governors, or former Governors, of whom
                not more than 1 shall be a member of the same political
                party as the President;'';
                    (B) by amending subparagraph (B) to read as
                follows:
                    ``(B) two State legislators, of whom not more than
                1 shall be a member of the same political party as the
                President;'';
                    (C) in subparagraph (H), by striking ``one
                representative'' and inserting ``three
                representatives'';
                    (D) by amending subparagraph (I) to read as
                follows:
                    ``(I) two mayors, of whom not more than 1 shall be
                a member of the same political party as the
                President;'';
                    (E) by striking subparagraph (J); and
                    (F) by redesignating subparagraphs (K), (L), and
                (M) as subparagraphs (J), (K), and (L), respectively;
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``and may not
                exceed a period of 3'' and inserting ``and shall be for
                periods of 4''; and
                    (B) in paragraph (2), by inserting ``consecutive''
                after ``two'';
            (3) by amending subsection (d) to read as follows:
    ``(d) Vacancies.--As vacancies on the Board occur, new members of
the Board shall be appointed by the Secretary from among individuals
who are nominated by the Board after consultation with representatives
of the individuals described in subsection (b)(1). For each vacancy,
the Board shall nominate at least 3 individuals who are qualified by
experience or training to fill the particular Board vacancy.''; and
            (4) in subsection (e) by adding at the end the following:
            ``(7) Independence.--In the exercise of its functions,
        powers, and duties, the Board shall be independent of the
        Secretary and the other offices and officers of the Department.
        The Secretary shall, by written delegation of authority,
        authorize the Board to award grants and contracts, and
        otherwise operate, to the maximum extent practicable,
        independent of the Department.''.
    (g) Appointments.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Education, in consultation with
the Speaker and Minority Leader of the House of Representatives, and
the Majority Leader and Minority Leader of the Senate, shall appoint
individuals to fill vacancies on the National Assessment Governing
Board caused by the expiration of the terms of members of the Board, or
the creation of new membership positions on the Board pursuant to
amendments made by this Act.

Summary: Directs the Assistant Secretary for Educational Research and Improvement, before any funds are obligated for a fiscal year, to submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for such year. Gives to the National Assessment Governing Board exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for fourth grade English reading and eighth grade mathematics. Requires such tests to be made available, upon request, to a State, local educational agency, or private or parochial school. Prohibits making the use of such tests a condition for receiving any Federal funds. Directs the Board to review the current national test development contract, and modify it as necessary, or terminate it and negotiate a new contract under the Board's exclusive control. Sets forth Board responsibilities with respect to development of, and content and standards for, such tests. Prohibits a State or local educational agency from requiring any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the student's or individual's written consent. Amends the National Education Statistics Act of 1994 to: (1) revise requirements for appointment of Board members. And (2) provide that the Board, in its exercise of its functions, powers, and duties, shall be independent of the Secretary of Education and the other offices and officers of the Department of Education. Directs the Secretary to appoint individuals to fill vacancies on the Board caused by expiration of member terms or creation of new membership positions under this Act.

A bill to establish requirements regarding national tests in reading and mathematics.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``21st Century Global Health
Technology Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Applied research and development is a critical
        component of United States leadership in global health.
        Research and innovation can help to break the cycle of aid
        dependency by providing sustainable solutions to long-term
        problems. Research and development for global health is crucial
        for meeting new and emerging challenges, creating efficiencies,
        strengthening health systems, shifting tasks and strengthening
        workforces, and increasing access to health services for the
        most vulnerable. Research suggests that advances in health and
        medical technologies have been the major drivers behind massive
        improvements in health worldwide over the past century,
        resulting in an average increase in life expectancies of 21
        years in low- and middle-income countries between 1960 and
        2002.
            (2) Because of its presence in the field, the United States
        Agency for International Development (USAID) is uniquely placed
        to assess local health conditions, then partner with public and
        private stakeholders to ensure the development and timely
        introduction and scale-up of tools that are culturally
        acceptable, address serious and all-too-common health problems,
        and contribute to the strengthening of health systems. In a
        recent report to Congress, USAID calls health research
        ``integral'' to its ``ability to achieve its health and
        development objectives worldwide'' and states that innovation
        through research allows the agency ``to develop and introduce
        affordable health products and practices and contribute to
        policies appropriate for addressing health-related concerns in
        the developing world''. In 2006, USAID outlined a five-year
        health research strategy: ``Report to Congress: Health-Related
        Research and Development Activities at USAID (HRRD), May
        2006'', with a timeline through 2010.
            (3) Congress notes the interrelated initiatives that USAID
        has taken to advance science, technology, and innovation for
        development, including the Grand Development Challenges, the
        Innovation Fund, Development Innovation Ventures, the
        Development Lab, and the Innovation Fellowship.
            (4) Applied research and development at USAID--
                    (A) facilitates public-private collaboration in the
                development of global health technologies;
                    (B) leverages public and private sector support for
                early stage research and development of health
                technologies to encourage private sector investment in
                late-stage technology development and product
                introduction in developing countries;
                    (C) benefits the United States economy by investing
                in the growing United States global health technology
                sector, which--
                            (i) provides skilled jobs for American
                        workers;
                            (ii) creates opportunities for United
                        States businesses in the development and
                        production of new technologies; and
                            (iii) enhances United States
                        competitiveness in the increasingly
                        technological and knowledge-based global
                        economy; and
                    (D) enhances United States national security by--
                            (i) reducing the risk of pandemic disease;
                        and
                            (ii) contributing to economic development
                        and stability in developing countries.
            (5) Investments by the United States in affordable,
        appropriate health technologies, such as medical devices for
        maternal, newborn, and child care; new vaccines; new vaccine
        technologies and delivery tools; safe injection devices;
        diagnostic tests for infectious diseases; new tools for water,
        sanitation, and nutrition; multipurpose prevention
        technologies; information systems and mobile health and
        information systems; and innovative disease prevention
        strategies--
                    (A) reduce the risk of disease transmission;
                    (B) accelerate access to life-saving global health
                interventions for the world's poor;
                    (C) reduce the burden on local health systems; and
                    (D) have been found by the United States Government
                and the World Health Organization to result in
                significant cost savings for development assistance
                funds.
            (6) Product development partnerships (PDPs) are one model
        that is successfully accelerating research to benefit the
        developing world. PDPs are non-profit, nongovernmental entities
        that work to accelerate the development of new tools to fight
        diseases in resource-poor settings. Typically, PDPs manage
        resources and partnerships from across public, private, and
        philanthropic sectors to drive the development of a full
        pipeline of potential new products that could save and improve
        lives in the developing world. USAID has played a significant
        role in advancing the PDP model through its financial support.
        Over the past decade, the achievements of PDPs have become
        increasingly successful at advancing new products through the
        development pipeline towards registration, product
        introduction, and use.
            (7) Through a cooperative agreement, known as the Health
        Technologies program, USAID supports the development of
        technologies that--
                    (A) maximize the limited resources available for
                global health; and
                    (B) ensure that products and medicines developed
                for use in low-resource settings reach the people that
                need such products and medicines.
        Through the Health Technologies program, 85 technologies have
        been invented, designed, developed, or co-developed, with many
        of these technologies moved to global use and billions of units
        used worldwide. Over its 25-year history, more than 95 private-
        sector collaborators have been involved in the Health
        Technologies program, matching USAID dollars two to one.
            (8) USAID's translational research is complementary to the
        work of other agencies:
                    (A) The Quadrennial Development and Diplomacy
                Review (QDDR) proposes to transition leadership of the
                Global Health Initiative (GHI) to USAID with a target
                date of the end of 2012. A core principle of the GHI is
                ``Research and innovation''.
                    (B) The Presidential Policy Directive on Global
                Development identifies innovation as contributing to
                the resolution of ``long-standing development
                challenges''.
                    (C) The QDDR affirms that ``US leadership in
                science and innovation is often linked to our ability
                to contribute to a safer, healthier, and more stable
                world.''.

SEC. 3. PURPOSES.

    The purpose of this Act is to codify the cooperative agreement,
known as the Health Technologies program, in effect as of the date of
the enactment of this Act, under which the United States Agency for
International Development supports the development of technologies for
global health to--
            (1) improve global health;
            (2) reduce maternal, newborn, and child mortality rates;
            (3) reverse the incidence of HIV/AIDS, malaria,
        tuberculosis, and other infectious diseases;
            (4) reduce the burden of chronic diseases; and
            (5) support research and development that is consistent
        with a global development strategy and other related strategies
        developed by USAID.

SEC. 4. CODIFICATION OF HEALTH TECHNOLOGIES PROGRAM.

    Section 107 the Foreign Assistance Act of 1961 (22 U.S.C. 2151e) is
amended by adding at the end the following:
    ``(c) Health Technologies Program.--(1) There is established in the
United States Agency for International Development (USAID) a health
technologies program (referred to in this subsection as the `program').
    ``(2) The program shall develop, advance, and introduce affordable,
available, and appropriate and primarily late-stage technologies
specifically designed to--
            ``(A) improve the health and nutrition of populations in
        developing countries;
            ``(B) reduce maternal, newborn, and child mortality in such
        countries; and
            ``(C) improve the diagnosis, prevention, and reduction of
        disease, especially HIV/AIDS, malaria, tuberculosis, and other
        infectious diseases, in such countries.
    ``(3) The program shall be carried out under a cooperative
agreement between USAID and one or more institutions with a successful
record of--
            ``(A) advancing the technologies described in paragraph
        (2); and
            ``(B) integrating practical field experience into the
        research and development process in order to introduce the most
        appropriate technologies.
    ``(4) The provisions of this subsection codify the cooperative
agreement, known as the Health Technologies program, in effect as of
the date of the enactment of this subsection, under which USAID
supports the development of technologies for global health. The
provisions of this subsection do not establish a new cooperative
agreement or program for such purposes.''.

SEC. 5. REPORT ON RESEARCH AND DEVELOPMENT ACTIVITIES AT USAID.

    (a) In General.--The Administrator of the United States Agency for
International Development (referred to in this subsection as ``USAID'')
shall submit to Congress an annual report on research and development
activities at USAID.
    (b) Matters To Be Included.--The report required by subsection (b)
shall describe--
            (1) updates on its strategy for using research funds to
        stimulate the development and introduction of key products;
            (2) USAID's collaborations and coordination with other
        Federal departments and agencies in support of translational
        and applied global health research and development;
            (3) its investments for the fiscal year in science,
        technology, and innovation;
            (4) how these technologies and research products complement
        the work being done by other Federal departments and agencies,
        if applicable; and
            (5) technologies and research products that have been
        introduced into field trials or use.

Summary: st Century Global Health Technology Act - Amends the Foreign Assistance Act of 1961 to establish in the United States Agency for International Development (USAID) the Health Technology Program which shall: (1) develop and introduce technologies designed to improve health and nutrition in developing countries, reduce maternal, newborn, and child mortality, and improve disease diagnosis and prevention, especially HIVAIDS, malaria, tuberculosis, and other infectious diseases. And (2) be carried out under a cooperative agreement between USAID and one or more institutions with a successful record of advancing such technologies and integrating practical field experience into the research and development process. Codifies the Program.

To amend the Foreign Assistance Act of 1961 to codify the cooperative agreement, known as the Health Technologies program, under which the United States Agency for International Development supports the development of technologies for global health, and for other purposes.


SECTION 1.

    (a) The Alaska National Interest Lands Conservation Act (Public Law
96-487, 94 Stat. 2371) is amended as follows: Section 101 is amended by
the addition of a new subsection (e) as follows:
    ``(e) In order to comply with this Act all Federal public land
managers in Alaska, or a region that includes Alaska, shall participate
in an ANILCA training class as outlined in this legislation to be
completed within 120 days after enactment. All future appointed Federal
public land managers in Alaska, or a region containing Alaska, are
required to complete the aforementioned ANILCA training within 60 days
of appointments.''.
    (b) Section 103(c) is amended by inserting ``validly selected or''
in the second sentence before the word ``conveyed''.
    (c) Section 202(1) is amended by adding the following at the end
thereof: ``Subsistence uses by local residents shall be permitted in
the park where such uses are traditional in accordance with the
provisions of title VIII.''.
    (d) Section 302(1)(B) is amended by adding the following new
subparagraph (v) at the end thereof:
                            ``(v) to provide opportunities for fish and
                        wildlife dependent recreation, including
                        fishing and hunting.''.
    (e) Section 303(1)(B) is amended by adding the following new
subparagraph (vi) at the end thereof:
                            ``(vi) to provide opportunities for fish
                        and wildlife dependent recreation, including
                        fishing and hunting.''.
    (f) In section 1102 add a new subsection (5) at the end thereof:
            ``(5) The term `compatible with the uses for which the unit
        was established' means activities which would not cause
        significant adverse impacts on conservation system units
        purposes.''.
    (g) Section 1105 is amended by designating the existing language as
subsection (a) and inserting a new subsection (b) as follows:
    ``(b) Any alternative route that may be identified by the head of
the Federal agency shall not be less economically feasible and prudent
than the route for the system being sought by the applicant.''.
    (h) Section 1109 is amended by deleting ``access.'' and inserting
in lieu thereof adding ``access, including rights-of-way established
under Revised Statute 2477.''.
    (i) Section 1110(a) is amended by adding ``specifically and
tangibly'' in the second sentence before the word ``detrimental''.
    (j) The second sentence in section 1110(a) is amended by striking
``area'' and inserting in lieu thereof: ``area: Provided, That
reasonable regulations shall not include any requirements for the
demonstration of pre-existing use, and: Provide further, That the
Secretary shall limit any prohibitions to the smallest area
practicable, to the smallest period of time, or both. No prohibition
shall occur prior to formal consultation with the State of Alaska.''.
    (k) The last sentence of section 1110(b) is amended by inserting
``may include easements, rights-of-way, or other interests in land or
permits and'' immediately after ``such rights''.
    (l) In the last sentence of section 1110(b), strike ``lands.'' and
inserting in lieu thereof the following: ``lands: Provided, That the
Secretary shall not impose any unreasonable fees or charges on those
seeking to secure their rights under this subsection. Individuals or
entities possessiong rights under this subsection shall not be subject
to the requirement of sections 1104, 1105, 1106, and 1107 herein.''.
    (m) Section 1301(d) is amended by striking ``permit'' in the final
sentence and inserting in lieu thereof ``shall enable''.
    (n) Section 1303(a)(1)(D) is amended by striking ``located.'' and
inserting in lieu thereof the following: ``located: Provided, That the
applicant may not be required to waive, forfeit, or relinquish its
possessory or personalty interests in a cabin or structure.''.
    (o) Section 1303(a)(2)(D) is amended by striking ``located.'' and
inserting in lieu thereof the following: ``located: Provided, That the
applicant may not be required to waive, forfeit, or relinquish its
possessory or personalty interests in a cabin or structure.''.
    (p) Section 1303(b)(3)(D) is amended by striking ``located.'' and
inserting in lieu thereof the following: ``located: Provided, That the
applicant may not be required to waive, forfeit, or relinquish its
possessory or personalty interests in a cabin or structure.''.
    (q) Section 1303 is amended by adding a new subsection (e) as
follows:
    ``(e) All permits, permit renewals, or renewal or continuation of
valid leases issued pursuant to this section shall provide for repair,
maintenance, and replacement activities and may authorize alterations
to cabins and similar structures that do not constitute a significant
impairment of unit purposes.''.
    (r) Section 1307 is amended by adding a new sentence at the end as
follows: ``Inability to provide the service for up to a five year
period shall not constitute a relinquishment of a right under this
section.''.
    (s) Section 1313 is amended at the end of the first sentence by
striking ``regulation.'' and inserting the following: ``regulation:
Provided, That a purpose of all preserves units is to provide for fish
and wildlife dependent recreation including fishing and hunting.''.
    (t) Section 1314(c) is amended by striking ``law.'' at the end of
the first sentence and inserting the following: ``law: Provided, That
the taking of fish and wildlife for sport purposes shall be permitted
on each unit of the Refuge system in Alaska, and: Provided further,
That the Secretary may designate zones where and periods when no
hunting, fishing, and trapping may be permitted for reasons of public
safety, administration, floral and faunal protection, or public use and
enjoyment. Except in emergencies, any regulations prescribing such
restrictions relating to hunting, fishing, or trapping shall be put
into effect only after consultation with the appropriate State agency
having responsibility over hunting, fishing, and trapping.''.
    (u) Section 1315 is amended by adding a new subparagraph ``(g) as
follows:
    ``(g) Within National Forest Wilderness Areas and National Forest
Monument Areas as designated in this Act, the Secretary of Agriculture
may permit or otherwise regulate helicopter use and landings.''.
    (v) Section 1316(a) is amended in the first sentence be deleting
``equipment'' and inserting in lieu thereof: ``equipment, including
motorized and mechanical equipment,''.
    (w) Section 1316(a) is amended in the second sentence by striking
``consistent with the protection'' and inserting in lieu thereof ``not
inconsistent with the conservation''.
    (x) Section 1316(a) is amended by striking ``permittee.'' in the
last sentence and inserting in lieu thereof the following: ``permittee:
Provided, That structures and facilities may be allowed to stand from
season to season.''.
    (y) Section 1316(b) is amended by inserting ``significantly''
before the word ``detrimental''.
    (z) Section 1317(c) is amended by deleting ``section.'' and
inserting in lieu thereof: ``section: Provided, That the Secretary
shall not establish management directives, guidelines, policies or
prescriptions for the purpose of administering any study area to
preserve wilderness values prior to action by Congress on
recommendations, if any, for wilderness designation of a study area.''.
    (aa) Section 1319 is amended by designating the existing text as
subsection ``(a)'' and adding the following subsection (b):
    ``(b) Nothing in this Act shall be construed as limiting or
restricting the power and authority of the State of Alaska except as
expressly provided herein.''.
    (bb) The first sentence of section 1326(a) is amended be striking
``withdraws'' in the first sentence and inserting in lieu thereof:
``withdraws, redesignates or reclassifies into a more restrictive land
management category''.

Summary: Amends the Alaska National Interest Lands Conservation Act to add a new congressional statement of purpose which requires all Federal public land managers in Alaska to participate in an ANILCA training class. Defines, for purposes of title XI of such Act, compatible with the uses for which the unit was established to mean activities which would not cause significant adverse impacts on conservation system unit purposes. Requires, under such title, that any alternative transportation or utility system route that may be identified by the head of a Federal agency shall not be less economically feasible and prudent than the route for the system being sought by the applicant. Revises provisions concerning, among other things: (1) right of access to State or private owners or occupiers. (2) the use of snowmobiles, airplanes, and nonmotorized surface transportation for traditional activities. (3) possessory or personalty interests in, as well as alterations to, cabins located on conservation system units, (4) the taking of fish and wildlife. And (5) helicopter landings. Prohibits the Secretary of the Interior from establishing policies for the purpose of administering any study area to preserve wilderness values prior to action by the Congress. Prohibits anything in ANILCA from being construed as limiting or restricting the power and authority of the State of Alaska, except as expressly provided.

A bill to amend the Alaska National Interest Lands Conservation Act, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Financial Crimes Resources Act of
2009''.

SEC. 2. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE
              CRIMINAL ACTIVITY INVOLVING COMPUTERS, CRIMES OF FRAUD
              INVOLVING FEDERAL ECONOMIC ASSISTANCE AND RELIEF
              PROGRAMS, AND FINANCIAL CRIMES.

    (a) Additional Funding for Resources.--
            (1) Authorization.--For the purposes described in
        subsection (b), there are authorized to be appropriated for
        each of the fiscal years 2010 through 2012--
                    (A) to the Director of the United States Secret
                Service, $20,000,000;
                    (B) to the Director of the Federal Bureau of
                Investigation, $100,000,000;
                    (C) to the Attorney General, for--
                            (i) the Criminal Division of the Department
                        of Justice, $20,000,000;
                            (ii) the Civil Division of the Department
                        of Justice, $15,000,000;
                            (iii) the Tax Division of the Department of
                        Justice, $5,000,000; and
                            (iv) the offices of the United States
                        Attorneys, $50,000,000;
                    (D) to the Inspector General of the Department of
                Housing and Urban Development, $30,000,000;
                    (E) to the Chief Postal Inspector of the United
                States Postal Inspection Service, $30,000,000; and
                    (F) to the Director of the Administrative Office of
                the United States Courts, $20,000,000.
            (2) Additional funding and availability.--The amounts
        authorized under paragraph (1) are in addition to amounts
        otherwise authorized in other Acts, and shall remain available
        until expended.
    (b) Use of Additional Funding.--Funds made available under
subsection (a)(1) shall be used--
            (1) by the recipients described in subparagraphs (A)
        through (E) of such subsection, to provide for resources to
        investigate and prosecute criminal activity involving
        computers, crimes of fraud involving Federal economic
        assistance and relief programs, and financial crimes, including
        mortgage fraud, securities fraud, and financial institution
        fraud; and
            (2) by the recipient described in subparagraph (F) of such
        subsection, for costs associated with providing defense
        services in cases in which a defendant is charged with criminal
        activity involving computers, crimes of fraud involving Federal
        economic assistance and relief programs, and financial crimes,
        including mortgage fraud, securities fraud, and financial
        institution fraud.

SEC. 3. GRANTS FOR STATE AND LOCAL LAW ENFORCEMENT.

    (a) In General.--Subject to the availability of amounts provided in
advance in appropriations Acts, the Assistant Attorney General for the
Office of Justice Programs of the Department of Justice may award
grants to States to establish and develop programs to increase and
enhance enforcement against criminal activity involving computers and
financial crimes, including mortgage fraud, securities fraud, and
financial institution fraud.
    (b) Application.--To be eligible for a grant under subsection (a),
a State shall submit an application to the Assistant Attorney General
for the Office of Justice Programs of the Department of Justice at such
time, in such manner, and containing such information, including as
described in subsection (d), as the Assistant Attorney General may
require.
    (c) Use of Grant Amounts.--A grant awarded to a State under
subsection (a) shall be used by a State to establish and develop
programs to--
            (1) assist State and local law enforcement agencies in
        enforcing State and local criminal laws relating to criminal
        activity involving computers and financial crimes;
            (2) assist State and local law enforcement agencies in
        educating the public to prevent and identify criminal activity
        involving computers and financial crimes;
            (3) educate and train State and local law enforcement
        officers and prosecutors to conduct investigations, forensic
        analyses of evidence, and prosecutions of criminal activity
        involving computers and financial crimes;
            (4) assist State and local law enforcement officers and
        prosecutors in acquiring computer and other equipment to
        conduct investigations and forensic analysis of evidence of
        criminal activity involving computers and financial crimes;
            (5) assist public defenders with providing defense services
        to defendents in cases in which the defendant is charged with
        criminal activity involving computers or a financial crime,
        including mortgage fraud, securities fraud, and financial
        institution fraud; and
            (6) facilitate and promote communication between Federal,
        State, and local law enforcement to improve the sharing of
        Federal law enforcement expertise and information about the
        investigation, forensic analysis of evidence, and prosecution
        of criminal activity involving computers and financial crimes
        with State and local law enforcement officers and prosecutors,
        including the use of multi-jurisdictional task forces.
    (d) Assurances and Eligibility.--To be eligible to receive a grant
under subsection (a), a State shall provide assurances to the Assistant
Attorney General for the Office of Justice Programs of the Department
of Justice that the State--
            (1) will provide an assessment of the resource needs of the
        State and units of local government within that State,
        including criminal justice resources being devoted to the
        investigation and enforcement of laws related to criminal
        activity involving computers and financial crimes;
            (2) will develop a plan for coordinating the programs
        funded under this section with other federally funded technical
        assistance and training programs; and
            (3) will submit to the Assistant Attorney General for the
        Office of Justice Programs of the Department of Justice
        applicable reports in accordance with subsection (f).
    (e) Matching Funds.--The Federal share of a grant received under
this section may not exceed 90 percent of the total cost of a program
or proposal funded under this section unless the Assistant Attorney
General for the Office of Justice Programs of the Department of Justice
waives, wholly or in part, the requirements of this subsection.
    (f) Reports.--For each year that a State receives a grant under
subsection (a) for a program, the State shall submit to the Assistant
Attorney General for the Office of Justice Programs of the Department
of Justice a report on the results, including the effectiveness, of
such program during such year.
    (g) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to
        carry out this section $250,000,000 for each of the fiscal
        years 2010 through 2012.
            (2) Limitations.--Of the amount made available to carry out
        this section in any fiscal year, not more than 3 percent may be
        used for salaries and administrative expenses for the
        Department of Justice.
            (3) Minimum amount.--Each State submitting an application
        for, and eligible to receive, a grant under this section for a
        fiscal year shall be allocated under this section, in each such
        fiscal year, not less than 0.75 percent of the total amount
        appropriated in such fiscal year for grants pursuant to this
        section, except that not less than 0.25 percent of such total
        amount shall be allocated to the United States Virgin Islands,
        American Samoa, Guam, and the Northern Mariana Islands,
        collectively.
            (4) Grants to indian tribes.--Notwithstanding any other
        provision of this section, the Assistant Attorney General for
        the Office of Justice Programs of the Department of Justice may
        use amounts made available under this section to make grants to
        Indian tribes for use in accordance with this section.

Summary: Financial Crimes Resources Act of 2009 - Authorizes appropriations for FY2010-FY2012 to the US Secret Service, the Federal Bureau of Investigation (FBI), the Department of Justice (DOJ), and other federal agencies for the investigation and prosecution of criminal activity involving computers, crimes of fraud involving federal economic assistance and relief programs, and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud. Authorizes the Assistant Attorney General for the Office of Justice Programs of DOJ to award grants to states to establish and develop programs for enforcement against criminal activity involving computers and financial crimes.

To provide for resources for the investigation and prosecution of financial crimes, and for other purposes.


SECTION 1. FINDINGS.

    Congress finds that--
            (1) the United States exercises sovereignty over Puerto
        Rico pursuant to the Treaty of Paris proclaimed by President
        McKinley on April 11, 1899, Article IX of which provides that
        the ``civil rights and political status of the native
        inhabitants'' of Puerto Rico ``shall be determined by the
        Congress'';
            (2) Congress continues to carry out all Federal
        responsibilities with respect to Puerto Rico, including those
        set forth in article IX of the treaty of cession, pursuant to
        the territorial clause of the United States Constitution
        (article IV, section 3, clause 2), which provides that
        ``Congress shall have Power to dispose of and make all needful
        Rules and Regulations respecting the Territory or other
        Property belonging to the United States'';
            (3) in the Act of March 2, 1917 (39 stat. 951, chapter
        145), Congress provided for civil administration of Puerto Rico
        and declared that, by virtue of that Act, the inhabitants of
        Puerto Rico shall be citizens of the United States, with such
        civil rights and political status as Congress determined to be
        consistent with residence in an unincorporated territory rather
        than a State of the Union;
            (4) in accordance with the Act of July 3, 1950 (64 Stat.
        319, chapter 446), the people of Puerto Rico adopted a
        constitution in 1952 that, after amendment and approval by
        Congress, established the current Commonwealth structure for
        self-government in respect of internal affairs and local
        government administration, subject to the United States
        Constitution and Federal law applicable to Puerto Rico; and
            (5) the United States, consistent with its constitutional
        process, is committed to respecting the principle of self-
        determination as part of any procedure to resolve the political
        status of Puerto Rico.

SEC. 2. REFERENDA.

    (a) Policy of the United States.--(1) In general.--It is the policy
of the United States that the residents of Puerto Rico periodically
should be afforded an opportunity freely to express their wishes
regarding their political status.--
    (2) Options.--The self-determination process for Puerto Rico should
be one that enables the people of Puerto Rico to preserve their current
political status if that is their preference, or to choose to seek, in
accordance with a process approved by Congress and the residents of
Puerto Rico--
                    (A) admission as a State of the Union on the basis
                of full equality; or
                    (B) withdrawal of United States sovereignty in
                favor of independence or free association.
    (b) Requirements.--A referendum under this Act--
            (1) shall be conducted among persons in Puerto Rico who
        meet the residency, United States citizenship, and other
        requirements of applicable law governing voter eligibility in
        Puerto Rico;
            (2) shall otherwise be in accordance with applicable
        provisions of the elections law of Puerto Rico and other
        relevant local and Federal law consistent with this Act; and
            (3) shall be decided by a majority of the votes cast.
    (c) Referendum by the End of 1998.--
            (1) In general.--A referendum under this Act shall be
        conducted not later than December 31, 1998.
            (2) Format.--
                    (A) Part one of the ballot.--In the referendum
                under paragraph (1), the option of continuing the
                current Commonwealth arrangements and Puerto Rico's
                current political status, or, alternatively, entering
                on a process leading to permanent full self-government
                through separate sovereignty or statehood, shall be
                presented in Part One of the ballot as Options A and B,
                as follows:

                               ``part one

            ``Option A.--COMMONWEALTH: The residents of Puerto Rico
        desire to continue the current Commonwealth structure for self-
        government with respect to internal affairs and administration
        under a local constitution, subject to the provisions of the
        Constitution and laws of the United States that apply to Puerto
        Rico. Puerto Rico will remain an unincorporated territory of
        the United States, and application of Federal law and
        provisions of the Constitution to Puerto Rico remains within
        the discretion of Congress. The future status of Puerto Rico
        will be determined through a process authorized by Congress
        that includes self-determination by the residents of Puerto
        Rico in periodic referenda.
            ``Option B.--PATH TO SEPARATE SOVEREIGNTY OR STATEHOOD: The
        residents of Puerto Rico desire to enter on a process for
        Congress and the residents of Puerto Rico to define and approve
        in a later vote a transition to permanent full self-government
        through either separate sovereignty or statehood as set forth
        in Part Two of this ballot.''.
                    (B) Part two of the ballot.--Part Two of the ballot
                shall present voters with a choice between 2 options
                for ending the current territorial status in favor of
                separate sovereignty, in the form of independence, or
                free association as may be agreed, according to
                international law and definitions compatible with the
                constitutional process and practices of the United
                States, or, alternatively, full integration into the
                United States constitutional system on the basis of
                equality. The definitions of separate sovereignty and
                full integration leading to statehood shall appear in
                Part Two of the ballot as Options A and B, as follows:
            ``Option A.--SEPARATE SOVEREIGNTY: The residents of Puerto
        Rico desire to be a separate sovereign nation that exercises
        all the powers of government with respect to its territory and
        population, with full authority and responsibility for its
        internal and external affairs, through independence (or free
        association as may be agreed). Puerto Rico will become fully
        self-governing under its own constitution establishing a
        republican form of government, which shall be the supreme law.
        The United States Constitution and laws shall no longer apply,
        and the sovereignty, nationality, and citizenship of the United
        States in Puerto Rico shall terminate based on approval of
        separate sovereignty by Congress and the residents of Puerto
        Rico. Birth in Puerto Rico or relationship to a person who
        acquired United States citizenship by statute due to birth in
        Puerto Rico during the territorial period no longer will confer
        United States citizenship, but such persons shall have a right
        to retain statutory United States citizenship for life based on
        continued allegiance to the United States and election or
        designation as prescribed by Congress consistent with the
        transition to separate sovereignty and succession of
        nationality.
            ``Option B.--STATEHOOD: The residents of Puerto Rico desire
        admission of Puerto Rico as a State of the Union. Through
        statehood residents of Puerto Rico will have a status and
        rights secured under the United States Constitution, which will
        be the supreme law of the land with the same force and effect
        as in the other States of the Union. The sovereign State of
        Puerto Rico will be in permanent union with the United States,
        and powers not delegated to the Federal Government or
        prohibited to the States by the United States Constitution
        shall be reserved to the people of Puerto Rico or the State
        Government. The United States nationality and citizenship of
        persons born in Puerto Rico will be guaranteed in the same way
        it is for all United States citizens born in other States of
        the Union. United States citizens in Puerto Rico will have full
        and equal rights and duties of United States citizenship,
        including voting rights in elections for President and Vice
        President, as well as representation by 2 members in the United
        States Senate and proportionally on the basis of population in
        the House of Representatives.''.
            (3) Instructions to voters.--
                    (A) Part one.--The instructions to voters for Part
                One of the ballot in a referendum under this subsection
                shall state that a voter may select Option A or Option
                B by marking either option, but that ballots with both
                options marked in Part One will not be counted.
                    (B) Part two.--The instructions to voters for Part
                Two of the ballot in such a referendum shall state that
                a voter may vote on Part Two regardless of how the
                voter voted on Part One, or even if they did not vote
                on Part One. The instructions to voters on Part Two
                shall also state that Part Two is to determine the
                preference of voters as between the options for seeking
                separate sovereignty or statehood in case a majority of
the voters voting on Part One approve that course as set forth in
Option B on Part One of the ballot. The voters shall be instructed to
approve Option A or Option B in Part Two by marking either, but that
ballots with both options marked in Part Two will not be counted.
            (4) Validity of either part.--On any ballot cast in a
        referendum under this subsection either Part One or Part Two
        shall be counted if properly cast, even if the other part of
        the ballot is not counted due to the manner in which the other
        part has been cast.

SEC. 3. IMPLEMENTATION.

    (a) Selection of Current Status or Rejection of Transition.--If a
majority of the voters approve continuation of the current
unincorporated status and the present `Commonwealth' structure for
local self-government, or on rejection of a transition plan, unless
otherwise provided by Congress, referenda on the future political
status of Puerto Rico shall be held in accordance with this Act every 4
years thereafter, but not within 270 calendar days of a general
election, in order to ensure that the right of the people of Puerto
Rico to self-determination is respected, and that the people
periodically are afforded the opportunity freely to express their
wishes with respect to resolution of Puerto Rico's status based on
permanent full self-government.
    (b) Selection of Statehood.--If statehood is selected, the
President, not later than 180 days after the referendum, shall transmit
to the Congress legislation providing for the admission of Puerto Rico
as a State of the Union in accordance with a transition plan that
includes procedures for approval of the terms of admission and
implementation thereof by a majority vote of the residents of Puerto
Rico.
    (c) Selection of Separate Sovereignty.--If separate sovereignty is
selected, the President, not later than 180 days after the referendum,
shall transmit to the Congress legislation to providing a plan for the
transition to an international sovereign-to-sovereign relationship
governed by a treaty or international agreement (including measures to
cease conferral of United States citizenship on persons born in Puerto
Rico), and such legislation shall include procedures for approval of
the transition to separate sovereignty by a majority vote of the
residents of Puerto Rico.

Summary: Requires a referendum to be held by December 31, 1998, on Puerto Rico's path to self-determination either through preserving its current political status, US statehood, or separate sovereignty . Sets forth specified requirements with respect to the referendum and congressional procedures for consideration of legislation.

A bill to provide for referenda to resolve the political status of Puerto Rico, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Surface Transportation
Policy and Planning Act of 2009''.

SEC. 2. ESTABLISHMENT OF A NATIONAL SURFACE TRANSPORTATION POLICY AND
              PLAN.

    (a) In General.--Chapter 3 of title 49, United States Code, is
amended--
            (1) by redesignating sections 304 through 309 as sections
        307 through 312;
            (2) by redesignating sections 303 and 303a as sections 305
        and 306, respectively; and
            (3) by inserting after section 302, the following:
``Sec. 303. National surface transportation policy
    ``(a) Policy.--It is the policy of the United States to develop a
comprehensive national surface transportation system that advances the
national interest and defense, interstate and foreign commerce, the
efficient and safe interstate mobility of people and goods, and the
protection of the environment. The system shall be built, maintained,
managed, and operated as a partnership between the Federal, State, and
local governments and the private sector and shall be coordinated with
the overall transportation system of the United States, including the
Nation's air, rail, pipeline, and water transportation systems. The
Secretary of Transportation shall be responsible for carrying out this
policy and for defining the Federal Government's role in the system.
    ``(b) Objectives.--The objectives of the policy shall be to
facilitate and advance--
            ``(1) the efficient connectivity of persons and goods
        within and between nations, regions, States, and metropolitan
        areas;
            ``(2) the safety and health of the public;
            ``(3) the security of the Nation and the public;
            ``(4) environmental protection and enhancement, including
        the reduction of carbon-related emissions;
            ``(5) energy conservation and security, including reducing
        transportation-related energy use;
            ``(6) international and interstate freight movement, trade
        enhancement, job creation, and economic development;
            ``(7) responsible land use and sustainable development;
            ``(8) the preservation and adequate performance of system-
        critical transportation assets, as defined by the Secretary;
            ``(9) reasonable access to the national surface
        transportation system for all system users, including rural
        communities;
            ``(10) sustainable, balanced, and adequate financing of the
        national surface transportation system; and
            ``(11) innovation in transportation services,
        infrastructure, and technology.
    ``(c) Goals.--
            ``(1) In general.--The goals of the policy shall be--
                    ``(A) to reduce national per capita motor vehicle
                miles traveled on an annual basis;
                    ``(B) to reduce national motor vehicle-related
                fatalities by 50 percent by 2030;
                    ``(C) to reduce national surface transportation-
                generated carbon dioxide levels by 40 percent by 2030;
                    ``(D) to reduce national surface transportation
                delays per capita on an annual basis;
                    ``(E) to increase the percentage of system-critical
                surface transportation assets, as defined by the
                Secretary, that are in a state of good repair by 20
                percent by 2030;
                    ``(F) to increase the total usage of public
                transportation, intercity passenger rail services, and
                non-motorized transportation on an annual basis;
                    ``(G) to increase the proportion of national
                freight transportation provided by non-highway or
                multimodal services by 10 percent by 2020;
                    ``(H) to reduce passenger and freight
                transportation delays and congestion at international
                points of entry on an annual basis;
                    ``(I) to ensure adequate transportation of domestic
                energy supplies; and
                    ``(J) to maintain or the reduce the percentage of
                gross domestic product consumed by transportation
                costs.
            ``(2) Baselines.--Within 1 year after the date of enactment
        of the National Surface Transportation Policy and Planning Act
        of 2009, the Secretary shall develop baselines for the goals
        and shall determine appropriate methods of data collection to
        measure the attainment of the goals.
    ``(d) Requirements.--The Secretary, consistent with the plan
developed under section 304 and notwithstanding any other provision of
law in effect as of the date of enactment of the National Surface
Transportation Policy and Planning Act of 2009, shall--
            ``(1) develop appropriate performance criteria and data
        collections systems for each Federal surface transportation
        program in order to evaluate:
                    ``(A) whether such programs are consistent with the
                policy, objectives, and goals established by this
                section; and
                    ``(B) how effective such programs are in
                contributing to the achievement of the policy,
                objectives, and goals established by this section;
            ``(2) using the criteria developed under paragraph (1),
        annually evaluate each such program and provide the results to
        the public;
            ``(3) based on the evaluation performed under paragraph
        (2), make any necessary changes or improvements to such
        programs to ensure such consistency and effectiveness;
            ``(4) align the availability and award of Federal surface
        transportation funding to meet the policy, objectives, goals,
        and performance criteria established by this section,
        consistent with the evaluation performed under paragraph (2);
            ``(5) carry out this section in a manner that is consistent
        with sections 302, 5503, 10101, and 13101 of this title and
        section 101 of title 23 to the extent that such sections do not
        conflict with the policy, objectives, and goals established by
        this section;
            ``(6) review, update, and reissue all relevant surface
        transportation planning requirements to ensure that such
        requirements require that regional, State, and local surface
        transportation planning efforts funded with Federal funds are
        consistent with the policy, objectives, and goals established
        by this section; and
            ``(7) require recipients of Federal surface transportation
        funds to annually report on the use of such funds, including a
        description of--
                    ``(A) which projects and priorities were funded
                with such funds;
                    ``(B) the rationale and method employed for
                apportioning such funds to the projects and priorities;
                and
                    ``(C) how the obligation of such funds is
                consistent with or advances the policy, objectives, and
                goals established by this section.
    ``(e) Authority.--
            ``(1) In general.--Notwithstanding any other provision of
        law in effect as of the date of enactment of the National
        Surface Transportation Policy and Planning Act of 2009, the
        Secretary may, through a process of public notice and comment
        and with reasonable prior notice to the Senate Committee on
        Commerce, Science, and Transportation and the House of
        Representatives Committee on Transportation and Infrastructure
        preceding any significant change, consistent with the public
        interest, amend the goals under subsection (c) or develop
        additional goals to effectively meet the policy and objectives
        set forth in this section.
            ``(2) The Secretary may also make recommendations to those
        Committees for reorganizing the Department of Transportation,
        as necessary and consistent with the requirements of section
        304(b)(6), in order to achieve the policy, objectives, and
        goals established by this section.
``Sec. 304. National surface transportation performance plan
    ``(a) Development.--Within 2 years after the date of enactment of
the National Surface Transportation Policy and Planning Act of 2009,
the Secretary of Transportation shall develop and implement a National
Surface Transportation Performance Plan to achieve the policy,
objectives, and goals set forth in section 303.
    ``(b) Contents.--The plan shall include--
            ``(1) an assessment of the current performance of the
        national surface transportation system and an analysis of the
        system's ability to achieve the policy, objectives, and goals
        set forth in section 303;
            ``(2) an analysis of emerging and long-term projected
        trends that will impact the performance, needs, and uses of the
        national surface transportation system;
            ``(3) a description of the major impediments to effectively
        meeting the policy, objectives, and goals set forth in section
        303 and recommended actions to address such impediments;
            ``(4) a comprehensive strategy and investment plan to meet
        the policy, objectives, and goals set forth in section 303;
            ``(5) initiatives to improve transportation modeling,
        research, data collection, and analysis; and
            ``(6) a plan for any reorganization of the Department of
        Transportation or its agencies necessary to meet the policy,
        objectives, and goals set forth in section 303.
    ``(c) Consultation.--In developing the plan required by subsection
(a), the Secretary shall--
            ``(1) consult with local, State, and tribal governments,
        public and private transportation providers and carriers, non-
        profit organizations representing transportation employees,
        appropriate foreign governments, and other interested parties;
        and
            ``(2) provide public notice and hearings and solicit public
        comments on the plan.
    ``(d) Submittal.--The Secretary shall submit the completed plan to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure.
    ``(e) Progress Reports.--The Secretary shall submit biennial
progress reports on the implementation of the plan beginning 2 years
after the date of submittal of the plan under subsection (d) to the
Committees. The progress report shall--
            ``(1) describe progress made toward fully implementing the
        plan and achieving the policies, objectives, and goals
        established under section 303;
            ``(2) describe challenges and obstacles to full
        implementation;
            ``(3) describe updates to the plan necessary to reflect
        changed circumstances or new developments; and
            ``(4) make policy and legislative recommendations the
        Secretary believes are necessary and appropriate to fully
        implement the plan.
    ``(f) Data.--The Secretary shall have the authority to conduct
studies, gather information, and require the production of data
necessary to develop or update this plan, consistent with Federal
privacy standards.
    ``(g) Funding.--The Secretary may use such sums as may be necessary
from any funds provided to the Department of Transportation for surface
transportation programs for the purpose of completing and updating the
plan and developing and issuing the progress reports pursuant to this
section.''.
    (b) Conforming Amendments.--
            (1) Section 302(a) of title 49, United States Code, is
        amended by striking ``10101 and 13101'' and inserting ``303,
        10101, and 13101''.
            (2) Section 308, as redesignated, of title 49, United
        States Code, is amended by striking ``sections 301-304'' and
        inserting ``sections 301 through 307''.
            (3) The table of contents for chapter 3 of title 49, United
        States Code, is amended--
                    (A) by redesignating the items relating to sections
                303 through 309 as relating to sections 305 through
                312; and
                    (B) by inserting after the item relating to section
                302 the following:

``303. National surface transportation policy.
``304. National surface transportation performance plan.''.

Summary: Federal Surface Transportation Policy and Planning Act of 2009 - Declares it is US policy to develop a national surface transportation system that advances the national interest and defense, interstate and foreign commerce, the efficient and safe interstate mobility of people and goods, and the protection of the environment. Sets forth certain US policy objectives and goals, including to: (1) reduce national per capita motor vehicle miles traveled annually. (2) reduce national surface transportation-generated carbon dioxide levels by 40 by 2030. (3) reduce national surface transportation delays and congestion at US points of entry. (4) increase the total usage of public transportation, intercity passenger rail services, and non-motorized transportation. And (5) ensure adequate transportation of domestic energy supplies. Directs the Secretary of Transportation to: (1) develop performance criteria and data collections systems to evaluate the effectiveness of federal surface transportation programs. (2) implement such programs to meet the policy, objectives, goals, and performance criteria established by this Act. And (3) develop and implement a National Surface Transportation Performance Plan. Authorizes the Secretary to amend the goals established under this Act.

A bill to amend title 49, United States Code, to establish national purposes and goals for Federal surface transportation activities and programs and create a national surface transportation plan.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Working Families' Access to Health
Innovations Act of 2013''.

SEC. 2. AMENDMENT OF SMALL BUSINESS ACT.

    The Small Business Act is amended by redesignating section 45 as
section 46 and by inserting after section 44 the following:

``SEC. 45. LOAN GUARANTEES FOR HEALTH INFORMATION TECHNOLOGY.

    ``(a) Definitions.--As used in this section:
            ``(1) The term `health information technology' means
        computer hardware, software, and related technology (including
        electronic medical record technology) that--
                    ``(A) supports the compliance with the meaningful
                EHR use requirements set forth in section 1848(o)(2)(A)
                of the Social Security Act (42 U.S.C. 1395w-
                4(o)(2)(A));
                    ``(B) is purchased by an eligible professional to
                aid in the provision of health care in a health care
                setting; and
                    ``(C) provides for--
                            ``(i) enhancement of continuity of care for
                        patients through electronic storage,
                        transmission, and exchange of relevant personal
                        health data and information, such that this
                        information is accessible at the times and
                        places where clinical decisions will be or are
                        likely to be made;
                            ``(ii) enhancement of communication between
                        patients and health care providers;
                            ``(iii) improvement of quality measurement
                        by eligible professionals enabling them to
                        collect, store, measure, and report on the
                        processes and outcomes of individual and
                        population performance and quality of care;
                            ``(iv) improvement of evidence-based
                        decision support; or
                            ``(v) enhancement of consumer and patient
                        empowerment.
        Such term does not include information technology the sole use
        of which is financial management, maintenance of inventory of
        basic supplies, or appointment scheduling.
            ``(2) The term `eligible professional' means any of the
        following:
                    ``(A) A physician (as defined in section 1861(r) of
                the Social Security Act (42 U.S.C. 1395x(r))).
                    ``(B) A practitioner described in section
                1842(b)(18)(C) of such Act (42 U.S.C. 1395u(b)(18)(C)).
                    ``(C) A physical or occupational therapist or a
                qualified speech-language pathologist.
                    ``(D) A qualified audiologist (as defined in
                section 1861(ll)(4)(B) of such Act (42 U.S.C.
                1395x(ll)(4)(B))).
                    ``(E) A State-licensed pharmacist.
                    ``(F) A State-licensed supplier of durable medical
                equipment, prosthetics, orthotics, or supplies.
                    ``(G) A State-licensed, a State-certified, or a
                nationally accredited home health care provider.
            ``(3) The term `qualified eligible professional' means an
        eligible professional whose practice--
                    ``(A) is a small business concern; and
                    ``(B)(i) is in a medically underserved community
                (as defined in section 799B(6) of the Public Health
                Service Act (42 U.S.C. 295p(6)));
                    ``(ii) serves individuals at least 50 percent of
                whom are entitled to benefits or enrolled under title
                XVIII of the Social Security Act; or
                    ``(iii) serves an area that consists predominantly
                of low-income families (as defined in section 3 of the
                United States Housing Act of 1937 (42 U.S.C. 1437a)).
    ``(b) Loan Guarantees for Qualified Eligible Professionals.--
            ``(1) Guarantee percentage.--Subject to paragraph (2), the
        Administrator may guarantee up to 90 percent of the amount of
        the loan made to a qualified eligible professional for the
        acquisition of health information technology for use in such
        eligible professional's medical practice and for the costs
        associated with the installation of such technology.
            ``(2) Limitations on guarantee amounts.--The maximum amount
        of loan principal guaranteed under this subsection may not
        exceed--
                    ``(A) $350,000 with respect to any single qualified
                eligible professional; and
                    ``(B) $2,000,000 with respect to a single group of
                affiliated qualified eligible professionals.
    ``(c) Fees.--(1) The Administrator may impose a guarantee fee on
the borrower in an amount not to exceed 2 percent of the total
guaranteed portion of any loan guaranteed under this section. The
Administrator may also impose annual servicing fees on lenders not to
exceed 0.5 percent of the outstanding balance of the guarantees on
lenders' books.
    ``(2) No service fees, processing fees, origination fees,
application fees, points, brokerage fees, bonus points, or other fees
may be charged to a loan applicant or recipient by a lender in the case
of a loan guaranteed under this section.
    ``(d) Interest Rates.--The interest rate charged on a loan
guaranteed under this section shall not be greater than 25 basis points
below the rate provided for a loan under the program under section
7(a).
    ``(e) Deferral Period.--Loans guaranteed under this section shall
carry a deferral period of not more than 3 years.
    ``(f) Terms and Conditions for Loan Guarantees.--The loans
guaranteed under this section shall be subject to the terms and
conditions that apply to the program under section 7(a) or other such
terms and conditions as are prescribed by the Administrator.''.

SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER DUTIES.

    Section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)) is
amended--
            (1) by striking ``and'' at the end of subparagraph (S);
            (2) by striking the period at the end of subparagraph (T)
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(U) facilitating the training of medical professionals in
        health information technology systems; and
            ``(V) establishing and providing a network of small health
        information technology companies available to medical
        professionals in low-income and underserved areas, as defined
        by the Secretary of Health and Human Services, for the purpose
        of aiding medical professionals in such areas to purchase,
        utilize, and maintain such technology.''.

Summary: Working Families' Access to Health Innovations Act of 2013 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration (SBA) to guarantee up to 90 of a loan made to a health care professional for the acquisition of health information technology for use in such professional's medical practice and for the costs associated with its installation. Provides loan guarantee limits, and authorizes the Administrator to impose a loan guarantee fee. Requires services provided by a small business development center to include: (1) facilitating the training of medical professionals in health information technology systems. And (2) establishing and providing a network of small health information technology companies available to such professionals in low-income and underserved areas for assistance in purchasing, utilizing, and maintaining such technology.