Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Federal Employment for
Veterans Act of 2017'' or the ``Empowering FED Vets Act''.

SEC. 2. ESTABLISHMENT OF VETERANS EMPLOYMENT PROGRAMS IN FEDERAL
              AGENCIES.

    (a) Definitions.--In this section--
            (1) the term ``covered agency'' means--
                    (A) the Department of State;
                    (B) the Department of the Treasury;
                    (C) the Department of Defense;
                    (D) the Department of Justice;
                    (E) the Department of the Interior;
                    (F) the Department of Agriculture;
                    (G) the Department of Commerce;
                    (H) the Department of Labor;
                    (I) the Department of Health and Human Services;
                    (J) the Department of Housing and Urban
                Development;
                    (K) the Department of Transportation;
                    (L) the Department of Energy;
                    (M) the Department of Education;
                    (N) the Department of Veterans Affairs;
                    (O) the Department of Homeland Security;
                    (P) the Environmental Protection Agency;
                    (Q) the National Aeronautics and Space
                Administration;
                    (R) the Agency for International Development;
                    (S) the General Services Administration;
                    (T) the National Science Foundation;
                    (U) the Nuclear Regulatory Commission;
                    (V) the Office of Personnel Management;
                    (W) the Small Business Administration;
                    (X) the Social Security Administration; and
                    (Y) any other Executive agency (as defined in
                section 105 of title 5, United States Code) that the
                President may designate;
            (2) the term ``transitioning member of the Armed Forces''
        means a member of the Armed Forces who is expected to be
        discharged or released from active duty in the Armed Forces
        within 180 days; and
            (3) the term ``veterans employment official'' means--
                    (A) the head of a Veterans Employment Program
                Office established under subsection (b)(1)(A); and
                    (B) an employee designated to carry out a Veterans
                Employment Program for a covered agency under
                subsection (b)(1)(B).
    (b) Veterans Employment Programs.--The head of a covered agency
shall--
            (1)(A) establish or maintain a Veterans Employment Program
        Office within the covered agency; or
            (B) designate an employee of the covered agency who shall
        have full-time responsibility for carrying out a Veterans
        Employment Program for the covered agency; and
            (2) ensure the public availability of contact information
        for veterans employment officials to ensure engagement with
        prospective applicants.
    (c) Responsibilities.--A veterans employment official of a covered
agency shall--
            (1) enhance employment opportunities for veterans within
        the agency, consistent with law and merit system principles,
        including by developing and implementing--
                    (A) the agency's plan for promoting employment
                opportunities for veterans;
                    (B) veterans recruitment programs; and
                    (C) training programs for veterans with
                disabilities;
            (2) coordinate and provide employment counseling and
        training programs to prospective applicants to help match the
        skills and career aspirations of veterans to the needs of the
        agency, targeting high-demand Federal occupations that are
        projected to have heavy recruitment needs;
            (3) participate in skills-based, cross-governmental, and
        individual agency career development programs to leverage those
        programs in matching veterans' career aspirations with high-
        growth occupations; and
            (4) provide mandatory annual training to human resources
        employees and hiring managers of the agency concerning
        veterans' employment, including training on veterans'
        preferences and special authorities for the hiring of veterans.
    (d) Coordination by Office of Personnel Management.--
            (1) In general.--The Director of the Office of Personnel
        Management shall facilitate coordination among veterans
        employment officials, including appropriate sharing of
        resources and information to help match the skills and career
        aspirations of veterans to the needs of the agencies.
            (2) Responsibilities.--The Director of the Office of
        Personnel Management shall--
                    (A) establish a Veterans Program Office to provide
                Government-wide leadership in recruitment and
                employment of veterans in the executive branch of the
                Federal Government;
                    (B) regularly convene veterans employment officials
                for working-level meetings to share information on best
                practices, prospective applicants, and strategies for
                matching veterans with appropriate employment;
                    (C) develop mandatory annual training for human
                resources employees and hiring managers of covered
                agencies concerning veterans' employment, including
                training on veterans' preferences and special
                authorities for the hiring of veterans;
                    (D) develop a skills-based, cross-governmental
                career development program for covered agencies to
                leverage in matching veterans' career aspirations with
                high-growth occupations;
                    (E) promote the Federal Government as an employer
                of choice to transitioning members of the Armed Forces
                and veterans;
                    (F) market the talent, experience, and dedication
                of transitioning members of the Armed Forces and
                veterans to Federal agencies; and
                    (G) disseminate Federal employment information to
                veterans and hiring officials.
            (3) Accountability.--Not later than 1 year after the date
        of enactment of this Act, the Director of the Office of
        Personnel Management shall submit to Congress a report on--
                    (A) progress made toward the sharing of resources
                among veterans employment officials;
                    (B) progress made toward the sharing of information
                among veterans employment officials, including steps to
                promote face-to-face interaction and the use of Federal
                information gateways;
                    (C) the development and implementation of training
                programs for human resources employees and hiring
                managers of Federal agencies;
                    (D) career development programs for veterans
                seeking employment; and
                    (E) efforts to promote the Federal Government as an
                employer of choice to transitioning members of the
                Armed Forces and veterans.

SEC. 3. INTERAGENCY COUNCIL ON VETERANS EMPLOYMENT.

    (a) Establishment.--
            (1) In general.--There is established an interagency
        council on matters relating to the employment of veterans.
            (2) Designation.--The council established under paragraph
        (1) shall be known as the ``Interagency Council on Veterans
        Employment'' (in this section the ``Council'').
    (b) Membership.--
            (1) Composition.--The Council shall consist of the heads
        of--
                    (A) each covered agency (as defined in section
                2(a)); and
                    (B) any other Executive agency (as defined in
                section 105 of title 5, United States Code) that the
                President may designate.
            (2) Co-chairs.--The Secretary of Labor and the Secretary of
        Veterans Affairs shall serve as Co-Chairs of the Council.
            (3) Vice-chair.--The Director of the Office of Personnel
        Management shall serve as the Vice Chair of the Council.
    (c) Duties.--The duties of the Council shall include each of the
following:
            (1) To advise and assist the President and the Director of
        the Office of Personnel Management on matters relating to
        maintaining a coordinated Government-wide effort to increase
        the number of veterans employed by the Federal Government in
        positions that match the skills and career aspirations of
        veterans, by enhancing recruiting, hiring, retention, training
        and skills development, and job satisfaction.
            (2) To serve as a national forum for promoting employment
        opportunities for veterans in the executive branch of the
        Federal Government.
            (3) To establish performance measures to assess the
        effectiveness of efforts to promote recruiting, hiring,
        retention, training and skills development, and job
        satisfaction of veterans by the Federal Government.
            (4) Not later than 1 year after the date of enactment of
        this Act and not less frequently than once each year
        thereafter, to submit to the President and Congress a report on
        the effectiveness of those efforts.
    (d) Administration.--
            (1) Duties of co-chairs.--The Co-Chairs shall convene
        regular meetings of the Council, determine its agenda, and
        direct its work.
            (2) Steering committee.--At the direction of the Co-Chairs,
        the Council may establish--
                    (A) a Steering Committee to provide leadership,
                accountability, and strategic direction to the Council;
                and
                    (B) subgroups to promote coordination among
                veterans employment officials (as defined in section
                2(a)).
            (3) Executive director.--The Vice Chair shall designate an
        Executive Director for the Council to support the Vice Chair in
        managing the Council's activities.
            (4) OPM.--The Office of Personnel Management shall provide
        administrative support for the Council to the extent permitted
        by law and within existing appropriations (as of the date of
        the provision).

SEC. 4. EXPANSION OF SKILLBRIDGE INITIATIVE TO INCLUDE PARTICIPATION BY
              FEDERAL AGENCIES.

    (a) Modification of Initiative by Secretary of Defense.--The
Secretary of Defense, in consultation with the Director of the Office
of Personnel Management, shall make such modifications to the
SkillBridge initiative of the Department of Defense as the Secretary
considers appropriate to enable Federal agencies to participate in the
initiative as employers and trainers, including the provision of
training by Federal agencies under the initiative to transitioning
members of the Armed Forces.
    (b) Participation by Federal Agencies.--The Director, in
consultation with the Secretary, shall take such actions as may be
necessary to ensure that each Federal agency participates in the
SkillBridge initiative of the Department of Defense as described in
subsection (a).
    (c) Transitioning Members of the Armed Forces Defined.--In this
section, the term ``transitioning member of the Armed Forces'' means a
member of the Armed Forces who is expected to be discharged or released
from active duty in the Armed Forces not more than 180 days after the
member commences training under the SkillBridge initiative.

Output: Empowering Federal Employment for Veterans Act of 2017 or the Empowering FED Vets Act This bill requires executive agencies to establish or maintain a Veterans Employment Program Office and designate a veterans employment official to: (1) enhance employment opportunities for veterans within the agency, (2) provide employment counseling and training programs to applicants to help match the skills and career aspirations of veterans to agency needs, (3) participate in agency career development programs to leverage those programs in matching veterans' career aspirations with high-growth occupations, and (4) provide mandatory annual training to human resources employees and hiring managers concerning veterans' employment. The Office of Personnel Management (OPM) shall:  facilitate coordination among such officials;  establish a Veterans Program Office to provide government-wide leadership in recruitment and employment of veterans in the executive branch;  regularly convene such officials for working-level meetings to share information on best practices, prospective applicants, and strategies for matching veterans with appropriate employment;  develop mandatory annual training on veterans' employment for agency human resources employees and hiring managers;  develop a skills-based, cross-governmental career development program for agencies;  promote the government as an employer of choice to transitioning members of the Armed Forces and veterans;  market the talent, experience, and dedication of such members and veterans to agencies; and  disseminate federal employment information to veterans and hiring officials.  The bill establishes the Interagency Council on Veterans Employment, which shall:  advise and assist the President and the OPM on matters relating to maintaining a coordinated government-wide effort to increase the number of veterans employed by the government in positions that match their skills and career aspirations by enhancing recruiting, hiring, retention, training and skills development, and job satisfaction;  serve as a national forum for promoting employment opportunities for veterans in the executive branch; and  establish performance measures to assess effectiveness.  The Department of Defense (DOD) shall make appropriate modifications to its SkillBridge initiative to enable federal agencies to participate as employers and trainers.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rightsizing Pension Premiums Act of
2017''.

SEC. 2. RIGHTSIZING PENSION PREMIUMS.

    (a) In General.--Section 4006(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1306(a)) is amended by adding at the
end the following:
            ``(9) Premium adjustments for small employers and based on
        pbgc funded percentage.--
                    ``(A) In general.--Notwithstanding paragraph
                (3)(A)(i) and subject to subparagraphs (B) and (C), the
                annual premium rate payable to the corporation by a
                single-employer plan for basic benefits guaranteed
                under this title is--
                            ``(i) in the case of a single-employer plan
                        for any plan year beginning in a fiscal year
                        with respect to which the average of the
                        single-employer pension insurance program
                        funded percentages for the 2 fiscal years
                        immediately preceding such fiscal year is 110
                        percent or greater, an amount for each
                        individual who is a participant in such plan
                        during the plan year equal to the sum of $19
                        and an additional premium equal to the quotient
                        (not to exceed $500) obtained by dividing--
                                    ``(I) an amount equal to $9 for
                                each $1,000 (or fraction thereof) of
                                unfunded vested benefits under the plan
                                as of the close of the preceding plan
                                year, by
                                    ``(II) the number of participants
                                in such plan as of the close of the
                                preceding plan year;
                            ``(ii) in the case of a single-employer
                        plan for any plan year beginning in a fiscal
                        year with respect to which the average of the
                        single-employer pension insurance program
                        funded percentages for the 2 fiscal years
                        immediately preceding such fiscal year is at
                        least 100 percent but less than 110 percent, an
                        amount for each individual who is a participant
                        in such plan during the plan year equal to the
                        sum of $30 and an additional premium equal to
                        the quotient (not to exceed $500) obtained by
                        dividing--
                                    ``(I) an amount equal to $9 for
                                each $1,000 (or fraction thereof) of
                                unfunded vested benefits under the plan
                                as of the close of the preceding plan
                                year, by
                                    ``(II) the number of participants
                                in such plan as of the close of the
                                preceding plan year;
                            ``(iii) in the case of a single-employer
                        plan for any plan year beginning in a fiscal
                        year with respect to which the average of the
                        single-employer pension insurance program
                        funded percentages for the 2 fiscal years
                        immediately preceding such fiscal year is at
                        least 90 percent but less than 100 percent, an
                        amount for each individual who is a participant
                        in such plan during the plan year equal to the
                        sum of $64 and an additional premium equal to
                        the quotient (not to exceed $500) obtained by
                        dividing--
                                    ``(I) an amount equal to $28 for
                                each $1,000 (or fraction thereof) of
                                unfunded vested benefits under the plan
                                as of the close of the preceding plan
                                year, by
                                    ``(II) the number of participants
                                in such plan as of the close of the
                                preceding plan year;
                            ``(iv) notwithstanding clauses (i) through
                        (iii), in the case of a CSEC plan (as defined
                        in section 210(f)) or single-employer plan
                        maintained by a small employer for any plan
                        year, an amount for each individual who is a
                        participant in such plan during the plan year
                        equal to the sum of $19 and an additional
                        premium equal to the quotient (not to exceed
                        $500) obtained by dividing--
                                    ``(I) an amount equal to $9 for
                                each $1,000 (or fraction thereof) of
                                unfunded vested benefits under the plan
                                as of the close of the preceding plan
                                year, by
                                    ``(II) the number of participants
                                in such plan as of the close of the
                                preceding plan year; and
                            ``(v) in any other case, the amount
                        determined under paragraph (3)(A)(i).
                    ``(B) Small employer premium phase-out.--
                            ``(i) In general.--In the case of a single-
                        employer plan maintained by an employer who has
                        more than 500 employees but not more than 600
                        employees on the first day of the plan year,
                        the annual premium rate payable to the
                        corporation by such plan for basic benefits
                        guaranteed under this title is an amount for
                        each individual who is a participant in such
                        plan during the plan year equal to the sum of--
                                    ``(I) the annual premium rate that
                                would be so payable by such plan if
                                such plan were maintained by a small
                                employer for such plan year, plus--
                                    ``(II) the applicable percentage of
                                the excess of--
                                            ``(aa) the annual premium
                                        rate so payable by such plan
                                        without regard to this
                                        subparagraph, over
                                            ``(bb) the annual premium
                                        rate that would be so payable
                                        by such plan as described under
                                        subclause (I).
                            ``(ii) Applicable percentage.--For purposes
                        of this subparagraph, the `applicable
                        percentage' is the ratio (expressed as a
                        percentage) of--
                                    ``(I) the number of employees of
                                the employer to the extent such number
                                exceeds 500, over
                                    ``(II) 100.
                    ``(C) Special rule for multiple employer plans.--In
                the case of a multiple employer plan (other than a CSEC
                plan (as defined in section 210(f))), the annual
                premium rate payable to the corporation by such plan
                for basic benefits guaranteed under this title is the
                sum of the annual premiums that, if each employer
                maintaining such plan were treated as maintaining a
                separate plan in which--
                            ``(i) the number of participants equals the
                        number of participants in the multiple employer
                        plan who are employed (or formerly employed) by
                        such employer, and
                            ``(ii) the amount of unfunded vested
                        benefits equals the portion of the unfunded
                        vested benefits under the multiple employer
                        plan attributable to such employer,
                would be imposed on each separate plan in accordance
                with this section. In determining the annual premiums
                that would be imposed on each of the separate plans
                described under this subparagraph, the determination of
                whether an employer is a small employer shall be made
                separately with respect to each employer maintaining
                the multiple employer plan.
                    ``(D) Special rule for small employers with 25 or
                fewer employees.--In the case of a single-employer plan
                maintained by a small employer who has 25 or fewer
                employees on the first day of the plan year (as
                determined under paragraph (3)(I)(ii)), the additional
                premium otherwise determined under subparagraph (A)(iv)
                shall not exceed $5 multiplied by the number of
                participants in the plan as of the close of the
                preceding plan year.
                    ``(E) Wage indexing of certain amounts.--For each
                plan year beginning in a calendar year after 2018,
                there shall be substituted for each of the first and
                second dollar amounts in clause (ii) of subparagraph
                (A) and the first, second, and third dollar amounts in
                clause (iii) of such subparagraph an amount equal to
                the greater of--
                            ``(i) the product derived by multiplying
                        each such amount by the ratio of--
                                    ``(I) the national average wage
                                index (as defined in section 209(k)(1)
                                of the Social Security Act) for the
                                first of the 2 calendar years preceding
                                the calendar year in which such plan
                                year begins, to
                                    ``(II) the national average wage
                                index (as so defined) for 2016; and
                            ``(ii) each such amount as in effect for
                        plan years beginning in the preceding calendar
                        year.
                If any amount determined under this subparagraph is not
                a multiple of $1, such product shall be rounded to the
                nearest multiple of $1.
                    ``(F) Definitions.--For purposes of this paragraph:
                            ``(i) Small employer.--The term `small
                        employer' means an employer who has 500 or
                        fewer employees on the first day of the plan
                        year.
                            ``(ii) Multiple employer plan.--The term
                        `multiple employer plan' means a single-
                        employer plan maintained by more than one
                        employer (as determined under section 210(a)).
                            ``(iii) Single-employer pension insurance
                        program funded percentage.--The term `single-
                        employer pension insurance program funded
                        percentage' for a fiscal year means the ratio
                        (expressed as a percentage) of--
                                    ``(I) the value of all assets held
                                by the corporation in any trust or
                                revolving fund on the last day of such
                                fiscal year available for the payment
                                of basic benefits guaranteed under
                                section 4022, to
                                    ``(II) the present value (as
                                determined in accordance with section
                                303(h) without regard to paragraph
                                (2)(C)(iv)) of the liabilities of the
                                corporation attributable to such
                                guaranteed benefits on the last day of
                                such fiscal year.
                            ``(iv) Unfunded vested benefits.--The term
                        `unfunded vested benefits' has the meaning
                        given such term in paragraph (3)(E)(iii),
                        except that with respect to a CSEC plan (as
                        defined in section 210(f)), such term means the
                        excess of--
                                    ``(I) the plan's funding liability
                                (as defined in section 306(j)(5)(C)),
                                determined by only taking into account
                                vested benefits, over
                                    ``(II) the fair market value of
                                plan assets for the plan year which are
                                held by the plan on the valuation
                                date.''.
    (b) Individuals Participating in More Than One Plan.--Section
4006(a)(3)(B) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1306(a)(3)(B)) is amended by inserting ``or paragraph (9)''
after ``subparagraph (A)(i)''.
    (c) Conforming Amendment.--Section 4006(a)(3)(A) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1306) is amended in
the matter preceding clause (i) by inserting ``and paragraph (9)''
after ``subparagraph (C)''.
    (d) Effective Date.--The amendments made by this shall apply with
respect to plan years beginning after December 31, 2017.

SEC. 3. CORRECTION OF THE BUDGET EFFECTS OF PREMIUM CHANGES.

    (a) In General.--In the Senate and the House of Representatives,
for purposes of determining points of order under the Congressional
Budget Act of 1974 (2 U.S.C. 621 et seq.) or any concurrent resolution
on the budget, any provision that increases or decreases, or extends
the increase or decrease of, any premiums payable to the Pension
Benefit Guaranty Corporation shall not be counted in estimating the
level of budget authority, outlays, or revenues--
            (1) in the Senate, for any bill, joint resolution,
        amendment, amendment between the Houses, conference report, or
        motion; or
            (2) in the House of Representatives, for any bill or joint
        resolution, or amendment thereto or conference report thereon.
    (b) Rules of Senate and House of Representatives.--Congress adopts
the provisions of this section--
            (1) as an exercise of the rulemaking power of the Senate
        and the House of Representatives, respectively, and as such is
        deemed a part of the rules of each House, respectively, and
        supersede other rules only to the extent that they are
        inconsistent with such rules; and
            (2) with full recognition of the constitutional right of
        either House to change the rules (so far as relating to the
        procedure of that House) at any time, in the same manner, and
        to the same extent as in the case of any other rule of that
        House.

Output: Rightsizing Pension Premiums Act of 2017  This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to: (1) modify the formula that the Pension Benefit Guaranty Corporation (PBGC) uses to calculate the funded percentage of single-employer pension plans, and (2) reduce single-employer PBGC premiums for pension plans that are sponsored by certain small employers or have specified PBGC funded percentages. The bill also prohibits the budget effects of provisions that change PBGC premiums from being counted for the purposes of determining budget points of order for legislation in the House or the Senate.  (The PBGC is a federal agency that insures the benefits of private sector, defined benefit pension plans. The PBGC is financed by insurance premiums paid by sponsors of the plans, investment income, assets from pension plans taken over by the PBGC, and recoveries from the companies formerly responsible for the plans.)


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Haitian Private Sector Encouragement
Act of 2010''.

SEC. 2. PURPOSES.

    The purposes of this Act are to promote--
            (1) development of the Haitian private sector, including
        small business, the agriculture sector, and joint ventures with
        the United States and host country participants, and
            (2) policies and practices conducive to private sector
        development in Haiti,
through loans, grants, equity investments, feasibility studies,
technical assistance, training, insurance, guarantees, and other
measures.

SEC. 3. DESIGNATION OF HAITIAN-AMERICAN ENTERPRISE FUND.

    (a) Designation.--The President is authorized to designate one
private, nonprofit organization established under State law as eligible
to receive funds and support under this Act upon a determination by the
President that the organization has been established for the purposes
described in section 2. For purposes of this Act, the organization so
designated shall be referred to as the ``Haitian-American Enterprise
Fund''.
    (b) Consultation With Congress.--Before designating an organization
under subsection (a), the President shall consult with--
            (1) the majority leader and minority leader of the Senate;
        and
            (2) the Speaker and minority leader of the House of
        Representatives.
    (c) Additional Requirements.--Except to the extent inconsistent
with the provisions of this Act, paragraphs (3) through (5) of section
201(d) of the Support for East European Democracy (SEED) Act of 1989
(22 U.S.C. 5421(d)) shall apply to the Haitian-American Enterprise Fund
to the same extent and in the same manner as such paragraphs apply to
the Polish-American Enterprise Fund, the Hungarian-American Enterprise
Fund, the Southern Africa Enterprise Development Fund, and other
similarly situated enterprise funds established by the United States
Government.

SEC. 4. GRANT TO HAITIAN-AMERICAN ENTERPRISE FUND.

    (a) In General.--The President, acting through the Administrator of
the United States Agency for International Development, shall, from
amounts appropriated pursuant to the authorization of appropriations
under section 7, provide a grant to the Haitian-American Enterprise
Fund, which shall be used to--
            (1) carry out the purposes described in section 2,
        including to promote the policies and practices described in
        subsection (b); and
            (2) pay the administrative expenses of the Enterprise Fund.
    (b) Policies and Practices.--The policies and practices referred to
in subsection (a)(1) are policies and practices conducive to the
development of private property rights for the citizens of Haiti,
particularly Haitian citizens of limited economic means, through
integration of extralegal property arrangements employed by some
Haitian citizens into comprehensive modern property recordation systems
that fix the economic potential of assets, integrate disperse ownership
information into one system, hold citizens accountable, make assets
fungible, connect citizens to one another, and protect the integrity of
commercial transactions.
    (c) Oversight.--The Administrator of the United States Agency for
International Development shall monitor the activities of the Haitian-
American Enterprise Fund.

SEC. 5. TREATMENT EQUIVALENT TO OTHER ENTERPRISE FUNDS; CONSULTATION
              WITH OTHER ENTERPRISE FUNDS.

    (a) In General.--Except to the extent inconsistent with the
provisions of this Act, subsections (f) through (p) of section 201 of
the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C.
5421) shall apply to the Haitian-American Enterprise Fund to the same
extent and in the same manner as such subsections apply to the Polish-
American Enterprise Fund, the Hungarian-American Enterprise Fund, the
Southern Africa Enterprise Development Fund, and other similarly
situated enterprise funds established by the United States Government.
    (b) Consultation With Other Enterprise Funds.--The Haitian-American
Enterprise Fund may consult extensively with other similarly situated
enterprise funds established by the United States Government in order
to seek out best practices relating to the start-up phase and other
ongoing business matters of the Enterprise Fund.

SEC. 6. HAITIAN-AMERICAN ECONOMIC OVERSIGHT PANEL.

    (a) Establishment.--The President is authorized to establish the
Haitian-American Economic Oversight Panel (in this section referred to
as the ``Oversight Panel'').
    (b) Duties.--The Oversight Panel shall monitor the activities of
the Haitian-American Enterprise Fund and all other economic development
initiatives of the United States for Haiti.
    (c) Membership.--The Oversight Panel shall consist of individuals
appointed by the President after consultation with Congress, from among
United States citizens who are not officers or employees of any
government and who have demonstrated concern and commitment to the
economic development of Haiti.
    (d) Report.--The Oversight Panel shall submit to Congress and the
President an annual report on implementation of the Oversight Panel's
duties for the preceding year, including a detailed description of
incidents of waste, fraud, and abuse relating to economic development
initiatives of the United States for Haiti.
    (e) Rule of Construction.--Nothing in this section shall be
construed to affect the authorities of the Haitian-American Enterprise
Fund.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the
President to carry out this Act $240,000,000 for fiscal year 2011.
    (b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.
    (c) Nonapplicability of Other Laws.--Notwithstanding any other
provision of law, amounts appropriated pursuant to the authorization of
appropriations under subsection (a) may be expended by the Haitian-
American Enterprise Fund for the purposes of this Act.

Output:
Haitian Private Sector Encouragement Act of 2010 - Authorizes the President to designate one private, nonprofit organization established under state law as the Haitian-American Enterprise Fund, which shall be eligible to receive funds and support under this Act.

Authorizes the President, through the United States Agency for International Development (USAID), to provide a grant to the Fund to promote policies and practices conducive to the development of private property rights for Haitian citizens, particularly citizens of limited economic means, through integration of extralegal property arrangements into property recordation systems that fix the economic potential of assets, integrate ownership information into one system, hold citizens accountable, make assets fungible, and protect commercial transaction integrity.

Directs USAID to monitor Fund activities.

Applies the enterprise fund provisions of the Support for East European Democracy (SEED) Act of 1989 to the Fund in the same manner as such provisions apply to other similar U.S.-established enterprise funds.

Authorizes the President to establish the Haitian-American Economic Oversight Panel to monitor Fund activities and all other U.S. economic development initiatives for Haiti.

Authorizes FY2011 appropriations.


Input:
.--For purposes of section
822(a)(2), the term `joint resolution' means only a joint resolution of
the two Houses of Congress---
            ``(1) the matter after the resolving clause of which is as
        follows: `That the Congress hereby concurs in the determination
        and report of the President relating to compliance by North
        Korea with certain international obligations transmitted
        pursuant to section 822(a)(1) of the North Korea Threat
        Reduction Act of 1999.';
            ``(2) which does not have a preamble; and
            ``(3) the title of which is as follows: `Joint Resolution
        relating to compliance by North Korea with certain
        international obligations pursuant to the North Korea Threat
        Reduction Act of 1999.'.
    ``(b) Congressional Review Procedures.--
            ``(1) Rulemaking.--The provisions of this section are
        enacted by the Congress--
                    ``(A) as an exercise of the rulemaking power of the
                House of Representatives and the Senate, respectively,
                and, as such, shall be considered as part of the rules
                of either House and shall supersede other rules only to
                the extent they are inconsistent therewith; and
                    ``(B) with full recognition of the constitutional
                right of either House to change the rules so far as
                they relate to the procedures of that House at any
                time, in the same manner, and to the same extent as in
                the case of any other rule of that House.
            ``(2) Introduction and referral.--
                    ``(A) Introduction.--A joint resolution described
                in subsection (a)--
                            ``(i) shall be introduced in the House of
                        Representatives by the majority leader or
                        minority leader or by a Member of the House of
                        Representatives designated by the majority
                        leader or minority leader; and
                            ``(ii) shall be introduced in the Senate by
                        the majority leader or minority leader or a
                        Member of the Senate designated by the majority
                        leader or minority leader.
                    ``(B) Referral.--The joint resolution shall be
                referred to the Committee on International Relations of
                the House of Representatives and the Committee on
                Foreign Relations of the Senate.
            ``(3) Discharge of Committees.--If a committee to which a
        joint resolution described in subsection (a) is referred has
        not reported such joint resolution by the end of 30 days
        beginning on the date of its introduction, such committee shall
        be discharged from further consideration of such joint
        resolution, and such joint resolution shall be placed on the
        appropriate calendar of the House involved.
            ``(4) Floor Consideration in the House of
        Representatives.--
                    ``(A) In general.--On or after the third calendar
                day (excluding Saturdays, Sundays, or legal holidays,
                except when the House of Representatives is in session
                on such a day) after the date on which the committee to
                which a joint resolution described in subsection (a) is
                referred has reported, or has been discharged from
                further consideration of, such a joint resolution, it
                shall be in order for any Member of the House to move
                to proceed to the consideration of the joint
                resolution. A Member of the House may make the motion
                only on the day after the calendar day on which the
                Member announces to the House the Member's intention to
                do so. Such motion is privileged and is not debatable.
                The motion is not subject to amendment or to a motion
                to postpone. A motion to reconsider the vote by which
                the motion is agreed to shall not be in order. If a
                motion to proceed to the consideration of the joint
                resolution is agreed to, the House shall immediately
                proceed to consideration of the joint resolution which
                shall remain the unfinished business until disposed of.
                    ``(B) Debate.--Debate on a joint resolution
                described in subsection (a), and on all debatable
                motions and appeals in connection therewith, shall be
                limited to not more than two hours, which shall be
                divided equally between those favoring and those
                opposing the joint resolution. An amendment to the
                joint resolution is not in order. A motion further to
                limit debate is in order and is not debatable. A motion
                to table, a motion to postpone, or a motion to recommit
                the joint resolution is not in order. A motion to
                reconsider the vote by which the joint resolution is
                agreed to or disagreed to is not in order.
                    ``(C) Appeals.--Appeals from the decisions of the
                Chair to the procedure relating to a joint resolution
                described in subsection (a) shall be decided without
                debate.
            ``(5) Floor consideration in the senate.--Any joint
        resolution described in subsection (a) shall be considered in
        the Senate in accordance with the provisions of section
        601(b)(4) of the International Security Assistance and Arms
        Export Control Act of 1976.
            ``(6) Consideration by the other house.--If, before the
        passage by one House of a joint resolution of that House
        described in subsection (a), that House receives from the other
        House a joint resolution described in subsection (a), then the
        following procedures shall apply:
                    ``(A) The joint resolution of the other House shall
                not be referred to a committee and may not be
                considered in the House receiving it except in the case
                of final passage as provided in subparagraph (B)(ii).
                    ``(B) With respect to a joint resolution described
                in subsection (a) of the House receiving the joint
                resolution--
                            ``(i) the procedure in that House shall be
                        the same as if no joint resolution had been
                        received from the other House; but
                            ``(ii) the vote on final passage shall be
                        on the joint resolution of the other House.
                    ``(C) Upon disposition of the joint resolution
                received from the other House, it shall no longer be in
                order to consider the joint resolution that originated
                in the receiving House.
            ``(7) Computation of days.--In the computation of the
        period of 30 days referred to in paragraph (3), there shall be
        excluded the days on which either House of Congress is not in
        session because of an adjournment of more than 3 days to a day
        certain or because of an adjournment of the Congress sine
        die.''.

SEC. 3. EXPANSION OF RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH
              KOREA.

    Section 822(a) of the North Korea Threat Reduction Act of 1999 is
amended by striking ``such agreement,'' both places it appears and
inserting in both places ``such agreement (or that are controlled under
the Export Trigger List of the Nuclear Suppliers Group),''.

            Passed the House of Representatives May 15, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output: Prohibits any such agreement, export license, or transfer of any such items unless Congress approves the President's report by enactment of a joint resolution.Subjects to the same prohibition and approval requirements any export license for, or transfer or retransfer to North Korea of, any nuclear material, facilities, goods, services, or technology controlled under the Export Trigger List of the Nuclear Suppliers Group.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rio Grande del Norte National
Conservation Area Establishment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Conservation area.--The term ``Conservation Area''
        means the Rio Grande del Norte National Conservation Area
        established by section 3(a)(1).
            (2) Land grant community.--The term ``land grant
        community'' means a member of the Board of Trustees of
        confirmed and nonconfirmed community land grants within the
        Conservation Area.
            (3) Management plan.--The term ``management plan'' means
        the management plan for the Conservation Area developed under
        section 3(d).
            (4) Map.--The term ``map'' means the map entitled ``Rio
        Grande del Norte National Conservation Area'' and dated
        November 4, 2009.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (6) State.--The term ``State'' means the State of New
        Mexico.

SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.

    (a) Establishment.--
            (1) In general.--There is established the Rio Grande del
        Norte National Conservation Area in the State.
            (2) Area included.--The Conservation Area shall consist of
        approximately 235,980 acres of public land in Taos and Rio
        Arriba counties in the State, as generally depicted on the map.
    (b) Purposes.--The purposes of the Conservation Area are to
conserve, protect, and enhance for the benefit and enjoyment of present
and future generations the cultural, archaeological, natural,
ecological, geological, historical, wildlife, educational,
recreational, and scenic resources of the Conservation Area.
    (c) Management.--
            (1) In general.--The Secretary shall manage the
        Conservation Area--
                    (A) in a manner that conserves, protects, and
                enhances the resources of the Conservation Area; and
                    (B) in accordance with--
                            (i) the Federal Land Policy and Management
                        Act of 1976 (43 U.S.C. 1701 et seq.);
                            (ii) this Act; and
                            (iii) any other applicable laws.
            (2) Uses.--
                    (A) In general.--The Secretary shall allow only
                such uses of the Conservation Area that the Secretary
                determines would further the purposes described in
                subsection (b).
                    (B) Use of motorized vehicles.--
                            (i) In general.--Except as needed for
                        administrative purposes or to respond to an
                        emergency, the use of motorized vehicles in the
                        Conservation Area shall be permitted only on
                        roads designated for use by motorized vehicles
                        in the management plan.
                            (ii) New roads.--No additional road shall
                        be built within the Conservation Area after the
                        date of enactment of this Act unless the road
                        is needed for public safety or natural resource
                        protection.
                    (C) Grazing.--The Secretary shall permit grazing
                within the Conservation Area, where established before
                the date of enactment of this Act--
                            (i) subject to all applicable laws
                        (including regulations) and Executive orders;
                        and
                            (ii) consistent with the purposes described
                        in subsection (b).
                    (D) Collection of pinon nuts and firewood.--Nothing
                in this section precludes the traditional collection of
                firewood and pinon nuts for noncommercial personal use
                within the Conservation Area--
                            (i) in accordance with any applicable laws;
                        and
                            (ii) subject to such terms and conditions
                        as the Secretary determines to be appropriate.
                    (E) Utility right-of-way upgrades.--Nothing in this
                section precludes the Secretary from renewing or
                authorizing the upgrading (including widening) of an
                existing utility right-of-way through the Conservation
                Area in a manner that minimizes harm to the purposes of
                the Conservation Area described in subsection (b)--
                            (i) in accordance with--
                                    (I) the National Environmental
                                Policy Act of 1969 (42 U.S.C. 4321 et
                                seq.); and
                                    (II) any other applicable law; and
                            (ii) subject to such terms and conditions
                        as the Secretary determines to be appropriate.
                    (F) Tribal cultural uses.--
                            (i) Access.--The Secretary shall, in
                        consultation with Indian tribes or pueblos--
                                    (I) ensure the protection of
                                religious and cultural sites in the
                                Conservation Area; and
                                    (II) provide access to the sites by
                                members of Indian tribes or pueblos for
                                traditional cultural and customary
                                uses, consistent with Public Law 95-341
                                (commonly known as the ``American
                                Indian Religious Freedom Act'') (42
                                U.S.C. 1996).
                            (ii) Temporary closures.--In accordance
                        with Public Law 95-341 (commonly known as the
                        ``American Indian Religious Freedom Act'') (42
                        U.S.C. 1996), the Secretary, on request of an
                        Indian tribe or pueblo, may temporarily close
                        to general public use 1 or more specific areas
                        of the Conservation Area in order to protect
                        traditional cultural and customary uses in
                        those areas by members of the Indian tribe or
                        the pueblo.
    (d) Management Plan.--
            (1) In general.--Not later than 3 years after the date of
        enactment of this Act, the Secretary shall develop a management
        plan for the Conservation Area.
            (2) Other plans.--To the extent consistent with this Act,
        the plan may incorporate in the management plan the Rio Grande
        Corridor Management Plan in effect on the date of enactment of
        this Act.
            (3) Consultation.--The management plan shall be developed
        in consultation with--
                    (A) State and local governments;
                    (B) tribal governmental entities;
                    (C) land grant communities; and
                    (D) the public.
            (4) Considerations.--In preparing and implementing the
        management plan, the Secretary shall consider the
        recommendations of Indian tribes and pueblos on methods for--
                    (A) ensuring access to religious and cultural
                sites;
                    (B) enhancing the privacy and continuity of
                traditional cultural and religious activities in the
                Conservation Area; and
                    (C) protecting traditional cultural and religious
                sites in the Conservation Area.
    (e) Incorporation of Acquired Land and Interests in Land.--Any land
that is within the boundary of the Conservation Area that is acquired
by the United States shall--
            (1) become part of the Conservation Area; and
            (2) be managed in accordance with--
                    (A) this Act; and
                    (B) any other applicable laws.
    (f) Special Management Areas.--
            (1) In general.--The establishment of the Conservation Area
        shall not change the management status of any area within the
        boundary of the Conservation Area that is--
                    (A) designated as a component of the National Wild
                and Scenic Rivers System under the Wild and Scenic
                Rivers Act (16 U.S.C. 1271 et seq.); or
                    (B) managed as an area of critical environmental
                concern.
            (2) Conflict of laws.--If there is a conflict between the
        laws applicable to the areas described in paragraph (1) and
        this Act, the more restrictive provision shall control.

SEC. 4. DESIGNATION OF WILDERNESS AREAS.

    (a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the Conservation Area are
designated as wilderness and as components of the National Wilderness
Preservation System:
            (1) Cerro del yuta wilderness.--Certain land administered
        by the Bureau of Land Management in Taos County, New Mexico,
        comprising approximately 13,420 acres as generally depicted on
        the map, which shall be known as the ``Cerro del Yuta
        Wilderness''.
            (2) Rio san antonio wilderness.--Certain land administered
        by the Bureau of Land Management in Rio Arriba County, New
        Mexico, comprising approximately 8,000 acres, as generally
        depicted on the map, which shall be known as the ``Rio San
        Antonio Wilderness''.
    (b) Management of Wilderness Areas.--Subject to valid existing
rights, the wilderness areas designated by subsection (a) shall be
administered in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and this Act, except that with respect to the wilderness areas
designated by this Act--
            (1) any reference to the effective date of the Wilderness
        Act shall be considered to be a reference to the date of
        enactment of this Act; and
            (2) any reference in the Wilderness Act to the Secretary of
        Agriculture shall be considered to be a reference to the
        Secretary.
    (c) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land within the boundary of the wilderness areas
designated by subsection (a) that is acquired by the United States
shall--
            (1) become part of the wilderness area in which the land is
        located; and
            (2) be managed in accordance with--
                    (A) the Wilderness Act (16 U.S.C. 1131 et seq.);
                    (B) this Act; and
                    (C) any other applicable laws.
    (d) Grazing.--Grazing of livestock in the wilderness areas
designated by subsection (a), where established before the date of
enactment of this Act, shall be administered in accordance with--
            (1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
        1133(d)(4)); and
            (2) the guidelines set forth in appendix A of the Report of
        the Committee on Interior and Insular Affairs to accompany H.R.
        2570 of the 101st Congress (H. Rept. 101-405).
    (e) Buffer Zones.--
            (1) In general.--Nothing in this section creates a
        protective perimeter or buffer zone around any wilderness area
        designated by subsection (a).
            (2) Activities outside wilderness areas.--The fact that an
        activity or use on land outside any wilderness area designated
        by subsection (a) can be seen or heard within the wilderness
        area shall not preclude the activity or use outside the
        boundary of the wilderness area.
    (f) Release of Wilderness Study Areas.--Congress finds that, for
purposes of section 603(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio
Wilderness Study Area not designated as wilderness by this section--
            (1) has been adequately studied for wilderness designation;
            (2) is no longer subject to section 603(c) of the Federal
        Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
            (3) shall be managed in accordance with this Act.

SEC. 5. GENERAL PROVISIONS.

    (a) Maps and Legal Descriptions.--
            (1) In general.--As soon as practicable after the date of
        enactment of this Act, the Secretary shall file the map and
        legal descriptions of the Conservation Area and the wilderness
        areas designated by section 4(a) with--
                    (A) the Committee on Energy and Natural Resources
                of the Senate; and
                    (B) the Committee on Natural Resources of the House
                of Representatives.
            (2) Force of law.--The map and legal descriptions filed
        under paragraph (1) shall have the same force and effect as if
        included in this Act, except that the Secretary may correct
        errors in the legal description and map.
            (3) Public availability.--The map and legal descriptions
        filed under paragraph (1) shall be on file and available for
        public inspection in the appropriate offices of the Bureau of
        Land Management.
    (b) National Landscape Conservation System.--The Conservation Area
and the wilderness areas designated by section 4(a) shall be
administered as components of the National Landscape Conservation
System.
    (c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife located on
public land in the State, except that the Secretary, after consultation
with the New Mexico Department of Game and Fish, may designate zones
where, and establishing periods when, hunting shall not be allowed for
reasons of public safety, administration, or public use and enjoyment.
    (d) Withdrawals.--Subject to valid existing rights, any Federal
land within the Conservation Area and the wilderness areas designated
by section 4(a), including any land or interest in land that is
acquired by the United States after the date of enactment of this Act,
is withdrawn from--
            (1) entry, appropriation, or disposal under the public land
        laws;
            (2) location, entry, and patent under the mining laws; and
            (3) operation of the mineral leasing, mineral materials,
        and geothermal leasing laws.
    (e) Treaty Rights.--Nothing in this Act enlarges, diminishes, or
otherwise modifies any treaty rights.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

Output:
Rio Grande Del Norte National Conservation Area Establishment Act - Establishes Rio Grande Del Norte National Conservation Area in New Mexico, consisting of approximately 235,980 acres of public land in Taos and Rio Arriba Counties for the purposes of conserving, protecting, and enhancing the cultural, archaeological, natural, ecological, geological, historical, wildlife, educational, recreational, and scenic resources of such Conservation Area. Sets forth requirements for the management of the Conservation Area regarding motorized vehicles and new roads, grazing, collection of pine nuts and firewood for noncommercial use, and utility right-of-way upgrades.

Requires the Secretary to ensure the protection of religious and cultural sites and to provide occasional access to them by tribal members for traditional cultural and customary uses.

Requires the Secretary to develop a management plan for the Conservation Area. Makes any acquired land within the boundary of the Conservation Area part of such Area.

Bars the changing of the management status of any area within the boundary of the Conservation Area that is: (1) designated as a component of the National Wild and Scenic Rivers System, or (2) managed as an area of critical environmental concern.

Designates the Cerro Del Yuta Wilderness and Rio San Antonio Wilderness as wilderness and as components of the National Wilderness Preservation System. Makes any acquired land or interests within the boundary of the wilderness areas part of the area in which the land is located. Sets forth requirements for the management of the wilderness areas regarding livestock grazing, protective perimeters and buffer zones, and activities and uses conducted outside the wilderness areas.

Releases the public land within the San Antonio Wilderness Study Area not designated as wilderness from further study for designation as wilderness.

Requires the Conservation Area and the wilderness areas designated by this Act to be administered as components of the National Landscape Conservation System.

Specifies this Act's effect on fish and wildlife located on public land in New Mexico.

Withdraws federal land within the Conservation Area and the Wilderness designated by this Act, including any acquired land and interests, from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.

Prohibits anything in this Act from enlarging, diminishing, or otherwise modifying any treaty rights.

Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Torture Outsourcing Prevention
Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Universal Declaration of Human Rights states that
        ``No one shall be subjected to torture or to cruel, inhuman, or
        degrading treatment or punishment.''.
            (2) The United Nations Convention against Torture and Other
        Cruel, Inhuman or Degrading Treatment or Punishment (in this
        Act referred to as the ``Convention against Torture'' ) defines
        torture as ``any act by which severe pain or suffering, whether
        physical or mental, is intentionally inflicted on a person for
        such purposes as obtaining from him or a third person
        information or a confession. . . .'', and which may be
        ``inflicted by or at the instigation of or acquiescence of a
        public official or other person acting in an official
        capacity.''.
            (3) Article 4 of the Convention against Torture obligates
        State parties to ensure that all acts of torture are criminal
        offenses under domestic legislation, and current United States
        law, under section 2340A of title 18, United States Code, makes
        torture a crime when committed outside of the United States.
            (4) Article 3 of the Convention against Torture expressly
        prohibits sending a person to another State ``where there are
        substantial grounds for believing that he would be in danger of
        being subjected to torture.'' It further provides that in
        making such determinations, governments must take into account
        the existence of ``a consistent pattern of gross, flagrant, or
        mass violations of human rights.''.
            (5) In order to discourage the use of torture in
        interrogation, Article 15 of the Convention against Torture
        requires all state Parties to ``ensure that any statement which
        is established to have been made as a result of torture shall
        not be invoked as evidence in any proceedings''.
            (6) The prohibition on torture and other ill treatment has
        been incorporated into the numerous international and regional
        human rights treaties, including--
                    (A) Article 7 of the International Covenant on
                Civil and Political Rights (ICCPR), ratified by 154
                countries, including the United States in 1992;
                    (B) the Convention against Torture, ratified by 139
                countries, including the United States in 1994;
                    (C) the American Convention on Human Rights;
                    (D) the European Convention for the Protection of
                Human Rights and Fundamental Freedoms; and
                    (E) the African Charter on Human and Peoples'
                Rights.
            (7) The prohibition against torture and inhumane treatment
        is also fundamental to the laws governing the conduct of
        parties in armed conflicts, as enshrined in the Geneva
        Conventions of 1949 and their Protocols, which establish a duty
        to protect the life, health, and safety of civilians and other
        noncombatants, including soldiers who are captured or who have
        laid down their arms, prohibit ``violence of life and person,
        in particular murder of all kinds, mutilation, cruel treatment,
        and torture'', ``outrages upon personal dignity, in particular
        humiliating, and degrading treatment'', and prohibit the use of
        force to obtain information, stipulating that ``No physical or
        moral coercion shall be exercised against protected persons, in
        particular to obtain information from them or from third
        parties.''.
            (8) The United States Government informed the United
        Nations in 1999 that in the United States, the use of torture
        ``is categorically denounced as a matter of policy and as a
        tool of state authority . . . No official of the government,
        Federal, State, or local, civilian, or military, is authorized
        to commit or to instruct anyone else to commit torture. Nor may
        any official condone or tolerate torture in any form . . .
        Every act of torture within the meaning of the [Convention
        against Torture] is illegal under existing Federal and State
        law, and any individual who commits such an act is subject to
        penal sanctions as specified in criminal statutes.''.
            (9) In the United States, the practice of torture violates
        numerous provisions of the United States Constitution and its
        Bill of Rights, including the right under the Fourth Amendment
        to be free of unreasonable search or seizure, which encompasses
        the right not to be abused by the police, the right under the
        Fifth Amendment against self-incrimination, which encompasses
        the right to remain silent during interrogations, the
        guarantees of due process under the Fifth and the Fourteenth
        Amendments, which ensure fundamental fairness in criminal
        justice system, and the right under the Eighth Amendment to be
        free of cruel or unusual punishment.
            (10) In numerous cases, the United States Supreme Court has
        condemned the use of force amounting to torture or other forms
        of ill treatment during interrogations, including such
        practices as whipping, slapping, depriving a prisoner of food,
        water, or sleep, keeping a prisoner naked or in a small cell
        for prolonged periods, holding a gun to a prisoner's head, or
        threatening a prisoner with mob violence.
            (11) Section 2242(a) of the Foreign Affairs Reform and
        Restructuring Act of 1998 (Public Law 105-277; 8 U.S.C. 1231
        note) states that ``It shall be the policy of the United States
        not to expel, extradite, or otherwise effect the involuntary
        return of any person to a country in which there are
        substantial grounds for believing the person would be in danger
        of being subjected to torture, regardless of whether the person
        is physically present in the United States.'' . To do otherwise
        would violate our obligations under Article 3 of the Convention
        against Torture.
            (12) Transferring, rendering, removing, returning, or
        extraditing persons in the custody of the United States to any
        other country where torture or cruel, inhuman, or degrading
        treatment is commonly used in the detention and interrogation
        of individuals is inconsistent with international human rights
        law, including various human rights treaties ratified by the
        United States, the Constitutional protections against torture
        or inhuman treatment, and the values and principles upon which
        the United States was founded.
            (13) Recent practices have weakened the safeguards under
        applicable laws, such as the procedures under the immigration
        laws of the United States governing removals from the United
        States, and persons have been transferred from the custody of
        the United States to that of other governments entirely outside
        of any legal framework.
            (14) It is critically important that all transfers of
        individuals to other countries occur with full due process of
        law and in conformity with the obligations of the United States
        under article 3 of the Convention Against Torture.
            (15) The reliance on diplomatic or other assurances from a
        government that it will not torture or ill-treat a person
        returned to that government is an ineffective safeguard for
        protecting persons from torture or ill treatment. Such
        assurances from a government known to engage in systematic
        torture are inherently unreliable. There is strong evidence
        that governments such as those of Egypt, Syria, and Uzbekistan
        have violated such assurances they have provided.
            (16) The United Nation's leading expert on torture, the
        Special Rapporteur on Torture, recently examined the practice
        of rendition in situations that implicate the prohibition on
        returning persons to countries where they may face torture. The
        Special Rapporteur noted with concern that such practices
        appear to be on the rise over the past 3 years. After examining
        the growing use of diplomatic or other assurances described in
        paragraph (14), the Special Rapporteur stated that such
        assurances may not be used in circumstances where a country has
        a record of ``systematic practice of torture''. In such cases,
        the individual's right not to be subjected to torture must be
        respected, and the individual may not be returned to that
        country.

SEC. 3. TRANSFER OF PERSONS.

    (a) Reports to Congress.--Beginning 30 days after the date of the
enactment of this Act and every 12 months thereafter, the Secretary of
State shall complete and submit to the appropriate congressional
committees a list of countries where there are substantial grounds for
believing that torture or cruel, inhuman, or degrading treatment is
commonly used in the detention of or interrogation of individuals. The
list shall be compiled on the basis of the information contained in the
most recent annual report of the Secretary of State submitted to the
Speaker of the House of Representatives and the Committee on Foreign
Relations of the Senate under section 116(d) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151n(d)).
    (b) Prohibition on Transferring Persons.--Any person who is
imprisoned, detained, or held for transfer to another country by, or is
otherwise in the custody of, a department, agency, or official of the
United States Government, or any contractor of any such department or
agency, may not be transferred, rendered, or returned--
            (1) to a country included on the most recent list submitted
        under subsection (a), for the purpose of detention,
        interrogation, trial, or otherwise; or
            (2) to any other country if there are substantial grounds
        to believe that the person will be transferred to a country
        included in the most recent list submitted under subsection
        (a).
    (c) Waivers.--
            (1) Authority.--The Secretary of State may waive the
        prohibition contained in subsection (b) with respect to the
        government of a country if the Secretary certifies to the
        appropriate congressional committees that--
                    (A) that government has ended the acts of torture
                or cruel, inhuman, or degrading treatment that were the
                basis for the inclusion of that country on the list;
                and
                    (B) there is in place a mechanism that assures the
                United States in a verifiable manner that a person
                transferred, rendered, or returned will not be tortured
                or subjected to cruel, inhuman, or degrading treatment
                in that country, including, at a minimum, immediate,
                unfettered, and continuing access, from the point of
                return, to each such person by an independent
                humanitarian organization.
            (2) Assurances insufficient.--Written or verbal assurances
        made to the United States by the government of a country that
        persons transferred, rendered, or returned to the country will
        not be tortured or subjected to cruel, inhuman, or degrading
        treatment, are not sufficient to meet the requirements of
        paragraph (1)(B).
    (d) Treaty-Based Extradition Exemption.--(1) The prohibition
contained in subsection (b) shall not be construed to apply to the
legal extradition of a person under a bilateral or multilateral
extradition treaty if, prior to such extradition, that person has
recourse to a court in the United States of competent jurisdiction to
challenge the extradition on the basis that there are substantial
grounds for believing that the person would be in danger of being
subjected to torture or cruel, inhuman, or degrading treatment in the
country requesting such extradition.
    (2) Assurances Insufficient.--Written or verbal assurances made to
the United States by the government of a country that persons
transferred, rendered, or returned to the country will not be tortured
or subjected to cruel, inhuman, or degrading treatment, are not
sufficient basis for believing that the person would not be in
subjected to torture or cruel, inhuman, or degrading treatment in the
country requesting such extradition pursuant to paragraph (1).

SEC. 4. IMPLEMENTATION OF OBLIGATION NOT TO RETURN TO RISK OF TORTURE.

    (a) In General.--Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (8 U.S.C. 1231 note) is amended by striking
subsection (b) and inserting the following:
    ``(b) Regulations.--
            ``(1) Issuance.--Not later than 120 days after the date of
        the enactment of the Torture Outsourcing Prevention Act, the
        heads of the appropriate Government agencies shall prescribe
        regulations to implement the obligations of the United States
        under Article 3 of the United Nations Convention Against
        Torture and Other Cruel, Inhuman or Degrading Treatment or
        Punishment, subject to any reservations, understandings,
        declarations and provisos contained in the United States Senate
        resolution of ratification of the Convention.
            ``(2) Requirements of regulations.--Regulations issued by
        the head of an agency under paragraph (1) shall set forth--
                    ``(A) the responsibilities of the agency, its
                employees, and its contractors to comply, both within
                and outside of the United States, with the obligations
                of the United States under Article 3 of the Convention
                Against Torture referred to in paragraph (1); and
                    ``(B) the process by which a person may raise and
                adjudicate in an independent judicial forum a claim
                that his or her transfer would be in violation of
                Article 3 of the Convention Against Torture referred to
                in paragraph (1), including the process by which the
                individual being transferred can challenge any
                diplomatic or other assurances received from the
                government to which the individual would be returned
                that the individual will not be subjected to torture or
                ill treatment.
            ``(3) Definition.--For purposes of this subsection, the
        term `appropriate Government agencies' means the intelligence
        community (as defined in section 3(4) of the National Security
        Act of 1947 (50 U.S.C. 401a(4))), the Departments of State,
        Defense, Homeland Security, and Justice, the United States
        Secret Service, the United States Marshals Service, and any
        other law enforcement, national security, intelligence, or
        homeland security agency which imprisons, detains, or transfers
        prisoners or detainees, or which otherwise takes or assumes
        custody of persons, or transfers persons to another country.''.
    (b) Existing Regulations.--
            (1) In general.--The amendment made by subsection (a) does
        not nullify any regulations issued by an agency, before the
        effective date of this Act, under section 2242(b) of the
        Foreign Affairs Reform and Restructuring Act of 1998. In such a
        case, the agency shall amend such regulations to comply with
        the amendment made by subsection (a) of this section.
            (2) Special rule concerning immigration laws.--
        Notwithstanding any other provision of this Act, or any
        amendment made by this Act, nothing in this Act shall be
        construed to affect immigration laws (as defined in section
        101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
        1101(a)(17))), or regulations issued pursuant to immigration
        laws, except that the Secretary of Homeland Security, not later
        than 120 days after the date of the enactment of this Act,
        shall revise the regulations issued by the Secretary to
        implement section 2242 of the Foreign Affairs Reform and
        Restructuring Act of 1998 (8 U.S.C. 1231 note) so as to ensure
        that written or verbal assurances made by the government of a
        country that a person in immigration proceedings in the United
        States (including asylum proceedings) will not be tortured or
        subjected to cruel, inhuman, or degrading treatment if the
        person is removed by the United States to the country are not,
        standing alone, a sufficient basis for believing that the
        person would not be tortured or subjected to such treatment if
        the alien were removed to the country.

SEC. 5. SAVINGS CLAUSE.

    Nothing in this Act or the amendments made by this Act shall be
construed to eliminate, limit, or constrain in any way the rights that
an individual has under the Convention Against Torture or any other
applicable law.

SEC. 6. EFFECTIVE DATE.

    This Act takes effect on the date that is 30 days after the date of
the enactment of this Act.

Output:
Torture Outsourcing Prevention Act - Directs the Secretary of State to submit to the appropriate congressional committees an annual list of countries where there are substantial grounds for believing that torture, cruel, or degrading treatment is commonly used in the detention or interrogation of individuals.

Prohibits the direct or indirect transfer or return of persons by the United States for the purpose of detention, interrogation, trial, or otherwise to a listed country. Sets forth conditions under which: (1) the Secretary may waive such transfer prohibition; and (2) a treaty-based transfer may occur.

Amends the Foreign Affairs Reform and Restructuring Act of 1998 to direct the appropriate Government agencies to prescribe regulations to implement U.S. obligations under the United Nations (UN) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Investor Protection Act of
2004''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Chairman'' means the Chairman of the
        Securities and Exchange Commission;
            (2) the terms ``broker'', ``dealer'', and ``securities''
        have the same meanings as in section 3 of the Securities
        Exchange Act of 1934;
            (3) the term ``Commission'' means the Securities and
        Exchange Commission; and
            (4) the term ``individual investors'' means
        nonprofessional, noninstitutional investors, as a class,
        including small investors.

SEC. 3. DIVISION OF THE INVESTOR.

    (a) Establishment.--There is established within the Commission the
Division of the Investor.
    (b) Director.--
            (1) Appointment.--The Division of the Investor shall be
        headed by a Director, who shall be appointed by the Commission
        from among individuals who have--
                    (A) a demonstrated commitment to the rights and
                interests of individual investors and to the public
                interest;
                    (B) experience in advocating for, educating, or
                otherwise assisting individual investors; and
                    (C) knowledge of the financial markets.
            (2) Report to chairman.--The Director of the Division of
        the Investor shall report directly to the Chairman.
    (c) Duties of the Division.--The duties of the Division of the
Investor shall be--
            (1) to serve as an advocate for individual investors by--
                    (A) assessing and advocating for the interests of
                individual investors;
                    (B) providing views to the Commission and
                Commission staff as to whether policy proposals and
                proposed rules effectively serve, and, if appropriate,
                how they can better serve, the interests of individual
                investors;
                    (C) identifying areas of concern to individual
                investors that may warrant or benefit from Commission
                action;
                    (D) conducting qualitative and quantitative
                research to determine the information and other needs
                of individual investors; and
                    (E) serving as a liaison between investor advocacy
                organizations and the Commission, and developing
                processes to receive meaningful input from such
                organizations and from individual investors;
            (2) to assist and educate individual investors by
        performing the functions performed on the day before the
        effective date of this Act by the Director of the Office of
        Investor Education and Assistance (previously known as the
        Office of Consumer Affairs), as set forth in section 200.24a of
        title 17 of the Code of Federal Regulations, as in effect on
        the effective date of this Act, including--
                    (A) developing and disseminating educational
                materials to individual investors;
                    (B) receiving, tracking, and analyzing complaints
                from individual investors about entities regulated by
                the Commission, and transmitting to other offices and
                divisions within the Commission and to the Commission
                itself relevant information from such individual
                investors; and
                    (C) providing information to individual investors
                concerning entities regulated by the Commission, the
                operation of the securities markets, and the functions
                of the Commission; and
            (3) to perform other functions to promote the interests of
        individual investors, as the Chairman determines appropriate.
    (d) Small Investors.--In carrying out this section, the Division of
the Investor shall pay particular attention to the needs and interests
of small investors.
    (e) Views on Proposed Rules.--Whenever the Commission proposes a
new rule or an amendment to an existing rule, or otherwise solicits
public comment on a matter of importance to individual investors, the
Director of the Division of the Investor shall prepare a written
summary of the Division's views on the proposed rule or other matter,
and the Commission shall include the summary in its Notice of Proposed
Rulemaking or other public solicitation of comments.

SEC. 4. OFFICE OF RISK ASSESSMENT.

    (a) Establishment.--There is established within the Commission the
Office of Risk Assessment.
    (b) Director.--
            (1) Appointment.--The Office of Risk Assessment shall be
        headed by a Director, who shall be appointed by the Commission
        from among individuals who have--
                    (A) demonstrated experience in public and private
                risk analysis or in uncovering and investigating
                financial fraud or other financial misconduct, or both;
                    (B) knowledge of the financial markets; and
                    (C) demonstrated commitment to the public interest.
            (2) Report to chairman.--The Director of the Office of Risk
        Assessment shall report directly to the Chairman.
    (c) Duties of the Office.--The duties of the Office of Risk
Assessment shall be--
            (1) to assess industry practices within the jurisdiction of
        the Commission to identify any risks associated with those
        practices that could most likely harm investors and the public;
            (2) to develop strategies to address and mitigate any such
        risks, and prevent or lessen the potential harm to investors
        and the public;
            (3) to coordinate risk assessment and risk management
        activities throughout the Commission; and
            (4) to prepare annual reports to the Commission assessing
        areas that potentially pose the most significant risks to
        investors during the 3-year period following submission of each
        such report.
    (d) Use of Information.--In performing its duties under this
section, the Office of Risk Assessment shall seek and make use of
information from a wide range of sources, both within and outside of
the Commission, including securities filings, information gathered in
compliance inspections and examinations, consumer complaints, tips from
individuals working within publicly traded corporations or the
securities industry, academic research, and relevant information from
industry and other sources, consistent with applicable privacy and
other laws.

SEC. 5. CONSUMER RESEARCH.

    (a) In General.--Whenever it considers requiring significant
disclosures to investors, whether in advertising, on web sites, or in
documents required by law or regulation, the Commission shall consider
and give weight to empirical evidence as to whether the proposed
disclosure as a whole, including its wording, its format, the context
and location in which it appears, and the timing and manner of its
dissemination, is likely to meaningfully improve understanding by
individual investors to assist them in making wise financial decisions,
and whether alternative disclosures would be more effective in
improving investor understanding.
    (b) Types of Evidence.--Empirical evidence referred to in
subsection (a)--
            (1) may be qualitative or quantitative;
            (2) should be of a type that relevant experts would
        consider competent and reliable evidence of the understanding
        of average investors; and
            (3) may include evidence developed by the Commission or by
        others.

SEC. 6. FUND SUMMARIES.

    (a) Summaries Required.--
            (1) In general.--Section 12 of the Investment Company Act
        of 1940 (15 U.S.C. 80a-12) is amended by adding at the end the
        following:
    ``(h) Summaries Required for Open-End Companies.--It shall be
unlawful for an open-end registered investment company to offer its
securities for sale, unless, prior to completion of the sale, it
provides to investors a summary of relevant characteristics of the
investment, including information on expenses, risk, and
diversification, and any other information that the Commission
determines will assist investors in making wise financial decisions.''.
            (2) Effective date.--Section 12(h) of the Investment
        Company Act of 1940, as added by paragraph (1) of this
        subsection, shall become effective on the earlier of--
                    (A) the effective date of regulations issued under
                subsection (c); or
                    (B) 1 year after the date of enactment of this Act.
    (b) Study.--The Commission shall conduct a study, including
usability testing where appropriate, to determine--
            (1) the information most likely to assist average mutual
        fund investors in making wise financial decisions; and
            (2) the best media and format in which to present such
        information so as to ensure that it is readily accessible and
        understandable to average investors.
    (c) Implementing Regulations.--Not later than 1 year after the date
of enactment of this Act, the Commission shall issue final regulations
implementing the requirements of section 12(h) of the Investment
Company Act of 1940, as added by subsection (a), and specifying the
content and format of the summary required under that section 12(h),
consistent with the findings of the Commission in the study conducted
under subsection (b), except that such summary shall not exceed in
length the equivalent of 4 printed pages of text.

Output:
Small Investor Protection Act of 2004 - Establishes the Division of the Investor within the Securities and Exchange Commission (SEC) to: (1) serve as advocate for individual investors, including serving as liaison between investor advocacy organizations and the SEC; and (2) assist and educate individual investors by performing the functions previously performed by the Director of the Office of Investor Education and Assistance (previously known as the Office of Consumer Affairs), paying particular attention to the needs and interests of small investors.

Establishes the Office of Risk Assessment within the SEC to: (1) assess industry practices within the jurisdiction of the SEC to identify any risks associated with those practices that could most likely harm investors and the public; and (2) develop strategies to address and mitigate such risks, and prevent or lessen the potential harm to investors and the public.

Requires the Commission, whenever it considers requiring significant disclosures to investors (whether in advertising, on web sites, or in documents required by law or regulation), to consider and give weight to empirical evidence as to: (1) whether the proposed disclosure as a whole is likely to improve meaningfully individual investor understanding to assist investors in making wise financial decisions; and (2) whether alternative disclosures would be more effective in improving investor understanding.

Amends the Investment Company Act of 1940 to declare that it shall be unlawful for an open-end registered investment company to offer its securities for sale, unless, prior to completion of the sale, it provides investors with a summary of relevant characteristics of the investment, including information on expenses, risk, and diversification, and any other information that the SEC determines will assist investors in making wise financial decisions.