Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Program Assessment and Results
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) inefficiency and ineffectiveness in Federal programs
        undermines the confidence of the American people in the
        Government and reduces the Federal Government's ability to
        adequately address vital public needs;
            (2) insufficient information on program performance
        seriously disadvantages Federal managers in their efforts to
        improve program efficiency and effectiveness;
            (3) congressional policy making, spending decisions, and
        program oversight are handicapped by insufficient attention to
        program performance and results;
            (4) programs performing similar or duplicative functions
        that exist within a single agency or across multiple agencies
        should be identified and their performance and results shared
        among all such programs to improve their performance and
        results;
            (5) advocates of good government continue to seek ways to
        improve accountability, focus on results, and integrate the
        performance of programs with decisions about budgets;
            (6) with the passage of the Government Performance and
        Results Act of 1993, the Congress directed the executive branch
        to seek improvements in the effectiveness, efficiency, and
        accountability of Federal programs by having agencies focus on
        program results; and
            (7) the Government Performance and Results Act of 1993
        provided a strong framework for the executive branch to monitor
        the long-term goals and annual performance of its departments
        and agencies.

SEC. 3. PURPOSE.

    The purposes of this Act are--
            (1) to improve the Government Performance and Results Act
        of 1993 by implementing a program assessment and evaluation
        process that attempts to determine the strengths and weaknesses
        of Federal programs with a particular focus on the results
        produced by individual programs;
            (2) to use the information gathered in the assessment and
        evaluation process to build on the groundwork laid in the
        Government Performance and Results Act of 1993 to help the
        executive branch make informed management decisions and
        evidence-based funding requests aimed at achieving positive
        results; and
            (3) to provide congressional policy makers the information
        needed to conduct more effective oversight, to make better-
        informed authorization decisions, and to make more evidence-
        based spending decisions that achieve positive results for the
        American people.

SEC. 4. PROGRAM ASSESSMENT.

    (a) Requirement for Program Assessments.--Chapter 11 of title 31,
United States Code, as amended by the Government Performance and
Results Act of 1993, is amended by adding at the end the following new
section:
``Sec. 1120. Program assessment
    ``(a) Assessment.--The Director of the Office of Management and
Budget to the maximum extent practicable shall conduct, jointly with
agencies of the Federal Government, an assessment of each program at
least once every 5 fiscal years.
    ``(b) Assessment Requirements.--In conducting an assessment of a
program under subsection (a), the Director of the Office of Management
and Budget and the head of the relevant agency shall--
            ``(1) coordinate to determine the programs to be assessed;
        and
            ``(2) evaluate the purpose, design, strategic plan,
        management, and results of the program, and such other matters
        as the Director considers appropriate.
    ``(c) Criteria for Identifying Programs to Assess.--The Director of
the Office of Management and Budget shall develop criteria for
identifying programs to be assessed each fiscal year. In developing the
criteria, the Director shall take into account the advantages of
assessing during the same fiscal year any programs that are performing
similar functions, have similar purposes, or share common goals, such
as those contained in strategic plans under section 306 of title 5. To
the maximum extent possible, the Director shall assess a representative
sample of Federal spending each fiscal year.
    ``(d) Criteria for More Frequent Assessments.--The Director of the
Office of Management and Budget shall make every effort to assess
programs more frequently than required under subsection (a) in cases in
which programs are determined to be of higher priority, special
circumstances exist, improvements have been made, or the head of the
relevant agency and the Director determine that more frequent
assessment is warranted.
    ``(e) Publication.--At least 90 days before completing the
assessments under this section to be conducted during a fiscal year,
the Director of the Office of Management and Budget shall--
            ``(1) make available in electronic form through the Office
        of Management and Budget website or any successor website, and
        provide to the Committee on Government Reform of the House of
        Representatives and the Committee on Governmental Affairs of
        the Senate--
                    ``(A) a list of the programs to be assessed during
                that fiscal year; and
                    ``(B) the criteria that will be used to assess the
                programs; and
            ``(2) provide a mechanism for interested persons to comment
        on the programs being assessed and the criteria that will be
        used to assess the programs.
    ``(f) Report.--(1) The results of the assessments conducted during
a fiscal year shall be submitted in a report to Congress at the same
time that the President submits the next budget under section 1105 of
this title after the end of that fiscal year.
    ``(2) The report shall--
            ``(A) include the performance goals for each program
        assessment;
            ``(B) specify the criteria used for each assessment;
            ``(C) describe the results of each assessment, including
        any significant limitation in the assessments;
            ``(D) describe significant modifications to the Federal
        Government performance plan required under section 1105(a)(28)
        of this title made as a result of the assessments; and
            ``(E) be available in electronic form through the Office of
        Management and Budget website or any successor website.
    ``(g) Classified Information.--(1) With respect to program
assessments conducted during a fiscal year that contain classified
information, the President shall submit on the same date as the report
is submitted under subsection (f)--
            ``(A) a copy of each such assessment (including the
        classified information), to the appropriate committees of
        jurisdiction of the House of Representatives and the Senate;
        and
            ``(B) consistent with statutory law governing the
        disclosure of classified information, an appendix containing a
        list of each such assessment and the committees to which a copy
        of the assessment was submitted under subparagraph (A), to the
        Committee on Government Reform of the House of Representatives
        and the Committee on Governmental Affairs of the Senate.
    ``(2) Upon request from the Committee on Government Reform of the
House of Representatives or the Committee on Governmental Affairs of
the Senate, the Director of the Office of Management and Budget shall,
consistent with statutory law governing the disclosure of classified
information, provide to the Committee a copy of--
            ``(A) any assessment described in subparagraph (A) of
        paragraph (1) (including any assessment not listed in any
        appendix submitted under subparagraph (B) of such paragraph);
        and
            ``(B) any appendix described in subparagraph (B) of
        paragraph (1).
    ``(3) In this subsection, the term `classified information' refers
to matters described in section 552(b)(1)(A) of title 5.
    ``(h) Inherently Governmental Functions.--The functions and
activities authorized or required by this section shall be considered
inherently Governmental functions and shall be performed only by
Federal employees.
    ``(i) Termination.--This section shall not be in effect after
September 30, 2013.''.
    (b) Guidance.--Not later than 6 months after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall prescribe guidance to implement the requirements of
section 1120 of title 31, United States Code, as added by subsection
(a), including guidance on a definition of the term ``program''.
    (c) Conforming and Clerical Amendments.--
            (1) Section 1115(g) of title 31, United States Code, is
        amended by striking ``1119'' and inserting ``1120''.
            (2) The table of sections at the beginning of chapter 11 of
        title 31, United States Code, is amended by adding at the end
        the following:

``1120. Program assessment.''.

SEC. 5. STRATEGIC PLANNING AMENDMENTS.

    (a) Change in Deadline for Strategic Plan.--Subsection (a) of
section 306 of title 5, United States Code, is amended by striking ``No
later than September 30, 1997,'' and inserting ``Not later than
September 30 of each year following a year in which an election for
President occurs, beginning with September 30, 2005,''.
    (b) Change in Period of Coverage of Strategic Plan.--Subsection (b)
of section 306 of title 5, United States Code, is amended to read as
follows:
    ``(b) Each strategic plan shall cover the 4-year period beginning
on October 1 of the year following a year in which an election for
President occurs.''.

Output:
Program Assessment and Results Act - Amends the Federal law provisions concerning the budget and fiscal, budget, and program information to require the Director of the Office of Management and Budget to assess, jointly with Federal agencies, each program of such agencies at least once every five fiscal years. Instructs the Director to develop criteria for identifying programs to be assessed each fiscal year.

Requires the results of such assessments to be submitted in a report to Congress at the same time the President submits the next Federal budget.

Sunsets the above provisions after September 30, 2013.

Requires the head of each agency to submit to the Director of the Office of Management and Budget and to the Congress a strategic plan for program activities not later than September 30 of each year following a year in which an election for President occurs, beginning September 30, 2005.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Torture Victims Protection Act of
1998''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The American people abhor torture by any government or
        person. The existence of torture creates a climate of fear and
        international insecurity that affects all people.
            (2) Torture is the deliberate mental and physical damage
        caused by governments to individuals to destroy individual
        personality and terrorize society. The effects of torture are
        long term. Those effects can last a lifetime for the survivors
        and affect future generations.
            (3) By eliminating leadership of their opposition and
        frightening the general public, repressive governments often
        use torture as a weapon against democracy.
            (4) Torture survivors remain under physical and
        psychological threats, especially in communities where the
        perpetrators are not brought to justice. In many nations, even
        those who treat torture survivors are threatened with
        reprisals, including torture, for carrying out their ethical
        duty to provide care. Both the survivors of torture and their
        treatment providers should be accorded protection from further
        repression.
            (5) A significant number of refugees and asylees entering
        the United States have been victims of torture. Those claiming
        asylum deserve prompt consideration of their applications for
        political asylum to minimize the insecurity and sense of
        danger. Many torture survivors now live in the United States.
        They should be provided with the rehabilitation services which
        would enable them to become productive members of our
        communities.
            (6) The development of a treatment movement for torture
        survivors has created new opportunities for action by the
        United States and other nations to oppose state-sponsored and
        other acts of torture.
            (7) There is a need for a comprehensive strategy to protect
        and support torture victims and their treatment providers,
        together with overall efforts to eliminate torture.
            (8) By acting to heal the survivors of torture and protect
        their families, the United States can help to heal the effects
        of torture and prevent its use around the world.
            (9) The United States became a party to the Convention
        Against Torture and Other Cruel, Inhuman, or Degrading
        Treatment or Punishment on November 20, 1994, but has not
        enacted legislation to implement Article 3 of the Convention.

SEC. 3. DEFINITIONS.

    (a) In General.--Except as otherwise provided, the terms used in
this Act have the meanings given those terms in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)).
    (b) Torture.--The term ``torture'' has the meaning given the term
in section 2340(1) of title 18, United States Code, and includes the
use of rape and other forms of sexual violence by a person acting under
the color of law upon another person under his custody or physical
control.

SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION
              TO TORTURE.

    (a) Prohibition.--Notwithstanding any other provision of law, the
United States shall not expel, remove, extradite, or otherwise return
involuntarily an individual to a country if there is substantial
evidence that a reasonable person in the circumstances of that
individual would fear subjection to torture in that country.
    (b) Definition.--For purposes of this section, the term ``to return
involuntarily'', in the case of an individual, means--
            (1) to return the individual without the individual's
        consent, whether or not the return is induced by physical force
        and whether or not the person is physically present in the
        United States; or
            (2) to take an action by which it is reasonably foreseeable
        that the individual will be returned, whether or not the return
        is induced by physical force and whether or not the person is
        physically present in the United States.

SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS.

    (a) Covered Aliens.--An alien described in this section is any
alien who presents a claim of having been subjected to torture, or whom
there is reason to believe has been subjected to torture.
    (b) Consideration of the Effects of Torture.--In considering an
application by an alien described in subsection (a) for refugee status
under section 207 of the Immigration and Nationality Act, asylum under
section 208 of that Act, or withholding of removal under section
241(b)(3) of that Act, the appropriate officials shall take into
account--
            (1) the manner in which the effects of torture might affect
        the applicant's responses in the application and in the
        interview process or other immigration proceedings, as the case
        may be;
            (2) the difficulties torture victims often have in
        recounting their suffering under torture; and
            (3) the fear victims have of returning to their country of
        nationality where, even if torture is no longer practiced or
        the incidence of torture is reduced, their torturers may have
        gone unpunished and may remain in positions of authority.
    (c) Expedited Processing of Refugee Admissions.--For purposes of
section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)), refugees who have been subjected to torture shall be
considered to the refugees of special humanitarian concern to the
United States and shall be accorded priority for resettlement at least
as high as that accorded any other group of refugees.
    (d) Processing for Asylum and Withholding of Removal.--Section
235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C.
1225(b)(1)(A)) is amended by adding at the end the following new
clause:
                            ``(iv) Special procedures for aliens who
                        are the victims of torture.--
                                    ``(I) Expedited procedures.--With
                                the consent of the alien, an asylum
                                officer or immigration judge shall
                                expedite the scheduling of an asylum
                                interview or a removal proceeding for
                                any alien who presents a claim of
                                having been subjected to torture,
                                unless the evidence indicates that a
                                delay in making a determination
                                regarding the granting of asylum under
                                section 208 of the Immigration and
                                Nationality Act or the withholding of
                                removal under section 241(b)(3) of that
                                Act with respect to the alien would not
                                aggravate the physical or psychological
                                effects of torture upon the alien.
                                    ``(II) Delay of proceedings.--With
                                the consent of the alien, an asylum
                                officer or immigration judge shall
                                postpone an asylum interview or a
                                removal proceeding for any alien who
                                presents a claim of having been
                                subjected to torture, if the evidence
                                indicates that, as a result of the
                                alien's mental or physical symptoms
                                resulting from torture, including the
                                alien's inability to recall or relate
                                the events of the torture, the alien
                                will require more time to recover or be
                                treated before being required to
                                testify.''.
    (c) Parole in Lieu of Detention.--The finding that an alien is a
person described in subsection (a) shall be a strong presumptive basis
for a grant of parole, under section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)), in lieu of detention.
    (f) Exemption From Expedited Removal.--Section 235(b)(1)(F) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended by
inserting before the period at the end the following: ``, or to an
alien described in section 5(a) of the Torture Victims Relief Act''.
    (g) Sense of Congress.--It is the sense of Congress that the
Attorney General should allocate resources sufficient to maintain in
the Resource Information Center of the Immigration and Naturalization
Service current information relating to the use of torture in foreign
countries.

SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM
              PERSONNEL.

    (a) In General.--The Attorney General shall provide training for
immigration inspectors and examiners, immigration officers, asylum
officers, immigration judges, and all other relevant officials of the
Department of Justice, and the Secretary of State shall provide
training for consular officers, with respect to--
            (1) the identification of torture;
            (2) the identification of the surrounding circumstances in
        which torture is most often practiced;
            (3) the long-term effects of torture upon a victim;
            (4) the identification of the physical, cognitive, and
        emotional effects of torture, and the manner in which these
        effects can affect the interview or hearing process; and
            (5) the manner of interviewing victims of torture so as not
        to retraumatize them, eliciting the necessary information to
        document the torture experience, and understanding the
        difficulties victims often have in recounting their torture
        experience.
    (b) Gender-Related Considerations.--In conducting training under
subsection (a) (4) or (5), gender-specific training shall be provided
on the subject on inter-acting with women and men who are victims of
torture by rape or any other form of sexual violence.

Output:
Torture Victims Protection Act of 1998 - Prohibits U.S. expulsion or extradition of an individual to a country if there is substantial evidence that such individual would be subject to torture in that country.
Establishes special procedural considerations and priorities under the Immigration and Nationality Act for alien torture victims seeking refugee or asylee status, or withholding of removal.    Expresses the sense of the Congress that the Attorney General should allocate resources to maintain in the Immigration and Naturalization Service's Resource Information Center materials on the use of torture in foreign countries.
Provides for specialized training of immigration, asylum, and consular personnel in identifying and interviewing torture victims.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dairy Producer Income Protection Act
of 2011''.

SEC. 2. MILK INCOME LOSS CONTRACT PROGRAM.

    (a) In General.--Section 1506 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8773) is amended--
            (1) in subsection (c)(3)--
                    (A) in subparagraph (A), by inserting ``and'' after
                the semicolon at the end;
                    (B) in subparagraph (B)--
                            (i) by striking ``ending August 31, 2012''
                        and inserting ``thereafter''; and
                            (ii) by striking ``; and'' and inserting a
                        period; and
                    (C) by striking subparagraph (C);
            (2) in subsection (d)--
                    (A) in the subsection heading, by striking ``for
                Feed Prices''; and
                    (B) by adding at the end the following:
            ``(4) Payment rate adjustments.--
                    ``(A) In general.--Subject to paragraphs (1)
                through (3), for each of fiscal years 2012 through
                2015, the amount specified in subsection (c)(2)(A) used
                to determine the payment rate for the fiscal year shall
                be the payment rate for the preceding fiscal year, as
                adjusted to reflect changes for the 12-month period
                ending the preceding November 30 in the Consumer Price
                Index for All Urban Consumers published by the Bureau
                of Labor Statistics of the Department of Labor.
                    ``(B) Termination of authority.--Effective
                beginning in fiscal year 2016, the authority for the
                adjustment described in subparagraph (A) shall
                terminate.'';
            (3) in subsection (e)(2)(A)--
                    (A) in clause (i), by inserting ``and'' after the
                semicolon at the end;
                    (B) in clause (ii)--
                            (i) by striking ``for the period'' and all
                        that follows through ``2012'' and inserting
                        ``effective beginning October 1, 2008''; and
                            (ii) by striking ``; and'' and inserting a
                        period; and
                    (C) by striking clause (iii); and
            (4) in subsections (g) and (h)(1), by striking ``September
        30, 2012'' each place it appears and inserting ``September 30,
        2017''.
    (b) Offsets.--
            (1) Repeal of permanent price support authority for milk.--
                    (A) In general.--Section 201 of the Agricultural
                Act of 1949 (7 U.S.C. 1446) is amended--
                            (i) in subsection (a), by striking
                        ``milk,''; and
                            (ii) by striking subsections (c) and (d).
                    (B) Conforming amendment.--Section 301 of the
                Agricultural Act of 1949 (7 U.S.C. 1447) is amended by
                inserting ``(other than milk)'' after ``agricultural
                commodity''.
            (2) Repeal of dairy product price support program.--Section
        1501 of the Food, Conservation, and Energy Act of 2008 (7
        U.S.C. 8771) is repealed.
            (3) Repeal of dairy export incentive program.--
                    (A) In general.--Section 153 of the Food Security
                Act of 1985 (15 U.S.C. 713a-14) is repealed.
                    (B) Conforming amendments.--Section 902(2) of the
                Trade Sanctions Reform and Export Enhancement Act of
                2000 (22 U.S.C. 7201(2)) is amended--
                            (i) by striking subparagraph (D); and
                            (ii) by redesignating subparagraphs (E) and
                        (F) as subparagraphs (D) and (E), respectively.

SEC. 3. FEDERAL MILK MARKETING REFORM.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall conduct
hearings to assess the implications of transitioning Federal milk
marketing orders from end-product pricing to a competitive pay pricing
system.
    (b) Requirements.--In conducting hearings under this section, the
Secretary shall--
            (1) ensure that market administrators conduct a thorough
        analysis of the reforms to the Federal milk marketing orders
        proposed by the Maine Dairy Industry Advisory Council and the
        reforms included in title II of the Dairy Security Act of 2011;
            (2) analyze the implications of transitioning from a 4-
        class system for milk products to a 2-class system;
            (3) explore methods to improve signals for price discovery
        in the short- and long-term to allow dairy producers to better
        use risk management tools;
            (4) assess whether a 2-class competitive pay pricing system
        for milk products would be more or less transparent than the
        system in effect as of the day before the date of enactment of
        this Act; and
            (5) analyze the impact of eliminating a minimum regulated
        price on price volatility in dairy markets.

SEC. 4. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage.

Output:
Dairy Producer Income Protection Act of 2011 - Amends the Food, Conservation, and Energy Act of 2008 to extend the milk income loss contract program.

 Revises payment, feed cost adjustment, and payment quantity (pound) calculations.

Eliminates: (1) milk price supports, (2) dairy product price supports, and (3) the dairy export incentive program.

Directs the Secretary of Agriculture (USDA) to conduct hearings to assess the implications of transitioning federal milk marketing orders from end-product pricing to a competitive pay pricing system.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Access to Justice for Victims
of Gun Violence Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds as follows:
            (1) The Protection of Lawful Commerce in Arms Act (in this
        subsection referred to as the ``PLCAA'') was enacted with the
        express purpose of prohibiting ``causes of action against
        manufacturers, distributors, dealers, and importers of firearms
        or ammunition products, and their trade associations, for the
        harm solely caused by the criminal or unlawful misuse of
        firearm products or ammunition products by others when the
        product functioned as designed and intended.''.
            (2) The intent of the PLCAA was to bar a narrow category of
        lawsuits holding gun industry entities liable for damages
        solely on the basis of selling a product that was used in
        crime.
            (3) The chief sponsor of PLCAA stated during floor debate,
        ``This legislation will not bar the courthouse doors to victims
        who have been harmed by the negligence or misdeeds of anyone in
        the gun industry. . . . If manufacturers or dealers break the
        law or commit negligence, they are still liable.''.
            (4) It was not the intent of the Congress in the PLCAA to
        protect gun or ammunition manufacturers or sellers who failed
        to exercise reasonable care for health and safety in the
        design, marketing, and sale of their products.
            (5) Federal and State courts have read the PLCAA contrary
        to its intent, and dismissed civil lawsuits based on
        negligence, product defect, and other causes of action that are
        well established in statute and common law principles.
            (6) This special protection from civil liability enjoyed by
        the firearm industry is not only contrary to the congressional
        intent of the PLCAA, but also contrary to public safety, and
        unique among industries in the United States.
            (7) As Congress intended in the PLCAA, the firearm industry
        should not be held liable solely because a product they made or
        sold was used in crime, if those companies did not engage in
        negligent or otherwise tortious conduct. However, as Congress
        also intended in the PLCAA, State or Federal courts should not
        be barred from applying State common or statutory law to impose
        liability on industry participants who, through their negligent
        conduct or defective product, cause an injury in which unlawful
        activity was also a cause.
            (8) As most firearms dealers are responsible businesspeople
        who do not engage in negligent sales practices, 86 percent of
        firearms dealers sell no guns that are subsequently used in
        crimes, and 1.2 percent of firearms dealers sell 57 percent of
        crime guns, the overwhelming majority of dealers need no
        special protection from liability for damages resulting from
        the criminal use of guns.
            (9) Allowing victims of gun violence to pursue civil
        actions in State and Federal courts against the firearm
        industry on the basis of negligent behavior serves the
        interests of justice and fosters the adoption of responsible
        business practices likely to reduce the incidence of firearm
        deaths.
            (10) The Second Amendment rights of law-abiding citizens
        are not infringed by allowing State and Federal courts to
        impose generally applicable principles of civil justice law to
        negligent industry participants.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To ensure that those injured by firearms have access to
        the same civil remedies as those injured by any other product
        and are not restricted from bringing suits based on statutes
        and common law theories of liability in State and Federal
        court.
            (2) To allow plaintiffs to discover and introduce evidence,
        including gun trace evidence, into State and Federal courts
        where appropriate.

SEC. 3. EQUAL ACCESS TO CIVIL REMEDIES FOR VICTIMS OF GUN VIOLENCE.

    (a) In General.--An action against a manufacturer, seller, or trade
association for damages or relief resulting from an alleged defect or
alleged negligence with respect to a product, or conduct that would be
actionable under State common or statutory law in the absence of the
Protection of Lawful Commerce in Arms Act, shall not be dismissed by a
court on the basis that the action is for damages resulting from, or
for relief from, the criminal, unlawful, or volitional use of a
qualified product.
    (b) Definitions.--In subsection (a), the terms ``manufacturer'',
``seller'', ``trade association'', and ``qualified product'' shall have
the meanings given the terms in section 4 of the Protection of Lawful
Commerce in Arms Act.
    (c) Applicability.--Subsection (a) shall apply to actions brought
before, on, or after the date of the enactment of this Act.

SEC. 4. DISCOVERABILITY AND ADMISSIBILITY OF GUN TRACE INFORMATION IN
              CIVIL PROCEEDINGS.

    The contents of the Firearms Trace System database maintained by
the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms
and Explosives shall not be immune from legal process, shall be subject
to subpoena or other discovery, shall be admissible as evidence, and
may be used, relied on, or disclosed in any manner, and testimony or
other evidence may be permitted based on the data, on the same basis as
other information, in a civil action in any State (including the
District of Columbia) or Federal court or in an administrative
proceeding.

Output: Equal Access to Justice for Victims of Gun Violence Act - Prohibits a court from dismissing an action against a manufacturer, seller, or trade association for damages or relief resulting from an alleged defect or negligence with respect to a product, or conduct that would be actionable under state common or statutory law in the absence of the Protection of Lawful Commerce in Arms Act, on the basis that the action is for damages or relief from the criminal, unlawful, or volitional use of a qualified product. Makes the contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) subject to subpoena or other discovery and admissible as evidence. Permits such contents to be used, relied on, or disclosed, and permits testimony or other evidence to be based on the data, on the same basis as other information in a civil action in any state or federal court or in an administrative proceeding.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Trade Coordination Act''.

SEC. 2. MEMBERSHIP OF REPRESENTATIVES OF STATE TRADE PROMOTION AGENCIES
              ON TRADE PROMOTION COORDINATING COMMITTEE.

    Section 2312(d) of the Export Enhancement Act of 1988 (15 U.S.C.
4727(d)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new
        paragraph:
            ``(2) Representatives from state trade promotion
        agencies.--The TPCC shall also include 1 or more members
        appointed by the President who are representatives of State
        trade promotion agencies.''.

SEC. 3. FEDERAL AND STATE EXPORT PROMOTION COORDINATION PLAN.

    (a) In General.--The Secretary of Commerce, acting through the
Trade Promotion Coordinating Committee and in coordination with
representatives of State trade promotion agencies, shall develop a
comprehensive plan to integrate the resources and strategies of State
trade promotion agencies into the overall Federal trade promotion
program.
    (b) Matters To Be Included.--The plan required under subsection (a)
shall include the following:
            (1) A description of the role of State trade promotion
        agencies in assisting exporters.
            (2) An outline of the role of State trade promotion
        agencies and how it is different from Federal agencies located
        within or providing services within the State.
            (3) A plan on how to utilize State trade promotion agencies
        into the Federal trade promotion program.
            (4) An explanation of how Federal and State agencies will
        share information and resources.
            (5) A description of how Federal and State agencies will
        coordinate education and trade events in the United States and
        abroad.
            (6) A description of the efforts to increase efficiency and
        reduce duplication.
            (7) A clear identification of where businesses can receive
        appropriate international trade information under the plan.
    (c) Deadline.--The plan required under subsection (a) shall be
finalized and submitted to Congress not later than 12 months after the
date of the enactment of this Act.

SEC. 4. ANNUAL FEDERAL-STATE EXPORT STRATEGY.

    (a) In General.--The Secretary of Commerce, acting through the head
of the United States Commercial Service, shall develop an annual
Federal-State export strategy for each State that submits to the
Secretary of Commerce its export strategy for the upcoming calendar
year. In developing an annual Federal-State export strategy under this
subsection, the Secretary of Commerce shall take into account the
Federal and State export promotion coordination plan developed under
section 3.
    (b) Matters To Be Included.--The Federal-State export strategy
required under subsection (a) shall include the following:
            (1) The State's export strategy and economic goals.
            (2) The State's key sectors and industries of focus.
            (3) Possible foreign and domestic trade events.
            (4) Efforts to increase efficiencies and reduce
        duplication.
    (c) Report.--The Federal-State export strategy required under
subsection (a) shall be submitted to the Trade Promotion Coordinating
Committee not later than February 1 of each year.

SEC. 5. COORDINATED METRICS AND INFORMATION SHARING.

    (a) In General.--The Secretary of Commerce, in coordination with
representatives of State trade promotion agencies, shall develop a
framework to share export success information, and develop a
coordinated set of reporting metrics.
    (b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Commerce shall submit to
Congress a report that contains the framework and reporting metrics
required under subsection (a).

SEC. 6. ANNUAL SURVEY AND ANALYSIS AND REPORT UNDER NATIONAL EXPORT
              STRATEGY.

    Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727)
is amended--
            (1) in subsection (c)--
                    (A) in paragraph (5), by striking ``and'' at the
                end;
                    (B) in paragraph (6), by striking the period at the
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) in coordination with State trade promotion agencies,
        include a survey and analysis regarding the overall
        effectiveness of Federal-State coordination and export
        promotion goals on an annual basis, to further include best
        practices, recommendations to better assist small businesses,
        and other relevant matters.''; and
            (2) in subsection (f), in paragraph (1), by inserting
        ``(including implementation of the survey and analysis
        described in paragraph (7) of that subsection)'' after ``the
        implementation of such plan''.

Output: State Trade Coordination Act  Amends the Export Enhancement Act of 1988 to revise membership of the Trade Promotion Coordinating Committee (TPCC) to include one or more presidential appointees representing state trade promotion agencies. Directs the Secretary of Commerce, acting through the TPCC and in coordination with representatives of state trade promotion agencies, to develop a plan to integrate resources and strategies of state trade promotion agencies into the overall federal trade promotion program. Directs the Secretary, acting through the head of the U.S. Commercial Service, to develop an annual federal-state export strategy for goods and services for each state that submits to the Secretary its export strategy for the upcoming year. Directs the Secretary, in coordination with representatives of state trade promotion agencies, to develop a framework to share export success information, and develop a coordinated set of reporting metrics. Revises the strategic plan for federal trade promotion efforts to include an annual survey and analysis of the overall effectiveness of federal-state coordination and export promotion goals, as well as best practices, recommendations to better assist small businesses, and other relevant matters.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf Coast Restoration Act''.

SEC. 2. GULF COAST RESTORATION FUND.

    (a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the Gulf Coast Restoration Fund.
    (b) Transfers to Fund.--Notwithstanding any other provision of law,
the Secretary of the Treasury shall deposit into the Fund amounts equal
to not less than 80 percent of any amounts collected by the United
States before, on, or after the date of the enactment of this Act as
penalties, settlements, or fines under sections 309 and 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1319, 1321) in relation
to the Gulf oil spill.
    (c) Authorized Uses.--
            (1) In general.--The Fund shall be available to the Task
        Force, as provided in appropriations Acts, only for activities
        related to Gulf coast economic development, tourism promotion,
        and ecosystem restoration.
            (2) Grants to states.--
                    (A) In general.--The Task Force shall distribute
                the amounts made available for expenditure from the
                Fund to the Gulf States to be used in accordance with
                this subsection.
                    (B) Allocation among states.--The Task Force shall
                allocate the amounts to be distributed to each Gulf
                State under this paragraph such that no single Gulf
                State receives less than 5 percent, nor more than 30
                percent, of the available amounts.
                    (C) Allocation within states.--The Governor of each
                Gulf State shall allocate amounts distributed to the
                State as follows:
                            (i) Not more than 20 percent of such
                        amounts may be used by the Governor for
                        statewide economic development, tourism
                        promotion, and ecosystem restoration
                        activities.
                            (ii) Not less than 80 percent of such
                        amounts shall be distributed to local
                        governments in counties directly affected by
                        the Gulf oil spill for local economic
                        development, tourism promotion, and ecosystem
                        restoration activities.

SEC. 3. GULF COAST RESTORATION TASK FORCE.

    (a) Establishment.--There is established the Gulf Coast Restoration
Task Force.
    (b) Membership.--The Task Force shall consist of the following
members, or in the case of a Federal agency, a designee at the level of
Assistant Secretary or the equivalent:
            (1) The Secretary of the Interior.
            (2) The Secretary of Commerce.
            (3) The Secretary of the Army.
            (4) The Attorney General.
            (5) The Secretary of Homeland Security.
            (6) The Administrator of the Environmental Protection
        Agency.
            (7) The Commandant of the Coast Guard.
            (8) The Secretary of Transportation.
            (9) The Secretary of Agriculture.
            (10) The Secretary of the Navy.
            (11) Two representatives of each of the Gulf States,
        appointed by the Governor of each such State.
            (12) Two representatives, from within each of the Gulf
        States, of local governments having jurisdiction over areas
        directly affected by the Gulf oil spill, appointed by the
        Governor of each State, respectively.
    (c) Duties.--The Task Force shall administer the Fund in accordance
with section 2.

SEC. 4. REPORT.

    Not later than 180 days after receiving funds under section 2, the
Governor of each Gulf State shall submit to Congress a report
describing the use of such funds.

SEC. 5. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Ecosystem restoration.--The term ``ecosystem
        restoration'' means any projects and activities for the
        conservation, protection, or restoration of coastal areas,
        including wetlands; the mitigation of damage to fish, wildlife,
        or natural resources; the planning assistance and the
        administrative costs of complying with this section; or the
        implementation of a federally approved marine, coastal, or
        comprehensive conservation management plan.
            (2) Fund.--The term ``Fund'' means the Gulf Coast
        Restoration Fund established by section 2(a).
            (3) Gulf oil spill.--The term ``Gulf oil spill'' means the
        oil spill in the Gulf of Mexico caused by the mobile offshore
        drilling unit Deepwater Horizon that began on April 20, 2010.
            (4) Gulf states.--The term ``Gulf States'' means the States
        of Alabama, Florida, Louisiana, Mississippi, and Texas.
            (5) Task force.--The term ``Task Force'' means the Gulf
        Coast Restoration Task Force established by section 3(a).

Output:
Gulf Coast Restoration Act - Establishes in the Treasury the Gulf Coast Restoration Fund. Requires transfer into such Fund of not less than 80% of all amounts collected as federal penalties, settlements, or fines in relation to the Gulf of Mexico oil spill caused by the Deepwater Horizon drilling unit that began on April 20, 2010.

Establishes the Gulf Coast Restoration Task Force. Directs the Task Force to use the Fund for activities related to Gulf coast economic development, tourism promotion, and ecosystem restoration, by way of grants to the Gulf states of Alabama, Florida, Louisiana, Mississippi, and Texas. Prohibits any state from receiving less than 5% or more than 30% of available amounts.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Multichannel Video Competition Act
of 1998''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) In the Cable Television Consumer Protection and
        Competition Act of 1992, Congress stated its policy of
        promoting competition in cable services and making available to
        the public a diversity of views and information through cable
        television and other video media.
            (2) In the Telecommunications Act of 1996, Congress stated
        its policy of securing lower prices and higher quality service
        for American telecommunications consumers and encouraging the
        rapid deployment of new telecommunications technologies.
            (3) Notwithstanding the intent of Congress as expressed in
        the 1992 Cable Act and the 1996 Telecommunications Act, in most
        places throughout America, cable television system operators
        still do not face effective competition from other providers of
        multichannel video service.
            (4) Absent effective competition, the market power
        exercised by cable television operators enables them to raise
        the price of cable service to consumers, and to control the
        price and availability of cable programming services to other
        multichannel video service providers.
            (5) Direct Broadcast Satellite service has over 8 million
        subscribers and constitutes the most significant competitive
        alternative to cable television service. However, Direct
        Broadcast Satellite Service currently suffers from a number of
        statutory, regulatory, and technical barriers that keep it from
        being an effective competitor to cable television in the
        provision of multichannel video services. The most prominent of
        these barriers is its inability to provide subscribers with
        local television broadcast signals. Other barriers include the
        higher cost consumers must pay for equipment, installation, and
        additional equipment to receive service on additional
        television sets.
            (6) Permitting providers of direct broadcast satellite
        service to retransmit local television signals to their
        subscribers would greatly enhance the ability of direct
        broadcast satellite service to compete effectively in the
        provision of multichannel video services.
            (7) Unlike cable television systems, providers of direct
        broadcast satellite service cannot carry all local television
broadcast signals in all the local television markets they serve.
            (8) It would be in the public interest for providers of
        direct broadcast satellite service to fully comply with the
        mandatory signal carriage rules at such time as terrestrial or
        satellite-based technology enables them to do so. In the
        interim, requiring full compliance with the mandatory signal
        carriage rules would substantially harm the ability of direct
        broadcast satellite service providers to compete in the
        provision of multichannel video services and would not serve
        the public interest.
            (9) Local television broadcast licensees whose stations are
        not carried by providers of direct broadcast satellite services
        are entitled to be compensated for any demonstrable loss of
        revenue that will result.
            (10) Millions of subscribers to direct broadcast satellite
        service currently receive the signals of network-affiliated
        stations not located in these subscribers' local television
        markets. In many cases, distant network signals may be these
        subscribers' only source of network television service.
            (11) Notwithstanding the prevalence of distant network
        signals and their importance as a component of direct broadcast
        satellite service to millions of subscribers, a recent ruling
        by a federal district court will result in many subscribers
        losing these signals, regardless of whether local network
        signals are actually viewable off-air or not.
            (12) Widespread carriage of distant network stations in
        local network affiliates' markets can cause local affiliates to
        lose audience share and revenues, which would in turn harm
        their ability to serve their local community. Therefore, it
        would best serve the public interest to ensure that distant
        network stations are carried only where local network stations
        cannot be received off-air.
            (13) Abrupt termination of satellite carriers provision of
        distant network signals would deprive direct broadcast
        satellite subscribers of an important component of their
        existing satellite television service, and have a severely
        negative impact on the ability of direct broadcast satellite
        service to compete effectively in the provision of multichannel
        video services.
            (14) It is in the public interest for direct broadcast
        satellite subscribers who cannot receive acceptable over-the-
        air service from their local network-affiliated stations to
        continue to receive distant network signals for an interim
        period sufficient to permit the Federal Communications
        Commission to redefine those situations in which the permanent
        carriage of distant network signals would be appropriate.
            (15) Improving the ability of providers of direct broadcast
        service to compete effectively in the provision of multichannel
        video services by eliminating remaining statutory and
        administrative barriers to competition would be consistent with
        the intent of Congress as expressed in the terms of the 1992
        Cable Act and the 1996 Telecommunications Act.

SEC. 3. PURPOSE.

    The purpose of this Act is to promote the growth of competition in
the provision of multichannel video services by expeditiously removing
certain statutory and regulatory barriers that prevent providers of
Direct Broadcast Satellite Services from competing effectively with
cable television systems.

SEC. 4. MUST-CARRY FOR SATELLITE CARRIERS RETRANSMITTING TELEVISION
              BROADCAST SIGNALS.

    Part I of title III of the Communications Act of 1934 (47 U.S.C.
301 et seq.) is amended by adding at the end thereof the following:

``SEC. 337. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS.

    ``(a) Purpose.--The purpose of this section is to promote
competition in the provision of multichannel video services by--
            ``(1) enabling providers of direct broadcast service to
        offer their subscribers the signals of local television
        stations; and
            ``(2) accommodating, for an interim period, technical
        limitations that preclude providers of direct broadcast service
        from carrying all local signals in all local television
        markets.
    ``(b) Application of Mandatory Carriage to Satellite Carriers.--
Except as otherwise provided in this section, the mandatory carriage
provisions of section 614 of the Communications Act will apply no later
than January 1, 2002, to satellite carriers retransmitting television
broadcast signals.
    ``(c) Rulemaking Required.--Within 180 days after the date of
enactment of the Multichannel Video Competition Act of 1998, the
Commission shall adopt regulations to facilitate the provision of all
qualified local commercial and noncommercial television stations,
either through satellite or terrestrial means, by providers of direct
broadcast satellite service providing video programming.
    ``(d) Interim Requirements.--
            ``(1) Interim requirement.--Before January 1, 2002, or the
        effective date of the final regulations adopted pursuant to
        subsection (c) (if that date is earlier), a provider of direct
        broadcast satellite service providing video programming shall--
                    ``(A) carry all local television stations eligible
                for carriage; or
                    ``(B) compensate any such station not carried.
            ``(2) Compensation formula.--Within 180 days of the date of
        enactment of the Multichannel Video Competition Act of 1998,
        the Commission shall prescribe a formula to be used to
        determine the audience and revenue loss incurred by a local
        television station as a result of its noncarriage by a provider
        of direct broadcast satellite service under paragraph (1)(B),
        and procedural rules for the expeditious resolution of
        petitions requesting compensation.
            ``(3) Burden of proof.--A local television station,
        otherwise eligible for carriage, whose signal is not carried by
        a direct broadcast satellite service provider under paragraph
        (1)(B), may petition the Commission for an order directing that
        provider to pay compensation under this paragraph. In any
        proceeding on such a petition, the burden of proof shall lie
        with the petitioner.
            ``(4) Compensation limited to formula amount absent unusual
        or compelling circumstances.--The Commission may not grant
        compensation under this subsection for any projected revenue
        loss except in accordance with the formula prescribed by the
        Commission under paragraph (2) unless the Commission determines
        that unusual or compelling circumstances warrant additional
        compensation.
            ``(5) Additional compensation.--If the petitioner shows
        that the compensation determined under the formula would be
        insufficient to enable the petitioner to operate in the public
        interest, the Commission shall award additional compensation
        under this section.
            ``(6) Time limit for commission action.--The Commission
        shall issue a decision on any petition filed under paragraph
        (3) no later than 150 days after the petition is filed.
    ``(e) Good Signal Required.--A local television broadcast station
eligible for carriage under subsection (b) shall be required to bear
the costs associated with delivering a good quality signal for
retransmission by the satellite carrier.''.

SEC. 5. CARRIAGE OF DISTANT NETWORK SIGNALS BY SATELLITE CARRIERS.

    (a) Purpose.--The purpose of this section is to promote competition
in the provision of multichannel video services by enabling direct
broadcast satellite providers to offer distant network signals to
consumers in areas receiving inadequate over-the-air reception of local
television signals.
    (b) Continued Retransmission of Distant Network Signals.--
Notwithstanding any other provision of law, satellite carriers
retransmitting the signal of a distant network station to households
located within an area served by a local affiliate of the same network
and receiving service as of July 10, 1998, shall not be required to
discontinue carriage of the distant network station to such households
prior to February 28, 1999. Nothing in this subsection is intended to
modify the duration of the license granted in section 119 of title 17,
United States Code.
    (c) Rulemaking Required.--The Federal Communications Commission
shall complete a single rulemaking proceeding in which it shall rule on
any petitions or similar matters regarding the definition of unserved
areas or households. Any definition adopted by the Commission must
consist of an objective measure of a satisfactory signal obtainable by
use of generally-available off-air reception devices of the type used
by the average viewer. The Commission shall complete this rulemaking
proceeding within such time as to enable any rule change to become
effective no later than February 28, 1999.
    (d) No Remission of Penalty.--No action taken by the Commission
pursuant to subsection (c) shall indemnify any provider of direct
broadcast satellite service from any liability for any prior violation
of section 119(a)(5)(D) of title 17, United States Code, or from the
imposition of any penalty therefor.

SEC. 6. RETRANSMISSION CONSENT.

    (a) Amendments.--Section 325(b) of the Communications Act of 1934
(47 U.S.C. 325(b)) is amended--
            (1) by striking the subsection designation and paragraphs
        (1) and (2) and inserting the following:
    ``(b)(1) No cable system or other multichannel video programming
distributor shall retransmit the signal of a broadcasting station, or
any part thereof, except--
            ``(A) with the express authority of the station;
            ``(B) pursuant to section 614, in the case of a station
        electing, in accordance with this subsection, to assert the
        right to carriage under such section; or
            ``(C) pursuant to section 337, in the case of a station
        eligible, in accordance with this subsection, to assert the
        right to carriage under such section.
    ``(2) The provisions of this subsection shall not apply to--
            ``(A) retransmission of the signal of a non-commercial
        broadcasting station;
            ``(B) retransmission of the signal of a television
        broadcast station outside the station's local market by a
        satellite carrier directly to subscribers if--
                    ``(i) such station was a superstation on May 1,
                1991; and
                    ``(ii) on December 31, 1997, such station was a
                network station and its signal was retransmitted by
                satellite carriers directly to at least 500,000
                subscribers;
            ``(C) retransmission of the distant signal of a
        broadcasting station that is owned or operated by, or
        affiliated with, a broadcasting network directly to a home
        satellite antenna, if the household receiving the signal is
        located in an unserved area;
            ``(D) retransmission by a cable operator or other
        multichannel video programming distributor (other than by a
        satellite carrier direct to its subscribers) of the signal of a
        television broadcast station outside the station's local
        market, if such signal was obtained from a satellite carrier
        and--
                    ``(i) the originating station was a superstation on
                May 1, 1991; and
                    ``(ii) the originating station was a network
                station on December 31, 1997, and its signal was
                retransmitted by a satellite carrier directly to
                subscribers.''; and
            (2) by adding at the end the following new paragraph:
    ``(7) For purposes of this subsection:
            ``(1) Television broadcast station.--The term `television
        broadcast station' means a full power television broadcast
        station, but does not include a low-power or translator
        television broadcast station.
            ``(2) Broadcasting network.--The term `broadcasting
        network' means a television network in the United States which
        offers an interconnected program service on a regular basis for
        15 or more hours per week to at least 25 affiliated broadcast
        stations in 10 or more States.
            ``(3) Network station.--The term `network station' means a
        television broadcast station that is owned or operated by, or
        affiliated with, a broadcasting network.
            ``(4) Local market.--The term `local market' means the
        designated market area in which a station is located, and--
                    ``(A) for a commercial television broadcast station
                located in any of the 150 largest designated market
                areas, all commercial television broadcast stations
                licensed to a community within the same designated
                market are within the same local market;
                    ``(B) for a commercial television broadcast station
                that is located in a designated market that is not one
                of the 150 largest, the local market includes, in
                addition to all commercial television broadcast
                stations licensed to a community within the same
                designated market area, any station that is
                significantly viewed, as such term is defined in
                section 76.54 of the Commission's regulations (47
                C.F.R. 76.45); and
                    ``(C) for a noncommercial educational television
                broadcast station, the local market includes any
                station that is licensed to a community within the same
                designated market area as the noncommercial educational
                television broadcast station.
            ``(5) Designated market area.--The term `designated market
        area' means a designated market area, as determined by Nielsen
        Media Research and published in the DMA Market and Demographic
        Report.
            ``(6) Unserved area.--The term `unserved area' means a
        place that does not receive an off-air signal from a local
        network station that meets or exceeds the standards established
        by the Commission.''.
    (b) Effective Date.--The amendments made by subsection (a) are
effective January 1, 1999.

Output:
Multichannel Video Competition Act of 1998 - Amends the Communications Act of 1934 to state that the mandatory local television signal carriage provisions of such Act shall apply no later than January 1, 2002, to satellite carriers retransmitting television (TV) broadcast signals.  Directs the Federal Communications Commission (FCC) to adopt regulations to facilitate the provision of all qualified local commercial and noncommercial TV stations, either through satellite or terrestrial means, by providers of direct broadcast satellite services (DBS) providing video programming. Requires DBS providers, prior to January 1, 2001, to either carry all eligible local TV stations or compensate any station not carried. Directs the FCC to prescribe a compensation formula.  Provides procedures for such stations to petition for such compensation. Requires the payment of additional compensation when the petitioner demonstrates that the formula compensation is insufficient to allow such station to operate in the public interest.  Requires petitions to be decided within 150 days.
Requires eligible local TV stations to bear the costs of delivering a good quality signal for retransmission by the satellite carrier.
States that satellite carriers retransmitting the signal of a distant network station to households within an area served by a local affiliate of such network and receiving service as of July 10, 1998, shall not be required to discontinue carriage of the distant station prior to February 28, 1999.  Directs the FCC to complete a single rulemaking proceeding defining unserved areas or households.
Authorizes a cable system or other multichannel video programming distributor to retransmit the signal of a broadcasting station in the case of public service stations.  Authorizes the retransmission of a signal of a TV station outside the station's local market by a satellite carrier directly to subscribers if:  (1) such station was a superstation on May 1, 1991; and (2) on December 31, 1997, such station was a network station and its signal was retransmitted by satellite carriers directly to at least 500,000 subscribers. Authorizes such a retransmission if:  (1) such signal was obtained from a satellite carrier; (2) the originating station was a superstation on May 1, 1991; and (3) the originating station was a network station on December 31, 1997, and its signal was retransmitted by a satellite carrier directly to subscribers.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Supply Security Act of 2001''.

SEC. 2. AUTHORIZATION OF RESEARCH AND STUDIES.

    Section 4 of the Water Desalination Act of 1996 (42 U.S.C. 10301
note; Public Law 104-298) is amended by adding at the end the
following:
    ``(c) Tularosa Basin Desalination Facility.--
            ``(1) In general.--
                    ``(A) Technology progress plan.--
                            ``(i) In general.--Not later than 1 year
                        after the date of enactment of this subsection,
                        Sandia National Laboratories, in collaboration
                        with the Secretary of Energy and in
                        consultation with the Secretary, and using as
                        models the roles of desalination facilities
                        operated by the Federal Government and other
                        research institutions as of the date of
                        enactment of this subsection, shall develop a
                        desalination technology progress plan that
                        includes--
                                    ``(I) an overview of available
                                short-term and long-term desalination
                                technology development;
                                    ``(II) recommendations for the
                                location, siting, and configuration of
                                the facility under subparagraph (B);
                                    ``(III) an assessment of the
                                contributions that the facility could
                                make to the field of desalination; and
                                    ``(IV) recommendations concerning
                                the most effective and efficient manner
                                of carrying out subparagraph (B).
                            ``(ii) Cost-sharing requirements.--The
                        cost-sharing requirements described in sections
                        1604 and 1605 of the Wastewater and Groundwater
                        Study and Facilities Act (43 U.S.C. 390h-2,
                        390h-3) shall not apply to--
                                    ``(I) the funding of the technology
                                progress plan described in clause (i);
                                    ``(II) the facility authorized to
                                be constructed under subparagraph (B);
                                or
                                    ``(III) any research carried out by
                                Sandia National Laboratories under this
                                Act.
                    ``(B) Testing and evaluation facility.--
                            ``(i) Construction.--Not later than 3 years
                        after the date of completion of the technology
                        progress plan under subparagraph (A), the
                        Secretary of Energy, in collaboration with the
                        Secretary and in accordance with the memorandum
                        of understanding described in subparagraph (C)
                        and the technology progress plan developed
                        under subparagraph (A)(i), shall construct a
                        desalination test and evaluation facility at
                        the Tularosa Basin, located in Otero County in
                        the State of New Mexico (referred to in this
                        subsection as the `facility').
                            ``(ii) Report.--Not later than 1 year after
                        the date on which the facility begins
                        operation, the Secretary of Energy shall submit
                        to Congress a report that describes project
                        plans of, and any technological advancements
                        developed by, the facility.
                            ``(iii) Contractors.--The Secretary of
                        Energy may enter into such contracts as are
                        necessary (including contracts with other
                        Federal agencies, State agencies, educational
                        institutions, and private entities and
                        organizations) to carry out this subparagraph.
                    ``(C) Memorandum of understanding.--In carrying out
                this paragraph, the Secretary of Energy and the
                Secretary of the Interior shall enter into a memorandum
                of understanding under which the Secretary of Energy
                shall seek from the Secretary of the Interior, and the
                Secretary of the Interior shall provide to the
                Secretary of Energy, technical assistance and expertise
                in the development and construction of the facility.
            ``(2) Purposes.--The facility--
                    ``(A) shall be used--
                            ``(i) to carry out research on, and to
                        test, demonstrate, and evaluate, new
                        desalination technologies (including long-term,
                        alternative technologies that have the
                        potential for significant desalination cost
                        reductions beyond the time frame of the focus
                        of current research);
                            ``(ii) to fully evaluate the performance of
                        new technologies, including performance in--
                                    ``(I) energy consumption;
                                    ``(II) byproduct disposal; and
                                    ``(III) operational maintenance
                                costs; and
                            ``(iii) to determine the most
                        technologically-efficient and cost-efficient
                        means by which potable water may be
produced from salinated water or other water that is unsuitable for
use; and
                    ``(B) should be capable of processing at least
                100,000 gallons of water per day.
            ``(3) Collaboration; facility discretion.--
                    ``(A) Collaboration.--All research at the facility
                shall be carried out by the Secretary of Energy, in
                collaboration with the Secretary.
                    ``(B) Facility discretion.--Research described in
                paragraph (2)(A)(i) may be carried out at the facility
                or at any other laboratory facility determined to be
                suitable by Sandia National Laboratories.
            ``(4) Provision of water.--
                    ``(A) In general.--Subject to subparagraph (B), all
                desalinated water produced by the facility shall be
                provided to 1 or more communities located in Otero
                County, New Mexico, at no cost to the communities, as
                jointly determined by the Secretary of Energy and the
                Secretary.
                    ``(B) Timing; supplementary aspect.--The water
                provided under subparagraph (A) shall be--
                            ``(i) provided only after technology
                        testing demonstrates that the water is of a
                        consistent, reliable quality, as determined by
                        Sandia National Laboratories, in coordination
                        with the Secretary of Energy; and
                            ``(ii) supplementary to water provided by
                        public water systems or wells in the
                        communities.
            ``(5) Technical advisory committee.--
                    ``(A) In general.--The Secretary and the Secretary
                of Energy shall jointly establish a technical advisory
                committee to provide, under such procedures as the
                Secretary and the Secretary of Energy shall jointly
                develop, program guidance and technical assistance in
                carrying out this subsection.
                    ``(B) Composition.--
                            ``(i) In general.--The technical advisory
                        committee shall be composed of--
                                    ``(I) representatives from the
                                Department of the Interior and the
                                Department of Energy, to be appointed
                                by the Secretary and the Secretary of
                                Energy, respectively; and
                                    ``(II) such additional
                                representatives from academic
                                institutions, the private sector, other
                                Federal agencies, and educational
                                institutions, as the Secretary and the
                                Secretary of Energy, respectively,
                                determine to be appropriate.
                            ``(ii) Chairpersons.--A representative of
                        the Department of the Interior selected by the
                        Secretary and a representative of the
                        Department of Energy selected by the Secretary
                        of Energy shall serve as cochairpersons of the
                        technical advisory committee.
            ``(6) Cost sharing.--Section 7 shall not apply to this
        subsection.''.

SEC. 3. CONSULTATION; AUTHORIZATION OF APPROPRIATIONS.

    The Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public
Law 104-298) is amended--
            (1) by striking section 8;
            (2) by redesignating section 9 as section 8;
            (3) in section 8 (as redesignated by paragraph (2)), in the
        first sentence, by striking ``Army,'' and inserting ``Army and
        the Secretary of Energy,''; and
            (4) by adding at the end the following:

``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Research and Studies.--
            ``(1) In general.--There is authorized to be appropriated
        to the Secretary to carry out section 3 and section 4(c)(1)(A)
        $6,000,000 for each of fiscal years 2002 through 2008.
            ``(2) Research programs.--Of the amounts made available
        under paragraph (1)--
                    ``(A) not to exceed $1,000,000 for each fiscal year
                may be awarded, without any cost-sharing requirement,
                to institutions of higher education (including United
                States-Mexico binational research foundations and
                interuniversity research programs established by the 2
                countries) for research grants; and
                    ``(B) not less than $1,000,000 of the amount made
                available for fiscal year 2002 shall be used to carry
                out section 4(c)(1)(A).
            ``(3) Internal research.--
                    ``(A) In general.--Of the amounts made available
                under paragraph (1) to carry out section 3 for each of
                fiscal years 2002 through 2008, the Secretary may use
                not more than 25 percent for research carried out by
                the Department of the Interior.
                    ``(B) Cost sharing.--Research described in
                subparagraph (A) shall not be subject to any cost-
                sharing requirement.
    ``(b) Desalination Demonstration and Development.--
            ``(1) In general.--There is authorized to be appropriated
        to the Secretary to carry out section 4 (other than section
        4(c)) $30,000,000 for the period of fiscal years 2002 through
        2008.
            ``(2) Desalination research and development facility.--
        There is authorized to be appropriated to the Secretary of
        Energy for transfer to Sandia National Laboratories, to carry
        out section 4(c) (other than section 4(c)(1)(A)) $6,000,000 for
        each of fiscal years 2003 through 2008.''.

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Authorization of Research and Studies.--Section 3 of the Water
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is
amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1), (2), (3), (4),
                (5), (6), and (7) as subparagraphs (A), (B), (C), (D),
(E), (F), and (G), respectively, and indenting appropriately;
                    (B) by striking ``In order to'' and inserting the
                following:
            ``(1) In general.--To'';
                    (C) in the first sentence--
                            (i) by striking ``is authorized to award
                        grants and to enter into contracts,'' and
                        inserting ``may award grants and enter into
                        cooperative agreements, interagency agreements,
                        and contracts,''; and
                            (ii) by inserting ``and'' after ``financing
                        of research''; and
                    (D) by striking ``Awards'' and all that follows
                through ``include--'' and inserting the following:
            ``(2) Locations.--If the Secretary determines that it is in
        the national interest, the Secretary may carry out a program
        described in paragraph (1), in accordance with all applicable
        law, at a location outside the United States.
            ``(3) Basis for grants, agreements, and contracts.--All
        awards of grants and all cooperative agreements, interagency
        agreements, and contracts entered into under paragraph (1),
        shall be made on the basis of a competitive, merit-reviewed
        process.
            ``(4) Topics.--Research and study topics authorized by this
        section include--''; and
            (2) in subsection (c), by striking ``other facilities and
        educational institutions suitable'' and inserting the
        following: ``educational institutions, international
        organizations, international foundations, and international
        educational institutions, and other facilities suitable''.
    (b) Desalination Demonstration and Development.--Section 4 of the
Water Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-
298) is amended--
            (1) by redesignating subsection (b) as subsection (c);
            (2) by inserting after subsection (a) the following:
    ``(b) Location.--If the Secretary determines that it is in the
national interest, the Secretary may carry out the program described in
subsection (a), in accordance with all applicable law, at a location
outside the United States.''; and
            (3) in subsection (c) (as redesignated by paragraph (1)),
        by striking ``conducted through'' and all that follows through
        ``to develop'' and inserting the following: ``conducted through
        the provision of grants to, and the entering into cooperative
        agreements and contracts (including cost-sharing agreements)
        with, non-Federal public utilities, State and local
        governmental agencies, educational institutions, international
        organizations, international foundations, international
        educational institutions, and other entities, as appropriate,
        to develop''.
    (c) Cost Sharing.--Section 7 of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) is amended--
            (1) by striking the first sentence and inserting the
        following:
    ``(a) In General.--
            ``(1) All projects.--Notwithstanding any other provision of
        law, the Federal share of the cost of a research, study, or
        demonstration project or a desalination development project or
        activity carried out under this Act--
                    ``(A) except as provided in paragraph (2) and in
                section 9(a)(3)(B), shall not exceed 100 percent of the
                total cost of the project or activity; and
                    ``(B) may be paid out of--
                            ``(i) funds made available to the
                        Secretary, in an amount not to exceed 50
                        percent of the total cost of the project or
                        activity;
                            ``(ii) funds made available to 1 or more
                        other heads of Federal agencies; or
                            ``(iii) a combination of funds described in
                        clauses (i) and (ii).
            ``(2) Interior projects.--The Federal share of the cost of
        a project or activity described in paragraph (1) that is
        carried out by the Secretary shall not exceed 50 percent.'';
            (2) by striking ``A Federal contribution'' and inserting
        the following:
    ``(b) Determination of Infeasibility.--A contribution by the
Secretary described in subsection (a)(2) that is'';
            (3) by striking ``The Secretary shall prescribe'' and
        inserting the following:
    ``(c) Procedures.--The Secretary shall prescribe''; and
            (4) by striking ``Costs of operation,'' and inserting the
        following:
    ``(d) Non-Federal Responsibilities.--Costs of operation,''.
    (d) Consultation.--Section 8 of the Water Desalination Act of 1996
(42 U.S.C. 10301 note; Public Law 104-298) (as redesignated by section
3(2)) is amended to read as follows:

``SEC. 8. CONSULTATION.

    ``(a) In General.--In carrying out this Act, the Secretary shall
consult with the heads of other Federal agencies (including the
Secretary of the Army) that have experience in conducting desalination
research or operating desalination facilities.
    ``(b) International Consultation.--In a case in which the Secretary
intends to conduct an activity under this Act in accordance with
section 3(a)(2) or 4(b), the Secretary shall consult with the Secretary
of State before beginning the conduct of the activity.
    ``(c) Other Programs.--Nothing in this Act prohibits any other
agency from carrying out a program for desalination research or
operation that is authorized under any other provision of law.''.

Output: Water Supply Security Act of 2001 - Amends the Water Desalination Act of 1996 to direct Sandia National Laboratories to develop a desalination technology progress plan that includes recommendations for the location, siting, and configuration of a desalination test and evaluation facility at the Tularosa Basin located in Otero County in New Mexico. Provides for the construction of such facility by the Secretary of Energy after the completion of such plan.Requires that the facility: (1) be used to research, test, and evaluate, new desalination technologies, to fully evaluate their performance in energy consumption, byproduct disposal, and operational maintenance costs, and to determine the most technologically- and cost-efficient means by which potable water may be produced from salinated water or other water that is unsuitable for use; and (2) should be capable of processing at least 100,000 gallons of water per day. Requires all desalinated water produced by the facility to be provided, at no cost, to one or more communities in the county. Requires the Secretary of the Interior (the Secretary) and the Secretary of Energy to establish a technology advisory committee to provide program guidance and technical assistance.Authorizes appropriations for such Act for FY 2002 through 2008 for research and studies, for the desalination technology progress plan, and for the desalination demonstration and development program. Authorizes the Secretary to carry out such research or such program at a location outside the United States upon determining it is in the nation interest and after consulting the Secretary of State. Revises Federal cost share provisions for projects and activities under such Act.