Input:
SECTION 1. SHORT TITLE AND REFERENCE.

    (a) Short Title.--This Act may be cited as the ``Paycheck Fairness
Act ''.
    (b) Reference.--Whenever in this Act (other than in section 8) an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Fair Labor Standards Act
of 1938.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Women have entered the workforce in record numbers.
            (2) Even in the 21st century, women earn significantly
        lower pay than men for work on jobs that require equal skill,
        effort, and responsibility and that are performed under similar
        working conditions. These pay disparities exist in both the
        private and governmental sectors. In many instances, the pay
        disparities can only be due to continued intentional
        discrimination or the lingering effects of past discrimination.
            (3) The existence of such pay disparities--
                    (A) depresses the wages of working families who
                rely on the wages of all members of the family to make
                ends meet;
                    (B) prevents the optimum utilization of available
                labor resources;
                    (C) has been spread and perpetuated, through
                commerce and the channels and instrumentalities of
                commerce, among the workers of the several States;
                    (D) burdens commerce and the free flow of goods in
                commerce;
                    (E) constitutes an unfair method of competition in
                commerce;
                    (F) leads to labor disputes burdening and
                obstructing commerce and the free flow of goods in
                commerce;
                    (G) interferes with the orderly and fair marketing
                of goods in commerce; and
                    (H) in many instances, may deprive workers of equal
                protection on the basis of sex in violation of the 5th
                and 14th amendments to the United States Constitution.
            (4)(A) Artificial barriers to the elimination of
        discrimination in the payment of wages on the basis of sex
        continue to exist even decades after the enactment of the Fair
        Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the
        Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.).
            (B) Elimination of such barriers would have positive
        effects, including--
                    (i) providing a solution to problems in the economy
                created by unfair pay disparities;
                    (ii) substantially reducing the number of working
                women earning unfairly low wages, thereby reducing the
                dependence on public assistance; and
                    (iii) promoting stable families by enabling all
                family members to earn a fair rate of pay;
                    (iv) remedying the effects of past discrimination
                on the basis of sex and ensuring that in the future
                workers are afforded equal protection on the basis of
                sex; and
                    (v) in the private sector, ensuring equal
                protection pursuant to Congress' power to enforce the
                5th and 14th amendments to the United States
                Constitution.
            (5) With increased information about the provisions added
        by the Equal Pay Act of 1963 (29 U.S.C. 206) and generalized
        wage data, along with more effective remedies, women will be
        better able to recognize and enforce their rights to equal pay
        for work on jobs that require equal skill, effort, and
        responsibility and that are performed under similar working
        conditions.
            (6) Certain employers have already made great strides in
        eradicating unfair pay disparities in the workplace and their
        achievements should be recognized.

SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.

    (a) Required Demonstration for Affirmative Defense.--Section
6(d)(1) (29 U.S.C. 206(d)(1)) is amended--
            (1) by inserting ``(A)'' after ``(d)(1)''; and
            (2) by striking ``(iv) a differential'' and all that
        follows through the period and inserting the following: ``(iv)
        a differential based on a bona fide factor other than sex, such
        as education, training, or experience, except that this clause
        shall apply only if--
            ``(I) the employer demonstrates that--
                    ``(aa) such factor--
                            ``(AA) is job-related with respect to the
                        position in question; or
                            ``(BB) furthers a legitimate business
                        purpose, except that this item shall not apply
                        where the employee demonstrates that an
                        alternative employment practice exists that
                        would serve the same business purpose without
                        producing such differential and that the
                        employer has refused to adopt such alternative
                        practice; and
                    ``(bb) such factor was actually applied and used
                reasonably in light of the asserted justification; and
            ``(II) if the employer makes the demonstration described in
        subclause (I), the employee fails to demonstrate that the
        differential produced by the reliance of the employer on the
        factor described in such subclause is the result of
        discrimination on the basis of sex by the employer.
    ``(B) An employer that is not otherwise in compliance with this
paragraph may not reduce the wages of any employee in order to achieve
such compliance.''.
    (b) Application of Provisions.--Section 6(d) (29 U.S.C. 206(d)) is
amended by adding at the end the following:
    ``(5) The provisions of this subsection shall apply to applicants
for employment if such applicants, upon employment by the employer
applied to, would be subject to any other subsection of this
section.''.
    (c) Elimination of Establishment Requirement.--Section 6(d)(1) (29
U.S.C. 206(d)(1)) is amended--
            (1) by striking ``, within any establishment in which such
        employees are employed,''; and
            (2) by striking ``such establishment'' each place it
        appears.
    (d) Nonretaliation Provision.--Section 15(a)(3) (29 U.S.C.
215(a)(3)) is amended--
            (1) by striking ``employee'' the first place it appears and
        inserting ``employee (or applicant for employment in the case
        of an applicant described in section 6(d)(5))'';
            (2) by inserting ``(or applicant)'' after ``employee'' the
        second place it appears;
            (3) by striking ``or has'' each place it appears and
        inserting ``has''; and
            (4) by inserting before the semicolon the following: ``,
        has inquired about, discussed, or otherwise disclosed the wages
        of the employee or another employee, or because the employee
        (or applicant) has made a charge, testified, assisted, or
        participated in any manner in an investigation, proceeding,
        hearing, or action under section 6(d)''.
    (e) Enhanced Penalties.--Section 16(b) (29 U.S.C. 216(b)) is
amended--
            (1) by inserting after the first sentence the following:
        ``Any employer who violates section 6(d) shall additionally be
        liable for such compensatory or punitive damages as may be
        appropriate, except that the United States shall not be liable
        for punitive damages.'';
            (2) in the sentence beginning ``An action to'', by striking
        ``either of the preceding sentences'' and inserting ``any of
        the preceding sentences of this subsection'';
            (3) in the sentence beginning ``No employees shall'', by
        striking ``No employees'' and inserting ``Except with respect
        to class actions brought to enforce section 6(d), no
        employee'';
            (4) by inserting after the sentence referred to in
        paragraph (3) the following: ``Notwithstanding any other
        provision of Federal law, any action brought to enforce section
        6(d) may be maintained as a class action as provided by the
        Federal Rules of Civil Procedure.''; and
            (5) in the sentence beginning ``The court in''--
                    (A) by striking ``in such action'' and inserting
                ``in any action brought to recover the liability
                prescribed in any of the preceding sentences of this
                subsection''; and
                    (B) by inserting before the period the following:
                ``, including expert fees''.
    (f) Action by Secretary.--Section 16(c) (29 U.S.C. 216(c)) is
amended--
            (1) in the first sentence--
                    (A) by inserting ``or, in the case of a violation
                of section 6(d), additional compensatory or punitive
                damages,'' before ``and the agreement''; and
                    (B) by inserting before the period the following:
                ``, or such compensatory or punitive damages, as
                appropriate'';
            (2) in the second sentence, by inserting before the period
        the following: ``and, in the case of a violation of section
        6(d), additional compensatory or punitive damages'';
            (3) in the third sentence, by striking ``the first
        sentence'' and inserting ``the first or second sentence''; and
            (4) in the last sentence--
                    (A) by striking ``commenced in the case'' and
                inserting ``commenced--
            ``(1) in the case'';
                    (B) by striking the period and inserting ``: or'';
                and
                    (C) by adding at the end the following:
            ``(2) in the case of a class action brought to enforce
        section 6(d), on the date on which the individual becomes a
        party plaintiff to the class action.''.

SEC. 4. TRAINING.

    The Equal Employment Opportunity Commission and the Office of
Federal Contract Compliance Programs, subject to the availability of
funds appropriated under section 9(b), shall provide training to
Commission employees and affected individuals and entities on matters
involving discrimination in the payment of wages.

SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.

    The Secretary of Labor shall conduct studies and provide
information to employers, labor organizations, and the general public
concerning the means available to eliminate pay disparities between men
and women, including--
            (1) conducting and promoting research to develop the means
        to correct expeditiously the conditions leading to the pay
        disparities;
            (2) publishing and otherwise making available to employers,
        labor organizations, professional associations, educational
        institutions, the media, and the general public the findings
        resulting from studies and other materials relating to
        eliminating the pay disparities;
            (3) sponsoring and assisting State and community
        informational and educational programs;
            (4) providing information to employers, labor
        organizations, professional associations, and other interested
        persons on the means of eliminating the pay disparities;
            (5) recognizing and promoting the achievements of
        employers, labor organizations, and professional associations
        that have worked to eliminate the pay disparities; and
            (6) convening a national summit to discuss and consider
        approaches for rectifying the pay disparities.

SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM.

    (a) Guidelines.--
            (1) In general.--The Secretary of Labor shall develop
        guidelines to enable employers to evaluate job categories based
        on objective criteria such as educational requirements, skill
        requirements, independence, working conditions, and
        responsibility, including decisionmaking responsibility and de
        facto supervisory responsibility.
            (2) Use.--The guidelines developed under paragraph (1)
        shall be designed to enable employers voluntarily to compare
        wages paid for different jobs to determine if the pay scales
        involved adequately and fairly reflect the educational
        requirements, skill requirements, independence, working
        conditions, and responsibility for each such job, with the goal
        of eliminating unfair pay disparities between occupations
        traditionally dominated by men or women.
            (3) Publication.--The guidelines developed under paragraph
        (1) shall be published in the Federal Register not later than
        180 days after the date of enactment of this Act.
    (b) Employer Recognition.--
            (1) Purpose.--It is the purpose of this subsection to
        emphasize the importance, encourage the improvement, and
        recognize the excellence of employer efforts to pay wages to
        women that reflect the real value of the contributions of such
        women to the workplace.
            (2) In general.--To carry out the purpose of this
        subsection, the Secretary of Labor shall establish a program
        under which the Secretary shall provide for the recognition of
        employers who, pursuant to a voluntary job evaluation conducted
        by the employer, adjust their wage scales using the guidelines
        developed under subsection (a) to ensure that women are paid
fairly in comparison to men, but such adjustments shall not include the
lowering of wages paid to men.
            (3) Technical assistance.--The Secretary of Labor may
        provide technical assistance to assist an employer in carrying
        out an evaluation under paragraph (2).
    (c) Rulemaking.--The Secretary of Labor may make rules to carry out
this section.

SEC. 7. ESTABLISHMENT OF NATIONAL AWARD FOR PAY EQUITY IN THE
              WORKPLACE.

    (a) In General.--There is established the Alexis Herman National
Award for Pay Equity in the Workplace, which shall be evidenced by a
medal bearing the inscription ``Alexis Herman National Award for Pay
Equity in the Workplace''. The medal shall be of such design and
materials and bear such additional inscriptions as the Secretary of
Labor may prescribe.
    (b) Criteria for Qualification.--To qualify to receive an award
under this section a business shall--
            (1) submit a written application to the Secretary of Labor,
        at such time, in such manner, and containing such information
        as the Secretary may require, including at a minimum
        information that demonstrates that the business has made a
        substantial effort to eliminate pay disparities between men and
        women, and deserves special recognition as a consequence; and
            (2) meet such additional requirements and specifications as
        the Secretary of Labor determines to be appropriate.
    (c) Making and Presentation of Award.--
            (1) Award.--After receiving recommendations from the
        Secretary of Labor, the President or the designated
        representative of the President shall annually present the
        award described in subsection (a) to businesses that meet the
        qualifications described in subsection (b).
            (2) Presentation.--The President or the designated
        representative of the President shall present the award under
        this section with such ceremonies as the President or the
        designated representative of the President determines to be
        appropriate.
    (d) Business.--In this section, the term ``business'' includes--
            (1)(A) a corporation, including a nonprofit corporation;
            (B) a partnership;
            (C) a professional association;
            (D) a labor organization; and
            (E) a business entity similar to an entity described in any
        of subparagraphs (A) through (D);
            (2) an entity carrying out an education referral program, a
        training program, such as an apprenticeship or management
        training program, or a similar program; and
            (3) an entity carrying out a joint program, formed by a
        combination of any entities described in paragraph (1) or (2).

SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT
              OPPORTUNITY COMMISSION.

    Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is
amended by adding at the end the following:
    ``(f)(1) Not later than 18 months after the date of enactment of
this subsection, the Commission shall--
            ``(A) complete a survey of the data that is currently
        available to the Federal Government relating to employee pay
        information for use in the enforcement of Federal laws
        prohibiting pay discrimination and, in consultation with other
        relevant Federal agencies, identify additional data collections
        that will enhance the enforcement of such laws; and
            ``(B) based on the results of the survey and consultations
        under subparagraph (A), make rules to provide for the
        collection of pay information data from employers as described
        by the sex, race, and national origin of employees.
    ``(2) In implementing paragraph (1), the Commission shall have as
its primary consideration the most effective and efficient means for
enhancing the enforcement of Federal laws prohibiting pay
discrimination, and shall also consider other factors, including the
imposition of burdens on employers, the frequency of required reports
(including which employers should be required to prepare reports),
appropriate protections for maintaining data confidentiality, and the
most effective format for the data collections reports.''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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

Output: Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages to: (1) add nonretaliation requirements; (2) increase penalties; and (3) authorize the Secretary of Labor to seek additional compensatory or punitive damages.Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.Directs the Secretary to provide for certain studies, information, a national summit, guidelines, awards, and assistance for employer evaluations of job categories based on objective criteria.Establishes the Alexis Herman National Award for Pay Equity in the Workplace.Amends the Civil Rights Act of 1964 to require the EEOC to collect certain pay information.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Telecommunications Improvement
Act of 1999''.

SEC. 2. ESTABLISHMENT OF OFFICE OF RURAL ADVOCACY IN THE FEDERAL
              COMMUNICATIONS COMMISSION.

    (a) Establishment.--Title I of the Communications Act of 1934 (47
U.S.C. 151 et seq.) is amended by adding at the end the following:

``SEC. 12. OFFICE OF RURAL ADVOCACY.

    ``(a) Establishment.--There shall be in the Commission an office to
be known as the `Office of of Rural Advocacy'. The office shall not be
a bureau of the Commission.
    ``(b) Head of Office.--(1) The Office shall be headed by the Rural
Advocate of the Federal Communications Commission. The Rural Advocate
shall be appointed by the President, by and with the advice and consent
of the Senate, from among citizens of the United States.
    ``(2) The Rural Advocate shall have a status and rank in the
Commission commensurate with the status and rank in the Commission of
the heads of the bureaus of the Commission.
    ``(c) Responsibilities of Office.--The responsibilities of the
Office are as follows:
            ``(1) To promote access to advanced telecommunications
        service for populations in the rural United States.
            ``(2) To develop proposals for the modification of policies
        and activities of the departments and agencies of the Federal
        Government in order to better fulfill the commitment of the
        Federal Government to universal service and access to advanced
        telecommunications services in rural areas, and submit such
        proposals to the departments and agencies.
            ``(3) To assess the effectiveness of existing Federal
        programs for providers of telecommunications services in rural
        areas, and make recommendations for legislative and non-
        legislative actions to improve such programs.
            ``(4) To measure the costs and other effects of Federal
        regulations on the capability of telecommunication carriers in
        rural areas to provide adequate telecommunications services
        (including advanced telecommunications and information
        services) in such areas, and make recommendations for
        legislative and non-legislative actions to modify such
        regulations so as to minimize the interference of such
        regulations with that capability.
            ``(5) To determine the effect of Federal tax laws on
        providers of telecommunications services in rural areas, and
        make recommendations for legislative and non-legislative
        actions to modify Federal tax laws so as to enhance the
        availability of telecommunications services in rural areas.
            ``(6) To serve as a focal point for the receipt of
        complaints, criticisms, and suggestions concerning policies and
        activities of any department or agency of the Federal
        Government which affect the receipt of telecommunications
        services in rural areas.
            ``(7) To counsel providers of telecommunications services
        in rural areas on the effective resolution of questions and
        problems in the relationships between such providers and the
        Federal Government.
            ``(8) To represent the views and interests of rural
        populations and providers of telecommunications services in
        rural areas before any department or agency of the Federal
        Government whose policies and activities affect the receipt of
        telecommunications services in rural areas.
            ``(9) To enlist the cooperation and assistance of public
        and private agencies, businesses, and other organizations in
        disseminating information about the telecommunications programs
        and services of the Federal Government which benefit rural
        populations and providers of telecommunications services in
        rural areas.
    ``(d) Staff and Powers of Office.--
            ``(1) Staff.--
                    ``(A) In general.--For purposes of carrying out the
                responsibilities of the Office under this section, the
                Rural Advocate may employ and fix the compensation of
                such personnel for the Office as the Rural Advocate
                considers appropriate.
                    ``(B) Pay.--
                            ``(i) In general.--The employment and
                        compensation of personnel under this paragraph
                        may be made without regard to the provisions of
                        title 5, United States Code, governing
                        appointments in the civil service and without
                        regard to the provisions of chapter 51 and
                        subchapter III of chapter 53 of such title
                        relating to the classification of positions and
                        General Schedule pay rates.
                            ``(ii) Maximum rate of pay.--The rate of
                        pay of personnel employed under this paragraph
                        may not exceed the rate payable for GS-15 of
                        the General Schedule.
                    ``(C) Limitation.--The total number of personnel
                employed under this paragraph may not exceed 14.
            ``(2) Temporary and intermittent services.--The Rural
        Advocate may procure temporary and intermittent services to the
        extent authorized by section 3109 of title 5, United States
        Code, for purposes of the activities of the Office under this
        section.
            ``(3) Consultation with experts.--The Rural Advocate may
        consult with individuals and entities possessing such expertise
        as the Rural Advocate considers appropriate for purposes of the
        activities of the Office under this section.
            ``(4) Hearing.--The Rural Advocate may hold hearings and
        sit and act as such times and places as the Rural Advocate
        considers appropriate for purposes of the activities of the
        Office under this section.
    ``(e) Assistance of Other Federal Departments and Agencies.--
            ``(1) In general.--Any department or agency of the Federal
        Government may, upon the request of the Rural Advocate, provide
        the Office with such information or other assistance as the
        Rural Advocate considers appropriate for purposes of the
        activities of the Office under this section.
            ``(2) Reimbursement.--Assistance may be provided the Office
        under this subsection on a reimbursable basis.
    ``(f) Reports.--
            ``(1) Annual report.--The Rural Advocate shall submit to
        Congress, the President, and the Commission on an annual basis
        a report on the activities of the Office under this section
        during the preceding year. The report may include any
        recommendations for legislative or other action that the Rural
        Advocate considers appropriate.
            ``(2) Other reports.--The Rural Advocate may submit to
        Congress, the President, the Commission, or any other
        department or agency of the Federal Government at any time a
        report containing comments on a matter within the
        responsibilities of the Office under this section.
            ``(3) Direct submittal.--The Rural Advocate may not be
        required to submit any report under this subsection to any
        department or agency of the Federal Government (including the
        Office of Management and Budget or the Commission) before its
        submittal under a provision of this subsection.''.
    (b) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
            ``Rural Advocate, Federal Communications Commission.''.
    (c) Report on Initial Activities.--Not later than 180 days after
the date of the appointment of the Rural Advocate of the Federal
Communications Commission, the Rural Advocate shall submit to Congress
a report on the actions taken by the Rural Advocate to commence
carrying out the responsibilities of the Office of Rural Advocacy of
the Federal Communications Commission under section 12 of the
Communications Act of 1934, as added by subsection (a).

Output:
Rural Telecommunications Improvement Act of 1999 - Amends the Communications Act of 1934 to establish within the Federal Communications Commission (FCC) the Office of Rural Advocacy, to be headed by the Rural Advocate of the FCC, to: (1) promote access to advanced telecommunications service for rural populations; and (2) undertake related functions and activities.
Requires: (1) annual reports (and other reports as needed) from the Rural Advocate to Congress, the President, and the FCC; and (2) an initial report from the Advocate to Congress on actions taken to carry out this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Animal Cruelty and
Torture Act'' or the ``PACT Act''.

SEC. 2. REVISION OF SECTION 48.

    (a) In General.--Section 48 of title 18, United States Code, is
amended to read as follows:
``Sec. 48. Animal crushing
    ``(a) Offenses.--
            ``(1) Crushing.--It shall be unlawful for any person to
        purposely engage in animal crushing in or affecting interstate
        or foreign commerce or within the special maritime and
        territorial jurisdiction of the United States.
            ``(2) Creation of animal crush videos.--It shall be
        unlawful for any person to knowingly create an animal crush
        video, if--
                    ``(A) the person intends or has reason to know that
                the animal crush video will be distributed in, or using
                a means or facility of, interstate or foreign commerce;
                or
                    ``(B) the animal crush video is distributed in, or
                using a means or facility of, interstate or foreign
                commerce.
            ``(3) Distribution of animal crush videos.--It shall be
        unlawful for any person to knowingly sell, market, advertise,
        exchange, or distribute an animal crush video in, or using a
        means or facility of, interstate or foreign commerce.
    ``(b) Extraterritorial Application.--This section applies to the
knowing sale, marketing, advertising, exchange, distribution, or
creation of an animal crush video outside of the United States, if--
            ``(1) the person engaging in such conduct intends or has
        reason to know that the animal crush video will be transported
        into the United States or its territories or possessions; or
            ``(2) the animal crush video is transported into the United
        States or its territories or possessions.
    ``(c) Penalties.--Whoever violates this section shall be fined
under this title, imprisoned for not more than 7 years, or both.
    ``(d) Exceptions.--
            ``(1) In general.--This section does not apply with regard
        to any conduct, or a visual depiction of that conduct, that
        is--
                    ``(A) a customary and normal veterinary,
                agricultural husbandry, or other animal management
                practice;
                    ``(B) the slaughter of animals for food;
                    ``(C) hunting, trapping, fishing, a sporting
                activity not otherwise prohibited by Federal law,
                predator control, or pest control;
                    ``(D) medical or scientific research;
                    ``(E) necessary to protect the life or property of
                a person; or
                    ``(F) performed as part of euthanizing an animal.
            ``(2)  Good-faith distribution.--This section does not
        apply to the good-faith distribution of an animal crush video
        to--
                    ``(A) a law enforcement agency; or
                    ``(B) a third party for the sole purpose of
                analysis to determine if referral to a law enforcement
                agency is appropriate.
            ``(3) Unintentional conduct.--This section does not apply
        to unintentional conduct that injures or kills an animal.
            ``(4) Consistency with rfra.--This section shall be
        enforced in a manner that is consistent with section 3 of the
        Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-1).
    ``(e) No Preemption.--Nothing in this section shall be construed to
preempt the law of any State or local subdivision thereof to protect
animals.
    ``(f) Definitions.--In this section--
            ``(1) the term `animal crushing' means actual conduct in
        which one or more living non-human mammals, birds, reptiles, or
        amphibians is purposely crushed, burned, drowned, suffocated,
        impaled, or otherwise subjected to serious bodily injury (as
        defined in section 1365 and including conduct that, if
        committed against a person and in the special maritime and
        territorial jurisdiction of the United States, would violate
        section 2241 or 2242);
            ``(2) the term `animal crush video' means any photograph,
        motion-picture film, video or digital recording, or electronic
        image that--
                    ``(A) depicts animal crushing; and
                    ``(B) is obscene; and
            ``(3) the term `euthanizing an animal' means the humane
        destruction of an animal accomplished by a method that--
                    ``(A) produces rapid unconsciousness and subsequent
                death without evidence of pain or distress; or
                    ``(B) uses anesthesia produced by an agent that
                causes painless loss of consciousness and subsequent
                death.''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 3 of title 18, United States Code, is amended by striking the
item relating to section 48 and inserting the following:

``48. Animal crushing.''.

            Passed the Senate December 10 (legislative day, December
      9), 2016.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                                S. 1831

_______________________________________________________________________

                                 AN ACT

  To revise section 48 of title 18, United States Code, and for other
                               purposes.

Output: Preventing Animal Cruelty and Torture Act or the PACT Act (Sec. 2) This bill amends the federal criminal code to revise and expand provisions with respect to animal crushing. It retains existing criminal offenses that prohibit knowingly creating or distributing an animal crush video using interstate commerce. The bill also adds a new provision to criminalize an intentional act of animal crushing. A violator is subject to criminal penalties—a fine, a prison term of up to seven years, or both. It provides additional exceptions for conduct, or a video of conduct, including conduct that is: (1) medical or scientific research, (2) necessary to protect the life or property of a person, (3) performed as part of euthanizing an animal, or (4) unintentional.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Headwaters Forest Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that:
            (1) Redwoods are a significant national symbol and a
        defining symbol of the State of California.
            (2) Old growth redwood trees are a unique and irreplaceable
        natural resource.
            (3) Most of the Nation's old growth forests have been cut.
        Less than 5 percent of the original 2,000,000 acre Coast
        redwoods remain standing. The groves that are left are crucial
        to maintain habitat needed for survival of old-growth dependent
        species. The Headwaters Forest, for example, is home to one of
        California's three largest population of marbled murrelets,
        rare sea birds that nest only in coastal old growth trees; the
        Northern Spotted Owl; and native salmon stocks that spawn in
        the Forest's creeks.
            (4) The remaining unprotected stands of old growth forests
        and old growth redwoods are under immediate threat of being
        harvested without regard to their ecological importance and
        without following Federal timber harvest guidelines.
            (5) Significant amounts of old growth redwoods in the
        proposed National Forest additions are being cut at a pace that
        is based on paying high interest rates on poor quality bonds
        and not at a pace that is based on sound forest management
        practices.
            (6) The continued fragmentation and loss of irreplaceable
        ecosystems creates an urgent need to develop creative solutions
        to achieve the long-term benefits of permanent protection and
        preservation.
    (b) Purpose.--The purpose of this Act is to provide for the sound
management and protection of old growth Redwood forest areas in
Humboldt County, California, and to preserve and enhance habitat for
the marbled murrelet, Northern Spotted owl, native salmon stocks, and
other old growth forest dependent species, by adding certain lands and
waters to the Six Rivers National Forest and by including a portion of
such lands in the national wilderness preservation system.
    (c) Definitions.--For purposes of this Act:
            (1) The terms ``Six Rivers National Forest Addition'' and
        ``Headwaters Forest'' mean the area authorized for land
        acquisition activities under section 3, as depicted on the map
        described in section 3(b)(1).
            (2) The term ``Secretary'' means the Secretary of
        Agriculture.

SEC. 3. ADDITION TO SIX RIVERS NATIONAL FOREST.

    (a) Modification of Boundaries.--Effective upon the consummation of
a land acquisition conducted as provided in subsection (b), the
Secretary of Agriculture shall modify the exterior boundaries of the
Six Rivers National Forest in the State of California to include the
acquired lands.
    (b) Acquisition of Land.--
            (1) Area for acquisition activities.--The Secretary may
        acquire lands and interests in land within the boundaries of an
        area comprising approximately 44,000 acres, as generally
        depicted on the map entitled ``Six Rivers National Forest
        Addition proposed'' and dated June 1993, for inclusion in the
        Six Rivers National Forest under subsection (a). The map shall
        be on file and available for public inspection in the offices
        of the Forest Supervisor, Six Rivers National Forest, and in
        the offices of the Chief of the Forest Service, Department of
        Agriculture.
            (2) Manner of conducting acquisition.--Lands and interests
        in lands within the Six Rivers National Forest Addition may be
        acquired by the Secretary only by donation, by purchase with
        donated or appropriated funds, or by exchange.
            (3) Special rule for federal transfers.--For purposes of
        making an exchange under paragraph (2), excess or surplus lands
        under the jurisdiction of any other department, agency, or
        instrumentality of the United States may be transferred,
        subject to the advance approval of the transfer by law, to the
        administrative jurisdiction of the Secretary if the Secretary
        identifies the lands as suitable for use in making an exchange.
        To facilitate the approval of a transfer of lands under this
        paragraph, the Secretary shall submit to the Committee on
        Agriculture and the Committee on Natural Resources of the House
        of Representatives and to the Committee on Agriculture,
        Nutrition, and Forestry of the Senate proposed legislation in
        connection with the proposed transfer. The transfer of lands
        under this paragraph shall be made without compensation to the
        transferring department, agency, or instrumentality.
            (4) Acquisition of certain lands outside addition.--When a
        tract of land proposed to be acquired is only partly within the
        Six Rivers National Forest Addition, the Secretary may acquire
        all or any portion of the land outside of the Six Rivers
        National Forest Addition to minimize the payment of severance
        costs. Land acquired outside of the boundaries may be exchanged
        by the Secretary for non-Federal lands within the boundaries.
        Land acquired outside of the boundaries of the Six Rivers
        National Forest Addition under this paragraph and not used for
        exchange shall be reported to the Administrator of the General
        Services Administration for disposal under the Federal Property
        and Administrative Services Act of 1949 (40 U.S.C. 471 et
        seq.).
            (5) Special rule for state or local government lands.--
        Lands and interests in lands within the boundaries of the Six
        Rivers National Forest Addition that are owned by the State of
        California or any political subdivision thereof, may be
        acquired only by donation or exchange.
            (6) Acceptance and use of funds.--The Secretary may accept
        from the State of California funds to cover the cost of
        acquiring lands within the Six Rivers National Forest Addition.
        Notwithstanding any other provision of law, the Secretary may
        retain and expend such funds for purposes of such acquisition.
        Such funds shall be available for such purpose without further
        appropriation and without fiscal year limitation.
    (c) Land Acquisition Plan.--The Secretary shall develop and
implement, within 6 months after the date of the enactment of this Act,
a land acquisition plan that contains specific provisions addressing
how and when lands will be acquired under subsection (b). The plan
shall give priority first to the acquisition of lands within the Six
Rivers National Forest Addition proposed for inclusion in the National
Wilderness Preservation System. The plan shall include an analysis of
the possibilities for acquisition through means other than the
expenditure of funds, including the use of excess and surplus Federal
properties. The Secretary shall identify and list these properties. The
Secretary shall submit copies of the plan to the Committee on Natural
Resources, the Committee on Agriculture, and the Committee on
Appropriations of the House of Representatives and to the Committee on
Energy and Natural Resources, the Committee on Agriculture, Nutrition,
and Forestry, and the Committee on Appropriations of the Senate.
    (d) Authorization of Appropriations; Limitation.--There are
authorized to be appropriated such sums as may be necessary to carry
out this Act; except that the total amount obligated or expended to
acquire lands or interests in lands in the Six Rivers Forest Addition
shall not exceed $200,000,000.
    (e) Termination of Acquisition Authority.--Notwithstanding any
other provision of this section, the Secretary may not acquire lands
under the authority of this section after the end of the 10-year period
beginning on the date of the enactment of this Act.
    (f) Consent of Owner Required for Acquisition.--Lands and interests
in lands within the Six Rivers National Forest Addition may not be
acquired by the Secretary for purposes of this Act without the consent
of the owner of the lands. The Secretary may not acquire lands or
interests in lands within the Six Rivers National Forest Addition by
condemnation.

SEC. 4. WILDERNESS AREAS.

    (a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131-1136), lands in the State of California acquired
under section 3 of this Act which are within the areas generally
depicted on the map referred to in section 3 as the ``Headwaters Forest
Wilderness (Proposed)'' shall be designated as wilderness and therefore
as a component of the National Wilderness Preservation System,
effective upon acquisition under section 3. Such lands shall be known
as the Headwaters Forest Wilderness.
    (b) Map and Description.--As soon as practicable after the
inclusion of any lands in the Headwaters Forest Wilderness, the
Secretary shall file a map and a legal description of the area so
included with the Committee on Natural Resources of the House of
Representatives and with the Committee on Energy and Natural Resources
of the Senate. The Secretary may correct clerical and typographical
errors in such legal description and such map. Each such map and legal
description shall be on file and available for public inspection in the
offices of the Forest Supervisor, Six Rivers National Forest, and in
the offices of the Chief of the Forest Service, Department of
Agriculture.
    (c) Buffer Zones Not Intended.--The Congress does not intend that
designation of any area as wilderness under this section lead to the
creation of protective perimeters or buffer zones around the wilderness
area. The fact that nonwilderness activities or uses can be seen or
heard from areas within a wilderness shall not, of itself, preclude
such activities or uses up to the boundary of the wilderness area.
    (d) State Authority Over Fish and Wildlife.--As provided in section
4(d)(8) of the Wilderness Act, nothing in this Act shall be construed
as affecting the jurisdiction or responsibilities of the State of
California with respect to wildlife and fish in any areas designated by
this Act as wilderness.

SEC. 5. ADMINISTRATION.

    (a) Management Plan.--Within 1 year after acquiring all or part of
the lands identified to be acquired in section 3, the Secretary shall
develop a comprehensive management plan for the acquired lands
detailing measures for the preservation of the existing old growth
redwood ecosystems. The management plan shall include each of the
following with respect to the lands so acquired:
            (1) Prohibition of the sale of timber from lands within the
        old growth redwood groves as depicted generally on the map
        referred to in section 3(b)(1). Timber sales in other areas
        within the Six Rivers National Forest Addition shall be allowed
        consistent with the purposes of this Act and other applicable
        Federal laws and regulations.
            (2) Measures to restore lands affected by previous timber
        harvests to mitigate watershed degradation and impairment of
        habitat for the marbled murrelet, northern spotted owl, native
        salmon stocks, and other old-growth forest dependent species.
The management plan shall be reviewed and revised each time the land
and resource management plan for the Six Rivers National Forest is
revised or more frequently as necessary to meet the purposes of this
Act.
    (b) Applicable Laws and Policies.--(1) The Secretary, acting
through the Chief of the Forest Service, shall administer the lands
acquired under section 3(b) in accordance with the Management Plan,
this Act, and with the other laws, rules, and regulations applicable to
such national forest. In addition, subject to valid existing rights,
any lands acquired and designated as wilderness under section 4(a)
shall also be administered in accordance with the provisions of the
Wilderness Act governing areas designated by that Act as wilderness,
except that any reference in such provisions to the effective date of
the Wilderness Act (or any similar reference) shall be deemed to be a
reference to the date of acquisition of such lands under section 3 of
this Act.
    (2) To the maximum extent practicable, all work to implement the
management plan's Restoration Measures shall be performed by unemployed
forest and timber workers, unemployed commercial fishermen, or other
unemployed persons whose livelihood depends on fishery and timber
resources.
    (3) In order to facilitate management, the Secretary, acting
through the Chief of the Forest Service may enter into agreements with
the State of California for the management of lands owned by the State
or purchased with State assistance.

SEC. 6. PAYMENTS TO LOCAL GOVERNMENT.

    (a) PILT.--Solely for purposes of payments made pursuant to chapter
69 of title 31 of the United States Code, all lands added to the Six
Rivers National Forest by this Act shall be deemed to have been
acquired for the purposes specified in section 6904(a) of such title
31.
    (b) 10-Year Payment.--(1) Subject to annual appropriations and the
provisions of subsection (c), for a period of 10 years after
acquisition by the United States of lands added to the Six Rivers
National Forest by this Act, the Secretary, with respect to such
acquired lands, shall make annual payments to Humboldt County in the
State of California in an amount equal to the State of California
Timber Yield Tax revenues payable under the California Revenue and
Taxation Code (sec. 38101 et seq.) in effect as of the date of
enactment of this Act that would have been paid with respect to such
lands if the lands had not been acquired by the United States, as
determined by the Secretary pursuant to this subsection.
    (2) The Secretary shall determine the amounts to be paid pursuant
to paragraph (1) of this subsection based on an assessment of a variety
of factors including, but not limited to--
            (A) timber actually sold in the subject year from
        comparable commercial forest lands of similar soil type, slope
        and such determination of appropriate timber harvest levels,
            (B) comparable timber size class, age, and quality,
            (C) market conditions,
            (D) all applicable Federal, State, and local laws and
        regulations, and
            (E) the goal of sustainable, even-flow harvest or renewable
        timber resources.
    (c) California Timber Yield Tax.--The amount of State of California
Timber Yield Tax payments paid to Humboldt County in any year pursuant
to the laws of California for timber sold from lands acquired under
this Act shall be deducted from the sums to be paid to Humboldt County
in that year under subsection (b).
    (d) 25-Percent Fund.--Amounts paid under subsection (b) with
respect to any land in any year shall be reduced by any amounts paid
under the Act of May 23, 1908 (16 U.S.C. 500) which are attributable to
sales from the same lands in that year.

SEC. 7. FOREST STUDY.

    The Secretary shall study the lands within the area comprising
approximately 13,620 acres and generally depicted as ``Study Area'' on
the map referred to in section 3(a). The study shall analyze the area's
potential to be added to the Headwaters Forest and shall identify the
natural resources of the area including the location of old growth
forests, old growth redwood stands, threatened and endangered species
habitat and populations including the northern spotted owl and marbled
murrelet, commercial timber volume, recreational opportunities,
wildlife and fish, watershed management, and the cost of acquiring the
land. Within one year of the date of enactment of this Act, the
Secretary shall submit a report with the findings of the study to the
Committees on Natural Resources, and Agriculture of the United States
House of Representatives and the Committees on Energy and Natural
Resources, and Agriculture, Nutrition, and Forestry of the United
States Senate.

SEC. 8. NO ADVERSE EFFECT ON LANDS UNTIL ACQUIRED.

    (a) In General.--Until the lands in the Six River National Forest
Addition are acquired under section 3, the owners of the lands and
their designees shall be entitled to the full and lawful use and
enjoyment of the lands. Nothing in this Act may be--
            (1) construed to impose any limitations upon any otherwise
        lawful use of the lands by the owners of the lands or their
        designees;
            (2) construed as authority to defer the submission, review,
        approval, or implementation of any timber harvest or similar
        plan with respect to any portion of the lands; or
            (3) construed to grant a cause of action against the owner
        of the lands or their designees.
    (b) Voluntary Deferment of Use.--The owners of lands described in
section 3 or their designees may agree of their own accord to defer
some or all lawful enjoyment and use of the land for a certain period
of time.

SEC. 9. SEARCH AND RESCUE OPERATIONS IN SIX RIVERS NATIONAL FOREST.

    As provided in section 4(c) of the Wilderness Act (16 U.S.C.
1133(c)), mechanical transport (including motor vehicles, motorized
equipment, and the landing of fixed-wing and rotary aircraft) shall be
permitted anywhere within the boundaries of the Six Rivers National
Forest with respect to any emergency involving the health or safety of
an individual within the national forests.

SEC. 10. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.

    (a) Sense of Congress.--It is the sense of the Congress that, to
the greatest extent practicable, all equipment and products purchased
with funds made available under this Act should be American-made.
    (b) Notice Requirement.--In providing payments under section 6 or
other financial assistance to, or entering into any contract with, any
entity using funds made available under this Act, the Secretary, to the
greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.

            Passed the House of Representatives September 21, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR. 2866 RFS----2

Output: Headwaters Forest Act - Requires the Secretary of Agriculture to modify the boundaries of the Six Rivers National Forest, California, to include certain lands acquired under this Act and referred to as the Six Rivers National Forest Addition. Authorizes the Secretary to acquire land, with the owner's consent, within the boundaries of the Addition by donation, by purchase, or by exchange for other excess or surplus lands under the jurisdiction of any other department, agency, or instrumentality of the United States (subject to the advance approval of the transfer of such lands by law to the administrative jurisdiction of the Secretary if the Secretary identifies the lands as suitable for use in making an exchange).  Prohibits the Secretary from acquiring such lands by condemnation.  Directs the Secretary to develop and implement a land acquisition plan giving priority to the acquisition of lands within the boundaries of the Addition.  Authorizes appropriations.  Terminates the Secretary's authority to acquire lands under this Act after the end of the ten-year period beginning on the enactment of this Act. Designates acquired lands in California which are within the Headwaters Forest Wilderness as a component of the National Wilderness Preservation System. Requires the Secretary to develop a comprehensive management plan for the acquired lands detailing measures for the preservation of the existing old growth redwood ecosystems, including:  (1) a prohibition on timber sales from lands within the old growth redwood groves in the Addition; and (2) measures to restore lands affected by previous timber harvests to mitigate watershed degradation and impairment of habitat for the marbled murrelet, northern spotted owl, native salmon stocks, and other old-growth forest dependent species. Sets forth provisions regarding payments to local governments in lieu of taxes for lands acquired under this Act. Directs the Secretary to analyze an area's potential to be added to the Addition, to identify the area's natural resources, to study the watershed management of the area and the cost of acquiring the land, and to report the results to specified congressional committees. Provides that until the lands in the Addition are acquired under this Act, the owners of the lands shall be entitled to full and lawful use and enjoyment of the lands.  Declares that nothing in this Act shall be construed:  (1) to impose any limitations upon any otherwise lawful use of the lands by the owners; (2) as authority to defer the submission, review, approval, or implementation of any timber harvest or similar plan with respect to any portion of the lands; or (3) to grant a cause of action against the owner of the lands.  Allows the owners of such lands to agree of their own accord to defer some or all lawful enjoyment and use of the land for a certain period of time. Permits mechanical transport anywhere within the boundaries of the Forest with respect to any health or safety emergency. Expresses the sense of the Congress that only American-made equipment and products should be purchased with funds made available under this Act. Requires the Secretary to notify entities of this congressional statement when providing payments under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Appalachian Communities Health
Emergency Act'' or the ``ACHE Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Communities surrounding mountaintop removal coal mining
        projects, which involve surface coal mining including blasting
        with explosives in the steep slope regions of Kentucky,
        Tennessee, West Virginia, and Virginia, have raised concerns
        that pollution of the water, air, and soil that results from
        mountaintop removal coal mining may be causing health crises in
        their communities.
            (2) Peer-reviewed scientific research and reports have
        raised serious concerns about mountaintop removal mining with
        respect to elevated risks in categories of birth defects
        studied: circulatory/respiratory, central nervous system,
        musculoskeletal, and gastrointestinal.
            (3) Mountaintop removal coal mining has also been
        associated with elevated levels of adult hospitalizations for
        chronic pulmonary disorders and hypertension that are elevated
        as a function of county-level coal production, as are rates of
        mortality; lung cancer; and chronic heart, lung, and kidney
        disease. These health problems strike both women and men in
        mountaintop removal coal mining communities. These elevated
        levels of disease, defects, and mortality persist even after
        controlling for other variables.
            (4) Initial scientific evidence, and the level of public
        concern, warrant immediate action to stop new mountaintop
        removal coal mining permits and increase environmental and
        human health monitoring at existing mountaintop removal coal
        mining projects while the reported links between health effects
        and mountaintop removal coal mining are investigated by Federal
        health agencies.
            (5) The National Institute of Environmental Health Sciences
        is uniquely qualified to manage a working group of Federal
        health agencies with expertise that is relevant to study of the
        reported links.

SEC. 3. HEALTH STUDIES.

    (a) Studies.--The Director of the National Institute of
Environmental Health Sciences, in consultation with the Administrator
of the Environmental Protection Agency and the heads of such other
Federal departments and agencies as the Director deems appropriate,
shall--
            (1) conduct or support comprehensive studies on the health
        impacts, if any, of mountaintop removal coal mining on
        individuals in the surrounding communities; and
            (2) submit to the Secretary, and make publicly available, a
        report on the results of such studies.
    (b) Determination.--Upon receipt of the report under subsection
(a)(2), the Secretary of Health and Human Services shall publish a
determination on whether mountaintop removal coal mining presents any
health risks to individuals in the surrounding communities.

SEC. 4. MOUNTAINTOP REMOVAL COAL MINING PERMIT MORATORIUM.

    Until and unless the Secretary of Health and Human Services
publishes a determination under section 3(b) concluding that
mountaintop removal coal mining does not present any health risk to
individuals in the surrounding communities, a permit or other
authorization may not be issued for any mountaintop removal coal mining
project, or for any expansion of such a project, by--
            (1) the Secretary of the Army, acting through the Chief of
        Engineers, or a State, under section 404 of the Federal Water
        Pollution Control Act (33 U.S.C. 1344);
            (2) the Administrator of the Environmental Protection
        Agency, or a State, under section 402 of the Federal Water
        Pollution Control Act (33 U.S.C. 1342); or
            (3) the Secretary of the Interior, acting through the
        Office of Surface Mining Reclamation and Enforcement, or a
        State, under the Surface Mining Control and Reclamation Act of
        1977 (30 U.S.C. 1201 et seq.).

SEC. 5. MOUNTAINTOP REMOVAL COAL MINING CONTINUOUS HEALTH AND
              ENVIRONMENTAL MONITORING.

    (a) Requirement.--Until the Secretary of Health and Human Services
publishes a determination under section 3(b)--
            (1) any person conducting a mountaintop removal coal mining
        project shall--
                    (A) conduct continuous monitoring for any pollution
                of water and air (including noise) and frequent
                monitoring of soil as a result of such project for the
                purposes of comprehensively--
                            (i) characterizing any pollution emitted
                        from the project; and
                            (ii) identifying ways in which members of
                        affected communities might be exposed to these
                        emissions; and
                    (B) submit the results of such monitoring to the
                Secretary on a monthly basis; and
            (2) the Secretary shall make such results available to the
        public through the World Wide Web in a searchable database
        format not later than 7 days after the date on which the
        Secretary receives such results.
    (b) Enforcement.--If a person conducting a mountaintop removal coal
mining project fails to conduct monitoring and submit results in
connection with such project as required by subsection (a), a permit or
other authorization may not be issued for the mountaintop removal coal
mining project, or for an expansion of such project, by--
            (1) the Secretary of the Army, acting through the Chief of
        Engineers, or a State, under section 404 of the Federal Water
        Pollution Control Act (33 U.S.C. 1344);
            (2) the Administrator of the Environmental Protection
        Agency, or a State, under section 402 of the Federal Water
        Pollution Control Act (33 U.S.C. 1342); or
            (3) the Secretary of the Interior, acting through the
        Office of Surface Mining Reclamation and Enforcement, or a
        State, under the Surface Mining Control and Reclamation Act of
        1977 (30 U.S.C. 1201 et seq.).

SEC. 6. FEE TO PAY FOR HEALTH STUDIES AND MONITORING.

    (a) Collection and Assessment.--The President, acting through the
Office of Surface Mining Reclamation and Enforcement of the Department
of the Interior, shall assess and collect from each person that, as of
the date of the enactment of this Act, is conducting a mountaintop
removal coal mining project in the United States a one-time fee in an
amount sufficient to recover the Federal cost of implementing sections
3 and 5.
    (b) Use of Fee.--Amounts received by the United States as a fee
under this section may be used, to the extent and in the amount
provided in advance in appropriations Acts, only to pay the Federal
cost of carrying out sections 3 and 5.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Mountaintop removal coal mining.--The term
        ``mountaintop removal coal mining'' means surface coal mining
        that uses blasting with explosives in the steep slope regions
        of Kentucky, Tennessee, West Virginia, and Virginia.
            (2) Steep slope.--The term ``steep slope'' has the meaning
        that term has under section 515(d)(4) of the Surface Mining
        Control and Reclamation Act of 1977 (30 U.S.C. 1265(d)(4)).

Output: Appalachian Communities Health Emergency Act or ACHE Act  Requires the Director of the National Institute of Environmental Health Sciences to conduct or support comprehensive studies on the health impacts of mountaintop removal coal mining on individuals in the surrounding communities. Directs the Secretary of Health and Human Services, upon receipt of a report on study results, to publish a determination of whether such mining presents any health risks to individuals in those communities. Defines "mountaintop removal coal mining" as surface coal mining that uses blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia. Prohibits issuance of an authorization for any mountaintop removal coal mining project (or expansion), under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) or the Surface Mining Control and Reclamation Act of 1977, until and unless the Secretary publishes a determination that such mining does not present any health risk to individuals in the surrounding communities. Imposes requirements for continuous monitoring of air, noise, and water pollution and frequent monitoring of soil until a determination by the Secretary is made. Directs the President, acting through the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior, to assess a one-time fee upon persons that conduct such mining projects, sufficient to cover the federal cost of the health studies and pollution monitoring required by this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lower Rio Grande Valley Water
Resources Conservation and Improvement Act of 2001''.

SEC. 2. ADDITIONAL PROJECT AUTHORIZATIONS.

    Section 4(a) of the Lower Rio Grande Valley Water Resources
Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat.
3067) is amended by adding at the end the following:
            ``(5) In the United Irrigation District of Hidalgo County,
        Texas, a pipeline and pumping system, as identified in the
        study conducted by Sigler, Winston, Greenwood, and Associates,
        Inc., dated January 2001.
            ``(6) In the Cameron County, Texas, Irrigation District No.
        2, proposed improvements to Canal C, as identified in the
        engineering report completed by Martin, Brown, and Perez, dated
        February 8, 2001.
            ``(7) In the Cameron County, Texas, Irrigation District No.
        2, a proposed Canal C and Canal 13 Inner Connect, as identified
        in the engineering report completed by Martin, Brown, and
        Perez, dated February 12, 2001.
            ``(8) In Delta Lake Irrigation District of Hidalgo and
        Willacy Counties, Texas, proposed water conservation projects,
        as identified in the engineering report completed by AW Blair
        Engineering, dated February 13, 2001.
            ``(9) In the Hidalgo and Cameron County, Texas, Irrigation
        District No. 9, a proposed project to salvage spill water using
        automatic control of canal gates, as identified in the
        engineering report completed by AW Blair Engineering, dated
        February 14, 2001.
            ``(10) In the Brownsville Irrigation District of Cameron
        County, Texas, a proposed main canal replacement, as identified
        in the engineering report completed by Holdar-Garcia &
        Associates, dated February 14, 2001.
            ``(11) In the Hidalgo County, Texas, Irrigation District
        No. 16, a proposed off-district pump station project, as
        identified in the engineering report completed by Melden &
        Hunt, Inc., dated February 14, 2001.
            ``(12) In the Hidalgo County, Texas, Irrigation District
        No. 1, a proposed canal replacement of the North Branch East
        Main, as identified in the engineering analysis completed by
        Melden & Hunt, Inc., dated February 2001.
            ``(13) In the Donna (Texas) Irrigation District, a proposed
        improvement project, as identified in the engineering analysis
        completed by Melden & Hunt, Inc., dated February 13, 2001.
            ``(14) In the Hudspeth County, Texas, Conservation and
        Reclamation District No. 1--
                    ``(A) the Alamo Arroyo Pumping Plant water quality
                project, as identified in the engineering report and
                drawings completed by Gebliard-Sarma and Associates,
                dated July 1996; and
                    ``(B) the construction of a 1,000 acre-foot off-
                channel regulating reservoir for the capture and
                conservation of irrigation water, as identified in the
                engineering report completed by AW Blair Engineering,
                dated March 2001.
            ``(15) In the El Paso County, Texas, Water Improvement
        District No. 1, the Riverside Canal Improvement Project Phase
        I, Reach A, a canal lining and water conservation project, as
        identified in the engineering report and drawings completed by
        AW Blair Engineering, dated November 1999.
            ``(16) In the Maverick County, Texas, Water Improvement and
        Control District No. 1, the concrete lining project of 12 miles
        of the Maverick Main Canal, as identified in the engineering
        report completed by AW Blair Engineering, dated March 2001.
            ``(17) In the Hidalgo County, Texas, Irrigation District
        No. 6, rehabilitation of 10.2 miles of concrete lining in the
        main canal between Lift Stations Nos. 2 and 3, as identified in
        the engineering report completed by AW Blair Engineering, dated
        March 2001.
            ``(18) In the Hidalgo County, Texas, Irrigation District
        No. 2, Wisconsin Canal Improvements, as identified in the
        engineering report completed by Sigler, Winston, Greenwood and
        Associates, Inc., dated February 2001.
            ``(19) In the Hidalgo County Irrigation District No. 2,
        Lateral `A' Canal Improvements, as identified in the
        engineering report completed by Sigler, Winston, Greenwood and
        Associates, Inc., dated July 25, 2001.''.

SEC. 3. ADDITIONAL AMENDMENTS.

    (a) Lower Rio Grande Water Conservation and Improvement Program.--
Section 3 of the Lower Rio Grande Valley Water Resources Conservation
and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 3065) is
amended--
            (1) in the first sentence of subsection (a), by striking
        ``The Secretary'' and all that follows through ``in
        cooperation'' and inserting ``The Secretary, acting through the
        Commissioner of Reclamation, shall carry out a program under
        cooperative agreements'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Review and Evaluation.--The Secretary shall review and
evaluate project proposals in accordance with the guidelines described
in the document published by the Bureau of Reclamation entitled
`Guidelines for Preparing and Reviewing Proposals for Water
Conservation and Improvement Projects Under Public Law 106-576', dated
June 2000.'';
            (3) in subsection (d), by inserting before the period at
        the end the following: ``, including operation, maintenance,
        repair, and replacement'';
            (4) in subsection (e), by striking ``the criteria
        established pursuant to this section'' and inserting ``the
        guidelines referred to in subsection (b)'';
            (5) by striking subsection (f) and inserting the following:
    ``(f) Report Preparation; Reimbursement.--
            ``(1) In general.--Subject to paragraph (2), project
        sponsors may choose to enter into 1 or more contracts with the
        Secretary under which the Secretary shall prepare the reports
        required under this section.
            ``(2) Federal share.--The Federal share of the cost of
        report preparation by the Secretary described in paragraph (1)
        shall not exceed 50 percent of the total cost of that
        preparation.''; and
            (6) in subsection (g), by striking ``$2,000,000'' and
        inserting ``$8,000,000''.
    (b) Lower Rio Grande Construction Authorization.--Section 4 of the
Lower Rio Grande Valley Water Resources Conservation and Improvement
Act of 2000 (Public Law 106-576; 114 Stat. 3067) is amended--
            (1) in subsection (b)--
                    (A) in the first sentence, by striking ``costs of
                any construction'' and inserting ``total project cost
                of any project''; and
                    (B) in the last sentence, by striking ``spent'' and
                inserting ``expended''; and
            (2) in subsection (c), by striking ``$10,000,000'' and
        inserting ``$47,000,000, as adjusted to reflect the change,
        relative to September 30, 2001, in the Consumer Price Index for
        all urban consumers published by the Department of Labor''.

Output: Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2001 - Amends the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to: (1) authorize the construction of additional specified projects in Texas; (2) require the Secretary of the Interior, acting through the Commissioner of Reclamation, to carry out the Lower Rio Grande Water Conservation and Improvement Program through cooperative agreements; (3) require the Secretary to review and evaluate project proposals in accordance with the guidelines described in a specified Bureau of Reclamation document; (4) require the Secretary to determine that a non-Federal project sponsor is financially capable of funding the non-Federal share of the project's costs, including operation, maintenance, repair, and replacement, and whether the project meets the guidelines; (5) permit project sponsors to enter into at least one contract with the Secretary under which the Secretary shall prepare the reports required under the Act (at a Federal cost share not to exceed 50 percent); (6) increase the authorization of appropriations for carrying out the Program; and (7) limit the non-Federal share of the total cost of any project carried out under or with assistance provided under the Act to 50 percent.


Input:
SECTION 1. AVAILABILITY OF CERTAIN AREAS FOR LEASING.

    Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended by adding at the end the following:
    ``(q) Availability of Certain Areas for Leasing.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Atlantic coastal state.--The term `Atlantic
                Coastal State' means each of the States of Maine, New
                Hampshire, Massachusetts, Connecticut, Rhode Island,
                Delaware, New York, New Jersey, Maryland, Virginia,
                North Carolina, South Carolina, Georgia, and Florida.
                    ``(B) Governor.--The term `Governor' means the
                Governor of the State.
                    ``(C) Qualified revenues.--The term `qualified
                revenues' means all rentals, royalties, bonus bids, and
                other sums due and payable to the United States from
                leases entered into on or after the date of enactment
                of this Act for natural gas exploration and extraction
                activities authorized by the Secretary under this
                subsection.
                    ``(D) State.--The term `State' means the State of
                Virginia.
            ``(2) Petition.--
                    ``(A) In general.--The Governor may submit to the
                Secretary--
                            ``(i) a petition requesting that the
                        Secretary issue leases authorizing the conduct
                        of natural gas exploration activities only to
                        ascertain the presence or absence of a natural
                        gas reserve in any area that is at least 50
                        miles beyond the coastal zone of the State; and
                            ``(ii) if a petition for exploration by the
                        State described in clause (i) has been approved
                        in accordance with paragraph (3) and the
                        geological finding of the exploration justifies
                        extraction, a second petition requesting that
                        the Secretary issue leases authorizing the
                        conduct of natural gas extraction activities in
                        any area that is at least 50 miles beyond the
                        coastal zone of the State.
                    ``(B) Contents.--In any petition under subparagraph
                (A), the Governor shall include a detailed plan of the
                proposed exploration and subsequent extraction
                activities, as applicable.
            ``(3) Action by secretary.--
                    ``(A) In general.--Subject to subparagraph (F), as
                soon as practicable after the date of receipt of a
                petition under paragraph (2), the Secretary shall
                approve or deny the petition.
                    ``(B) Requirements for exploration.--The Secretary
                shall not approve a petition submitted under paragraph
                (2)(A)(i) unless the State legislature has enacted
                legislation supporting exploration for natural gas in
                the coastal zone of the State.
                    ``(C) Requirements for extraction.--The Secretary
                shall not approve a petition submitted under paragraph
                (2)(A)(ii) unless the State legislature has enacted
                legislation supporting extraction for natural gas in
                the coastal zone of the State.
                    ``(D) Consistency with legislation.--The plan
                provided in the petition under paragraph (2)(B) shall
                be consistent with the legislation described in
                subparagraph (B) or (C), as applicable.
                    ``(E) Comments from atlantic coastal states.--On
                receipt of a petition under paragraph (2), the
                Secretary shall--
                            ``(i) provide Atlantic Coastal States with
                        an opportunity to provide to the Secretary
                        comments on the petition; and
                            ``(ii) take into consideration, but not be
                        bound by, any comments received under clause
                        (i).
                    ``(F) Conflicts with military operations.--The
                Secretary shall not approve a petition for a drilling
                activity under this paragraph if the drilling activity
                would conflict with any military operation, as
                determined by the Secretary of Defense.
            ``(4) Disposition of revenues.--Notwithstanding section 9,
        for each applicable fiscal year, the Secretary of the Treasury
        shall deposit--
                    ``(A) 50 percent of qualified revenues in a Clean
                Energy Fund in the Treasury, which shall be established
                by the Secretary; and
                    ``(B) 50 percent of qualified revenues in a special
                account in the Treasury from which the Secretary shall
                disburse--
                            ``(i) 75 percent to the State;
                            ``(ii) 12.5 percent to provide financial
                        assistance to States in accordance with section
                        6 of the Land and Water Conservation Fund Act
                        of 1965 (16 U.S.C. 460l-8), which shall be
                        considered income to the Land and Water
                        Conservation Fund for purposes of section 2 of
                        that Act (16 U.S.C. 460l-5); and
                            ``(iii) 12.5 percent to a reserve fund to
                        be used to mitigate for any environmental
                        damage that occurs as a result of extraction
                        activities authorized under this subsection,
                        regardless of whether the damage is--
                                    ``(I) reasonably foreseeable; or
                                    ``(II) caused by negligence,
                                natural disasters, or other acts.''.

Output:
Amends the Outer Continental Shelf Lands Act to authorize the governor of Virginia to petition the Secretary of the Interior for authorization to conduct natural gas exploration and extraction activities in any area that is at least 50 miles beyond the state's coastal zone.

Requires the Secretary of the Treasury to deposit into a Clean Energy Fund of 50% of all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into under this Act for natural gas exploration and extraction activities. Requires deposit of the other 50% into a special account in the Treasury from which the Secretary shall disburse: (1) 75% to the state; (2) 12.5% to provide financial assistance to states in accordance with the Land and Water Conservation Fund Act of 1965; and (3) 12.5% to a reserve fund to be used to mitigate for any environmental damage that occur as a result of extraction activities authorized under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Truth in Lending Modernization Act
of 2001''.

SEC. 2. APPLICABLE CONSUMER CREDIT AND LEASE TRANSACTIONS.

    (a) Credit Transactions.--Section 104(3) of the Consumer Credit
Protection Act (15 U.S.C. 1603(3)) is amended by striking ``$25,000''
and inserting ``$75,000''.
    (b) Lease Transactions.--Section 181(1) of the Consumer Credit
Protection Act (15 U.S.C. 1667(1)) is amended by striking ``$25,000''
and inserting ``$75,000''.

SEC. 3. AMENDMENTS RELATING TO RIGHT OF RESCISSION.

    (a) Timing of Waiver by Consumer.--Section 125(a) of the Truth in
Lending Act (15 U.S.C. 1635(a)) is amended--
            (1) by striking ``(a) Except as otherwise provided'' and
        inserting ``(a) Right Established.--
            ``(1) In general.--Except as otherwise provided''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Timing of election of waiver by consumer.--No
        election by a consumer to waive the right established under
        paragraph (1) to rescind a transaction shall be effective if--
                    ``(A) the waiver was required by the creditor as a
                condition for the transaction;
                    ``(B) the creditor advised or encouraged the
                consumer to waive such right of the consumer; or
                    ``(C) the creditor had any discussion with the
                consumer about a waiver of such right during the period
                beginning when the consumer provides written
                acknowledgement of the receipt of the disclosures and
                the delivery of forms and information required to be
                provided to the consumer under paragraph (1) and ending
                at such time as the Board determines, by regulation, to
                be appropriate.''.
    (b) Noncompliance With Requirements as Recoupment in Foreclosure
Proceeding.--Section 130(e) of the Truth in Lending Act (15 U.S.C.
1640(e)) is amended by inserting after the 2d sentence the following
new sentence: ``This subsection also does not bar a person from
asserting a rescission under section 125, in an action to collect the
debt as a defense to a judicial or nonjudicial foreclosure after the
expiration of the time periods for affirmative actions set forth in
this section and section 125.''.

SEC. 4. CIVIL LIABILITY.

    (a) In General.--Section 130(a)(2)(A) of the Consumer Credit
Protection Act (15 U.S.C. 1640(a)(2)(A)) is amended--
            (1) in clause (ii)--
                    (A) by striking ``$100'' and inserting ``$200'';
                and
                    (B) by striking ``$1,000'' and inserting
                ``$5,000''; and
            (2) in clause (iii), by striking ``$2,000'' and inserting
        ``$10,000''.
    (b) Maximum Amount.--Section 130(a)(2)(B) (15 U.S.C. 1640(a)(2)(B))
is amended by striking ``lesser of $500,000 or 1 percentum of the net
worth of the creditor'' and inserting ``the greater of--
                            ``(i) the amount determined by multiplying
                        the maximum amount of liability under
                        subparagraph (A) for such failure to comply in
                        an individual action by the number of members
                        in the certified class; or
                            ``(ii) the amount equal to 2 percent of the
                        net worth of the creditor.''.

SEC. 5. USE OF RULE OF 78S PROHIBITED.

    Section 933(b) of the Housing and Community Development Act of 1992
(15 U.S.C. 1615(b)) is amended--
            (1) by striking ``of a term exceeding 61 months''; and
            (2) by striking ``September 30, 1993'' and inserting
        ``September 30, 1999''.

SEC. 6. ACCESS TO COURT PROVISION.

    (a) In General.--Section 130(i) of the Truth in Lending Act (15
U.S.C. 1640(i)) is amended to read as follows:
    ``(i) Availability of Statutory Remedies.--
            ``(1) In general.--No provision of any agreement or
        contract between a consumer and any creditor which requires
        binding arbitration or any other nonjudicial procedure to
        resolve any controversy or settle any claim arising out of such
        contract or any transaction covered by the contract, or the
        refusal to perform the whole or any part of the transaction,
        shall be enforceable to the extent that the construction or
        application of such provision with respect to such controversy,
        claim, or refusal would deny the consumer the right to bring
        any action under this section or any other provision of this
        title for any liability of the creditor to the consumer under
        this title.
            ``(2) Rule of construction.--Paragraph (1) shall not be
        construed as creating any inference that any provision of any
        contract or agreement described in such paragraph could be
        construed so as to deny any consumer the right to bring an
        action under this title absent this subsection.''.

SEC. 7. REGULATIONS.

    Before the end of the 6-month period beginning on the date of the
enactment of this Act, the Board of Governors of the Federal Reserve
System shall issue regulations in final form to implement the
amendments made by this Act.

Output: Truth in Lending Modernization Act of 2001 - Amends the Consumer Credit Protection Act to: (1) apply consumer credit information and disclosure requirements to all credit and lease transactions involving real and personal property in which the total amount financed exceeds $75,000 (currently $25,000); and (2) increase the civil penalties for creditor violations of such requirements.Amends the Truth in Lending Act to: (1) deem ineffective any consumer waiver of the right to rescission of a transaction required (as a condition of the transaction), urged, or discussed by a creditor; and (2) deem unenforceable any contract provision which requires binding arbitration or any other nonjudicial procedure to resolve a dispute if it would deny the consumer any right to bring an action for any liability of the creditor.Amends the Housing and Community Development Act of 1992 to eliminate the Rule of 78s accounting method for calculating refunds of unearned interest on credit transactions consummated after September 30, 1999 (currently, September 30, 1993).