Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flu Protection Act of 2005''.

                TITLE I--FLU VACCINE AWARENESS CAMPAIGN

SEC. 101. AWARENESS CAMPAIGN AND EDUCATION AND OUTREACH EFFORTS.

    Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:

``SEC. 399O. AWARENESS CAMPAIGN AND EDUCATION AND OUTREACH EFFORTS.

    ``(a) Campaign.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention (in this section referred to
as the `Director'), shall conduct a public awareness campaign and
education and outreach efforts each year during the time period
preceding the influenza season on each of the following:
            ``(1) The importance of receiving the influenza vaccine.
            ``(2) Which populations the Director recommends to receive
        the influenza vaccine to prevent health complications
        associated with influenza, including health care workers and
        household contacts.
            ``(3) Professional medical education of physicians, nurses,
        pharmacists, and other health care providers and such
        providers' associated organizations.
            ``(4) Information that emphasizes the safety and benefit of
        recommended vaccines for the public good.
    ``(b) Outreach to Medicare Recipients.--
            ``(1) In general.--The Administrator of the Centers for
        Medicare & Medicaid Services shall, at the earliest possible
        time in the influenza vaccine planning and production process,
        reach out to providers of medicare services, including managed
        care providers, nursing homes, hospitals, and physician offices
        to urge early and full preordering of the influenza vaccine so
        that production levels can accommodate the needs for the
        influenza vaccine.
            ``(2) Rates of immunization among medicare recipients.--The
        Director shall work with the Administrator of the Centers for
        Medicare & Medicaid Services to publish the rates of influenza
        immunization among individuals receiving assistance under the
        medicare program under title XVIII of the Social Security Act
        (42 U.S.C. 1395 et seq.).
    ``(c) State and Public Health Adult Immunization Activities.--The
Director shall support the development of State adult immunization
programs that place emphasis on improving influenza vaccine delivery to
high-risk populations and the general population, including the
exploration of improving access to the influenza vaccine.
    ``(d) Efficacy of Vaccine.--The Director shall work with
appropriate agencies in conducting a study to assess the efficacy of
the influenza vaccine.
    ``(e) Existing Modes of Communication.--In carrying out the public
awareness campaign and education and outreach efforts under subsections
(a) and (b), the Director may use existing websites or structures for
communication.
    ``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2005 through 2009.''.

           TITLE II--ENCOURAGING VACCINE PRODUCTION CAPACITY

SEC. 201. INCENTIVES FOR THE CONSTRUCTION OF VACCINE MANUFACTURING
              FACILITIES.

    (a) Vaccine Manufacturing Facilities Investment Tax Credit.--
            (1) Allowance of credit.--Section 46 of the Internal
        Revenue Code of 1986 (relating to amount of investment credit)
        is amended by striking ``and'' at the end of paragraph (1), by
        striking the period at the end of paragraph (2) and inserting
        ``, and'', and by adding at the end the following new
        paragraph:
            ``(3) the vaccine manufacturing facilities investment
        credit.''.
            (2) Amount of credit.--Subpart E of part IV of subchapter A
        of chapter 1 of such Code (relating to rules for computing
        investment credit) is amended by inserting after section 48 the
        following new section:

``SEC. 48A. VACCINE MANUFACTURING FACILITIES CREDIT.

    ``(a) In General.--For purposes of section 46, the vaccine
manufacturing facilities investment credit for any taxable year is an
amount equal to 20 percent of the qualified investment for such taxable
year.
    ``(b) Qualified Investment.--
            ``(1) In general.--For purposes of subsection (a), the
        qualified investment for any taxable year is the basis of each
        vaccine manufacturing facilities property placed in service by
        the taxpayer during such taxable year.
            ``(2) Vaccine manufacturing facilities property.--For
        purposes of this section, the term `vaccine manufacturing
        facilities property' means real and tangible personal
        property--
                    ``(A)(i) the original use of which commences with
                the taxpayer, or
                    ``(ii) which is acquired through purchase (as
                defined by section 179(d)(2)),
                    ``(B) which is depreciable under section 167,
                    ``(C) which is used for the manufacture,
                distribution, or research and development of vaccines,
                and
                    ``(D) which is in compliance with any standards and
                regulations which are promulgated by the Food and Drug
                Administration, the Occupational Safety and Health
                Administration, or the Environmental Protection Agency
                and which are applicable to such property.
    ``(c) Certain Progress Expenditure Rules Made Applicable.--Rules
similar to rules of subsections (c)(4) and (d) of section 46 (as in
effect on the day before the date of the enactment of the Revenue
Reconciliation Act of 1990) shall apply for purposes of this
subsection.
    ``(d) Termination.--This subsection shall not apply to any property
placed in service after December 31, 2009.''.
    (b) Technical Amendments.--
            (1) Clause (iii) of section 49(a)(1)(C) of such Code is
        amended to read as follows:
                            ``(iii) the basis of any vaccine
                        manufacturing facilities property.''.
            (2) Subparagraph (E) of section 50(a)(2) of such Code is
        amended by inserting ``or 48A(c)'' before the period.
            (3) The table of sections for subpart E of part IV of
        subchapter A of chapter 1 of such Code is amended by inserting
        after the item relating to section 48 the following:

``48A. Vaccine manufacturing facilities credit.''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2004, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of enactment of
the Revenue Reconciliation Act of 1990).

           TITLE III--ENSURING SUFFICIENT FLU VACCINE SUPPLY

SEC. 301. VACCINE SUPPLY.

    Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et
seq.) is amended by adding at the end the following:

                    ``Subtitle 3--Influenza Vaccine

                            ``vaccine supply

    ``Sec. 2141. (a) Requests for More Doses.--
            ``(1) In general.--Not later than March 15 of each year,
        the Secretary shall enter into contracts with manufacturers to
        produce such additional doses of the influenza vaccine as
        determined necessary by the Secretary.
            ``(2) Content of contract.--A contract for additional doses
        shall provide that the manufacturer will be compensated by the
        Secretary at an equitable rate negotiated by the Secretary and
        the manufacturer for any doses that--
                    ``(A) were not sold by the manufacturer through
                routine market mechanisms at the end of the influenza
                season for that year; and
                    ``(B) were requested by the Secretary to be
                produced by such manufacturer.
            ``(3) When such vaccine purchases should take place.--The
        Secretary may purchase from the manufacturer the doses for
        which it has contracted at any time after which it is
        determined by the Secretary, in consultation with the
        manufacturer, that the doses will likely not be absorbed by the
        private market.
    ``(b) Contingency Plan.--The Secretary shall encourage States to
develop a contingency plan, in coordination with the Department of
Health and Human Services, for maximizing influenza immunization for
high-risk populations in the event of a delay or shortage of the
influenza vaccine.
    ``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary.''.

             TITLE IV--PREPARING FOR A PANDEMIC OR EPIDEMIC

SEC. 401. PREPARATION FOR INFLUENZA PANDEMIC OR EPIDEMIC.

    Subtitle 3 of title XXI of the Public Health Service Act, as added
by section 301, is amended by adding at the end the following:

            ``preparation for influenza pandemic or epidemic

    ``Sec. 2142. (a) Establishment of a Protocol.--The Secretary,
acting through the Director of the National Vaccine Program (referred
to in this section as the `Director of the Program'), shall continue
progress on the pandemic preparedness plan and, in consultation with
the Director of the Centers for Disease Control and Prevention,
establish a protocol to attempt to prevent, prepare for, and respond to
an influenza pandemic or epidemic. Such protocol shall be updated as
determined appropriate by the Director of the Program.
    ``(b) Contents of Protocol.--The protocol established under
subsection (a) shall--
            ``(1) improve upon the current influenza vaccines and
        production and dissemination methods; and
            ``(2) address--
                    ``(A) methods to coordinate dissemination of the
                influenza vaccine to key populations in the event of an
                influenza pandemic or epidemic;
                    ``(B) expansion of influenza vaccine manufacturing
                capacity (including making advance arrangements for
                ensuring the availability of raw materials) to respond
                to the needs of the United States during an influenza
                pandemic or epidemic;
                    ``(C) alternative ways to manufacture or produce
                the influenza vaccine;
                    ``(D) alternative methods to prevent the spread of,
                and complications associated with, influenza, including
                antiviral medications;
                    ``(E) vaccine manufacturing capacity, production,
                and dissemination to improve preparedness for immediate
                pandemic threats, which may include avian influenza;
                    ``(F) a tracking method for publicly and privately
                sold doses of the influenza vaccine to enable the
                Director of the Program to determine, after
                consultation with manufacturers of the influenza
                vaccine, how much supply is in circulation in the case
                of an influenza pandemic or epidemic; and
                    ``(G) other issues determined by the Director of
                the Program to be appropriate.
    ``(c) Coordination; Preparation; Prevention.--In establishing the
protocol under subsection (a), the Director of the Program shall--
            ``(1) coordinate with health care providers, manufacturers,
        research institutions, health care organizations, and other
        expert stakeholders;
            ``(2) continue building international and national
        surveillance capacity;
            ``(3) continue to engage in epidemiological studies and
        research on novel influenza viruses; and
            ``(4) assist States with preparedness activities for a
        rapid State and local response to an influenza pandemic,
        including exploring methods of making the influenza vaccine
        more accessible to the general population.
    ``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $150,000,000 for each of fiscal
years 2005 through 2009.''.

Output:
Flu Protection Act of 2005 - Amends the Public Health Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct, annually, a public influenza awareness campaign and education and outreach efforts preceding the flu season.

Requires the Administrator of the Centers for Medicare & Medicaid Services to urge early and full preordering of the influenza vaccine by Medicare providers.

Requires the Director to: (1) work with the Administrator to publish influenza immunization rates among Medicare recipients; (2) support the development of State adult immunization programs that emphasize improving influenza vaccine delivery to high-risk populations and the general population; and (3) work with appropriate agencies to assess the efficacy of the influenza vaccine.

Amends the Internal Revenue Code to establish a vaccine manufacturing facilities investment tax credit (20 percent of qualifying property per year) for property placed in service by December 31, 2009.

Requires the Secretary to: (1) enter into contracts with manufacturers to produce additional necessary doses of the influenza vaccine; and (2) encourage States to develop a contingency plan for maximizing influenza immunization for high-risk populations in the event of a delay or shortage of the vaccine.

Requires the Secretary, acting through the Director of the National Vaccine Program, to establish a protocol to prevent, prepare for, and respond to an influenza pandemic or epidemic.


Input:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Opal Creek Forest
Preserve Act of 1994''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Opal Creek Forest Preserve.
Sec. 5. Administration of the Preserve.
Sec. 6. Prohibitions regarding the management of the Preserve.
Sec. 7. Access to and acquisition of non-Federal land.
Sec. 8. Authority of the Secretary and responsible parties to conduct
                            environmental response actions or pursue
                            liability.
Sec. 9. Grandfather clause.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) Old-growth forests are unique ecosystems that serve as
        critical habitat for hundreds of vertebrate and invertebrate
        animals, plants, and fungi.
            (2) Old-growth forests provide clean and plentiful water
        and support streams and rivers containing runs of anadromous
        and resident cold water fish, which are wholly dependent on
        high quantity and quality water for migration, spawning,
        rearing, and cover.
            (3) The high quantity and quality of water in streams and
        rivers in old-growth forests can only be maintained by
        protecting the watersheds of these streams and rivers.
            (4) Old-growth forests provide unique and outstanding
        opportunities for educational study, scientific research, and
        recreation.
            (5) The establishment of a watershed and forest preserve to
        protect areas of old-growth forests and surface waters can
        contribute significantly to the quality of life for the
        residents of the State of Oregon through education, recreation,
        and a protected water supply.
            (6) The area known as the Opal Creek Forest, located on the
        upper Little North Fork of the Santiam River in the State of
        Oregon, contains one of the largest remaining intact old-growth
        forest ecosystems in the Western Oregon Cascades. Although the
        landscape mosaic in the Opal Creek Forest may reflect some past
        logging, young stands of trees in the area mainly owe their
        existence to natural disturbances, chiefly wildfire.
            (7) The Opal Creek Forest contains outstanding geological
        and botanical features and contains attributes of historic and
        prehistoric importance.
            (8) The recreational use of the Opal Creek Forest,
        typically in the form of hiking, sightseeing, and the general
        enjoyment of the outdoor environment, is significant and likely
        to increase.
            (9) It is desirable to limit the human-related disturbances
        and development of the Opal Creek Forest in order to protect
        fully the special features of the forest and maintain the full
        potential of its watershed for scientific, educational, and
        research purposes.
            (10) Preservation of the Opal Creek Forest provides
        outstanding opportunities for scientists to conduct research
        regarding old-growth forests and for educators to provide
        scientifically credible information to the public.
    (b) Purposes.--The purposes of this Act are--
            (1) to protect and preserve the forests and watersheds
        contained in the Opal Creek Forest Preserve;
            (2) consistent with paragraph (1), to promote and conduct--
                    (A) research in the Preserve regarding old-growth
                forests in a manner that does not include the
                harvesting of timber or otherwise damage the ecosystem;
                and
                    (B) educational programs in the Preserve on old-
                growth forests and cultural and historic resources in
                the Preserve; and
            (3) consistent with paragraphs (1) and (2), to permit and
        regulate recreation in the Preserve.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Preserve.--The term ``Preserve'' means the Opal Creek
        Forest Preserve established in section 4(a).
            (2) Management plan.--The term ``management plan'' means
        the management plan for the Preserve developed pursuant to
        section 5(b).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.

SEC. 4. OPAL CREEK FOREST PRESERVE.

    (a) Establishment of Preserve.--There is hereby established the
Opal Creek Forest Preserve in order to protect and preserve the forests
and watersheds in the Preserve and to promote the research,
educational, and recreational purposes of this Act.
    (b) Description of Preserve.--The Preserve shall consist of those
Federal lands located in the Willamette and Mt. Hood National Forests
in the State of Oregon that are generally depicted on the map dated
August 1994, and entitled the ``Opal Creek Preserve Area''. The
Preserve shall also include such lands as may be added under section 7
of this Act. The map referred to in this subsection shall be kept on
file and made available for public inspection in the Office of the
Chief of the Forest Service, United States Department of Agriculture.

SEC. 5. ADMINISTRATION OF THE PRESERVE.

    (a) In General.--The Secretary shall administer the Preserve in
accordance with this Act and with the laws, rules, and regulations
applicable to National Forest System lands in a manner that will
further the purposes of this Act.
    (b) Management Plan.--The Secretary shall prepare a comprehensive
management plan for the Preserve to achieve the purposes of this Act.
The management plan shall be considered to be a nonsignificant
amendment to the Willamette and Mt. Hood Forest Land and Resource
Management Plans. The management plan shall be prepared with public
involvement which shall include consultation with interested
individuals and organizations. The Secretary may enter into memoranda
of understanding with interested parties to accomplish the purposes of
this Act. The management plan shall include analysis and direction on
the use of campfires within the Preserve.
    (c) Protection of Cultural and Historic Resources.--Not later than
one year after the date of the enactment of this Act, the Secretary
shall review and revise the inventory of the cultural and historic
resources in the area covered by the Preserve, which was originally
developed pursuant to the Oregon Wilderness Act of 1984 (Public Law 98-
328; 16 U.S.C. 1131 note). The Secretary shall submit a report to
Congress describing the results of the review of such inventory.
    (d) Applicability of Mining, Mineral Leasing, and Disposal Laws.--
            (1) Restriction.--After the date of the enactment of this
        Act--
                    (A) lands within the Preserve shall not be open to
                the location of mining claims and mill and tunnel sites
                under the general mining laws of the United States;
                    (B) the Secretary shall not issue any lease under
                the Mineral Leasing Act (30 U.S.C. 181 and following)
                or the Geothermal Steam Act of 1970 (30 U.S.C. 100 and
                following) for lands within the Preserve; and
                    (C) lands within the Preserve shall not be
                available for disposal of mineral materials under the
                Act of July 31, 1947, commonly known as the Materials
                Act of 1947 (30 U.S.C. 601 and following).
            (2) Acquired lands.--The restriction provided by paragraph
        (1) shall also apply to any Federal lands added to the Preserve
        after the date of the enactment of this Act, except that the
        restriction shall apply to such lands only upon addition to the
        Preserve.
    (e) Private Inholdings.--The Secretary may cooperate with, and
provide technical assistance to, private landowners, organizations, and
other entities holding private lands within the boundaries of the
Preserve to promote the use and management of such lands in a manner
consistent with the purposes of this Act.

SEC. 6. PROHIBITIONS REGARDING THE MANAGEMENT OF THE PRESERVE.

    (a) Prohibition on Logging or Other Timber Harvesting.--
            (1) Prohibition.--Except as provided in paragraph (2), the
        cutting of trees in the Preserve is prohibited.
            (2) Exceptions.--The prohibition contained in paragraph (1)
        shall not apply to the extent that the Secretary determines
        that the cutting of specific trees in the Preserve is
        necessary--
                    (A) for public safety, such as to control the
                spread of a forest fire in the Preserve or on lands
                adjacent to the Preserve; or
                    (B) for administrative use related to activities
                permitted in the Preserve.
            (3) Limitation on exception.--The cutting of trees
        authorized under paragraph (2) may not include salvage sales or
        harvests of commercial quantities of timber in the Preserve.
            (4) Collection of downed wood.--The collection of downed
        wood for firewood by permit may be allowed in a manner
        consistent with the purposes of this Act.
    (b) Prohibition on Off Road Motorized Travel.--
            (1) Prohibition.--Except as provided in paragraph (2) and
        subject to valid existing rights, the use of motor vehicles off
        or outside of the established roadbed of roads in the Preserve
        is prohibited.
            (2) Exception.--The prohibition contained in paragraph (1)
        shall not apply to the extent that the Secretary determines
        that the use of a motor vehicle off or outside of the
        established roadbed of a road in the Preserve is necessary for
        administrative purposes or to respond to an emergency.
    (c) Prohibition on Use of Certain Roads.--
            (1) Prohibition.--Except as provided in paragraph (2) and
        subject to valid existing rights, the use of motor vehicles is
        prohibited on the following roads located in the Preserve:
                    (A) Forest road 2209 from the gate in existence on
                the date of the enactment of this Act eastward to the
                intersection of the road with the wilderness boundary.
                    (B) Forest roads 290 and 330, which are spur roads
                to the road described in subparagraph (A).
            (2) Exceptions.--The prohibition contained in paragraph (1)
        shall not apply to the extent that the Secretary determines
        that the use of the roads described in such paragraph is
        necessary for administrative purposes or to respond to an
        emergency.
            (3) Rule of construction.--Nothing in this subsection shall
        be construed to prohibit inholders and claim holders of valid
        mining claims from using the roads described in paragraph (1)
        for ingress and egress to their inholdings or valid mining
        claims, subject to such reasonable terms and conditions,
        consistent with the purposes of this Act, as the Secretary may
        prescribe. Nothing in this subsection shall be construed to
        prohibit motor vehicle traffic on other roads established in
        the Preserve, in particular those forest roads providing access
        for claim holders of valid mining claims for the use of lands
        in the Preserve or within the Cedar Creek watershed within two
        miles outside of the boundaries of the Preserve.
    (d) Prohibition on Road Construction.--
            (1) Prohibition.--Except as provided in paragraph (2) and
        subsection (e), and subject to valid existing rights, the
        construction of new roads is prohibited in the Preserve.
            (2) Exceptions.--The prohibition contained in paragraph (1)
        shall not apply to the extent that the Secretary determines
        that the construction of new roads, or the improvement of
        existing roads, in the Preserve is necessary to accomplish the
        purposes of this Act or to provide access to inholdings or for
        claim holders of valid mining claims for the use of lands in
        the Preserve or within the Cedar Creek watershed within two
        miles outside of the boundaries of the Preserve. The Secretary
        may maintain or improve roads in the Preserve to the extent the
        Secretary determines that such maintenance or improvements are
        necessary to accomplish the purposes of this Act, to provide
        for the protection of the natural resources of the Preserve, to
        provide for public safety, or to ensure access for inholders
        and claims holders of valid mining claims for the use of lands
        in the Preserve or within the Cedar Creek watershed within two
        miles outside of the boundaries of the Preserve.
            (3) Limitation on exception.--The construction or
        improvement of roads in the Preserve pursuant to paragraph (2)
        or subsection (e) may not include paving or any work beyond 50
        feet on either side of the centerline of the road bed.
    (e) Utilities and Accompanying Road.--In compliance with applicable
laws and the Willamette National Forest Land and Resource Management
Plan, the Secretary may allow the installation and maintenance of power
lines and water lines (and an accompanying service road) through the
Preserve to serve authorized activities conducted on land within the
Cedar Creek watershed within two miles outside of the boundaries of the
Preserve.

SEC. 7. ACCESS TO AND ACQUISITION OF NON-FEDERAL LAND.

    (a) Inventory and Acquisition of Non-Federal Lands.--The Secretary
shall conduct an inventory of all non-Federal lands and interests in
lands within the boundaries of the Preserve. The Secretary may acquire
such inventoried lands (or interests in such lands) for inclusion in
the Preserve. The Secretary may not acquire, for inclusion in the
Preserve, any lands or interests in lands within the boundaries of the
Preserve without the consent of the owner, unless the Secretary
determines that the land is being developed or managed (or is proposed
to be developed or managed) in a manner inconsistent with the purposes
of this Act. Nothing in this Act may be construed to prevent the
Secretary from increasing the size of the Preserve.
    (b) Special Rule for Santiam No. 1 Lode Mining Claim.--
Notwithstanding subsection (a), the parcel of real property located
within the boundaries of the Preserve that is known as the Santiam No.
1 lode mining claim and identified in section 8140 of the Department of
Defense Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1213),
may be acquired by the Secretary only--
            (1) by purchase for an amount equal to not more than the
        sum of--
                    (A) the amount that the original patentee of the
                parcel paid for the parcel; and
                    (B) the cost of any improvements made to the parcel
                by the patentee; or
            (2) by donation.
    (c) Rights-of-Way.--Nothing in this section shall be construed to
affect the authority of the Secretary to acquire road and trail rights-
of-way on lands in the Preserve under existing authorities.
    (d) Access and Utilities to Inholdings.--
            (1) In general.--In the case of private inholdings located
        within the boundaries of the Preserve, the Secretary shall
        authorize the use of Federal land in the Preserve by the holder
        of the inholding to assure adequate access to the inholding
        under applicable law.
            (2) Jawbone flats.--With respect to the inholding known as
        the Jawbone Flats area, the Secretary shall authorize the use
        of Federal land in the Preserve by the owners of the inholding
        to provide for access and utilities for a facility in the
        inholding if the Secretary determines that the facility (and
        use of the facility) is consistent with the purposes of this
        Act.
            (3) Terms and conditions.--The use of Federal land in the
        Preserve under this subsection shall be subject to such
        reasonable terms and conditions, consistent with the purposes
        of this Act, as the Secretary may prescribe.

SEC. 8. AUTHORITY OF THE SECRETARY AND RESPONSIBLE PARTIES TO CONDUCT
              ENVIRONMENTAL RESPONSE ACTIONS OR PURSUE LIABILITY.

    (a) Remediation Activities.--Nothing in this Act shall be construed
to limit the authority of the Secretary or a responsible party to
conduct environmental remediation activities in the Preserve in
connection with the release, threatened release, or clean up of any
hazardous substance or pollutant or contaminant, including response
actions conducted pursuant to the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
    (b) Liability.--Nothing in this Act shall be construed to limit the
authority of the Secretary or a responsible party to address questions
of liability related to the release, threatened release, or clean up of
any hazardous substance or pollutant or contaminant in the Preserve.

SEC. 9. GRANDFATHER CLAUSE.

    Nothing in this Act shall be construed to affect the operation of
any timber sale contract entered into, or interfere with any activity
for which a special use permit has been issued (and not revoked),
before the date of the enactment of this Act, subject to the terms of
the contract or permit.

            Passed the House of Representatives August 8, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

Output:
Opal Creek Forest Preserve Act of 1994 - Establishes the Opal Creek Forest Preserve consisting of Federal lands in the Willamette and Mt. Hood National Forests, Oregon.
Directs the Secretary of Agriculture to prepare a Preserve management plan.
Prohibits, with specified exceptions:  (1) mining, mineral, and geothermal leasing or dispositions; (2) logging or other timber harvesting; (3) off road motorized travel; and (4) road construction and the use of specified existing roads.
Authorizes the Secretary to acquire private lands within the Preserve.


Input:
SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Immigrant Labor Policy Review Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The unemployment rate in the United States is at a
        record low.
            (2) Many industries in the United States, including
        agriculture, tourism, construction, nursing, information
        technology, and other portions of the service sector, are
        experiencing labor shortages.
            (3) The inability to secure sufficient workers is having a
        detrimental impact on the economy of the United States and the
        standard of living for all people in the United States.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the High Level
Commission on Immigrant Labor Policy (hereinafter in this Act referred
to as the ``Commission'').

SEC. 4. DUTIES.

    (a) In General.--The Commission shall study the interactions
between Federal immigration policy and the labor markets for aliens in
the United States, including the following subjects:
            (1) The adequacy of the supply of labor in the United
        States and whether this supply needs to be further supplemented
        with alien workers.
            (2) The extent to which employers in the United States rely
        upon the employment of a temporary workforce.
            (3) The economic impact and desirability of maintaining
        statutory caps on nonimmigrant workers.
            (4) The extent to which employers in the United States rely
        upon the employment of a workforce that includes or consists of
        aliens who unlawfully enter or remain in the United States.
            (5) The extent of unemployment and underemployment of
        workers who are United States citizens or aliens lawfully
        admitted to the United States for permanent residence.
            (6) The effectiveness of United States labor policies in
        stopping the flow into the United States of illegal immigrants.
            (7) Any other subject necessary to permit the Commission to
        prepare the reports required under section 8.
    (b) Consultation.--In conducting the study, the Commission shall
consult with migrant labor groups, nonprofit organizations, labor
unions, pertinent business and agriculture associations and
organizations, State Governors, law enforcement associations and
organizations, and relevant executive branch agencies and congressional
committees.

SEC. 5. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall consist of 12
members, to be appointed as follows:
            (1) 6 to be appointed by the President.
            (2) 3 to be appointed by the Speaker of the House of
        Representatives.
            (3) 3 to be appointed by the President pro tempore of the
        Senate.
    (b) Consultations.--In making appointments under subsection (a)(1),
the President shall consult with--
            (1) the Attorney General in appointing 1 member;
            (2) the Chairman of the Federal Reserve Board in appointing
        1 member;
            (3) the Secretary of Commerce in appointing 2 members; and
            (4) the Secretary of Agriculture in appointing 2 members.
    (c) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
    (d) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
    (e) Chairperson.--The Chairman of the Federal Reserve Board (or the
Chairman of the Federal Reserve Board's designee) shall serve as the
chairperson of the Commission until such time as the members of the
Commission can elect a chairperson.
    (f) Basic Pay.--Each member shall serve without pay. Each member
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title 5,
United States Code.
    (g) Quorum.--A majority of the members shall constitute a quorum
for the transaction of business.
    (h) Meetings.--The Commission shall meet at the call of the
chairperson.

SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

    (a) Director.--The Commission shall have a director who shall be
appointed by the chairperson subject to rules prescribed by the
Commission.
    (b) Staff.--Subject to rules prescribed by the Commission, the
chairperson may appoint and fix the pay of such additional personnel as
the chairperson considers appropriate.
    (c) Applicability of Certain Civil Service Laws.--The director and
staff of the Commission may be appointed without regard to title 5,
United States Code, governing appointments in the competitive service,
and may be paid without regard to the requirements of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates, except that an individual so appointed
may not receive pay in excess of the maximum annual rate of basic pay
payable for GS-15 of the General Schedule.
    (d) Experts and Consultants.--The chairperson may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the daily
equivalent of the maximum annual rate of basic pay payable for GS-15 of
the General Schedule.
    (e) Staff of Federal Agencies.--Upon request of the chairperson,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of the agency to the Commission to assist the
Commission in carrying out its duties.

SEC. 7. POWERS.

    (a) Obtaining Official Data.--The chairperson may secure directly
from any Federal agency information necessary to enable the Commission
to carry out its duties. Upon request of the chairperson, the head of
the agency shall furnish such information to the Commission to the
extent such information is not prohibited from disclosure by law.
    (b) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
    (c) Administrative Support Services.--Upon the request of the
chairperson, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its duties.
    (d) Contract Authority.--The chairperson may contract with and
compensate government and private agencies or persons for the purpose
of conducting research, surveys, and other services necessary to enable
the Commission to carry out its duties.

SEC. 8. REPORTS.

    (a) Interim Report.--Not later than 6 months after the date of the
enactment of this Act, the Commission shall prepare and submit to the
President and the Congress an interim report on the following:
            (1) The overall effectiveness of Federal immigration and
        labor laws and policies in--
                    (A) protecting jobs held by citizens and nationals
                of the United States, aliens who are lawfully admitted
                to the United States for permanent residence, aliens
                who are admitted as refugees or are granted asylum, and
                other immigrants otherwise authorized to be employed in
                the United States;
                    (B) preventing exploitation of alien immigrant and
                nonimmigrant workers;
                    (C) reducing the number of illegal border crossings
                into the United States; and
                    (D) reducing the numbers of aliens unlawfully
                employed in the United States.
            (2) The impact of statutory numerical limitations on the
        entry of immigrants and nonimmigrants into the United States on
        the achievement of the goals described in subparagraphs (A)
        through (D) of paragraph (1).
            (3) The impact of recent measures undertaken in border
        areas to deter illegal border crossings on the achievement of
        such goals.
            (4) The impact of Federal alien labor laws and policies on
        the overall economic performance within the United States and
        economic performance within the following sectors:
                    (A) Agriculture.
                    (B) Tourism and service.
                    (C) Construction.
                    (D) Nursing and health care.
                    (E) Apparel.
                    (F) Information technology.
    (b) Final Report.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall prepare and submit to the
President and the Congress a final report that contains at least the
following:
            (1) Information that updates the findings reported in the
        interim report on each of the issues described in paragraphs
        (1) through (4) of subsection (a).
            (2) Recommendations for actions that the Commission
        considers necessary--
                    (A) to curb illegal border crossings into the
                United States;
                    (B) to curb unlawful employment of aliens in the
                United States;
                    (C) to ensure adequate protection of the workers
                described in subsection (a)(1)(A); and
                    (D) to ensure a stable and steady workforce for
                industry in the United States.
            (3) The viability of expanding the agricultural guest
        worker program established under section 101(a)(15)(H)(ii)(a)
        of the Immigration and Nationality Act (8 U.S.C.
        1101(a)(15)(H)(ii)(a)) and section 218 of such Act (8 U.S.C.
        1188) to any or all of the following United States industries:
                    (A) Tourism and service.
                    (B) Construction.
                    (C) Nursing and health care.
                    (D) Apparel.
                    (E) Information technology.
            (4) Recommendations for any additional actions that the
        Commission determines would improve Federal immigration or
        labor laws or policies.
            (5) Any other related information that the Commission
        considers to be appropriate.

SEC. 9. TERMINATION.

    The Commission shall terminate 6 months after the date on which the
Commission submits its final report under section 8(b).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be
necessary to carry out this Act, which sums shall remain available
until expended.

Output:
Terminates the Commission six months after submission of its final report.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electric Reliability Act of 2004''.

SEC. 2. ELECTRIC RELIABILITY STANDARDS.

    (a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et
seq.) is amended by adding at the end the following:

``SEC. 215. ELECTRIC RELIABILITY.

    ``(a) Definitions.--For purposes of this section:
            ``(1) The term `bulk-power system' means--
                    ``(A) facilities and control systems necessary for
                operating an interconnected electric energy
                transmission network (or any portion thereof); and
                    ``(B) electric energy from generation facilities
                needed to maintain transmission system reliability.
        The term does not include facilities used in the local
        distribution of electric energy.
            ``(2) The terms `Electric Reliability Organization' and
        `ERO' mean the organization certified by the Commission under
        subsection (c) the purpose of which is to establish and enforce
        reliability standards for the bulk-power system, subject to
        Commission review.
            ``(3) The term `reliability standard' means a requirement,
        approved by the Commission under this section, to provide for
        reliable operation of the bulk-power system. The term includes
        requirements for the operation of existing bulk-power system
        facilities and the design of planned additions or modifications
        to such facilities to the extent necessary to provide for
        reliable operation of the bulk-power system, but the term does
        not include any requirement to enlarge such facilities or to
        construct new transmission capacity or generation capacity.
            ``(4) The term `reliable operation' means operating the
        elements of the bulk-power system within equipment and electric
        system thermal, voltage, and stability limits so that
        instability, uncontrolled separation, or cascading failures of
        such system will not occur as a result of a sudden disturbance
        or unanticipated failure of system elements.
            ``(5) The term `Interconnection' means a geographic area in
        which the operation of bulk-power system components is
        synchronized such that the failure of 1 or more of such
        components may adversely affect the ability of the operators of
        other components within the system to maintain reliable
        operation of the facilities within their control.
            ``(6) The term `transmission organization' means a Regional
        Transmission Organization, Independent System Operator,
        independent transmission provider, or other transmission
        organization finally approved by the Commission for the
        operation of transmission facilities.
            ``(7) The term `regional entity' means an entity having
        enforcement authority pursuant to subsection (e)(4).
    ``(b) Jurisdiction and Applicability.--(1) The Commission shall
have jurisdiction, within the United States, over the ERO certified by
the Commission under subsection (c), any regional entities, and all
users, owners and operators of the bulk-power system, including but not
limited to the entities described in section 201(f), for purposes of
approving reliability standards established under this section and
enforcing compliance with this section. All users, owners and operators
of the bulk-power system shall comply with reliability standards that
take effect under this section.
    ``(2) The Commission shall issue a final rule to implement the
requirements of this section not later than 180 days after the date of
enactment of this section.
    ``(c) Certification.--Following the issuance of a Commission rule
under subsection (b)(2), any person may submit an application to the
Commission for certification as the Electric Reliability Organization.
The Commission may certify 1 such ERO if the Commission determines that
such ERO--
            ``(1) has the ability to develop and enforce, subject to
        subsection (e)(2), reliability standards that provide for an
        adequate level of reliability of the bulk-power system; and
            ``(2) has established rules that--
                    ``(A) assure its independence of the users and
                owners and operators of the bulk-power system, while
                assuring fair stakeholder representation in the
                selection of its directors and balanced decisionmaking
                in any ERO committee or subordinate organizational
                structure;
                    ``(B) allocate equitably reasonable dues, fees, and
                other charges among end users for all activities under
                this section;
                    ``(C) provide fair and impartial procedures for
                enforcement of reliability standards through the
                imposition of penalties in accordance with subsection
                (e) (including limitations on activities, functions, or
                operations, or other appropriate sanctions);
                    ``(D) provide for reasonable notice and opportunity
                for public comment, due process, openness, and balance
                of interests in developing reliability standards and
                otherwise exercising its duties; and
                    ``(E) provide for taking, after certification,
                appropriate steps to gain recognition in Canada and
                Mexico.
    ``(d) Reliability Standards.--(1) The Electric Reliability
Organization shall file each reliability standard or modification to a
reliability standard that it proposes to be made effective under this
section with the Commission.
    ``(2) The Commission may approve, by rule or order, a proposed
reliability standard or modification to a reliability standard if it
determines that the standard is just, reasonable, not unduly
discriminatory or preferential, and in the public interest. The
Commission shall give due weight to the technical expertise of the
Electric Reliability Organization with respect to the content of a
proposed standard or modification to a reliability standard and to the
technical expertise of a regional entity organized on an
Interconnection-wide basis with respect to a reliability standard to be
applicable within that Interconnection, but shall not defer with
respect to the effect of a standard on competition. A proposed standard
or modification shall take effect upon approval by the Commission.
    ``(3) The Electric Reliability Organization shall rebuttably
presume that a proposal from a regional entity organized on an
Interconnection-wide basis for a reliability standard or modification
to a reliability standard to be applicable on an Interconnection-wide
basis is just, reasonable, and not unduly discriminatory or
preferential, and in the public interest.
    ``(4) The Commission shall remand to the Electric Reliability
Organization for further consideration a proposed reliability standard
or a modification to a reliability standard that the Commission
disapproves in whole or in part.
    ``(5) The Commission, upon its own motion or upon complaint, may
order the Electric Reliability Organization to submit to the Commission
a proposed reliability standard or a modification to a reliability
standard that addresses a specific matter if the Commission considers
such a new or modified reliability standard appropriate to carry out
this section.
    ``(6) The final rule adopted under subsection (b)(2) shall include
fair processes for the identification and timely resolution of any
conflict between a reliability standard and any function, rule, order,
tariff, rate schedule, or agreement accepted, approved, or ordered by
the Commission applicable to a transmission organization. Such
transmission organization shall continue to comply with such function,
rule, order, tariff, rate schedule or agreement accepted approved, or
ordered by the Commission until--
            ``(A) the Commission finds a conflict exists between a
        reliability standard and any such provision;
            ``(B) the Commission orders a change to such provision
        pursuant to section 206 of this part; and
            ``(C) the ordered change becomes effective under this part.
If the Commission determines that a reliability standard needs to be
changed as a result of such a conflict, it shall order the ERO to
develop and file with the Commission a modified reliability standard
under paragraph (4) or (5) of this subsection.
    ``(e) Enforcement.--(1) The ERO may impose, subject to paragraph
(2), a penalty on a user or owner or operator of the bulk-power system
for a violation of a reliability standard approved by the Commission
under subsection (d) if the ERO, after notice and an opportunity for a
hearing--
            ``(A) finds that the user or owner or operator has violated
        a reliability standard approved by the Commission under
        subsection (d); and
            ``(B) files notice and the record of the proceeding with
        the Commission.
    ``(2) A penalty imposed under paragraph (1) may take effect not
earlier than the 31st day after the ERO files with the Commission
notice of the penalty and the record of proceedings. Such penalty shall
be subject to review by the Commission, on its own motion or upon
application by the user, owner or operator that is the subject of the
penalty filed within 30 days after the date such notice is filed with
the Commission. Application to the Commission for review, or the
initiation of review by the Commission on its own motion, shall not
operate as a stay of such penalty unless the Commission otherwise
orders upon its own motion or upon application by the user, owner or
operator that is the subject of such penalty. In any proceeding to
review a penalty imposed under paragraph (1), the Commission, after
notice and opportunity for hearing (which hearing may consist solely of
the record before the ERO and opportunity for the presentation of
supporting reasons to affirm, modify, or set aside the penalty), shall
by order affirm, set aside, reinstate, or modify the penalty, and, if
appropriate, remand to the ERO for further proceedings. The Commission
shall implement expedited procedures for such hearings.
    ``(3) On its own motion or upon complaint, the Commission may order
compliance with a reliability standard and may impose a penalty against
a user or owner or operator of the bulk-power system if the Commission
finds, after notice and opportunity for a hearing, that the user or
owner or operator of the bulk-power system has engaged or is about to
engage in any acts or practices that constitute or will constitute a
violation of a reliability standard.
    ``(4) The Commission shall issue regulations authorizing the ERO to
enter into an agreement to delegate authority to a regional entity for
the purpose of proposing reliability standards to the ERO and enforcing
reliability standards under paragraph (1) if--
            ``(A) the regional entity is governed by--
                    ``(i) an independent board;
                    ``(ii) a balanced stakeholder board; or
                    ``(iii) a combination independent and balanced
                stakeholder board.
            ``(B) the regional entity otherwise satisfies the
        provisions of subsection (c)(1) and (2); and
            ``(C) the agreement promotes effective and efficient
        administration of bulk-power system reliability.
The Commission may modify such delegation. The ERO and the Commission
shall rebuttably presume that a proposal for delegation to a regional
entity organized on an Interconnection-wide basis promotes effective
and efficient administration of bulk-power system reliability and
should be approved. Such regulation may provide that the Commission may
assign the ERO's authority to enforce reliability standards under
paragraph (1) directly to a regional entity consistent with the
requirements of this paragraph.
    ``(5) The Commission may take such action as is necessary or
appropriate against the ERO or a regional entity to ensure compliance
with a reliability standard or any Commission order affecting the ERO
or a regional entity.
    ``(6) Any penalty imposed under this section shall bear a
reasonable relation to the seriousness of the violation and shall take
into consideration the efforts of such user, owner, or operator to
remedy the violation in a timely manner.
    ``(f) Changes in Electric Reliability Organization Rules.--The
Electric Reliability Organization shall file with the Commission for
approval any proposed rule or proposed rule change, accompanied by an
explanation of its basis and purpose. The Commission, upon its own
motion or complaint, may proposed a change to the rules of the ERO. A
proposed rule or proposed rule change shall take effect upon a finding
by the Commission, after notice and opportunity for comment, that the
change is just, reasonable, not unduly discriminatory or preferential,
is in the public interest, and satisfies the requirements of subsection
(c).
    ``(g) Reliability Reports.--The ERO shall conduct periodic
assessments of the reliability and adequacy of the bulk-power system in
North America.
    ``(h) Coordination With Canada and Mexico.--The President is urged
to negotiate international agreements with the governments of Canada
and Mexico to provide for effective compliance with reliability
standards and the effectiveness of the ERO in the United States and
Canada or Mexico.
    ``(i) Savings Provisions.--(1) The ERO shall have authority to
develop and enforce compliance with reliability standards for only the
bulk-power system.
    ``(2) This section does not authorize the ERO or the Commission to
order the construction of additional generation or transmission
capacity or to set and enforce compliance with standards for adequacy
or safety of electric facilities or services.
    ``(3) Nothing in this section shall be construed to preempt any
authority of any State to take action to ensure the safety, adequacy,
and reliability of electric service within that State, as long as such
action is not inconsistent with any reliability standard.
    ``(4) Within 90 days of the application of the Electric Reliability
Organization or other affected party, and after notice and opportunity
for comment, the Commission shall issue a final order determining
whether a State action is inconsistent with a reliability standard,
taking into consideration any recommendation of the ERO.
    ``(5) The Commission, after consultation with the ERO and the State
taking action, may stay the effectiveness of any State action, pending
the Commission's issuance of a final order.
    ``(j) Regional Advisory Bodies.--The Commission shall establish a
regional advisory body on the petition of at least \2/3\ of the States
within a region that have more than \1/2\ of their electric load served
within the region. A regional advisory body shall be composed of 1
member from each participating State in the region, appointed by the
Governor of each State, and may include representatives of agencies,
States, and provinces outside the United States. A regional advisory
body may provide advice to the Electric Reliability Organization, a
regional entity, or the Commission regarding the governance of an
existing or proposed regional entity within the same region, whether a
standard proposed to apply within the region is just, reasonable, not
unduly discriminatory or preferential, and in the public interest,
whether fees proposed to be assessed within the region are just,
reasonable, not unduly discriminatory or preferential, and in the
public interest and any other responsibilities request by the
Commission. The Commission may give deference to the advice of any such
regional advisory body if that body is organized on an Interconnection-
wide basis.
    ``(k) Alaska and Hawaii.--The provisions of this section do not
apply to Alaska or Hawaii.''.
    (b) Status of ERO.--The Electric Reliability Organization certified
by the Federal Energy Regulatory Commission under section 215(c) of the
Federal Power Act and any regional entity delegated enforcement
authority pursuant to section 215(e)(4) of that Act are not
departments, agencies, or instrumentalities of the United States
Government.

Output:
Electric Reliability Act of 2004 - Amends the Federal Power Act to extend Federal Energy Regulatory Commission (FERC) jurisdiction for purposes of approving reliability standards and enforcing compliance with this Act over a FERC-certified electric reliability organization (ERO), a regional entity, and users, owners, and operators of a bulk-power system.

Prescribes procedural guidelines for: (1) certification as an ERO; (2) filing of reliability standards; and (3) imposition of penalties by either an ERO or FERC for noncompliance with this Act.

Requires an ERO to file with FERC for approval of any proposed rule or rule change.

Urges the President to negotiate international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the efficacy of the ERO in the United States, Canada or Mexico.

Requires an ERO to assess periodically the reliability and adequacy of the interconnected bulk-power system in North America.

Directs FERC to establish a regional advisory body upon the petition of at least two-thirds of the States within a region that have more than half of their electric loads served within the region.

Declares this Act inapplicable to Alaska or Hawaii.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rail Passenger Disaster Family
Assistance Act of 2001''.

SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES
              OF PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.

    (a) In General.--Subchapter III of chapter 11 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 1138. Assistance to families of passengers involved in rail
              passenger accidents
    ``(a) In General.--As soon as practicable after being notified of a
rail passenger accident within the United States involving a rail
passenger carrier and resulting in a major loss of life, the Chairman
of the National Transportation Safety Board shall--
            ``(1) designate and publicize the name and phone number of
        a director of family support services who shall be an employee
        of the Board and shall be responsible for acting as a point of
        contact within the Federal Government for the families of
        passengers involved in the accident and a liaison between the
        rail passenger carrier and the families; and
            ``(2) designate an independent nonprofit organization, with
        experience in disasters and posttrauma communication with
        families, which shall have primary responsibility for
        coordinating the emotional care and support of the families of
        passengers involved in the accident.
    ``(b) Responsibilities of the Board.--The Board shall have primary
Federal responsibility for--
            ``(1) facilitating the recovery and identification of
        fatally injured passengers involved in an accident described in
        subsection (a); and
            ``(2) communicating with the families of passengers
        involved in the accident as to the roles of--
                    ``(A) the organization designated for an accident
                under subsection (a)(2);
                    ``(B) Government agencies; and
                    ``(C) the rail passenger carrier involved,
        with respect to the accident and the post-accident activities.
    ``(c) Responsibilities of Designated Organization.--The
organization designated for an accident under subsection (a)(2) shall
have the following responsibilities with respect to the families of
passengers involved in the accident:
            ``(1) To provide mental health and counseling services, in
        coordination with the disaster response team of the rail
        passenger carrier involved.
            ``(2) To take such actions as may be necessary to provide
        an environment in which the families may grieve in private.
            ``(3) To meet with the families who have traveled to the
        location of the accident, to contact the families unable to
        travel to such location, and to contact all affected families
        periodically thereafter until such time as the organization, in
        consultation with the director of family support services
        designated for the accident under subsection (a)(1), determines
        that further assistance is no longer needed.
            ``(4) To arrange a suitable memorial service, in
        consultation with the families.
    ``(d) Passenger Lists.--
            ``(1) Requests for passenger lists.--
                    ``(A) Requests by director of family support
                services.--It shall be the responsibility of the
                director of family support services designated for an
                accident under subsection (a)(1) to request, as soon as
                practicable, from the rail passenger carrier involved
                in the accident a list, which is based on the best
                available information at the time of the request, of
                the names of the passengers that were aboard the rail
                passenger carrier's train involved in the accident. A
                rail passenger carrier shall use reasonable efforts,
                with respect to its unreserved trains, and passengers
                not holding reservations on its other trains, to
                ascertain the names of passengers aboard a train
                involved in an accident.
                    ``(B) Requests by designated organization.--The
                organization designated for an accident under
                subsection (a)(2) may request from the rail passenger
                carrier involved in the accident a list described in
                subparagraph (A).
            ``(2) Use of information.--The director of family support
        services and the organization may not release to any person
        information on a list obtained under paragraph (1) but may
        provide information on the list about a passenger to the family
        of the passenger to the extent that the director of family
        support services or the organization considers appropriate.
    ``(e) Continuing Responsibilities of the Board.--In the course of
its investigation of an accident described in subsection (a), the Board
shall, to the maximum extent practicable, ensure that the families of
passengers involved in the accident--
            ``(1) are briefed, prior to any public briefing, about the
        accident and any other findings from the investigation; and
            ``(2) are individually informed of and allowed to attend
        any public hearings and meetings of the Board about the
        accident.
    ``(f) Use of Rail Passenger Carrier Resources.--To the extent
practicable, the organization designated for an accident under
subsection (a)(2) shall coordinate its activities with the rail
passenger carrier involved in the accident to facilitate the reasonable
use of the resources of the carrier.
    ``(g) Prohibited Actions.--
            ``(1) Actions to impede the board.--No person (including a
        State or political subdivision) may impede the ability of the
        Board (including the director of family support services
        designated for an accident under subsection (a)(1)), or an
        organization designated for an accident under subsection
        (a)(2), to carry out its responsibilities under this section or
        the ability of the families of passengers involved in the
        accident to have contact with one another.
            ``(2) Unsolicited communications.--No unsolicited
        communication concerning a potential action for personal injury
        or wrongful death may be made by an attorney (including any
        associate, agent, employee, or other representative of an
        attorney) or any potential party to the litigation to an
        individual (other than an employee of the rail passenger
        carrier) injured in the accident, or to a relative of an
        individual involved in the accident, before the 45th day
        following the date of the accident.
            ``(3) Prohibition on actions to prevent mental health and
        counseling services.--No State or political subdivision may
        prevent the employees, agents, or volunteers of an organization
        designated for an accident under subsection (a)(2) from
        providing mental health and counseling services under
        subsection (c)(1) in the 30-day period beginning on the date of
        the accident. The director of family support services
        designated for the accident under subsection (a)(1) may extend
        such period for not to exceed an additional 30 days if the
        director determines that the extension is necessary to meet the
        needs of the families and if State and local authorities are
        notified of the determination.
    ``(h) Definitions.--In this section, the following definitions
apply:
            ``(1) Rail passenger accident.--The term `rail passenger
        accident' means any rail passenger disaster occurring in the
        provision of--
                    ``(A) interstate intercity rail passenger
                transportation (as such term is defined in section
                24102); or
                    ``(B) interstate or intrastate high-speed rail (as
                such term is defined in section 26105) transportation,
        regardless of its cause or suspected cause.
            ``(2) Rail passenger carrier.--The term `rail passenger
        carrier' means a rail carrier providing--
                    ``(A) interstate intercity rail passenger
                transportation (as such term is defined in section
                24102); or
                    ``(B) interstate or intrastate high-speed rail (as
                such term is defined in section 26105) transportation,
        except that such term shall not include a tourist, historic,
        scenic, or excursion rail carrier.
            ``(3) Passenger.--The term `passenger' includes--
                    ``(A) an employee of a rail passenger carrier
                aboard a train;
                    ``(B) any other person aboard the train without
                regard to whether the person paid for the
                transportation, occupied a seat, or held a reservation
                for the rail transportation; and
                    ``(C) any other person injured or killed in the
                accident.
    ``(i) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that a rail passenger
carrier may take, or the obligations that a rail passenger carrier may
have, in providing assistance to the families of passengers involved in
a rail passenger accident.''.
    (b) Conforming Amendment.--The table of sections for such chapter
is amended by inserting after the item relating to section 1137 the
following:

``1138. Assistance to families of passengers involved in rail passenger
                            accidents.''.

SEC. 3. RAIL PASSENGER CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF
              PASSENGERS INVOLVED IN RAIL PASSENGER ACCIDENTS.

    (a) In General.--Part C of subtitle V of title 49, United States
Code, is amended by adding at the end the following new chapter:

                    ``CHAPTER 251--FAMILY ASSISTANCE

``Sec.
``25101.  Plans to address needs of families of passengers involved in
                            rail passenger accidents.

``Sec. 25101.  Plans to address needs of families of passengers
              involved in rail passenger accidents
    ``(a) Submission of Plans.--Not later than 6 months after the date
of the enactment of this section, each rail passenger carrier shall
submit to the Secretary of Transportation and the Chairman of the
National Transportation Safety Board a plan for addressing the needs of
the families of passengers involved in any rail passenger accident
involving a train of the rail passenger carrier and resulting in a
major loss of life.
    ``(b) Contents of Plans.--A plan to be submitted by a rail
passenger carrier under subsection (a) shall include, at a minimum, the
following:
            ``(1) A plan for publicizing a reliable, toll-free
        telephone number, and for providing staff, to handle calls from
        the families of the passengers.
            ``(2) A process for notifying the families of the
        passengers, before providing any public notice of the names of
        the passengers, either by utilizing the services of the
        organization designated for the accident under section
        1138(a)(2) of this title or the services of other suitably
        trained individuals.
            ``(3) An assurance that the notice described in paragraph
        (2) will be provided to the family of a passenger as soon as
        the rail passenger carrier has verified that the passenger was
        aboard the train (whether or not the names of all of the
        passengers have been verified) and, to the extent practicable,
        in person.
            ``(4) An assurance that the rail passenger carrier will
        provide to the director of family support services designated
        for the accident under section 1138(a)(1) of this title, and to
        the organization designated for the accident under section
        1138(a)(2) of this title, immediately upon request, a list
        (which is based on the best available information at the time
        of the request) of the names of the passengers aboard the train
        (whether or not such names have been verified), and will
        periodically update the list. The plan shall include a
        procedure, with respect to unreserved trains and passengers not
        holding reservations on other trains, for the rail passenger
        carrier to use reasonable efforts to ascertain the names of
        passengers aboard a train involved in an accident.
            ``(5) An assurance that the family of each passenger will
        be consulted about the disposition of all remains and personal
        effects of the passenger within the control of the rail
        passenger carrier.
            ``(6) An assurance that if requested by the family of a
        passenger, any possession of the passenger within the control
        of the rail passenger carrier (regardless of its condition)
        will be returned to the family unless the possession is needed
        for the accident investigation or any criminal investigation.
            ``(7) An assurance that any unclaimed possession of a
        passenger within the control of the rail passenger carrier will
        be retained by the rail passenger carrier for at least 18
        months.
            ``(8) An assurance that the family of each passenger or
        other person killed in the accident will be consulted about
        construction by the rail passenger carrier of any monument to
        the passengers, including any inscription on the monument.
            ``(9) An assurance that the treatment of the families of
        nonrevenue passengers will be the same as the treatment of the
        families of revenue passengers.
            ``(10) An assurance that the rail passenger carrier will
        work with any organization designated under section 1138(a)(2)
        of this title on an ongoing basis to ensure that families of
        passengers receive an appropriate level of services and
        assistance following each accident.
            ``(11) An assurance that the rail passenger carrier will
        provide reasonable compensation to any organization designated
        under section 1138(a)(2) of this title for services provided by
        the organization.
            ``(12) An assurance that the rail passenger carrier will
        assist the family of a passenger in traveling to the location
        of the accident and provide for the physical care of the family
        while the family is staying at such location.
            ``(13) An assurance that the rail passenger carrier will
        commit sufficient resources to carry out the plan.
            ``(14) An assurance that the rail passenger carrier will
        provide adequate training to the employees and agents of the
        carrier to meet the needs of survivors and family members
        following an accident.
            ``(15) An assurance that, upon request of the family of a
        passenger, the rail passenger carrier will inform the family of
        whether the passenger's name appeared on any preliminary
        passenger manifest for the train involved in the accident.
    ``(c) Limitation on Liability.--A rail passenger carrier shall not
be liable for damages in any action brought in a Federal or State court
arising out of the performance of the rail passenger carrier in
preparing or providing a passenger list, or in providing information
concerning a train reservation, pursuant to a plan submitted by the
rail passenger carrier under subsection (b), unless such liability was
caused by conduct of the rail passenger carrier which was grossly
negligent or which constituted intentional misconduct.
    ``(d) Definitions.--In this section--
            ``(1) the terms `rail passenger accident' and `rail
        passenger carrier' have the meanings such terms have in section
        1138 of this title; and
            ``(2) the term `passenger' means a person aboard a rail
        passenger carrier's train that is involved in a rail passenger
        accident.
    ``(e) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that a rail passenger
carrier may take, or the obligations that a rail passenger carrier may
have, in providing assistance to the families of passengers involved in
a rail passenger accident.''.
    (b) Conforming Amendment.--The table of chapters for subtitle V of
title 49, United States Code, is amended by adding after the item
relating to chapter 249 the following new item:

``251. FAMILY ASSISTANCE...................................    25101''.

            Passed the House of Representatives February 14, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output: Rail Passenger Disaster Family Assistance Act of 2001 - Amends Federal transportation law to require the Chairman of the National Transportation Safety Board, as soon as practicable after being notified of a rail passenger accident involving a major loss of life, to: (1) designate and publicize the name and phone number of a Board employee who shall be a director of family support services responsible for acting as a point of contact within the Federal Government for the families of passengers involved in a rail passenger accident, and a liaison between the rail passenger carrier and the families; and (2) designate an independent nonprofit organization (with experience in disasters and post-trauma communication with families) which shall have primary responsibility for coordinating the emotional care and support of the families of passengers involved in such accidents.Declares it shall be the responsibility of the director of family support services to request, as soon as practicable, from the rail passenger carrier involved in an accident a list of the names of the passengers who were aboard the carrier's train. Authorizes a designated organization also to request such list from such carrier. Prohibits the director of family support services and a designated organization from releasing list information to any person, except that information about a passenger may be provided to the passenger's family to the extent considered appropriate by the director or organization. Requires the Board, in the course of its investigation of an accident, to ensure, to the maximum extent practicable, that the families of passengers involved in the accident are: (1) briefed, prior to any public briefing about the accident and any other findings from the investigation; and (2) individually informed of and allowed to attend any public hearings and meetings of the Board about such accident.Prohibits: (1) a person (including a State or political subdivision) from impeding the ability of the Board (including the director of family support services) or the designated organization to carry out its responsibilities under this Act, or the ability of the families of passengers involved in an accident to have contact with one another; (2) unsolicited communication concerning a potential action for personal injury or wrongful death to be made by an attorney or any potential party to the litigation to an individual (other than an employee of the rail passenger carrier) injured in an accident, or to a relative of an individual involved in such accident, before the 45th day following the date of the accident; and (3) a State or political subdivision from preventing the employees, agents, or volunteers of an organization from providing mental health and counseling services in the 30-day period beginning on the date of an accident.Directs each rail passenger carrier to submit to the Secretary of Transportation and the Chairman of the Board a plan for addressing the needs of the families of passengers involved in a rail passenger accident resulting in a major loss of life. Shields a rail passenger carrier from liability for damages (except for gross negligence or intentional misconduct) in any action brought in a Federal or State court arising out of the carrier's performance in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to the carrier's plan.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Warren Weinstein Hostage Rescue
Act''.

SEC. 2. NATIONAL SECURITY COUNCIL COMMITTEE ON HOSTAGE RECOVERY.

    (a) Establishment.--Section 101 of the National Security Act of
1947 (50 U.S.C. 3021) is amended by adding at the end the following new
subsection:
    ``(m) Committee on Hostage Recovery.--(1) There is established
within the National Security Council a committee to be known as the
Committee on Hostage Recovery (in this subsection referred to as the
`Committee').
    ``(2) The Committee shall consist of the following members (or
designees):
            ``(A) An individual who is appointed by the President to
        serve as chair of the Committee.
            ``(B) The Secretary of State.
            ``(C) The Secretary of the Treasury.
            ``(D) The Secretary of Defense.
            ``(E) The Attorney General.
            ``(F) The Director of the Federal Bureau of Investigation.
            ``(G) The Director of National Intelligence.
            ``(H) The Chairman of the Joint Chiefs of Staff.
            ``(I) The Assistant to the President for National Security
        Affairs.
    ``(3) The functions of the Committee shall include--
            ``(A) coordinating among the departments and agencies of
        the Federal Government and coordinating among the United States
        and the allies of the United States regarding retrieval of
        United States person hostages;
            ``(B) coordinating with the Interagency Fusion Cell on
        Hostage Recovery;
            ``(C) developing strategies and guidelines for hostage
        retrieval and analyzing all options and methods of rescue;
            ``(D) developing policies and procedures to effectively
        share information between departments and agencies of the
        Federal Government responsible for activities relating to
        hostage rescue; and
            ``(E) developing a strategy to keep family members of
        United States person hostages informed of the status of such
        hostages and inform such family members of updates, procedures,
        and policies that do not compromise the national security of
        the United States.
    ``(4) The chair of the Committee may not have duties or
responsibilities in the Federal Government other than such duties or
responsibilities relating to serving as the chair of the Committee.
    ``(5)(A) On a quarterly basis, the Committee shall submit to the
appropriate congressional committees and the members of Congress
described in subparagraph (B) a report that includes a summary of--
            ``(i) the general activities of the Committee and the
        Interagency Fusion Cell on Hostage Recovery during the period
        covered by the report; and
            ``(ii) specific actions conducted during such period by the
        Committee and the Interagency Fusion Cell on Hostage Recovery
        with respect to United States person hostages.
    ``(B) The members of Congress described in this subparagraph are,
with respect to a United States person hostage covered by a report
under subparagraph (A), the Senators representing the State, and the
Member, Delegate, or Resident Commissioner of the House of
Representatives representing the district, that includes the United
States person hostage.
    ``(C) Each report under subparagraph (A) may be submitted in
classified form.
    ``(6) In this subsection:
            ``(A) The term `Interagency Fusion Cell on Hostage
        Recovery' means the Interagency Fusion Cell on Hostage Recovery
        established by section 119C of this Act.
            ``(B) The term `United States person hostage' means a
        citizen of the United States or an alien lawfully admitted for
        permanent residence (as defined in section 101(a)(20) of the
        Immigration and Nationality Act) who has been abducted or is
        suspected of having been abducted outside of the United States
        or is being held outside of the United States.''.
    (b) Sense of Congress.--It is the sense of Congress that the
President should appoint a Special Advisor on Hostage Affairs who--
            (1) serves as the chair of the Committee on Hostage
        Recovery of the National Security Council;
            (2) has extensive experience in foreign policy,
        counterterrorism, and hostage recovery; and
            (3) serves (or the designee of the Special Advisor serves)
        as a primary liaison between the Federal Government and the
        family of a United States person hostage (as defined in
        subsection (m) of section 101 of the National Security Act of
        1947 (50 U.S.C. 3021), as added by subsection (a) of this
        section).
    (c) Rule of Construction.--Nothing in this section, or the
amendment made by this section, shall be construed as authorizing the
Federal Government to negotiate with a state sponsor of terrorism or an
organization that the Secretary of State has designated as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).

SEC. 3. INTERAGENCY GROUP ON HOSTAGES.

    (a) Establishment.--Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.) is amended by adding at the end the following:

``SEC. 119C. INTERAGENCY GROUP ON HOSTAGES.

    ``(a) Establishment.--There is established an interagency group on
hostages to be known as the `Interagency Fusion Cell on Hostage
Recovery'.
    ``(b) Director.--The chair of the Committee on Hostage Recovery
established by section 101(m) of this Act shall serve as the director
of the Interagency Fusion Cell on Hostage Recovery.
    ``(c) Duties.--The Interagency Fusion Cell on Hostage Recovery
shall execute the strategies regarding hostage retrieval of the
Committee on Hostage Recovery.
    ``(d) Elements.--The Interagency Fusion Cell on Hostage Recovery
shall be composed of officials of the following departments or agencies
of the Federal Government who are proficient in hostage recovery
strategy:
            ``(1) The Department of State.
            ``(2) The Department of the Treasury.
            ``(3) The Department of Defense.
            ``(4) The Federal Bureau of Investigation.
            ``(5) The Office of the Director of National Intelligence.
    ``(e) Reporting.--The Interagency Fusion Cell on Hostage Recovery
shall report to the Committee on Hostage Recovery.''.
    (b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 119B the
following new item:

``Sec. 119C. Interagency group on hostages.''.

Output: Warren Weinstein Hostage Rescue Act This bill amends the National Security Act of 1947 to establish: (1) the Committee on Hostage Recovery within the National Security Council (NSC), and (2) the Interagency Fusion Cell on Hostage Recovery which shall execute the Committee's hostage retrieval strategies.  The Committee's functions shall include:   coordinating retrieval of U.S. hostages among federal departments and agencies and among the United States and its allies;  coordinating with the Interagency Fusion Cell on Hostage Recovery;  developing hostage retrieval strategies and guidelines;  developing information sharing policies and procedures; and  developing a strategy to keep family members of U.S. hostages informed, and policies that do not compromise U.S. national security.   It is the sense of Congress that the President should appoint a Special Advisor on Hostage Affairs who: (1) serves as the chair of the NSC Committee on Hostage Recovery; (2) has extensive foreign policy, counterterrorism, and hostage recovery experience; and; (3) serves (or the designee of the Special Advisor serves) as a primary liaison between the federal government and the family of a U.S. hostage.  Nothing in this Act shall be construed as authorizing the federal government to negotiate with a state sponsor of terrorism or a foreign terrorist organization.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as ``SIG TARP Small Business Awareness Act of
2009''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Small businesses are going to be the driving force
        behind revitalizing our economy.
            (2) Small financial institutions are a primary financial
        resource for small businesses.
            (3) In a hearing of the Committee on Financial Services of
        the House of Representatives, witnesses testified that smaller
        financial institutions are having difficulty receiving funds
        from the Troubled Asset Relief Program.
            (4) In a hearing of the Committee on Financial Services of
        the House of Representatives, witnesses also testified that
        small businesses are having trouble receiving credit and
        financial products from banks and other financial institutions.

SEC. 3. DUTIES OF THE SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET
              RELIEF PROGRAM RELATING TO SMALL FINANCIAL INSTITUTIONS
              AND BUSINESSES.

    (a) In General.--Section 121(c) of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5231(c)) is amended by adding at
the end the following new paragraph:
            ``(5) Effects of program on small financial institutions
        and small businesses.--
                    ``(A) Small financial institutions.--In conducting
                audits and providing oversight of the Troubled Asset
                Relief Program in accordance with this section, the
                Special Inspector General shall examine how smaller
                financial institutions are being affected by--
                            ``(i) expenditures under the Program
                        (including the adequacy of financial assistance
                        provided to or on behalf of such smaller
                        financial institutions); and
                            ``(ii) the considerations and
                        determinations of--
                                    ``(I) the Secretary under this
                                title; and
                                    ``(II) the regulators of such
                                smaller financial institutions, with
                                respect to capital adequacy and
                                troubled assets.
                    ``(B) Small businesses.--In conducting audits and
                providing oversight of the Troubled Asset Relief
                Program, the Special Inspector General shall examine
                the effects the provision of financial assistance under
                this title has had on small businesses, including both
                positive and negative effects and the extent of such
                effects on small businesses generally and by type and
                region.
                    ``(C) Reports.--Any report prepared by the Special
                Inspector General under this section shall include the
                results of the activities of the Special Inspector
                General under paragraphs (1) and (2).''.
    (b) Report on Inclusion and Utilization of Women and Minorities.--
Section 121(i) of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5231(i)) is amended by adding at the end the following new
paragraph:
            ``(6) Report on inclusion and utilization of women and
        minorities.--
                    ``(A) In general.--The Special Inspector General
                shall include in each quarterly report to the Congress
                under paragraph (1) information on the activities of
                the Secretary and any financial institutions receiving
                financial assistance under this title to include and
                utilize minorities (as such term is defined in section
                1204(c) of the Financial Institutions Reform, Recovery,
                and Enforcement Act of 1989 (12 U.S.C. 1811 note)) and
                women, and minority- and women-owned businesses (as
                such terms are defined in section 21A(r)(4) of the
                Federal Home Loan Bank Act), in any solicitation or
                contract, including any contract to asset managers,
                servicers, property managers, and other service
                providers or expert consultants.
                    ``(B) Information to be included.--The quarterly
                report shall include information on the levels of
                inclusion and utilization of women, minorities, and
                women- and minority-owned businesses, including the
                type of such contracts or solicitations, the dollar
                amount of such contracts or solicitations, the total
                number of such contracts or solicitations, and any
                other information on the activities of the Secretary
                and any financial institutions receiving financial
                assistance under this title to increase the
                participation of women, minorities ,and women- and
                minority-owned businesses including recommendations
                related to increasing such participation.''.

            Passed the House of Representatives September 15, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
SIG TARP Small Business Awareness Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Special Inspector General (SIG) for the Troubled Asset Relief Program (TARP) to examine how smaller financial institutions are being affected by: (1) expenditures under TARP (especially the adequacy of financial assistance); (2) the considerations and determinations of the Secretary of the Treasury (Secretary) and the regulators of such smaller financial institutions regarding capital adequacy and troubled assets; and (3) the effects that TARP financial assistance has had upon small businesses, including by type and by region.

Instructs the SIG to include, in quarterly reports to Congress, information on actions by the Secretary and any financial institutions receiving TARP assistance to include and utilize minorities and women, and minority- and women-owned businesses, in any solicitation or contract.

Requires such reports to include information on: (1) the levels of inclusion and utilization of women, minorities, and women- and minority-owned businesses; (2) the type of such contracts or solicitations, their dollar amounts, and the total number of them; and (5) any other activities to increase the participation of women, minorities, and women- and minority-owned businesses, including recommendations.