Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Dual Incentive Education Act of
2002''.

SEC. 2. GRADUATE STUDY REIMBURSEMENTS FOR CERTAIN LEGISLATIVE BRANCH
              EMPLOYEES.

    (a) In General.--The head of each employing office in the
legislative branch may make payments to an eligible employee of the
office to reimburse the employee for tuition and fees paid by the
employee to an institution of higher education during a semester for
enrollment in a program of post-baccalaureate study leading to a
graduate degree.
    (b) Amount of Payment.--The amount of a payment made to an eligible
employee under this Act shall be equal to the amount of tuition and
fees paid by the employee to the institution of higher education for
the semester (excluding any portion of such tuition and fees covered by
a scholarship or other type of financial assistance which does not
consist of a student loan), except that such amount may not exceed
$3,000.

SEC. 3. ELIGIBILITY OF EMPLOYEES.

    (a) In General.--For purposes of this section, an employee is
eligible to receive a payment under this Act if--
            (1) at the time the first payment is made to the employee
        under this Act, the employee has been continuously employed on
        a full-time basis by an employing office for not fewer than 12
        consecutive months;
            (2) with respect to the semester for which the payment is
        made, the employee meets the student assistance eligibility
        requirements of section 484(a) of the Higher Education
        Assistance Act of 1965 (20 U.S.C. 1091(a));
            (3) with respect to the semester for which the payment is
        made, the employee provides the head of the employing office
        with a certification from the institution of higher education
        in which the employee is enrolled of the employee's enrollment
        in a graduate program and of the amount of tuition and fees
        paid by the employee to the institution;
            (4) the employee has not received a payment under this Act
        for enrollment in another program of post-baccalaureate study,
        except that nothing in this paragraph may be construed to
        prohibit an employee from receiving a payment for enrollment in
        a program leading to more than one graduate degree; and
            (5) the employee provides the office with such other
        information and assurances as the head of the office may
        require.
    (b) Treatment of Payments as Addition to Basic Pay.--Any payment
made to an eligible employee under this Act shall be in addition to
basic pay and any other form of compensation otherwise payable to the
employee involved.

SEC. 4. PERMITTING PAYMENTS FOR PREVIOUS ENROLLMENT.

    An employing office which makes a payment under this Act to an
eligible employee with respect to a semester may make a payment under
this Act with respect to any semester occurring during the 12-month
period which ends on the first day of the first semester for which a
payment is made to the employee by such office under this Act if--
            (1) the payment is made with respect to the same program of
        post-baccalaureate study for which the first payment is made to
        the employee by such office under this Act; and
            (2) the employee meets the eligibility requirements of
        section 3 with respect to such semester.

SEC. 5. ASSISTANCE OF SECRETARY OF EDUCATION.

    The Secretary of Education shall assist employing offices in the
legislative branch in carrying out this Act.

SEC. 6. EMPLOYING OFFICE DEFINED.

    The term ``employing office in the legislative branch'' means any
of the following:
            (1) The personal office of a Member of the House of
        Representatives (including a Delegate or Resident Commissioner
        to the Congress).
            (2) A committee of the House of Representatives or a joint
        committee, except that the majority and minority office of such
        a committee shall each be considered as a separate employing
        office in the legislative branch.
            (3) Any other office headed by a person with the final
        authority to appoint, hire, discharge, and set the terms,
        conditions, or privileges of the employment of an employee of
        the House of Representatives.
            (4) The Office of the Architect of the Capitol.
            (5) The Capitol Police Board.
            (6) The Congressional Budget Office.
            (7) The General Accounting Office.
            (8) The Government Printing Office.
            (9) The Library of Congress (including the Congressional
        Research Service).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to each employing office
such sums as may be necessary for making graduate study payments under
this Act in fiscal year 2003 and each succeeding fiscal year.

Output: Dual Incentive Education Act of 2002 - Permits the heads of legislative branch employing offices to make payments to employees of up to $3,000 for reimbursement of tuition and fees for a semester of graduate study. Requires beneficiaries to have been employed full-time for at least 12 consecutive months and to meet the student assistance eligibility requirements of the Higher Education Assistance Act of 1965. Excludes payments for any portion of tuition and fees covered by a scholarship or other type of financial assistance that does not consist of a student loan.


Input:
SECTION 1. SUSPENSION OF DUTY ON CERTAIN ITEMS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new headings:

``      9902.05.70      Front panels for    Free         No change        No change        On or before 12/  ...
                         cathode-ray                                                        31/2009
                         television
                         picture tubes
                         with a viewable
                         diagonal
                         measurement of
                         80.01 cm, an
                         outer panel
                         radius of less
                         than 500 cm, and
                         an aspect ratio
                         of 4:3 (provided
                         for in subheading
                         7011.20.80)......
        9902.05.71      Front panels for    Free         No change        No change        On or before 12/  ...
                         cathode-ray                                                        31/2009
                         television
                         picture tubes
                         with a viewable
                         diagonal
                         measurement of
                         90.17 cm, an
                         outer panel
                         radius of less
                         than 500 cm, and
                         an aspect ratio
                         of 4:3 (provided
                         for in subheading
                         7011.20.80)......
        9902.05.72      Front panels for    Free         No change        No change        On or before 12/  ...
                         cathode-ray                                                        31/2009
                         television
                         picture tubes
                         with a viewable
                         diagonal
                         measurement of
                         76.00 cm, an
                         outer panel
                         radius of greater
                         than 500 cm, and
                         an aspect ratio
                         of 16:9 (provided
                         for in subheading
                         7011.20.80)......
        9902.05.73      Front panels for    Free         No change        No change        On or before 12/  ...
                         cathode-ray                                                        31/2009
                         television
                         picture tubes
                         with a viewable
                         diagonal
                         measurement of
                         85.50 cm, an
                         outer panel
                         radius of greater
                         than 500 cm, and
                         an aspect ratio
                         of 16:9 (provided
                         for in subheading
                         7011.20.80)......
        9902.05.74      32V funnel for use  Free         No change        No change        On or before 12/  ...
                         with curved                                                        31/2009
                         screen panels
                         (provided for in
                         subheading
                         7011.20.10)......
        9902.05.75      32V funnel for use  Free         No change        No change        On or before 12/  ...
                         with Pure Flat                                                     31/2009
                         (PF) panels
                         (provided for in
                         subheading
                         7011.20.10)......
        9902.05.76      Funnels for         Free         No change        No change        On or before 12/  ...
                         cathode-ray                                                        31/2009
                         television
                         picture tubes
                         with an outside
                         diagonal
                         measurement of
                         94.12 cm and an
                         aspect ratio of
                         4:3. (provided
                         for in subheading
                         7011.20.10)......
        9902.05.77      Funnels for         Free         No change        No change        On or before 12/  ...
                         cathode-ray                                                        31/2009
                         television
                         picture tubes
                         with an outside
                         diagonal
                         measurement of
                         80.87 cm and an
                         aspect ratio of
                         16:9. (provided
                         for in subheading
                         7011.20.10)......
        9902.05.78      Funnels for         Free         No change        No change        On or before 12/  ...
                         cathode-ray                                                        31/2009
                         television
                         picture tubes
                         with an outside
                         diagonal
                         measurement of
                         91.50 cm and an
                         aspect ratio of
                         16:9. (provided
                         for in subheading
                         7011.20.10)......
        9902.05.79      Pre-assembled       Free         No change        No change        On or before 12/  ...
                         glass envelopes                                                    31/2009
                         consisting of a
                         panel with a
                         viewable diagonal
                         measurement of 21
                         cm or less,
                         funnel and neck
                         for projection
                         cathode-ray
                         television
                         picture tubes
                         (provided for in
                         subheading
                         7011.20.80)......
        9902.05.80      Aperture masks      Free         No change        No change        On or before 12/  ...
                         made from                                                          31/2009
                         aluminum-killed,
                         open-coil
                         annealed steel
                         for color picture
                         tubes (provided
                         for in subheading
                         8540.91.50)......
        9902.05.81      Three-beam          Free         No change        No change        On or before 12/  ...
                         electron guns for                                                  31/2009
                         cathode ray tubes
                         (provided for in
                         subheading
                         8540.91.50)......
        9902.05.82      One-beam electron   Free         No change        No change        On or before 12/  ...
                         guns for                                                           31/2009
                         projection
                         cathode-ray tubes
                         (provided for in
                         subheading
                         8540.91.50)......
        9902.05.83      Aperture masks      Free         No change        No change        On or before 12/  ''.
                         made from an                                                       31/2009
                         alloy of iron and
                         nickel (FeNi 36)
                         for color picture
                         tubes. (provided
                         for in subheading
                         8540.91.50)......

    (b) Effective Date.--The amendment made by subsection (a) applies
to goods entered, or withdrawn from warehouse for consumption, on or
after the 15th day after the date of enactment of this Act.

SEC. 2. REDUCTION OF DUTY ON CERTAIN ITEMS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new heading:

``      9902.05.94      Front panels for    3.0%         No change        No change        On or before 12/  ''.
                         cathode-ray                                                        31/2009
                         television
                         picture tubes
                         with a viewable
                         diagonal
                         measurement of
                         80.03 cm, an
                         outer panel
                         radius of greater
                         than 500 cm, and
                         an aspect ratio
                         of 4:3 (provided
                         for in subheading
                         7011.20.80.30)...

    (b) Effective Date.--The amendment made by subsection (a) applies
to goods entered, or withdrawn from warehouse for consumption, on or
after the 15th day after the date of enactment of this Act.

Output:
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2009, the duty on certain: (1) front panels for cathode-ray television picture tubes; (2) 32V funnels for use with curved screen panels; (3) 32V funnels for use with Pure Flat (PF) panels; (4) certain funnels for cathode-ray television picture tubes; (5) pre-assembled glass envelopes; (6) aperture masks made from aluminum-killed, open-coil annealed steel for color picture tubes; (7) three-beam electron guns for cathode ray tubes; (8) one-beam electron guns for projection cathode-ray tubes; and (9) aperture masks.

Reduces, through such date, the duty on front panels for certain cathode-ray television picture tubes.


Input:
.--
            (1) Definition.--For purposes of this section, a joint
        resolution means a resolution introduced by any Member of
        Congress after the date the notification described in section 3
        is received, the resolving clause of which contains only the
        following: ``That Congress does not agree with the
        justification contained in the notification submitted by the
        President pursuant to the China Nonproliferation Act on
        ______________ and that the President shall exercise the
        mandatory measures under section 4 of the Act and one or all of
        the tier ____ measures under that Act.''; with the first blank
        space being filled with the appropriate date and the second
        blank space being filled with the appropriate tier.
            (2) Referral to committee.--
                    (A) Senate.--A joint resolution introduced in the
                Senate shall be referred to the Committee on Foreign
                Relations of the Senate.
                    (B) House of representatives.--A joint resolution
                introduced in the House of Representatives shall be
                referred to the Committee on International Relations of
                the House of Representatives.
                    (C) Reporting.--A joint resolution may not be
                reported before the 8th day after the date on which the
                joint resolution is introduced.
            (3) Discharge of committee.--If the committee to which a
        joint resolution is referred in either House has not reported
        the joint resolution (or an identical joint resolution) at the
        end of 15 calendar days during which that House is in
session after the date on which the joint resolution is introduced--
                    (A) the committee shall be deemed to be discharged
                from further consideration of the joint resolution; and
                    (B) the joint resolution shall be placed on the
                appropriate calendar of that House.
            (4) Floor consideration.--
                    (A) In general.--
                            (i) Motion to proceed to consideration.--
                        When the committee to which a joint resolution
                        is referred in either House has reported, or
                        has been deemed to be discharged (under
                        paragraph (3)) from further consideration of, a
                        joint resolution--
                                    (I) it is at any time thereafter in
                                order (even though a previous motion to
                                the same effect has been disagreed to)
                                for any Member of that House to move to
                                proceed to the consideration of the
                                joint resolution; and
                                    (II) all points of order against
                                the joint resolution (and against
                                consideration of the joint resolution)
                                are waived.
                            (ii) Treatment of motion.--A motion under
                        clause (i)--
                                    (I) is privileged in the Senate and
                                is highly privileged in the House of
                                Representatives;
                                    (II) is not debatable; and
                                    (III) is not subject to amendment,
                                a motion to postpone, or a motion to
                                proceed to the consideration of other
                                business.
                            (iii) No motion to reconsider.--A motion to
                        reconsider the vote by which a motion under
                        clause (i) is agreed to or disagreed to shall
                        not be in order.
                            (iv) Agreement to motion.--If a motion
                        under clause (i) is agreed to, the joint
                        resolution shall remain the unfinished business
                        of the House until the House disposes of the
                        joint resolution.
                    (B) Debate.--
                            (i) Time.--Debate on a joint resolution,
                        and on all debatable motions and appeals in
                        connection with consideration of a joint
                        resolution, shall be limited to not more than
                        10 hours, which shall be divided equally
                        between those favoring and those opposing the
                        joint resolution. A motion further to limit
                        debate is in order and not debatable.
                            (ii) Amendments and motions out of order.--
                        An amendment to a joint resolution, a motion to
                        postpone, to proceed to the consideration of
                        other business, or to recommit such a joint
                        resolution, or a motion to reconsider the vote
                        by which such a joint resolution is agreed to
                        or disagreed to is not in order.
                    (C) Vote on final passage.--A vote on final passage
                of the joint resolution shall be taken in each House on
                or before the close of the 15th calendar day during
                which that House is in session after the resolution is
                reported by the committee of that House to which it was
                referred, or after the committee has been discharged
                from further consideration of the resolution.
                    (D) Rulings of the chair of procedure.--Appeals
                from the decisions of the Chair relating to the
                application of the rules of either House to the
                procedure relating to a joint resolution shall be
                decided without debate.
            (5) Coordination with action by other house.--
                    (A) In general.--If, before the passage by 1 House
                of a joint resolution of that House, that House
                receives from the other House a joint resolution, the
                procedures stated in this paragraph shall apply.
                    (B) No referral.--The joint resolution of the other
                House shall not be referred to a committee.
                    (C) Procedure.--With respect to a joint resolution
                of the House receiving the joint resolution--
                            (i) the procedure in that House shall be
                        the same as if no joint resolution had been
                        received from the other House; but
                            (ii) the vote on final passage shall be on
                        the joint resolution of the other House.
            (6) Rules of the senate and the house of representatives.--
        This subsection is enacted by Congress--
                    (A) as an exercise of the rulemaking power of the
                Senate and the House of Representatives, respectively;
                and
                            (i) is deemed a part of the rules of each
                        House, respectively, but applicable only with
                        respect to the procedure to be followed in that
                        House in the case of a joint resolution; and
                            (ii) supersedes other rules only to the
                        extent that the subsection is inconsistent with
                        those rules; and
                    (B) with full recognition of the constitutional
                right of either House to change the rules (so far as
                the rules relate to the procedure of that House) at any
                time, in the same manner and to the same extent as in
                the case of any other rule of that House.

SEC. 7. DETERMINATION EXEMPTING PERSON OR THE PEOPLE'S REPUBLIC OF
              CHINA FROM SECTIONS 4 AND 5.

    (a) In General.--Sections 4 and 5 shall not apply to a person or to
the People's Republic of China 15 days after the President reports to
the Committee on International Relations of the House of
Representatives, the Committee on Foreign Relations of the Senate, the
Committee on Armed Services of the Senate, the Select Committee on
Intelligence of the Senate, and the Committee on Governmental Affairs
of the Senate, that the President has determined, on the basis of
information provided by that person, or otherwise obtained by the
President, that--
            (1) the person did not, on or after January 1, 2000,
        knowingly transfer to or export from the People's Republic of
        China the goods, services, or technology the apparent transfer
        or export of which caused that person to be identified in a
        report submitted pursuant to section 3(a);
            (2) the person is subject to the primary jurisdiction of a
        government that is an adherent to one or more relevant
        nonproliferation regimes, the person was identified in a report
        submitted pursuant to section 3(a) with respect to a transfer
        of goods, services, or technology described in section 3(a)(1),
        and such transfer was made consistent with the guidelines and
        parameters of all such relevant regimes of which such
        government is an adherent; or
            (3) it is important to the national security of the United
        States not to apply the provisions of section 4 or 5.
    (b) Opportunity To Provide Information.--Congress urges the
President--
            (1) in every appropriate case, to contact in a timely
        fashion each person identified in each report submitted
        pursuant to section 3(a), or the government with primary
        jurisdiction over such person, in order to afford such person
        or government, the opportunity to provide explanatory,
        exculpatory, or other additional information with respect to
        the transfer that caused such person to be identified in a
        report submitted pursuant to section 3(a); and
            (2) to exercise the authority in subsection (a) in all
        cases where information obtained from a foreign person
        identified in a report submitted pursuant to section 3(a), or
        from the government with primary jurisdiction over such person,
        establishes that the exercise of such authority is warranted.
    (c) Submission in Classified Form.--The determination and report of
the President under subsection (a) should be submitted in unclassified
form, with classified annexes as necessary.

SEC. 8. NOTIFICATION TO SECURITIES COMMISSION OF INCLUSION IN REPORT.

    (a) Definitions.--In this section, the following definitions shall
apply:
            (1) Commission.--The term ``Commission'' means the
        Securities and Exchange Commission.
            (2) Registered national securities association.--The term
        ``registered national securities association'' means an
        association registered under section 15A(b) of the Securities
        Exchange Act of 1934 (15 U.S.C. 78o-3(b)).
            (3) Registered national securities exchange.--The term
        ``registered national securities exchange'' means a national
        securities exchange registered under 6 of the Securities
        Exchange Act of 1934 (15 U.S.C. 78f).
            (4) Registration statement.--The term ``registration
        statement'' has the same meaning as in section 2 of the
        Securities Act of 1933 (15 U.S.C. 77b).
            (5) Securities laws.--The terms ``securities laws'' and
        ``security'' have the same meanings as in section 3 of the
        Securities Exchange Act of 1934 (15 U.S.C. 78c).
    (b) Notification to the Commission.--Each report prepared by the
President under section 3 shall be transmitted to the Commission at the
times specified in section 3(b).
    (c) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Commission shall promulgate regulations--
            (1) to ensure that securities investors are notified of the
        identity of any person included in a report prepared by the
        President under section 3, the securities of which are listed,
        or authorized for listing, on a registered national securities
        exchange (or tier or segment thereof) or by a registered
        national securities association; and
            (2) to require each person included in a report of the
        President under section 3 to provide notice of such inclusion
        in each written report, statement, or other filing or notice
        required from that person under the securities laws,
        including--
                    (A) any registration statement;
                    (B) any annual or quarterly report, statement, or
                other filing or notice;
                    (C) any proxy, consent, authorization, information
                statement, or other notice required to be sent to
                shareholders with respect to any security registered
                pursuant to the securities laws;
                    (D) any report, statement, or other filing or
                notice required in connection with an initial public
                offering; and
                    (E) any report, statement, or other filing required
                in connection with a merger, acquisition, tender offer,
                or similar transaction.

Output:
(Sec. 3) Requires the President to include in the report information: (1) on any action taken by a person identified in a prior annual report that establishes that the person has discontinued, rectified, or mitigated a prior proliferation activity identified under this Act; (2) on measures taken against such persons or against China in response to proliferation activities; and (3) other specified information.
Requires submission of such reports in unclassified form, with classified annexes as necessary.
(Sec. 4) Directs the President to apply certain measures for at least 12 months to each person identified in the annual report.
Includes among such measures: (1) those set forth Executive Order No. 12938; (2) prohibition of U.S. Government transfers or sales to such person of any item on the U.S. Munitions List, and termination of all sales and after-sale servicing to such person of any defense articles, defense services, or design and construction services under the Arms Export Control Act; (3) denial of licenses, suspension of existing licenses, and termination of all transfers or sales and after-sale servicing for the transfer to such person of any item the export of which is controlled under the Export Administration Act of 1979 or the Export Administration regulations; (4) prohibition of U.S. Government procurement of any goods or services from such person; (5) prohibition of U.S. assistance to such person in the form of grants, loans, credits, guarantees, or otherwise; (6) immediate suspension of any agreements or efforts for the co-development or co-production with such person of any item on the U.S. Munitions List.
Sets conditions for the lifting of such measures.
(Sec. 5) Requires the President to apply additional specified tier 1, tier 2, and tier 3 measures against China if certain circumstances exist. Requires one or more tier 2 measures if a person's proliferation activities are not rectified, or a person has engaged in additional proliferation activities, one year after imposition of section (4) measures, and one or more tier 3 measures if similar circumstances exist two years after imposition of section (4) measures.
(Sec. 6) Sets forth procedures for congressional review of any presidential decision not to impose sanctions under this Act, or to exempt a person or China from such sanctions. Mandates imposition of such sanctions if Congress disapproves by joint resolution the President's decision.
(Sec. 7) Requires transmittal to the Securities and Exchange Commission (SEC) of the President's annual report under this Act.
Requires the SEC to promulgate regulations to: (1) ensure that securities investors are notified of the identity of any person in the report the securities of which are listed, or authorized for listing, on a registered national securities exchange (or tier or segment) or by a registered national securities association; and (2) require each person included in such a report to provide notice of such inclusion in each written report, registration statement, or other filing or notice required from that person under the securities laws.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Aviation Administration
Research, Engineering, and Development Act of 2002''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) Amounts Authorized.--Section 48102(a) of title 49, United
States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(9) for fiscal year 2003, $261,000,000, including--
                    ``(A) $211,000,000 to improve aviation safety;
                    ``(B) $18,000,000 to improve the efficiency of the
                air traffic control system;
                    ``(C) $16,000,000 to reduce the environmental
                impact of aviation; and
                    ``(D) $16,000,000 to improve the efficiency of
                mission support;
            ``(10) for fiscal year 2004, $274,000,000, including--
                    ``(A) $221,000,000 to improve aviation safety;
                    ``(B) $19,000,000 to improve the efficiency of the
                air traffic control system;
                    ``(C) $17,000,000 to reduce the environmental
                impact of aviation; and
                    ``(D) $17,000,000 to improve the efficiency of
                mission support; and
            ``(11) for fiscal year 2005, $287,000,000, including--
                    ``(A) $231,000,000 to improve aviation safety;
                    ``(B) $20,000,000 to improve the efficiency of the
                air traffic control system;
                    ``(C) $18,000,000 to reduce the environmental
                impact of aviation; and
                    ``(D) $18,000,000 to improve the efficiency of
                mission support.''.

SEC. 3. COORDINATION OF NATIONAL AVIATION SAFETY AND SECURITY RESEARCH
              PROGRAMS.

    (a) Development of Plan.--Not later than June 30, 2003, the
National Aeronautics and Space Administration Administrator, the
Federal Aviation Administration Administrator, and the Under Secretary
of Transportation for Security shall prepare and transmit an updated
integrated civil aviation research and development plan to the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Science.
    (b) Contents.--The updated integrated civil aviation research and
development plan shall include--
            (1) identification of the respective aviation research and
        development requirements, roles, and responsibilities of the
        National Aeronautics and Space Administration, the Federal
        Aviation Administration, and the Transportation Security
        Administration; and
            (2) review of steps they could take to facilitate the
        transfer and adoption of new technologies in an operational
        environment, including consideration of increasing the exchange
        of research staff, providing greater details on funding at the
        project level in joint plans, and providing for greater use of
        technology readiness in program plans and budgets to help frame
        the maturity of new technologies and determine when they can be
        implemented.

SEC. 4. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS.

    The Federal Aviation Administration Administrator shall continue
the program to consider awards to nonprofit concrete and asphalt
pavement research foundations to improve the design, construction,
rehabilitation, and repair of concrete and asphalt airfield pavements
to aid in the development of safer, more cost-effective, and more
durable airfield pavements. The Administrator may use grants or
cooperative agreements in carrying out this section. Nothing in this
section requires the Administrator to prioritize an airfield pavement
research program above safety, security, Flight 21, environment, or
energy research programs.

SEC. 5. ENSURING APPROPRIATE STANDARDS FOR AIRFIELD PAVEMENTS.

    (a) In General.--The Federal Aviation Administration Administrator
shall review and determine whether the Federal Aviation
Administration's standards used to determine the appropriate thickness
for asphalt and concrete airfield pavements are in accordance with the
Federal Aviation Administration's standard 20-year-life requirement
using the most up-to-date available information on the life of airfield
pavements. If the Administrator determines that such standards are not
in accordance with that requirement, the Administrator shall make
appropriate adjustments to the Federal Aviation Administration's
standards for airfield pavements.
    (b) Report.--Within 1 year after the date of enactment of this Act,
the Administrator shall report the results of the review conducted
under subsection (a) and the adjustments, if any, made on the basis of
that review to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and the House of Representatives
Committee on Science.

SEC. 6. AIR TRAFFIC MANAGEMENT RESEARCH AND DEVELOPMENT INITIATIVE.

    (a) Objective.--The Federal Aviation Administration Administrator,
in coordination with the National Aeronautics and Space Administration
Administrator, shall participate in a national initiative with the
objective of defining and developing an air traffic management system
designed to meet national long-term aviation security, safety, and
capacity needs. The initiative should result in a multiagency blueprint
for acquisition and implementation of an air traffic management system
that would--
            (1) build upon current air traffic management and
        infrastructure initiatives;
            (2) improve the security, safety, quality, and
        affordability of aviation services;
            (3) utilize a system of systems approach;
            (4) develop a highly integrated, secure common information
        network to enable common situational awareness for all
        appropriate system users; and
            (5) ensure seamless global operations for system users.
    (b) Implementation.--In implementing subsection (a), the Federal
Aviation Administration Administrator, in coordination with the
National Aeronautics and Space Administration Administrator, shall work
with other appropriate Government agencies and industry to--
            (1) develop system performance requirements;
            (2) determine an optimal operational concept and system
        architecture to meet such requirements;
            (3) utilize new modeling, simulation, and analysis tools to
        quantify and validate system performance and benefits;
            (4) ensure the readiness of enabling technologies; and
            (5) develop a transition plan for successful implementation
        into the National Airspace System.

SEC. 7. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND DEVELOPMENT PROGRAM.

    (a) Assessment.--The Federal Aviation Administration Administrator
shall enter into an arrangement with the National Research Council for
an assessment of the Federal Aviation Administration's proposed wake
turbulence research and development program. The assessment shall
address--
            (1) research and development goals and objectives;
            (2) research and development objectives that should be part
        of Federal Aviation Administration's proposed program;
            (3) proposed research and development program's ability to
        achieve the goals and objectives of the Federal Aviation
        Administration, and of the National Research Council, the
        schedule, and the level of resources needed; and
            (4) the roles other Federal agencies, such as National
        Aeronautics and Space Administration and the National Oceanic
        and Atmospheric Administration, should play in wake turbulence
        research and development, and coordination of these efforts.
    (b) Report.--A report containing the results of the assessment
shall be provided to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and the House of Representatives
Committee on Science not later than 1 year after the date of enactment
of this Act.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated to the Federal Aviation Administration Administrator for
fiscal year 2003, $500,000 to carry out this section.

SEC. 8. DEVELOPMENT OF ANALYTICAL TOOLS AND CERTIFICATION METHODS.

    The Federal Aviation Administration may conduct research to promote
the development of analytical tools to improve existing certification
methods and to reduce the overall costs to manufacturers for the
certification of new products.

SEC. 9. CABIN AIR QUALITY RESEARCH PROGRAM.

    In accordance with the recommendation of the National Academy of
Sciences in its report entitled ``The Airliner Cabin Environment and
the Health of Passengers and Crew'', the Federal Aviation
Administration may establish a research program to answer questions
about cabin air quality of aircraft.

SEC. 10. RESEARCH TO IMPROVE CAPACITY AND REDUCE DELAYS.

    The Administrator may include, as part of the Federal Aviation
Administration research program, a systematic review and assessment of
the specific causes of airport delay at the 31 airports identified in
the Airport Benchmarking Study, on an airport-by-airport basis.

            Passed the Senate November 18, 2002.

            Attest:

                                                  JERI THOMSON,

                                                             Secretary.

Output: Federal Aviation Administration Research, Engineering, and Development Act of 2002 - (Sec. 2) Amends Federal aviation law to authorize appropriations out of the Airport and Airway Trust Fund for FY 2003 through 2005 for the Federal Aviation Administration (FAA) for specified aviation research and development (R&D) projects.(Sec. 3) Requires the Administrators of the National Aeronautics and Space Administration (NASA) and the Federal Aviation Administration (FAA), and the Under Secretary of Transportation for Security of the Transportation Security Administration (TSA), to submit to specified congressional committees an updated integrated civil aviation R&D plan that coordinates national aviation safety and security research programs of NASA, the FAA, and the TSA.(Sec. 4) Directs the Administrator of the FAA to continue the program to consider awards to nonprofit concrete pavement research foundations to improve the design, construction, rehabilitation, and repair of rigid concrete airfield pavements to aid in the development of safer, more cost-effective, and more durable airfield pavements.(Sec. 5) Directs the Administrator of the FAA to review and determine, and report the results to specified congressional committees on, whether FAA standards for airfield pavements are in accordance with its standard 20-year-life requirement using the most up-to-date available information on the life of airfield pavements.(Sec. 6) Directs the Administrator of the FAA, in coordination with the Administrator of NASA, to participate in a national air traffic management R&D initiative designed to meet national long-term aviation security, safety, and capacity needs.(Sec. 7) Directs the Administrator of the FAA to enter into an arrangement with the National Research Council to assess, and report the results to specified congressional committees on, the FAA's proposed wake turbulence R&D program. Authorizes appropriations for FY 2003.(Sec. 8) Authorizes the FAA to conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs to manufacturers for the certification of new products.(Sec. 9) Authorizes the FAA to establish a research program to answer questions about cabin air quality of aircraft.(Sec. 10) Authorizes the Administrator of the FAA to include, as part of the FAA's research program, a systematic review and assessment of the specific causes of airport delay at the 31 airports identified in the Airport Benchmarking Study, on an airport-by-airport basis.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fort Sumner Project Title Conveyance
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) District.--The term ``District'' means the Fort Sumner
        Irrigation District, located in De Baca County, New Mexico.
            (2) Forbearance agreement.--The term ``Forbearance
        Agreement'' means the contract between the United States and
        the District for the forbearance of exercising priority water
        rights numbered 08-WC-40-292 and dated August 21, 2009
        (including any amendments to that contract).
            (3) Project.--The term ``Project'' means the Fort Sumner
        reclamation project.
            (4) Repayment contract.--The term ``Repayment Contract''
        means the contract between the United States and the District
        numbered Ilr-1524 and dated November 5, 1948 (including any
        supplements and amendments to that contract).
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (6) Memorandum of agreement.--The term ``Memorandum of
        Agreement'' means the agreement entitled ``Memorandum of
        Agreement between the United States and the Fort Sumner
        Irrigation District Concerning Principles and Elements of
        Proposed Transfer of Title to Fort Sumner Irrigation District
        Facilities'' and numbered 11-WC-40-406 (including any
        amendments to that agreement).
            (7) Transfer agreement.--The term ``Transfer Agreement''
        means the agreement between the United States and the Fort
        Sumner Irrigation District that identifies the specific terms
        and conditions of the title transfer. This document will be
        completed after the requirements described in section 3(d) are
        satisfied.

SEC. 3. CONVEYANCE.

    (a) In General.--The Secretary is authorized to convey to the
District all right and title of the United States in and to all works,
land, and facilities of the Project, in accordance with the terms and
conditions established in the Transfer Agreement.
    (b) Valid Existing Rights.--The conveyance under this section shall
be subject to all valid existing leases, permits, rights-of-way,
easements, and other rights appurtenant to the property conveyed.
    (c) Costs of Conveyance.--The costs of the conveyance under this
section, including the costs of environmental compliance, may be shared
between the United States and the District, in accordance with the
Memorandum of Agreement.
    (d) Compliance With Environmental Laws.--
            (1) In general.--Before carrying out the conveyance under
        subsection (a), the Secretary shall assure compliance with all
        applicable requirements under--
                    (A) the National Environmental Policy Act of 1969
                (42 U.S.C. 4321 et seq.);
                    (B) the Endangered Species Act of 1973 (16 U.S.C.
                1531 et seq.); and
                    (C) any other law applicable to the property
                conveyed.
            (2) Effect.--Nothing in this Act modifies or alters any
        obligation under--
                    (A) the National Environmental Policy Act of 1969
                (42 U.S.C. 4321 et seq.); or
                    (B) the Endangered Species Act of 1973 (16 U.S.C.
                1531 et seq.).
    (e) Failure To Convey.--If the Secretary fails to complete the
conveyance under this section by the date that is 2 years after the
date of completion of the requirements described in subsection (d) of
this Act, the Secretary shall submit to Congress a report that--
            (1) explains the reasons why the conveyance has not been
        completed; and
            (2) states the date by which the conveyance will be
        completed.

SEC. 4. LIABILITY.

    (a) In General.--Effective on the date of the conveyance under
section 3, the United States--
            (1) shall have no further interest in, and shall have no
        responsibility for operating or maintaining, the Project; and
            (2) shall not be liable for damages of any kind arising out
        of any act, omission, or occurrence relating to the conveyed
        property, except for damages caused by acts committed by the
        United States or employees, agents, or contractors of the
        United States before the date of the conveyance.
    (b) Effect of Section.--Nothing in this section increases the
liability of the United States beyond the liability provided under
chapter 171 of title 28, United States Code (commonly known as the
``Federal Tort Claims Act'').

SEC. 5. TERMINATION OF REPAYMENT CONTRACT.

    Effective beginning on the date of the conveyance under section 3--
            (1) the Repayment Contract shall terminate; and
            (2) the United States and the District shall have no
        obligations under the Repayment Contract.

SEC. 6. FORBEARANCE AGREEMENT.

    (a) Payment Obligation.--In accordance with paragraph 4(a) of the
Forbearance Agreement, effective beginning on the date of termination
of the Repayment Contract under section 5, the United States shall have
no payment obligation under paragraph 4(a) of the Forbearance
Agreement.
    (b) Other Terms and Conditions.--All other terms and conditions of
the Forbearance Agreement shall remain in full force and effect on
termination of the Repayment Contract under section 5.
    (c) Term.--The term of the Forbearance Agreement shall be not less
than 10 years after the date of enactment of this Act, as set forth in
the Memorandum of Agreement.

SEC. 7. FUTURE BENEFITS.

    After conveyance of title under this Act--
            (1) the conveyed property shall not be considered to be a
        part of a Federal reclamation project; and
            (2) the entity to which the property is conveyed shall not
        be eligible to receive any benefits, including Federal project
        power, with respect to the conveyed property, except for
        benefits that would be available to a similarly situated entity
        with respect to property that is not part of a Federal
        reclamation project.

Output:
Fort Sumner Project Title Conveyance Act - Authorizes the Secretary of the Interior to convey to the Fort Sumner Irrigation District, located in De Baca County, New Mexico, all works, land, and facilities of the Fort Sumner reclamation project in accordance with the Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities.

Requires the Secretary, before carrying out such conveyance, to assure compliance with all applicable requirements under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and any other law applicable to the property conveyed. Requires the Secretary to report to Congress if such conveyance isn't completed within two years after such requirements are met.

Terminates, on the date of such conveyance: (1) U.S. interest in and responsibility for the project and liability relating to the conveyed property; (2) a specified repayment contract between the United States and the District dated November 5, 1948; and (3) a specified payment obligation of the United States under the contract between the United States and the District for the forbearance of exercising priority water rights, dated August 21, 2009. Provides that all other terms of such forbearance agreement shall remain in effect for not less than 10 years after this Act's enactment.

Provides that after conveyance of title under this Act: (1) the conveyed property shall not be considered to be a part of a federal reclamation project; and (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including federal project power, with respect to the conveyed property, except for benefits that would be available to a similarly situated entity with respect to property that is not part of a federal reclamation project.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voluntary Adoption Protection Act''.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--Section 2 of the Indian Child Welfare Act of 1978
(25 U.S.C. 1901) is amended--
            (1) in paragraph (3), by inserting before the semicolon at
        the end the following: ``and who would be subject to
        involuntary removal from the Indian community'';
            (2) in paragraph (4)--
                    (A) by inserting ``involuntary'' before
                ``removal''; and
                    (B) by striking ``nontribal public and private''
                and inserting in lieu thereof ``public''; and
            (3) in paragraph (5), by inserting before the period at the
        end the following: ``in the course of involuntary termination
        of parental rights''.
    (b) Policy.--Section 3 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1902) is amended by inserting ``involuntary'' before
``removal''.

SEC. 3. DEFINITIONS.

    Section 3 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903)
is amended by adding at the end the following:
            ``(13) `involuntary', with respect to a child custody
        proceeding, means the absence of a written consent by a parent
        or legal guardian (other than a tribal court) of the Indian
        child.''.

SEC. 4. CHILD CUSTODY PROCEEDINGS.

    (a) Jurisdiction.--Section 101 of the Indian Child Welfare Act of
1978 (25 U.S.C. 1911) is amended--
            (1) in subsection (a), by inserting ``involuntary'' before
        ``child custody proceeding'';
            (2) in subsection (b)--
                    (A) by inserting ``involuntary'' before ``foster
                care placement''; and
                    (B) by inserting ``involuntary'' before
                ``termination of parental rights''; and
            (3) in subsection (c)--
                    (A) by inserting ``involuntary'' before ``foster
                care placement''; and
                    (B) by inserting ``involuntary'' before
                ``termination of parental rights''.
    (b) Court Proceedings.--Section 102 of the Indian Child Welfare Act
of 1978 (25 U.S.C. 1912) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``involuntary'' before ``foster
                care placement'' each place it appears; and
                    (B) by inserting ``involuntary'' before
                ``termination of parental rights'' each place it
                appears;
            (2) in subsection (b)--
                    (A) by inserting ``involuntary'' before
                ``removal'';
                    (B) by inserting ``involuntary'' before
                ``placement''; and
                    (C) by inserting ``involuntary'' before
                ``termination of parental rights'';
            (3) in subsection (c)--
                    (A) by striking ``a foster care placement'' and
                inserting in lieu thereof ``an involuntary foster care
                placement''; and
                    (B) by inserting ``involuntary'' before
                ``termination of parental rights'';
            (4) in subsection (d)--
                    (A) by striking ``a foster care placement'' and
                inserting in lieu thereof ``an involuntary foster care
                placement''; and
                    (B) by inserting ``involuntary'' before
                ``termination of parental rights'';
            (5) in subsection (e), by inserting ``involuntary'' before
        ``foster care placement''; and
            (6) in subsection (f), by inserting ``involuntary'' before
        ``termination of parental rights''.
    (c) Voluntary Termination of Parental Rights.--Section 103 of the
Indian Child Welfare Act of 1978 (25 U.S.C. 1913) is amended to read as
follows:
    ``Sec. 103. (a) Upon written consent by a parent or legal guardian
(other than a tribal court) of an Indian child to a voluntary child
custody proceeding, this title shall thereafter not apply to any child
custody proceeding involving the Indian child, and this Act shall
thereafter not be the basis for determining jurisdiction over any child
custody proceeding involving the Indian child.
    ``(b) For the purposes of subsection (a), written consent is
irrevocable.''.
    (d) Petition To Invalidate Action.--Section 104 of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1914) is amended--
            (1) by inserting ``involuntary'' before ``foster care
        placement'';
            (2) by inserting ``involuntary'' before ``termination of
        parental rights''; and
            (3) by striking ``101, 102, and 103'' and inserting in lieu
        thereof ``101 and 102''.
    (e) Adoptive Placement.--Section 105 of the Indian Child Welfare
Act of 1978 (25 U.S.C. 1915) is amended--
            (1) in subsection (a), by inserting ``involuntary'' before
        ``adoptive placement'';
            (2) in subsection (b)--
                    (A) by inserting ``involuntary'' before ``foster
                care'' each place it appears; and
                    (B) by inserting ``involuntary'' before
                ``preadoptive placement'' each place it appears; and
            (3) in subsection (c)--
                    (A) by striking ``a placement'' and inserting ``an
                involuntary placement''; and
                    (B) by striking ``the placement'' and inserting
                ``the involuntary placement'' each place it appears.
    (f) Petition for Return of Custody.--Section 106 of the Indian
Child Welfare Act of 1978 (25 U.S.C. 1916) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``involuntary'' before
                ``adoption''; and
                    (B) by striking ``foster care, preadoptive, or
                adoptive placement'' and inserting in lieu thereof
                ``involuntary foster care, involuntary preadoptive, or
                involuntary adoptive placement''; and
            (2) in subsection (b) by striking ``further''.
    (g) Information to Adopted Child.--Section 107 of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1917) is amended by inserting
``involuntary'' before ``adoptive''.
    (h) Improper Removal of Child.--Section 110 of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1920) is amended--
            (1) by striking ``an Indian child custody proceeding'' and
        inserting ``an involuntary Indian child custody proceeding'' in
        lieu thereof; and
            (2) by striking ``removed the child'' and inserting in lieu
        thereof ``removed an Indian child''.
    (i) Protection of Parental Rights.--Section 111 of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1921) is amended by inserting
``involuntary'' before ``child custody proceeding''.

SEC. 5. EFFECTIVE DATE.

    The amendments made by this Act shall take effect as of January 1,
1992. Such amendments shall not apply with respect to any permanent
placement of an Indian child for adoption occurring before the date of
the enactment of this Act.

Output: Voluntary Adoption Protection Act - Amends the Indian Child Welfare Act of 1978 to exempt voluntary child custody proceedings from coverage under that Act.  States that upon written consent by a parent or legal guardian of an Indian child to voluntarily terminate parental rights such Act is inapplicable with respect to any child custody proceeding involving such child.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Debbie Smith Act''.

SEC. 2. AUTHORIZATION OF GRANTS FOR TRAINING IN THE HANDLING OF SEXUAL
              ASSAULT CASES.

    (a) Authorization of Grants.--The Attorney General may make grants
to eligible States for use by the State to carry out sexual assault
nurse examiner programs and to train law enforcement personnel and
first responders in the handling of sexual assault cases and the
collection and use of DNA samples for use as forensic evidence.
    (b) Eligibility.--For a State to be eligible to receive a grant
under this section, the chief executive officer of the State shall
submit to the Attorney General an application in such form and
containing such information as the Attorney General may require. The
application shall include a certification that the State shall comply
with the quality assurance standards for collecting and processing
samples issued by the Director of the Federal Bureau of Investigation
under section 210303 of the DNA Identification Act of 1994.
    (c) Restrictions on Use of Funds.--
            (1) Nonsupplanting.--Funds made available pursuant to this
        section shall not be used to supplant State funds, but shall be
        used to increase the amount of funds that would, in the absence
        of Federal funds, be made available from State sources for the
        purposes of this Act.
            (2) Administrative costs.--A State may not use more than 3
        percent of the funds it receives from this section for
        administrative expenses.
    (d) Reports to the Attorney General.--Each State which receives a
grant under this section shall submit to the Attorney General, for each
year in which funds from a grant received under this section is
expended, a report at such time and in such manner as the Attorney
General may reasonably require, which contains--
            (1) a summary of the activities carried out under the grant
        and an assessment of whether such activities are meeting the
        needs identified in the application; and
            (2) such other information as the Attorney General may
        require.
    (e) Reports to Congress.--Not later than 90 days after the end of
each fiscal year for which grants are made under this section, the
Attorney General shall submit to the Congress a report that includes--
            (1) the aggregate amount of grants made under this section
        to each State for such fiscal year; and
            (2) a summary of the information provided by States
        receiving grants under this section.
    (f) Expenditure Records.--
            (1) In general.--Each State which receives a grant under
        this section shall keep records as the Attorney General may
        require to facilitate an effective audit of the receipt and use
        of grant funds received under this section.
            (2) Access.--Each State which receives a grant under this
        section shall make available, for the purpose of audit and
        examination, such records as are related to the receipt or use
        of any such grant.
    (g) Definition.--For purposes of this section, the term ``State''
means a State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
    (h) Authorization of Appropriations.--Amounts are authorized to be
appropriated to the Attorney General for grants under subsection (a)--
            (1) $150,000,000 for fiscal year 2002;
            (2) $30,000,000 for fiscal year 2003; and
            (3) $30,000,000 for fiscal year 2004.

SEC. 3. QUALITY ASSURANCE STANDARDS FOR FORENSIC EVIDENCE COLLECTION
              KITS.

    Section 210303 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14131) is amended--
            (1) in subsection (a)(1)(C)--
                    (A) by striking ``including standards for testing''
                and inserting ``including standards for--
            ``(i) testing'';
                    (B) by striking the period at the end and inserting
                ``; and''; and
                    (C) by adding at the end the following new clause:
            ``(ii) collecting and processing, for use as forensic
        evidence, samples on which DNA analysis may be carried out.'';
        and
            (2) in subsection (a)(2)--
                    (A) by striking ``including standards for testing''
                and inserting ``including standards for--
            ``(A) testing'';
                    (B) by striking the period at the end and inserting
                ``; and''; and
                    (C) by adding at the end the following new
                subparagraph:
            ``(B) collecting and processing, for use as forensic
        evidence, samples on which DNA analysis may be carried out.''.

SEC. 4. AUTHORIZATION OF GRANTS TO CARRY OUT DNA ANALYSES OF SAMPLES
              FROM CRIME SCENES.

    (a) Authorization of Grants.--The Attorney General may make grants
to eligible States for use by the State to carry out, for inclusion in
the Combined DNA Index System of the Federal Bureau of Investigation,
DNA analyses of samples from crime scenes.
    (b) Eligibility.--For a State to be eligible to receive a grant
under this section, the chief executive officer of the State shall
submit to the Attorney General an application in such form and
containing such information as the Attorney General may require. The
application shall--
            (1) provide assurances that the State has a plan in place,
        to be fully effective not later than five years after the date
        of such application, under which, for each sample specified in
        subsection (a), DNA analysis is carried out on the sample not
        later than 10 days after the sample was obtained; and
            (2) include a certification that each DNA analysis carried
        out under the plan shall be maintained pursuant to the privacy
        requirements described in section 210304(b)(3) of the Violent
        Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
        14132(b)(3)).
    (c) Restrictions on Use of Funds.--
            (1) Nonsupplanting.--Funds made available pursuant to this
        section shall not be used to supplant State funds, but shall be
        used to increase the amount of funds that would, in the absence
        of Federal funds, be made available from State sources for the
        purposes of this Act.
            (2) Administrative costs.--A State may not use more than 3
        percent of the funds it receives from this section for
        administrative expenses.
    (d) Reports to the Attorney General.--Each State which receives a
grant under this section shall submit to the Attorney General, for each
year in which funds from a grant received under this section is
expended, a report at such time and in such manner as the Attorney
General may reasonably require, which contains--
            (1) a summary of the activities carried out under the grant
        and an assessment of whether such activities are meeting the
        needs identified in the application; and
            (2) such other information as the Attorney General may
        require.
    (e) Reports to Congress.--Not later than 90 days after the end of
each fiscal year for which grants are made under this section, the
Attorney General shall submit to the Congress a report that includes--
            (1) the aggregate amount of grants made under this section
        to each State for such fiscal year; and
            (2) a summary of the information provided by States
        receiving grants under this section.
    (f) Expenditure Records.--
            (1) In general.--Each State which receives a grant under
        this section shall keep records as the Attorney General may
        require to facilitate an effective audit of the receipt and use
        of grant funds received under this section.
            (2) Access.--Each State which receives a grant under this
        section shall make available, for the purpose of audit and
        examination, such records as are related to the receipt or use
        of any such grant.
    (g) Definition.--For purposes of this section, the term ``State''
means a State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands.
    (h) Authorization of Appropriations.--Amounts are authorized to be
appropriated to the Attorney General for grants under subsection (a)--
            (1) $100,000,000 for fiscal year 2002;
            (2) $50,000,000 for fiscal year 2003; and
            (3) $50,000,000 for fiscal year 2004.

Output: Debbie Smith Act - Authorizes the Attorney General to make grants to eligible States to carry out sexual assault nurse examiner programs and to train law enforcement personnel and first responders in the handling of sexual assault cases and the collection and use of DNA samples for forensic evidence.Provides that for a State to be eligible to receive a grant, the chief executive officer of the State shall submit to the Attorney General an application which shall include a certification that the State shall comply with specified quality assurance standards.Sets forth provisions regarding restrictions on the use of funds and expenditure records.Amends the Violent Crime Control and Law Enforcement Act of 1994 to require the Director of the Federal Bureau of Investigation (FBI) to issue (and revise periodically) standards for collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.Authorizes the Attorney General to make grants to eligible States to carry out DNA analyses of samples from crime scenes for inclusion in the FBI's Combined DNA Index System. Sets forth provisions regarding State eligibility, restrictions on uses of funds, and expenditure records.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gila Bend Indian Reservation Lands
Replacement Clarification Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 1986, Congress passed the Gila Bend Indian
        Reservation Lands Replacement Act, Public Law 99-503, 100 Stat.
        1798, to authorize the Tohono O'odham Nation to purchase up to
        9,880 acres of replacement lands in exchange for granting all
        right, title and interest to the Gila Bend Indian Reservation
        to the United States.
            (2) The intent of the Gila Bend Indian Reservation Lands
        Replacement Act was to replace primarily agriculture land that
        the Tohono O'odham Nation was no longer able to use due to
        flooding by Federal dam projects.
            (3) In 1988, Congress passed the Indian Gaming Regulatory
        Act, which restricted the ability of Indian tribes to conduct
        gaming activities on lands acquired after the date of enactment
        of the Act.
            (4) Since 1986, the Tohono O'odham Nation has purchased
        more than 16,000 acres of land. The Tohono O'odham Nation does
        not currently game on any lands acquired pursuant to the Gila
        Bend Indian Reservation Lands Replacement Act.
            (5) Beginning in 2003, the Tohono O'odham Nation began
        taking steps to purchase approximately 134.88 acres of land
        near 91st and Northern Avenue in Maricopa County, within the
        City of Glendale (160 miles from the Indian tribe's
        headquarters in Sells). The Tohono O'odham Nation is now trying
        to have these lands taken into trust status by the Secretary of
        the Interior pursuant to the Gila Bend Indian Reservation Lands
        Replacement Act of 1986 (``Gila Bend Act''), and has asked the
        Secretary to declare these lands eligible for gaming, thereby
        allowing the Indian tribe to conduct Las Vegas style gaming on
        the lands. The Secretary has issued an opinion stating that he
        has the authority to take approximately 53.54 acres of these
        lands into trust status, and plans to do so when legally able
        to do so.
            (6) The State of Arizona, City of Glendale, and at least 12
        Indian tribes in Arizona oppose the Tohono O'odham Nation
        gaming on these lands. No Indian tribe supports the Tohono
        O'odham Nation's efforts to conduct gaming on these lands.
            (7) The Tohono O'odham Nation's proposed casino violates
        existing Tribal-State gaming compacts and State law,
        Proposition 202, agreed to by all Arizona Indian tribes, which
        effectively limits the number of tribal gaming facilities in
        the Phoenix metropolitan area to seven, which is the current
        number of facilities operating.
            (8) The Tohono O'odham casino proposal will not generate
        sales taxes as the State Gaming Compact specifically prohibits
        the imposition of any taxes, fees, charges, or assessments.
            (9) The proposed casino would be located close to existing
        neighborhoods and a newly built school and raises a number of
        concerns. Homeowners, churches, schools, and businesses made a
        significant investment in the area without knowing that a
        tribal casino would or even could locate within the area.
            (10) The development has the potential to impact the future
        of transportation projects, including the Northern Parkway, a
        critical transportation corridor to the West Valley.
            (11) The Tohono O'odham Nation currently operates three
        gaming facilities: 2 in the Tucson metropolitan area and 1 in
        Why, Arizona.
            (12) Nothing in the language or legislative history of the
        Gila Bend Indian Reservation Lands Replacement Act indicates
        that gaming was an anticipated use of the replacement lands.
            (13) It is the intent of Congress to clarify that lands
        purchased pursuant to the Gila Bend Indian Reservation Lands
        Replacement Act are not eligible for Class II and Class III
        gaming pursuant to the Indian Gaming Regulatory Act. Such lands
        may be used for other forms of economic development by the
        Tohono O'odham Nation.

SEC. 3. GAMING CLARIFICATION.

    Section 6(d) of Public Law 99-503 is amended by inserting ``except
that no class II or class III gaming activities, as defined in section
4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703), may be
conducted on such land if such land is located north of latitude 33
degrees, 4 minutes north'' after ``shall be deemed to be a Federal
Indian Reservation for all purposes''.

SEC. 4. NO EFFECT.

    The limitation on gaming set forth in the amendment made by section
3 shall have no effect on any interpretation, determination, or
decision to be made by any court, administrative agency or department,
or other body as to whether any lands located south of latitude 33
degrees, 4 minutes north taken into trust pursuant to this Act qualify
as lands taken into trust as part of a settlement of a land claim for
purposes of title 25 U.S.C. 2719(b).

            Passed the House of Representatives June 19, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output:
Gila Bend Indian Reservation Lands Replacement Clarification Act - Amends the Gila Bend Indian Reservation Lands Replacement Act to prohibit class II or III gaming activities on lands located north of latitude 33 degrees, 4 minutes north that the Tohono O'odham Nation was authorized to purchase in Arizona in exchange for granting the federal government all right, title, and interest to the Gila Bend Indian Reservation.

Prohibits this gaming restriction from having any effect on any decision as to whether any lands located south of latitude 33 degrees, 4 minutes north and taken into trust pursuant to this Act qualify as lands taken into trust as part of a land claim settlement for purposes of determining whether gaming may be conducted on such lands.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Retiree's Investment Act of
2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The United States banking system's ability to extend
        credit on a basis consistent with healthy economic activity is
        restricted by a need or desire to conserve capital in the face
        of anticipated losses.
            (2) A shortage of banking capital may continue to exist
        because private investors are generally unwilling to provide
        such capital given their inability to accurately assess the
        risk exposure of any individual institution while the Federal
        Government's ability to function as a capital provider may be
        constrained by concerns regarding Federal control of the
        banking system as well its desire to use Federal funds in
        numerous areas besides capitalization of the banking system.
            (3) State and local public pension funds are long term
        investors whose constituents benefit from a well-capitalized
        banking system with the ability to extend credit broadly at all
        levels of the economy.
            (4) Certain State and local pension plans have broad
        investment powers under State law which would include the
        ability to form cooperative business endeavors solely owned by
        them or in concert with public pension plans in other States.
            (5) Certain of these public pension plans have indicated
        their willingness and ability to rapidly form and fund a
        vehicle to be mutually owned by them for the sole purpose of
        investing in preferred stocks of United States banking
        institutions subject to certain guaranties provided by the
        Secretary of the Treasury or other appropriate Federal
        Government officer or agency.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Eligible investments.--The term ``eligible investment''
        means any preferred stock investment which meets the
        requirements of this Act by any public pension bank capital
        infusion fund.
            (2) Public pension plans.--The term ``public pension plan''
        means any State and local pension plan that has broad
        investment powers and authority under State law, including the
        authority to establish, administer, and participate in
        cooperative business endeavors solely owned by the plan or
        other public pension plans.
            (3) Public pension bank capital infusion fund.--The term
        ``public pension bank capital infusion fund'' means any
        investment vehicle mutually owned by public pension plans for
        the sole purpose of investing in preferred stocks of United
        States banking institutions, subject to certain guarantees
        provided by the Secretary of the Treasury or other appropriate
        Federal Government officer or agency, that meets the
        requirements of this Act for such capital infusion funds.
            (4) Qualified equity offering.--The term ``qualified equity
        offering'' means the sale for cash, by a financial institution
        after the date of an investment by a public pension bank
        capital infusion fund in any eligible investment issued by such
        institution, of perpetual preferred stock or common stock which
        qualifies as Tier 1 capital of such financial institution.
            (5) Reguarantee.--The term ``reguarantee'' means a
        guarantee issued by a guarantor of the payment of, or the
        fulfillment of any other obligation under, a guarantee issued
        by another guarantor.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of the Treasury.

SEC. 4. PUBLIC PENSION PLAN INVESTMENTS IN CERTAIN BANK PREFERRED STOCK
              INSTRUMENTS.

    (a) Guarantee and Reguarantee Authority.--The Secretary may
guarantee eligible investments or reguarantee a guarantee of eligible
investments.
    (b) Requirements and Procedures for Guarantees.--
            (1) Term and other conditions of guarantees.--Any guarantee
        or reguarantee provided by the Secretary under subsection (a)
        with respect to an eligible investment shall--
                    (A) be an unconditional guarantee for the life of
                the eligible investment; and
                    (B) shall cover the timely payment of dividends on,
                and the ultimate return of principal of, such eligible
                investment, in accordance with the terms of the
                eligible investment.
            (2) Procedures.--The process by which the Secretary shall
        be notified of a need to perform under a guarantee or
        reguarantee issue under subsection (a) and the manner in which
        the Secretary shall perform the duties of guarantor or
        reguarantor shall be mutually agreed to by the Secretary, the
        other guarantor, in the case of a reguarantee from the
        Secretary, and the public pension bank capital infusion fund.
    (c) Terms of Eligibility for Public Pension Plans.--
            (1) Authorized under state law.--The Secretary may not
        guarantee or reguarantee eligible investments of a public
        pension bank capital infusion fund under subsection (a) unless
        each public pension plan which has a mutual ownership interest
        in such capital infusion fund is authorized under State law to
        establish, or participate in the formation of, a wholly owned
        mutual fund or a limited liability corporation, in the case of
        joint ownership with other public pension plans.
            (2) Choice of law issue.--The powers of any public pension
        plan for purposes of this subsection shall--
                    (A) in all instances be determined by the law of
                the domicile State of such public pension plans; and
                    (B) in the case of a joint endeavor among public
                pension plans from different States, by a choice of law
                agreement (among the participating public pension
                plans) to which each State represented by a plan has
                granted full faith and credit.
    (d) Terms of Eligibility for Eligible Investments by a Public
Pension Bank Capital Infusion Fund.--
            (1) Maximum amount per fund.--The eligible investments of a
        public pension bank capital infusion fund shall be eligible for
        a guarantee or reguarantee under this section only if the
        aggregate amount of such investments by the fund do not exceed
        $50,000,000,000.
            (2) Institution eligible for investments.--Only an
        investment in preferred stock that meets the requirements of
        subsection (e) and has been issued by a financial institution
        which meets the definition of a qualifying financial
        institution under the TARP Capital Purchase Program established
        under the authority of the Emergency Economic Stabilization Act
        of 2008 may be treated as an eligible investment for purposes
        of this Act.
    (e) Preferred Stock Requirements.--Preferred stock meets the
requirements of this subsection if the following terms and conditions
are met by such stock:
            (1) Security.--The stock bears senior preferred status with
        a liquidation preference of $1,000 per share or higher as
        provided in the TARP Capital Purchase Program.
            (2) Ranking.--The stock is senior to common stock and pari
        passu with existing preferred shares other than preferred
        shares which by their terms rank junior to any existing
        preferred shares.
            (3) Regulatory capital status.--The preferred stock meets
        the requirement for treatment as Tier I capital for the
        financial institution which issued it.
            (4) Term.--The term of the stock is perpetual.
            (5) Dividends.--
                    (A) In general.--The stock pays cumulative
                dividends at--
                            (i) an initial rate of 8.5 percent per
                        year; and
                            (ii) after the end of the 1-year period
                        beginning on the date of the enactment of this
                        Act, at the prevailing reset rate determined in
                        accordance with subparagraph (B).
                    (B) Reset rate.--The term ``reset rate'' means the
                rate determined at the end of the 1-year period
                beginning on the date of the enactment of this Act and
                each 1-year period thereafter by adding together--
                            (i) the yield prevailing as of the close of
                        business of the date of the determination on
                        10-year United States treasury notes; and
                            (ii) the difference between 8.5 percent and
                        the yield prevailing as of the close of
                        business on the date of the enactment of this
                        Act on 10-year United States treasury notes.
            (6) Redemption.--
                    (A) Timing.--The redemption of the stock is subject
                to the following conditions:
                            (i) The stock may not be redeemed for a
                        period of 3 years from the date of the initial
                        investment by the public pension bank capital
                        infusion fund, except with the proceeds from a
                        qualified equity offering which results in
                        aggregate gross proceeds to the financial
                        institution which issued the stock of not less
                        than 25 percent of the issue price of the
                        stock.
                            (ii) After the third anniversary of the
                        date of the investment, the stock may be
                        redeemed, in whole or in part, at any time and
                        from time to time, at the option of the
                        financial institution.
                    (B) Amount.--All redemptions of the stock are at
                100 percent of the issue price, plus any accrued and
                unpaid dividends and shall be subject to the approval
                of the primary Federal financial regulator of the
                issuing financial institution.
            (7) Restrictions on dividends.--For as long as the
        preferred stock is outstanding, no dividends may be declared or
        paid on junior preferred shares, preferred shares ranking pari
        passu with the preferred stock, or common shares (other than in
        the case of pari passu preferred shares' dividends on a pro
        rata basis with the preferred stock) nor may the financial
        institution which issued the preferred stock repurchase or
        redeem any junior preferred shares, preferred shares ranking
        pari passu with the preferred stock, or common shares until
        such time as the preferred stock has been redeemed in whole.
            (8) Voting rights.--The preferred stock is nonvoting, other
        than class voting rights on--
                    (A) any authorization or issuance of shares ranking
                senior to the preferred stock;
                    (B) any amendment to the rights of the preferred
                stock; or
                    (C) any merger, exchange or similar transaction
                which would adversely affect the rights of the
                preferred stock.
            (9) Appoint of directors.--The stock instrument provides
        that if dividends on the preferred stock are not paid in full
        for more than 4 consecutive dividend periods, the Secretary may
        elect 2 directors to serve on the board of directors of the
        issuing financial institution until such time as full dividends
        have been paid for 4 consecutive dividend periods.
            (10) Timing of guaranty payments.--The payment of guaranty
        payments under this Act shall be pursuant to a policy mutually
        agreed to by the Secretary, the other guarantor, in the case of
        a reguarantee from the Secretary, and the public pension bank
        capital infusion fund which policy shall be consistent with the
        intent of the guarantee, as specified in section 4(b).
    (f) Effective Period of Guarantee Authority.--Notwithstanding any
other provision of this section, any guarantee or reguarantee under
this subsection may only be provided on an eligible investment whose
initial issuance is made before the end of the 3-year period beginning
on the date of the enactment of this Act .
    (g) Treatment Under Other Law.--A public pension bank capital
infusion fund that is a mutual fund vehicle or limited liability
corporation owned by one or more public pension plans and managed under
contract by an appropriate service vender (as approved by the
Secretary) who reports to the fund directly or through its chief
investment officer shall be deemed to be a political subdivision of a
State as that term is defined in section 414(d) of the Internal Revenue
Code of 1986 and shall be exempt from taxation pursuant to section 115
of such Code.
    (h) Reports.--
            (1) In general.--In the case of any guarantee or
        reguarantee issued by the Secretary, under subsection (a), with
        respect to eligible investments, the guarantor of such eligible
        investments shall submit a report to the Congress (and to the
        Secretary, in any case in which the Secretary is the
        reguarantor) on the status of the guarantee or reguarantee.
            (2) Contents.--Each report submitted under paragraph (1)
        shall include, at a minimum--
                    (A) the name of any institution issuing eligible
                investments for which a guarantee is in effect;
                    (B) the face amount of each eligible investment
                covered by the guarantee;
                    (C) the amount of dividends paid, declared and due
                under the terms of the eligible investment; and
                    (D) the amount of any payments made by the
                guarantor as a result of the enactment of this Act.

Output:
Public Retiree's Investment Act of 2009 - Authorizes the Secretary of the Treasury to guarantee eligible investments, or reguarantee a guarantee of eligible investments, by any public pension bank capital infusion fund mutually owned by state and local pension plans for the sole purpose of investing in preferred stocks of U.S. banking institutions.

Requires each public pension plan with a mutual ownership interest in a capital infusion fund to be authorized by state law to establish, or participate in the formation of, a wholly owned mutual fund or a limited liability corporation, in the case of joint ownership with other public pension plans.

Caps the maximum amount of investments by such such a capital infusion fund at $50 billion.

Restricts eligible investments to those in the preferred stock of a qualifying financial institution under the Troubled Asset Relief Program (TARP) Capital Purchase Program established under the Emergency Economic Stabilization Act of 2008 (EESA).