Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Investor Protections
Enhancement Act of 2009''.

SEC. 2. DEFINITIONS.

    (a) In General.--In this Act, the following definitions shall
apply:
            (1) Senior.--The term ``senior'' means an individual who is
        62 years of age or older.
            (2) Securities laws.--The term ``securities laws'' means
        the Securities Act of 1933 (15 U.S.C. 77b et seq.), the
        Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the
        Investment Company Act of 1940 (15 U.S.C. 80a et seq.), and the
        Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.).
    (b) Application of Senior Definition.--
            (1) Securities act of 1933.--Section 2(a) of the Securities
        Act of 1933 (15 U.S.C. 77b(a)) is amended by adding at the end
        the following:
            ``(17) The term `senior' means an individual who is 62
        years of age or older.''.
            (2) Securities exchange act of 1934.--Section 3(a) of the
        Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended
        by adding at the end the following:
            ``(65) The term `senior' means an individual who is 62
        years of age or older.''.
            (3) Investment company act of 1940.--Section 2(a) of the
        Investment Company Act of 1940 (15 U.S.C. 80a-2(a)) is amended
        by adding at the end the following:
            ``(54) The term `senior' means an individual who is 62
        years of age or older.''.
            (4) Investment advisers act of 1940.--Section 202(a) of the
        Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)) is amended
        by adding at the end the following:
            ``(29) The term `senior' means an individual who is 62
        years of age or older.''.

SEC. 3. ENHANCED PENALTIES FOR VIOLATIONS OF SECURITIES ACT OF 1933.

    (a) Civil Actions.--Section 20(d)(2) of the Securities Act of 1933
(15 U.S.C. 77t(d)(2)) is amended by adding at the end the following:
                    ``(D) Special rule for seniors.--Notwithstanding
                subparagraphs (A), (B), and (C), if a person commits a
                violation described in paragraph (1), and the violation
                is directed toward, targets, or is committed against a
                person who, at the time of the violation, is a senior,
                the Commission, in addition to any other applicable
                civil penalty, may impose a civil penalty of not more
                than $50,000 for each such violation.''.
    (b) Other Violations.--Section 24 of the Securities Act of 1933 (15
U.S.C. 77x) is amended--
            (1) by inserting ``(a) In General.--'' before ``Any
        person''; and
            (2) by adding at the end the following:
    ``(b) Special Rule for Seniors.--Notwithstanding subsection (a), if
a person commits a violation described in subsection (a), and the
violation is directed toward, targets, or is committed against a person
who, at the time of the violation is a senior, the Commission, in
addition to any other applicable civil penalty, may impose a civil
penalty of not more than $50,000 for each such violation.''.

SEC. 4. ENHANCED PENALTIES FOR VIOLATIONS OF SECURITIES ACT OF 1934.

    (a) Civil Actions.--Section 21(d)(3)(B) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by adding at the end
the following:
                            ``(iv) Special rule for seniors.--
                        Notwithstanding clauses (i), (ii), and (iii),
                        if a person commits a violation described in
                        subparagraph (A), and the violation is directed
                        toward, targets, or is committed against a
                        person who, at the time of the violation, is a
                        senior, the Commission, in addition to any
                        other applicable civil penalty, may impose a
                        civil penalty of not more than $50,000 for each
                        such violation.''.
    (b) Willful Violations.--Section 21B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the end the
following:
            ``(4) Special rule for seniors.--Notwithstanding paragraphs
        (1), (2), and (3), if a person engages in an act or omission
        described in subsection (a), and the violation is directed
        toward, targets, or is committed against a person who, at the
        time of the violation, is a senior, the Commission, in addition
        to any other applicable civil penalty, may impose a civil
        penalty of not more than $50,000 for each such violation.''.
    (c) Other Violations.--Section 32 of the Securities Exchange Act of
1934 (15 U.S.C. 78ff) is amended by adding at the end the following:
    ``(d) Special Rule for Seniors.--Notwithstanding subsections (a),
(b), and (c), if a person commits a violation described in this
section, and the violation is directed toward, targets, or is committed
against a person, who at the time of the violation, is a senior, the
Commission, in addition to any other applicable civil penalty, may
impose a civil penalty of not more than $50,000 for each such
violation.''.

SEC. 5. ENHANCED PENALTIES FOR VIOLATIONS OF INVESTMENT COMPANY ACT OF
              1940.

    (a) Willful Violations.--Section 9(d)(2) of the Investment Company
Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by adding at the end the
following:
                    ``(D) Special rule for seniors.--Notwithstanding
                subparagraphs (A), (B), and (C), if a person engages in
                an act or omission described in paragraph (1), and the
                violation is directed toward, targets, or is committed
                against a person, who, at the time of the violation, is
                a senior, the Commission, in addition to any other
                applicable civil penalty, may impose a civil penalty of
                not more than $50,000 for each such violation.''.
    (b) Civil Actions.--Section 42(e)(2) of the Investment Company Act
of 1940 (15 U.S.C. 80a-41(e)(2)) is amended by adding at the end the
following:
                    ``(D) Special rule for seniors.--Notwithstanding
                subparagraphs (A), (B), and (C), if a person commits a
                violation described in paragraph (1), and the violation
                is directed toward, targets, or is committed against a
                person who, at the time of the violation, is senior,
                the Commission, in addition to any other applicable
                civil penalty, may impose a civil penalty not more than
                $50,000 for each such violation.''.
    (c) Other Violations.--Section 49 of the Investment Company Act of
1940 (15 U.S.C. 80a-48) is amended--
            (1) by inserting ``(a) In General.--'' before ``Any
        person''; and
            (2) by adding at the end the following:
    ``(b) Special Rule for Seniors.--Notwithstanding subsection (a), if
a person commits a violation described in subsection (a), and the
violation is directed toward, targets, or is committed against a person
who, at the time of the violation, is a senior, the Commission, in
addition to any other applicable civil penalty, may impose a civil
penalty of not more than $50,000 for each such violation.''.

SEC. 6. ENHANCED PENALTIES FOR VIOLATIONS OF INVESTMENT ADVISERS ACT OF
              1940.

    (a) Willful Violations.--Section 203(i)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by adding at
the end the following:
                    ``(D) Special rule for seniors.--Notwithstanding
                subparagraphs (A), (B), and (C), if a person engages in
                an act or omission described in paragraph (1), and the
                violation is directed toward, targets, or is committed
                against a person who, at the time of the violation, is
                a senior, the Commission, in addition to any other
                applicable civil penalty, may impose a civil penalty of
                not more than $50,000 for each such violation.''.
    (b) Civil Actions.--Section 209(e)(2) of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by adding at the end the
following:
                    ``(D) Special rule for seniors.--Notwithstanding
                subparagraphs (A), (B), and (C), if a person commits a
                violation under this title, and the violation is
                directed toward, targets, or is committed against a
                person who, at the time of the violation, is a senior,
                the Commission, in addition to any other applicable
                civil penalty, may impose a civil penalty of not more
                than $50,000 for each such violation.''.
    (c) Other Violations.--Section 217 of the Investment Advisers Act
of 1940 (15 U.S.C. 80b-17) is amended--
            (1) by inserting ``(a) In General.--'' before ``Any
        person''; and
            (2) by adding at the end the following:
    ``(b) Special Rule for Seniors.--Notwithstanding subsection (a), if
a person commits a violation described in subsection (a), and the
violation is directed toward, targets, or is committed against a person
who, at the time of the violation, is a senior, the Commission, in
addition to any other applicable civil penalty, may impose a civil
penalty of not more than $50,000 for each such violation.''.

SEC. 7. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    (a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and amend the Federal
sentencing guidelines and policy statements to ensure that the
guideline offense levels and enhancements appropriately punish
violations of the securities laws against seniors.
    (b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
            (1) ensure that section 2B1.1 and 2C1.1 of the Federal
        sentencing guidelines (and any successors thereto) apply to and
        punish offenses in which the victim of a violation of the
        securities laws is a senior;
            (2) ensure reasonable consistency with other relevant
        directives, provisions of the Federal sentencing guidelines,
        and statutory provisions;
            (3) make any necessary and conforming changes to the
        Federal sentencing guidelines, in accordance with the
        amendments made by this Act; and
            (4) ensure that the Federal sentencing guidelines
        adequately meet the purposes of sentencing set forth in section
        3553(a)(2) of title 18, United States Code.

Output:
Senior Investor Protections Enhancement Act of 2009 - Amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to authorize the Securities and Exchange Commission (SEC) to impose, in addition to any other civil penalty, a maximum civil penalty of $50,000 for each violation that is directed toward, targets, or is committed against a person who at the time of the violation is age 62 or older.

Directs the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to ensure that guideline offense levels and enhancements appropriately punish criminal violations of the securities laws against seniors.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Bank Access to Capital Act
of 2015''.

SEC. 2. SMALL BANK HOLDING COMPANY POLICY STATEMENT THRESHOLD.

    (a) Asset Threshold.--Not later than the end of the 3-month period
beginning on the date of the enactment of this Act, the Board of
Governors of the Federal Reserve System shall revise the Small Bank
Holding Company Policy Statement on Assessment of Financial and
Managerial Factors (12 C.F.R. part 225, appendix C) to change the asset
threshold under such policy from ``less than $1,000,000,000'' (as set
by Public Law 113-250) to ``less than $5,000,000,000''.
    (b) Conforming Amendment.--Section 171(b)(5)(C) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C.
5371(b)(5)(C)) is amended by striking ``$1,000,000,000'' and inserting
``$5,000,000,000''.

SEC. 3. BASEL III EXEMPTION FOR COMMUNITY BANKS.

    (a) In General.--Not later than the end of the 3-month period
beginning on the date of the enactment of this Act, the Comptroller of
the Currency, the Board of Governors of the Federal Reserve System, and
the Federal Deposit Insurance Corporation shall issue regulations
exempting community banks from any regulation issued to implement the
``International regulatory framework for banks (Basel III)''.
    (b) Capital Requirements Adjustment.--The Comptroller of the
Currency, the Board of Governors of the Federal Reserve System, and the
Federal Deposit Insurance Corporation shall make such revisions to
capital requirements as they determine necessary or appropriate in
light of the regulations required under subsection (a).
    (c) Community Bank Defined.--For purposes of this section, the term
``community bank'' means an insured depository institution (as defined
under section 3 of the Federal Deposit Insurance Act) with consolidated
assets of $50,000,000,000 or less.

SEC. 4. INTERNAL CONTROL ATTESTATION REQUIREMENT EXEMPTIONS.

    Section 404(c) of the Sarbanes-Oxley Act of 2002 (15 U.S.C.
7262(c)) is amended--
            (1) by striking ``that is neither'' and inserting the
        following: ``that--
            ``(1) is neither'';
            (2) by striking the period at the end and inserting ``;
        or''; and
            (3) by adding at the end the following:
            ``(2) is an insured depository institution or a depository
        institution holding company (as such terms are defined,
        respectively, under section 3 of the Federal Deposit Insurance
        Act), and has less than $1,000,000,000 in consolidated
        assets.''.

SEC. 5. REGULATION D CHANGES.

    The Securities and Exchange Commission--
            (1) may not adjust--
                    (A) the $1,000,000 net worth threshold under
                section 230.501(a)(5) of title 17, Code of Federal
                Regulations; or
                    (B) the $200,000 and $300,000 income thresholds
                under section 230.501(a)(6) of title 17, Code of
                Federal Regulations; and
            (2) shall, not later than the end of the 3-month period
        beginning on the date of the enactment of this Act, revise
        section 230.506(b)(2)(i) of title 17, Code of Federal
        Regulations, to change the limitation on the number of
        purchasers contained in such section from 35 to 70.

SEC. 6. SHAREHOLDER THRESHOLD TREATMENT OF SAVINGS AND LOAN HOLDING
              COMPANIES.

    (a) Amendments to Section 12 of the Securities Exchange Act of
1934.--Section 12(g) of the Securities Exchange Act of 1934 (15 U.S.C.
78l(g)) is amended--
            (1) in paragraph (1)(B), by striking ``or a bank holding
        company, as such term is defined in section 2 of the Bank
        Holding Company Act of 1956 (12 U.S.C. 1841)'' and inserting
        ``, a bank holding company, or a savings and loan holding
        company''; and
            (2) in paragraph (4), by striking ``or a bank holding
        company, as such term is defined in section 2 of the Bank
        Holding Company Act of 1956 (12 U.S.C. 1841)'' and inserting
        ``, a bank holding company, or a savings and loan holding
        company''.
    (b) Amendments to Section 15 of the Securities Exchange Act of
1934.--Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78o(d)) is amended, in the third sentence, by striking ``or a bank
holding company, as such term is defined in section 2 of the Bank
Holding Company Act of 1956 (12 U.S.C. 1841), 1,200 persons persons''
and inserting ``, a bank holding company, or a savings and loan holding
company of less than 1,200 persons''.
    (c) Definitions.--Section 3(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a)) is amended--
            (1) by redesignating the second paragraph (80) (relating to
        funding portals) as paragraph (81); and
            (2) by adding at the end the following:
            ``(82) Bank holding company.--The term `bank holding
        company' has the meaning given such term under section 2 of the
        Bank Holding Company Act of 1956 (12 U.S.C. 1841).
            ``(83) Savings and loan holding company.--The term `savings
        and loan holding company' has the meaning given such term under
        section 10(a) of the Home Owners' Loan Act (12 U.S.C.
        1467a(a)).''.

Output: Community Bank Access to Capital Act of 2015 This bill directs the Board of Governors of the Federal Reserve System to increase the asset threshold under the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors from less than $1 billion to less than $5 billion.  The Comptroller of the Currency, the Board, and the Federal Deposit Insurance Corporation (FDIC) shall exempt community banks from regulations implementing the International Regulatory Framework for Banks (Basel III), and, as they determine appropriate, to adjust the related capital requirements.   A community bank is defined as one whose consolidated assets are $50 billion or less.  The bill also exempts from the internal control attestation requirements of the Sarbanes-Oxley Act of 2002 both an insured depository institution and a depository institution holding company with consolidated assets of less than $1 billion. Savings and loan associations meeting specified asset and equity security holder criteria shall be subject to security registration requirements. The Securities and Exchange Commission (SEC) is prohibited from adjusting under Regulation D the $1 million net worth threshold and $200,000 and $300,000 income thresholds that define a natural person as an accredited investor. The SEC shall increase from 35 to 70 the number of purchasers of securities in transactions deemed not to involve a public offering and so are exempt from regulation under the Securities Exchange Act of 1933.  The Securities Exchange Act of 1934 is amended to: (1) subject a savings and loan holding company to registration requirements for securities whose issuer has total assets exceeding $10 million and a class of non-exempt equity security held of record by 2,000 or more persons; and (2) apply the automatic termination of registration, and suspension of the duty to file supplementary and periodic information, to a savings and loan holding company whose securities are found to be held by less than 1,200 persons.


Input:
SECTION 1. IMPROVED RISK MANAGEMENT EDUCATION.

    Title IV of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7621 et seq.) is amended by adding at the
end the following new section:

``SEC. 409. IMPROVED RISK MANAGEMENT EDUCATION FOR AGRICULTURAL
              PRODUCERS.

    ``(a) Program Required.--The Secretary of Agriculture shall carry
out a program to improve the risk management skills of agricultural
producers, including the owners and operators of small farms, limited
resource producers, and other targeted audiences, to make informed risk
management decisions. The program is designed to assist producers to
develop the skills necessary--
            ``(1) to understand the financial health and capability of
        the producer's operation to withstand price fluctuations,
        adverse weather, environmental impacts, diseases, family
        crises, and other risks;
            ``(2) to understand marketing alternatives, how various
        commodity markets work, the use of crop insurance products, and
        the price risk inherent in various markets; and
            ``(3) to understand legal, governmental, environmental, and
        human resource issues that impact the producer's operation.
    ``(b) Coordinating Centers.--
            ``(1) Establishment and purpose.--The Secretary shall
        establish a Risk Management Education Coordinating Center in
        each of five regions of the United States to administer and
        coordinate the provision of risk management education to
        producers and their families under the program in that region.
            ``(2) Site selection.--The Secretary shall locate the
        Center for a region at an existing risk management education
        coordinating office of the Cooperative State Research,
        Education, and Extension Service or at an appropriate
        alternative land-grant college in the region approved by the
        Cooperative State Research, Education, and Extension Service.
        To be selected as the location for a Center, a land-grant
        college must have the demonstrated capability and capacity to
        carry out the program priorities, funding distribution, and
        reporting requirements of the program.
    ``(c) Coordinating Council.--Each Center shall establish a
coordinating council to assist in establishing the funding and program
priorities for that region. The council shall consist of a minimum of
five members, including representatives from the following sources:
            ``(1) Public organizations.
            ``(2) Private organizations.
            ``(3) Agricultural producers.
            ``(4) The Regional Service Offices of the Risk Management
        Agency in that region.
    ``(d) Center Activities.--
            ``(1) Instruction for risk management professionals.--Each
        Center shall coordinate the offering of intensive risk
        management instructional programs, involving classroom, distant
        learning, and field training work, for professionals who work
        with agricultural producers. These professionals include--
                    ``(A) extension specialists;
                    ``(B) county extension faculty;
                    ``(C) private service providers; and
                    ``(D) other individuals who are involved in
                providing risk management education.
            ``(2) Education programs for producers.--Each Center shall
        coordinate the provision of educational programs, including
        workshops, short courses, seminars, and distant-learning
        modules, to improve the risk management skills of agricultural
        producers and their families.
            ``(3) Development and dissemination of materials.--Each
        Center shall coordinate the efforts to develop new risk
        management education materials and the dissemination of such
        materials.
            ``(4) Coordination of resources.--Each Center shall make
        use of available and emerging risk management information,
        materials, and delivery systems, after careful evaluation of
        the content and suitability of the information, materials, and
        delivery systems for producers and their families. The Centers
        shall use available expertise from land-grant colleges,
        nongovernmental organizations, government agencies, and the
        private sector to assist in conducting this evaluation.
    ``(e) Grants.--
            ``(1) Special grants.--Each Center shall reserve a portion
        of the funds provided under this section to make special grants
        to land-grant colleges and private entities in the region to
        conduct one or more of the activities described in subsection
        (d).
            ``(2) Competitive grants.--Each Center shall also reserve a
        portion of the funds provided under this section to conduct a
        competitive grant program to award grants to both public and
        private entities that have a demonstrated capability to conduct
        one or more of the activities described in subsection (d).
    ``(f) National Agriculture Risk Education Library.--The National
Agriculture Risk Education Library is a central focus for the
coordination and distribution of risk management educational materials.
The Library shall serve as a means for the electronic delivery of risk
management information and materials.
    ``(g) Funding Provisions.--
            ``(1) Authorization of appropriations.--There is authorized
        to be appropriated $30,000,000 for fiscal year 2001 and each
        subsequent fiscal year to carry out this section.
            ``(2) Distribution.--Funds appropriated to carry out this
        section for a fiscal year shall be equally distributed among
        the Centers, except that 2.5 percent of such funds shall be
        distributed to the National Agriculture Risk Education Library.
        The land-grant college at which a Center is located shall be
        responsible for administering and disbursing such funds, in
        accordance with applicable State and Federal financial
        guidelines, for activities authorized by this section.
            ``(3) Prohibition on construction.--Centers shall be
        located in existing facilities. Funds provided under this
        section to a Center or as a grant under subsection (e) may not
        be used to carry out facility construction.
    ``(h) Evaluation.--The Secretary, acting through the Cooperative
State Research, Education, and Extension Service, shall evaluate the
activities of the Centers to determine whether the risk management
skills of agricultural producers and their families are improved as a
result of their participation in educational activities financed using
funds appropriated pursuant to the authorization of appropriations in
subsection (g).
    ``(i) Land-Grant College Defined.--In this section, the term `land-
grant college' means any 1862 Institution, 1890 Institution, or 1994
Institution.''.

Output:
Directs the Secretary to establish a Risk Management Education Coordinating Center in each of five designated regions, to be located at an existing risk management education coordinating office or a land-grant college. Directs each Center to: (1) establish a coordinating council; (2) coordinate instructional programs, information dissemination, and resources; and (3) reserve funds for special and competitive grants to land-grant colleges and private entities to conduct such activities  States that the National Agriculture Risk Education Library shall serve as a means for the electronic delivery of risk management information and materials.
Authorizes appropriations.
Directs the Secretary, through the Cooperative State Research, Education, and Extension Service, to evaluate activities of the Centers.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Smoke-Free Environment Act of
1997''.

SEC. 2. SMOKE-FREE ENVIRONMENT POLICY.

    The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:

                ``TITLE XXVIII--SMOKE-FREE ENVIRONMENTS

``SEC. 2801. SMOKE-FREE ENVIRONMENT POLICY.

    ``(a) Policy Required.--In order to protect children and adults
from cancer, respiratory disease, heart disease, and other adverse
health effects from breathing environmental tobacco smoke, the
responsible entity for each public facility shall adopt and implement
at such facility a smoke-free environment policy which meets the
requirements of subsection (b).
    ``(b) Elements of Policy.--Each smoke-free environment policy for a
public facility shall--
            ``(1) prohibit the smoking of cigarettes, cigars, and
        pipes, and any other combustion of tobacco, within the facility
        and on facility property within the immediate vicinity of the
        entrance to the facility; and
            ``(2) post a clear and prominent notice of the smoking
        prohibition in appropriate and visible locations at the public
        facility.
The policy may provide an exception to the prohibition specified in
paragraph (1) for one or more specially designated smoking areas within
a public facility if such area or areas meet the requirements of
subsection (c).
    ``(c) Specially Designated Smoking Areas.--A specially designated
smoking area meets the requirements of this subsection if it satisfies
each of the following conditions:
            ``(1) The area is ventilated in accordance with
        specifications promulgated by the Administrator that ensure
        that air from the area is directly exhausted to the outside and
        does not recirculate or drift to other areas within the public
        facility.
            ``(2) Nonsmoking individuals do not have to enter the area
        for any purpose.
            ``(3) Children under the age of 15 are prohibited from
        entering the area.

``SEC. 2802. CITIZEN ACTIONS.

    ``(a) In General.--An action may be brought to enforce the
requirements of this title by any aggrieved person, any State or local
government agency, or the Administrator.
    ``(b) Venue.--Any action to enforce this title may be brought in
any United States district court for the district in which the
defendant resides or is doing business to enjoin any violation of this
title or to impose a civil penalty for any such violation in the amount
of not more than $5,000 per day of violation. The district courts shall
have jurisdiction, without regard to the amount in controversy or the
citizenship of the parties, to enforce this title and to impose civil
penalties under this title.
    ``(c) Notice.--An aggrieved person shall give any alleged violator
notice of at least 60 days prior to commencing an action under this
section. No action may be commenced by an aggrieved person under this
section if such alleged violator complies with the requirements of this
title within such 60-day period and thereafter.
    ``(d) Costs.--The court, in issuing any final order in any action
brought pursuant to this section, may award costs of litigation
(including reasonable attorney and expert witness fees) to any
prevailing party, whenever the court determines such award is
appropriate.
    ``(e) Penalties.--The court in any action under this section to
apply civil penalties shall have discretion to order that such civil
penalties be used for projects that further the policies of this title.
The court shall obtain the view of the Administrator in exercising such
discretion and selecting any such projects.
    ``(f) Damages.--No damages of any kind, whether compensatory or
punitive, shall be awarded in actions brought pursuant to this title.
    ``(g) Isolated Incidents.--Violations of the prohibition specified
in section 2801(b)(1) by an individual within a public facility or on
facility property shall not be considered violations of this title on
the part of the responsible entity if such violations--
            ``(1) are isolated incidents that are not part of a pattern
        of violations of such prohibition; and
            ``(2) are not authorized by the responsible entity.

``SEC. 2803. PREEMPTION.

    ``Nothing in this title shall preempt or otherwise affect any other
Federal, State or local law which provides protection from health
hazards from environmental tobacco smoke.

``SEC. 2804. REGULATIONS.

    ``The Administrator is authorized to promulgate such regulations as
the Administrator deems necessary to carry out this title.

``SEC. 2805. EFFECTIVE DATE.

    ``The requirements of this title shall take effect on the date that
is 1 year after the date of the enactment of the Smoke-Free Environment
Act of 1997.

``SEC. 2806. DEFINITIONS.

    ``In this title:
            ``(1) Administrator.--The term `Administrator' means the
        Administrator of the Environmental Protection Agency.
            ``(2) Public facility.--The term `public facility' means
        any building regularly entered by 10 or more individuals at
        least one day per week, including any such building owned by or
        leased to a Federal, State, or local government entity. Such
        term shall not include any building or portion thereof
        regularly used for residential purposes.
            ``(3) Responsible entity.--The term `responsible entity'
        means, with respect to any public facility, the owner of such
        facility, except that in the case of any such facility or
        portion thereof which is leased, such term means the lessee.''.

SEC. 3. PROHIBITIONS AGAINST SMOKING ON SCHEDULED FLIGHTS.

    (a) In General.--Section 41706 of title 49, United States Code, is
amended to read as follows:
``Sec. 41706. Prohibitions against smoking on scheduled flights
    ``(a) Smoking Prohibition in Intrastate and Interstate Air
Transportation.--An individual may not smoke in an aircraft on a
scheduled airline flight segment in interstate air transportation or
intrastate air transportation.
    ``(b) Smoking Prohibition in Foreign Air Transportation.--The
Secretary of Transportation shall require all air carriers and foreign
air carriers to prohibit, on and after the 120th day following the date
of the enactment of the Smoke-Free Environment Act of 1997, smoking in
any aircraft on a scheduled airline flight segment within the United
States or between a place in the United States and a place outside the
United States.
    ``(c) Limitation on Applicability.--With respect to an aircraft
operated by a foreign air carrier, the smoking prohibitions contained
in subsections (a) and (b) shall apply only to the passenger cabin and
lavatory of the aircraft.
    ``(d) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the 60th day following the date of the enactment of this
Act.

Output:
Smoke-Free Environment Act of 1997 - Amends the Public Health Service Act to require the responsible entity for each public facility to prohibit smoking in the facility and on facility property in the immediate vicinity of the facility entrance.  Allows designated smoking areas if:  (1) the area is ventilated in accordance with certain specifications; (2) nonsmoking individuals do not have to enter the area for any purpose; and (3) children under 15 are prohibited from entering.
Allows an action to enforce this Act by any aggrieved person, any State or local government agency, or the Administrator of the Environmental Protection Agency.  Allows injunctions and civil monetary penalties, but prohibits the award of damages of any kind.
Defines "public facility" as any building regularly entered by ten or more individuals at least one day per week, except for any building or portion thereof regularly used for residential purposes.
Amends Federal transportation law to prohibit smoking in an aircraft in scheduled interstate, intrastate, or foreign flights.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sweepstakes Toll-Free Option
Protection Act of 1999''.

SEC. 2. REQUIREMENTS OF PROMOTERS OF SKILL CONTESTS OR SWEEPSTAKES
              MAILINGS.

    (a) In General.--Chapter 30 of title 39, United States Code, is
amended by adding after section 3015 the following:
``Sec. 3016. Nonmailable skill contests or sweepstakes matter;
              notification to prohibit mailings
    ``(a) Definitions.--In this section, the term--
            ``(1) `promoter' means any person who originates and causes
        to be mailed any skill contest or sweepstakes;
            ``(2) `removal request form' means a written form stating
        that an individual--
                    ``(A) does not consent to the name and address of
                such individual being included on any list used by a
                promoter for mailing skill contests or sweepstakes; and
                    ``(B) elects to have such name and address excluded
                from any such list;
            ``(3) `skill contest' means a puzzle, game, competition, or
        other contest in which--
                    ``(A) a prize is awarded or offered;
                    ``(B) the outcome depends predominately on the
                skill of the contestant; and
                    ``(C) a purchase, payment, or donation is required
                or implied to be required to enter the contest; and
            ``(4) `sweepstakes' means a game of chance for which no
        consideration is required to enter.
    ``(b) Nonmailable Matter.--
            ``(1) In general.--Matter otherwise legally acceptable in
        the mails described under paragraph (2)--
                    ``(A) is nonmailable matter;
                    ``(B) shall not be carried or delivered by mail;
                and
                    ``(C) shall be disposed of as the Postal Service
                directs.
            ``(2) Nonmailable matter described.--Matter that is
        nonmailable matter referred to under paragraph (1) is any
        matter that--
                    ``(A) is a skill contest or sweepstakes; and
                    ``(B) is addressed to an individual who made an
                election to be excluded from lists under subsection
                (e).
    ``(c) Requirements of Promoters.--
            ``(1) Notice to individuals.--Any promoter who mails a
        skill contest or sweepstakes shall provide with each mailing a
        clear and conspicuous statement that--
                    ``(A) includes the address and toll-free telephone
                number of the notification system established under
                paragraph (2); and
                    ``(B) states the system can be used to prohibit the
                mailing of any skill contest or sweepstakes to such
                individual.
            ``(2) Notification system.--Any promoter that mails a skill
        contest or sweepstakes shall participate in the establishment
        and maintenance of a uniform notification system that provides
        for any individual (or other duly authorized person) to notify
        the system of the individual's election to have the name and
        address of the individual excluded from any list of names and
        addresses used by any promoter to mail any skill contest or
        sweepstakes; and
    ``(d) Notification System.--
            ``(1) Call to toll-free number.--If an individual contacts
        the notification system through use of the toll-free telephone
        number published under subsection (c)(2), the system shall--
                    ``(A) inform the individual of the information
                described under subsection (c)(1)(B);
                    ``(B) inform the individual that a removal request
                form shall be mailed within such 7 business days; and
                    ``(C) inform the individual that the election to
                prohibit mailings of skill contests or sweepstakes to
                that individual shall take effect 30 business days
                after receipt by the system of the signed removal
                request form or other signed written request by the
                individual.
            ``(2) Removal request form.--Upon request of the
        individual, the system shall mail a removal request form to the
        individual not later than 7 business days after the date of the
        telephone communication. A removal request form shall contain--
                    ``(A) a clear, concise statement to exclude a name
                and address from the applicable mailing lists; and
                    ``(B) no matter other than the form and the address
                of the notification system.
    ``(e) Election To Be Excluded From Lists.--
            ``(1) In general.--An individual may elect to exclude the
        name and address of such individual from all mailing lists used
        by promoters of skill contests or sweepstakes by mailing a
removal request form to the notification system established under
subsection (c).
            ``(2) Response after mailing form to the notification
        system.--Not later than 30 business days after receipt of a
        removal request form, all promoters who maintain lists
        containing the individual's name or address for purposes of
        mailing skill contests or sweepstakes shall exclude such
        individual's name and address from all such lists.
            ``(3) Effectiveness of election.--An election under
        paragraph (1) shall--
                    ``(A) be effective with respect to every promoter;
                and
                    ``(B) remain in effect, unless an individual
                notifies the system in writing that such individual--
                            ``(i) has changed the election; and
                            ``(ii) elects to receive skill contest or
                        sweepstakes mailings.
    ``(f) Promoter Nonliability.--A promoter, or any other person
maintaining the notification system established under this section,
shall not have civil liability for the exclusion of an individual's
name or address from any mailing list maintained by a promoter for
mailing skill contests or sweepstakes, if--
            ``(1) a request for removal form is received by the
        notification system; and
            ``(2) the promoter or person maintaining the system has a
        good faith belief that the request is from--
                    ``(A) the individual whose name and address is to
                be excluded; or
                    ``(B) another duly authorized person.
    ``(g) Prohibition on Commercial Use of Lists.--
            ``(1) In general.--
                    ``(A) Prohibition.--No person may provide any
                information (including the sale or rental of any name
                or address) in a list described under subparagraph (B)
                to another person for commercial use.
                    ``(B) Lists.--A list referred to under subparagraph
                (A) is any list of names and addresses (or other
                related information) used, maintained, or created by
                the system established by this Act.
            ``(2) Civil penalty.--Any person who violates paragraph (1)
        shall be assessed a civil penalty by the Postal Service.
    ``(h) Civil Penalties.--
            ``(1) In general.--Any promoter--
                    ``(A) who recklessly mails nonmailable matter in
                violation of subsection (b) shall be liable to the
                United States in an amount of $10,000 per violation for
                each mailing of nonmailable matter; or
                    ``(B) who fails to substantially comply with the
                requirements of subsection (c)(2) shall be liable to
                the United States.
            ``(2) Enforcement.--The Postal Service shall assess civil
        penalties under this section.''.
    (b) Technical and Conforming Amendments.--The table of sections for
chapter 30 of title 39, United States Code, is amended by adding after
the item relating to section 3015 the following:

``3016. Nonmailable skill contests or sweepstakes matter; notification
                            to prohibit mailings.''.

SEC. 3. STATE LAW NOT PREEMPTED.

    Nothing in this Act shall be construed to preempt any provision of
State or local law.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 1 year after the
date of enactment of this Act.

Output:
Requires any promoter who mails a skill contest or sweepstakes to: (1) provide with each mailing a clear and conspicuous statement that includes the address and toll-free telephone number of  such notification system and states that it can be used to prohibit the mailing of any skill contest or sweepstakes to such individual; and (2) participate in the establishment and maintenance of a uniform notification system that provides for any individual or other duly authorized person to notify the system of the individual's election to have his or her name and address excluded from all lists of names and address used by that promoter to mail such material.
Prohibits the commercial use of any list of names and addresses used, maintained, or created by the system.
Establishes civil penalties for: (1) persons who violate the prohibition; and (2) promoters who recklessly mail such nonmailable matter or fail to comply substantially with the notification system requirements.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Superstorm Sandy Unemployment Relief
Act of 2013''.

SEC. 2. EXTENSION OF DISASTER UNEMPLOYMENT BENEFIT PERIOD.

    (a) In General.--Notwithstanding the maximum time period for
assistance established under section 410(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5177(a)), in
the case of an individual who is eligible to receive unemployment
assistance under that section 410(a) as a result of a disaster
declaration made by reason of Hurricane Sandy after October 20, 2012,
the President shall make such assistance available for 39 weeks after
the date of the disaster declaration.
    (b) References.--References in this Act to ``Hurricane Sandy''
shall be deemed to include Tropical Storm Sandy, occurring in the Fall
of 2012.

SEC. 3. ASSISTANCE TO STATES.

    (a) Payments to States.--
            (1) In general.--Payments shall be made to a State in an
        amount equal to 100 percent of the amount of unemployment
        compensation paid under the provisions of the State law to
        affected individuals in each State in which a major disaster
        was declared with respect to that State or any area within that
        State under the Robert T. Stafford Disaster Assistance Relief
        and Emergency Assistance Act by reason of Hurricane Sandy in
        2012.
            (2) Funding and transfer of funds.--
                    (A) Funding.--There are appropriated, out of moneys
                in the Treasury not otherwise obligated, such sums as
                may be necessary for purposes of carrying out this
                section, and such sums shall not be required to be
                repaid.
                    (B) Transfers.--Notwithstanding any other provision
                of law, the Secretary of the Treasury shall transfer
                from the General Fund of the Treasury to--
                            (i) the extended unemployment compensation
                        account (as established by section 905 of the
                        Social Security Act (42 U.S.C. 1105)) such sums
                        as the Secretary of Labor estimates to be
                        necessary to make payments to States for the
                        unemployment compensation identified in
                        paragraph (1); and
                            (ii) the employment security administration
                        account (as established by section 901 of the
                        Social Security Act (42 U.S.C. 1101)) such sums
                        as the Secretary of Labor estimates to be
                        necessary for purposes of assisting States in
                        meeting the costs of administering this
                        section.
            (3) Terms of payments.--Payments made to a State under this
        section shall be made by way of advance or reimbursement.
            (4) Limitations on payments.--No payments shall be made to
        a State under this section for unemployment compensation paid
        by the State to an affected individual, if the State is
        advanced or reimbursed for the costs of such unemployment
        compensation under other provisions of Federal law.
    (b) Applicability.--Payments to a State under subsection (a) shall
be available for unemployment compensation payable with respect to
weeks of unemployment--
            (1) beginning on or after October 28, 2012; and
            (2) ending on or before July 28, 2013.
    (c) Definitions.--In this section, the following definitions shall
apply:
            (1) State; state law.--The terms ``State'' and ``State
        law'' have the meanings given those terms in section 205 of the
        Federal-State Extended Unemployment Compensation Act of 1970
        (26 U.S.C. 3304 note).
            (2) Affected individual.--The term ``affected individual''
        means an individual eligible for unemployment compensation
        under State law, whose unemployment is a direct result (as
        described in section 625.5(c) of title 20, Code of Federal
        Regulations) of the major disaster that was declared with
        respect to that State or any area within that State under the
        Robert T. Stafford Disaster Assistance Relief and Emergency
        Assistance Act by reason of Hurricane Sandy in 2012.
    (d) Sense of the Senate.--It is the sense of the Senate that--
            (1) upon receiving a reimbursement or advance under this
        section, a State should, if State law allows--
                    (A) reverse or waive any charges to employer
                accounts related to unemployment compensation paid to
                affected individuals for which the reimbursement or
                advance is provided; or
                    (B) in the case of a State or local governmental
                entity, non-profit organization, Indian tribe, or other
                employer, which elected to reimburse the State for
                unemployment compensation paid to affected individuals
                in lieu of paying taxes based on charges to its
                employer account, reimburse such employer for such
                costs; and
            (2) in the case of an affected individual in a State who,
        in relation to their initial week of unemployment during the
        applicable period under subsection (b), received a waiting
        period credit instead of an unemployment compensation payment--
                    (A) the State, if State law allows, should provide
                for retroactive payment of unemployment compensation
                for such week; and
                    (B) the State may receive reimbursement under this
                section for such retroactive payment.

SEC. 4. REGULATIONS.

    The Secretary of Labor may prescribe any operating instructions or
regulations necessary to carry out this Act.

Output: Superstorm Sandy Unemployment Relief Act of 2013 - Directs the President, in the case of an individual eligible to receive unemployment assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act as a result of the disaster declaration made for Hurricane Sandy after October 20, 2012, to make such assistance available for 39 weeks after the date of the declaration (currently limited to 26 weeks). Requires the payments to a state to equal 100% of the amount of unemployment compensation (UC) paid under state law to affected individuals in each affected state or any area within it.  Makes payments available until July 28, 2013. Makes appropriations necessary to carry out this Act. Expresses the sense of the Senate that upon receiving a reimbursement or advance under this Act, a state should, if its law allows:   reverse or waive any charges to employer accounts related to UC paid to affected individuals for which the reimbursement or advance is provided; or  reimburse for such costs any state or local governmental entity, non-profit organization, Indian tribe, or other employer which elected to reimburse the state for UC paid to affected individuals in lieu of paying taxes based on charges to its employer account; and provide for retroactive payment of UC to affected individuals who received a waiting period credit instead of an UC payment in relation to their initial week of unemployment.  Allows the state to receive reimbursement under this Act for any such retroactive payment.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Procurement
Competition Act of 2001''.

SEC. 2. DEFINITION OF COVERED CONTRACTS.

    Section 15(e)(4) of the Small Business Act (15 U.S.C. 644(e)(4)) is
amended--
            (1) by inserting after ``bundled contract'' the following:
        ``, the aggregate dollar value of which is anticipated to be
        less than $8,000,000, or any contract, whether or not the
        contract is a bundled contract, the aggregate dollar value of
        which is anticipated to be $8,000,000 or more'';
            (2) by striking ``In the'' and inserting the following:
                    ``(A) In general.--In the''; and
            (3) by adding at the end the following:
                    ``(B) Contracting goals.--
                            ``(i) In general.--A contract award under
                        this paragraph to a team that is comprised
                        entirely of small business concerns shall be
                        counted toward the small business contracting
                        goals of the contracting agency, as required by
                        this Act.
                            ``(ii) Preponderance test.--The ownership
                        of the small business that conducts the
                        preponderance of the work in a contract awarded
                        to a team described in clause (i) shall
                        determine the category or type of award for
                        purposes of meeting the contracting goals of
                        the contracting agency.''.

SEC. 3. PROPORTIONATE WORK REQUIREMENTS FOR BUNDLED CONTRACTS.

    (a) Section 8.--Section 8(a)(14)(A) of the Small Business Act (15
U.S.C. 637(a)(14)(A)) is amended--
            (1) in clause (i), by striking ``and'' at the end;
            (2) in clause (ii), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(iii) notwithstanding clauses (i) and (ii), in the case
        of a bundled contract--
                    ``(I) the concern will perform work for at least 33
                percent of the aggregate dollar value of the
                anticipated award;
                    ``(II) no other concern will perform a greater
                proportion of the work on that contract; and
                    ``(III) no other concern that is not a small
                business concern will perform work on the contract.''.
    (b) Qualified HUBZone Small Business Concerns.--Section
3(p)(5)(A)(i)(III) of the Small Business Act (15 U.S.C.
632(p)(5)(A)(i)(III)) is amended--
            (1) in item (bb), by striking ``and'' at the end;
            (2) by redesignating item (cc) as item (dd); and
            (3) by inserting after item (bb) the following:
                                            ``(cc) notwithstanding
                                        items (aa) and (bb), in the
                                        case of a bundled contract, the
                                        concern will perform work for
                                        at least 33 percent of the
                                        aggregate dollar value of the
                                        anticipated award, no other
                                        concern will perform a greater
                                        proportion of the work on that
                                        contract, and no other concern
                                        that is not a small business
                                        concern will perform work on
                                        the contract; and''.
    (c) Section 15.--Section 15(o)(1) of the Small Business Act (15
U.S.C. 644(o)(1)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(C) notwithstanding subparagraphs (A) and (B), in the
        case of a bundled contract--
                    ``(i) the concern will perform work for at least 33
                percent of the aggregate dollar value of the
                anticipated award;
                    ``(ii) no other concern will perform a greater
                proportion of the work on that contract; and
                    ``(iii) no other concern that is not a small
                business concern will perform work on the contract.''.

SEC. 4. SMALL BUSINESS PROCUREMENT COMPETITION PILOT PROGRAM.

    (a) Definitions.--In this section--
            (1) the term ``Administrator'' means the Administrator of
        the Small Business Administration;
            (2) the term ``Federal agency'' has the same meaning as in
        section 3 of the Small Business Act (15 U.S.C. 632);
            (3) the term ``Program'' means the Small Business
        Procurement Competition Program established under subsection
        (b);
            (4) the term ``small business concern'' has the same
        meaning as in section 3 of the Small Business Act (15 U.S.C.
        632); and
            (5) the term ``small business-only joint ventures'' means a
        team described in section 15(e)(4) of the Small Business Act
        (15 U.S.C. 644(e)(4)) comprised of only small business
        concerns.
    (b) Establishment of Program.--The Administrator shall establish in
the Small Business Administration a pilot program to be known as the
``Small Business Procurement Competition Program''.
    (c) Purposes of Program.--The purposes of the Program are--
            (1) to encourage small business-only joint ventures to
        compete for contract awards to fulfill the procurement needs of
        Federal agencies;
            (2) to facilitate the formation of joint ventures for
        procurement purposes among small business concerns;
            (3) to engage in outreach to small business-only joint
        ventures for Federal agency procurement purposes; and
            (4) to engage in outreach to the Director of the Office of
        Small and Disadvantaged Business Utilization and the
        procurement officer within each Federal agency.
    (d) Outreach.--Under the Program, the Administrator shall establish
procedures to conduct outreach to small business concerns interested in
forming small business-only joint ventures for the purpose of
fulfilling procurement needs of Federal agencies, subject to the rules
of the Administrator, in consultation with the heads of those Federal
agencies.
    (e) Regulatory Authority.--The Administrator shall promulgate such
regulations as may be necessary to carry out this section.
    (f) Small Business Administration Database.--The Administrator
shall establish and maintain a permanent database that identifies small
business concerns interested in forming small business-only joint
ventures, and shall make the database available to each Federal agency
and to small business concerns in electronic form to facilitate the
formation of small business-only joint ventures.
    (g) Termination of Program.--The Program (other than the database
established under subsection (f)) shall terminate 3 years after the
date of enactment of this Act.
    (h) Report to Congress.--Not later than 60 days before the date of
termination of the Program, the Administrator shall submit a report to
Congress on the results of the Program, together with any
recommendations for improvements to the Program and its potential for
use Governmentwide.
    (i) Relationship to Other Laws.--Nothing in this section waives or
modifies the applicability of any other provision of law to
procurements of any Federal agency in which small business-only joint
ventures may participate under the Program.

Output: Small Business Procurement Competition Act of 2001 - Amends the Small Business Act with respect to the participation of small businesses as contractors and subcontractors under Federal procurement contracts to: (1) revise the definition of "bundled contract"; (2) allow contracts awarded to a team composed entirely of small businesses to be counted toward the small business contracting goals; and (3) require small businesses to perform a specified percentage of work under either a bundled contract or the HUBZone Program.Directs the Administrator of the Small Business Administration to establish the Small Business Procurement Competition Program for small business-only joint ventures to compete for Federal procurement contract awards. Requires the Administrator to establish and maintain a permanent database that identifies small businesses in forming such ventures and to make the database available to each Federal agency and to all small businesses.


Input:
SECTION 1. INVESTIGATIONS BY THE FEDERAL ENERGY REGULATORY COMMISSION
              UNDER THE NATURAL GAS ACT AND FEDERAL POWER ACT.

    (a) Investigations Under the Natural Gas Act.--Section 14(c) of the
Natural Gas Act (15 U.S.C. 717m(c)) is amended--
            (1) by striking ``(c) For the purpose of'' and inserting
        the following:
    ``(c) Taking of Evidence.--
            ``(1) In general.--For the purpose of'';
            (2) by striking ``Such attendance'' and inserting the
        following:
            ``(2) No geographic limitation.--The attendance'';
            (3) by striking ``Witnesses summoned'' and inserting the
        following:
            ``(3) Expenses.--Any witness summoned''; and
            (4) by adding at the end the following:
            ``(4) Exclusive authority.--Notwithstanding any other
        provision of law, the exercise of the authorities of the
        Commission under this subsection shall not be subject to the
        consent of the Office of Management and Budget or any other
        Federal agency.''.
    (a) Investigations Under the Federal Power Act.--Section 307(b) of
the Federal Power Act (16 U.S.C. 825f(b)) is amended--
            (1) by striking ``(b) For the purpose of'' and inserting
        the following:
    ``(b) Taking of Evidence.--
            ``(1) In general.--For the purpose of'';
            (2) by striking ``Such attendance'' and inserting the
        following:
            ``(2) No geographic limitation.--The attendance'';
            (3) by striking ``Witnesses summoned'' and inserting the
        following:
            ``(3) Expenses.--Any witness summoned''; and
            (4) by adding at the end the following:
            ``(4) Exclusive authority.--Notwithstanding any other
        provision of law, the exercise of the authorities of the
        Commission under this subsection shall not be subject to the
        consent of the Office of Management and Budget or any other
        Federal agency.''.

SEC. 2. INCREASE IN CRIMINAL PENALTIES UNDER THE NATURAL GAS ACT AND
              FEDERAL POWER ACT.

    (a) Criminal Penalties Under the Natural Gas Act.--Section 21 of
the Natural Gas Act (15 U.S.C. 717t) is amended--
            (1) in subsection (a), by striking ``punished by a fine of
        not more than $5,000 or by imprisonment for not more than two
        years, or both'' and inserting ``imprisoned not more than 5
        years, fined not more than $1,000,000, or both''; and
            (2) in subsection (b), by striking ``$500 for each and
        every day during which such offense occurs'' and inserting
        ``$50,000 for each day of each violation''.
    (b) Criminal Penalties Under the Federal Power Act.--
            (1) General Penalties.--Section 316 of the Federal Power
        Act (16 U.S.C. 825o) is amended--
                    (A) in subsection (a), by striking ``punished by a
                fine of not more than $5,000 or by imprisonment for not
                more than two years or both'' and inserting
                ``imprisoned not more than 5 years, fined not more than
                $1,000,000, or both''; and
                    (B) in subsection (b), by striking ``$500 for each
                and every day during which such offense occurs'' and
                inserting ``$50,000 for each day of each violation''.
            (2) Enforcement of certain provisions.--Section 316A of the
        Federal Power Act (16 U.S.C. 825o-1) is amended--
                    (A) by striking subsection (a) and inserting the
                following:
    ``(a) Violations.--It shall be unlawful for any person--
            ``(1) to violate any provision of part II (including any
        rule or order issued under a provision of that part); or
            ``(2) to fail to comply, within a time period specified by
        the Commission, with--
                    ``(A) any written request by the Commission or a
                member of the staff of the Commission for information;
                or
                    ``(B) a formal investigation or proceeding under
                this part.''; and
                    (B) in subsection (b)--
                            (i) by striking ``section 211, 212, 213 or
                        214 or any provision of any rule or order
                        thereunder'' and inserting the following:
                        ``part II (including any rule or order issued
                        under a provision of that part) or fails to
                        comply in a timely manner with any written
                        request for information by the Commission or a
                        member of the staff of the Commission or in a
                        formal investigation or proceeding under this
                        part''; and
                            (ii) by striking ``$10,000 for each day
                        that such violation continues'' and inserting
                        ``$50,000 for each day of each violation''.

SEC. 3. CONSULTING SERVICES.

    Title IV of the Department of Energy Organization Act (42 U.S.C.
7171 et seq.) is amended by adding at the end the following:

``SEC. 408. CONSULTING SERVICES.

    ``(a) In General.--The Chairman may contract for the services of
consultants to assist the Commission in carrying out any
responsibilities of the Commission under this Act, the Federal Power
Act (16 U.S.C. 791a et seq.), or the Natural Gas Act (15 U.S.C. 717 et
seq.).
    ``(b) Applicable Law.--In contracting for consultant services under
subsection (a), if the Chairman determines that the contract is in the
public interest, the Chairman, in entering into a contract, shall not
be subject to--
            ``(1) section 5, 253, 253a, or 253b of title 41, United
        States Code; or
            ``(2) any law (including a regulation) relating to
        conflicts of interest.''.

Output: Amends the Natural Gas Act and the Federal Power Act to: (1) provide that the Federal Energy Regulatory Commission (FERC) is not subject to the consent of the Office of Management and Budget or any other Federal agency when it elects to exercise its investigative authority; and (2) increase criminal penalties for violations of these Acts.Amends the Department of Energy Organization Act to authorize the Chairman of FERC to contract for consultant services to assist the Commission in carrying out its responsibilities.States that in contracting for those services the Chairman shall not be subject to any law relating to conflicts of interest.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Beaches Environmental Assessment,
Closure, and Health Act of 1997''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Nation's beaches are a valuable public resource
        used for recreation by millions of people annually;
            (2) the beaches of coastal States are hosts to many out-of-
        State and international visitors;
            (3) tourism in the coastal zone generates billions of
        dollars annually;
            (4) increased population has contributed to the decline in
        the environmental quality of coastal waters;
            (5) pollution in coastal waters is not restricted by State
        and other political boundaries;
            (6) coastal States have different methods of testing the
        quality of coastal recreation waters, providing varying degrees
        of protection to the public;
            (7) the adoption of consistent criteria by coastal States
        for monitoring the quality of coastal recreation waters, and
        the posting of signs at beaches notifying the public during
        periods when the standards are exceeded, would enhance public
        health and safety; and
            (8) while the adoption of such criteria will enhance public
        health and safety, exceedances of such criteria should be
        addressed, where feasible, as part of a watershed approach to
        effectively identify and eliminate sources of pollution.
    (b) Purpose.--The purpose of this Act is to require uniform
criteria and procedures for testing, monitoring, and posting of coastal
recreation waters at beaches open for use by the public to protect
public safety and improve environmental quality.

SEC. 3. ADOPTION OF COASTAL RECREATIONAL WATER QUALITY CRITERIA BY
              STATES.

    (a) General Rule.--A State shall adopt water quality criteria for
coastal recreation waters which, at a minimum, are consistent with the
criteria published by the Administrator under section 304(a)(1) of the
Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)) not later
than 3\1/2\ years following the date of the enactment of this Act. Such
water quality criteria shall be developed and promulgated in accordance
with the requirements of section 303(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1313(c)). A State shall incorporate such
criteria into all appropriate programs into which such State would
incorporate other water quality criteria adopted under such section
303(c) and revise such criteria not later than 3 years following the
date of publication of revisions by the Administrator under section
4(b) of this Act.
    (b) Failure of States To Adopt.--If a State has not complied with
subsection (a) by the last day of the 3\1/2\-year period beginning on
the date of the enactment of this Act, the water quality criteria
issued by the Administrator under section 304(a)(1) of the Federal
Water Pollution Control Act shall become applicable as the water
quality criteria for coastal recreational waters for the State, and
shall be deemed to have been promulgated by the Administrator pursuant
to section 303(c)(4).

SEC. 4. REVISIONS TO WATER QUALITY CRITERIA.

    (a) Studies.--After consultation with appropriate Federal, State,
and local officials, including local health officials, and other
interested persons, but not later than the last day of the 3-year
period beginning on the date of the enactment of this Act, the
Administrator shall conduct, in cooperation with the Under Secretary of
Commerce for Oceans and Atmosphere, studies to provide additional
information to the current base of knowledge for use in developing--
            (1) a more complete list of potential health risks,
        including effects to the upper respiratory system;
            (2) better indicators for directly detecting or predicting
        in coastal recreational waters the presence of pathogens which
        are harmful to human health; and
            (3) more expeditious methods (including predictive models)
        for detecting in coastal recreation waters the presence of
        pathogens which are harmful to human health.
    (b) Revised Criteria.--Based on the results of the studies
conducted under subsection (a), the Administrator, after consultation
with appropriate Federal, State, and local officials, including local
health officials, shall issue, within 5 years after the date of the
enactment of this Act (and review and revise from time to time
thereafter, but in no event less than once every 5 years) revised water
quality criteria for pathogens in coastal recreation waters that are
harmful to human health, including a revised list of indicators and
testing methods.

SEC. 5. COASTAL BEACH WATER QUALITY MONITORING.

    Title IV of the Federal Water Pollution Control Act (33 U.S.C.
1341-1345) is amended by adding at the end thereof the following new
section:

``SEC. 406. COASTAL BEACH WATER QUALITY MONITORING.

    ``(a) Monitoring.--Within 18 months after the date of enactment of
this section, the Administrator shall publish and revise regulations
requiring monitoring of, and specifying available methods to be used by
States to monitor, coastal recreation waters at beaches open for use by
the public for compliance with applicable water quality criteria for
those waters and protection of the public safety. Monitoring
requirements established pursuant to this subsection shall, at a
minimum--
            ``(1) specify the frequency of monitoring based on the
        periods of recreational use of such waters;
            ``(2) specify the frequency of monitoring based on the
        extent and degree of use during such periods;
            ``(3) specify the frequency and location of monitoring
        based on the proximity of coastal recreation waters to known or
        identified point and nonpoint sources of pollution and in
        relation to storm events;
            ``(4) specify methods for detecting levels of pathogens
        that are harmful to human health and for identifying short-term
        increases in pathogens that are harmful to human health in
        coastal recreation waters, including in relation to storm
        events; and
            ``(5) specify the conditions and procedures under which
        discrete areas of coastal recreation waters may be exempted by
        the Administrator from the monitoring requirements of this
        subsection, if the Administrator determines that an exemption
        will not impair--
                    ``(A) compliance with the applicable water quality
                criteria for those waters; and
                    ``(B) protection of the public safety.
    ``(b) Notification Requirements.--Regulations published pursuant to
subsection (a) shall require States to provide prompt notification to
local governments and the public of exceedance of applicable water
quality criteria for State coastal recreation waters or the immediate
likelihood of such an exceedance. Notification pursuant to this
subsection shall include, at a minimum--
            ``(1) prompt communication of the occurrence, nature, and
        extent of such an exceedance, or the immediate likelihood of
        such an exceedance based on predictive models to a designated
        official of a local government having jurisdiction over land
        adjoining the coastal recreation waters for which an exceedance
        is identified; and
            ``(2) posting of signs for the period during which the
        exceedance continues, sufficient to give notice to the public
        of an exceedance of applicable water quality criteria for such
        waters and the potential risks associated with water contact
        activities in such waters.
    ``(c) Floatable Materials Monitoring Procedures.--The Administrator
shall--
            ``(1) issue guidance on uniform assessment and monitoring
        procedures for floatable materials in coastal recreation
        waters; and
            ``(2) specify the conditions under which the presence of
        floatable material shall constitute a threat to public health
        and safety.
    ``(d) State Implementation.--A State must implement a monitoring
program that conforms to the regulations issued pursuant to subsection
(a) not later than 3\1/2\ years after the date of the enactment of this
section and revise such program not later than 2 years following the
date of publication of revisions by the Administrator under subsection
(f).
    ``(e) Delegation of Responsibility.--Not later than 18 months after
the date of the enactment of this section, the Administrator shall
issue guidance establishing core performance measures for testing,
monitoring and posting programs and the delegation of such programs
under this section to local government authorities. In the case that
such responsibilities are delegated by a State to a local government
authority, or have been delegated to a local government authority
before such date of enactment, in a manner that, at a minimum, is
consistent with the guidance issued by the Administrator, State
resources shall be made available to the delegated authority for the
purpose of program implementation.
    ``(f) Review and Revision of Regulations.--The Administrator shall
review and revise regulations published pursuant to this section
periodically, but in no event less than once every 5 years.
    ``(g) Definitions.--In this section, the following definitions
apply:
            ``(1) Coastal recreation waters.--The term `coastal
        recreation waters' means Great Lakes and marine coastal waters
        (including bays) used by the public for swimming, bathing,
        surfing, or other similar water contact activities.
            ``(2) Floatable materials.--The term `floatable materials'
        means any foreign matter that may float or remain suspended in
        the water column and includes plastic, aluminum cans, wood,
        bottles, and paper products.''.

SEC. 6. REPORT TO CONGRESS.

    Not later than 4 years after the date of the enactment of this Act,
and periodically thereafter, the Administrator shall submit to Congress
a report including--
            (1) recommendations concerning the need for additional
        water quality criteria and other actions needed to improve the
        quality of coastal recreation waters; and
            (2) an evaluation of State efforts to implement this Act,
        including the amendments made by this Act.

SEC. 7. GRANTS TO STATES.

    (a) Grants.--Subject to subsection (c), the Administrator may make
grants to States for use in fulfilling requirements established
pursuant to section 3 of this Act and section 406 of the Federal Water
Pollution Control Act.
    (b) Cost Sharing.--The total amount of grants to a State under this
section for a fiscal year shall not exceed 50 percent of the cost to
the State of implementing requirements established pursuant to section
3 of this Act and section 406 of the Federal Water Pollution Control
Act.
    (c) Eligible State.--After the last day of the 3\1/2\-year period
beginning on the date of the enactment of this Act, the Administrator
may make a grant to a State under this section only if the State
demonstrates to the satisfaction of the Administrator that it is
implementing its monitoring and posting program under section 406 of
the Federal Water Pollution Control Act.

SEC. 8. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Coastal recreation waters.--The term ``coastal
        recreation waters'' means Great Lakes and marine coastal waters
        (including bays) used by the public for swimming, bathing,
        surfing, or other similar body contact purposes.
            (3) Floatable materials.--The term ``floatable materials''
        means any foreign matter that may float or remain suspended in
        the water column and includes plastic, aluminum cans, wood,
        bottles, and paper products.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Administrator--
            (1) for use in making grants to States under section 7 not
        more than $4,500,000 for each of the fiscal years 1998 through
        2002; and
            (2) for carrying out the other provisions of this Act not
        more than $1,500,000 for each of the fiscal years 1998 through
        2002.

Output:
Beaches Environmental Assessment, Closure, and Health Act of 1997 - Requires States to adopt water quality criteria for coastal recreation waters consistent with those published by the Administrator of the Environmental Protection Agency under the Federal Water Pollution Control Act.
Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks; and (2) better indicators and more expeditious methods for detecting or predicting the presence of pathogens in coastal recreational waters.  Requires the Administrator to issue revised water quality criteria for pathogens in such waters that are harmful to human health.
Amends the Federal Water Pollution Control Act to direct the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments and the public of exceedances, or the likelihood of exceedances, of water quality criteria for such waters.
Directs the Administrator to:  (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in such waters; and (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety.
Requires the Administrator to issue guidance establishing core performance measures for testing, monitoring, and posting programs and for the delegation of such programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated.
Authorizes the Administrator to make grants to States to fulfill requirements under this Act.
Authorizes appropriations.