Input:
SECTION 1. PETITIONS CLAIMING UNREASONABLY HIGH AIR FARES OR INADEQUATE
              AIR CARRIER COMPETITION AT AIRPORTS.

    Section 41712 of title 49, United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``On the
        initiative''; and
            (2) by adding at the end the following:
    ``(b) Petitions Claiming Unreasonably High Air Fares or Inadequate
Air Carrier Competition at Airports.--
            ``(1) In general.--If the Secretary receives a petition
        submitted by the sponsor of a commercial service airport (or by
        the attorney general of a State on behalf of 1 or more persons,
        including governmental entities, with respect to an airport)
        claiming that fares for scheduled air transportation at the
        airport are unreasonably high, or that competition between air
        carriers at the airport is inadequate, the Secretary shall
        investigate and hold a public hearing on the petition before
        the expiration of the 90-day period beginning on the date of
        receipt of the petition.
            ``(2) Location of hearing.--A public hearing under
        paragraph (1) shall be held in the community served by the
        airport if requested in the petition and if practicable.
            ``(3) Information to be provided by air carriers.--An air
        carrier providing air transportation at the airport shall
        provide to the Secretary pursuant to section 41708 such
        information concerning fares for air transportation and air
        service at the airport as the Secretary considers necessary to
        making findings in response to the petition.
            ``(4) Opportunity to testify.--A sponsor of an airport or
        an attorney general of a State submitting a petition under
        paragraph (1), and each air carrier providing air
        transportation at the airport, shall be provided an opportunity
        to testify at the public hearing conducted with respect to the
        petition. The Secretary may also take testimony from other
        interested persons and shall consider all written petitions
        received in response to each petition.
            ``(5) Findings.--Not later than 60 days after the date on
        which a public hearing is convened with respect to a petition
        submitted under this subsection, the Secretary shall issue
        written findings in response to the issues raised in the
        petition, including, at a minimum, findings as to--
                    ``(A) subject to paragraph (8), whether fares for
                air transportation at the airport are substantially
                higher than at comparable airports in the Nation;
                    ``(B) whether air carrier costs to provide air
                transportation at the airport appear substantially
                higher than at comparable airports;
                    ``(C) whether barriers to entry are discouraging or
                preventing other air carriers from initiating
                competitive air transportation at the airport;
                    ``(D) whether marketing practices described in
                subsection (c) or other air carrier practices are
                contributing to such barriers to entry or are otherwise
                resulting in higher air carrier costs or higher fares
                for air transportation; and
                    ``(E) as appropriate, whether any programs under
                the Secretary's authority could be helpful to airports
                in marketing their facilities to air carriers, reducing
                fares for air transportation, or minimizing barriers to
                entry by other air carriers seeking to provide air
                transportation at the airport.
            ``(6) Subsequent petitions.--If the Secretary receives a
        petition under this section with respect to an airport for
        which the Secretary has previously conducted an investigation
        and public hearing under this subsection, the Secretary may
        decide not to conduct a subsequent investigation and public
        hearing in response to the new petition. In deciding whether to
        conduct the investigation and public hearing, the Secretary
        shall consider whether changed circumstances may have limited
        the continuing validity of the Secretary's previous findings
        with respect to the airport.
            ``(7) Reports to congress.--Not later than 180 days after
        the date of enactment of this subsection, and at the end of
        each 180-day period thereafter, the Secretary shall transmit to
        Congress a report on the results of the investigations, if any,
        completed under this subsection during that period.
            ``(8) Limitation on statutory construction.--Nothing in
        this subsection may be construed to authorize the Secretary to
        set or invalidate any fare for air transportation.
    ``(c) Marketing Practices That Adversely Affect Air Carrier
Competition.--
            ``(1) Review.--Not later than 180 days after the date of
        enactment of this subsection, the Secretary shall review the
        marketing practices of air carriers that may inhibit the
        availability of quality, affordable air transportation services
        to commercial service airports, including--
                    ``(A) marketing arrangements between air carriers
                and travel agents;
                    ``(B) code-sharing partnerships;
                    ``(C) frequent flyer incentive programs and
                restrictions on purchases of frequent flyer mileage by
                other air carriers;
                    ``(D) computer reservation system displays;
                    ``(E) gate arrangements at airports;
                    ``(F) exclusive dealing arrangements; and
                    ``(G) any other marketing practices that may have
                similar impacts.
            ``(2) Regulations.--If the Secretary finds, after
        conducting the review required by paragraph (1), that 1 or more
        marketing practices of air carriers inhibit the availability of
        quality, affordable air transportation services at commercial
        service airports, the Secretary, after providing notice and an
        opportunity for public comment, shall issue regulations to
        address the marketing practices.''.

Output:
Amends Federal aviation law to require the Secretary of Transportation to investigate and hold a public hearing with respect to each petition by the sponsor of a commercial service airport (or by the attorney general of a State on behalf of one or more persons, including governmental entities, with respect to an airport) claiming that fares for air transportation at an airport are unreasonably high, or that competition between air carriers at the airport is inadequate. Directs the Secretary to: (1) issue written findings in response to the issues raised in the petition; and (2) report to Congress the results of the investigations, if any.
Directs the Secretary to review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to commercial service airports.  Requires the Secretary, if it is determined that one or more marketing practices of air carriers inhibit such services, to issue regulations addressing such practices.


Input:
SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) Family offices are not of national concern in that
        their advice, counsel, publications, writings, analyses, and
        reports are not furnished or distributed to clients on a retail
        basis, but are instead furnished or distributed only to persons
        who are members of a particular family.
            (2) Family offices do not hold themselves out to the public
        as investment advisers.
            (3) Family offices do not engage in the business of
        advising others, but instead provide a wide range of services
        to members of the family they serve, only one of which involves
        investment advice, for which they may receive compensation from
        the members of the family.
            (4) Since the Investment Advisers Act of 1940 was enacted,
        the Securities and Exchange Commission has regularly issued
        orders to individual family offices exempting them from all of
        the provisions of the Investment Advisers Act of 1940.
            (5) Section 409 of the Dodd-Frank Wall Street Reform and
        Consumer Protection Act expressly exempts family offices from
        all of the provisions of the Investment Advisers Act of 1940.
            (6) It was the intent of Congress that section 409 of the
        Dodd-Frank Wall Street Reform and Consumer Protection Act be
        interpreted broadly to encompass all family offices as they are
        currently organized and operated, as well as to encompass
        changes in the organization and operation of family offices in
        the future.

SEC. 2. FAMILY OFFICE DEFINITION.

    Section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-2(a)) is amended--
            (1) in paragraph (11)(G), in the matter added by section
        409(a) of the Dodd-Frank Wall Street Reform and Consumer
        Protection Act, by striking ``, as defined by rule, regulation,
        or order of the Commission, in accordance with the purposes of
        this title'';
            (2) by redesignating the second paragraph (29), as added by
        section 770 of the Dodd-Frank Wall Street Reform and Consumer
        Protection Act, as paragraph (31); and
            (3) by adding at the end the following new paragraph:
            ``(32) Family office.--
                    ``(A) In general.--The term `family office' means a
                company (including any director, partner, trustee, or
                employee of such company, when acting in their
                respective capacities as such) that--
                            ``(i) has no clients other than family
                        clients;
                            ``(ii) is--
                                    ``(I) owned, directly or
                                indirectly, by,
                                    ``(II) controlled, directly or
                                indirectly, by, or
                                    ``(III) operated primarily for the
                                benefit of,
                        family clients; and
                            ``(iii) does not hold itself out to the
                        public as an investment adviser.
                    ``(B) Grandfathering.--A person described under
                section 409(b)(3) of the Dodd-Frank Wall Street Reform
                and Consumer Protection Act, but who otherwise meets
                the requirements under subparagraph (A), shall qualify
                as a family office.
                    ``(C) Definitions.--For purposes of this paragraph:
                            ``(i) Control.--The term `control' means
                        the power to exercise a controlling influence
                        over the management or policies of a company,
                        unless such power is solely the result of being
                        an officer of such company.
                            ``(ii) Family client.--The term `family
                        client' means:
                                    ``(I) Any family member.
                                    ``(II) Any key employee.
                                    ``(III) Any charitable foundation,
                                charitable organization, charitable
                                trust, or other non-profit organization
                                established or controlled, directly or
                                indirectly, by persons one or more of
                                whom is a family client.
                                    ``(IV) Any trust or estate funded
                                exclusively by one or more family
                                members or established primarily for
                                the benefit of one or more family
                                clients.
                                    ``(V) Any limited liability
                                company, partnership, corporation, or
                                other entity, if--
                                            ``(aa) such entity is
                                        majority-owned or controlled,
                                        directly or indirectly, by, or
                                        operated primarily for the
                                        benefit of, one or more family
                                        clients;
                                            ``(bb) the family office is
                                        giving investment advice to
                                        such entity; and
                                            ``(cc) persons who are not
                                        otherwise defined as a family
                                        client do not own interests in
                                        such entity.
                                    ``(VI) Any former family member.
                                    ``(VII) Any former key employee,
                                if, upon the termination of such
                                individual's employment by the family
                                office or family client, the former key
                                employee shall not receive investment
                                advice from the family office or the
                                family client (or invest additional
                                assets with a family office-advised
                                trust, charitable foundation, or
                                entity), other than with respect to
                                assets advised, directly or indirectly,
                                by the family office or family client
                                immediately prior to the termination of
                                such individual's employment, except
                                that a former key employee shall be
                                permitted to receive investment advice
                                from the family office with respect to
                                additional investments that the former
                                key employee was contractually
                                obligated to make, and that relate to a
                                family office advised investment
                                existing, in each case, prior to the
                                time the person became a former key
                                employee. For purposes of this
                                subclause, the term `family office'
                                shall include any entity described
                                under subclause (V).
                            ``(iii) Family member.--
                                    ``(I) In general.--The term `family
                                member' means:
                                            ``(aa) Any natural person
                                        whose economic activities
                                        created or substantially
                                        contributed to the family's
                                        wealth, and such person's
                                        spouse.
                                            ``(bb) The siblings,
                                        parents, grandparents of a
                                        person described in item (aa).
                                            ``(cc) The spouse of a
                                        person described in item (bb).
                                            ``(dd) The siblings of a
                                        person described in item (bb)
                                        or (cc).
                                            ``(ee) The spouse of a
                                        person described in item (dd).
                                            ``(ff) The lineal
                                        descendant of a person
                                        described in item (bb), (cc),
                                        (dd), or (ee).
                                            ``(gg) The spouse of a
                                        person described in item (ff).
                                    ``(II) Construction.--For purposes
                                of this clause--
                                            ``(aa) the term `lineal
                                        descendant' includes natural
                                        children, adopted children, and
                                        stepchildren;
                                            ``(bb) the term `spouse'
                                        includes spousal equivalents;
                                        and
                                            ``(cc) the terms
                                        `siblings', `parents', and
                                        `grandparents' include step-
                                        siblings, step-parents, and
                                        step-grandparents,
                                        respectively.
                            ``(iv) Former family member.--The term
                        `former family member' means a spouse or a
                        descendant who was a family member but is no
                        longer a family member due to a divorce or
                        other similar event.
                            ``(v) Key employee.--The term `key
                        employee' means any natural person (and such
                        person's spouse or lineal descendant) who is an
                        executive officer, director, trustee, general
                        partner, or person serving in a similar
                        capacity, of the family office or any employee
                        of the family office (other than an employee
                        performing solely clerical, secretarial, or
                        administrative functions) who, in connection
                        with his or her regular functions or duties,
                        participates in the investment activities of
                        the family office. For purposes of this
                        subclause, the term `family office' shall
                        include any entity described under clause
                        (ii)(V).
                            ``(vi) Spousal equivalent.--The term
                        `spousal equivalent' means a cohabitant
                        occupying a relationship generally equivalent
                        to that of a spouse.
                    ``(D) Involuntary events.--If--
                            ``(i) a person that is not a family client
                        becomes a client of the family office as a
                        result of the death of a family member or key
                        employee or other involuntary transfer from a
                        family member or key employee, or
                            ``(ii) a person ceases to be a family
                        client,
                that person shall be deemed to be a family client until
                the end of the 1-year period beginning on the date that
                it is both legally and practically feasible for the
                family office to transfer the affected assets to such
                person, but in no event earlier than 1 year from the
                date that it becomes legally feasible to transfer the
                affected assets unless it becomes practically feasible
                to affect such a transfer sooner.''.

Output: Amends the Investment Advisers Act of 1940 to define "family office" (exempt from coverage by the Act) as a company (including any director, partner, trustee, or employee of such company, when acting in their respective capacities as such) that has no clients other than family clients and is owned, controlled, or operated primarily for the benefit of family clients and does not hold itself out to the public as an investment adviser.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigrant Children's Educational
Advancement and Dropout Prevention Act of 2001''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Undocumented children come to the United States for a
        variety of reasons. Most are brought to the United States by
        adults and have no ability to make an independent decision
        about whether or not to migrate to the United States. Some come
        with their parents. Others are brought by smugglers and
        traffickers intent on exploiting them.
            (2) It is the policy of the United States Government,
        supported both by acts of Congress and Supreme Court precedent,
        to permit undocumented children to attend public schools in the
        United States. This policy is rooted in recognition of the fact
        that such children often are not in a position to make an
        independent decision about where they will live, of the
        vulnerability of children, and by the desire to ensure that
        such children have an opportunity to become educated while in
        the United States.
            (3) Each year, 50,000 to 75,000 such undocumented children
        graduate from United States public schools after having resided
        in the United States for 5 or more years.
            (4) Young children who have resided in the United States
        for a substantial period of their lives often are acculturated
        as Americans, including learning to speak English. Often, they
        consider themselves Americans and have little or no knowledge
        or ties to the country in which they were born.
            (5) Current law provides little avenue for long-staying
        alien children to regularize their immigration status. This, in
        turn, prevents them from continuing their education past high
        school, making it less likely that they will succeed in life
        and encouraging many to drop out of high school before
        graduating.
            (6) While current law requires State and local governments
        to provide elementary and secondary education to undocumented
        alien children, the law effectively precludes State and local
        governments from providing in-State tuition to these same alien
        children once they have graduated from high school.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide an opportunity to certain alien children who
        were brought to the United States at a young age and have since
        been acculturated in the United States to adjust their status
        to lawful permanent residency and become contributing members
        of United States society;
            (2) to restore to each State the flexibility to provide in-
        State tuition to all children residing in the State, including
        to undocumented alien children; and
            (3) to permit and encourage alien children who were brought
        to the United States at a young age and have been educated in
        United States elementary and secondary schools to continue
        their education through high school graduation and into
        college.

SEC. 3. ATTORNEY GENERAL AUTHORITY TO ADJUST STATUS OF CERTAIN
              CHILDREN.

    (a) In General.--Section 240A(b) of the Immigration and Nationality
Act (8 U.S.C. 1229b(b)) is amended--
            (1) in paragraph (3)--
                    (A) by striking ``paragraph (1) or (2)'' and
                inserting ``paragraph (1), (2), or (3)'' each place it
                appears;
                    (B) by redesignating such paragraph as paragraph
                (5); and
                    (C) by moving such paragraph to follow paragraph
                (4); and
            (2) by inserting after paragraph (2) the following new
        paragraph:
            ``(3) Rule for alien residents brought to the united states
        as children.--
                    ``(A) Authority.--Subject to the restrictions in
                subparagraph (D), the Attorney General shall cancel
                removal of, and adjust to the status of an alien
                lawfully admitted for permanent residence, an alien who
                is inadmissible or deportable from the United States if
                the alien demonstrates that--
                            ``(i) in the case of an alien who--
                                    ``(I) has not attained the age of
                                21 at the time of application, the
                                alien has been physically present in
                                the United States for a continuous
                                period of not less than five years
                                immediately preceding the date of such
                                application, or
                                    ``(II) has attained the age of 21
                                but had not attained the age of 25 at
                                the time of application, such alien has
                                been physically present in the United
                                States for a continuous period of not
                                less than five years immediately
                                preceding the date of such application,
                                including the five years immediately
                                preceding the attainment of the age of
                                21;
                            ``(ii) the alien has been a person of good
                        moral character during the five-year period
                        preceding the application and admission; and
                            ``(iii) the alien is either a secondary
                        school student in the United States, is
                        attending an accredited two-year or four-year
                        post secondary educational institution in the
                        United States, or has submitted an application
                        for admission to an accredited two-year or
                        four-year post-secondary educational
                        institution in the United States.
                    ``(B) Treatment of minor children.--The status of
                an alien shall be adjusted by the Attorney General to
                that of an alien lawfully admitted for permanent
                residence if the alien is the child of an alien
                described in subparagraph (A).
                    ``(C) Application for relief.--The Attorney General
                shall provide a procedure by regulation allowing
                eligible individuals to apply affirmatively for the
                relief available under this paragraph without being
                placed in removal proceedings.
                    ``(D) Restrictions on authority.--The provisions of
                this paragraph shall not apply to any of the following
                aliens:
                            ``(i) An alien who is inadmissible under
                        section 212(a)(2)(A)(i)(I) or is deportable
                        under section 237(a)(2)(A)(i) (relating to
                        crimes of moral turpitude) unless the Attorney
                        General determines that the alien's removal
                        would result in extreme hardship to the alien,
                        the alien's child, or (in the case of an alien
                        who is a child) to the alien's parent.
                            ``(ii) An alien who is inadmissible under
                        section 212(a)(3) or is deportable under
                        section 237(a)(2)(D)(i) or 237(a)(2)(D)(ii)
                        (relating to security and related grounds).''.
    (b) Exemption From Numerical Limitations.--Section 240A(e)(3) of
such Act (8 U.S.C. 1229b(e)) is amended by adding at the end the
following new subparagraph:
                    ``(C) Aliens described in subsection (b)(3).''.

SEC. 4. ELIGIBILITY OF CANCELLATION APPLICANTS FOR FEDERAL AND STATE
              HIGHER EDUCATION ASSISTANCE.

    Notwithstanding any other provision of law, a child who has applied
for relief under section 240A(b)(3) of the Immigration and Nationality
Act (as added by the section 3(a)) but whose application has not been
finally adjudicated, shall be deemed to be a ``qualified alien'' under
section 431(b) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1641(b)) for the purpose of
receiving any post-secondary education benefit, including any grants,
loans, or scholarships.

SEC. 5. STATE CONTROL OVER HIGHER EDUCATION ADMISSIONS IN STATE
              SYSTEMS.

    (a) In General.--Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
110 Stat 3009-672; 8 U.S.C. 1623) is hereby repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.

Output: Immigrant Children's Educational Advancement and Dropout Prevention Act of 2001 - Amends the Immigration and Nationality Act to direct the Attorney General to cancel the removal of, and adjust to permanent resident status, certain (inadmissible or deportable) alien secondary or college students with qualifying years of U.S. residency. Makes such aliens eligible for Federal and State higher education assistance during the pendency of their application for cancellation of removal.Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to repeal the provision prohibiting an unlawful alien's eligibility for higher education benefits based on State residence unless a U.S. national is similarly eligible without regard to such State residence.


Input:
entitled ``A Joint Resolution to approve the
        `Covenant To Establish a Commonwealth of the Northern Mariana
        Islands in Political Union with the United States of America',
        and for other purposes'', approved March 24, 1976 (48 U.S.C.
        1806(e)), as added by section 702 of the Consolidated Natural
        Resources Act of 2008 (Public Law 110-229; 122 Stat. 854)), is
        amended--
                    (A) in subparagraph (A), by striking ``subparagraph
                (B),'' and adding ``subparagraphs (B) and (C),'';
                    (B) by redesignating subparagraph (B) as
                subparagraph (D); and
                    (C) by inserting after subparagraph (A) the
                following:
                    ``(B) Special rule.--
                            ``(i) In general.--Except as provided in
                        subparagraph (D), no alien who is described in
                        clause (ii) may be removed from the United
                        States on the grounds that such alien's
                        presence in the Commonwealth of the Northern
                        Mariana Islands is in violation of section
                        212(a)(6)(A) of the Immigration and Nationality
                        Act (8 U.S.C. 1182(a)(6)(A)), prior to the date
                        that is 5 years after the transition program
                        effective date.
                            ``(ii) Alien described.--An alien described
                        in this clause is an alien who--
                                    ``(I) on May 8, 2008, was a
                                resident of the Commonwealth of the
                                Northern Mariana Islands and was--
                                            ``(aa) a permanent resident
                                        (as that term is defined in
                                        part 5-40.0-201 of the Northern
                                        Mariana Islands Administrative
                                        Code);
                                            ``(bb) an immediate
                                        relative of a citizen (as those
                                        terms are defined in such part
                                        5-40.0-201); or
                                            ``(cc) the parent of a
                                        citizen (as that term is
                                        defined in such part 5-40.0-
                                        201) who was under 21 years of
                                        age; and
                                    ``(II) on the transition program
                                effective date, was lawfully present in
                                the Commonwealth of the Northern
                                Mariana Islands or only temporarily
                                absent from the Commonwealth pursuant
                                to the immigration laws of the
                                Commonwealth.
                    ``(C) Special nonimmigrant visa for parents.--
                            ``(i) In general.--An alien parent
                        described in subparagraph (B)(ii)(cc) is
                        eligible for a special nonimmigrant visa issued
                        pursuant to this subparagraph. Such visa
                        shall--
                                    ``(I) grant the alien all of the
                                privileges granted to an alien lawfully
                                admitted for permanent residence,
                                except that the alien shall reside in
                                the Commonwealth of the Northern
                                Mariana Islands; and
                                    ``(II) be valid until the earlier
                                of--
                                            ``(aa) the date that the
                                        child of the alien petitions
                                        for an adjustment of status for
                                        the alien to that of an alien
                                        lawfully admitted for permanent
                                        residence (as that term is
                                        defined in section 101(a)(20)
                                        of the Immigration and
                                        Nationality Act (8 U.S.C.
                                        1101(a)(20)));
                                            ``(bb) the date that the
                                        alien ceases to reside in the
                                        Commonwealth; or
                                            ``(cc) November 28, 2014.
                            ``(ii) Petitions for adjustment of
                        status.--A child of an alien parent described
                        in subparagraph (B)(ii)(cc) may petition for an
                        adjustment of status for the alien parent as
                        described in clause (i)(II)(aa) during the
                        period beginning on January 1, 2014, and ending
                        on November 28, 2014, regardless of the age of
                        the child.''.
            (2) Construction.--Such paragraph (1), as amended by
        paragraph (1) of this subsection, is further amended by adding
        at the end the following:
                    ``(E) Construction.--This paragraph shall be
                construed to permit an alien who may not be removed
                212(a)(6)(A) of the Immigration and Nationality Act (8
                U.S.C. 1182(a)(6)(A)) under subparagraph (A) or (B) of
                this paragraph to leave the Commonwealth of the
                Northern Mariana Islands for a temporary absence and
                return to the Commonwealth pursuant to the entrance
                permit issued to the alien by the Commonwealth.''.
            (3) Employment authorization.--Paragraph (2) of such
        section 6(e), is amended--
                    (A) by redesignating subparagraphs (A) and (B) as
                clauses (i) and (ii), respectively, and moving such
                clauses two ems to the right;
                    (B) by striking ``An alien'' and inserting the
                following:
                    ``(A) In general.--Except as provided in
                subparagraph (B), an alien''; and
                    (C) by adding at the end the following:
                    ``(B) Special rule.--An alien who is described in
                paragraph (1)(B)(ii) shall be considered authorized by
                the Secretary of Homeland Security to be employed in
                the Commonwealth of the Northern Mariana Islands until
                the date that is 5 years after the transition program
                effective date.''.
            (4) Registration.--Paragraph 3 of such section 6(e) is
        amended to read as follows:
            ``(3) Registration.--
                    ``(A) Requirement for registration.--Beginning not
                later than November 28, 2009, and on an on-going basis,
                the Secretary of Homeland Security shall require any
                alien present in the Commonwealth of the Northern
                Mariana Islands on or after the transition period
                effective date to register with the Secretary.
                    ``(B) Schedule for initial registration.--The
                Secretary shall complete the initial registration of
                all aliens required to register under subparagraph (A)
                not later than February 1, 2010.
                    ``(C) Inapplicability of prohibition on removal and
                employment authorization.--Paragraphs (1) and (2) shall
                not apply to any alien who fails to register as
                required by this paragraph.
                    ``(D) Cooperation.--Notwithstanding any other
                provision of law, the Government of the Commonwealth of
                the Northern Mariana Islands shall provide to the
                Secretary all Commonwealth immigration records or other
                information that the Secretary deems necessary to
                assist in the implementation of this paragraph or other
                provisions of the Consolidated Natural Resources Act of
                2008 (Public Law 110-229; 122 Stat. 854) or any
                amendment made by that Act.
                    ``(E) Construction with the ina.--Nothing in this
                paragraph may be construed to modify or limit the
                application of section 262 of the Immigration and
                Nationality Act (8 U.S.C. 1302) or any other provision
                of the Immigration and Nationality Act (8 U.S.C. 1101
                et seq.) relating to the registration of aliens.''.

SEC. 2. ADJUSTMENT OF STATUS FOR PERMANENT RESIDENTS OF THE
              COMMONWEALTH.

    Section 6 of the Joint Resolution entitled ``A Joint Resolution to
approve the `Covenant To Establish a Commonwealth of the Northern
Mariana Islands in Political Union with the United States of America',
and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806(e)),
as added by section 702 of the Consolidated Natural Resources Act of
2008 (Public Law 110-229; 122 Stat. 854)) is amended--
            (1) by redesignating subsections (f), (g), and (h), as
        subsections (g), (h), and (i), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) Adjustment of Status for Permanent Residents of the
Commonwealth.--
            ``(1) Special nonimmigrant visa.--An alien who was, on May
        8, 2008, described in part 5-40.1-200 of the Administrative
        Code of the Northern Mariana Islands (as in effect on such
        date) is eligible for a special nonimmigrant visa issued
        pursuant to this paragraph. Such visa shall--
                    ``(A) grant the alien all of the privileges granted
                to an alien lawfully admitted for permanent residence,
                except that the alien shall reside in the Commonwealth
                of the Northern Mariana Islands; and
                    ``(B) be valid until the earlier of--
                            ``(i) the date on which the alien adjusts
                        status under paragraph (2); or
                            ``(ii) the date on which the alien ceases
                        to reside in the Commonwealth.
            ``(2) Adjustment of status.--An alien is eligible for an
        adjustment of status to that of an alien lawfully admitted for
        permanent residence (as that term is defined in section
        101(a)(20) of the Immigration and Nationality Act (8 U.S.C.
        1101(a)(20))), pursuant to this paragraph, if the alien--
                    ``(A) was, on May 8, 2008, described in part 5-
                40.1-200 of the Administrative Code of the Northern
                Mariana Islands (as in effect on such date); and
                    ``(B) applies for such status during the period
                beginning on January 1, 2014, and ending on November
                28, 2014.''.

SEC. 3. NORTHERN MARIANA ISLANDS VISITOR ENTRY PROGRAM TRANSITION.

    (a) In General.--Notwithstanding section 705(b) of the Consolidated
Natural Resources Act of 2008 (48 U.S.C. 1806(b)), the amendments made
by section 702(b) of such Act shall take effect on the date that is 180
days after the transition program effective date described in section
6(a) of Public Law 94-241 (48 U.S.C. 1806(a)) (as added by section
702(a) of the Consolidated Natural Resources Act of 2008). In a case in
which the transition program effective date has been modified under
paragraph (3) of such section 6(a) before the date of the enactment of
this Act, such amendments shall take effect on the date that is 180
days after the modified date.
    (b) Treatment of CNMI Visitor Entry Program.--During the 180-day
period referred to in subsection (a), the Secretary of Homeland
Security shall administer the visitor entry program of the Commonwealth
of the Northern Mariana Islands consistent with the provisions of
Commonwealth law governing the program that were in effect on the day
before the commencement of such period.

SEC. 4. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF THE
              COMMONWEALTH.

    (a) In General.--The Consolidated Natural Resources Act of 2008
(Public Law 110-229; 122 Stat. 754) is amended by inserting after
section 703 the following:

``SEC. 703A. FAMILY-BASED IMMIGRATION FEE REDUCTION FOR RESIDENTS OF
              THE COMMONWEALTH.

    ``(a) Family-Based Immigration Benefit Application and Petition
Fees.--
            ``(1) In general.--The Secretary of State, the Attorney
        General, and the Secretary of Homeland Security shall reduce
        the fees for family-based immigration benefit applications and
        petitions (including associated fees, such as fees for
        fingerprinting or supporting documents) collected from
        residents of the Commonwealth of the Northern Mariana Islands
        who had immediate relative status pursuant to the immigration
        laws of the Commonwealth of the Northern Mariana Islands on May
        8, 2008.
            ``(2) Amount of reduction.--The amount of the reduction
        shall be established by the Secretary of Homeland Security. It
        shall be a percentage reduction that is as least as great as
        the difference (expressed as a percentage) between the average
        per capita income in the Commonwealth of the Northern Mariana
        Islands and the average national per capita income in the
        United States as a whole (as determined according to the most
        recent data available from the Bureau of the Census).
    ``(b) Requirements for Sponsor's Affidavit of Support.--In the case
of a resident of the Commonwealth of the Northern Mariana Islands who
had immediate relative status pursuant to the immigration laws of the
Commonwealth of the Northern Mariana Islands on May 8, 2008, section
213A(f)(1)(E) of the Immigration and Nationality Act (8 U.S.C.
1183a(f)(1)(E)) shall not apply.
    ``(c) Effective Date.--This section shall take effect on the date
of the enactment of this section and shall cease to be effective on
December 31, 2014.''.
    (b) Clerical Amendment.--The table of contents for the Consolidated
Natural Resources Act of 2008 (16 U.S.C. 1 note) is amended by
inserting after the item relating to section 703 the following:

``703A. Family-based immigration fee reduction for residents of the
                            Commonwealth.''.

SEC. 5. EFFECTIVE DATES.

    (a) Section 3.--Section 3 shall take effect on the date of the
enactment of this Act.
    (b) Section 4.--Section 703A of the Consolidated Natural Resources
Act of 2008, as added by section 4 of this Act, shall be effective in
accordance with subsection (c) of such section 703A.
    (c) Other Provisions.--Except as provided in subsection (b), the
amendments made by this Act shall take effect as if included in the
enactment of subtitle A of title VII of the Consolidated Natural
Resources Act of 2008.

Output:
Prohibits, subject to an existing provision, an alien who on May 8, 2008, was a resident of the Commonwealth of the Northern Mariana Islands (CNMI) from being removed from the United States on the grounds of illegal presence in the CNMI prior to the date that is five years after the transition program effective date if such alien is lawfully present in the CNMI on such date and is: (1) a permanent resident of the CNMI; (2) an immediate relative of a citizen; or (3) the parent of a citizen who was under 21 years old.

Makes such an alien parent eligible for a special nonimmigrant visa. Specifies conditions for such visa, including the requirement that the parent reside in the CNMI.

Makes an alien who, as of May 8, 2008, was subject to CNMI immigration regulations eligible for a special nonimmigrant visa. Provides that such visa shall: (1) grant the alien all the privileges of an alien lawfully admitted for permanent residence except that the alien must reside in the CNMI; and (2) be valid until the earlier of the date on which the alien adjusts to permanent resident status or the date on which the alien ceases to reside in the CNMI.

Makes an alien who, as of May 8, 2008, was subject to CNMI immigration regulations eligible for adjustment to permanent resident status if such alien applies for adjustment between January 1, 2014-November 28, 2014.

Extends the effective date of the CNMI visitor entry program for 180 days. Directs the Secretary of Homeland Security (DHS) to administer the program during such 180-day period consistent with CNMI provisions governing the program that were in effect prior to the commencement of such period.

Amends the Consolidated Natural Resources Act of 2008 to: (1) direct the Secretary of State, the Attorney General, and the Secretary of DHS to reduce the fees for family-based immigration benefit applications and petitions collected from CNMI residents who had immediate relative status pursuant to CNMI immigration laws as of May 8, 2008; and (2) waive related sponsor income requirements.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as ``Jason's Law''.

SEC. 2. TRUCK PARKING FACILITIES.

    (a) Establishment.--In cooperation with appropriate State,
regional, and local governments, the Secretary of Transportation
(referred to in this Act as the ``Secretary'') shall implement a pilot
program to address the shortage of long-term parking for commercial
motor vehicles on the National Highway System.
    (b) Allocation of Funds.--
            (1) In general.--The Secretary shall allocate funds made
        available to carry out this section among States, metropolitan
        planning organizations, and local governments.
            (2) Applications.--To be eligible for an allocation under
        this section, a State (as defined in section 101(a) of title
        23, United States Code), metropolitan planning organization, or
        local government shall submit to the Secretary an application
        at such time and containing such information as the Secretary
        may require.
            (3) Eligible projects.--
                    (A) In general.--Funds allocated under this
                subsection shall be used by the recipient for projects
                described in an application approved by the Secretary.
                    (B) Types of projects.--A project carried out using
                funds allocated under this subsection--
                            (i) shall serve the National Highway
                        System; and
                            (ii) may include--
                                    (I) construction of safety rest
                                areas (as defined in section 120(c) of
                                title 23, United States Code) that
                                include parking for commercial motor
                                vehicles;
                                    (II) construction of commercial
                                motor vehicle parking facilities
                                adjacent to commercial truck stops and
                                travel plazas;
                                    (III) the opening of existing
                                facilities to commercial motor vehicle
                                parking, including inspection and weigh
                                stations and park-and-ride facilities;
                                    (IV) promotion of the availability
                                of publicly or privately provided
                                commercial motor vehicle parking on the
                                National Highway System using
                                intelligent transportation systems and
                                other means;
                                    (V) construction of turnouts along
                                the National Highway System for
                                commercial motor vehicles;
                                    (VI) making capital improvements to
                                public commercial motor vehicle parking
                                facilities that, as of the date of
                                enactment of this Act, are closed on a
                                seasonal basis; and
                                    (VII) improvement of the geometric
                                design of interchanges on the National
                                Highway System to improve access to
                                commercial motor vehicle parking
                                facilities.
            (4) Priority.--In allocating funds made available to carry
        out this section, the Secretary shall give priority to
        applicants that--
                    (A) demonstrate a severe shortage of commercial
                motor vehicle parking capacity in the corridor to be
                addressed;
                    (B) have consulted with affected State and local
                governments, community groups, private providers of
                commercial motor vehicle parking, and motorist and
                trucking organizations; and
                    (C) demonstrate that the proposed projects are
                likely to have positive effects on highway safety,
                traffic congestion, or air quality.
    (c) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall submit to Congress a report
on the results of the pilot program.
    (d) Funding.--
            (1) In general.--There is authorized to be appropriated
        from the Highway Trust Fund (other than the Mass Transit
        Account) to carry out this section $20,000,000 for each of
        fiscal years 2010 through 2015.
            (2) Contract authority.--Funds authorized under this
        subsection shall be available for obligation in the same manner
        as if the funds were apportioned under chapter 1 of title 23,
        United States Code, except that--
                    (A) the funds shall not be transferable and shall
                remain available until expended; and
                    (B) the Federal share of the cost of a project
                under this section shall be determined in accordance
                with subsections (b) and (c) of sections 120 of that
                title.
    (e) Treatment of Projects.--Notwithstanding any other provision of
law, projects funded under this section shall be treated as projects on
a Federal-aid system under chapter 1 of title 23, United States Code.

Output: Jason's Law - Directs the Secretary of Transportation to: (1) implement a pilot program to allocate funds to states, metropolitan planning organizations, and local governments that submit an application approved by the Secretary for eligible projects to establish long-term parking facilities for commercial motor vehicles (trucks) on the National Highway System; and (2) give priority to applicants that demonstrate a severe shortage of truck parking capacity and whose proposed projects are likely to have positive effects on highway safety, traffic congestion, or air quality.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intermodal Shipping Container
Security Act''.

SEC. 2. NATIONAL TRANSPORTATION SECURITY STRATEGY.

    In carrying out section 114(f) of title 49, United States Code, the
Under Secretary of Homeland Security for Border and Transportation
Security shall take into account the National Maritime Transportation
Security Plan prepared under section 70103 of title 46, United States
Code, by the Secretary of the department in which the Coast Guard is
operating when the plan is prepared in order to ensure that the
strategy for dealing with threats to transportation security developed
under section 114(f)(3) of title 49, United States Code, incorporates
relevant aspects of the National Maritime Transportation Security Plan
and addresses all modes of commercial transportation to, from, and
within the United States.

SEC. 3. COMPREHENSIVE STRATEGIC PLAN FOR INTERMODAL SHIPPING CONTAINER
              SECURITY.

    (a) Strategic Plan.--
            (1) In general.--Within 180 days after the date of
        enactment of this Act, the Secretary of Homeland Security shall
        submit to the Senate Committee on Commerce, Science, and
        Transportation and the House of Representatives Committee on
        Transportation and Infrastructure a strategic plan for
        integrating security for all modes of transportation by which
        intermodal shipping containers arrive, depart, or move in
        interstate commerce in the United States that--
                    (A) takes into account the security-related
                authorities and missions of all Federal, State, and
                local law enforcement agencies that relate to the
                movement of intermodal shipping containers via air,
                rail, maritime, or highway transportation in the United
                States; and
                    (B) establishes as a goal the creation of a
                comprehensive, integrated strategy for intermodal
                shipping container security that encompasses the
                authorities and missions of all those agencies and sets
                forth specific objectives, mechanisms, and a schedule
                for achieving that goal.
            (2) Updates.--The Secretary shall revise the plan from time
        to time.
    (b) Identification of Problem Areas.--In developing the strategic
plan required by subsection (a), the Secretary shall consult with all
Federal, State, and local government agencies responsible for security
matters that affect or relate to the movement of intermodal shipping
containers via air, rail, maritime, or highway transportation in the
United States in order to--
            (1) identify changes, including legislative, regulatory,
        jurisdictional, and organizational changes, necessary to
        improve coordination among those agencies;
            (2) reduce overlapping capabilities and responsibilities;
        and
            (3) streamline efforts to improve the security of such
        intermodal shipping containers.
    (c) Establishment of Steering Group.--The Secretary shall
establish, organize, and provide support for an advisory committee, to
be known as the Senior Steering Group, of senior representatives of the
agencies described in subsection (c). The Group shall meet from time to
time, at the call of the Secretary or upon its own motion, for the
purpose of developing solutions to jurisdictional and other conflicts
among the represented agencies with respect to the security of
intermodal shipping containers, improving coordination and information-
sharing among the represented agencies, and addressing such other,
related matters, as the Secretary may request.
    (d) Annual Report.--The Secretary, after consulting the Senior
Steering Group, shall submit an annual report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
describing the activities of the Senior Steering Group and the
Secretary under this section, describing the progress made during the
year toward achieving the objectives of the plan, and including any
recommendations, including legislative recommendations, if appropriate
for further improvements in dealing with security-issues related to
intermodal shipping containers and related transportation security
issues.
    (e) Biennial Expert Critique.--
            (1) Expert panel.--A panel of experts shall be convened
        once every 2 years by the Senate Committee on Commerce,
        Science, and Transportation and the House of Representatives
        Committee on Transportation and Infrastructure to review plans
        submitted by the Secretary under subsection (a).
            (2) Membership.--The panel shall consist of--
                    (A) 4 individuals selected by the chairman and
                ranking member of the Senate Committee on Commerce,
                Science, and Transportation and by the chairman and
                ranking member of House of Representatives Committee on
                Transportation and Infrastructure, respectively; and
                    (B) 1 individual selected by the 4 individuals
                selected under subparagraph (A).
            (3) Qualifications.--Individuals selected under paragraph
        (2) shall be chosen from among individuals with professional
        expertise and experience in security-related issues involving
        shipping or transportation and without regard to political
        affiliation.
            (4) Compensation and expenses.--An individual serving as a
        member of the panel shall not receive any compensation or other
        benefits from the Federal Government for serving on the panel
        or be considered a Federal employee as a result of such
        service. Panel members shall be reimbursed by the Committees
        for expenses, including travel and lodging, they incur while
        actively engaged in carrying out the functions of the panel.
            (5) Function.--The panel shall review plans submitted by
        the Secretary under subsection (a), evaluate the strategy set
        forth in the plan, and make such recommendations to the
        Secretary for modifying or otherwise improving the strategy as
        may be appropriate.

SEC. 4. SHIPPING CONTAINER INTEGRITY INITIATIVE.

    (a) In General.--Chapter 701 of title 46, United States Code, is
amended--
            (1) by redesignating section 70117 as section 70118; and
            (2) by inserting after section 70116 the following:
``Sec. 70117. Enhanced container-related security measures.
    ``(a) Tracking Intermodal Container Shipments in the United
States.--The Secretary, in cooperation with the Under Secretary of
Border and Transportation Security, shall develop a system to increase
the number of intermodal shipping containers physically inspected
(including noninstrusive inspection by scanning technology), monitored,
and tracked within the United States.
    ``(b) Smart Box Technology.--Under regulations to be prescribed by
the Secretary, beginning with calendar year 2007 no less than 50
percent of all ocean-borne shipping containers entering the United
States during any calendar year shall incorporate `Smart Box' or
equivalent technology developed, approved, or certified by the Under
Secretary of Homeland Security for Border and Transportation Security.
    ``(c) Development of International Standard for Smart Containers.--
The Secretary shall--
            ``(1) develop, and seek international acceptance of, a
        standard for `smart' maritime shipping containers that
        incorporate technology for tracking the location and assessing
        the integrity of those containers as they move through the
        intermodal transportation system; and
            ``(2) implement an integrated tracking and technology
        system for such containers.
    ``(d) Report.--Within 1 year after the date of enactment of the
Intermodal Shipping Container Security Act, the Secretary shall
transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure a report that contains--
            ``(1) a cost analysis for implementing this section; and
            ``(2) a strategy for implementing the system described in
        subsection (c)(3).''.
    (b) Conforming Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by striking the item relating
to section 70117 and inserting the following:

``70117. Enhanced container-related security measures.
``70118. Civil penalties.''.

SEC. 5. ADDITIONAL RECOMMENDATIONS.

    Within 180 days after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure a report that contains
the following:
            (1) Recommendations about what analysis must be performed
        and the cost to develop and field a cargo container tracking
        and monitoring system within the United States which tracks all
        aviation, rail, maritime, and highway cargo containers equipped
        with smart container technology.
            (2) Recommendations on how the Department of Homeland
        Security could help support the deployment of such a system.
            (3) Recommendations as to how current efforts by the
        Department of Homeland Security and other Federal agencies
        could be incorporated into the physical screening or inspection
        of aviation, rail, maritime, and highway cargo containers
        within the United States.
            (4) Recommendations about operating systems and standards
        for those operating systems, to support the tracking of
        aviation, rail, maritime, and highway cargo containers within
        the United States that would include the location of regional,
        State, and local operations centers.
            (5) A description of what contingency actions, measures,
        and mechanisms should be incorporated in the deployment of a
        nationwide aviation, rail, maritime, and highway cargo
        containers tracking and monitoring system which would allow the
        United States maximum flexibility in responding quickly and
        appropriately to increased terrorist threat levels at the
        local, State, or regional level.
            (6) A description of what contingency actions, measures,
        and mechanisms must be incorporated in the deployment of such a
        system which would allow for the quick reconstitution of the
        system in the event of a catastrophic terrorist attack which
        affected part of the system.
            (7) Recommendations on how to leverage existing information
        and operating systems within State or Federal agencies to
        assist in the fielding of the system.
            (8) Recommendations on co-locating local, State, and
        Federal agency personnel to streamline personnel requirements,
        minimize costs, and avoid redundancy.
            (9) An initial assessment of the availability of private
        sector resources which could be utilized, and incentive systems
        developed, to support the fielding of the system, and the
        maintenance and improvement as technology or terrorist threat
        dictate.
            (10) Recommendations on how this system that is focused on
        the continental United States would be integrated into any
        existing or planned system, or process, which is designed to
        monitor the movement of cargo containers outside the
        continental United States.

SEC. 6. IMPROVEMENTS TO CONTAINER TARGETING SYSTEMS.

    (a) In General.--Within 90 days after the date of enactment of this
Act, the Secretary of Homeland Security shall submit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure that
provides a preliminary plan for strengthening the Bureau of Customs and
Border Protection's container targeting system. The plan shall identify
the cost and feasibility of requiring additional non-manifest
documentation for each container, including purchase orders, shipper's
letters of instruction, commercial invoices, letters of credit, or
certificates of origin.
    (b) Reduction of Manifest Revision Window.--Within 60 days after
the date of enactment of this Act, the Secretary of Homeland Security
shall issue regulations under which the time period for revisions to a
container cargo manifest submitted to the Bureau of Customs and Border
Protection shall be reduced from 60 days to 45 days after arrival at a
United States port.
    (c) Supply Chain Information.--Within 180 days after the date of
enactment of this Act, the Secretary of Homeland Security shall develop
a system to share threat and vulnerability information with all of the
industries in the supply chain that will allow ports, carriers, and
shippers to report on security lapses in the supply chain and have
access to unclassified maritime threat and security information such as
piracy incidents.

SEC. 7. INCREASE IN NUMBER OF CUSTOMS INSPECTORS ASSIGNED OVERSEAS.

    (a) In General.--The Secretary of Homeland Security shall
substantially increase the number of United States Customs Service
inspectors assigned to duty outside the United States under the
Container Security Initiative of the United States Customs Service with
responsibility for inspecting intermodal shipping containers being
shipped to the United States.
    (b) Staffing Criteria.--In carrying out subsection (a) the
Secretary of Homeland Security shall determine the appropriate level
for assignment and density of customs inspectors at selected
international port facilities by a threat, vulnerability, and risk
analysis which, at a minimum, considers--
            (1) the volume of containers shipped;
            (2) the ability of the host government to assist in both
        manning and providing equipment and resources;
            (3) terrorist intelligence known of importer vendors,
        suppliers or manufactures; and
            (4) other criteria as determined in consult with experts in
        the shipping industry, terrorism, and shipping container
        security.
    (c) Minimum Number.--The total number of customs inspectors
assigned to international port facilities shall not be less than the
number determined as a result of the threat, vulnerability, and risk
assessment analysis which is validated by the Administrator of the
Transportation Security Administration within 180 days after the date
of enactment of this Act.
    (d) Plan.--The Secretary shall submit a plan to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure, with
timelines, for phasing inspectors into selected port facilities within
180 days after the enactment of this Act.

SEC. 8. RANDOM INSPECTION OF CONTAINERS.

    (a) In General.--The Under Secretary of Homeland Security for
Border and Transportation Security shall develop and implement a plan
for random inspection of shipping containers in addition to any
targeted or pre-shipment inspection of such containers required by law
or regulation or conducted under any other program conducted by the
Under Secretary.
    (b) Civil Penalty for Erroneous Manifest.--
            (1) In general.--Except as provided in paragraph (2), if
        the Under Secretary determines on the basis of an inspection
        conducted under subsection (a) that there is a discrepancy
        between the contents of a shipping container and the manifest
        for that container, the Under Secretary may impose a civil
        penalty of not more than $1,000 for the discrepancy.
            (2) Manifest discrepancy reporting.--The Under Secretary
        may not impose a civil penalty under paragraph (1) if a
        manifest discrepancy report is filed with respect to the
        discrepancy within the time limits established by Customs
        Directive No. 3240-067A (or any subsequently issued directive
        governing the matters therein) for filing a manifest
        discrepancy report.
                               D23/

Output:
Intermodal Shipping Container Security Act - Directs the Under Secretary of Homeland Security for Border and Transportation Security to take into account a certain National Maritime Transportation Security Plan to ensure that the strategy for dealing with threats to transportation security incorporates relevant aspects of the Plan and addresses all modes of commercial transportation to, from, and within the United States.

Directs the Secretary of Homeland Security to submit to Congress a strategic plan for integrating security for all modes of transportation by which intermodal shipping containers arrive, depart, or move in interstate commerce. Establishes the Senior Steering Group to develop solutions to conflicts among constituent agencies regarding intermodal shipping container security.

Amends Federal shipping law to direct the Secretary of Transportation to develop a system to increase the number of intermodal shipping containers physically inspected (including nonintrusive inspection by scanning technology), monitored, and tracked within the United States. Requires, beginning in 2007, no less than 50 percent of all ocean-borne shipping containers entering the United States to incorporate "Smart Box" or equivalent technology.

Requires the Secretary of Homeland Security to: (1) report to Congress a preliminary plan for strengthening the Bureau of Customs and Border Protection's container targeting system; (2) issue regulations reducing from 60 days to 45 days after arrival at a U.S. port the time period for revisions to a container manifest that is submitted to the Bureau of Customs and Border Protection; (3) develop a system to share threat and vulnerability information with all of the industries in the supply chain; and (4) substantially increase under the Container Security Initiative the number of U.S. Customs Service inspectors assigned to duty outside of the United States with responsibility for inspecting intermodal shipping containers being shipped to the United States.

Directs the Under Secretary to implement a plan for random inspection of shipping containers in addition to any targeted or preshipment inspection of such containers required by law. Sets forth civil penalties for discrepancies found in container manifests.


Input:
SECTION 1. INDEPENDENT SAFETY ASSESSMENTS.

    Section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 2133) is
amended by inserting after subsection d. the following:
    ``e. Independent Safety Assessments.--
            ``(1) Development of procedure.--Not later than 90 days
        after the date of enactment of this subsection, the Nuclear
        Regulatory Commission (referred to in this subsection as the
        `Commission') shall develop an independent safety assessment
        procedure.
            ``(2) Conduct of assessment.--
                    ``(A) Definition of eligible requestor.--In this
                paragraph, the term `eligible requestor' means--
                            ``(i) a Governor of a State in which a
                        facility of a licensee is located;
                            ``(ii) a public utility commission of a
                        State in which a facility of a licensee is
                        located; and
                            ``(iii) a Governor of a State that--
                                    ``(I) because of dangers to the
                                public relating to potential ingestion
                                of water or foods that have been
                                contaminated with radiation from a
                                commercial nuclear power plant, is
                                located in an emergency planning zone,
                                as defined in section 350.2 of title
                                44, Code of Federal Regulations (or a
                                successor regulation); and
                                    ``(II) is not the same State in
                                which the facility of the licensee is
                                located.
                    ``(B) Request of assessment.--
                            ``(i) In general.--At the request of an
                        eligible requestor, the Commission shall
                        conduct an independent safety assessment in
                        accordance with the independent safety
                        assessment procedure developed under paragraph
                        (1) if the licensee has--
                                    ``(I) applied to the Commission
                                for--
                                            ``(aa) an extension of the
                                        operating license of the
                                        licensee; or
                                            ``(bb) approval of an
                                        extended power uprate for the
                                        licensee; or
                                    ``(II) during any 5-year period,
                                received, under the reactor oversight
                                process of the Commission, 2 or more
                                greater-than-green inspection findings.
                            ``(ii) Conduct of assessment.--The
                        Commission shall conduct an assessment
                        requested by an eligible requestor under clause
                        (i) not later than 18 months after the date on
                        which the eligible requestor requested the
                        assessment.
            ``(3) Inspection of facility.--
                    ``(A) In general.--In conducting an independent
                safety assessment under paragraph (2)(B), the
                Commission shall inspect the design, construction,
                maintenance, and operational safety performance of the
                facility of the licensee.
                    ``(B) Scope of inspection.--An inspection of a
                facility of a licensee conducted under subparagraph (A)
                shall--
                            ``(i) be at least equal in scope, depth,
                        and breadth to the independent safety
                        assessment conducted in 1996 by the Commission
                        of the Maine Yankee Nuclear Power Plant,
                        located in Wiscasset, Maine; and
                            ``(ii) include an examination of the
                        systems of the facility of the licensee,
                        including--
                                    ``(I) the reactor containment
                                systems;
                                    ``(II) the reactor emergency core
                                cooling systems;
                                    ``(III) the control room and
                                containment ventilation systems;
                                    ``(IV) the electrical system
                                (including testing of relevant
                                transients);
                                    ``(V) the condensate and feedwater
                                systems;
                                    ``(VI) the spent fuel storage
                                systems;
                                    ``(VII) any other system requested
                                by the Governor of the State, or a
                                public utility commission of the State,
                                in which the facility of the licensee
                                is located; and
                                    ``(VIII) any other system
                                identified by a majority of the members
                                of an inspection team described in
                                paragraph (4).
            ``(4) Inspection teams.--
                    ``(A) In general.--An independent safety assessment
                conducted under paragraph (2)(B) shall be conducted by
                an inspection team.
                    ``(B) Composition.--An inspection team shall be
                composed of not less than 25 members, of whom--
                            ``(i) not less than 16 members shall be--
                                    ``(I) employees of the Commission;
                                and
                                    ``(II) unaffiliated with the
                                regional office of the Commission in
                                the region in which the facility of the
                                licensee is located;
                            ``(ii) not less than 6 members shall be
                        independent contractors who have not worked
                        for, or at--
                                    ``(I) the facility of the licensee;
                                or
                                    ``(II) any other nuclear power
                                plant owned or operated by the owner or
                                operator of the facility of the
                                licensee; and
                            ``(iii) not less than 3 members shall be
                        appointed by the eligible requestor.
            ``(5) Report.--
                    ``(A) Preparation of preliminary report.--Not later
                than 90 days after the date on which an inspection team
                completes an independent safety assessment of a
                facility of a licensee under paragraph (2)(B), the
                inspection team shall prepare a preliminary report
                describing the findings and recommendations of the
                inspection team.
                    ``(B) Availability of preliminary report.--For a
                period of 90 days beginning on the date on which the
                inspection team completes a preliminary report prepared
                under subparagraph (A), the inspection team shall make
                available for review and comment by the public a copy
                of the preliminary report.
                    ``(C) Consideration of comments.--In preparing a
                final version of a preliminary report developed under
                subparagraph (A), the inspection team shall take into
                consideration any comments received from the public
                that are appropriate, as determined by the inspection
                team.
                    ``(D) Submission of final version.--Not later than
                90 days after the date on which the period of review
                and public comment ends under subparagraph (B), the
                inspection team shall submit to the Commission a final
                version of the preliminary report developed under
                subparagraph (A).
            ``(6) Affect on licensing actions.--A final decision by the
        Commission of whether to extend an operating license, approve
        an extended power uprate, or continue to operate under a
        license at a facility of a licensee assessed under paragraph
        (2)(B) shall not be made until the later of the date on which--
                    ``(A) the Commission has completed the independent
                safety assessment of the facility of the licensee; and
                    ``(B) the licensee has fully accepted and
                implemented each finding and recommendation of the
                report approved by the Commission relating to the
                independent safety assessment of the facility of the
                licensee submitted under paragraph (5)(D).
            ``(7) Authorization of appropriations.--There are
        authorized to be appropriated to carry out this subsection
        $10,000,000 for each of fiscal years 2008 through 2012, to
        remain available until expended.''.

Output:
Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to: (1) develop an independent safety assessment procedure for nuclear facilities; and (2) create a team to inspect the design, construction, maintenance, and operational safety performance of a facility.

Declares that a final NRC decision on whether to extend an operating license, approve an extended power uprate, or continue to operate a facility shall not be made until: (1) the NRC has completed the independent safety assessment of the facility; and (2) the licensee has fully accepted and implemented each NRC-approved finding and recommendation of the assessment report