Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maritime Administration
Authorization Act for Fiscal Year 2001''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001.

    Funds are hereby authorized to be appropriated, as Appropriations
Acts may provide, for the use of the Department of Transportation for
the Maritime Administration as follows:
            (1) For expenses necessary for operations and training
        activities, not to exceed $80,240,000 for the fiscal year
        ending September 30, 2001.
            (2) For the costs, as defined in section 502 of the Federal
        Credit Reform Act of 1990, of guaranteed loans authorized by
        title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271
        et seq.), $50,000,000, to be available until expended. In
        addition, for administrative expenses related to loan guarantee
        commitments under title XI of that Act, $4,179,000.

SEC. 3. AMENDMENTS TO TITLE IX OF THE MERCHANT MARINE ACT, 1936.

    (a) Title IX of the Merchant Marine Act, 1936 (46 U.S.C. App. 101
et seq.) is amended by adding at the end thereof the following:

``SEC. 910. DOCUMENTATION OF CERTAIN DRY CARGO VESSELS.

    ``(a) In General.--The restrictions of section 901(b)(1) of this
Act concerning a vessel built in a foreign country shall not apply to a
newly constructed drybulk or breakbulk vessel over 7,500 deadweight
tons that has been delivered from a foreign shipyard or contracted for
construction in a foreign shipyard before the earlier of--
            ``(1) the date that is 1 year after the date of enactment
        of the Maritime Administration Authorization Act for Fiscal
        Year 2001; or
            ``(2) the effective date of the OECD Shipbuilding Trade
        Agreement Act.
    ``(b) Compliance With Certain U.S.-Build Requirements.--A vessel
timely contracted for or delivered pursuant to this section and
documented under the laws of the United States shall be deemed to have
been United-States built for purposes of sections 901(b) and 901b of
this Act if--
            ``(1) following delivery by a foreign shipyard, the vessel
        has any additional shipyard work necessary to receive its
        initial Coast Guard certificate of inspection performed in a
        United States shipyard;
            ``(2) the vessel is not documented in another country
        before being documented under the laws of the United States;
            ``(3) the vessel complies with the same inspection
        standards set forth for ocean common carriers in section 1137
        of the Coast Guard Authorization Act of 1996 (46 U.S.C. App.
        1187 note); and
            ``(4) actual delivery of a vessel contracted for
        construction takes place on or before the 3-year anniversary of
        the date of the contract to construct the vessel.
    ``(c) Section 12106(e) of Title 46.--Section 12106(e) of title 46,
United States Code, shall not apply to a vessel built pursuant to this
section.''.
    (b) Conforming Calendar Year to Federal Fiscal Year for Section
901b Purposes.--Section 901b(c)(2) of the Merchant Marine Act, 1936 (46
U.S.C App. 1241f(c)(2)) is amended by striking ``1986.'' and inserting
``1986, the 18-month period commencing April 1, 2000, and the 12-month
period beginning on the first day of October in the year 2001 and each
year thereafter.''.

SEC. 4. SCRAPPING OF CERTAIN VESSELS.

    (a) International Environmental Scrapping Standard.--The Secretary
of State in coordination with the Secretary of Transportation shall
initiate discussions in all appropriate international forums in order
to establish an international standard for the scrapping of vessels in
a safe and environmentally sound manner.
    (b) Scrapping of Obsolete National Defense Reserve Fleet Vessels.--
            (1) Development of a ship scrapping program.--The Secretary
        of Transportation, in consultation with the Secretary of the
        Navy, the Administrator of the Environmental Protection Agency,
        the Assistant Secretary for Occupational Safety and Health, and
        the Secretary of State, shall develop a program within 9 months
        after the date of enactment of this Act for the scrapping of
        obsolete National Defense Reserve Fleet Vessels and report to
        the Senate Committee on Commerce, Science, and Transportation
        and the House of Representatives Committee on Armed Services.
                    (A) Content.--The report shall include information
                concerning the initial determination of scrapping
                capacity, both domestically and abroad, development of
                appropriate regulations, funding and staffing
                requirements, milestone dates for the disposal of each
                obsolete vessel, and long term cost estimates for the
                ship scrapping program.
                    (B) Alternatives.--In developing the program the
                Secretary of Transportation, in consultation with the
                Secretary of the Navy, the Administrator of the
                Environmental Protection Agency, and the Secretary of
                State shall consider all alternatives and available
                information including--
                            (i) alternative scrapping sites;
                            (ii) vessel donations;
                            (iii) sinking of vessels in deep water;
                            (iv) sinking vessels for development of
                        artificial reefs;
                            (v) sales of vessels before they become
                        obsolete;
                            (vi) results from the Navy Pilot Scrapping
                        Program under section 8124 of the Department of
                        Defense Appropriations Act, 1999; and
                            (vii) the Report of the Department of
                        Defense's Interagency Panel on Ship Scrapping
                        issued in April, 1998.
            (2) Selection of scrapping facilities.--Notwithstanding the
        provisions of the Toxic Substances Control Act (15 U.S.C. 2605
        et seq.), a ship scrapping program shall be accomplished
        through qualified scrapping facilities whether located in the
        United States or abroad. Scrapping facilities shall be selected
        on a best value basis taking into consideration, among other
        things, the facilities's ability to scrap vessels--
                    (A) economically;
                    (B) in a safe and timely manner;
                    (C) with minimal impact on the environment;
                    (D) with proper respect for worker safety; and
                    (E) by minimizing the geographic distance that a
                vessel must be towed when such a vessel poses a serious
                threat to the environment.
            (3) Amendment of national maritime heritage act.--Section
        6(c)(1) of the National Maritime Heritage Act of 1994 (16
        U.S.C. 5405(c)(1)) is amended--
                    (A) by striking ``2001'' in subparagraph (A) and
                inserting ``2006''; and
                    (B) by striking subparagraph (B) and inserting the
                following:
            ``(B) in the most cost effective manner to the United
        States taking into account the need for disposal, the
        environment, and safety concerns; and''.
            (4) Funding for scrapping.--Section 2218(c)(1)(E) of title
        10, United States Code, is amended by inserting ``and scrapping
        the vessels of'' after ``maintaining''.
    (c) Limitation on Scrapping Before Program.--Until the report
required by subsection (b)(1) is transmitted to the Congress, the
Secretary may not proceed with the scrapping of any vessels in the
National Defense Reserve Fleet except the following:
            (1) EXPORT CHALLENGER.
            (2) EXPORT COMMERCE.
            (3) BUILDER.
            (4) ALBERT E. WATTS.
            (5) WAYNE VICTORY.
            (6) MORMACDAWN.
            (7) MORMACMOON.
            (8) SANTA ELENA.
            (9) SANTA ISABEL.
            (10) SANTA CRUZ.
            (11) PROTECTOR.
            (12) LAUDERDALE.
            (13) PVT. FRED C. MURPHY.
            (14) BEAUJOLAIS.
            (15) MEACHAM.
            (16) NEACO.
            (17) WABASH.
            (18) NEMASKET.
            (19) MIRFAK.
            (20) GEN. ALEX M. PATCH.
            (21) ARTHUR M. HUDDELL.
            (22) WASHINGTON.
            (23) SUFFOLK COUNTY.
            (24) CRANDALL.
            (25) CRILLEY.
            (26) RIGEL.
            (27) VEGA.
            (28) COMPASS ISLAND.
            (29) DONNER.
            (30) PRESERVER.
            (31) MARINE FIDDLER.
            (32) WOOD COUNTY.
            (33) CATAWBA VICTORY.
            (34) GEN. NELSON M. WALKER.
            (35) LORAIN COUNTY.
            (36) LYNCH.
            (37) MISSION SANTA YNEZ.
            (38) CALOOSAHATCHEE.
            (39) CANISTEO.
    (d) Biannual Report.--Beginning 1 year after the date of enactment
of this Act, the Secretary of Transportation in coordination with the
Secretary of the Navy shall report to Congress biannually on the
progress of the ship scrapping program developed under subsection
(b)(1) and on the progress of any other scrapping of obsolete
government-owned vessels.

SEC. 5. REPORTING OF ADMINISTERED AND OVERSIGHT FUNDS.

    The Maritime Administration, in its annual report to the Congress
under section 208 of the Merchant Marine Act, 1936 (46 U.S.C. App.
1118), and in its annual budget estimate submitted to the Congress,
shall state separately the amount, source, intended use, and nature of
any funds (other than funds appropriated to the Administration or to
the Secretary of Transportation for use by the Administration)
administered, or subject to oversight, by the Administration.

SEC. 6. MARITIME INTERMODAL RESEARCH.

    Section 8 of Public Law 101-115 (46 U.S.C. App. 1121-2) is amended
by adding at the end thereof the following:
    ``(f) University Transportation Research Funds.--
            ``(1) In general.--The Secretary may make a grant under
        section 5505 of title 49, United States Code, to an institute
        designated under subsection (a) for maritime and maritime
        intermodal research under that section as if the institute were
        a university transportation center.
            ``(2) Advice and consultation of marad.--In making a grant
        under the authority of paragraph (1), the Secretary, through
        the Research and Special Programs Administration, shall advise
        the Maritime Administration concerning the availability of
        funds for the grants, and consult with the Administration on
        the making of the grants.''.

SEC. 7. MARITIME RESEARCH AND TECHNOLOGY DEVELOPMENT.

    (a) In General.--The Secretary of Transportation shall conduct a
study of maritime research and technology development, and report its
findings and conclusions, together with any recommendations it finds
appropriate, to the Congress within 9 months after the date of
enactment of this Act.
    (b) Required Areas of Study.--The Secretary shall include the
following items in the report required by subsection (a):
            (1) The approximate dollar values appropriated by the
        Congress for each of the 5 fiscal years ending before the study
        is commenced for each of the following modes of transportation:
                    (A) Highway.
                    (B) Rail.
                    (C) Aviation.
                    (D) Public transit.
                    (E) Maritime.
            (2) A description of how Federal funds appropriated for
        research in the different transportation modes are utilized.
            (3) A summary and description of current research and
        technology development funds appropriated for each of those
        fiscal years for maritime research initiatives, with separate
        categories for funds provided to the Coast Guard for marine
        safety research purposes.
            (4) A description of cooperative mechanisms that could be
        used to attract and leverage non-federal investments in United
        States maritime research and technology development and
        application programs, including the potential for the creation
        of maritime transportation research centers and the benefits of
        cooperating with existing surface transportation research
        centers.
            (5) Proposals for research and technology development
        funding to facilitate the evolution of Maritime Transportation
        System.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated $100,000 to carry out this section.

SEC. 8. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL,
              GLACIER.

    (a) Authority to Convey.--Notwithstanding any other law, the
Secretary of Transportation may, subject to subsection (b), convey all
right, title, and interest of the United States Government in and to
the vessel in the National Defense Reserve Fleet that was formerly the
U.S.S. GLACIER (United States official number AGB-4) to the Glacier
Society, Inc., a corporation established under the laws of the State of
Connecticut that is located in Bridgeport, Connecticut.
    (b) Terms of Conveyance.--
            (1) Required conditions.--The Secretary may not convey the
        vessel under this section unless the corporation--
                    (A) agrees to use the vessel for the purpose of a
                monument to the accomplishments of members of the Armed
                Forces of the United States, civilians, scientists, and
                diplomats in exploration of the Arctic and the
                Antarctic;
                    (B) agrees that the vessel will not be used for
                commercial purposes;
                    (C) agrees to make the vessel available to the
                Government if the Secretary requires use of the vessel
                by the Government for war or national emergency;
                    (D) agrees to hold the Government harmless for any
                claims arising from exposure to asbestos,
                polychlorinated biphenyls, or lead paint after the
                conveyance of the vessel, except for claims arising
                from use of the vessel by the Government pursuant to
                the agreement under subparagraph (C); and
                    (E) provides sufficient evidence to the Secretary
                that it has available for use to restore the vessel, in
                the form of cash, liquid assets, or a written loan
                commitment, financial resources of at least $100,000.
            (2) Delivery of vessel.--If the Secretary conveys the
        vessel under this section, the Secretary shall deliver the
        vessel--
                    (A) at the place where the vessel is located on the
                date of conveyance;
                    (B) in its condition on that date; and
                    (C) at no cost to the United States Government.
            (3) Additional terms.--The Secretary may require such
        additional terms in connection with the conveyance authorized
        by this section as the Secretary considers appropriate.
    (c) Other Unneeded Equipment.--If the Secretary conveys the vessel
under this section, the Secretary may also convey to the corporation
any unneeded equipment from other vessels in the National Defense
Reserve Fleet or Government storage facilities for use to restore the
vessel to museum quality or to its original configuration (or both).
    (d) Retention of Vessel in NDRF.--The Secretary shall retain in the
National Defense Reserve Fleet the vessel authorized to be conveyed
under this section until the earlier of--
            (1) 2 years after the date of the enactment of this Act; or
            (2) the date of the conveyance of the vessel under this
        section.

            Passed the Senate September 28 (legislative day, September
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2487

_______________________________________________________________________

                                 AN ACT

 To authorize appropriations for Fiscal Year 2001 for certain maritime
             programs of the Department of Transportation.

Output:
(Sec. 3) Amends the Merchant Marine Act, 1936 to declare that certain restrictions concerning a vessel built in a foreign country shall not apply to a newly constructed drybulk or breakbulk vessel over 7,500 deadweight tons that has been delivered from a foreign shipyard or contracted for construction in a foreign shipyard before the earlier of two specified dates. Deems U.S.-built any vessel timely contracted for or delivered and documented under U.S. law, if certain conditions are met.
(Sec. 4) Directs the Secretary of State, in coordination with the Secretary of Transportation, to initiate discussions in all appropriate international forums to establish an international standard for the scrapping of vessels in a safe and environmentally sound manner.
Directs the Secretary of Transportation to develop, and report to specified congressional committees on, a program for the scrapping of obsolete National Defense Reserve Fleet Vessels.
Amends the National Maritime Heritage Act of 1994 to extend, through September 30, 2006, the authority of the Secretary to dispose of certain vessels in the National Defense Reserve Fleet. Requires that such vessels be disposed of in the most cost effective manner to the United States, taking into account the need for disposal, the environment, and safety concerns.
Amends Federal law to authorize the expenditure of funds from the National Defense Sealift Fund for costs related to the scrapping of National Defense Reserve Fleet vessels.
Names vessels in the National Defense Reserve Fleet that may be scrapped in the United States or a foreign country.
(Sec. 5) Requires the Maritime Administration (in its annual report to Congress and its estimated annual budget) to state separately the amount, source, intended use, and nature of any funds (other than funds appropriated to the Administration or to the Secretary for use by the Administration) administered, or subject to oversight, by the Administration.
(Sec. 6) Amends Federal maritime law to authorize the Secretary of Transportation to make a grant to a National Maritime Enhancement Institute for maritime and maritime intermodal research as if the Institute were a university transportation center.
(Sec. 7) Directs the Secretary to study maritime research and technology development, and report the results, including any recommendations, to Congress. Authorizes appropriations.
(Sec. 8) Authorizes the Secretary to convey all right, title, and U.S. interest in the U.S.S. GLACIER (formerly of the National Defense Reserve Fleet) to the Glacier Society, Inc., Bridgeport, Connecticut.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Free to Fly Act''.

SEC. 2. DEFINITIONS.

    Section 40102(a) of title 49, United States Code, is amended--
            (1) in paragraph (2) by striking ``citizen of the United
        States'' and inserting ``citizen of the United States, or other
        person organized under the laws of the United States or a
        State, the District of Columbia, or a territory or possession
        of the United States,'';
            (2) in paragraph (15)(C)--
                    (A) by striking ``of which the president and at
                least two-thirds of the board of directors'' and
                inserting ``of which the president and at least 51
                percent of the board of directors''; and
                    (B) by striking ``at least 75 percent of the voting
                interest'' and inserting ``at least 51 percent of the
                voting interest'';
            (3) in paragraph (21) by striking ``not a citizen of the
        United States'' and inserting ``who is not organized under the
        laws of the United States or a State, the District of Columbia,
        or a territory or possession of the United States''; and
            (4) in paragraph (26) by striking ``citizen of the United
        States'' and inserting ``citizen of the United States or other
        person organized under the laws of the United States or a
        State, the District of Columbia, or a territory or possession
        of the United States''.

SEC. 3. REQUIREMENT FOR CERTIFICATE.

    Section 41101(b) of title 49, United States Code, is amended--
            (1) by striking ``citizen of the United States'' and
        inserting ``citizen of the United States or other person
        organized under the laws of the United States or a State, the
        District of Columbia, or a territory or possession of the
        United States'';
            (2) in paragraph (1) by striking ``citizen'' and inserting
        ``citizen or other person'';
            (3) by redesignating subsection (c) as subsection (d); and
            (4) by inserting after subsection (b) the following:
    ``(c) Additional Requirements for Non-Citizens Operating Certain
Routes.--In order for a person who is not a citizen of the United
States and who is not a foreign air carrier to be issued and maintain a
certificate for air transportation or intrastate air transportation,
all employees and managing officers, other than the board of directors,
must be citizens, nationals, or lawful permanent residents of the
United States, and the person's headquarters and base of operations
must be located in the United States.''.

SEC. 4. ISSUANCE OF CERTIFICATES OF PUBLIC CONVENIENCE.

    Section 41102 of title 49, United States Code, is amended--
            (1) by striking the subsection heading in subsection (a)
        and inserting ``Issuance to a Citizen'';
            (2) by redesignating subsections (b), (c), and (d) as
        subsections (c), (d), and (e), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Issuance to Other Persons.--The Secretary of Transportation
may issue a certificate of public convenience and necessity to a person
organized under the laws of the United States or a State, the District
of Columbia, or a territory or possession of the United States, of
which more than 49 percent of the board of directors are not citizens
of the United States, which is not under the actual control of citizens
of the United States, or in which more than 49 percent of the voting
interest is owned or controlled by persons that are not citizens of the
United States, to provide any part of the following air transportation
the person has applied for under section 41108 of this title:
            ``(1) Air transportation as an air carrier.
            ``(2) Temporary air transportation as an air carrier for a
        limited period.
            ``(3) Charter air transportation as a charter air
        carrier.'';
            (4) in subsection (c), as redesignated--
                    (A) by striking ``under subsection (a)'' each place
                it appears and inserting ``under subsection (a) or
                subsection (b)'' in each such place; and
                    (B) by striking ``citizen'' and inserting ``citizen
                or other person''; and
            (5) by striking subsection (e), as redesignated, and
        inserting the following:
    ``(e) Presidential Review of Certain Certificates.--The Secretary
shall submit each decision to the President under section 41307 of this
title authorizing--
            ``(1) the provision of foreign air transportation; or
            ``(2) the provision of interstate air transportation or
        intrastate air transportation by a person who is not a citizen
        of the United States.''.

SEC. 5. CIVIL RESERVE AIR FLEET ELIGIBILITY.

    Section 41106 of title 49, United States Code, is amended by
striking subsection (d) and inserting the following:
    ``(d) Exception.--The Secretary of Defense may contract with an air
carrier that does not meet all requirements if--
            ``(1) the Secretary decides that no air carrier holding a
        certificate under section 41102 is capable of providing, and
        willing to provide, the airlift services; or
            ``(2) the Secretary decides to grant a waiver under section
        9518 of title 10, United States Code, for a person who is not a
        citizen of the United States and who is organized under the
        laws of the United States that has a certificate of public
        convenience and necessity, from the Civil Reserve Air Fleet
        citizenship requirements for the purposes of eligibility and
        participation.''.

SEC. 6. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE.

    Section 41108 of title 49, United States Code, is amended--
            (1) in subsection (a) by striking ``citizen of the United
        States'' and inserting ``citizen of the United States or other
        person organized under the laws of the United States or a
        State, the District of Columbia, or a territory or possession
        of the United States'';
            (2) in subsections (b) and (c) by striking ``citizen'' each
        place it appears and inserting ``citizen or other person'';
            (3) in subsection (b)(3)(A) by striking ``interstate air
        transportation'' and inserting ``interstate air transportation
        provided by a citizen''; and
            (4) in subsection (b)(3)(B) by striking ``foreign air
        transportation'' and inserting ``interstate air transportation
        or intrastate air transportation by a person who is not a
        citizen of the United States, or foreign air transportation,''.

SEC. 7. POTENTIAL REVOCATION OF CERTIFICATE.

    Section 41110(a)(2)(B) of title 49, United States Code, is amended
by striking ``sections 41308-41310(a)'' and inserting ``sections
41101(c), 41308-41310(a)''.

SEC. 8. LIABILITY INSURANCE AND FINANCIAL RESPONSIBILITY.

    Section 41112(a) of title 49, United States Code, is amended--
            (1) by striking ``citizen of the United States'' and
        inserting ``citizen of the United States, or other person
        organized under the laws of the United States or a State, the
        District of Columbia, or a territory or possession of the
        United States''; and
            (2) by striking ``citizen'' the second place it appears and
        inserting ``citizen or other person''.

SEC. 9. PRESIDENTIAL REVIEW OF FOREIGN AIR CARRIERS AND OTHER NON-
              CITIZENS.

    Section 41307 of title 49, United States Code, is amended--
            (1) by striking the section heading and inserting
        ``Presidential review of actions about foreign air
        transportation and air transportation provided by non-
        citizens''; and
            (2) by striking ``to provide foreign air transportation''
        and inserting ``to provide foreign air transportation, or for a
        person who is not a citizen of the United States to provide air
        transportation or intrastate air transportation''.

SEC. 10. JOINT PRICING.

    Section 41503 of title 49, United States Code, is amended by
striking ``citizen of the United States'' and inserting ``a citizen of
the United States or other person organized under the laws of the
United States or a State, the District of Columbia, or a territory or
possession of the United States''.

SEC. 11. NAVIGATION OF FOREIGN CIVIL AIRCRAFT.

    Section 41703(a) of title 49, United States Code, is amended--
            (1) in paragraph (4) by striking the period and inserting
        ``; or''; and
            (2) by adding at the end the following:
            ``(5) if specifically authorized under sections 41102 and
        41108, and if the airman holds a certificate issued or made
        valid by the Government.''.

SEC. 12. WAIVERS FOR NON-CITIZEN AIR CARRIER PARTICIPATION IN THE CIVIL
              RESERVE AIR FLEET.

    (a) In General.--Chapter 931 of title 10, United States Code, is
amended by adding at the end the following:
``Sec. 9518. Non-citizen air carriers: waiver authority
    ``(a) Waiver Authority.--In the case of any air carrier described
in subsection (b) or any aircraft owned by an air carrier described in
subsection (b), the Secretary of Defense may waive any citizenship
requirement under this chapter. Any such waiver--
            ``(1) shall be for a period not to exceed two years;
            ``(2) may be revoked at any time by the Secretary; and
            ``(3) may be renewed for an additional two-year period for
        an unlimited number of times.
    ``(b) Air Carrier Described.--An air carrier described in this
section is an air carrier--
            ``(1) owned by a person who is not a citizen of the United
        States and who is organized under the laws of the United States
        or a State, territory, or the District of Columbia; and
            ``(2) that holds a certificate of public convenience and
        necessity under section 41102 of title 49.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``9518. Non-citizen air carriers: waiver authority.''.

Output: Free to Fly Act The bill modifies definitions relating to aviation to permit a foreign air carrier to own U.S. domestic air routes. The foreign carrier may establish U.S.-based subsidiaries for such purpose.  All foreign-owed air carriers that obtain a certificate to fly domestic routes may only hire U.S. citizens or nationals, or permanent legal residents. The Department of Transportation (DOT) may issue a certificate of public convenience and necessity to a foreign air carrier with a board of directors that is comprised of more than 49% non-U.S. citizens. The bill expands the scope of the President's review of DOT actions involving foreign air carriers. The Department of Defense may waive citizenship requirements for certain foreign air carriers participating in the civil reserve air fleet.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antitrust Criminal Penalty
Enhancement and Reform Act of 2003''.

 TITLE I--ANTITRUST ENFORCEMENT ENHANCEMENTS AND COOPERATION INCENTIVES

SEC. 101. SUNSET.

    (a) In General.--Except as provided in subsection (b), the
provisions of sections 101 through 104 shall cease to have effect 5
years after the date of enactment of this Act.
    (b) Exception.--With respect to an applicant who has entered into
an antitrust leniency agreement on or before the date on which the
provisions of sections 101 through 104 of this title shall cease to
have effect, the provisions of sections 101 through 104 of this title
shall continue in effect.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Antitrust division.--The term ``Antitrust Division''
        means the United States Department of Justice Antitrust
        Division.
            (2) Antitrust leniency agreement.--The term ``antitrust
        leniency agreement,'' or ``agreement,'' means a leniency letter
        agreement, whether conditional or final, between a person and
        the Antitrust Division pursuant to the Corporate Leniency
        Policy of the Antitrust Division in effect on the date of
        execution of the agreement.
            (3) Antitrust leniency applicant.--The term ``antitrust
        leniency applicant,'' or ``applicant,'' means, with respect to
        an antitrust leniency agreement, the person that has entered
        into the agreement.
            (4) Claimant.--The term ``claimant'' means a person or
        class, that has brought, or on whose behalf has been brought, a
        civil action described in section 104(1), except that the term
        does not include a State or a subdivision of a State with
        respect to a civil action brought to recover damages sustained
        by the State or subdivision.
            (5) Cooperating individual.--The term ``cooperating
        individual'' means, with respect to an antitrust leniency
        agreement, a current or former director, officer, or employee
        of the antitrust leniency applicant who is covered by the
        agreement.
            (6) Person.--The term ``person'' has the meaning given it
        in subsection (a) of the first section of the Clayton Act.

SEC. 103. LIMITATION ON RECOVERY.

    (a) In General.--Subject to subsection (d), in any civil action
alleging a violation of section 1 or 3 of the Sherman Act, or alleging
a violation of any similar State law, based on conduct covered by a
currently effective antitrust leniency agreement, the amount of damages
recovered by or on behalf of a claimant from an antitrust leniency
applicant who satisfies the requirements of subsection (b), together
with the amounts so recovered from cooperating individuals who satisfy
such requirements, shall not exceed that portion of the actual damages
sustained by such claimant which is attributable to the commerce done
by the applicant in the goods or services affected by the violation.
    (b) Requirements.--Subject to subsection (c), an antitrust leniency
applicant or cooperating individual satisfies the requirements of this
subsection with respect to a civil action described in subsection (a)
if the court in which the civil action is brought determines that the
applicant or cooperating individual, as the case may be, has provided
satisfactory cooperation to the claimant with respect to the civil
action, which cooperation shall include--
            (1) providing a full account to the claimant of all facts
        known to the applicant or cooperating individual, as the case
        may be, that are potentially relevant to the civil action;
            (2) furnishing all documents or other items potentially
        relevant to the civil action that are in the possession,
        custody, or control of the applicant or cooperating individual,
        as the case may be, wherever they are located; and
            (3)(A) in the case of a cooperating individual--
                    (i) making himself or herself available for such
                interviews, depositions, or testimony in connection
                with the civil action as the claimant may reasonably
                require; and
                    (ii) responding completely and truthfully, without
                making any attempt either falsely to protect or falsely
                to implicate any person or entity, and without
                intentionally withholding any potentially relevant
                information, to all questions asked by the claimant in
                interviews, depositions, trials, or any other court
                proceedings in connection with the civil action; or
            (B) in the case of an antitrust leniency applicant, using
        its best efforts to secure and facilitate from cooperating
        individuals covered by the agreement the cooperation described
        in paragraphs (1) and (2) and subparagraph (A).
    (c) Timelines.--If the initial contact by the antitrust leniency
applicant with the Antitrust Division regarding conduct covered by the
antitrust leniency agreement occurs after a civil action described in
subsection (a) has been filed, then the court shall consider, in making
the determination concerning satisfactory cooperation described in
subsection (b), the timeliness of the applicant's initial cooperation
with the claimant.
    (d) Continuation.--Nothing in this section shall be construed to
modify, impair, or supersede the provisions of sections 4, 4A, and 4C
of the Clayton Act relating to the recovery of costs of suit, including
a reasonable attorney's fee, and interest on damages, to the extent
that such recovery is authorized by such sections.

SEC. 104. RIGHTS AND AUTHORITY OF ANTITRUST DIVISION NOT AFFECTED.

    Nothing in this title shall be construed to--
            (1) affect the rights of the Antitrust Division to seek a
        stay or protective order in a civil action based on conduct
        covered by an antitrust leniency agreement to prevent the
        cooperation described in section 103(b) from impairing or
        impeding the investigation or prosecution by the Antitrust
        Division of conduct covered by the agreement; or
            (2) create any right to challenge any decision by the
        Antitrust Division with respect to an antitrust leniency
        agreement.

SEC. 105. INCREASED PENALTIES FOR ANTITRUST VIOLATIONS.

    (a) Restraint of Trade Among the States.--Section 1 of the Sherman
Act (15 U.S.C. 1) is amended by--
            (1) striking ``$10,000,000'' and inserting
        ``$100,000,000'';
            (2) striking ``$350,000'' and inserting ``$1,000,000''; and
            (3) striking ``three'' and inserting ``10''.
    (b) Monopolizing Trade.--Section 2 of the Sherman Act (15 U.S.C. 2)
is amended by--
            (1) striking ``$10,000,000'' and inserting
        ``$100,000,000'';
            (2) striking ``$350,000'' and inserting ``$1,000,000''; and
            (3) striking ``three'' and inserting ``10''.
    (c) Other Restraints of Trade.--Section 3 of the Sherman Act (15
U.S.C. 3) is amended by--
            (1) striking ``$10,000,000'' and inserting
        ``$100,000,000'';
            (2) striking ``$350,000'' and inserting ``$1,000,000''; and
            (3) striking ``three'' and inserting ``10''.
    (d) Sentencing Guideline for Antitrust Offenses.--The Guidelines
Manual promulgated by the Sentencing Commission pursuant to section
994(a) of title 28, United States Code, is amended as follows:
            (1) Section 2R1.1(a) is amended by striking ``10'' and
        inserting ``14''.
            (2) The volume of commerce table in section 2R1.1(b)(2) is
        amended to read as follows:
            ``(2) If the volume of commerce attributable to the
        defendant was more than $5,000,000, adjust the offense level as
        follows:

``Volume of                                               Adjustment to
Commerce (Apply the Greatest):                           Offense Level:
    More than $5,000,000..........................               add 1
    More than $10,000,000.........................               add 2
    More than $20,000,000.........................               add 4
    More than $40,000,000.........................               add 6
    More than $80,000,000.........................               add 8
    More than $160,000,000........................              add 10
    More than $320,000,000........................              add 12
    More than $640,000,000........................              add 14
    More than $1,000,000,000......................           add 16.''.
            (3) Section 2R1.1(c)(1) is amended by striking ``$20,000''
        and inserting ``$50,000''.

                      TITLE II--TUNNEY ACT REFORM

SEC. 201. PUBLIC INTEREST DETERMINATION.

    Section 5 of the Clayton Act (15 U.S.C. 16) is amended--
            (1) in subsection (d), by inserting at the end the
        following: ``Upon application by the United States, the
        district court may, for good cause (based on a finding that the
        expense of publication in the Federal Register exceeds the
        public interest benefits to be gained from such publication),
        authorize an alternative method of public dissemination of the
        public comments received and the response to those comments.'';
        and
            (2) in subsection (e)--
                    (A) in the matter before paragraph (1), by--
                            (i) inserting ``independently'' after
                        ``shall'';
                            (ii) striking ``court may'' and inserting
                        ``court shall''; and
                            (iii) inserting ``(1)'' before ``Before'';
                        and
                    (B) striking paragraphs (1) and (2) and inserting
                the following:
            ``(A) the competitive impact of such judgment, including
        termination of alleged violations, provisions for enforcement
        and modification, duration of relief sought, anticipated
        effects of alternative remedies actually considered, whether
        its terms are ambiguous and any other competitive
        considerations bearing upon the adequacy of such judgment
        necessary to a determination of whether the consent judgment is
        in the public interest; and
            ``(B) the impact of entry of such judgment upon competition
        in the relevant market or markets, upon the public generally
        and individuals alleging specific injury from the violations
        set forth in the complaint including consideration of the
        public benefit, if any, to be derived from a determination of
        the issues at trial.
    ``(2) The Court shall not enter any consent judgment proposed by
the United States under this section unless it finds that there is
reasonable belief, based on substantial evidence and reasoned analysis,
to support the United States' conclusion that the consent judgment is
in the public interest. In making its determination as to whether entry
of the consent judgment is in the public interest, the Court shall not
be limited to examining only the factors set forth in this subsection,
but may consider any other factor relevant to the competitive impact of
the judgment.''.

Output:
Antitrust Criminal Penalty Enhancement and Reform Act of 2003 - Provides that in a civil action alleging a violation of the Sherman Act or of any similar State law based on conduct covered by an antitrust leniency agreement, the amount of damages recovered by a claimant from an applicant and cooperating individuals who satisfy this Act's requirements shall not exceed that portion of the actual damages sustained by the claimant that is attributable to the commerce done by the applicant in the goods or services affected by the violation (thus shielding organizations that cooperate with the Government from liability for treble damages).

Provides that an applicant or cooperating individual satisfies this Act's requirements if the court determines that such applicant or individual has provided satisfactory cooperation to the claimant, including: (1) providing a full account of all facts known that are potentially relevant to the civil action; and (2) furnishing all potentially relevant items that are in the applicant's or cooperating individual's possession or control.

Amends: (1) the Sherman Act to increase maximum prison sentences (from three years to ten years) and raise the maximum fine for individuals (from $350,000 to $1 million) for restraint of trade among the States, monopolizing trade, and other restraints of trade; and (2) the Antitrust Procedures and Penalties Act (Tunney Act) to require (current law allows) the court to consider specified factors, including the competitive impact of a judgment.


Input:
SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Department of Veterans Affairs
Claims Backlog Reduction Act of 2002''.

SEC. 2. FINDINGS.

     Congress finds the following:
            (1) There are over 25,000,000 honorably discharged veterans
        of the Armed Forces of the United States.
            (2) There are over 500,000 veterans who have claims pending
        with the Department of Veterans Affairs for veterans' benefits,
        and approximately 100,000 of such claims are over one year old
        without resolution.
            (3) The Nation's veterans are dying at a rate of over 1,000
        veterans a day.
            (4) It is the responsibility of the United States
        Government to live up to the promises to the Nation's veterans
        that were made and accepted.
            (5) The National Association of County Veterans Service
        Officers is an organization that includes approximately 2,400
        full-time employees and whose members are present in 37 States.
            (6) Members of the National Association of County Veterans
        Service Officers stand ready to partner with the Department of
        Veterans Affairs in order to eliminate the backlog of claims
        for veterans' benefits.

SEC. 3. DEFINITIONS.

     In this Act:
            (1) The term ``claimant'' means an individual applying for,
        or submitting a claim for, any benefit under the laws
        administered by the Secretary of Veterans Affairs.
            (2) The term ``County Veterans Service Officer'' means any
        person employed by or funded by any county, parish, borough, or
        territory whose job it is to assist veterans and eligible
        dependents in the application for, administration of, or
        receipt of benefits under any Federal, State, or County
        veterans' benefit program.
            (3) The term ``injury or illness claim'' means a claim for
        benefits that is documented as being service-connected.
            (4) The term ``presumptive claim'' means a claim for
        benefits that is presumptively connected to a specific tour of
        duty or to specific types of military assignment.
            (5) The term ``statutory claims'' means those claims for
        benefits defined in section 5101 of title 38, United States
        Code.
            (6) The term ``specific claims'' includes statutory claims,
        presumptive claims, and injury or illness claims.
            (7) The term ``ready to be rated'' means that there is
        sufficient information to evaluate the claimed disability and
        to assign a rating based on degree of disability.
            (8) The term ``State'' has the meaning given that term in
        section 101(20) of title 38, United States Code.

SEC. 4. REDUCTION OF BACKLOG OF VETERANS' CLAIMS.

    (a) Referral of Claims to County Veterans Service Officers.--
            (1) The Secretary of Veterans Affairs shall identify the
        backlog of veterans' claims as of the date of the enactment of
        this Act and shall categorize those claims into types of
        specific claims. As part of such categorization, the Secretary
        shall identify the pending claims that require development. The
        Secretary shall refer those claims requiring development to a
        County Veterans Service Office for development.
            (2) The Secretary shall choose a County Veterans Service
        Office for development of a claim based upon the office's
        geographical proximity to the claimant.
            (3) A claim referred to a County Veterans Service Office
        for development shall be accompanied by specification from the
Secretary of the information that is required to develop the claim and
the information that is needed to make the claim ready to rate.
    (b) Filing of Claims With County Veterans Service Officers.--Claims
for benefits under laws administered by the Secretary of Veterans
Affairs may be submitted to County Veterans Service Officers. Receipt
of such a claim by a County Veterans Service Officer under this Act
shall be treated for all purposes as receipt of the claim by the
Secretary of Veterans Affairs.

SEC. 5. DEVELOPMENT OF CLAIMS.

    (a) Development of Claims by County Veterans Service Officer.--When
a County Veterans Service Officer receives a claim referred under
section 4(a) or receives a claim under section 4(b), that officer shall
make personal contact with the claimant, explain the situation, and
develop the claim.
    (b) Authority to Fully Develop Claim.--A County Veterans Service
Officer to whom a claim is referred under section 4(a) or receives a
claim under section 4(b) shall have the authority to fully develop the
claim and to transmit the claim to the Secretary of Veterans Affairs
when the claim is ready to be rated.
    (c) Procedure.--Once the claim has been fully developed, the claim
shall be transmitted back to the Secretary with the information
developed in accordance with the specification under section 3(a)(3)
and a statement from the County Veterans Service Officer indicating
that the claim is ready to rate.
    (d) Fully Developed Claims.--For purposes of this section, a claim
shall be considered to be fully developed when the County Veterans
Service Officer has obtained all items that that officer determines are
necessary to substantiate the claim and all items that the Secretary of
Veterans Affairs has specifically specified to be developed in
connection with the claim.

SEC. 6. INFORMATION SHARING.

     Veterans' information contained in the Benefits Delivery Network
of the Department of Veterans Affairs shall be accessible to County
Veterans Service Offices in order to provide County Veterans Service
Offices with online access to client information contained in the
Department of Veterans Affairs database. Such information shall be used
by such offices to develop veterans' claims under this Act and for no
other purpose.

SEC. 7. ALLOCATION OF FUNDS.

    (a) In General.--Funding for purposes of this Act shall be
allocated by grant to the States based on the population of veterans in
the respective States. Funds allocated to a State under this Act shall
be directed to County Veterans Service Offices within the State through
the State Department of Veterans Affairs (or the equivalent).
    (b) State Overhead.--A State Department of Veterans Affairs may
retain from any such grant for any fiscal year an amount equal to the
expenses incurred by that State for administrative overhead in
administering grants for that year, except that the amount so retained
in any fiscal year may not exceed 3 percent of the amount of the grant
to that State for that fiscal year.
    (c) Funds for Education and Training.--A portion of the funding
received by a State under this Act for any fiscal year, as determined
by the Secretary of Veterans Affairs in agreement with County Veterans
Service Offices, shall be used for County Veterans Service Officers to
attend educational programs sponsored by or equivalent to the National
Association of County Veterans Service Officers annual continuing
education and accreditation training.
    (d) Limitation on Federal Funding.--Federal funds under this Act
may not be used to provide more than 50 percent of the total costs for
County Veterans Service Offices and shall be used to expand existing
programs, not to supplant existing local government funding.
    (e) Establishment of New Cvso Programs.--(1) In the case of a State
that as of the date of the enactment of this Act does not have a County
Veterans Service Officer program, Federal funding under this Act may be
used by units of local government to establish such a program to assist
veterans and their dependents in filing applications for veterans
benefits and for the purposes specified in this Act.
    (2) In a State covered by paragraph (1), if a unit of local
government chooses not to establish a County Veterans Service Officers
program as described in that paragraph, the State department of
veterans affairs (or the equivalent) may elect to perform the services
as specified in this Act for that State.
    (3) In a State covered by paragraph (1), if both units of local
government and the State government elect not to use some or all of the
funds, the unused amount shall revert back to the Secretary of Veterans
Affairs and shall be reallocated to those State department of veterans
affairs (or the equivalent) in which County Veterans Service Officers
programs exist to further expand services to veterans in those States
in support of the veterans claims backlog reduction services under this
Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

     There are authorized to be appropriated to the Secretary of
Veterans Affairs to carry out this Act $70,000,000 for each of fiscal
years 2003, 2004, and 2005.

Output: Department of Veterans Affairs Claims Backlog Reduction Act of 2002 - Directs the Secretary of Veterans Affairs to: (1) identify the current backlog of veterans' claims for benefits through the Department of Veterans Affairs and to categorize those claims; and (2) identify claims that need further development and refer them to a geographically appropriate County Veterans Service Office. Allows veterans' claims to be submitted to County Veterans Service Officers (in lieu of the Department) and authorizes the Officers to fully develop such claims. Requires appropriate information sharing between the Department's Benefits Delivery Network and the Offices.Requires funding provided by this Act to be allocated to States based on their respective populations of veterans and allocates such funds to the appropriate Office. Prohibits Federal funding from exceeding 50 percent of the costs of Office operations. Allows funding to be used to establish Officer programs in States that do not have one.


Input:
TITLE I--NICODEMUS NATIONAL HISTORIC SITE

SEC. 101. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the town of Nicodemus, in Kansas, has national
        significance as the only remaining western town established by
        African-Americans during the Reconstruction period following
        the Civil War;
            (2) the town of Nicodemus is symbolic of the pioneer spirit
        of African-Americans who dared to leave the only region they
        had been familiar with to seek personal freedom and the
        opportunity to develop their talents and capabilities; and
            (3) the town of Nicodemus continues to be a viable African-
        American community.
    (b) Purposes.--The purposes of this title are--
            (1) to preserve, protect, and interpret for the benefit and
        enjoyment of present and future generations, the remaining
        structures and locations that represent the history (including
        the settlement and growth) of the town of Nicodemus, Kansas;
        and
            (2) to interpret the historical role of the town of
        Nicodemus in the Reconstruction period in the context of the
        experience of westward expansion in the United States.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Historic site.--The term ``historic site'' means the
        Nicodemus National Historic Site established by section 103.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 103. ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE.

    (a) Establishment.--There is established the Nicodemus National
Historic Site in Nicodemus, Kansas.
    (b) Description.--
            (1) In general.--The historic site shall consist of the
        First Baptist Church, the St. Francis Hotel, the Nicodemus
        School District Number 1, the African Methodist Episcopal
        Church, and the Township Hall located within the approximately
        161.35 acres designated as the Nicodemus National Landmark in
        the Township of Nicodemus, Graham County, Kansas, as registered
        on the National Register of Historic Places pursuant to section
        101 of the National Historic Preservation Act (16 U.S.C. 470a),
        and depicted on a map entitled ``Nicodemus National Historic
        Site'', numbered 80,000 and dated August 1994.
            (2) Map and boundary description.--The map referred to in
        paragraph (1) and an accompanying boundary description shall be
        on file and available for public inspection in the office of
        the Director of the National Park Service and any other office
        of the National Park Service that the Secretary determines to
        be an appropriate location for filing the map and boundary
        description.

SEC. 104. ADMINISTRATION OF THE HISTORIC SITE.

    (a) In General.--The Secretary shall administer the historic site
in accordance with--
            (1) this title; and
            (2) the provisions of law generally applicable to units of
        the National Park System, including the Act entitled ``An Act
        to establish a National Park Service, and for other purposes'',
        approved August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of
        August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et
        seq.).
    (b) Cooperative Agreements.--To further the purposes specified in
section 101(b), the Secretary may enter into a cooperative agreement
with any interested individual, public or private agency, organization,
or institution.
    (c) Technical and Preservation Assistance.--
            (1) In general.--The Secretary may provide to any eligible
        person described in paragraph (2) technical assistance for the
        preservation of historic structures of, the maintenance of the
        cultural landscape of, and local preservation planning for, the
        historic site.
            (2) Eligible persons.--The eligible persons described in
        this paragraph are--
                    (A) an owner of real property within the boundary
                of the historic site, as described in section 103(b);
                and
                    (B) any interested individual, agency,
                organization, or institution that has entered into an
                agreement with the Secretary pursuant to subsection
                (b).

SEC. 105. ACQUISITION OF REAL PROPERTY.

    (a) In General.--Subject to subsection (b), the Secretary is
authorized to acquire by donation, exchange, or purchase with funds
made available by donation or appropriation, such lands or interests in
lands as may be necessary to allow for the interpretation,
preservation, or restoration of the First Baptist Church, the St.
Francis Hotel, the Nicodemus School District Number 1, the African
Methodist Episcopal Church, or the Township Hall, as described in
section 103(b)(1), or any combination thereof.
    (b) Limitations.--
            (1) Acquisition of property owned by the state of kansas.--
        Real property that is owned by the State of Kansas or a
        political subdivision of the State of Kansas that is acquired
        pursuant to subsection (a) may only be acquired by donation.
            (2) Consent of owner required.--No real property may be
        acquired under this section without the consent of the owner of
        the real property.

SEC. 106. GENERAL MANAGEMENT PLAN.

    (a) In General.--Not later than the last day of the third full
fiscal year beginning after the date of enactment of this Act, the
Secretary shall, in consultation with the officials described in
subsection (b), prepare a general management plan for the historic
site.
    (b) Consultation.--In preparing the general management plan, the
Secretary shall consult with an appropriate official of each of the
following:
            (1) The Nicodemus Historical Society.
            (2) The Kansas Historical Society.
            (3) Appropriate political subdivisions of the State of
        Kansas that have jurisdiction over all or a portion of the
        historic site.
    (c) Submission of Plan to Congress.--Upon the completion of the
general management plan, the Secretary shall submit a copy of the plan
to--
            (1) the Committee on Energy and Natural Resources of the
        Senate; and
            (2) the Committee on Resources of the House of
        Representatives.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department of the
Interior such sums as are necessary to carry out this title.

       TITLE II--NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT

SEC. 201. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the New Bedford National Historic Landmark District and
        associated historic sites as described in section 203(b) of
        this title, including the Schooner Ernestina, are National
        Historic Landmarks and are listed on the National Register of
        Historic Places as historic sites associated with the history
        of whaling in the United States;
            (2) the city of New Bedford was the 19th century capital of
        the world's whaling industry and retains significant
        architectural features, archival materials, and museum
        collections illustrative of this period;
            (3) New Bedford's historic resources provide unique
        opportunities for illustrating and interpreting the whaling
        industry's contribution to the economic, social, and
        environmental history of the United States and provide
        opportunities for public use and enjoyment; and
            (4) the National Park System presently contains no sites
        commemorating whaling and its contribution to American history.
    (b) Purposes.--The purposes of this title are--
            (1) to help preserve, protect, and interpret the resources
        within the areas described in section 203(b) of this title,
        including architecture, setting, and associated archival and
        museum collections;
            (2) to collaborate with the city of New Bedford and with
        local historical, cultural, and preservation organizations to
        further the purposes of the park established under this title;
        and
            (3) to provide opportunities for the inspirational benefit
        and education of the American people.

SEC. 202. DEFINITIONS.

    For the purposes of this title:
            (1) The term ``park'' means the New Bedford Whaling
        National Historical Park established by section 203.
            (2) The term ``Secretary'' means the Secretary of the
        Interior.

SEC. 203. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK.

    (a) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national historical
park certain districts structures, and relics located in New Bedford,
Massachusetts, and associated with the history of whaling and related
social and economic themes in America, there is established the New
Bedford Whaling National Historical Park.
    (b) Boundaries.--(1) The boundaries of the park shall be those
generally depicted on the map numbered NAR-P49-80000-4 and dated June
1994. Such map shall be on file and available for public inspection in
the appropriate offices of the National Park Service. In case of any
conflict between the descriptions set forth in subparagraphs (A)
through (D) and such map, such map shall govern. The park shall include
the following:
            (A) The area included within the New Bedford National
        Historic Landmark District, known as the Bedford Landing
        Waterfront Historic District, as listed within the National
        Register of Historic Places and in the Massachusetts State
        Register of Historic Places.
            (B) The National Historic Landmark Schooner Ernestina, with
        its home port in New Bedford.
            (C) The land along the eastern boundary of the New Bedford
        National Historic Landmark District over to the east side of
        MacArthur Drive from the Route 6 overpass on the north to an
        extension of School Street on the south.
            (D) The land north of Elm Street in New Bedford, bounded by
        Acushnet Avenue on the west, Route 6 (ramps) on the north,
        MacArthur Drive on the east, and Elm Street on the south.
    (2) In addition to the sites, areas and relics referred to in
paragraph (1) , the Secretary may assist in the interpretation and
preservation of each of the following:
            (A) The southwest corner of the State Pier.
            (B) Waterfront Park, immediately south of land adjacent to
        the State Pier.
            (C) The Rotch-Jones-Duff House and Garden Museum, located
        at 396 County Street.
            (D) The Wharfinger Building, located on Piers 3 and 4.
            (E) The Bourne Counting House, located on Merrill's Wharf.

SEC. 204. ADMINISTRATION OF PARK.

    (a) In General.--The park shall be administered by the Secretary in
accordance with this title and the provisions of law generally
applicable to units of the national park system, including the Act
entitled ``An Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3,
and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-
467).
    (b) Cooperative Agreements.--(1) The Secretary may consult and
enter into cooperative agreements with interested entities and
individuals to provide for the preservation, development,
interpretation, and use of the park.
    (2) Any payment made by the Secretary pursuant to a cooperative
agreement under this subsection shall be subject to an agreement that
conversion, use, or disposal of the project so assisted for purposes
contrary to the purposes of this title, as determined by the Secretary,
shall result in a right of the United States to reimbursement of all
funds made available to such project or the proportion of the increased
value of the project attributable to such funds as determined at the
time of such conversion, use, or disposal, whichever is greater.
    (c) Non-Federal Matching Requirements.--(1) Funds authorized to be
appropriated to the Secretary for the purposes of--
            (A) cooperative agreements under subsection (b) shall be
        expended in the ratio of one dollar of Federal funds for each
        four dollars of funds contributed by non-Federal sources; and
            (B) construction, restoration, and rehabilitation of
        visitor and interpretive facilities (other than annual
        operation and maintenance costs) shall be expended in the ratio
        of one dollar of Federal funds for each one dollar of funds
        contributed by non-Federal sources.
    (2) For the purposes of this subsection, the Secretary is
authorized to accept from non-Federal sources, and to utilize for
purposes of this title, any money so contributed. With the approval of
the Secretary, any donation of property, services, or goods from a non-
Federal source may be considered as a contribution of funds from a non-
Federal source for the purposes of this subsection.
    (d) Acquisition of Real Property.--For the purposes of the park,
the Secretary may acquire only by donation lands, interests in lands,
and improvements thereon within the park.
    (e) Other Property, Funds, and Services.--The Secretary may accept
donated funds, property, and services to carry out this title.

SEC. 205. GENERAL MANAGEMENT PLAN.

    Not later than the end of the second fiscal year beginning after
the date of enactment of this Act, the Secretary shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a general
management plan for the park and shall implement such plan as soon as
practically possible. The plan shall be prepared in accordance with
section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)) and
other applicable law.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Except as provided in subsection (b), there are
authorized to be appropriated such sums as may be necessary to carry
out annual operations and maintenance with respect to the park.
    (b) Exceptions.--In carrying out this title--
            (1) not more than $2,000,000 may be appropriated for
        construction, restoration, and rehabilitation of visitor and
        interpretive facilities, and directional and visitor
        orientation signage;
            (2) none of the funds authorized to be appropriated by this
        title may be used for the operation or maintenance of the
        Schooner Ernestina; and
            (3) not more than $50,000 annually of Federal funds may be
        used for interpretive and educational programs for the Schooner
        Ernestina pursuant to cooperative grants under section 204(b).

            Passed the Senate May 2, 1996.

            Attest:

                                             KELLY D. JOHNSTON,

                                                             Secretary.

Output:
TABLE OF CONTENTS:
     Title I:  Nicodemus National Historic Site
     Title II:  New Bedford National Historic Landmark District
Title I:  Nicodemus National Historic Site
 - Establishes the Nicodemus National Historic Site in Nicodemus, Kansas.
Authorizes the Secretary of the Interior to:  (1) provide technical assistance for the preservation of historic structures, the maintenance of the cultural landscape, and local preservation planning; and (2) acquire certain real property in connection with the Site.
Directs the Secretary to prepare and submit to specified congressional committees a general management plan for the Site.
Authorizes appropriations.
Title II:  New Bedford National Historic Landmark District
 - Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, to be administered as a unit of the national park system.  Requires expenditures to consist of:  (1) one dollar of Federal funds for each four dollars of non-Federal funds for cooperative agreements entered into under this Act for preservation, development, interpretation, and use of the Park; and (2) non-Federal funds matching Federal funds for visitor and interpretive facilities (other than operation and maintenance costs).
Requires the Secretary of the Interior to submit to specified congressional committees and to implement a general management plan for the Park.  Authorizes appropriations.  Limits the amount that may be appropriated for visitor and interpretive facilities and directional and visitor orientation signage.  Prohibits the use of appropriations authorized under this Act for operation or maintenance of the Schooner Ernestina and limits the amount of Federal funds that may be used annually for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under this Act.


Input:
SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Crossroads of the American
Revolution National Heritage Area Act of 2003''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) New Jersey was of critical importance during the
        American Revolution due to its strategic location between the
        British armies headquartered in New York City and the
        Continental Congress sitting in the City of Philadelphia.
            (2) General George Washington spent almost half of the
        period of the American Revolution personally commanding troops
        of the Continental Army in New Jersey including 2 severe winter
        encampments at what is now Morristown National Historical Park,
        a unit of the National Park System.
            (3) It was during the 10 crucial days of the American
        Revolution between December 25, 1776, and January 3, 1777, when
        General Washington, after retreating across New Jersey from New
        York City to Pennsylvania in the face of total defeat for the
        Nation``s cause, recrossed the Delaware River on Christmas
        night, 1776, and won crucial battles at Trenton and Princeton.
        Thomas Paine, who accompanied the troops during the retreat,
        described the events as, `the times that try men's souls''.
            (4) There are situated in the State of New Jersey the sites
        of 296 engagements including several important battles of the
        American Revolution, which collectively are of significant
        importance to the outcome of the overall conflict and the
        history of the United States. Among these are National Historic
        Landmarks including Washington's Crossing, the Old Trenton
        Barracks, and Princeton, Monmouth and Red Bank Battlefields.
            (5) Additional national Historic Landmarks include the
        homes of Richard Stockton, Joseph Hewes, John Witherspoon, and
        Francis Hopkinson, all signers of the Declaration of
        Independence, Elias Boudinout, President of the Continental
        Congress and William Livingston, patriot and Governor of New
        Jersey from 1776 to 1790.
            (6) Portions of the landscapes important to the strategies
        of both armies including waterways, mountains, farms, wetlands,
        villages and roadways retain integrity of the period of the
        American Revolution and offer outstanding opportunities for
        conservation, education, and recreation.
            (7) The National Register of Historic Places lists 251
        buildings and sites in the National Park Service study area for
        Crossroads of the American Revolution associated with the
        period of the American Revolution.
            (8) Civilian populations residing in New Jersey suffered
        extreme hardships during the American Revolution due to the
        continuous conflict within its borders, foraging armies, and
        marauding contingents of loyalist Tories and rebel
        sympathizers.
            (9) Because of the important role that New Jersey played in
        the successful outcome of the American Revolution there is a
        Federal interest for the development of a regional framework to
        assist the State of New Jersey, other local organizations and
        governments, and private citizens to preserve and protect
        natural, cultural, and historic resources of the period and to
        bring recognition to this important heritage for the
        educational and recreational benefit of this and future
        generations of Americans.
            (10) The National Park Service has conducted a National
        Heritage Feasibility Study in the State of New Jersey that
        demonstrates the sufficient assemblage of nationally
        distinctive natural, cultural, and historic resources necessary
        to establish the Crossroads of the American Revolution National
        Heritage Area.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To build the capacity of communities, organizations,
        and citizens in New Jersey to preserve the special historic
        identity of the region and its importance to the Nation.
            (2) To foster a close working relationship with all levels
        of government, the private sector, and the local communities in
        New Jersey.
            (3) To provide for the management, preservation,
        protection, and interpretation of the natural, historic, and
        cultural resources of the region for the educational and
        inspirational benefit of future generations.
            (4) To strengthen the value of Morristown National
        Historical Park as an asset to the region by establishing a
        network of related historic resources, protected landscapes,
        educational opportunities, and events depicting the
        revolutionary landscape of New Jersey.
            (5) To strengthen partnerships among Morristown National
        Historical Park and other public and privately owned resources
        in the heritage area, that together represent the strategic
        fulcrum of the American Revolution, as assets in the quality of
        life in the region.
            (6) To authorize Federal financial and technical assistance
        to serve these purposes.

SEC. 3. DEFINITIONS.

     For the purposes of this Act:
            (1) Association.--The term ``Association'' means the
        Crossroads of the American Revolution Association, Inc., a
        nonprofit corporation in the State of New Jersey.
            (2) Boundaries.--The term ``boundaries'' means the
        boundaries of the heritage area specified in section 4.
            (3) Heritage area.--The term ``heritage area'' means the
        Crossroads of the American Revolution National Heritage Area as
        established in section 4.
            (4) Management plan.--The term ``management plan'' means
        the management plan submitted under section 5.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 4. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State of New Jersey
the Crossroads of the American Revolution National Heritage Area.
    (b) Boundaries.--The boundaries of the heritage area shall include
all those lands and waters depicted on a map entitled ``Crossroads of
the American Revolution National Heritage Area'', numbered CRREL80,000
and dated April 2002. The map shall be on file in the appropriate
offices of the National Park Service.
    (c) Management Entity.--The management entity for the heritage area
shall be the Association.

SEC. 5. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE ASSOCIATION.

    (a) Duties of the Association.--To further the purposes of the
heritage area, the Association shall--
            (1) prepare and submit a management plan for the heritage
        area to the Secretary in accordance with section 6;
            (2) assist units of local government, regional planning
        organizations, and nonprofit organizations in implementing the
        approved management plan by--
                    (A) carrying out programs and projects that
                recognize, protect, and enhance important resource
                values within the heritage area;
                    (B) establishing and maintaining interpretive
                exhibits and programs within the heritage area;
                    (C) developing recreational and educational
                opportunities in the heritage area;
                    (D) increasing public awareness of and appreciation
                for natural, historic, and cultural resources of the
                heritage area;
                    (E) protecting and restoring historic sites and
                buildings in the heritage area that are consistent with
                heritage area themes;
                    (F) ensuring that clear, consistent, and
                appropriate signs identifying points of public access
                and sites of interest are posted throughout the
                heritage area; and
                    (G) promoting a wide range of partnerships among
                governments, organizations, and individuals to further
                the purposes of the heritage area;
            (3) consider the interests of diverse units of government,
        businesses, organizations, and individuals in the heritage area
        in the preparation and implementation of the management plan;
            (4) conduct Association meetings open to the public at
        least semiannually regarding the development and implementation
        of the management plan;
            (5) submit an annual report to the Secretary for any fiscal
        year in which the Association receives Federal funds under this
        Act, setting forth its accomplishments, expenses, and income,
        including grants to any other entities during the year for
        which the report is made;
            (6) make available for audit for any fiscal year in which
        it receives Federal funds under this Act, all information
        pertaining to the expenditure of such funds and any matching
        funds, and require in all agreements authorizing expenditures
        of Federal funds by other organizations, that the receiving
        organizations make available for such audit all records and
        other information pertaining to the expenditure of such funds;
            (7) encourage by appropriate means economic viability that
        is consistent with the purposes of the heritage area; and
            (8) maintain its headquarters at Morristown National
        Historical Park and in Mercer County.
    (b) Authorities.--The Association may, for the purposes of
preparing and implementing the management plan for the heritage area,
use Federal funds made available through this Act to__
            (1) make grants to the State of New Jersey, its political
        subdivisions, nonprofit organizations and other persons;
            (2) enter into cooperative agreements with or provide
        technical assistance to the State of New Jersey, its political
        jurisdictions, nonprofit organizations, and other interested
        parties;
            (3) hire and compensate staff which shall include
        individuals with expertise in natural, cultural, historic
        resources protection, and heritage programming;
            (4) obtain money or services from any source, including any
        that are provided under any other Federal law or program;
            (5) contract for goods or services; and
            (6) undertake to be a catalyst for any other activity that
        furthers the purposes of the heritage area and is consistent
        with the approved management plan.
    (c) Prohibitions on the Acquisition of Real Property.--The
Association may not use Federal funds received under this Act to
acquire real property, but may use any other source of funding,
including other Federal funding, intended for the acquisition of real
property.

SEC. 6. MANAGEMENT PLAN.

    (a) In General.--The management plan for the heritage area shall--
            (1) include comprehensive polices, strategies and
        recommendations for conservation, funding, management, and
        development of the heritage area;
            (2) take into consideration existing State, county, and
        local plans in the development of the management plan and its
        implementation;
            (3) include a description of actions that governments,
        private organizations, and individuals have agreed to take to
        protect the natural, historic, and cultural resources of the
        heritage area;
            (4) specify the existing and potential sources of funding
        to protect, manage, and develop the heritage area in the first
        5 years of implementation;
            (5) include an inventory of the natural, historical,
        cultural, educational, scenic and recreational resources of the
        heritage area related to the themes of the heritage area that
        should be preserved, restored, managed, developed, or
        maintained;
            (6) recommend policies and strategies for resource
        management which consider and detail the application of
        appropriate land and water management techniques including, but
        not limited to, the development of intergovernmental and
        interagency cooperative agreements to protect the heritage
        area's natural, historical, cultural, educational, scenic and
        recreational resources;
            (7) describe a program of implementation for the management
        plan including plans for resource protection, restoration,
        construction, and specific commitments for implementation that
        have been made by the Association or any government,
        organization, or individual for the first 5 years of
        implementation;
            (8) include an analysis and recommendations for ways in
        which local, State, and Federal programs, including the role of
        the National Park Service in the heritage area, may best be
        coordinated to further the purposes of this Act; and
            (9) include an interpretive plan for the heritage area.
    (b) Deadline and Termination of Funding.--
            (1) Deadline.--The Association shall submit the management
        plan to the Secretary for approval within 3 years after funds
        are made available for this Act.
            (2) Termination of funding.--Upon completion of the 3-year
        period in this subsection, further funding pursuant to this Act
        shall only be made available to the Association for the
        implementation of the management plan upon approval by the
        Secretary as provided in Section 7 of this Act.

SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--
            (1) In general.--The Secretary may, upon the request of the
        Association provide technical assistance on a reimbursable or
        nonreimbursable basis and financial assistance to the heritage
        area to develop and implement the approved management plan. The
        Secretary is authorized to enter into cooperative agreements
        with the Association and other public or private entities for
        this purpose. In assisting the heritage area, the Secretary
        shall give priority to actions that in general assist in--
                    (A) conserving the significant natural, historic,
                cultural, and scenic resources of the heritage area;
                and
                    (B) providing educational, interpretive, and
                recreational opportunities consistent with the purposes
                of the heritage area.
            (2) Other assistance.--Upon request, the Superintendent of
        Morristown National Historical Park may provide to public and
        private organizations within the heritage area, including the
        Association, such operational assistance as appropriate to
        support the implementation of the management plan for the
        heritage area, subject to the availability of appropriated
        funds. The Secretary is authorized to enter into cooperative
        agreements with public and private organizations for the
        purpose of implementing this subsection.
            (3) Preservation of historic properties.--The Secretary may
        provide assistance to State or local government or nonprofit
        organizations for appropriate treatment of historic objects or
        structures listed or eligible for listing on the National
        Register of Historic Places to further the purposes of this
        Act.
    (b) Approval and Disapproval of Management Plan.--
            (1) In general.--The Secretary shall approve or disapprove
        the management plan not later than 90 days after receiving the
        management plan.
            (2) Criteria for approval.--In determining to approve the
        management plan, the Secretary shall consider whether--
                    (A) the Board of Directors of the Association is
                representative of the diverse interests of the heritage
                area including governments, natural and historic
                resource protection organizations, education, business,
                and recreation;
                    (B) the Association has afforded adequate
                opportunity, including public hearings, for public and
                governmental involvement in the preparation of the
                management plan;
                    (C) the resource protection and interpretation
                strategies contained in the management plan, if
                implemented, would adequately protect the natural,
                historic, and cultural resources of the heritage area;
                and
                    (D) the Secretary has received adequate assurances
                from the appropriate State and local officials whose
                support is needed to ensure the effective
                implementation of the State and local aspects of the
                management plan.
            (3) Action following disapproval.--If the Secretary
        disapproves the management plan, the Secretary shall advise the
        Association in writing of the reasons therefore and shall make
        recommendations for revisions to the management plan. The
        Secretary shall approve or disapprove a proposed revision
        within 60 days after the date it is submitted.
            (4) Approval of amendments.--Substantial amendments to the
        management plan shall be reviewed by the Secretary and approved
        in the same manner as provided for the original management
        plan. The Association shall not use Federal funds authorized by
        this Act to implement any amendments until the Secretary has
        approved the amendments.

SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES.

     Any Federal agency conducting or supporting activities directly
affecting the heritage area shall--
            (1) consult with the Secretary and the Association with
        respect to such activities;
            (2) cooperate with the Secretary and the Association in
        carrying out their duties under this Act and, to the maximum
        extent practicable, coordinate such activities with the
        carrying out of such duties; and,
            (3) to the maximum extent practicable, conduct or support
        such activities in a manner which the association determines
        will not have an adverse effect on the heritage area.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated for the
purposes of this Act not more than $1,000,000 for any fiscal year. Not
more than a total of $10,000,000 may be appropriated for the
Association under this Act.
    (b) Matching Funds.--Federal funding provided under this Act may
not exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this Act.

SEC. 10. SUNSET.

     The authority of the Secretary to provide assistance under this
Act shall terminate on the day occurring 15 years after the date of the
enactment of the Act.

Output: Crossroads of the American Revolution National Heritage Area Act of 2003 - Establishes the Crossroads of the American Revolution National Heritage Area in New Jersey.Designates the Crossroads of the American Revolution Association, Inc. as the Area's management entity. Directs the Association to submit, and to assist local governments, regional planning organizations, and nonprofit entities in implementing, an area management plan which includes strategies for conservation, funding, management, and development of the Area.Bars the Association from using Federal funds received under this Act to acquire real property, but permits the Association to use any other source of funding, including other Federal funding, intended for the acquisition of real property. Limits Federal funding to 50 percent of any assistance provided.Authorizes the Secretary of the Interior to provide assistance to: (1) the Area to develop and implement the management plan; and (2) State or local government or nonprofit organizations for treatment of historical objects or structures eligible for listing on the National Register of Historic Places. Authorizes the Superintendent of Morristown National Historical Park to provide operational assistance supporting implementation of the management plan to public and private organizations within the Area, including the Association.