Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reducing Over-Classification Act of
2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) A key conclusion in the Final Report of the National
        Commission on Terrorist Attacks Upon the United States
        (commonly known as the ``9/11 Commission'') was the need to
        prevent over-classification by the Federal Government.
            (2) The 9/11 Commission and others have observed that the
        over-classification of homeland security information interferes
        with accurate, actionable, and timely homeland security
        information sharing, increases the cost of information
        security, and needlessly limits public access to information.
            (3) The over-classification problem, which has worsened
        since the 9/11 attacks, causes considerable confusion about
        what information can be shared with whom both internally at the
        Department of Homeland Security and with its external partners.
        This problem negatively impacts the dissemination of homeland
        security information to the Department's State, local, tribal,
        and territorial homeland security and law enforcement partners,
        private sector customers, and the public.
            (4) Excessive government secrecy stands in the way of a
        safer and more secure homeland. This trend is antithetical to
        the creation and operation of the information sharing
        environment established under section 1016 of the Intelligence
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), and
        must be halted and reversed.
            (5) To do so, the Department should start with the
        understanding that all departmental information that is not
        properly classified, or marked as controlled unclassified
        information and otherwise exempt from disclosure, should be
        made available to members of the public pursuant to section 552
        of title 5, United States Code (commonly referred to as the
        ``Freedom of Information Act'').
            (6) The Department should also develop and administer
        policies, procedures, and programs that promote compliance with
        applicable laws, executive orders, and other authorities
        pertaining to the proper use of classification markings and the
        United States National Archives and Records Administration
        policies implementing them.

SEC. 3. OVER-CLASSIFICATION PREVENTION WITHIN THE DEPARTMENT OF
              HOMELAND SECURITY.

    Subtitle A of title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.) is amended by adding at the end the following new
section:

``SEC. 210F. OVER-CLASSIFICATION PREVENTION PROGRAM.

    ``(a) In General.--The Secretary shall develop and administer
policies, procedures, and programs within the Department to prevent the
over-classification of homeland security information, terrorism
information, weapons of mass destruction information, and other
information within the scope of the information sharing environment
established under section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485) that must be disseminated to
prevent and to collectively respond to acts of terrorism. The Secretary
shall coordinate with the Archivist of the United States and consult
with representatives of State, local, tribal, and territorial
government and law enforcement, organizations with expertise in civil
rights, civil liberties, and government oversight, and the private
sector, as appropriate, to develop such policies, procedures, and
programs.
    ``(b) Requirements.--Not later than one year after the date of the
enactment of the Reducing Over-Classification Act of 2008, the
Secretary, in administering the policies, procedures, and programs
required under subsection (a), shall--
            ``(1) create, in consultation with the Archivist of the
        United States, standard classified and unclassified formats for
        finished intelligence products created by the Department,
        consistent with any government-wide standards, practices or
        procedures for similar products;
            ``(2) require that all finished intelligence products
        created by the Department be simultaneously prepared in the
        standard unclassified format, provided that such an
        unclassified product would reasonably be expected to be of any
        benefit to a State, local, tribal or territorial government,
        law enforcement agency or other emergency response provider, or
        the private sector, based on input provided by the Interagency
        Threat Assessment and Coordination Group Detail established
        under section 210D;
            ``(3) ensure that such policies, procedures, and programs
        protect the national security as well as the information
        privacy rights and legal rights of United States persons
        pursuant to all applicable law and policy, including the
        privacy guidelines for the information sharing environment
        established pursuant to section 1016 of the Intelligence Reform
        and Terrorism Prevention Act of 2004 (6 U.S.C. 485), as
        appropriate;
            ``(4) establish an ongoing auditing mechanism administered
        by the Inspector General of the Department or other appropriate
        senior Department official that randomly selects, on a periodic
        basis, classified information from each component of the
        Department that generates finished intelligence products to--
                    ``(A) assess whether applicable classification
                policies, procedures, rules, and regulations have been
                followed;
                    ``(B) describe any problems with the administration
                of the applicable classification policies, procedures,
                rules, and regulations, including specific non-
                compliance issues;
                    ``(C) recommend improvements in awareness and
                training to address any problems identified in
                subparagraph (B); and
                    ``(D) report at least annually to the Committee on
                Homeland Security of the House of Representatives, the
                Committee on Homeland Security and Governmental Affairs
                of the Senate, and the public, in an appropriate
                format, on the findings of the Inspector General's
                audits under this section;
            ``(5) establish a process whereby employees may challenge
        original classification decisions made by Department employees
        or contractors and be rewarded with specific incentives for
        successful challenges resulting in the removal of
        classification markings or the downgrading of them;
            ``(6) inform employees and contractors that failure to
        comply with the policies, procedures, and programs established
        under this section could subject them to a series of penalties;
        and
            ``(7) institute a series of penalties for employees and
        contractors who repeatedly fail to comply with the policies,
        procedures, and programs established under this section after
        having received both notice of their noncompliance and
        appropriate training or re-training to address such
        noncompliance.
    ``(c) Finished Intelligence Product Defined.--The term `finished
intelligence product' means a document in which an intelligence analyst
has evaluated, interpreted, integrated, or placed into context raw
intelligence or information.''.

SEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION WITHIN THE
              DEPARTMENT OF HOMELAND SECURITY.

    Subtitle A of title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.) is further amended by adding at the end the
following new section:

``SEC. 210G. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION PROGRAMS.

    ``(a) Personal Identifiers.--The Secretary shall--
            ``(1) assess the technologies available or in use at the
        Department by which an electronic personal identification
        number or other electronic identifying marker can be assigned
        to each Department employee and contractor with original
        classification authority in order to--
                    ``(A) track which documents have been classified by
                a particular employee or contractor;
                    ``(B) determine the circumstances when such
                documents have been shared;
                    ``(C) identify and address over-classification
                problems, including the misapplication of
                classification markings to documents that do not merit
                such markings; and
                    ``(D) assess the information sharing impact of any
                such problems or misuse;
            ``(2) develop an implementation plan for a Department
        standard for such technology with appropriate benchmarks, a
        timetable for its completion, and cost estimate for the
        creation and implementation of a system of electronic personal
        identification numbers or other electronic identifying markers
        for all relevant Department employees and contractors; and
            ``(3) upon completion of the implementation plan described
        in paragraph (2), or not later than 180 days after the date of
        the enactment of the Reducing Over-Classification Act of 2008,
        whichever is earlier, the Secretary shall provide a copy of the
        plan to the Committee on Homeland Security of the House of
        Representatives and the Committee on Homeland Security and
        Governmental Affairs of the Senate.
    ``(b) Training.--The Secretary, in coordination with the Archivist
of the United States, shall--
            ``(1) require annual training for each Department employee
        and contractor with classification authority or those
        responsible for analysis, dissemination, preparation,
        production, receiving, publishing, or otherwise communicating
        written classified information, including training to--
                    ``(A) educate each employee and contractor about--
                            ``(i) the Department's requirement that all
                        classified finished intelligence products that
                        they create be simultaneously prepared in
                        unclassified form in a standard format
                        prescribed by the Department, provided that the
                        unclassified product would reasonably be
                        expected to be of any benefit to a State,
                        local, tribal, or territorial government, law
                        enforcement agency, or other emergency response
                        provider, or the private sector, based on input
                        provided by the Interagency Threat Assessment
                        and Coordination Group Detail established under
                        section 210D;
                            ``(ii) the proper use of classification
                        markings, including portion markings; and
                            ``(iii) the consequences of over-
                        classification and other improper uses of
                        classification markings, including the
                        misapplication of classification markings to
                        documents that do not merit such markings, and
                        of failing to comply with the Department's
                        policies and procedures established under or
                        pursuant to this section, including the
                        negative consequences for the individual's
                        personnel evaluation, homeland security,
                        information sharing, and the overall success of
                        the Department's missions;
                    ``(B) serve as a prerequisite, once completed
                successfully, as evidenced by an appropriate
                certificate, for--
                            ``(i) obtaining classification authority;
                        and
                            ``(ii) renewing such authority annually;
                        and
                    ``(C) count as a positive factor, once completed
                successfully, in the Department's employment,
                evaluation, and promotion decisions; and
            ``(2) ensure that such program is conducted efficiently, in
        conjunction with any other security, intelligence, or other
        training programs required by the Department to reduce the
        costs and administrative burdens associated with the additional
        training required by this section.
    ``(c) Detailee Program.--The Secretary shall--
            ``(1) implement a Departmental detailee program to detail
        Departmental personnel to the National Archives and Records
        Administration for one year, for the purpose of--
                    ``(A) training and educational benefit for the
                Department personnel assigned so that they may better
                understand the policies, procedures and laws governing
                original classification authorities;
                    ``(B) bolstering the ability of the National
                Archives and Records Administration to conduct its
                oversight authorities over the Department and other
                Departments and agencies; and
                    ``(C) ensuring that the policies and procedures
                established by the Secretary remain consistent with
                those established by the Archivist of the United
                States;
            ``(2) ensure that the program established under paragraph
        (1) includes at least one individual for each Department office
        with delegated original classification authority; and
            ``(3) in coordination with the Archivist of the United
        States, report to Congress not later than 90 days after the
        conclusion of the first year of the program established under
        paragraph (1), on--
                    ``(A) the advisability of expanding the program on
                a government-wide basis, whereby other departments and
                agencies would send detailees to the National Archives
                and Records Administration; and
                    ``(B) the administrative and monetary costs of full
                compliance with this section.
    ``(d) Sunset of Detailee Program.--Except as otherwise provided by
law, subsection (c) shall cease to have effect on December 31, 2012.
    ``(e) Finished Intelligence Product Defined.--The term `finished
intelligence product' has the meaning given the term in section
210F(c).''.

SEC. 5. TECHNICAL AMENDMENT.

    The table of contents in section 1(b) of the Homeland Security Act
of 2002 (6 U.S.C. 101(b)) is amended by adding after the item relating
to section 210E the following new items:

``Sec. 210F. Over-classification prevention program.
``Sec. 210G. Enforcement of over-classification prevention programs.''.

            Passed the House of Representatives July 30, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Reducing Over-Classification Act of 2008 - (Sec. 3) Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to develop and administer policies, procedures, and programs (policies) within the Department of Homeland Security (DHS) to prevent the over-classification of homeland security, terrorism, weapons of mass destruction, and other information within the scope of the information sharing environment established under the Intelligence Reform and Terrorism Prevention Act of 2004 that must be disseminated to prevent and collectively respond to acts of terrorism.

Requires the Secretary to coordinate with the Archivist of the United States and consult with representatives of state, local, tribal, and territorial government and law enforcement, organizations with expertise in civil rights, civil liberties, and government oversight, and the private sector to develop such policies.

Directs the Secretary to: (1) create standard classified and unclassified formats for finished DHS intelligence products; (2) require that all such products be simultaneously prepared in the standard unclassified format, provided that such unclassified product would reasonably be expected to be of benefit to a state, local, tribal or territorial government, law enforcement agency or other emergency response provider, or the private sector, based on input provided by the Interagency Threat Assessment and Coordination Group Detail; (3) ensure that such policies protect the national security as well as the information privacy and legal rights of U.S. persons; (4) establish an ongoing auditing mechanism that randomly selects classified information from each DHS component to assess whether applicable classification regulations have been followed, describe any problems with their administration, and recommend improvements in awareness and training to address the problems identified; (5) establish a process whereby employees may challenge original classification decisions and be rewarded for successful challenges resulting in the removal or downgrading of classification markings; (6) inform employees and contractors that failure to comply could subject them to a series of penalties; and (7) institute such penalties.

(Sec. 4) Requires the Secretary to: (1) assess technologies by which an electronic identifying marker can be assigned to each DHS employee and contractor with original classification authority to track which documents have been classified by a particular employee or contractor, determine the circumstances when such documents have been shared, identify and address over-classification problems, and assess the information sharing impact of any such problems or misuse; (2) develop an implementation plan for a DHS standard for such technology; and (3) provide a copy of the implementation plan to the House and Senate homeland security committees.

Directs the Secretary, in coordination with the Archivist, to: (1) require annual training for each DHS employee and contractor with classification authority or those responsible for analyzing, producing, or communicating written classified information; and (2) ensure that such program is conducted efficiently in conjunction with any other security, intelligence, or other training programs required by DHS to reduce the costs and administrative burdens associated with the additional training required.

Requires the Secretary to: (1) implement a program to detail DHS personnel to the National Archives and Records Administration (NARA) for one year for purposes of training and educating DHS personnel to better understand classification authorities, bolstering NARA's ability to conduct oversight, and ensuring that the policies and procedures established by the Secretary remain consistent with those established by the Archivist; (2) ensure that the program includes at least one individual for each DHS office with delegated original classification authority; and (3) report to Congress, in coordination with the Archivist, on the advisability of expanding the program on a government-wide basis and on the administrative and monetary costs of full compliance. Terminates the program on December 31, 2012.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Santa Ynez Band of Chumash Indians
Land Affirmation Act of 2017''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On October 13, 2017, the General Council of the Santa
        Ynez Band of Chumash Indians voted to approve the Memorandum of
        Agreement between the County of Santa Barbara and the Santa
        Ynez Band of Chumash Indians regarding the approximately
        1,427.28 acres of land, commonly known as Camp 4, and
        authorized the Tribal Chairman to sign the Memorandum of
        Agreement.
            (2) On October 31, 2017, the Board of Supervisors for the
        County of Santa Barbara approved the Memorandum of Agreement on
        Camp 4 and authorized the Chair to sign the Memorandum of
        Agreement.
            (3) The Secretary of the Interior approved the Memorandum
        of Agreement pursuant to section 2103 of the Revised Statutes
        (25 U.S.C. 81).

SEC. 3. REAFFIRMATION OF STATUS AND ACTIONS.

    (a) Ratification of Trust Status.--The action taken by the
Secretary on January 20, 2017, to place approximately 1,427.28 acres of
land located in Santa Barbara County, California, into trust for the
benefit of the Santa Ynez Band of Chumash Indians is hereby ratified
and confirmed as if that action had been taken under a Federal law
specifically authorizing or directing that action.
    (b) Ratification of Actions of the Secretary.--The actions taken by
the Secretary to assume jurisdiction over the appeals relating to the
fee-to-trust acquisition of approximately 1,427.28 acres in Santa
Barbara County, California, on January 30, 2015, is hereby ratified and
confirmed as if that action had been taken under a Federal law
specifically authorizing or directing that action.
    (c) Ratification of Actions of the Secretary.--The actions taken by
the Secretary to dismiss the appeals relating to the fee-to-trust
acquisition of approximately 1,427.28 acres in Santa Barbara County,
California, on January 19, 2017, is hereby ratified and confirmed as if
that action had been taken under a Federal law specifically authorizing
or directing that action.
    (d) Administration.--
            (1) Administration.--The land placed into trust for the
        benefit of the Santa Ynez Band of Chumash Indians by the
        Secretary of the Interior on January 20, 2017, shall be a part
        of the Santa Ynez Indian Reservation and administered in
        accordance with the laws and regulations generally applicable
        to the land held in trust by the United States for an Indian
        tribe.
            (2) Effect.--For purposes of certain California State laws
        (including the California Land Conservation Act of 1965,
        Government Code Section 51200, et seq.), placing the land
        described in subsection (b) into trust shall remove any
        restrictions on the property pursuant to California Government
        Code Section 51295 or any other provision of such Act.
    (e) Legal Description of Lands Transferred.--The lands to be
transferred pursuant to this Act are described as follows:
            Legal Land Description/Site Location:Real property in the
        unincorporated area of the County of Santa Barbara, State of
        California, described as follows: PARCEL 1: (APN: 141-121-51
        AND PORTION OF APN 141-140-10)LOTS 9 THROUGH 18, INCLUSIVE, OF
        TRACT 18, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA,
        AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE
        LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE
        OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS
        MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE
        RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF
        OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 141-140-10)LOTS 1
        THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA
        BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
        SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
        FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER
        OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN
        CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS
        INSTRUMENT NO. 01-105581 OF OFFICIAL RECORDS. PARCEL 3:
        (PORTIONS OF APNS: 141-230-23 AND 141-140-10)LOTS 19 AND 20 OF
        TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15
        THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA
        BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
        SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
        FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER
        OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY
        LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN
        EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136
        OF OFFICIAL RECORDS OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT
        TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5,
        2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL RECORDS. PARCEL 4:
        (APN: 141-240-02 AND PORTION OF APN: 141-140-10)LOTS 1 THROUGH
        12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA,
        STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE
        SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO,
        FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER
        OF SAID COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN
        CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS
        INSTRUMENT NO. 01-105583 OF OFFICIAL RECORDS. PARCEL 5:
        (PORTION OF APN: 141-230-23)THAT PORTION OF LOTS 3 AND 6 OF
        TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA,
        AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE
        LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE
        OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES
        NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO
        THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2,
        1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID
        COUNTY.THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE
        OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-
        105584 OF OFFICIAL RECORDS.
    (f) Rules of Construction.--Nothing in this Act shall--
            (1) enlarge, impair, or otherwise affect any right or claim
        of the Tribe to any land or interest in land that is in
        existence before the date of the enactment of this Act;
            (2) affect any water right of the Tribe in existence before
        the date of the enactment of this Act; or
            (3) terminate or limit any access in any way to any right-
        of-way or right-of-use issued, granted, or permitted before the
        date of the enactment of this Act.
    (g) Restricted Use of Transferred Lands.--The Tribe may not
conduct, on the land described in subsection (b) taken into trust for
the Tribe pursuant to this Act, gaming activities--
            (1) as a matter of claimed inherent authority; or
            (2) under any Federal law, including the Indian Gaming
        Regulatory Act (25 U.S.C. 2701 et seq.) and regulations
        promulgated by the Secretary or the National Indian Gaming
        Commission under that Act.
    (h) Definitions.--For the purposes of this section:
            (1) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (2) Tribe.--The term ``Tribe'' means the Santa Ynez Band of
        Chumash Mission Indians.

Output: Santa Ynez Band of Chumash Indians Land Affirmation Act of 2017 (Sec. 2) This bill ratifies and confirms the actions of the Department of the Interior to: (1) take approximately 1,427 acres of land in Santa Barbara County, California, into trust for the benefit of the Santa Ynez Band of Chumash Indians, (2) assume jurisdiction over the appeals relating to the acquisition of this land, and (3) dismiss those appeals. The land is made part of the Santa Ynez Indian Reservation. The bill removes restrictions on the land pursuant to certain state laws. Gaming is prohibited on this land.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Guard and Reservists
Education Benefits Act''.

SEC. 2. BLOCK GRANTS TO STATES FOR TUITION ASSISTANCE FOR MEMBERS OF
              THE SELECTED RESERVE.

    (a) Establishment of Program.--
            (1) In general.--The Secretary of Education shall carry out
        a program of block grants to States under this section to
        provide for the payment of tuition and fees for undergraduate
        studies at public institutions of higher learning otherwise
        payable by a member of the Selected Reserve attending those
        institutions for those studies.
            (2) Limitation.--Tuition assistance under this section
        shall not be made available to a member of the Selected Reserve
        who participates in the program of educational assistance under
        chapter 1606 of title 10, United States Code, or under chapter
        30 of title 38, United States Code.
    (b) State Certifications.--Not later than October 1 of each of
fiscal year for which a State desires to receive an allotment under
this section, the chief executive officer of the State shall submit to
the Secretary a certification that the State will--
            (1) use such funds to defray the costs of tuition and fees
        for undergraduate studies of members of the Selected Reserve
        attending public institutions of higher learning in the States;
            (2) return any unused funds to the Secretary in accordance
        with the reconciliation process under subsection (d); and
            (3) comply with the reporting requirements under subsection
        (e).
    (c) Payments to States.--For each of fiscal years 2005 through
2010, the Secretary shall pay to each State that submits a
certification under subsection (b), from any funds appropriated under
subsection (g), for the fiscal year an amount equal to the amount of
the allotment determined for the fiscal year under subsection (f).
    (d) Reconciliation Process.--
            (1) 3-year availability of amounts allotted.--Each State
        that receives an allotment under this section shall return to
        the Secretary any unused portion of the amount allotted to a
        State under this section for a fiscal year not later than the
        last day of the second succeeding fiscal year together with any
        earnings on such unused portion.
            (2) Procedure for redistribution of unused allotments.--The
        Secretary shall establish an appropriate procedure for
        redistributing to States that have expended the entire amount
        allotted under this section any amount that is--
                    (A) returned to the Secretary by States under
                paragraph (1); or
                    (B) not allotted to a State under this section
                because the State did not submit a certification under
                subsection (b) by October 1 of a fiscal year.
    (e) Reporting Requirements.--
            (1) Monitoring and evaluation.--Each State receiving an
        allotment under this section for a fiscal year shall monitor
        and evaluate the tuition assistance program carried out under
        this section using funds made available under this section in
        such manner as the Secretary, in consultation with the States,
        determines appropriate.
            (2) Annual reports.--Not less frequently than annually,
        each State receiving an allotment under this section for a
        fiscal year shall submit to the Secretary reports on the
        tuition assistance programs carried out under this section at
        such time, in such manner, and containing such information as
        the Secretary may require.
    (f) Amount of Allotments.--
            (1) In general.--Except as provided in paragraph (2), of
        the amount appropriated for the purpose of making allotments
        under this section for a fiscal year, the Secretary shall allot
        to each State that submits a certification under subsection (b)
        for the fiscal year an amount equal to the amount that bears
        the same ratio to the number of members of the Selected Reserve
        residing in the State (as determined by the Secretary based on
        the most recent March supplement to the Current Population
        Survey of the Bureau of the Census before the beginning of the
        calendar year in which such fiscal year begins) as bears to the
        number of members of the Selected Reserve residing in all
        States.
            (2) Minimum allotments.--No allotment for a fiscal year
        under this section shall be less than--
                    (A) in the case of a State other than the
                Commonwealth of Puerto Rico, the United States Virgin
                Islands, Guam, American Samoa, and the Commonwealth of
                the Northern Mariana Islands, 1 percent of the amount
                appropriated for the fiscal year under subsection (g);
                and
                    (B) in the case of the Commonwealth of Puerto Rico,
                the United States Virgin Islands, Guam, American Samoa,
                and the Commonwealth of the Northern Mariana Islands,
                0.5 percent of such amount.
            (3) Pro rata reductions.--The Secretary shall make such pro
        rata reductions to the allotments determined under paragraph
        (1) as are necessary to comply with the requirements of
        paragraph (2).
    (g) Authorization of Appropriations.--There is authorized to be
appropriated $100,000,000 for each of fiscal years 2005 through 2010
for purposes of making allotments to States under this section.
    (h) Definitions.--In this section:
            (1) Selected reserve.--The term ``Selected Reserve'' means
        the Selected Reserve of the Ready Reserve of any of the reserve
        components (including the Army National Guard of the United
        States and the Air National Guard of the United States) of the
        Armed Forces, as required to be maintained under section
        10143(a) of title 10, United States Code.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Education.
            (3) Institution of higher learning.--The term ``institution
        of higher education'' has the meaning given that term under
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
        1001(a)).
            (4) State.--The term State'' means each of the 50 States,
        the District of Columbia, the Commonwealth of Puerto Rico, the
        United States Virgin Islands, Guam, American Samoa, and the
        Commonwealth of the Northern Mariana Islands.
            (5) Tuition and fees for undergraduate studies.--The term
        ``tuition and fees for undergraduate studies'' means the actual
        cost of tuition and fees for undergraduate studies charged by a
        public institution of higher learning to similarly
        circumstanced individuals who are not members of the Selected
        Reserve for enrollment in courses of education at the
        institution, and includes the average cost of books and
        supplies payable by such individuals for those studies.

Output:
National Guard and Reservists Education Benefits Act - Requires the Secretary of Education to carry out a program of block grants to States (defined to include U.S. territories and the District of Columbia) to pay tuition and fees for undergraduate studies at public institutions for members of the Selected Reserve.

Excludes from the block grant program those members of the Selected Reserve who participate in other specified educational assistance programs.

Requires the chief executive officer of each State wishing to receive block grant funds to submit an annual certification that the State will: (1) use such funds to defray the cost of undergraduate tuition and fees for members of the Selected Reserve; (2) return any unused funds to the Secretary according to the reconciliation process set forth in this Act; and (3) comply with the reporting requirements of this Act.

Sets forth an allotment scheme for block grant funds that requires allotments to reflect the ratio of Selected Reserve members in the receiving State to Selected Reserve members in all States. Establishes minimum allotments.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gifted and Talented Students
Education Act of 2001''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress makes the following findings:
            (1) Gifted and talented students give evidence of high
        performance capability in specific academic fields, or in areas
        such as intellectual, creative, artistic, or leadership
        capacity, and require services or activities not ordinarily
        provided by a school in order to fully develop such
        capabilities. Gifted and talented students are from all
        cultural, racial, and ethnic backgrounds, and socioeconomic
        groups. Some such students have disabilities and for some,
        English is not their first language. Many students from such
        diverse backgrounds have been historically underrepresented in
        gifted education programs.
            (2) Because gifted and talented students generally are more
        advanced academically, are able to learn more quickly and study
        in more depth and complexity than others their age, the
        students have special educational needs that require
        opportunities and experiences that are different from those
        generally available in regular education programs.
            (3) Parents and families are essential partners to schools
        in developing appropriate educational services for gifted and
        talented students. They need access to information, research,
        and support regarding the characteristics of gifted children
        and their educational and social and emotional needs, as well
        as information on available strategies and resources for
        education in State and local communities.
            (4) There currently is no Federal requirement to identify
        or serve the Nation's approximately 3,000,000 gifted and
        talented students.
            (5) While some States and local educational agencies
        allocate resources to educate gifted and talented students,
        others do not. Additionally, State laws and State and local
        funding, identification, and accountability mechanisms vary
        widely, resulting in a vast disparity of services for this
        special-needs population.
            (6) If the United States is to compete successfully in the
        global economy, it is important that more students achieve to
        higher levels, and that highly capable students receive an
        education that prepares them to perform the most highly
        innovative and creative work that is necessary in today's
        workplace.
            (7) The performance of twelfth-grade advanced students in
        the United States on the Third International Mathematics and
        Science Study (TIMSS) was among the lowest in the world. In
        each of 5 physics content areas in the study and in each of 3
        math content areas in the study, the performance of physics and
        advanced mathematics students in the United States was among
        the lowest of the participating countries.
            (8) Elementary school students who are gifted and talented
        have already mastered 35 to 50 percent of the material covered
        in a school year in several subject areas before the school
        year begins.
            (9) In 1990, fewer than 2 cents out of every $100 spent on
        elementary and secondary education in the United States was
        devoted to providing challenging programming for the Nation's
        gifted and talented students.
    (b) Purpose.--The purpose of this Act is to provide grants to
States to support programs, classes, and other services designed to
meet the needs of the Nation's gifted and talented students in
elementary schools and secondary schools.

SEC. 3. PROGRAM AUTHORIZATION AND ACTIVITIES.

    (a) In General.--If the amount appropriated under section 11 for a
fiscal year equals or exceeds $50,000,000, then the Secretary may award
grants to State educational agencies from allotments under section 4 to
enable the State educational agencies to award grants to local
educational agencies under section 6 for developing or expanding gifted
and talented education programs, and providing direct educational
services and materials through 1 or more of the following activities:
            (1) Developing and implementing programs to address State
        and local needs for inservice training programs for general
        educators, specialists in gifted and talented education,
        administrators, school counselors, or other personnel at the
        elementary and secondary levels.
            (2) Making materials and services available through State
        regional education service centers, universities, colleges, or
        other entities.
            (3) Providing direct educational services and materials to
        gifted and talented students, which may include curriculum
        compacting, modified or adapted curriculum, acceleration,
        independent study, and dual enrollment.
            (4) Supporting innovative approaches and curricula used by
        local educational agencies, individual schools, or consortia of
        schools or local educational agencies.
            (5) Providing challenging, high-level course work to
        individual students or groups of students in schools and school
        districts that do not have the resources to otherwise provide
        the courses through new and emerging technologies, including
        distance learning, developing curriculum packages, compensating
        distance-learning educators, or providing other relevant
        activities or services, but not for purchasing or upgrading of
        technological hardware.
    (b) State Infrastructure Costs.--
            (1) In general.--A State educational agency may use not
        more than 10 percent of the funds received under this Act for--
                    (A) establishment and implementation of a peer
                review process for grant applications under section 7;
                    (B) supervision of the awarding of funds to local
                educational agencies (including consortia of local
                educational agencies) to support gifted and talented
                students in the State;
                    (C) planning, supervision, and processing of funds
                made available under this Act;
                    (D) monitoring and evaluation of programs and
                activities assisted under this Act;
                    (E) dissemination of general program information;
                    (F) creating a State gifted education advisory
                board; and
                    (G) providing technical assistance under this
                section.
            (2) Education and support.--Not more than 2 percent of the
        total amount received under this Act by the State may be used
        by the State educational agency to provide information,
        education, and support to parents and caregivers of gifted and
        talented children to enhance their ability to participate in
        decisions regarding their children's educational programs. Such
        education, information, and support shall be developed and
        carried out by parents and caregivers or by parents and
        caregivers in partnership with the State.

SEC. 4. ALLOTMENT TO STATES.

    (a) Reservation of Funds.--From the amount made available to carry
out this Act for any fiscal year, the Secretary shall reserve \1/2\ of
1 percent for the Secretary of the Interior for programs under this Act
for teachers, other staff, and administrators in schools operated or
funded by the Bureau of Indian Affairs.
    (b) Formula.--Except as provided in subsection (c), from the total
amount made available to carry out this Act for a fiscal year that
remains after making the reservation under subsection (a), the
Secretary shall allot to each State an amount that bears the same
relation to the total remaining amount as the number of children ages 5
through 18 in the State for the preceding academic year bears to the
total number of all such children in all States for such year.
    (c) Minimum Award.--No State receiving an allotment under
subsection (b) may receive less than \1/2\ of 1 percent of the total
amount allotted under such subsection.
    (d) Reallotment.--If any State does not apply for an allotment
under this section for any fiscal year, the Secretary shall reallot
such amount to the remaining States in accordance with this section.

SEC. 5. STATE APPLICATIONS.

    (a) In General.--To be eligible to receive a grant under section 3
or 8, a State educational agency shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
    (b) Contents.--The application described in subsection (a) shall
include assurances--
            (1) that the State educational agency is designated as the
        agency responsible for the administration and supervision of
        programs assisted under this Act;
            (2) of the State educational agency's ability to provide
        matching funds for the activities to be assisted under this Act
        in an amount equal to not less than 20 percent of the grant
        funds to be received, which matching funds shall be provided in
        cash or in-kind;
            (3) that funds received under this Act shall be used to
        identify and support gifted and talented students, including
        students from all economic, ethnic, and racial backgrounds,
        students of limited English proficiency, students with
        disabilities, and highly gifted students;
            (4) that funds received under this Act shall be used only
        to supplement, not supplant, the amount of State and local
        funds expended for the specialized education and related
        services provided for the education of gifted and talented
        students; and
            (5) that the State shall develop and implement program
        assessment models to evaluate educational effectiveness and
        ensure program accountability.
    (c) Approval.--The Secretary shall approve an application of a
State educational agency under this section if such application meets
the requirements of this section.

SEC. 6. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES.

    (a) Grant Competition.--A State educational agency shall use not
less than 88 percent of the funds made available to the State education
agency under this Act to award grants, on a competitive basis, to local
educational agencies (including consortia of local educational
agencies) to support programs, classes, and other services designed to
meet the needs of gifted and talented students.
    (b) Size of Grant.--A State educational agency shall award a grant
under subsection (a) for any fiscal year in an amount sufficient to
meet the needs of the students to be served under the grant.

SEC. 7. LOCAL APPLICATIONS.

    (a) Application.--To be eligible to receive a grant under this Act,
a local educational agency (including a consortium of local educational
agencies) shall submit an application to the State educational agency.
    (b) Contents.--Each such application shall include--
            (1) an assurance that the funds received under this Act
        will be used to identify and support gifted and talented
        students, including gifted and talented students from all
        economic, ethnic, and racial backgrounds, such students of
        limited English proficiency, and such students with
        disabilities;
            (2) a description of how the local educational agency will
        meet the educational needs of gifted and talented students,
        including the training of personnel in the education of gifted
        and talented students; and
            (3) an assurance that funds received under this Act will be
        used to supplement, not supplant, the amount of funds the local
        educational agency expends for the education of and related
        services for, the education of gifted and talented students.

SEC. 8. COMPETITIVE GRANTS TO STATES.

    If the amount appropriated under section 11 for a fiscal year is
less than $50,000,000, then the Secretary may use the funds that are
not reserved under section 4(a) to award grants, on a competitive
basis, to State educational agencies to enable the State educational
agencies to begin implementing activities described in section 3
through the awarding of grants on a competitive basis to local
educational agencies.

SEC. 9. REPORTING.

    Not later than 1 year after the date of enactment of this Act and
for each subsequent year thereafter, the State educational agency shall
submit an annual report to the Secretary that describes the number of
students served and the activities supported with funds provided under
this Act. The report shall include a description of the measures taken
to comply with the accountability requirements of section 5(b)(5).

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Gifted and talented.--
                    (A) In general.--Except as provided in subparagraph
                (B), the term ``gifted and talented'' when used with
                respect to a person or program--
                            (i) has the meaning given the term under
                        applicable State law; or
                            (ii) in the case of a State that does not
                        have a State law defining the term, has the
                        meaning given such term by definition of the
                        State educational agency or local educational
                        agency involved.
                    (B) Special rule.--In the case of a State that does
                not have a State law that defines the term, and the
                State educational agency or local educational agency
                has not defined the term, the term has the meaning
                given the term in section 14101 of the Elementary and
                Secondary Education Act of 1965 (20 U.S.C. 8801).
            (2) Local educational agency.--The term ``local educational
        agency'' has the meaning given the term in section 14101 of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C.
        8801).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Education.
            (4) State.--The term ``State'' means each of the 50 States,
        the District of Columbia, and the Commonwealth of Puerto Rico.
            (5) State educational agency.--The term ``State educational
        agency'' has the meaning given the term in section 14101 of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C.
        8801).

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act,
$160,000,000 for each of fiscal years 2002, 2003, 2004, 2005, and 2006.

Output: Gifted and Talented Students Education Act of 2001 - Authorizes the Secretary of Education to make grants to State educational agencies to assist local educational agencies to develop or expand gifted and talented education programs through one or more of the following activities: (1) professional development programs; (2) technical assistance; (3) innovative approaches and curricula; (4) emerging technologies, including distance learning; and (5) direct educational services and materials, which may include compacted, modified, or adapted curricula, acceleration, independent study, and dual enrollment.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bank Insurance Regulation Act of
1995''.

SEC. 2. AUTHORITY OF THE COMPTROLLER OF THE CURRENCY.

    (a) State Supervision.--Chapter 1 of Title LXII of the Revised
Statutes of the United States (12 U.S.C. 21 et seq.) is amended--
            (1) by redesignating section 5136A as section 5136B; and
            (2) by inserting after section 5136 (12 U.S.C. 24) the
        following new section:

``SEC. 5136A. STATE SUPERVISION OF INSURANCE.

    ``(a) State Licensing of Insurance Activities.--
            ``(1) In general.--Subject to paragraph (2), no provision
        of section 5136, any other section of this title, or section 13
        of the Federal Reserve Act may be construed as limiting or
        otherwise impairing the authority of any State to regulate--
                    ``(A) the extent to which, and the manner in which,
                a national bank may engage within the State in
                insurance activities pursuant to section 13 of the
                Federal Reserve Act;
                    ``(B) the manner in which a national bank may
                engage within the State in insurance activities
                pursuant to section 5136(b)(2)(B) of the Revised
                Statutes of the United States; or
                    ``(C) the manner in which a national bank may
                engage within the State in insurance activities
                pursuant to section 5136(b)(2)(A) of the Revised
                Statutes of the United States through, and limited to,
                consumer disclosure requirements or licensing
                requirements, procedures, and qualifications as
                described in paragraph (2)(C).
            ``(2) Prohibition on state discrimination against national
        banks.--Notwithstanding paragraph (1)--
                    ``(A) Providing insurance as agent or broker.--No
                State may impose any insurance regulatory requirement
                relating to providing insurance as an agent or broker
                that treats a national bank differently than all other
                persons who are authorized to provide insurance as
                agents or brokers in such State, unless there is a
                legitimate and reasonable State regulatory purpose for
                the requirement for which there is no less restrictive
                alternative.
                    ``(B) Providing insurance as principal, agent, or
                broker.--
                            ``(i) No State may impose on a national
                        bank any insurance regulatory requirement
                        relating to providing insurance as principal,
                        agent, or broker that treats the national bank
                        more restrictively than any other depository
                        institution (as defined in section 3(c)(1) of
                        the Federal Deposit Insurance Act) operating in
                        the State.
                            ``(ii) Nothing in this subparagraph shall
                        affect the validity of a State law that--
                                    ``(I) prevents a national bank from
                                engaging in insurance activities within
                                the State to as great an extent as a
                                savings association (as defined in
                                section 3(b)(1) of the Federal Deposit
                                Insurance Act) may engage in such
                                activities within the State; and
                                    ``(II) was in effect on June 1,
                                1995.
                    ``(C) Licensing qualifications and procedures.--No
                State may discriminate against a national bank with
                respect to the following requirements, procedures, and
                qualifications as such requirements, procedures, and
                qualifications relate to the authority of the national
                bank to provide insurance in such State as an agent or
                broker:
                            ``(i) License application and processing
                        procedures.
                            ``(ii) Character, experience, and
                        educational qualifications for licenses.
                            ``(iii) Testing and examination
                        requirements for licenses.
                            ``(iv) Fee requirements for licenses.
                            ``(v) Continuing education requirements.
                            ``(vi) Types of licenses required.
                            ``(vii) Standards and requirements for
                        renewal of licenses.
    ``(b) Authority of the Comptroller of the Currency.--A national
bank may not provide insurance as a principal, agent, or broker except
as specifically provided in this section, the paragraph designated as
the `Seventh' of section 5136(a) of this chapter, or section 5136(b) of
this chapter, or section 13 of the Federal Reserve Act.
    ``(c) Preservation of Federally Authorized Bank Activities in
Permissive States.--No provision of this section may be construed as
affecting the authority, pursuant to section 13 of the Federal Reserve
Act, of a national bank to act as insurance agent or broker consistent
with State law.
    ``(d) Preservation of National Bank Authority Consistent With State
Bank Authority.--Except as provided in subsection (a)(2)(B), no
provision of this section or section 5136(b)(1) shall have the effect
of enabling a State to deny a national bank authority that the bank
otherwise possesses to provide a product in a State, including as
agent, broker, or principal, where the bank is not providing the
product in the State other than to an extent and in a manner that a
State bank (as defined in section 3(a)(2) of the Federal Deposit
Insurance Act) is permitted by the law of the State to provide such
product, except that nothing in this subsection shall be construed as
granting any new authority to a national bank to provide any product
because the law of the State has authorized State banks to provide such
product.
    ``(e) Definitions.--For purposes of this section, section 5136, and
section 13 of the Federal Reserve Act, the following definitions shall
apply:
            ``(1) Insurance.--The term `insurance' means any product
        defined or regulated as insurance, consistent with the relevant
        State insurance law, by the insurance regulatory authority of
        the State in which such product is sold, solicited, or
        underwritten, including any annuity contract the income on
        which is tax deferred under section 72 of the Internal Revenue
        Code of 1986.
            ``(2) State.--The term `State' has the same meaning as in
        section 3(a)(3) of the Federal Deposit Insurance Act.
    ``(f) Grandfather Provision.--
            ``(1) In general.--Any national bank which, before January
        1, 1995, was providing insurance as agent or broker under
        section 13 of the Federal Reserve Act may provide insurance as
        an agent or broker under such section, to no less extent and in
        a no more restrictive manner as such bank was providing
        insurance as agent or broker under such section on January 1,
        1995, notwithstanding contrary State law, subject to final,
        controlling judgment in a pending action.
            ``(2) Termination.--This subsection shall cease to apply
        with respect to any national bank described in paragraph (1)
        if--
                    ``(A) the bank is subject to an acquisition,
                merger, consolidation, or change in control, other than
                a transaction to which section 18(c)(12) of the Federal
                Deposit Insurance Act applies; or
                    ``(B) any bank holding company which directly or
                indirectly controls such bank is subject to an
                acquisition, merger, consolidation, or change in
                control, other than a transaction in which the
                beneficial ownership of such bank holding company or of
                a bank holding company which controls such company does
                not change as a result of the transaction.''.
    (b) Interpretive Authority of the Comptroller of the Currency.--
Section 5136 of the Revised Statutes of the United States (12 U.S.C.
24) is amended--
            (1) by striking ``Upon duly making and filing articles of
        association'' and inserting ``(a) In General.--Upon duly making
        and filing articles of association''; and
            (2) by adding at the end the following new subsection:
    ``(b) Interpretive Authority of the Comptroller of the Currency.--
            ``(1) In general.--Subject to paragraph (2), it shall not
        be incidental to banking for a national bank to provide
        insurance as a principal, agent, or broker.
            ``(2) Scope of application.--Notwithstanding paragraph (1),
        it shall be incidental to banking for a national bank to engage
        in the following activities:
                    ``(A) Providing, as an agent or broker, any annuity
                contract the income on which is tax deferred under
                section 72 of the Internal Revenue Code of 1986.
                    ``(B) Providing, as a principal, agent, or broker,
                any type of insurance, other than an annuity or title
                insurance, which the Comptroller of the Currency
                specifically determined, before May 1, 1995, to be
                incidental to banking with respect to national
                banks.''.
    (c) Technical and Conforming Amendments.--
            (1) The 11th undesignated paragraph of section 13 of the
        Federal Reserve Act (12 U.S.C. 92) is amended by inserting ``,
        and subject to section 5136A of the Revised Statutes of the
        United States,'' after ``the laws of the United States''.
            (2) The paragraph designated the ``Seventh'' of section
        5136 of the Revised Statutes of the United States (12 U.S.C.
        24) is amended by striking ``subject to law,'' and inserting
        ``subject to subsection (b), section 5136A, and any other
        provision of law,''.
            (3) Section 1306 of title 18, United States Code, is
        amended by striking ``5136A'' and inserting ``5136B''.
    (d) Clerical Amendment.--The table of sections for chapter 1 of
title LXII of the Revised Statutes of the United States is amended--
            (1) by redesignating the item relating to section 5136A as
        section 5136B; and
            (2) by inserting after the item relating to section 5136
        the following new item:

``5136A. State supervision of insurance.''.
    (e) Preservation of Bank Holding Company Insurance Authority.--No
provision of this section, and no amendment made by this section to any
other provision of law, may be construed as affecting the authority of
a bank holding company to engage in insurance agency activity pursuant
to section 4(c) of the Bank Holding Company Act of 1956.

Output:
Bank Insurance Regulation Act of 1995 - Amends Federal banking law (Revised Statutes) to declare that Federal banking statutes may not be construed as limiting or impairing the authority of any State to regulate the manner in which a national bank may engage in insurance activities pursuant to Federal statute within the State.
Proscribes State discrimination against national banks:  (1) in their functions of providing insurance as principal, agent or broker; or (2) with respect to licensing qualifications and procedures.
Confines the provision of insurance by a national bank acting as principal, agent or broker, to specified Federal statutory parameters.  States that Federal banking law may not be construed as affecting the authority of a national bank to act as insurance agent or broker consistent with State law.
States that Federal banking law does not enable a State to deny to a national bank the authority to provide a product that a State bank is permitted to provide.
Declares that it is not incidental to banking for a national bank to provide insurance as a principal, agent, or broker (thus removing most insurance activities from the supervision of the Comptroller of the Currency).  Declares to be incidental to banking (thus subject to the Comptroller's supervision):  (1) bank provision, as agent or broker, of any annuity contract whose interest is tax deductible; and (2) bank provision, as a principal, agent, or broker, of any type of insurance (other than annuity or title insurance) specifically determined by the Comptroller, before May 1995, to be incidental to banking with respect to national banks.
Preserves the authority of a bank holding company to engage in insurance agency activities.


Input:
SECTION 1. COMMUNICATION SITE USE FEES.

    (a) Fees.--Notwithstanding any other provision of law, the
Secretary of the Interior and the Secretary of Agriculture (hereinafter
referred to as the ``Secretaries''), shall assess and collect charges
for utilization of radio and television communications sites located on
Federal lands administered by the Forest Service or the Bureau of Land
Management at such rates as the Forest Service and the Bureau of Land
Management shall establish or at such modified rates as are established
pursuant to the provisions of subsection (b) of this section.
    (b) Adjustments.--(1) The Schedule of Charges established under
this section shall be reviewed by the Forest Service and the Bureau of
Land Management on an annual basis, and shall be adjusted by the Forest
Service and the Bureau of Land Management to reflect changes in the
Consumer Price Index. Increases or decreases in charges shall apply to
all categories of charges, but any increase or decrease shall not total
less than 3 percent or more than 5 percent of the charge assessed to
the user in the preceding year. The Bureau of Land Management and the
Forest Service shall transmit to the Congress notification of any such
adjustment not later than 60 days before the effective date of such
adjustment.
    (2) Under the Schedule of Changes established under the section, if
any radio or television communications site user is to be charged an
amount that is greater than $1,000 more than the amount such site user
pays to the Bureau of Land Management or the Forest Service as of
January 1, 1993, then during the first year in which the Schedule of
Charges is in effect, such site user shall pay an amount equal to the
amount it paid to the Bureau of Land Management of the Forest Service
as of January 1, 1993, plus $1,000. Each year thereafter, such site
user shall pay the full amount under the Schedule of Charges, as
modified pursuant to the subsection.
    (3) Under the Schedule of Charges established under this section,
if any radio or television communications site user is to be charged an
amount that is less than the amount such site user paid to the Bureau
of Land Management or the Forest Service as of January 1, 1993, then
such site user shall continue to pay the higher amount until such time
as the charge to the site user in the Schedule of Charges equals or
exceeds that amount, as modified pursuant to this subsection.
    (c) Additional Users.--(1) If the radio or television
communications site user is permitted under the terms of its site use
authorization from the Bureau of Land Management or the Forest Service
to grant access to the site to additional users, then the radio or
television communications site user shall pay annually to the Bureau of
Land Management or the Forest Service an amount equal to 25 percent of
the gross income it receives from each such additional user during that
year.
    (2) Authorizations to radio and television communications site
users shall require such site users to provide the Bureau of Land
Management or the Forest Service with a certified list which identifies
all additional users of such sites and all gross revenues received from
such additional users. The Bureau of Land Management and the Forest
Service shall not require any additional user of a radio or television
communications site to obtain a separate authorization to use such a
site.
    (d) Administrative Provisions.--(1) The Secretaries shall prescribe
appropriate rules and regulations to carry out the provisions of this
section.
    (2) Ten years after the date of enactment of this section, the
Secretaries shall establish a broad-based advisory group, including
representatives from the radio and television broadcast industry, to
review the Schedule of Charges and other acceptable criteria for
determining fair market value for radio and television communications
site uses. The advisory group shall report its findings to the Congress
no later than 1 year after it is established.
    (e) Existing Charges.--(1) Until modified pursuant to subsection
(b) of this section, the Schedule of Charges for television
communications site users which the Secretaries shall prescribe
pursuant to subsection (a) of this section shall be as listed in
exhibit 3 (television rental fee schedule) in the report of the radio
and television broadcast use fee advisory committee dated December
1992.
    (2) Until modified pursuant to subsection (b) of this section, the
Schedule of Charges for radio communications site users which the
Secretaries shall prescribe pursuant to subsection (a) of this section
shall be as listed in exhibit 4, radio rental fee schedule in the
report of the radio and television broadcast use fee advisory committee
dated December 1992.

SEC. 2. NONBROADCAST COMMUNICATION SITE ADVISORY BOARD.

    (a) Establishment.--The Secretaries of the Interior and Agriculture
are directed to jointly establish a broad-based advisory group
comprised of representatives from the nonbroadcast communications
industry (users of both private and public communication sites) and the
2 agencies to review recommendations on acceptable criteria for
determining fair market values and next best alternative use.
    (b) Review.--The advisory group shall review the methodology used
in any previous studies and reach concurrence on such methodology.
    (c) Assessments.--The advisory group shall also assess the validity
of the results of such studies, taking into account all reasonable
options for the establishment of fair market values and next best
alternative use.
    (d) Report.--The advisory group shall report its findings to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives within 1
year after the enactment of this Act.

Output:
Directs the Secretaries of the Interior and Agriculture to assess and collect charges for utilization of radio and television communications sites located on Federal lands administered by the Forest Service or Bureau of Land Management.  Requires the Forest Service and Bureau to annually review and adjust such charges to reflect changes in the Consumer Price Index, with limitations.  Requires any site user to pay an additional amount for granting access to the site to additional users and to provide a certified list of such additional users.
Directs the Secretaries to jointly establish a broad-based advisory group of representatives from the nonbroadcast communications industry and the two agencies to review and report to specified congressional committees on recommendations on acceptable criteria for determining fair market values for communications site use and next best alternative use.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recall Unsafe Drugs Act of 2017''.

SEC. 2. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED OR
              MISBRANDED DRUGS.

    (a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
    ``(eee) The failure to comply with--
            ``(1) the notification requirement under section 569D(a);
            ``(2) an order issued under paragraph (1) of section
        569D(c), following a hearing, if requested, under paragraph
        (2)(C) of such section;
            ``(3) an order amended under paragraph (2) or paragraph (3)
        of section 569D(c); or
            ``(4) an emergency order issued under section 569D(d).
    ``(fff) The failure to have in effect a recall plan under section
569(g).''.
    (b) Nondistribution and Recall of Adulterated or Misbranded
Drugs.--Subchapter E of chapter V of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end
the following:

``SEC. 569D. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF CERTAIN
              ADULTERATED OR MISBRANDED DRUGS.

    ``(a) Notification Regarding Certain Adulterated or Misbranded
Drugs.--
            ``(1) In general.--Any person required to register under
        section 510 shall, as soon as practicable, notify the Secretary
        of the identity and location of a drug, if such person has
        reason to believe--
                    ``(A) that such drug, when introduced into or while
                in interstate commerce, or while held for sale
                (regardless of whether the first sale) after shipment
                in interstate commerce, is adulterated or misbranded;
                and
                    ``(B) there is a reasonable probability that the
                use or consumption of, or exposure to, the drug (or an
                ingredient or component used in any such drug) will
                cause a threat of serious adverse health consequences
                or death to humans or animals.
            ``(2) Manner of notification.--Notification under paragraph
        (1) shall be made in such manner and by such means as the
        Secretary may require by regulation or guidance.
    ``(b) Voluntary Recall.--The Secretary may request that any person
who distributes a drug that the Secretary has reason to believe is
adulterated, misbranded, or otherwise in violation of this Act
voluntarily--
            ``(1) recall such drug; and
            ``(2) provide for notice, including to individuals as
        appropriate, to persons who may be affected by the recall.
    ``(c) Order To Cease Distribution and Recall Drug and Related
Procedures.--
            ``(1) Issuance of order.--If the Secretary has reason to
        believe that the use or consumption of, or exposure to, a drug
        (or an ingredient or component used in any such drug) may cause
        serious adverse health consequences or death to humans or
        animals, the Secretary shall have the authority to issue an
        order requiring any person who distributes such drug--
                    ``(A) to immediately cease distribution of such
                drug; and
                    ``(B) to provide for notice, including to
                individuals as appropriate, to persons who may be
                affected by such cessation of distribution.
            ``(2) Action following order.--
                    ``(A) Cease distribution and notification.--Any
                person who is subject to an order under paragraph (1)
                shall immediately cease distribution of such drug and
                provide notification as required by such order.
                    ``(B) Appeal.--Any person who is subject to an
                order under paragraph (1) may appeal within 24 hours of
                issuance such order to the Secretary. Such appeal may
                include a request for an informal hearing and a
                description of any efforts to recall such drug
                undertaken voluntarily by the person, including after a
                request under subsection (b).
                    ``(C) Informal hearing.--Except as provided in
                subsection (d), if an appeal made under subparagraph
                (B) contains a request for an informal hearing, such
                hearing shall be held as soon as practicable, but not
                later than 5 calendar days, or less as determined by
                the Secretary, after such an appeal is filed, unless
                the parties jointly agree to an extension.
                    ``(D) Determination.--After affording an
                opportunity for an informal hearing, the Secretary
                shall determine--
                            ``(i) whether--
                                    ``(I) the order under paragraph (1)
                                should be amended to require a recall
                                of such drug; or
                                    ``(II) inadequate grounds exist to
                                support the actions required by the
                                order; or
                            ``(ii) that the order under paragraph (1)
                        was appropriate as issued.
                    ``(E) Amendment or vacation of order.--
                            ``(i) Amendment.--In the case of a
                        determination made under subparagraph
                        (D)(i)(I), the Secretary shall amend the order
                        made under paragraph (1) accordingly.
                            ``(ii) Vacation.--In the case of a
                        determination made under subparagraph
                        (D)(i)(II), the Secretary shall vacate the
                        order made under paragraph (1).
            ``(3) Order to recall.--
                    ``(A) Amendment.--Except as provided under
                subsection (d), if after providing an opportunity for
                an informal hearing under paragraph (2)(C), the
                Secretary determines that the order should be amended
                to include a recall of the drug with respect to which
                the order was issued, the Secretary shall amend the
                order to require a recall.
                    ``(B) Contents.--An amended order under
                subparagraph (A) shall--
                            ``(i) specify a timetable in which the
                        recall will occur;
                            ``(ii) require periodic reports to the
                        Secretary describing the progress of the
                        recall; and
                            ``(iii) provide for notice, including to
                        individuals as appropriate, to persons who may
                        be affected by the recall.
                In providing for such notice, the Secretary may allow
                for the assistance of health professionals, State or
                local officials, or other individuals designated by the
                Secretary.
                    ``(C) Nondelegation.--An amended order under this
                paragraph shall be ordered by the Secretary or an
                official designated by the Secretary. An official may
                not be so designated unless the official is the
                director of the district under this Act in which the
                drug involved is located, or is an official senior to
                such director.
    ``(d) Emergency Recall Order.--
            ``(1) In general.--If the Secretary has credible evidence
        or information that a drug subject to an order under subsection
        (c)(1) presents an imminent threat of serious adverse health
        consequences or death to humans or animals, the Secretary may
        issue an order requiring any person who distributes such drug--
                    ``(A) to immediately recall such drug; and
                    ``(B) to provide for notice, including to
                individuals as appropriate, to persons who may be
                affected by the recall.
            ``(2) Action following order.--
                    ``(A) Recall and notification.--Any person who is
                subject to an emergency recall order under this
                subsection shall immediately recall such drug and
                provide notification as required by such order.
                    ``(B) Appeal.--
                            ``(i) Timing.--Any person who is subject to
                        an emergency recall order under this subsection
                        may appeal within 24 hours after issuance such
                        order to the Secretary.
                            ``(ii) Continuation of recall.--The person
                        subject to an emergency recall order shall
                        conduct the recall notwithstanding the pendency
                        of any appeal of such order.
                    ``(C) Informal hearing.--An informal hearing shall
                be held as soon as practicable but not later than 5
                calendar days, or less as determined by the Secretary,
                after an appeal under subparagraph (B) is filed, unless
                the parties jointly agree to an extension.
                    ``(D) Determination.--After affording an
                opportunity for an informal hearing, the Secretary
                shall determine--
                            ``(i) whether--
                                    ``(I) the order under paragraph (1)
                                should be amended to require a recall
                                of such drug; or
                                    ``(II) inadequate grounds exist to
                                support the actions required by the
                                order; or
                            ``(ii) that the order under paragraph (1)
                        was appropriate as issued.
                    ``(E) Amendment or vacation of order.--
                            ``(i) Amendment.--In the case of a
                        determination made under subparagraph
                        (D)(i)(I), the Secretary shall amend the order
                        made under paragraph (1) accordingly.
                            ``(ii) Vacation.--In the case of a
                        determination made under subparagraph
                        (D)(i)(II), the Secretary shall vacate the
                        order made under paragraph (1).
            ``(3) Nondelegation.--An order under this subsection shall
        be issued by the Commissioner of Food and Drugs, the Principal
        Deputy Commissioner, or the Associate Commissioner for
        Regulatory Affairs of the Food and Drug Administration.
    ``(e) Notice to Consumers and Health Officials.--The Secretary
shall, as the Secretary determines to be necessary, provide notice of a
recall order under this section to consumers to whom the drug was, or
may have been, distributed and to appropriate State and local health
officials.
    ``(f) Savings Clause.--Nothing contained in this section shall be
construed as limiting--
            ``(1) the authority of the Secretary to issue an order to
        cease distribution of, or to recall, a drug under any other
        provision of this Act or the Public Health Service Act; or
            ``(2) the ability of the Secretary to request any person to
        perform a voluntary activity related to any drug subject to
        this Act or the Public Health Service Act.
    ``(g) Recall Plan.--Any person required to register under section
510 shall have in effect a recall plan consistent with the requirements
of this section.''.
    (c) Delayed Applicability.--The amendments made by this section
apply beginning on the date that is one year after the date of the
enactment of this Act.

Output: Recall Unsafe Drugs Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require producers of medications to notify the Food and Drug Administration (FDA) of the identity and location of a medication if the producer has reason to believe: (1) that the medication is adulterated or misbranded; and (2) there is a reasonable probability that the use or consumption of, or exposure to, the medication will cause a threat of serious adverse health consequences or death to humans or animals. The FDA may: (1) request that the distributor of a medication that is in violation of the FFDCA voluntarily recall the medication; (2) require the distributor of a medication that may cause serious adverse health consequences to immediately cease distribution of the medication; (3) recall a medication for which distribution has been ceased after giving the distributor an opportunity for an informal hearing; and (4) immediately recall a medication that presents an imminent threat of serious adverse health consequences. Distributors may appeal these FDA orders. In the case of a recall, the FDA must notify consumers and state and local health officials to whom the medication was, or may have been, distributed. Medication distributors must have a recall plan in effect.


Input:
SECTION 1. REDUCTION IN VOLUME OF STEEL IMPORTS.

    (a) Reduction.--Notwithstanding any other provision of law, within
60 days after the date of the enactment of this Act, the President
shall take the necessary steps, by imposing quotas, tariff surcharges,
negotiated enforceable voluntary export restraint agreements, or
otherwise, to ensure that the volume of steel products imported into
the United States during any month does not exceed the average volume
of steel products that was imported monthly into the United States
during the 36-month period preceding July 1997.
    (b) Enforcement Authority.--Within 60 days after the date of the
enactment of this Act, the Secretary of the Treasury, through the
United States Customs Service, and the Secretary of Commerce shall
implement a program for administering and enforcing the restraints on
imports under subsection (a). The Customs Service is authorized to
refuse entry into the customs territory of the United States of any
steel products that exceed the allowable levels of imports of such
products.
    (c) Applicability.--
            (1) Categories.--This section shall apply to the following
        categories of steel products: semifinished, plates, sheets and
        strips, wire rods, wire and wire products, rail type products,
        bars, structural shapes and units, pipes and tubes, iron ore,
        and coke products.
            (2) Volume.--Volume of steel products for purposes of this
        section shall be determined on the basis of tonnage of such
        products.
    (d) Expiration.--This section shall expire at the end of the 3-year
period beginning 60 days after the date of the enactment of this Act.

SEC. 2. STEEL IMPORT NOTIFICATION AND MONITORING PROGRAM.

    (a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Commerce, in consultation with
the Secretary of the Treasury, shall establish and implement a steel
import notification and monitoring program. The program shall include a
requirement that any person importing a product classified under
chapter 72 or 73 of the Harmonized Tariff Schedule of the United States
obtain an import notification certificate before such products are
entered into the United States.
    (b) Steel Import Notification Certificates.--
            (1) In general.--In order to obtain a steel import
        notification certificate, an importer shall submit to the
        Secretary of Commerce an application containing--
                    (A) the importer's name and address;
                    (B) the name and address of the supplier of the
                goods to be imported;
                    (C) the name and address of the producer of the
                goods to be imported;
                    (D) the country of origin of the goods;
                    (E) the country from which the goods are to be
                imported;
                    (F) the United States Customs port of entry where
                the goods will be entered;
                    (G) the expected date of entry of the goods into
                the United States;
                    (H) a description of the goods, including the
                classification of such goods under the Harmonized
                Tariff Schedule of the United States;
                    (I) the quantity (in kilograms and net tons) of the
                goods to be imported;
                    (J) the cost insurance freight (CIF) and free
                alongside ship (FAS) values of the goods to be entered;
                    (K) whether the goods are being entered for
                consumption or for entry into a bonded warehouse or
                foreign trade zone;
                    (L) a certification that the information furnished
                in the certificate application is correct; and
                    (M) any other information the Secretary of Commerce
                determines to be necessary and appropriate.
            (2) Entry into customs territory.--In the case of
        merchandise classified under chapter 72 or 73 of the Harmonized
        Tariff Schedule of the United States that is initially entered
        into a bonded warehouse or foreign trade zone, a steel import
        notification certificate shall be required before the
        merchandise is entered into the customs territory of the United
        States.
            (3) Issuance of steel import notification certificate.--The
        Secretary of Commerce shall issue a steel import notification
        certificate to any person who files an application that meets
        the requirements of this section. Such certificate shall be
        valid for a period of 30 days from the date of issuance.
    (c) Statistical Information.--
            (1) In general.--The Secretary of Commerce shall compile
        and publish on a weekly basis information described in
        paragraph (2).
            (2) Information described.--Information described in this
        paragraph means information obtained from steel import
        notification certificate applications concerning steel imported
        into the United States and includes with respect to such
        imports the Harmonized Tariff Schedule of the United States
        classification (to the tenth digit), the country of origin, the
        port of entry, quantity, value of steel imported, and whether
        the imports are entered for consumption or are entered into a
        bonded warehouse or foreign trade zone. Such information shall
        also be compiled in aggregate form and made publicly available
        by the Secretary of Commerce on a weekly basis by public
        posting through an Internet website. The information provided
        under this section shall be in addition to any information
        otherwise required by law.
    (d) Fees.--The Secretary of Commerce may prescribe reasonable fees
and charges to defray the costs of carrying out the provisions of this
section, including a fee for issuing a certificate under this section.
    (e) Single Producer and Exporter Countries.--Notwithstanding any
other provision of law, the Secretary of Commerce shall make publicly
available all information required to be released pursuant to
subsection (c), including information obtained regarding imports from a
foreign producer or exporter that is the only producer or exporter of
goods subject to this section from a foreign country.
    (f) Regulations.--The Secretary of Commerce may prescribe such
rules and regulations relating to the steel import notification and
monitoring program as may be necessary to carry the provisions of this
section.

            Passed the House of Representatives March 17, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Output: Directs the President to impose quotas, tariff surcharges, or negotiate enforceable voluntary export restraint agreements in order to ensure that the volume of imported steel products (semifinished, plates, sheets and strips, wire rods, wire and wire products, rail type products, bars, structural shapes and units, pipes and tubes, iron ore, and coke products) during any month does not exceed the average volume of imported steel for the 36-month period preceding July 1997.  Directs the Secretaries of the Treasury and of Commerce to implement a program for administering and enforcing the restraints on such imports.  Authorizes the Customs Service to refuse entry into the U.S. customs territory for a three year period of any steel products that exceed the allowable levels of such products. Directs the Secretary of Commerce to establish and implement a steel import notification and monitoring program.  Requires any person who intends to import steel products into the United States to first obtain an import notification certificate.  Sets forth specified import notification certificate requirements. Directs the Secretary of Commerce to publish on a weekly basis through the Internet certain information obtained from steel import notification certificate applications regarding imported steel, including country of origin, the port of entry, quantity, value of steel imported, single producer or exporter countries, and whether such imports are entered into a bonded warehouse or foreign trade zone.  Authorizes the Secretary of Commerce to charge reasonable fees to defray the costs of carrying out this Act.