SECTION 1. SHORT TITLE. This Act may be cited as the ``National Childhood Brain Tumor Prevention Network Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Tumors kill more children than any other disease and brain tumors are the second most common type of cancer in children. (2) Childhood brain tumors are the leading cause of death from solid tumors in children. (3) There are newly recognized types of brain tumors, as defined by the World Health Organization, and many of these newly recognized types occur in children. (4) The causes of the overwhelming majority of childhood brain tumors are unknown. (5) Brain tumors have substantial costs for affected children, the families of such children, and society. (6) Childhood brain tumors cause significant morbidity and the loss of many years of potential life. (7) The prognosis for most childhood brain tumors is dismal and survivors face lasting adverse health effects. (8) Because of the relatively low overall incidence of childhood brain tumors, such tumors frequently do not receive sufficient attention and research funding. (9) No single institution has a sufficient number of patients to independently conduct research that will adequately address the causes of childhood brain tumors. (10) There has been no comprehensive study analyzing all relevant clinical, biological, and epidemiological aspects of childhood brain tumors to identify potential risk factors and determine the cause of such tumors. (11) Existing national cooperative clinical oncology groups primarily investigate treatment options and prognosis and do not typically examine the origins of childhood brain tumors or the risk factors associated with such tumors. A significant majority of children with brain tumors are first treated by neurosurgeons and not by oncologists typically involved in such groups. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) there is a need to establish a multi-center research effort based on collaboration between regional consortia in order to comprehensively study the causes of childhood brain tumors and identify potential risk factors; (2) there is a need to encourage a collaborative effort among surgical and medical centers with epidemiological study groups to gather comprehensive and detailed information for each child enrolled in those groups, in order to investigate environmental, nutritional, genetic, and developmental factors with respect to, and the pathological and epidemiological characteristics of, childhood brain tumors; and (3) there is a need to authorize the Director of the National Institutes of Health to coordinate national research efforts of governmental and nongovernmental entities with respect to childhood brain tumors. SEC. 4. ESTABLISHMENT OF THE NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION NETWORK. (a) In General.--Subpart 1 of part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following: ``SEC. 417F. NATIONAL CHILDHOOD BRAIN TUMOR PREVENTION NETWORK. ``(a) Establishment of the National Childhood Brain Tumor Prevention Network.-- ``(1) In general.--Not later than one year after the date of the enactment of this section, the Director of NIH, acting through the Director of the National Cancer Institute, shall establish, administer, and coordinate a National Childhood Brain Tumor Prevention Network (hereinafter referred to in this section as the `Network') for the purposes described in paragraph (2). ``(2) Purposes.--The purposes of the Network shall be the following: ``(A) Providing grants of not fewer than five years duration to eligible consortia for the purpose of conducting research with respect to the causes of and risk factors associated with childhood brain tumors. ``(B) Assembling a panel of experts, including members of the Brain Tumor Epidemiology Consortium and survivors of brain tumors, to provide ongoing guidance and recommendations for, with respect to research funded by the Network, the development of the following: ``(i) A common study design. ``(ii) Standard protocols, methods, procedures, and assays for collecting from individuals enrolled as study participants, and the parents of such individuals, a minimum data set that includes the following: ``(I) Environmental exposure data. ``(II) Nutritional data. ``(III) Biospecimens, including genomic data. ``(IV) Histopathological and molecular pathological data and specimens. ``(V) Clinical and radiological data. ``(iii) Specific analytical methods for examining data. ``(iv) Provisions for consensus review of enrolled cases. ``(v) An integrated data collection network. ``(C) Designating a central laboratory to collect, analyze, and aggregate data with respect to research funded by the Network and to make such data and analysis available to researchers. ``(3) Eligible consortia.--To be eligible for a grant under this section, a consortium shall demonstrate the following: ``(A) The capability to annually enroll as research participants a minimum of 100 individuals with a newly diagnosed childhood brain tumor from the designated catchment area of such consortium. ``(B) The capability to form a control group by enrolling as research participants, for each enrolled individual with a childhood brain tumor, at least two individuals without a childhood brain tumor, who are matched demographically to such enrolled individual with a childhood brain tumor. ``(C) That the designated catchment area of such consortium does not overlap with the designated catchment area of a consortium already receiving a grant under this section. ``(4) Report.--Not later than one year after the date of the enactment of this section and annually thereafter, the Director of NIH shall submit to Congress a report with respect to the Network, to be made publicly available, including a summary of research funded by the Network and a list of consortia receiving grants under the Network. At the discretion of the Director of NIH, such report may be combined with other similar or existing reports. ``(5) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated $25,000,000 for each of fiscal years 2010 through 2014, to remain available until expended, to carry out this section. ``(B) Sense of congress.--It is the sense of Congress that funds appropriated to carry out this section should be in addition to the funds already appropriated to carry out the functions of the National Institutes of Health. ``(b) Definitions.--For purposes of this section, the following definitions apply: ``(1) Brain tumor epidemiology consortium.--The term `Brain Tumor Epidemiology Consortium' means the organization with such name formed in 2003 after an initial meeting sponsored by the National Cancer Institute's Division of Cancer Epidemiology and Genetics. ``(2) Catchment area.--The term `catchment area' means a defined area for which population data are available. ``(3) Childhood brain tumor.--The term `childhood brain tumor' means an intracranial or spinal cord tumor occurring in an individual under 20 years of age. ``(4) Consortium.--The term `consortium' means a partnership of two or more universities, health care organizations, or government agencies, or any combination of such entities, serving a designated catchment area.''. (b) Technical Correction.-- (1) In general.--Section 3 of the Hematological Cancer Research Investment and Education Act of 2002 (Public Law 107- 172; 116 Stat. 541) is amended by striking ``419C'' and inserting ``417C''. (2) Effective date.--The amendment made by paragraph (1) shall take effect as if included in the enactment of the Act referred to in such paragraph.

Summary: National Childhood Brain Tumor Prevention Network Act of 2008 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH), acting through the Director of the National Cancer Institute, to establish, administer, and coordinate a National Childhood Brain Tumor Prevention Network to: (1) provide grants for research on the causes of and risk factors associated with childhood brain tumors; (2) assemble a panel of experts to provide ongoing guidance and recommendations on research funded by the Network, including on a common study design and standard protocols; and (3) designate a central laboratory to collect, analyze, and aggregate data with respect to research funded by the Network and to make such data and analysis available to researchers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Access Enhancement Act''. SEC. 2. DEFINITION OF ELIGIBLE RURAL COMMUNITY. Section 601(b)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)(2)) is amended to read as follows: ``(2) Eligible rural community.--The term `eligible rural community' means any area of the United States-- ``(A) which is not included within the boundaries of any city, town, borough, or village, whether incorporated or unincorporated, with a population of more than 20,000 inhabitants; ``(B) which is not in the urbanized area contiguous and adjacent to such a city, town, borough, or village; and ``(C) the average median household income of which is not more than 80 percent of the national average median household income.''. SEC. 3. IMPROVEMENTS TO APPLICATION PROCESS. (a) Equity Requirements.--Section 601(c) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)) is amended by adding at the end the following: ``(3) Equity requirements.--The Secretary shall not approve an application submitted pursuant to this section to serve-- ``(A) an area in which at least 40 percent of the population does not have access to broadband service, unless the value of the assets of the applicant not pledged or hypothecated for any other purpose equals at least 10 percent of the principal amount of the loan which is the subject of the application; or ``(B) any other area, unless value of the assets referred to in subparagraph (A) equals at least 15 percent of the principal amount of the loan involved.''. (b) Reduction in Application Paperwork.--Section 601(c) of such Act (7 U.S.C. 950bb(c)), as amended by subsection (a) of this section, is amended by adding at the end the following: ``(4) Paperwork reduction.--The Secretary shall take such steps as are necessary to reduce the paperwork required of applicants under this section.''. (c) Outreach.--Section 601 of such Act (7 U.S.C. 950bb) is amended by redesignating subsections (i) through (k) as subsection (j) through (l), respectively, and inserting after subsection (h) the following: ``(i) Outreach.--The Secretary shall conduct outreach designed to inform the population of areas in which there is no or limited broadband service of the program carried out under this section.''. SEC. 4. BAN ON LOAN OR LOAN GUARANTEE FOR NEW BROADBAND SERVICE IN COMMUNITY WITH SEVERAL SERVICE PROVIDERS. Section 601(c) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)), as amended by section 3 of this Act, is amended by adding at the end the following: ``(5) Ban on loan or loan guarantee for new broadband service in community with 3 or more service providers.--The Secreary shall not approve an application for a loan or loan guarantee under this section for the provision of new broadband service to an eligible rural community in which the service is provided by 3 or more entities.''. SEC. 5. ELIMINATION OF LIMITATION ON ELIGIBILITY BASED ON NUMBER OF SUBSCRIBER LINES. (a) In General.--Section 601(d) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(d)) is amended by striking paragraph (3). (b) Limitations on Amounts Made Available for Entities With Various Shares of Installed Telephone Suscriber Lines.--Section 601(k) of such Act (7 U.S.C. 950bb(k)), as so redesignated by section 3(c) of this Act, is amended by adding at the end the following: ``(5) Limitations on amounts made available for entities with various shares of installed telephone suscriber lines.-- ``(A) Not more than 10 percent of the amounts made available for each fiscal year under this subsection may be used to provide loans or loan guarantees to entities with more than 10 percent of the telephone subscriber lines installed in the aggregate in the United States. ``(B) Not more than 40 percent of the amounts made available for each fiscal year under this subsection may be used to provide loans or loan guarantees to entities with not less than 2 percent and not more than 10 percent of the telephone subscriber lines installed in the aggregate in the United States.''. SEC. 6. LIMITATION ON TERM OF LOANS AND LOAN GUARANTEES. Section 601(g)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(g)(2)) is amended by striking ``the useful life of the assets constructed, improved, or acquired with the proceeds of the loan or extension of credit'' and inserting ``35 years''. SEC. 7. REPORTING REQUIREMENTS. Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb), as amended by section 3(c) of this Act, is amended by redesignating subsections (k) and (l) as subsection (l) and (m), respectively, and inserting after subsection (j) the following: ``(k) Annual Reports.--Not later than October 1 of each year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the status of the program under this section, which shall include, with respect to the period covered by the report-- ``(1) the number of applications submitted pursuant to this section; ``(2) the number of the applications that were approved; ``(3) the identity of the communities served by the applicants with approved applications; ``(4) the type of services offered by applicants for, and recipients of, loans or loan guarantees under this section; ``(5) the speed of the broadband service offered by the applicants and recipients; ``(6) how long it took to respond to the applicants; and ``(7) the outreach efforts conducted by the Secretary under subsection (i).''.

Summary: Rural Broadband Access Enhancement Act - Amends the Rural Electrification Act of 1936 to redefine "eligible rural community." Permits a loan or loan guarantee applicant in an area where 40% of the residents are without broadband access to qualify with a 10% loan equity position. Provides for: (1) paperwork reduction; and (2) program outreach to underserved areas. Prohibits loan or loan guarantees for new broadband service in communities with three or more service providers. Provides that for each fiscal year: (1) not more than 10% of program funds shall be available to providers with more than 10% of national subscriber lines; and (2) 40% of program funds shall be available to providers with between 2%-10% of national subscriber lines. Revises the amortization period from the life of the asset to 35 years. Requires an annual broadband program report to Congress.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Clearance Family Review Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Chapter 31 of title 5, United States Code, establishes anti-nepotism laws. (2) The specific purpose of the statute was to prevent nepotism and unfair conduct in Federal hiring practices. (3) The White House announced Jared Kushner's Federal employment appointment as senior White House adviser on January 9, 2017. (4) The White House announced Ivanka Trump's appointment as an official government employee as assistant to the President on March 29, 2017. (5) Under section 3110(a)(3) of title 5, United States Code, a daughter or son-in-law constitute a ``relative'' for purposes of a public official. (6) According to recent reporting by the New York Times, both Mr. Kushner and Ms. Trump retain substantial holdings, totaling as much as $740 million, that would be impacted based on a decision made by the Government. (7) Question 20A.1 on United States Government Standard Form 86 (SF 86), which all applicants seeking a security clearance must submit, asks: ``Have you, your spouse, or cohabitant ever had any foreign financial interests (such as stocks, property, financial investments, bank accounts, ownership of corporate entities, corporate interests, or businesses) in which you or they have direct control or direct ownership?''. (8) Question 20A.2 on such Form asks: ``Have you, your spouse, cohabitant, or dependent children ever had any foreign financial interests that someone controlled on your behalf?''. (9) Question 20A.3 on such Form asks: ``Have you, your spouse, cohabitant, or dependent children ever owned, or do you anticipate owning, or plan to purchase real estate in a foreign country?''. (10) Financial disclosures released on March 31, 2017, indicate that while both Mr. Kushner and Ms. Trump have divested from direct leadership roles in their previous businesses and real estate interests, their financial wealth remains tied to the success of those ventures by way of various trusts and company holdings. (11) President Trump has repeatedly declined to disclose personal or commercial tax returns or divesture agreements. (12) Given President Trump's refusal to disclose tax returns or divesture agreements, it is difficult to assess whether Mr. Trump's relatives sufficiently divested in holdings or are subject to foreign financial influence, including possible loans to the Trump Organization or to Mr. Kushner's businesses from state-owned foreign financial entities, including China's Anbang Insurance Group and Russia's VneshEconomBank. SEC. 3. LIMITATION ON PROVISION OF SECURITY CLEARANCES TO RELATIVES OF THE PRESIDENT. (a) Limitation on Security Clearances.--Section 3110(a)(1) of title 5, United States Code, is amended-- (1) in subparagraph (C) by striking ``and''; (2) in subparagraph (D) by striking the semicolon and inserting ``; and''; and (3) by adding at the end the following: ``(E) for purposes of subsection (f), an office, agency, or other establishment within the White House or the Executive Office of the President;''. (b) Prohibition on Security Clearances to Relatives of the President.--Section 3110 of title 5, United States Code, is amended by adding at the end the following: ``(f) Prohibition on Security Clearances to Relatives of the President.-- ``(1) In general.--Except as provided for under paragraph (2), an agency, including the Department of Defense, may not grant eligibility for access to classified information to a relative of the President for the purposes of Federal employment unless a favorable determination is submitted to the head of the agency pursuant to paragraph (2)(C). ``(2) Review process.-- ``(A) Request for determination.--If the President determines that a relative of the President requires access to classified information for Federal employment, the President shall submit a letter to the Director of the Office of Government Ethics requesting a determination regarding the relative's suitability for such access. ``(B) OGE review.--The Director shall conduct a review to determine whether the applicable relative has any ongoing and substantial commercial relationships with state-owned or privately owned foreign enterprises or financial institutions and, if so, whether the relative is ineligible for access to security clearance because of such relationships. ``(C) Submission.--Not later than 60 days after receipt of a letter under subparagraph (A), the Director shall submit the determination made under subparagraph (B) to-- ``(i) the President; ``(ii) the head of the employing agency of the relative; and ``(iii) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.''.

Summary: Security Clearance Family Review Act This bill prohibits specified federal agencies, including the Department of Defense, from granting access to classified information to a relative of the President for purposes of federal employment unless the Office of Government Ethics makes a favorable determination during a review process regarding the relative's suitability for such access. In conducting a review, the Office of Government Ethics must determine whether the relative of the President has any ongoing and substantial commercial relationships with state-owned or privately owned foreign enterprises or financial institutions, and, if so, whether the relative is ineligible for access to classified information because of such relationships.


SECTION 1. FINDINGS. Congress finds that-- (1) the Cape Fox Corporation (referred to in this Act as ``Cape Fox'') is a Village Corporation for the Native Village of Saxman, Alaska, organized pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); (2) similar to other Village Corporations in southeast Alaska, under section 16 of that Act (43 U.S.C. 1615), Cape Fox could select only 23,040 acres from land withdrawn for the purpose of that selection; (3) under section 22(l) of that Act (43 U.S.C. 1621(l))-- (A) the Village Corporations in southeast Alaska, other than Cape Fox, were restricted with respect to the selection of land within 2 miles of a home rule city (as that term is used in that Act); and (B) to protect the watersheds in the vicinity, Cape Fox was restricted with respect to the selection of land within 6 miles of the boundary of the home rule city of Ketchikan, Alaska; (4) the 6-mile restriction described in paragraph (3)(B) precluded Cape Fox from selecting valuable timber land, industrial sites, and other commercial property located-- (A) within the townships in which the Native Village of Saxman is located, more particularly described as T.75 S., T.76 S., R.91 E., Copper River Meridian; and (B) on surrounding land that is far removed from Ketchikan, Alaska, and its watersheds; (5) as a result of that 6-mile restriction, only the remote, mountainous, northeast corner of the property described in paragraph (4)(A), which is nonproductive and has no known economic value, was available for selection by Cape Fox, as required under section 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)); (6) land selections by Cape Fox under that Act were further limited by the fact that-- (A) the Annette Island Indian Reservation is located within the applicable selection area; and (B) land of that reservation is unavailable for selection by Cape Fox; (7) Cape Fox is the only Village Corporation affected by the restrictions described in paragraphs (3)(B) and (6); (8) the Secretary of the Interior (referred to in this Act as the ``Secretary'') has advised Congress that the predicament of Cape Fox is sufficiently unique to warrant the legislative remedy provided by this Act; and (9) the adjustment of the selections available and conveyances of land to Cape Fox under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and the related adjustment of selections available and conveyances of land to the Regional Corporation for Sealaska established pursuant to that Act, are in accordance with-- (A) the purposes of that Act; and (B) the public interest. SEC. 2. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND. Notwithstanding section 16(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(b)), Cape Fox shall not be required to select or receive conveyance of the approximately 160 acres of unconveyed Federal land located within sec. 1, T.75 S., R.91 E., Copper River Meridian. SEC. 3. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY. (a) Selection and Conveyance of Surface Estate.--Not later than 90 days after the date of enactment of this Act, in addition to land made available for selection under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), Cape Fox may select, and, on receiving written notice of the selection, the Secretary shall convey, the approximately 99 acres of the surface estate of Tongass National Forest land located outside the exterior selection boundary of Cape Fox (as in existence on the day before the date of enactment of this Act) and more particularly described as follows: (1) T.73 S., R.90 E., Copper River Meridian. (2) Of land located in sec. 33-- (A) the 38 acres located within the SW\1/4\SE\1/4\; (B) the 13 acres located within the NW\1/4\SE\1/4\; (C) the 40 acres located within the SE\1/4\SE\1/4\; and (D) the 8 acres located within the SE\1/4\SW\1/4\. (b) Conveyance of Subsurface Estate.--On conveyance to Cape Fox of the surface estate to the land identified in subsection (a), the Secretary shall convey to Sealaska Corporation the subsurface estate to the land. (c) Timing.--The Secretary shall complete the conveyances to Cape Fox and Sealaska Corporation under this section as soon as practicable after the date on which the Secretary receives a notice of the selection of Cape Fox under subsection (a). (d) Entitlement Fulfilled.-- (1) Definition of approved conveyance.--The term ``approved conveyance'' means the conveyance of the 40 acres described as the SW\1/4\NE\1/4\ of sec. 10, T.74 S., R.90 E., Copper River Meridian, selected and approved for conveyance by the decision of the Bureau of Land Management dated May 3, 2000. (2) Treatment as full entitlement.--The conveyance of land to Cape Fox and Sealaska Corporation pursuant to subsection (a) and the approved conveyance shall be considered to fulfill the entitlement of-- (A) Cape Fox under section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615); and (B) Sealaska Corporation to any subsurface interest in the land under section 14(f) of that Act (43 U.S.C. 1613(f)).

Summary: Declares that the Cape Fox Corporation (Cape Fox) of Saxman, Alaska, shall not be required to select or receive conveyance of specified unconveyed federal land. Allows Cape Fox to select, and requires the Secretary of the Interior to convey, on receiving written notice of the selection, the approximately 99 acres of the surface estate of Tongass National Forest land located outside the exterior selection boundary of Cape Fox. Requires the Secretary, on conveyance to Cape Fox of the surface estate to such land, to convey its subsurface estate to Sealaska Corporation.


SECTION 1. FINDINGS. Congress finds the following: (1) The Jefferson National Expansion Memorial was conceived in the 1930s to preserve St. Louis's role as the ``Gateway to the West''. Land was acquired, competitions were held, the renowned Arch was completed on October 28, 1965, and the Arch itself was designated a National Historic Landmark on May 28, 1987. (2) The original purpose of the Memorial, as described in President Roosevelt's 1935 Executive Order and later in the Jefferson National Expansion Memorial Act of 1954, was to commemorate the past, and especially, to keep alive the daring and spirit that moved pioneers to press westward before and after the consummation of the Louisiana Purchase and the historic role of the rivers and St. Louis in westward expansion. (3) To fully realize the true promise and significance of the Memorial and its Landmark, the Arch, the Memorial should connect with and be more accessible to the urban population and the river and commemorate the pioneering spirit of migration throughout the Nation by providing a visitor experience that includes educational, instructional, and research programs, facilities, and technology demonstrating-- (A) the broad diversity of migrants; (B) the policies and conditions that produced migration; (C) the impact of migration on the political, economic, social, and architectural development of the Nation; and (D) a focus on African-American migration patterns from slavery to the underground railroad, and especially the migration of African-Americans from the south to northern industrial cities. (4) The project described in paragraph (3) should be completed by October 28, 2015, the 50th anniversary of the completion of the Arch, so that the area will be available to better engage the American public when the Centennial of the National Park Service is celebrated in 2016. (5) The Jefferson National Expansion Memorial Act of 1954, which authorized the construction of the Jefferson National Expansion Memorial and directed the Secretary to construct the Memorial in accordance with the Eero Saarinen's winning design for the development and construction of the Memorial, recognized the importance of highly visible cultural facilities and other attractions on the grounds of the Memorial to its central purpose of promoting the connection and significance of the historic St. Louis riverfront to the rest of the region, and in turn, the region to the Nation. (6) The Museum of Westward Expansion should be significantly improved before the Centennial of the National Park Service is celebrated in 2016. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) Memorial.--The term ``Memorial'' means the Jefferson National Expansion Memorial. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Trust.--The term ``Trust'' means the Jefferson National Expansion Memorial Trust SEC. 3. NATIONAL HISTORIC LANDMARK STATUS OF THE GATEWAY ARCH. To ensure the protections of the National Historic Preservation Act-- (1) the structure of the Gateway Arch and the Old St. Louis Courthouse are hereby designated by Congress as National Historic Landmarks; and (2) the grounds of the Memorial surrounding the Arch are hereby designated by Congress for inclusion on the National Register of Historic Places. SEC. 4. AUTHORITY OF THE SECRETARY. The Secretary may take the following actions: (1) Enter into agreements with the Trust to plan and develop the St. Louis riverfront between Eads and Poplar Street bridges, the Memorial grounds including the interstate highway and roadways now traversing them, Luther Ely Smith Square, and the Old Courthouse as a single project area. The master plan for the project area and the design of its highly visible elements shall be created pursuant to international design competitions to be conducted by the Trust as extensive as the 1947 competition which resulted in the selection of Eero Saarinen's Arch design. (2) Enter into an agreement with the Trust to facilitate the planning, construction, and operation of a cultural facility on Federal land within the boundary of the Jefferson National Expansion Memorial to enhance the visitor experience of the Memorial and for exhibitions, learning and interpretation associated with American migration, and other terms and conditions the Secretary determines to be necessary. An agreement authorizing the Trust to occupy or operate the cultural facility shall also provide for conveyance by the Trust to the United States of all right, title, and interest in such cultural facility. (3) Transfer one or more portions of the Memorial grounds to the administrative jurisdiction of the Trust and enter into agreements with the Trust for the Trust to assist in the implementation of the Final General Management Plan and Record of Decision. (4) Enter into agreements with the Trust for such other facilities and services provided in the design competitions in furtherance of the purposes of this Act, including completing the project described in paragraph (3) of section 1 not later than October 28, 2015.

Summary: Designates the structure of the Gateway Arch and Old St. Louis Courthouse as National Historic Landmarks. Designates the grounds of the Jefferson National Expansion Memorial surrounding the Arch for inclusion on the National Register of Historic Places.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Office of the Victim Advocate Act of 2004''. SEC. 2. ESTABLISHMENT OF OFFICE OF THE VICTIM ADVOCATE IN DEPARTMENT OF DEFENSE. (a) Establishment.--Part II of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 90--OFFICE OF THE VICTIM ADVOCATE ``Sec. ``1811. Office of the Victim Advocate: establishment; Director. ``1812. Office of the Victim Advocate: functions. ``1813. Annual report. ``Sec. 1811. Office of the Victim Advocate: establishment; Director ``(a) Establishment.--There is in the Office of the Secretary of Defense an Office of the Victim Advocate. The office shall have responsibility for coordination of programs and activities of the military departments to the extent that they relate to victims of interpersonal violence among members of the armed forces or between members of the armed forces and family members and partners (including former spouses, children, significant others, children-in-common, girl friends, and boy friends). ``(b) Director.--The head of the Office is a Director. ``(c) Victim Defined.--In this chapter, the term `victim' means a person who is the victim of sexual misconduct or interpersonal violence which-- ``(1) in the case of a person who is a member of the armed forces, is carried out by another member of the armed forces or a family member or intimate partner; and ``(2) in the case of a person who is not member of the armed forces, is carried out by a member of the armed forces who is a family member or intimate partner of that person. ``Sec. 1812. Office of the Victim Advocate: functions ``(a) Coordination Functions.--The Director of the Office of the Victim Advocate shall carry out the following coordination functions: ``(1) Coordinate programs and activities of the military departments relative to care, services, and treatment for victims. ``(2) Serve as headquarters program manager for the victim advocates and the victim service specialists in the Department of Defense authorized by law. ``(3) Coordinate services for victims among military and civilian communities and provide guidance to victims in obtaining those services. ``(b) Evaluation and Review Functions.--The Director of the Office of the Victim Advocate shall carry out the following evaluation and review functions: ``(1) Evaluate the prevalence of interpersonal violence associated with members of the armed forces. ``(2) Evaluate the programs established by the military departments providing services to victims of interpersonal violence. ``(3) Evaluate the delivery of services by the military departments to victims of interpersonal violence. ``(4) Review the facilities of the military departments providing services to victims of interpersonal violence. ``(5) Review the hotline programs for victims of violence, including command and installation hotlines, the National Domestic Violence Hotline, and the National Sexual Assault Hotline. ``(6) Review disciplinary actions taken against members of the armed forces who commit acts of interpersonal violence. ``(c) Policy Functions.--The Director of the Office of the Victim Advocate shall carry out the following policy functions: ``(1) Recommend to the Secretaries of the military departments policies, protocols, and programs to enhance services to victims. ``(2) Recommend changes to policies and procedures to address sexual misconduct and intimate partner violence. ``(3) Establish system accountability standards. ``(4) Develop protocols for accountability of commanders in response to incidents of violence. ``(5) Serve, or designate a person to serve, on any fatality review panel established by the Secretary of a military department under section 4061, 6036, or 9061 of this title. ``(d) Education and Training Functions.--The Director of the Office of the Victim Advocate shall carry out the following education and training functions: ``(1) Conduct education and training within the armed forces. ``(2) Conduct training and technical assistance (including programs referred to as Life Skills program) for commands, Family Advocacy Programs, victim witness assistance liaisons, commissions, medical personnel, and law enforcement, security forces, and the Judge Advocate General Corps. ``(3) Conduct programs of public education. ``Sec. 1813. Annual report ``(a) Report to the Secretary of Defense.--The Director of the Office of the Victim Advocate shall submit to the Secretary of Defense an annual report containing an assessment of the current state of affairs within the military departments relative to interpersonal violence and sexual misconduct. The report shall include proposed initiatives to enhance the response of the military departments to interpersonal violence and sexual misconduct. ``(b) Report to Congress.--The Secretary of Defense shall transmit to Congress each report received from the Director under subsection (a), together with the Secretary's comments thereon.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for fiscal year 2005 for Operation and Maintenance, Defense-Wide, the amount of $10,000,000 to carry out the functions of the Office of the Victim Advocate in the Department of Defense.

Summary: Department of Defense Office of the Victim Advocate Act of 2004 - Establishes an Office of the Victim Advocate within the Office of the Secretary of Defense to assist victims of sexual misconduct and interpersonal violence occurring among members of the Armed Forces or between members of the Armed Forces and family members and partners. Requires the Director of the Office to carry out specified coordination, evaluation and review, policy, and education and training functions, and to submit to the Secretary an annual report assessing the current state of affairs within military departments relative to interpersonal violence and sexual misconduct. Requires the Secretary to transmit the Director's report to Congress with additional comments.


SECTION 1. SHORT TITLE. This Act may be cited as the ``San Juan County Settlement Implementation Act of 2016''. SEC. 2. EXCHANGE OF COAL PREFERENCE RIGHT LEASE APPLICATIONS. (a) Definitions.--In this section: (1) Bidding right.--The term ``bidding right'' means an appropriate legal instrument or other written documentation, including an entry in an account managed by the Secretary, issued or created under subpart 3435 of title 43, Code of Federal Regulations, that may be used-- (A) in lieu of a monetary payment for a bonus bid for a coal lease sale under the Mineral Leasing Act (30 U.S.C. 181 et seq.); or (B) as a monetary credit against any rental or royalty payments due under any Federal coal lease. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Authorization.--The Secretary may retire any coal preference right lease application for which the Secretary has made an affirmative commercial quantities determination-- (1) by issuing bidding rights in exchange for relinquishment of the coal preference right lease application; and (2) notwithstanding any other provision of law, by making a payment to the relevant State in an amount equal to 50 percent of the dollar amount of any bidding right subsequently used in lieu of any monetary payment of a bonus in a coal lease sale or of rental or royalty under a Federal coal lease. (c) Source of Payments.--The Secretary shall make payments under subsection (b) from amounts that would otherwise be deposited in the Treasury as miscellaneous receipts under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)). (d) Treatment of Payments.--A payment to a State under this section shall be treated as a payment under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)). (e) Transferability; Limitation.-- (1) Transferability.--A bidding right issued under this section shall be fully transferable to any other person. (2) Notification of secretary.--A person who transfers a bidding right shall notify the Secretary of the transfer by any method determined to be appropriate by the Secretary. (3) Effective period.-- (A) In general.--A bidding right issued under this section shall terminate on the expiration of the 5-year period beginning on the date the bidding right is issued. (B) Tolling of period.--The 5-year period described in subparagraph (A) shall be tolled during any period in which exercise of the bidding right is precluded by temporary injunctive relief granted under, or administrative, legislative, or judicial suspension of, the Federal coal leasing program. SEC. 3. CERTAIN LAND SELECTIONS OF THE NAVAJO NATION. (a) Cancellation of Certain Selections.--The land selections made by the Navajo Nation pursuant to Public Law 93-531 (commonly known as the ``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d et seq.) that are depicted on the map entitled ``Navajo-Hopi Land Settlement Act Selected Lands'' and dated April 2, 2015, are canceled. (b) Authorization for New Selection.-- (1) In general.--Subject to paragraphs (2) and (3), the Navajo Nation may make new land selections in accordance with the Act referred to in subsection (a) to replace the land selections canceled under that subsection. (2) Exclusions.--The following land shall not be eligible for selection under paragraph (1): (A) Land within a unit of the National Landscape Conservation System. (B) Land within-- (i) the Glade Run Recreation Area; (ii) the Fossil Forest Research Natural Area; (iii) the North Road Area of Critical Environmental Concern; (iv) the Pierre's Site Area of Critical Environmental Concern; or (v) the Ah-shi-sle-pah Road Area of Critical Environmental Concern. (C) Any land subject to a lease or contract under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Act of July 31, 1947 (commonly known as the ``Materials Act of 1947'') (30 U.S.C. 601 et seq.), as of the date of the selection. (3) Equal value.-- (A) In general.--Notwithstanding the acreage limitation in the second proviso of section 11(c) of Public Law 93-531 (commonly known as the ``Navajo-Hopi Land Settlement Act of 1974'') (25 U.S.C. 640d-10(c)), the value of the land selected under paragraph (1) and the land subject to selections cancellation under subsection (a) shall be equal, based on appraisals conducted under subparagraph (B). (B) Appraisal.--The value of the land selected under paragraph (1) and the land subject to selections canceled under subsection (a) shall be determined by an appraisal conducted in accordance with-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (4) Withdrawal.--Any land selected by the Navajo Nation under paragraph (1) shall be withdrawn from disposal, leasing, and development until the date on which the selected land is placed into trust for the Navajo Nation. (c) Boundary.--For purposes of this section and the Act referred to in subsection (a), the present boundary of the Navajo Reservation is depicted on the map entitled ``Navajo Nation Boundary'' and dated November 16, 2015. SEC. 4. DESIGNATION OF AH-SHI-SLE-PAH WILDERNESS. (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 7,242 acres of land as generally depicted on the map entitled ``San Juan County Wilderness Designations'' and dated April 2, 2015, is designated as wilderness and as a component of the National Wilderness Preservation System, which shall be known as the ``Ah-shi-sle-pah Wilderness'' (referred to in this section as the ``Wilderness''). (b) Management.-- (1) In general.--Subject to valid existing rights, the Wilderness shall be administered by the Director of the Bureau of Land Management in accordance with this section and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (2) Adjacent management.-- (A) In general.--Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (B) Nonwilderness activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. (3) Incorporation of acquired land and interests in land.-- Any land or interest in land that is within the boundary of the Wilderness that is acquired by the United States shall-- (A) become part of the Wilderness; and (B) be managed in accordance with-- (i) the Wilderness Act (16 U.S.C. 1131 et seq.); (ii) this section; and (iii) any other applicable laws. (4) Grazing.--Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with-- (A) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (B) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617). (c) Release of Wilderness Study Areas.--Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Ah-shi- sle-pah Wilderness Study Area not designated as wilderness by this section has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). SEC. 5. EXPANSION OF BISTI/DE-NA-ZIN WILDERNESS. (a) In General.--There is designated as wilderness and as a component of the National Wilderness Preservation System certain Federal land comprising approximately 2,250 acres, as generally depicted on the map entitled ``San Juan County Wilderness Designations'' and dated April 2, 2015, which is incorporated in and shall be considered to be a part of the Bisti/De-Na-Zin Wilderness. (b) Administration.--Subject to valid existing rights, the land designated as wilderness by subsection (a) shall be administered by the Director of the Bureau of Land Management (referred to in this section as the ``Director''), in accordance with-- (1) the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) the San Juan Basin Wilderness Protection Act of 1984 (Public Law 98-603; 98 Stat. 3155; 110 Stat. 4211). (c) Adjacent Management.-- (1) In general.--Congress does not intend for the designation of the land as wilderness by subsection (a) to create a protective perimeter or buffer zone around that land. (2) Nonwilderness activities.--The fact that nonwilderness activities or uses can be seen or heard from areas within the land designated as wilderness by subsection (a) shall not preclude the conduct of the activities or uses outside the boundary of that land. (d) Incorporation of Acquired Land and Interests in Land.--Any land or interest in land that is within the boundary of the land designated as wilderness by subsection (a) that is acquired by the United States shall-- (1) become part of the Bisti/De-Na-Zin Wilderness; and (2) be managed in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); (B) the San Juan Basin Wilderness Protection Act of 1984 (Public Law 98-603; 98 Stat. 3155; 110 Stat. 4211); (C) this section; and (D) any other applicable laws. (e) Grazing.--Grazing of livestock in the land designated as wilderness by subsection (a), where established before the date of enactment of this Act, shall be allowed to continue in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).

Summary: San Juan County Settlement Implementation Act of 2016 This bill authorizes the Department of the Interior to retire any coal preference right lease application for which it has made an affirmative commercial quantities determination by: issuing bidding rights in exchange for relinquishment of the application, and making a payment to the relevant state of 50% of the dollar amount of any bidding right subsequently used in lieu of any monetary bonus in a coal lease sale or of rental or royalty under a federal coal lease. Interior shall make such payments from amounts that would otherwise be deposited in the Treasury as miscellaneous receipts under the Mineral Leasing Act. The bill declares such bidding rights fully transferable to any other person. The bill cancels specified land selections made by the Navajo Nation pursuant to the Navajo-Hopi Land Settlement Act of 1974. Subject to specified exclusions, the Navajo Nation may make new land selections to replace those canceled. The bill designates approximately 7,242 acres of land as the Ah-shi-sle-pah Wilderness and incorporates approximately 2,250 acres of specified federal land into the Bisti/De-Na-Zin Wilderness.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Threat and Security Act''. SEC. 2. IMPROVED REPORTING ON FOREIGN-FLAG VESSELS ENTERING UNITED STATES PORTS. Within 6 months after the date of enactment of this Act and every year thereafter, the Secretary of Transportation, in consultation with the Secretary of State, shall provide a report to the Committees on Commerce, Science, and Transportation and Foreign Relations of the Senate, and the Committees on Transportation and Infrastructure and International Relations of the House of Representatives that lists the following information: (1) A list of all nations whose flag vessels have entered United States ports in the previous year. (2) Of the nations on that list, a separate list of those nations-- (A) whose registered flag vessels appear as Priority III or higher on the Boarding Priority Matrix maintained by the Coast Guard; (B) that have presented, or whose flag vessels have presented, false, intentionally incomplete, or fraudulent information to the United States concerning passenger or cargo manifests, crew identity or qualifications, or registration or classification of their flag vessels; (C) whose vessel registration or classification procedures have been found by the Secretary to be insufficient or do not exercise adequate control over safety and security concerns; or (D) whose laws or regulations are not sufficient to allow tracking of ownership and registration histories of registered flag vessels. (3) Actions taken by the United States, whether through domestic action or international negotiation, including agreements at the International Maritime Organization under section 902 of the International Maritime and Port Security Act (46 U.S.C. App. 1801), to improve transparency and security of vessel registration procedures in nations on the list under paragraph (2). (4) Recommendations for legislative or other actions needed to improve security of United States ports against potential threats posed by flag vessels of nations named in paragraph (2). SEC. 3. SEA MARSHAL PROGRAM. (a) Establishment.--Within 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish a program to place sea marshals on vessels entering United States Ports identified in subsection (c). (b) Consultation.--In establishing this program, the Secretary shall consult with representatives from the port security task force and local port security committees. (c) Sea Marshal Ports.--The Secretary shall identify United States ports for inclusion in the sea marshal program based on criteria that include the following: (1) The presence of port facilities that handle materials that are hazardous or flammable in quantities that make them potential targets of attack. (2) The proximity of these facilities to residential or other densely populated areas. (3) The proximity of sea lanes or navigational channels to hazardous areas that would pose a danger to citizens in the event of a loss of navigational control by the ship's master. (4) Any other criterion deemed necessary by the Secretary. (d) Sea Marshal Qualifications.--The Secretary shall establish appropriate qualifications or standards for sea marshals. The Secretary may use, or require use of, Federal, State, or local personnel as sea marshals. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out the requirements of this section for each of the fiscal years 2002 through 2006. (f) Report.--Within 3 years after the date of enactment of this Act, the Secretary shall report to the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Transportation and Infrastructure of the House of Representatives on the success of the program in protecting the ports listed under (c), and submit any recommendations. SEC. 4. SEA PILOT COMMUNICATION AND WARNING SYSTEM. Within 6 months after the date of enactment of this Act, the Secretary of Transportation shall provide a secure report to the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Transportation and Infrastructure of the House of Representatives on the potential for increasing the capabilities of sea pilots to provide information on maritime domain awareness. The report should specifically address necessary improvements to both reporting procedures and equipment that could allow pilots to be integrated more effectively in an maritime domain awareness program. SEC. 5. SECURITY STANDARDS AT FOREIGN SEAPORTS. (a) Assessment.-- (1) In general.--The Secretary shall assess the effectiveness of the security measures maintained at-- (A) each foreign seaport-- (i) served by United States vessels; (ii) from which foreign vessels serve the United States; or (iii) that poses a high risk of introducing danger to international sea travel; and (B) other foreign seaports the Secretary considers appropriate. (2) International cooperation and standards.--The Secretary of Transportation shall conduct an assessment under paragraph (1) of this subsection-- (A) in consultation with appropriate port authorities of the government of a foreign country concerned and United States vessel operators serving the foreign seaport for which the Secretary is conducting the assessment; (B) to establish the extent to which a foreign seaport effectively maintains and carries out security measures; and (C) by using a standard that will result in an analysis of the security measures at the seaport based at least on the standards and recommended practices of the International Maritime Organization in effect on the date of the assessment. (3) Report.--Each report to Congress required under section 2 shall contain a summary of the assessments conducted under this subsection. (b) Interval.--The Secretary of Transportation shall conduct assessments under subsection (a) of this section of at least 25 foreign seaports annually until all seaports identified in subsection (a)(1) are completed. The first 25 of these assessments shall be conducted within 18 months after the date of enactment of this Act. (c) Consultation.--In carrying out subsection (a) of this section, the Secretary of Transportation shall consult with the Secretary of State-- (1) on the terrorist threat that exists in each country; and (2) to establish which foreign seaports are not under the de facto control of the government of the foreign country in which they are located and pose a high risk of introducing danger to international sea travel. (d) Qualified Assessment Entities.--In carrying out subsection (a) of this section, the Secretary of Transportation may utilize entities determined by the Secretary of Transportation and the Secretary of State to be qualified to conduct such assessments. (e) Notifying Foreign Authorities.--If the Secretary of Transportation, after conducting an assessment under subsection (a) of this section, determines that a seaport does not maintain and carry out effective security measures, the Secretary, after advising the Secretary of State, shall notify the appropriate authorities of the government of the foreign country of the decision and recommend the steps necessary to bring the security measures in use at the seaport up to the standard used by the Secretary in making the assessment. (f) Actions When Seaports Not Maintaining and Carrying Out Effective Security Measures.-- (1) In general.--If the Secretary of Transportation makes a determination under subsection (e) that a seaport does not maintain and carry out effective security measures, the Secretary-- (A) shall publish the identity of the seaport in the Federal Register; (B) shall require the identity of the seaport to be posted and displayed prominently at all United States seaports at which scheduled passenger carriage is provided regularly; (C) shall notify the news media of the identity of the seaport; (D) shall require each United States and foreign vessel providing transportation between the United States and the seaport to provide written notice of the decision, on or with the ticket, to each passenger buying a ticket for transportation between the United States and the seaport; and (E) may, after consulting with the appropriate port authorities of the foreign country concerned and United States and foreign vessel operators serving the seaport and with the approval of the Secretary of State, withhold, revoke, or prescribe conditions on the operating authority of a United States or foreign vessel that uses that seaport to provide foreign sea transportation. (2) Presidential action.--If the Secretary makes such a determination under subsection (e) about a seaport, the President may prohibit a United States or foreign vessel from providing transportation between the United States and any other foreign seaport that is served by vessels navigating to or from the seaport with respect to which a decision is made under this section. (3) When action to be taken.-- (A) In general.--The provisions of paragraphs (1) and (2) shall apply with respect to a foreign seaport-- (i) 90 days after the government of a foreign country is notified of the Secretary's determination under subsection (e) of this section unless the Secretary of Transportation finds that the government has brought the security measures at the seaport up to the standard the Secretary used in making an assessment under subsection (a) of this section before the end of that 90-day period; or (ii) on the date on which the Secretary makes that determination if the Secretary of Transportation determines, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from the seaport. (B) Travel advisory notification.--The Secretary of Transportation immediately shall notify the Secretary of State of a determination under subparagraph (A)(ii) of this paragraph so that the Secretary of State may issue a travel advisory required under section 908 of the International Maritime and Port Security Act (46 U.S.C. App. 1804). (4) Congressional notification.--The Secretary of Transportation promptly shall submit to Congress a report (and classified annex if necessary) on action taken under paragraph (1) or (2) of this subsection, including information on attempts made to obtain the cooperation of the government of a foreign country in meeting the standard the Secretary used in assessing the seaport under subsection (a) of this section. (5) Cancellation of publication requirements.--If the Secretary of Transportation, in consultation with the Secretary of State, determines that effective security measures are maintained and carried out at the seaport against which the Secretary took action under paragraph (1), then the Secretary shall-- (A) terminate action under paragraph (1) against that seaport; and (B) notify the Congress of the Secretary's determination. (g) Suspensions.--The Secretary of Transportation, with the approval of the Secretary of State and without notice or a hearing, shall suspend the right of any United States vessel to provide foreign sea transportation, and the right of a person to operate vessels in foreign sea commerce, to or from a foreign seaport if the Secretary of Transportation determines that-- (1) a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from that seaport; and (2) the public interest requires an immediate suspension of transportation between the United States and that seaport. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation $2,000,000 for fiscal year 2002 and each fiscal year thereafter to carry out this section. SEC. 6. FOREIGN PORT ASSESSMENT FEES. (a) In General.--The Secretary of Transportation shall collect a user fee from cruise vessel lines upon the arrival of a cruise vessel at a United States port from a foreign port. Amounts collected under this section shall be treated as offsetting collections to offset annual appropriations for the costs of providing foreign port vulnerability assessments under section 5. (b) Amount of Fee.--Cruise vessel lines shall remit $0.50 for each passenger embarkment on a cruise that includes at least one United States port and one foreign port. (c) Use of Fees.--A fee collected under this section shall be used solely for the costs associated with providing foreign port vulnerability assessments and may be used only to the extent provided in advance in an appropriation law. (d) Effective Date.--The requirements of this section apply with respect to travel beginning more than 179 days after the date of enactment of this Act.

Summary: Port Threat and Security Act - Directs the Secretary of Transportation to report to specified congressional committees: (1) a list of all nations whose flag vessels have entered U.S. ports in the previous year, and of those nations, a separate list of nations whose registered flag vessels appear as Priority III or higher on the Boarding Priority Matrix, that have presented certain false vessel-related information to the United States, or whose laws or regulations are not sufficient to allow tracking of ownership and registration histories of registered flag vessels; (2) on actions taken by the United States to improve transparency and security of vessel registration procedures in nations that have been listed; and (3) on recommendations for legislative or other actions needed to improve security of U.S. ports against potential threats posed by flag vessels of such nations.Establishes a program to place sea marshals on vessels entering U.S. ports that have been identified as posing a potential target of attack or because of their location may pose a risk to residential or other densely populated areas.Directs the Secretary to assess the effectiveness of security measures maintained at foreign seaports that serve U.S. vessels, from which foreign vessels serve the United States, or that pose a high risk of introducing danger to international sea travel. Sets forth certain actions the Secretary must take against seaports that do not maintain effective security measures.Imposes a user fee on cruise vessels that arrive at a U.S. port from a foreign port.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Striped Bass Conservation, Atlantic Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act of 2000''. TITLE I--ATLANTIC COASTAL FISHERIES Subtitle A--Atlantic Striped Bass Conservation SEC. 101. REAUTHORIZATION OF ATLANTIC STRIPED BASS CONSERVATION ACT. Section 7(a) of the Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is amended to read as follows: ``(a) Authorization.--For each of fiscal years 2001, 2002, and 2003, there are authorized to be appropriated to carry out this Act-- ``(1) $1,000,000 to the Secretary of Commerce; and ``(2) $250,000 to the Secretary of the Interior.''. SEC. 102. POPULATION STUDY OF STRIPED BASS. (a) Study.--The Secretaries (as that term is defined in the Atlantic Striped Bass Conservation Act), in consultation with the Atlantic States Marine Fisheries Commission, shall conduct a study to determine if the distribution of year classes in the Atlantic striped bass population is appropriate for maintaining adequate recruitment and sustainable fishing opportunities. In conducting the study, the Secretaries shall consider-- (1) long-term stock assessment data and other fishery-dependent and independent data for Atlantic striped bass; and (2) the results of peer-reviewed research funded under the Atlantic Striped Bass Conservation Act. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretaries, in consultation with the Atlantic States Marine Fisheries Commission, shall submit to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the results of the study and a long-term plan to ensure a balanced and healthy population structure of Atlantic striped bass, including older fish. The report shall include information regarding-- (1) the structure of the Atlantic striped bass population required to maintain adequate recruitment and sustainable fishing opportunities; and (2) recommendations for measures necessary to achieve and maintain the population structure described in paragraph (1). (c) Authorization.--There are authorized to be appropriated to the Secretary of Commerce $250,000 to carry out this section. Subtitle B--Atlantic Coastal Fisheries Cooperative Management SEC. 121. SHORT TITLE. This subtitle may be cited as the ``Atlantic Coastal Fisheries Act of 2000''. SEC. 122. REAUTHORIZATION OF ATLANTIC COASTAL FISHERIES COOPERATIVE MANAGEMENT ACT. (a) Authorization of Appropriations.--Section 811 of the Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5108) is amended to read as follows: ``SEC. 811. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--To carry out this title, there are authorized to be appropriated $10,000,000 for each of fiscal years 2001 through 2005. ``(b) Cooperative Statistics Program.--Amounts authorized under subsection (a) may be used by the Secretary to support the Commission's cooperative statistics program.''. (b) Technical Corrections.-- (1) In general.--Such Act is amended-- (A) in section 802(3) (16 U.S.C. 5101(3)) by striking ``such resources in'' and inserting ``such resources is''; and (B) by striking section 812 and the second section 811. (2) Amendments to repeal not affected.--The amendments made by paragraph (1)(B) shall not affect any amendment or repeal made by the sections struck by that paragraph. (3) Short title references.--Such Act is further amended by striking ``Magnuson Fishery'' each place it appears and inserting ``Magnuson-Stevens Fishery''. (c) Reports.-- (1) Annual report to the secretary.--The Secretary shall require, as a condition of providing financial assistance under this subtitle, that the Commission and each State receiving such assistance submit to the Secretary an annual report that provides a detailed accounting of the use of the assistance. (2) Biennial reports to the congress.--The Secretary shall submit biennial reports to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the use of Federal assistance provided to the Commission and the States under this subtitle. Each biennial report shall evaluate the success of such assistance in implementing this subtitle. TITLE II--JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM SEC. 201. SHORT TITLE. This title may be cited as the ``Marine Mammal Rescue Assistance Act of 2000''. SEC. 202. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. (a) In General.--Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371 et seq.) is amended-- (1) by redesignating sections 408 and 409 as sections 409 and 410, respectively; and (2) by inserting after section 407 the following: ``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. ``(a) In General.--(1) Subject to the availability of appropriations, the Secretary shall conduct a grant program to be known as the John H. Prescott Marine Mammal Rescue Assistance Grant Program, to provide grants to eligible stranding network participants for the recovery or treatment of marine mammals, the collection of data from living or dead stranded marine mammals for scientific research regarding marine mammal health, and facility operation costs that are directly related to those purposes. ``(2)(A) The Secretary shall ensure that, to the greatest extent practicable, funds provided as grants under this subsection are distributed equitably among the stranding regions designated as of the date of the enactment of the Marine Mammal Rescue Assistance Act of 2000, and in making such grants shall give preference to those facilities that have established records for rescuing or rehabilitating sick and stranded marine mammals in each of the respective regions, or subregions. ``(B) In determining priorities among such regions, the Secretary may consider-- ``(i) any episodic stranding or any mortality event other than an event described in section 410(6), that occurred in any region in the preceding year; ``(ii) data regarding average annual strandings and mortality events per region; and ``(iii) the size of the marine mammal populations inhabiting a geographic area within such a region. ``(b) Application.--To receive a grant under this section, a stranding network participant shall submit an application in such form and manner as the Secretary may prescribe. ``(c) Consultation.--The Secretary shall consult with the Marine Mammal Commission, a representative from each of the designated stranding regions, and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science regarding stranded marine mammals, regarding the development of criteria for the implementation of the grant program and the awarding of grants under the program. ``(d) Limitation.--The amount of a grant under this section shall not exceed $100,000. ``(e) Matching Requirement.-- ``(1) In general.--The non-Federal share of the costs of an activity conducted with a grant under this section shall be 25 percent of such costs. ``(2) In-kind contributions.--The Secretary may apply to the non-Federal share of an activity conducted with a grant under this section the amount of funds, and the fair market value of property and services, provided by non-Federal sources and used for the activity. ``(f) Administrative Expenses.--Of amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this section. ``(g) Definitions.--In this section: ``(1) Designated stranding region.--The term `designated stranding region' means a geographic region designated by the Secretary for purposes of administration of this title. ``(2) Secretary.--The term `Secretary' has the meaning given that term in section 3(12)(A). ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2001 through 2003, to remain available until expended, of which-- ``(1) $4,000,000 may be available to the Secretary of Commerce; and ``(2) $1,000,000 may be available to the Secretary of the Interior.''. (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting ``(other than section 408)'' after ``title IV''. (c) Clerical Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended by striking the items relating to sections 408 and 409 and inserting the following: ``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant Program. ``Sec. 409. Authorization of appropriations. ``Sec. 410. Definitions.''. SEC. 203. STUDY OF THE EASTERN GRAY WHALE POPULATION. (a) Study.--Not later than 180 days after the date of the enactment of this Act and subject to the availability of appropriations, the Secretary of Commerce shall initiate a study of the environmental and biological factors responsible for the significant increase in mortality events of the eastern gray whale population and other potential impacts these factors may be having on the eastern gray whale population. (b) Consideration of Western Population Information.--The Secretary should ensure that, to the greatest extent practicable, information from current and future studies of the western gray whale population is considered in the study under this section, so as to better understand the dynamics of each population and to test different hypotheses that may lead to an increased understanding of the mechanism driving their respective population dynamics. (c) Authorization of Appropriations.--In addition to other amounts authorized under this title, there are authorized to be appropriated to the Secretary to carry out this section-- (1) $290,000 for fiscal year 2001; and (2) $500,000 for each of fiscal years 2002 through 2004. SEC. 204. CONVEYANCE OF FISHERY RESEARCH VESSEL TO AMERICAN SAMOA. (a) In General.--The Secretary of Commerce (in this section referred to as the ``Secretary'') may convey to the Government of American Samoa in accordance with this section, without consideration, all right, title, and interest of the United States in and to a retired National Oceanic and Atmospheric Administration fishery research vessel in operable condition, for use by American Samoa. (b) Limitation.--The Secretary may not convey a vessel under this section before the date on which a new replacement fishery research vessel has been delivered to the National Oceanic and Atmospheric Administration and put in active service. (c) Operation and Maintenance.--The Government of the United States shall not be responsible or liable for any maintenance or operation of a vessel conveyed under this section after the date of the delivery of the vessel to American Samoa. SEC. 205. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO NATIONAL MARINE SANCTUARY DESIGNATION STANDARDS. (a) Technical Amendment.--Section 303(a) of the National Marine Sanctuaries Act (16 U.S.C. 1433(a)) is amended by striking ``the Secretary--'' and all that follows through the end of the sentence and inserting the following: ``the Secretary determines that-- ``(1) the designation will fulfill the purposes and policies of this title; ``(2) the area is of special national significance due to-- ``(A) its conservation, recreational, ecological, historical, scientific, cultural, archaeological, educational, or esthetic qualities; ``(B) the communities of living marine resources it harbors; or ``(C) its resource or human-use values; ``(3) existing State and Federal authorities are inadequate or should be supplemented to ensure coordinated and comprehensive conservation and management of the area, including resource protection, scientific research, and public education; ``(4) designation of the area as a national marine sanctuary will facilitate the objectives stated in paragraph (3); and ``(5) the area is of a size and nature that will permit comprehensive and coordinated conservation and management.''. (b) Conforming Amendments.--Such Act is further amended-- (1) in section 304(a)(1)(C) (as amended by section 6(a) of the National Marine Sanctuaries Amendments Act of 2000) by striking ``the Secretary shall''; and (2) in section 304(a)(2)(E) (as amended by section 6(b) of the National Marine Sanctuaries Amendments Act of 2000) by striking ``findings'' and inserting ``determinations''. (c) Effective Date.--This section shall take effect immediately after the National Marine Sanctuaries Amendments Act of 2000 takes effect. SEC. 206. WESTERN PACIFIC PROJECT GRANTS. Section 111(b)(1) of the Sustainable Fisheries Act (16 U.S.C. 155 note) is amended by striking the last sentence and inserting ``There are authorized to be appropriated to carry out this section $500,000 for each fiscal year.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: (Sec. 102) Requires the Secretaries of Commerce and the Interior to: (1) conduct a study to determine if the distribution of year classes in the Atlantic striped bass population is appropriate for maintaining adequate recruitment and sustainable fishing opportunities; and (2) report results to specified congressional committees along with a long-term plan to ensure a balanced and healthy population structure of Atlantic striped bass. Authorizes appropriations. Subtitle B: Atlantic Coastal Fisheries Cooperative Management - Atlantic Coastal Fisheries Act of 2000 - Amends the Atlantic Coastal Fisheries Cooperative Management Act to extend the authorization of appropriations to carry out such Act through FY 2005. Authorizes amounts to be used to support the Atlantic States Marine Fisheries Commission's cooperative statistics program. Title II: John H. Prescott Marine Mammal Rescue Assistance Grant Program - Marine Mammal Rescue Assistance Act of 2000 - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program to provide assistance to eligible stranding network participants for: (1) marine mammal recovery and treatment; (2) data collection from living or dead marine mammals; and (3) facilities operation. Caps grants at $100,000. Require s a 25 percent non-Federal matching amount, which may be in-kind contributions. Authorizes FY 2001 through 2003 appropriations. (Sec. 203) Requires the Secretary to study environmental and biological factors responsible for the significant increase in mortality events of the eastern gray whale population and other potential impacts these factors may be having on such population. Authorizes appropriations. (Sec. 204) Authorizes the Secretary to convey a retired National Oceanic and Atmospheric Administration fishery research vessel to the Government of American Samoa. (Sec. 205) Amends the National Marine Sanctuaries Act to revise sanctuary designation standards. (Sec. 206) Amends the Sustainable Fisheries Act to authorize appropriations for each fiscal year for grants to carry out Western Pacific fishery demonstration projects to promote traditional indigenous fishing practices.


SECTION 1. OWNERSHIP. (a) Repeal of Ownership Based on Aboriginal Lands.--Paragraph (2) of section 3(a) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(a)(2)) is amended-- (1) by inserting ``or'' at the end of subparagraph (A); (2) by striking ``; or'' at the end of subparagraph (B) and inserting a period; and (3) by striking subparagraph (C). (b) Inadvertent Discovery.--Subsection (d) of section 3 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002) is amended-- (1) in paragraph (1), by inserting ``those'' before ``Federal lands''; and (2) in paragraph (2), by adding at the end the following new sentence: ``Any person or entity that disposes of or controls a cultural item referred to in the preceding sentence shall comply with the applicable requirements of subsection (c).''. (c) Recording and Status of Items Excavated or Discovered After November 16, 1990.--Section 3 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002) is amended by adding at the end the following new subsection: ``(f) Recording and Status of Items Excavated or Discovered After November 16, 1990.--Cultural items excavated or discovered on Federal lands after November 16, 1990, except those items whose ownership or control is established under paragraph (1) or paragraph (2)(A) of subsection (a)-- ``(1) shall be reasonably recorded according to generally accepted scientific standards; ``(2) shall remain under the control of the agency having primary management authority for the land on which the cultural item was excavated or discovered until 90 days after the publication in the Federal Register of a notice setting out a general description of the item, its estimated age, and the general area of discovery; and ``(3) are subject to the study provisions of subsection 7(b).''. SEC. 2. LIMITED AUTHORIZATION FOR STUDY. The last sentence of section 5(b)(2) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3003(b)(2)) is amended by inserting ``, except as expressly set forth in sections 3(f) and 7(b),'' after ``mean, and''. SEC. 3. STUDY AND RECORDING. Subsection (b) of section 7 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3005) is amended to read as follows: ``(b) Study and Recording.--(1) In cases of human remains and associated funerary objects for which no lineal descendants have been identified and in cases of all other cultural items: ``(A) If the cultural affiliation of a cultural item has not been established, studies may be conducted in an attempt to establish such an affiliation or to obtain scientific, historical, or cultural information. If the cultural affiliation of a cultural item is determined pursuant to this subparagraph, the Federal agency or museum having custody of the cultural item shall, not later than 90 days after such determination, notify any culturally affiliated Indian tribe or Native Hawaiian organization of their affiliation. Such notice shall be given in the manner specified in paragraphs (2) and (3) of section 5(d). ``(B) If the cultural affiliation of a cultural item has been established with an Indian tribe or Native Hawaiian organization, studies of such item may be conducted if needed for the completion of a specific scientific study, the outcome of which is reasonably expected to provide significant new information concerning the history or prehistory of the United States. If the culturally affiliated tribe or organization requests the return of the cultural item, the Federal agency or museum shall return such item to the Indian tribe or Native Hawaiian organization not later than 90 days after the date on which the scientific study is completed. Study of a cultural item under this subparagraph shall not be permitted to delay return of the item for more than 180 days after the item is made available for study, unless a longer period of study is agreed upon by the culturally affiliated tribe or organization that has requested return of the cultural item. ``(2) Not later than 180 days after a study conducted under this subsection is completed, the Federal agency or museum with custody of the cultural item shall provide a report of the results of the study to any Indian tribe or Native Hawaiian organization that has an established cultural affiliation with the cultural item studied. ``(3) If study of a cultural item pursuant to subparagraph (A) or (B) of paragraph (1) is requested, the Federal agency or museum with custody of such item shall make such item reasonably available for such study unless, not later than 90 days after the request for the study is made, the Secretary determines that the Federal agency or museum has reasonably established that the potential scientific benefit of the requested study is outweighed under the circumstances by curatorial, cultural, or other reasonable considerations. ``(4) Nothing in this subsection shall be construed to require any museum to undertake or permit any study of a cultural item that is contrary to policies of the museum or to its prior agreements.''.

Summary: Amends the Native American Graves Protection and Repatriation Act to repeal a provision regarding the granting of ownership or control of Native American cultural items which are excavated or discovered on Federal or tribal lands after November 16, 1990, and for which a cultural affiliation is not readily ascertainable. Directs that such items excavated or discovered on Federal lands: (1) be reasonably recorded according to generally accepted scientific standards; (2) remain under the control of the agency having primary management authority for the land on which the item was excavated or discovered until 90 days after the publication in the Federal Register of a notice setting out a general description of the item, its estimated age, and the general area of discovery; and (3) be subject to the following study provisions. Revises study and recording provisions to provide that, in cases of human remains and associated funerary objects for which no lineal descendants have been identified and in cases of other cultural items, if the cultural affiliation of a cultural item has: (1) not been established, studies may be conducted in an attempt to establish such an affiliation or to obtain scientific, historical, or cultural information; and (2) been established with an Indian tribe or Native Hawaiian organization, studies of such item may be conducted if needed for the completion of a specific study, the outcome of which is reasonably expected to provide significant new information concerning the history or prehistory of the United States. Requires the Federal agency or museum with custody of the cultural item to: (1) return an item to the affiliated tribe or organization, upon request, within 90 days after the study is completed; and (2) provide a report of the results to such tribe or organization within 180 days after the study is completed. Provides that if a study of a specified cultural item is requested, the Federal agency or museum with custody of such item must make such item reasonably available for such study unless, within 90 days after the request for the study is made, the Secretary determines that the agency or museum has reasonably established that the potential scientific benefit of the requested study is outweighed by curatorial, cultural, or other reasonable considerations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Accountability of Failed Exchanges Act''. SEC. 2. STATES AWARDED EXCHANGE ESTABLISHMENT GRANTS THAT TERMINATE STATE OPERATION OF SUCH AN EXCHANGE REQUIRED TO PROVIDE AUDITS OF THE USE OF GRANT FUNDS AND RETURN FUNDS TO THE FEDERAL GOVERNMENT. (a) In General.--Section 1311(a) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(a)) is amended by adding at the end the following new paragraph: ``(6) Treatment in case of exchange termination.-- ``(A) In general.--In the case of a State that is awarded a grant under this section to establish an Exchange and that terminates the operation of such Exchange or otherwise transfers the operation of such Exchange to an entity other than such State-- ``(i) not later than 30 days after the date of such termination or transfer (or, in the case of such a termination or transfer that occurred before the date of the enactment of this paragraph, not later than 30 days after such date of enactment), the State shall submit to Congress and the Secretary a report containing the results of an audit of how amounts awarded to such State pursuant to such grant were used; and ``(ii) not later than 30 days after the date of such termination or transfer (or, in the case of such a termination or transfer that occurred before the date of the enactment of this paragraph, not later than 30 days after such date of enactment)-- ``(I) in accordance with subparagraph (B), there are rescinded any unobligated amounts awarded to such State pursuant to such grant; and ``(II) in accordance with subparagraph (C), the State shall provide to the Administrator of General Services any property acquired by such State with amounts awarded to such State pursuant to such grant and shall submit to Congress and the Secretary a record of the provision of such property to the Administrator. ``(B) Retention of funds for deficit reduction.-- Funds rescinded under subparagraph (A)(ii)(I) shall be retained in the general fund of the Treasury for Federal budget deficit reduction. ``(C) Treatment of property.--The Administrator of General Services may-- ``(i) dispose of any property obtained pursuant to subparagraph (A)(ii)(II) through a public auction for cash and for not less than the fair market value of the property, as determined by the Administrator; ``(ii) provide to any Federal agency such property for official use by such agency; or ``(iii) lease or hire such property, and may insure such property. ``(D) Exemption from certain property disposal requirements.--Any disposal of property conducted under subparagraph (C)(i) shall not be subject to-- ``(i) subchapter IV of chapter 5 of subtitle I of title 40, United States Code; ``(ii) sections 550 and 553 of title 40, United States Code; ``(iii) section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411); ``(iv) any other provision of law authorizing the no-cost conveyance of property owned by the Federal Government; or ``(v) any congressional notification requirement other than that in section 545 of title 40, United States Code. ``(E) Income from property.--The Administrator shall deposit any income from the disposition, lease, or hire of the property obtained pursuant to subparagraph (A)(ii)(II) in the general fund of the Treasury for Federal budget deficit reduction.''. (b) Application of the False Claims Act.--Section 1313(a)(6)(A) of the Patient Protection and Affordable Care Act (42 U.S.C. 18033(a)(6)(A)) is amended by adding at the end the following: ``Further, except as otherwise provided for expressly under this Act, the False Claims Act preempts any State enforcement action of alleged fraud, waste, and abuse of funds issued pursuant to this Act. States that terminate or transfer their exchange will refer all current and future matters involving fraud, waste, and abuse of funds issued pursuant to this Act to the United States Department of Justice. Any current or future enforcement action shall be removed to or brought in Federal court. All fines, penalties, damages, or awards, monetary or otherwise, arising out of any current or future enforcement action, represent Federal funds that shall be returned to the United States.''. (c) Enforcement Action.--The Attorney General may bring an action before the appropriate district court of the United States to enforce section 1311(a)(6) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(a)(6)). (d) Effective Date.--The provisions of this section, including the amendment made by subsection (a), shall apply with respect to grants made before, on, or after the date of the enactment of this Act and to terminations and transfers of Exchanges occurring before, on, or after such date.

Summary: Transparency and Accountability of Failed Exchanges Act This bill amends the Patient Protection and Affordable Care Act (PPACA) to require the Department of Health and Human Services, for certain states awarded a grant to establish a health insurance exchange, to report on how awarded amounts were used and rescind unobligated amounts. This applies to any state that terminates operation of its exchange or transfers operation to another entity. Such a state must provide to the General Services Administration any property acquired through the grant and refer matters involving fraud, waste, and abuse of funds issued pursuant to PPACA to the Department of Justice. Funds rescinded must be retained for federal budget deficit reduction.