SECTION 1. RURAL AND MOUNTAINOUS ADVISORY COUNCIL. (a) Establishment.--Subject to the availability of appropriations, not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall establish in the National Highway Traffic Safety Administration a Rural and Mountainous Advisory Council (hereinafter referred to as the ``Council''). (b) Membership.--Members of the Council shall include a diverse group representative of business, academia and independent researchers, State and local authorities, safety and consumer advocates, engineers, labor organizations, environmental experts, a representative of the National Highway Traffic Safety Administration, and other members determined to be appropriate by the Secretary. The Council shall be composed of not less than 15 and not more than 30 members appointed by the Secretary. (c) Terms.--Members of the Council shall be appointed by the Secretary of Transportation and shall serve for a term of three years. (d) Vacancies.--Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the Council. (e) Duties.--The Council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to the Secretary regarding the testing and deployment of highly automated vehicles and automated driving systems in areas that are rural, remote, mountainous, insular, or unmapped to evaluate operational limitations caused by natural geographical or man-made features, or adverse weather conditions, and to enhance the safety and reliability of highly automated vehicles and automated driving systems used in such areas with such features or conditions. (f) Report to Congress.--The recommendations of the Council shall also be reported to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (g) Federal Advisory Committee Act.--The establishment and operation of the Council shall conform to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.). (h) Technical Assistance.--On request of the Council, the Secretary shall provide such technical assistance to the Council as the Secretary determines to be necessary to carry out the Council's duties. (i) Detail of Federal Employees.--On the request of the Council, the Secretary may detail, with or without reimbursement, any of the personnel of the Department of Transportation to the Council to assist the Council in carrying out its duties. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (j) Payment and Expenses.--Members of the Council shall serve without pay, except travel and per diem will be paid each member for meetings called by the Secretary. (k) Termination.--The Council shall terminate 6 years after the date of enactment of this Act. (l) Definitions.-- (1) In general.--In this section-- (A) the term ``automated driving system'' means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain; (B) the term ``dynamic driving task'' means all of the real time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, and including-- (i) lateral vehicle motion control via steering; (ii) longitudinal vehicle motion control via acceleration and deceleration; (iii) monitoring the driving environment via object and event detection, recognition, classification, and response preparation; (iv) object and event response execution; (v) maneuver planning; and (vi) enhancing conspicuity via lighting, signaling, and gesturing; (C) the term ``highly automated vehicle''-- (i) means a motor vehicle equipped with an automated driving system; and (ii) does not include a commercial motor vehicle (as defined in section 31101 of title 49, United States Code); and (D) the term ``operational design domain'' means the specific conditions under which a given driving automation system or feature thereof is designed to function. (2) Revisions to certain definitions.-- (A) If SAE International (or its successor organization) revises the definition of any of the terms defined in subparagraph (A), (B), or (D) of paragraph (1) in Recommended Practice Report J3016, it shall notify the Secretary of the revision. The Secretary shall publish a notice in the Federal Register to inform the public of the new definition unless, within 90 days after receiving notice of the new definition and after opening a period for public comment on the new definition, the Secretary notifies SAE International (or its successor organization) that the Secretary has determined that the new definition does not meet the need for motor vehicle safety, or is otherwise inconsistent with the purposes of chapter 301 of title 49, United States Code. If the Secretary so notifies SAE International (or its successor organization), the existing definition in paragraph (1) shall remain in effect. (B) If the Secretary does not reject a definition revised by SAE International (or its successor organization) as described in subparagraph (A), the Secretary shall promptly make any conforming amendments to the regulations and standards of the Secretary that are necessary. The revised definition shall apply for purposes of this section. The requirements of section 553 of title 5, United States Code, shall not apply to the making of any such conforming amendments. (C) Pursuant to section 553 of title 5, United States Code, the Secretary may update any of the definitions in subparagraph (A), (B), or (D) of paragraph (1) if the Secretary determines that materially changed circumstances regarding highly automated vehicles have impacted motor vehicle safety such that the definitions need to be updated to reflect such circumstances.

Summary: This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration a Rural and Mountainous Advisory Council. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding the testing and deployment of highly automated vehicles and automated driving systems in rural, remote, mountainous, insular, or unmapped areas to evaluate operational limitations caused by natural geographical or man-made features or adverse weather conditions and to enhance the safety and reliability of such vehicles and systems in such areas or conditions. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An "automated driving system" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Restoration Tax Credit Act of 2005''. SEC. 2. CREDIT FOR EXPENSES INCURRED IN RESTORING AND PROTECTING COASTAL LANDS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR EXPENSES INCURRED IN RESTORING AND PROTECTING COASTAL LANDS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified expenditures of the taxpayer for the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) for a taxable year shall not exceed $2,000,000. ``(2) Limitation based on amount of tax.--The credit allowed under subsection (a) for the taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under subpart A and sections 27 and 30A for the taxable year. ``(c) Qualified Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified expenditures' means amounts paid or incurred by the taxpayer for an approved project. ``(2) Approved project.--The term `approved project' means any project approved by the Natural Resources Conservation Service to restore or protect coastal lands located in the United States. ``(d) Carryovers Allowed.-- ``(1) In general.--If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (c) for such taxable year (referred to as the `unused credit year' in this paragraph), such excess shall be allowed as a credit carryforward for each of the taxable years following the unused credit year or as a credit carryback for each of the taxable years preceeding the unused credit year. ``(2) Rules.--For purposes of paragraph (1), rules similar to the rules of section 39 shall apply, except that-- ``(A) subsection (a)(1) shall be applied-- ``(i) by substituting `3 taxable years' for `1 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `5 taxable years' for `20 taxable years' in subparagraph (B) thereof, and ``(B) subsection (a)(2) shall be applied-- ``(i) by substituting `8 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `7 taxable years' for `20 taxable years' in subparagraph (B). ``(e) Special Rules.-- ``(1) Basis reduction.--The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit (determined without regard to subsection (b)(2)). ``(2) No double benefit.--The amount of any deduction or credit allowable under this chapter (other than the credit allowable under subsection (a)), shall be reduced by the amount of credit allowed under subsection (a) (determined without regard to subsection (b)(2)) for the taxable year. ``(3) Reduction for assistance.--The amount taken into account under subsection (a) with respect to any project shall be reduced by the amount of any Federal, State, or local grant or other assistance received by the taxpayer during such taxable year or any prior taxable year which was used to make qualified expenditures and which was not included in the gross income of such taxpayer.''. (b) Basis Adjustment.--Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``, and'', and by adding at the end the following new paragraph: ``(32) to the extent provided in section 30B(e)(1).''. (c) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: ``Sec. 30B. Credit for expenses incurred in restoring and protecting coastal lands.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004.

Summary: Coastal Restoration Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for expenditures related to any project approved by the Natural Resources Conservation Service to restore or protect coastal lands in the United States.


SECTION 1. SHORT TITLE; AMENDMENT OF NATIONAL DAM SAFETY PROGRAM ACT. (a) Short Title.--This Act may be cited as the ``Dam Safety and Security Act of 2002''. (b) Amendment of National Dam Safety Program Act.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the National Dam Safety Program Act (33 U.S.C. 467 et seq.). SEC. 2. INTERAGENCY COMMITTEE ON DAM SAFETY. Section 7(b) (33 U.S.C. 467e(b)) is amended-- (1) by striking ``Federal and State programs'' and inserting ``Federal programs''; and (2) by striking ``through--'' and all that follows through the period at the end and inserting ``through coordination and information exchange among Federal agencies concerning implementation of the Federal Guidelines for Dam Safety.''. SEC. 3. NATIONAL DAM SAFETY PROGRAM. (a) In General.--Section 8(a)(3) (33 U.S.C. 467f(a)(3)) is amended-- (1) in subparagraph (B) by striking ``implementation plan described in subsection (e)'' and inserting ``strategic plan described in subsection (b)''; and (2) in subparagraph (C) by striking ``subsection (f)'' and inserting ``subsection (e)''. (b) Duties.--Section 8(b) (33 U.S.C. 467f(b)) is amended to read as follows: ``(b) Duties.--The Director shall prepare a strategic plan-- ``(1) to establish goals, priorities, and target dates to improve the safety of dams in the United States; and ``(2) to the extent feasible, to establish cooperation and coordination with, and assistance to, interested governmental entities in all States.''. (c) Objectives.--Section 8(c) (33 U.S.C. 467f(c)) is amended-- (1) in paragraph (5) by striking ``and'' at the end; (2) in paragraph (6) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(7) develop technical assistance materials, seminars, and guidelines to improve security for dams in the United States.''. (d) Functional Activities.--Section 8(d)(3)(A) (33 U.S.C. 467f(d)(3)(A)) is amended by striking ``and shall be'' and all that follows through the period at the end and inserting ``and shall be exercised by chairing the Board to coordinate national efforts to improve the safety of the dams in the United States.''. (e) Implementation Plan; Dam Safety Training.-- (1) In general.--Section 8 (33 U.S.C. 467f) is amended by striking subsections (e) and (g) and redesignating subsections (f) and (h) as subsections (e) and (f), respectively. (2) Conforming amendments.--Section 2 (33 U.S.C. 467) is amended-- (A) in paragraph (1) by striking ``section 8(h)'' and inserting ``section 8(f)''; and (B) in paragraph (12) by striking ``section 8(f)'' and inserting ``section 8(e)''. (f) Assistance for State Dam Safety Programs.--Section 8(e) (as redesignated by subsection (e) of this section) is amended-- (1) in paragraph (1) by striking ``the Director shall provide assistance'' and all that follows through the period at the end and inserting ``the Director shall provide assistance with amounts made available under section 13 to assist States in establishing, maintaining, and improving dam safety programs in accordance with the criteria specified in paragraph (2).''; (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A)-- (i) by striking ``primary''; and (ii) by striking ``, and for a State to be eligible'' and all that follows before the colon; (B) in subparagraph (A)-- (i) in the matter preceding clause (i) by striking ``For a State to be eligible for assistance under this subsection, a State'' and inserting ``A State''; and (ii) in clause (vi) by inserting ``improve security,'' before ``revise operating procedures,''; and (3) in paragraph (3) by striking ``contract'' each place it appears and inserting ``agreement''. (g) Board.-- (1) Establishment.--Section 8(f)(1) (as redesignated by subsection (e) of this section) is amended-- (A) by striking ``The Director may establish'' and inserting ``The Director shall establish''; and (B) by striking ``to monitor'' and all that follows through the period at the end and inserting ``to monitor the safety of dams in the United States, to monitor State implementation of this section, and to advise the Director on national dam safety policy.''. (2) Voting membership.--Section 8(f)(3) (as redesignated by subsection (e) of this section) is amended-- (A) in the paragraph heading by striking ``Membership'' and inserting ``Voting membership''; (B) in the matter preceding subparagraph (A) by striking ``11 members'' and inserting ``11 voting members''; and (C) by striking subparagraphs (F) and (G) and inserting the following: ``(F) 5 members shall be selected by the Director from among State dam safety officials; and ``(G) 1 member shall be selected by the Director to represent the private sector.''. (3) Nonvoting membership; duties; work groups.--Section 8(f) (as redesignated by subsection (e) of this section) is amended-- (A) by redesignating paragraphs (4), (5), and (6) as paragraphs (7), (8), and (9), respectively; and (B) by inserting after paragraph (3) the following: ``(4) Nonvoting membership.--The Director, in consultation with the Board, may invite a representative of the National Laboratories of the Department of Energy and may invite representatives from Federal or State agencies or dam safety experts, as needed, to participate in meetings of the Board. ``(5) Duties.-- ``(A) In general.--The Board shall encourage the establishment and maintenance of effective programs, policies, and guidelines to enhance dam safety for the protection of human life and property throughout the United States. ``(B) Coordination and information exchange among agencies.--In carrying out subparagraph (A), the Board shall encourage coordination and information exchange among Federal and State dam safety agencies that share common problems and responsibilities for dam safety, including planning, design, construction, operation, emergency action planning, inspections, maintenance, regulation or licensing, technical or financial assistance, research, and data management. ``(6) Work groups.--The Director may establish work groups under the Board to assist the Board in accomplishing its goals. The work groups shall consist of members of the Board and other individuals selected by the Director.''. (4) Travel expenses.--Section 8(f) (as redesignated by subsection (e) of this section) is amended by striking paragraph (8) (as redesignated by paragraph (3)(A) of this subsection) and inserting the following: ``(8) Travel expenses.-- ``(A) Representatives of federal agencies.--To the extent amounts are madeavailable in advance in appropriations Acts, each member of the Board who represents a Federal agency shall be reimbursed of appropriations for travel expenses by his or her agency, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of services for the Board. ``(B) Other individuals.--To the extent amounts are made available in advance in appropriations Acts, each member of the Board who represents a State agency, the member of the Board who represents the private sector, and each member of a work group created under paragraph (1) shall be reimbursed for travel expenses by FEMA, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from home or regular place of business of the member in performance of services for the Board.''. SEC. 4. RESEARCH. Section 9(a) (33 U.S.C. 467g) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``in cooperation with ICODS'' and inserting ``in cooperation with the Board''; and (B) by inserting ``and support'' after ``develop''; (2) in paragraph (1) by striking ``and'' at the end; (3) in paragraph (2) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ``(3) development and maintenance of information resources systems needed to support managing the safety of dams; and ``(4) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management.''. SEC. 5. DAM SAFETY TRAINING. The Act (33 U.S.C. 467 et seq.) is amended-- (1) by redesignating sections 10, 11, and 12 as sections 11, 12, and 13, respectively; and (2) by inserting after section 9 the following: ``SEC. 10. DAM SAFETY TRAINING. ``At the request of any State that has or intends to develop a State dam safety program, the Director shall provide training for State dam safety staff and inspectors.''. SEC. 6. REPORTS. Section 11 (as redesignated by section 5 of this Act) is amended by striking subsection (a) and all that follows through ``(b) Biennial Reports.--''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Annual Amounts.--Section 13(a)(1) (as redesignated by section 5 of this Act) is amended-- (1) by striking ``sections 7, 8, and 10'' and inserting ``sections 7, 8, and 11''; and (2) by striking ``$1,000,000 for fiscal year 1998,'' and all that follows through the period at the end and inserting ``$6,000,000 for each of fiscal years 2003 through 2006, to remain available until expended.''. (b) Allocation.--Section 13(a)(2) (as redesignated by section 5 of this Act) is amended-- (1) in subparagraph (A) by striking ``section 8(f)'' each place it appears and inserting ``section 8(e)''; and (2) in subparagraph (C) by striking ``needing primary assistance and States needing advanced assistance under section 8(f)''. (c) Research; Dam Safety Training; Staff.--Section 13 (as redesignated by section 5 of this Act) is amended by striking subsections (c) through (e) and inserting the following: ``(c) Research.--There is authorized to be appropriated to carry out section 9 $1,500,000 for each of fiscal years 2003 through 2006, to remain until expended. ``(d) Dam Safety Training.--There is authorized to be appropriated to carry out section 10 $500,000 for each of fiscal years 2003 through 2006. ``(e) Staff.--There is authorized to be appropriated to FEMA for the employment of such additional staff personnel as are necessary to carry out sections 8 through 10 $600,000 for each of fiscal years 2003 through 2006.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Dam Safety and Security Act of 2002 - Amends the National Dam Safety Program Act to direct the Interagency Committee on Dam Safety to encourage the establishment and maintenance of effective Federal (currently, Federal and State) programs, policies, and guidelines intended to enhance dam safety.(Sec. 3) Requires the Director of the Federal Emergency Management Agency to prepare a strategic plan to establish: (1) goals, priorities, and target dates to improve dam safety; and (2) cooperation and coordination with, and assistance to, interested State governmental entities.Requires the Director to: (1) provide assistance to assist States in establishing, maintaining, and improving dam safety programs; and (2) establish the National Dam Safety Review Board to monitor State implementation (authorized under current law), to monitor the safety of dams in the United States, and to advise the Director on national dam safety policy. Provides for participation of representatives from Federal or State agencies or dam safety experts as nonvoting members in Board meetings.(Sec. 4) Requires technical and archival research to support: (1) development and maintenance of information resources systems needed to support managing dam safety; and (2) initiatives to guide the formulation of effective public policy and advance improvements in dam safety engineering, security, and management.(Sec. 5) Requires the Director, at the request of any State that has or intends to develop a State dam safety program, to provide training for State dam safety staff and inspectors.(Sec. 7) Increases and extends through FY 2006 the authorization of appropriations for the national dam safety program, national dam research, and dam safety training and staffing requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Central American Security Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS FROM EL SALVADOR, GUATEMALA, AND HONDURAS. Section 202 of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note) is amended-- (1) in the section heading, by striking ``nicaraguans and cubans'' and inserting ``nicaraguans, cubans, salvadorans, guatemalans, and hondurans''; (2) in subsection (a)(1)(A), by striking ``April 1, 2000'' and inserting ``two years after the promulgation of a final rule implementing the Central American Security Act''; (3) in subsection (b)(1), by striking ``Nicaragua or Cuba'' and inserting ``Nicaragua, Cuba, El Salvador, Guatemala, or Honduras''; and (4) in subsection (d)(1)(E), by striking ``April 1, 2000'' and inserting ``two years after the promulgation of a final rule implementing the Central American Security Act''. SEC. 3. APPLICATIONS PENDING UNDER AMENDMENTS MADE BY SECTION 203 OF THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT. An application for relief properly filed by a national of Guatemala or El Salvador under the amendments made by section 203 of the Nicaraguan Adjustment and Central American Relief Act which was filed on or before the date of the enactment of this Act, and on which a final administrative determination has not been made, shall, at the election of the applicant, be considered to be an application for adjustment of status under the provisions of section 202 of the Nicaraguan Adjustment and Central American Relief Act, as amended by this Act, upon the payment of any fees, and in accordance with procedures, that the Attorney General shall prescribe by regulation. The Attorney General may not refund any fees paid in connection with an application filed by a national of Guatemala or El Salvador under the amendments made by section 203 of that Act. SEC. 4. TECHNICAL AMENDMENTS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL AMERICAN RELIEF ACT. (a) In General.--Section 202 of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note) is amended-- (1) in subsection (a)-- (A) by inserting before the period at the end of paragraph (1)(B) the following: ``, and the Attorney General may waive the grounds of inadmissibility specified in subparagraphs (A)(i) and (6)(C) of section 212(a)(1) of such Act for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest''; and (B) by amending paragraph (3) to read as follows: ``(3) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. Such an alien may be required to seek a stay of such an order in accordance with subsection (c) to prevent the execution of the order pending the adjudication of the application for adjustment of status. If the Attorney General denies a stay of a final order of exclusion, deportation, or removal, or if the Attorney General renders a final administrative determination to deny the application for adjustment of status, the order shall be effective and enforceable to the same extent as if the application had not been made. If the Attorney General grants the application for adjustment of status, the Attorney General shall cancel the order.''; (2) in subsection (b)(1), by adding at the end the following: ``Subsection (a) shall not apply to an alien lawfully admitted for permanent residence, unless the alien is applying for relief under that subsection in deportation or removal proceedings.''; (3) in subsection (c)(1), by adding at the end the following: ``Nothing in this section requires the Attorney General to stay the removal of an alien who is ineligible for adjustment of status under this section.''; (4) in subsection (d)-- (A) by amending the subsection heading to read as follows: ``(d) Spouses, Children, and Unmarried Sons and Daughters.--''; (B) by amending the heading of paragraph (1) to read as follows: ``(1) Adjustment of status.--''; (C) by amending paragraph (1)(A) to read as follows: ``(A) the alien entered the United States on or before the date of the enactment of the Central American Security Act;''; (D) by amending paragraph (1)(B) to read as follows: ``(B) the alien-- ``(i) is the spouse, child, or unmarried son or daughter of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a) or pursuant to the amendments made by section 203, except that-- ``(I) any determination of whether the alien satisfies the age requirement in the matter preceding subparagraph (A) of section 101(b)(1) shall be made using the age of the alien on the date on which the principal alien filed for adjustment under subsection (a) or pursuant to the amendments made by section 203; ``(II) in the case of such a spouse, stepchild, or unmarried stepson or stepdaughter, the spouse, stepchild, stepson, or stepdaughter shall be required to establish that the qualifying marriage was entered into before the date of the enactment of the Central American Security Act; and ``(III) in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that the son or daughter has been physically present in the United States for a continuous period beginning not later than December 1, 1995, and ending not earlier than the date on which the application for adjustment under this subsection is filed; or ``(ii) was, at the time at which a principal alien filed for adjustment under subsection (a) or pursuant to the amendments made by section 203, the spouse or child of such principal alien, the status of such principal alien is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a) or pursuant to the amendments made by section 203, and the spouse, child, or child of the spouse has been battered or subjected to extreme cruelty by such principal alien;''; and (E) by adding at the end the following new paragraph: ``(3) Eligibility of certain spouses and children for issuance of immigrant visas.-- ``(A) In general.--In accordance with regulations to be promulgated by the Attorney General and the Secretary of State, upon approval of an application for adjustment of status to that of an alien lawfully admitted for permanent residence under subsection (a) or pursuant to the amendments made by section 203, an alien who is the spouse or child of the alien being granted such status may be issued a visa for admission to the United States as an immigrant following to join the principal applicant, if the spouse or child-- ``(i) satisfies the requirements in paragraphs (1)(B) and (1)(D); and ``(ii) applies for such a visa within a time period to be established by such regulations. ``(B) Retention of fees for processing applications.--The Secretary of State may retain fees to recover the cost of immigrant visa application processing and issuance for certain spouses and children of aliens whose applications for adjustment of status under subsection (a) have been approved. Such fees-- ``(i) shall be deposited as an offsetting collection to any Department of State appropriation to recover the cost of such processing and issuance; and ``(ii) shall be available until expended for the same purposes of such appropriation to support consular activities.''; (5) in subsection (g), by inserting ``, or an immigrant classification,'' after ``for permanent residence''; and (6) by adding at the end the following new subsection: ``(i) Statutory Construction.--Nothing in this section authorizes any alien to apply for admission to, be admitted to, be paroled into, or otherwise lawfully return to the United States, to apply for, or to pursue an application for adjustment of status under this section without the express authorization of the Attorney General.''. (b) Effective Date.--The amendments made by paragraphs (1)(B), (2), and (6) shall be effective as if included in the enactment of the Nicaraguan Adjustment and Central American Relief Act. The amendments made by paragraphs (1)(A), (3), (4), and (5) shall take effect on the date of the enactment of this Act. SEC. 5. SECURITY AND CRIMINAL BACKGROUND INVESTIGATIONS. Notwithstanding any other provision of law, no applicant for relief under this Act, or the amendments made by this Act, is eligible to receive a waiver from any security or criminal background investigation required to process an application under section 202 of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1255 note). All applicants seeking relief under this Act, or the amendments made by this Act, shall submit fingerprints to the appropriate government agency in order to facilitate such processing. SEC. 6. MOTIONS TO REOPEN. Notwithstanding any time and number limitations imposed by law on motions to reopen, a national of Cuba or Nicaragua who, on the date of the enactment of the Act, has a final administrative denial of an application for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act, and who is made eligible for adjustment of status under that Act by the amendments made by this Act, may file one motion to reopen an exclusion, deportation, or removal proceeding to have the application reconsidered. Any such motion shall be filed within 180 days of the date of the enactment of this Act. The scope of any proceeding reopened on this basis shall be limited to a determination of the alien's eligibility for adjustment of status under the Nicaraguan Adjustment and Central American Relief Act.

Summary: Central American Security Act - Amends the Nicaraguan Adjustment and Central American Relief Act to: (1) extend permanent resident status adjustment provisions to qualifying Salvadoran, Guatemalan, and Honduran nationals; and (2) revise the application filing deadline.Permits certain pending applications filed by Salvadoran or Guatemalan nationals to be converted to an application for status adjustment under the Act.Amends the Act to: (1) authorize the Attorney General to waive certain grounds of inadmissibility; and (2) provide for issuance of immigrant visas to certain spouses and children.States that applicants for relief: (1) shall not be granted a waiver from any security or criminal background investigation required by the Act; and (2) shall submit fingerprints to the appropriate Federal agencies.Provides for the limited reopening of certain orders of deportation, exclusion, or removal by certain Cuban, or Nicaraguan nationals.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Iranian Nuclear Trade Prohibition Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Iran has pursued a nuclear program with assistance from foreign entities and foreign governments. (2) It is important that Iran not seek to develop nuclear weapons under the cover of a civilian nuclear power program. (3) The Government of Iran has asserted that its nuclear program is for peaceful purposes, however, that Government has supported terrorist organizations and uses harsh rhetoric towards allies of the United States in the Middle East, and the United States has expressed great concern with Iran's nuclear ambitions and has worked with United States allies to end Iran's nuclear program. (4) In October 2003, the Government of Iran promised it would suspend uranium enrichment activities, but broke that promise less than a year later. (5) In November 2004, the Government of Iran, in concert with talks with representatives of the Governments of Britain, France, and Germany (the ``EU-3'') agreed to suspend all uranium enrichment and reprocessing activities related to Iran's nuclear program under the terms of the agreement made between the Islamic Republic of Iran and France, Germany and the United Kingdom, with the support of the High Representative of the European Union (the ``Paris Agreement''). (6) The EU-3 agreed to support the United States in taking Iran's nuclear program to the United Nations Security Council if Iran resumed its nuclear activities. (7) In concert with the Paris Agreement, the President announced that the United States will drop its opposition to Iran's application to join the World Trade Organization and permit, on a case-by-case basis, the licensing of spare parts for Iranian commercial aircraft. (8) Iran's uranium enrichment program is likely to be dispersed throughout the country, protected in hardened infrastructure, and highly mobile. (9) The Parliament of Iran passed a nonbinding resolution insisting that the Government of Iran resume developing nuclear fuel. (10) That resolution stated that Iran should develop enough nuclear fuel to generate 20,000 megawatts of electricity. (11) In February 2005, the Atomic Energy Agency of Russia announced that Russia would ship nuclear fuel to Iran's Busheher nuclear reactor. (12) Russia pledged to provide fuel to this facility for 10 years and, under the commitment, Iran has pledged to return spent fuel to Russia for storage. (13) Russia remains the only major nuclear fuel market closed to outside competition and 100 percent of Russia's nuclear fuel industry is owned by the Government of Russia. (14) Iran is the fourth-largest oil producer in the world. (15) Iran has a wealth of natural gas and crude oil reserves and it is estimated that Iran plans to invest $104,000,000,000 by 2015 in natural gas production and that Iran plans to increase crude oil production to 7,000,000 barrels a day by 2020. SEC. 3. SENSE OF CONGRESS ON TRADE RELATIONS WITH STATE SPONSORS OF TERRORISM. It is the sense of Congress that the countries of the world should choose between trading with state sponsors of terrorism or maintaining good trade relations with the United States. SEC. 4. PROHIBITION OF ENTRY OF NUCLEAR FUEL ASSEMBLIES. The Iran and Libya Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by inserting after section 10 the following new section: ``SEC. 10A. PROHIBITION OF ENTRY TO NUCLEAR FUEL ASSEMBLIES TO THE UNITED STATES. ``(a) In General.--Subject to subsection (b), the President shall prohibit the United States, or any entity of the United States, from purchasing nuclear fuel assemblies from any person or government entity, or any entity affiliated with such person or entity, that sells nuclear fuel assemblies to Iran. ``(b) Waiver.--The President may waive the prohibition in subsection (a) if the President-- ``(1) determines that the waiver is in the national security interest of the United States; and ``(2) at least 7 days before the waiver takes effect, notifies the required congressional committees of the President's intention to exercise the waiver. ``(c) Definitions.--In this section: ``(1) Nuclear fuel assemblies.--The term `nuclear fuel assemblies' does not include low-enriched uranium (LEU). For the purpose of the preceding sentence the term `low-enriched uranium' means a product produced using blended down weapons- grade and highly-enriched uranium (HEU) that is provided by the Russian entity Techsnabexport (also known as TENEX) in cooperation with the U.S. Enrichment Corporation, a subsidiary of USEC, Inc. ``(2) Required congressional committees.--The term `required congressional committees' means the Committee on Armed Services, the Committee on Finance, and the Committee on Foreign Relations of the Senate and the Committee on Armed Services, the Committee on International Relations, and the Committee on Ways and Means of the House of Representatives.''.

Summary: Iranian Nuclear Trade Prohibition Act of 2005 - Expresses the sense of Congress that countries should choose between trading with state sponsors of terrorism or maintaining good trade relations with the United States. Amends the Iran and Libya Sanctions Act of 1996 to direct the President to prohibit the United States or any U.S. entity from purchasing nuclear fuel assemblies (not including low-enriched uranium) from any person or government or affiliated entity that sells nuclear fuel assemblies to Iran. Authorizes the President, with congressional notification, to waive such prohibition for national security purposes.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Payment Improvement Act of 2009''. SEC. 2. VALUE INDEX UNDER THE MEDICARE PHYSICIAN FEE SCHEDULE. (a) In General.--Section 1848(e)(5) of the Social Security Act (42 U.S.C. 1395w-4(e)) is amended by adding at the end the following new paragraph: ``(6) Value index.-- ``(A) In general.--The Secretary shall determine a value index for each hospital referral area (as defined by the Secretary). The value index shall be the ratio of the quality component under subparagraph (B) to the cost component under subparagraph (C) for that hospital referral area. ``(B) Quality component.-- ``(i) In general.--The quality component shall be based on a composite score that reflects quality measures available on a State or hospital referral area (as so defined) basis. The measures shall reflect health outcomes and health status for the Medicare population, patient safety, and patient satisfaction. The Secretary shall use the best data available, after consultation with the Agency for Healthcare Research and Quality and with private entities that compile quality data. ``(ii) Advisory group.-- ``(I) In general.--Not later than 60 days after the date of enactment of the Medicare Payment Improvement Act of 2009, the Secretary shall establish a group of experts and stakeholders to make consensus recommendations to the Secretary regarding development of the quality component. The membership of the advisory group shall at least reflect providers, purchasers, health plans, researchers, relevant Federal agencies, and individuals with technical expertise on health care quality. ``(II) Duties.--In the development of recommendations with respect to the quality component, the group established under subclause (I) shall consider at least the following areas: ``(aa) High variation and high cost per capita utilization of resources, including rates of hospitalizations, number of visits and subspecialty referrals, and number of procedures (as determined by data under this title). ``(bb) Health outcomes and functional status of patients. ``(cc) The continuity, management, and coordination of health care and care transitions, including episodes of care, for patients across the continuum of providers, health care settings, and health plans. ``(dd) Patient, caregiver, and authorized representative experience, quality and relevance of information provided to patients, caregivers, and authorized representatives, and use of information by patients, caregivers, and authorized representatives to inform decision making. ``(ee) The safety, effectiveness, and timeliness of care. ``(ff) The appropriate use of health care resources and services. ``(gg) Other items determined appropriate by the Secretary. ``(iii) Requirement.--In establishing the quality component under this subparagraph, the Secretary shall-- ``(I) take into account the recommendations of the group established under clause (ii)(I); and ``(II) provide for an open and transparent process for the activities conducted pursuant to the convening of such group with respect to the development of the quality component. ``(iv) Establishment.--The quality component for each hospital referral area (as so defined) shall be the ratio of the quality score for such area to the national average quality score. ``(v) Quality baseline.--If the quality component for a hospital referral area (as so defined) does not rank in the top 25th percentile as compared to the national average (as determined by the Secretary) and the amount of reimbursement for services under this section is greater than the amount of reimbursement for such services that would have applied under this section if the amendments made by section 2 of the Medicare Payment Improvement Act of 2009 had not been enacted, this section shall be applied as if such amendments had not been enacted. ``(vi) Application.--In the case of a hospital referral area (as so defined) that is less than an entire State, if available quality data is not sufficient to measure quality at the sub-State level, the quality component for a sub-State hospital referral area shall be the quality component for the entire State. ``(C) Cost component.-- ``(i) In general.--The cost component shall be total annual per beneficiary Medicare expenditures under part A and this part for the hospital referral area (as so defined). The Secretary may use total per beneficiary expenditures under such parts in the last two years of life as an alternative measure if the Secretary determines that such measure better takes into account severity differences among hospital referral areas. ``(ii) Establishment.--The cost component for a hospital referral area (as so defined) shall be the ratio of the cost per beneficiary for such area to the national average cost per beneficiary.''. (b) Conforming Amendments.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (1) in subsection (b)(1)(C), by striking ``geographic'' and inserting ``geographic and value''; and (2) in subsection (e)-- (A) in paragraph (1)-- (i) in the heading, by inserting ``and value'' after ``geographic''; (ii) in subparagraph (A), by striking clause (iii) and inserting the following new clause: ``(iii) a value index (as defined in paragraph (6)) applicable to physician work.''; (iii) in subparagraph (C), by inserting ``and value'' after ``geographic'' in the first sentence; (iv) in subparagraph (D), by striking ``physician work effort'' and inserting ``value''; (v) by striking subparagraph (E); and (vi) by striking subparagraph (G); (B) by striking paragraph (2) and inserting the following new paragraph: ``(2) Computation of geographic and value adjustment factor.--For purposes of subsection (b)(1)(C), for all physicians' services for each hospital referral area (as defined by the Secretary) the Secretary shall establish a geographic and value adjustment factor equal to the sum of the geographic cost-of-practice adjustment factor (specified in paragraph (3)), the geographic malpractice adjustment factor (specified in paragraph (4)), and the value adjustment factor (specified in paragraph (5)) for the service and the area.''; and (C) by striking paragraph (5) and inserting the following new paragraph: ``(5) Physician work value adjustment factor.--For purposes of paragraph (2), the `physician work value adjustment factor' for a service for a hospital referral area (as defined by the Secretary), is the product of-- ``(A) the proportion of the total relative value for the service that reflects the relative value units for the work component; and ``(B) the value index score for the area, based on the value index established under paragraph (6).''. (c) Availability of Quality Component Prior to Implementation.--The Secretary of Health and Human Services shall make the quality component described in section 1848(c)(6)(B) of the Social Security Act, as added by subsection (a), for each hospital referral area (as defined by the Secretary) available to the public by not later than July 1, 2011. (d) Effective Date.--Subject to subsection (e), the amendments made by this section shall apply to the Medicare physician fee schedule for 2012 and each subsequent year. (e) Transition.--Notwithstanding the amendments made by the preceding provisions of this section, the Secretary of Health and Human Services shall provide for an appropriate transition to the amendments made by this section. Under such transition, in the case of payments under such fee schedule for services furnished during-- (1) 2012, 25 percent of such payments shall be based on the amount of payment that would have applied to the services if such amendments had not been enacted and 75 percent of such payment shall be based on the amount of payment that would have applied to the services if such amendments had been fully implemented; (2) 2013, 50 percent of such payment shall be based on the amount of payment that would have applied to the services if such amendments had not been enacted and 50 percent of such payment shall be based on the amount of payment that would have applied to the services if such amendments had been fully implemented; and (3) 2014 and subsequent years, 100 percent of such payment shall be based on the amount of payment that is applicable under such amendments.

Summary: Medicare Payment Improvement Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to determine a value index for the physician work component for each Medicare hospital referral area.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Opioid Use Treatment Help Act of 2017'' or the ``YOUTH Act''. SEC. 2. REAUTHORIZATION OF SUBSTANCE ABUSE TREATMENT SERVICES FOR CHILDREN, ADOLESCENTS, AND YOUNG ADULTS. Section 514 of the Public Health Service Act (42 U.S.C. 290bb-7) is amended-- (1) in the section heading, by striking ``children and adolescents'' and inserting ``children, adolescents, and young adults''; (2) in subsection (a)(2), by striking ``children, including'' and inserting ``children, adolescents, and young adults, including''; and (3) by striking ``children and adolescents'' each place it appears and inserting ``children, adolescents, and young adults''. SEC. 3. ACCESS TO MEDICATION-ASSISTED TREATMENT FOR ADOLESCENTS AND YOUNG ADULTS DEMONSTRATION PROGRAM. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality (in this section referred to as the ``Director''), shall award grants to eligible entities to establish demonstration programs to-- (1) expand access to medication-assisted treatment for opioid use disorders among adolescents and young adults; (2) identify and test solutions for overcoming barriers to implementation of medication-assisted treatment for adolescents and young adults; or (3) create and distribute resources on medication-assisted treatment training and implementation for providers of health care to children, adolescents, and young adults. (b) Eligible Entities.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) be a State, political subdivision of a State, Indian tribe, or tribal organization, professional family medicine provider organization, professional pediatric provider organization or other organization representing providers of health care to children, adolescents, and young adults, professional addiction medicine provider organization, hospital, an institution of higher education, or other appropriate public or nonprofit institution; and (2) certify that it is in compliance with all applicable registration and licensing requirements. (c) Application.--To seek a grant under this section, an entity shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (d) Duration.--An eligible entity may receive funds under this section to carry out a demonstration program described in this section for a period of not greater than 3 years. After the first year for which funding is provided to an eligible entity for a demonstration program, funding may be provided under this section for a subsequent year for such program only upon review of such program by the Director and approval by the Director of such subsequent year of funding. (e) Reports.-- (1) By grant recipients.--Each eligible entity awarded a grant under this section for a demonstration program shall submit to the Director progress reports on such demonstration program at such times, in such manner, and containing such information as the Director may require. (2) By director.--Not later than one year after the date on which all demonstration programs funded under this section have been completed, the Director shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report that-- (A) describes the availability of medication- assisted treatment for adolescents and young adults with opioid use disorders in the United States, including barriers to such treatment; (B) describes the specific demonstration programs carried out pursuant to this section; (C) evaluates the effectiveness of such programs; (D) evaluates any unintended consequences of such programs; and (E) provides recommendations for ensuring that medication-assisted treatment is accessible to adolescents and young adults with opioid use disorders. (f) Definitions.--In this section: (1) The phrase ``adolescents and young adults'' means individuals who have attained 10 years of age and not yet attained 26 years of age. (2) The term ``medication-assisted treatment'' means the combination of pharmacological treatments approved by the Food and Drug Administration, and counseling and behavioral therapies, for the treatment of substance use disorders. (3) The term ``opioid use disorder'' means a problematic pattern of opioid use leading to clinically significant impairment or distress occurring within a 12-month period. (4) The term ``pediatric health care provider'' means a provider of health care to individuals who have attained 10 years of age and not yet attained 26 years of age. (5) The term ``professional family medicine provider organization'' means a national organization whose members consist primarily of family medicine providers. (6) The term ``professional pediatric provider organization'' means a national organization whose members consist primarily of pediatric health care providers. (g) Authorization of Appropriations.--There is authorized to be appropriated $5,000,000 to carry out this section.

Summary: Youth Opioid Use Treatment Help Act of 2017 or the YOUTH Act This bill amends the Public Health Service Act to expand the grant program for substance abuse treatment services for children and adolescents to cover young adults. The Agency for Healthcare Research and Quality (AHRQ) must award grants for demonstration programs to: (1) expand access to medication-assisted treatment for opioid use disorders among adolescents and young adults, or (2) create and distribute resources on medication-assisted treatment training and implementation for health care providers of children, adolescents, and young adults. AHRQ must report on the demonstration programs and the availability of medication-assisted treatment for adolescents and young adults. The report must include recommendations for ensuring such treatment is accessible.


SECTION 1. PUBLIC DISCLOSURE OF INFORMATION REGARDING SURVEILLANCE ACTIVITIES UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) Definitions.--In this section: (1) FISA court.--The term ``FISA Court'' means a court established under section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803). (2) Intelligence community.--The term ``intelligence community'' has the meaning given that term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (b) Requirement To Disclose.-- (1) In general.--If a FISA Court issues a decision that determines that surveillance activities conducted by the Government of the United States have violated the laws or Constitution of the United States, the Attorney General shall publicly disclose the decision in a manner consistent with the protection of the national security of the United States. (2) Disclosure described.--For each disclosure required by paragraph (1), the Attorney General shall make available to the public documents sufficient to identify with particularity the statutory or constitutional provision that was determined to have been violated. (3) Documents described.--The Attorney General shall satisfy the disclosure requirements in paragraph (2) by-- (A) releasing a FISA Court decision in its entirety or as redacted; or (B) releasing a summary of a FISA Court decision. (4) Extensive disclosure.--The Attorney General shall release as much information regarding the facts and analysis contained in a decision described in paragraph (1) or documents described in paragraph (3) as is consistent with legitimate national security concerns. (5) Timing of disclosure.--A decision that is required to be disclosed under paragraph (1) shall be disclosed not later than 60 days after the decision is issued. (c) Director of National Intelligence Disclosures to Congress and the Public.-- (1) Requirement for disclosures to congress.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to Congress, in writing, the following information: (A) Whether the National Security Agency or any other element of the intelligence community has ever collected the cell-site location information of a large number of United States persons with no known connection to suspicious activity, or made plans to collect such information. (B) A description of the type and amount of evidence the Director of National Intelligence believes is required to permit the collection of cell-site location information of United States persons for intelligence purposes. (C) Whether the National Security Agency or any other element of the intelligence community has ever conducted a warrantless search of a collection of communications collected under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) in an effort to find the communications of a particular United States person (other than a corporation). (D) If the National Security Agency or any other element of the intelligence community has conducted a search described in subparagraph (C), the number of such searches that have been conducted or an estimate of such number if it is not possible to provide a precise count. (E) A specific description of when the United States Government first began relying on authorities under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) to justify the collection of records pertaining to large numbers of United States persons with no known connection to suspicious activity. (F) Whether representations made to the Supreme Court of the United States by the Department of Justice in the case of Clapper v. Amnesty International USA accurately described the use of authorities under the Foreign Intelligence Surveillance Act of 1978 by the United States Government, and if any representations were inaccurate, which representations were inaccurate and how such representations have been corrected. (G) A listing of FISA Court opinions that identified violations of the law, the Constitution, or FISA Court orders with regard to collection carried out pursuant to section 402, 501, or 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842, 1861, and 1881a) and a description of the violations identified by a FISA Court. (2) Form of disclosures.-- (A) Disclosures to the public.--The written submission required by paragraph (1) shall be made available to the public not later than 15 days after the date it is submitted to Congress. (B) Redactions.--If the Director of National Intelligence believes that public disclosure of information in the written submission required by paragraph (1) could cause significant harm to national security, the Director may redact such information from the version made available to the public. (C) Submission to congress.--If the Director redacts information under subparagraph (B), not later than 30 days after the date the written submission required by paragraph (1) is made available to the public under subparagraph (A), the Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a statement explaining the specific harm to national security that the disclosure of such information could cause. (d) Assessment of Economic Impact of Surveillance Activities.-- (1) Requirement for assessment.--The Comptroller General of the United States, in consultation with the United States International Trade Commission, shall conduct an assessment of the economic impact of bulk collection programs conducted under title IV and title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841 et seq.), as modified by the USA PATRIOT Act (Public Law 107-56; 115 Stat. 272), and of surveillance programs conducted under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), in light of the fact that such programs are now public. (2) Evaluation.--The assessment required by paragraph (1) shall include an evaluation of the impact of these disclosures on United States communication service providers' ability to compete in foreign markets. (3) Submission to congress.--Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress the findings of the assessment required by paragraph (1).

Summary: Requires the Attorney General to publicly disclose, in a manner consistent with national security, any decision of a court established by the Foreign Intelligence Surveillance Act of 1978 (FISA) that surveillance activities conducted by the U.S. government have violated a particular U.S. law or constitutional provision. Requires the Director of National Intelligence (DNI) to provide information on surveillance activities to Congress, including information regarding: (1) whether the National Security Agency (NSA) or any other element of the intelligence community has ever collected, or made plans to collect, the cell-site location information of a large number of U.S. persons with no known connection to suspicious activity; (2) the type and amount of evidence the DNI believes is required to permit the collection of cell-site information for intelligence purposes; (3) whether NSA or any other element of the intelligence community has ever conducted a warrantless search of a collection of communications in an effort to find the communications of a particular U.S. person (other than a corporation) and, if so, the number of such searches or an estimate of such number; (4) when the U.S. government first began relying on authorities under FISA to justify the collection of records with no known connection to suspicious activity; (5) whether representations made to the U.S. Supreme Court by the Department of Justice (DOJ) in the case of Clapper v. Amnesty International USA accurately described the use of authorities under FISA by the government, which of such representations, if any, were inaccurate, and how such representations have been corrected; and (6) FISA court opinions that identified violations of the law, the Constitution, or FISA court orders relating to the collection of information under FISA. Directs the Comptroller General (GAO), in consultation with the U.S. International Trade Commission, to conduct an assessment of the economic impact, including the impact on the ability of U.S. communication service providers to compete in foreign markets, of bulk collection and surveillance programs conducted under FISA, and to report to Congress on such assessment.


SECTION 1. OLYMPIC NATIONAL PARK--QUILEUTE TRIBE. (a) Definitions.--In this section: (1) Map.--The term ``Map'' means the map entitled ``Olympic National Park and Quileute Reservation Boundary Adjustment Map'', numbered 149/80,059, and dated June 2010. (2) Park.--The term ``Park'' means the Olympic National Park, located in the State of Washington. (3) Reservation.--The term ``Reservation'' means the Quileute Indian Reservation, located on the Olympic Peninsula in the State of Washington. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Quileute Indian Tribe in the State of Washington. (b) Findings and Purpose.-- (1) Findings.--Congress finds that-- (A) the Reservation is located on the western coast of the Olympic Peninsula in the State of Washington, bordered by the Pacific Ocean to the west and the Park on the north, south, and east; (B) most of the Reservation village of La Push is located within the coastal flood plain, with the Tribe's administrative buildings, school, elder center, and housing all located in a tsunami zone; (C) for many decades, the Tribe and the Park have had a dispute over the Reservation boundaries along the Quillayute River; (D) in recent years, this dispute has intensified as the Tribe has faced an urgent need for additional lands for housing, schools, and other Tribe purposes outside the tsunami and Quillayute River flood zones; and (E) the lack of a settlement of this dispute threatens to adversely impact the public's existing and future recreational use of several attractions in the Park that are accessed by the public's use of Reservation lands. (2) Purposes.--The purposes of this Act are-- (A) to resolve the longstanding dispute along portions of the northern boundary of the Quileute Indian Reservation; (B) to clarify public use and access to Olympic National Park lands that are contiguous to the Reservation; (C) to provide the Quileute Indian Tribe with approximately 275 acres of land currently located within the Park and approximately 510 acres of land along the Quillayute River, also within the Park; (D) to adjust the wilderness boundaries to provide the Quileute Indian Tribe Tsunami and flood protection; and (E) through the land conveyance, to grant the Tribe access to land outside of tsunami and Quillayute River flood zones, and link existing Reservation land with Tribe land to the east of the Park. (c) Redesignation of Federal Wilderness Land, Olympic National Park Conveyance.-- (1) Redesignation of wilderness.--Certain Federal land in the Park that was designated as part of the Olympic Wilderness under title I of the Washington Park Wilderness Act of 1988 (Public Law 100-668; 102 Stat. 3961; 16 U.S.C. 1132 note) and comprises approximately 222 acres, as generally depicted on the Map is hereby no longer designated as wilderness, and is no longer a component of the National Wilderness Preservation System under the Wilderness Act (16 U.S.C. 1131 et seq.). (2) Lands to be held in trust.--All right, title, and interest of the United States in and to the approximately 510 acres generally depicted on the Map as ``Northern Lands'', and the approximately 275 acres generally depicted on the Map as ``Southern Lands'', are declared to be held in trust by the United States for the benefit of the Tribe without any further action by the Secretary. (3) Boundary adjustment; survey.--The Secretary shall-- (A) adjust the boundaries of Olympic Wilderness and the Park to reflect the change in status of Federal lands under paragraph (2); and (B) as soon as practicable after the date of enactment of this section, conduct a survey, defining the boundaries of the Reservation and Park, and of the Federal lands taken into and held in trust that are adjacent to the north and south bank of the Quillayute River as depicted on the Map as ``Northern Lands''. (4) Law applicable to certain land.--The land taken into trust under this subsection shall not be subject to any requirements for valuation, appraisal, or equalization under any Federal law. (d) Non-Federal Land Conveyance.--Upon completion and acceptance of an environmental hazard assessment, the Secretary shall take into trust for the benefit of the Tribe certain non-Federal land owned by the Tribe, consisting of approximately 184 acres, as depicted on the Map as ``Eastern Lands'', such non-Federal land shall be designated as part of the Reservation. (e) Map Requirements.-- (1) Availability of initial map.--The Secretary shall make the Map available for public inspection in appropriate offices of the National Park Service. The Map shall also depict any non-Federal land currently owned by the Tribe which is being placed in trust under this section. (2) Revised map.--Not later than one year after the date of the land transaction in subsections (d) and (e), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and Committee on Natural Resources of the House of Representatives a revised map that depicts-- (A) the Federal and non-Federal land taken into trust under this section and the Second Beach Trail; and (B) the actual boundaries of the Park as modified by the land conveyance. (f) Jurisdiction.--The land conveyed to the Tribe by this section shall be designated as part of the Quileute Reservation and placed in the following jurisdictions: (1) Trust land.--The same Federal, State, and Tribe jurisdiction as on all other trust lands within the Reservation, so long as the exercise of such jurisdiction does not conflict with the terms of the easement described in subsection (g) below. (2) Tribe jurisdiction.--Park visitors shall remain subject to the jurisdiction of the Tribe while on the Second Beach parking lot, on those portions of the Second Beach Trail on the Reservation, and Rialto Spit, to the same extent that such visitors are subject to the Tribe's jurisdiction elsewhere on the Reservation. (g) Grant of Easement in Connection With Land Conveyance.-- (1) Easement required.--The conveyances under subsection (c)(2) shall be subject to the conditions described in this subsection. (2) Required rights under easement.--Any easement granted under this subsection must contain the following express terms: (A) No impact on existing rights.--An easement shall not limit the Tribe's treaty rights or other existing rights. (B) Retention of rights.--The Tribe retains the right to enforce its rules against visitors for disorderly conduct, drug and alcohol use, use or possession of firearms, and other disruptive behaviors. (C) Monitoring of easement conditions.--The Park has the right, with prior notice to the Tribe, to access lands conveyed to the Tribe for purposes of monitoring compliance with any easement made under this subsection. (3) Exemption for subsection (d) land.--The non-Federal land owned by the Tribe and being placed into trust by the Secretary in accordance with subsection (d) shall not be included in, or subject to, any easement or condition specified in this subsection. (4) Required terms and conditions.--The following specified land areas shall be subject to the following easement conditions: (A) Conditions on northern land.--Certain land that will be added to the northern boundary of the Reservation by the land conveyance, from Rialto Beach to the east line of Section 23, shall be subject to an easement, which shall contain the following requirements: (i) The Tribe may lease or encumber the land, consistent with their status as trust lands, provided that the Tribe expressly subjects the conveyance or authorized use to the terms of the easement. (ii) The Tribe may place temporary, seasonal camps on the land, but shall not place or construct commercial residential, industrial, or other permanent buildings or structures. (iii) Roads on the land on the date of enactment of this Act may be maintained or improved, but no major improvements or road construction may occur, and any road improvements, temporary camps, or other uses of these lands shall not interfere with its use as a natural wildlife corridor. (iv) The Tribe may authorize Tribe members and third parties to engage in recreational, ceremonial, or treaty uses of the land provided that the Tribe adopts and enforces regulations permanently prohibiting the use of firearms in the Thunder Field area, and any areas south of the Quillayute River as depicted on the Map. (v) The Tribe may exercise its sovereign right to fish and gather along the Quillayute River in the Thunder Field area. (vi) The Tribe may, consistent with any applicable Federal law, engage in activities reasonably related to the restoration and protection of the Quillayute River and its tributaries and streams, weed control, fish and wildlife habitat improvement, Quillayute River or streambank stabilization, and flood control. The Tribe and the Park shall conduct joint planning and coordination for Quillayute River restoration projects, including streambank stabilization and flood control. (vii) Park officials and visitors shall have access to engage in activities along and in the Quillayute River and Dickey River that are consistent with past recreational uses, and the Tribe shall allow the public to use and access the Dickey River, and Quillayute River along the north bank, regardless of future changes in the Quillayute River or Dickey River alignment. (viii) Park officials and visitors shall have access to, and shall be allowed to engage in, activities on Tribal lands at Rialto Spit that are consistent with past recreational uses, and the Tribe shall have access to Park lands at Rialto Beach so that the Tribe may access and use the jetty at Rialto Beach. (B) Conditions on second beach trail and access.--Certain Quileute Reservation land along the boundary between the Park and the southern portion of the Reservation, encompassing the Second Beach trailhead, parking area, and Second Beach Trail, shall be subject to a conservation and management easement, as well as any other necessary agreements, which shall implement the following provisions: (i) The Tribe shall allow Park officials and visitors to park motor vehicles at the Trail parking area existing on the date of enactment of this Act and to access the portion of the Trail located on Tribal lands, and the Park shall be responsible for the costs of maintaining existing parking access to the Trail. (ii) The Tribe shall grant Park officials and visitors the right to peacefully use and maintain the portion of the Trail that is on Tribal lands, and the Park shall be responsible for maintaining the Trail and shall seek advance written approval from the Tribe before undertaking any major Trail repairs. (iii) The Park officials and the Tribe shall conduct joint planning and coordination regarding any proposed relocation of the Second Beach trailhead, the parking lot, or other portions of the Trail. (iv) The Tribe shall avoid altering the forested landscape of the Tribe-owned headlands between First and Second Beach in a manner that would adversely impact or diminish the aesthetic and natural experience of users of the Trail. (v) The Tribe shall reserve the right to make improvements or undertake activities at the Second Beach headlands that are reasonably related to enhancing fish habitat, improving or maintaining the Tribe's hatchery program, or alterations that are reasonably related to the protection of the health and safety of Tribe members and the general public. (vi) The Park officials, after consultation with the Tribe, may remove hazardous or fallen trees on the Tribal- owned Second Beach headlands to the extent necessary to clear or safeguard the Trail, provided that such trees are not removed from Tribal lands. (vii) The Park officials and the Tribe shall negotiate an agreement for the design, location, construction, and maintenance of a gathering structure in the Second Beach headlands overlook for the benefit of Park visitors and the Tribe, if such a structure is proposed to be built. (C) Southern lands exempt.--All other land conveyed to the Tribe along the southern boundary of the Reservation under this section shall not be subject to any easements or conditions, and the natural conditions of such land may be altered to allow for the relocation of Tribe members and structures outside the tsunami and Quillayute River flood zones. (D) Protection of infrastructure.--Nothing in this Act is intended to require the modification of the parklands and resources adjacent to the transferred Federal lands. The Tribe shall be responsible for developing its lands in a manner that reasonably protects its property and facilities from adjacent parklands by locating buildings and facilities an adequate distance from parklands to prevent damage to these facilities from such threats as hazardous trees and wildfire. (h) Effect of Land Conveyance on Claims.-- (1) Claims extinguished.--Upon the date of the land conveyances under subsections (d) and (e) and the placement of conveyed lands into trust for the benefit of the Tribe, any claims of the Tribe against the United States, the Secretary, or the Park relating to the Park's past or present ownership, entry, use, surveys, or other activities are deemed fully satisfied and extinguished upon a formal Tribal Council resolution, including claims related to the following: (A) Land along quillayute river.--The lands along the sections of the Quillayute River, starting east of the existing Rialto Beach parking lot to the east line of Section 22. (B) Second beach.--The portions of the Federal or Tribal lands near Second Beach. (C) Southern boundary portions.--Portions of the Federal or Tribal lands on the southern boundary of the Reservation. (2) Rialto beach.--Nothing in this section shall create or extinguish claims of the Tribe relating to Rialto Beach. (i) Gaming Prohibition.--No land taken into trust for the benefit of the Tribe under this Act shall be considered Indian lands for the purpose of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Removes certain federal land within Olympic National Park, Washington, that is designated as part of the Olympic Wilderness from inclusion in the National Wilderness Preservation System. Takes specified federal land within the Park into trust for the Quileute Indian Tribe. Requires the Secretary of the Interior to take specified nonfederal land owned by the Tribe into trust for the Tribe, upon completion and acceptance of an environmental hazard assessment. Includes those lands taken into trust for the Tribe in the Quileute Indian Reservation. Subjects portions of the federal land conveyed to the Tribe to easements and conditions that preserve the natural condition of the land and provide the public with recreational access to the land and Park. Exempts land conveyed to the Tribe along the southern boundary of the Reservation from any easements or conditions. Allows that land to be altered to allow for the relocation of Tribe members and structures outside the tsunami and Quillayute River flood zones. Extinguishes the Tribe's claims against the United States relating to the Park's past or present ownership, entry, use, surveys, or other activities upon the taking of the lands into trust for the Tribe and a formal Tribal Council resolution. Prohibits gaming on lands taken into trust for the Tribe pursuant to this Act.


SECTION 1. AUTHORIZATION OF FISCAL YEAR 2010 MAJOR MEDICAL FACILITY PROJECTS. The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2010, with each project to be carried out in the amount specified for each project: (1) Construction (including acquisition of land) for the realignment of services and closure projects at the Department of Veterans Affairs Medical Center in Livermore, California, in an amount not to exceed $55,430,000. (2) Construction of a Multi-Specialty Care Facility in Walla Walla, Washington, in an amount not to exceed $71,400,00. (3) Construction (including acquisition of land) for a new medical facility at the Department of Veterans Affairs Medical Center in Louisville, Kentucky, in an amount not to exceed $75,000,000. SEC. 2. ADDITIONAL AUTHORIZATION FOR FISCAL YEAR 2010 MAJOR MEDICAL FACILITY CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED. The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2010: (1) Replacement of the existing Department of Veterans Affairs Medical Center in Denver, Colorado, in an amount not to exceed $800,000,000. (2) Construction of Outpatient and Inpatient Improvements in Bay Pines, Florida, in an amount not to exceed $194,400,000. SEC. 3. AUTHORIZATION OF FISCAL YEAR 2010 MAJOR MEDICAL FACILITY LEASES. The Secretary of Veterans Affairs may carry out the following fiscal year 2010 major medical facility leases at the locations specified, in an amount not to exceed the amount shown for that location: (1) Anderson, South Carolina, Outpatient Clinic, in an amount not to exceed $4,774,000. (2) Atlanta, Georgia, Specialty Care Clinic, in an amount not to exceed $5,172,000. (3) Bakersfield, California, Community Based Outpatient Clinic, in an amount not to exceed $3,464,000. (4) Birmingham, Alabama, Annex Clinic and Parking Garage, in an amount not to exceed $6,279,000. (5) Butler, Pennsylvania, Health Care Center, in an amount not to exceed $16,482,000. (6) Charlotte, North Carolina, Health Care Center, in an amount not to exceed $30,457,000. (7) Fayetteville, North Carolina, Health Care Center, in an amount not to exceed $23,487,000. (8) Huntsville, Alabama, Outpatient Clinic Expansion, in an amount not to exceed $4,374,000. (9) Kansas City, Kansas, Community Based Outpatient Clinic, in an amount not to exceed $4,418,000. (10) Loma Linda, California, Health Care Center, in an amount not to exceed $31,154,000 (11) McAllen, Texas, Outpatient Clinic, in an amount not to exceed $4,444,000. (12) Monterey, California, Health Care Center, in an amount not to exceed $11,628,000. (13) Montgomery, Alabama, Health Care Center, in an amount not to exceed $9,943,000. (14) Tallahassee, Florida, Outpatient Clinic, in an amount not to exceed $13,165,000. (15) Winston-Salem, North Carolina, Health Care Center, in an amount not to exceed $26,986,000. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations for Construction.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2010 or the year in which funds are appropriated for the Construction, Major Projects, account-- (1) $201,830,000 for the projects authorized in section 1; and (2) $994,400,000 for the projects authorized in section 2. (b) Authorization of Appropriations for Medical Facility Leases.-- There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2010 or the year in which funds are appropriated for the Medical Facilities account $196,227,000 for the leases authorized in section 3. (c) Limitation.--The projects authorized in sections 1 and 2 may only be carried out using-- (1) funds appropriated for fiscal year 2010 pursuant to the authorization of appropriations in subsection (a) of this section; (2) funds available for Construction, Major Projects, for a fiscal year before fiscal year 2010 that remain available for obligation; (3) funds available for Construction, Major Projects, for a fiscal year after fiscal year 2010 that remain available for obligation; (4) funds appropriated for Construction, Major Projects, for fiscal year 2010 for a category of activity not specific to a project; (5) funds appropriated for Construction, Major Projects, for a fiscal year before 2010 for a category of activity not specific to a project; and (6) funds appropriated for Construction, Major Projects, for a fiscal year after 2010 for a category of activity not specific to a project.

Summary: Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects (projects) in FY2010 in: (1) Livermore, California; (2) Walla Walla, Washington; and (3) Louisville, Kentucky. Authorizes the Secretary to carry out projects in FY2010, as previously authorized, for Department of Veterans Affairs (VA) medical centers in Denver, Colorado, and Bay Pines, Florida. Authorizes the Secretary to carry out specified major medical facility leases (leases) in Alabama, California, Florida, Georgia, Kansas, North Carolina, Pennsylvania, South Carolina, and Texas. Authorizes appropriations for projects and leases authorized under this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Poisoning Reduction Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) the number of children suffering from lead poisoning remains unacceptably high; (2) children younger than 6 years of age are much more likely to suffer the devastating effects of lead poisoning; (3) the health of children may be impacted at lower levels of lead exposure than previously thought; (4) lead poisoning can lead to organ damage, as well as serious developmental, learning, and behavioral problems in children; (5) owners and managers of childcare and pre-school facilities constructed before 1978 need guidance with respect to protecting children of the United States from exposure to lead; and (6) the Administrator of the Environmental Protection Agency has the authority, but, as of the date of enactment of this Act, has elected not, to promulgate regulations pursuant to section 402 of the Toxic Substances Control Act (15 U.S.C. 2682) to reduce lead exposure in child-occupied facilities. SEC. 3. LEAD ASSESSMENT IN CHILD-OCCUPIED FACILITIES. Section 402 of the Toxic Substances Control Act (15 U.S.C. 2682) is amended by adding at the end the following: ``(d) Child-Occupied Facilities.-- ``(1) Definitions.--In this subsection: ``(A) Child-occupied facility.-- ``(i) In general.--The term `child-occupied facility' means a facility described in clause (ii) that was constructed before January 1, 1978, and that is visited regularly by a child of not more than 6 years old for at least 2 days within any week for not less than-- ``(I) 3 hours each visit; ``(II) 6 hours each week; and ``(III) 60 hours each calendar year. ``(ii) Description of facility.--A facility referred to in clause (i) is-- ``(I) a childcare center; ``(II) a pre-school or kindergarten classroom; or ``(III) except as provided in clause (iii), any other facility (including a facility used for a Head Start program or a similar program) at which a childcare provider receives compensation or a subsidy for services provided. ``(iii) Exclusion.--The term `child- occupied facility' does not include a home- based childcare facility. ``(B) Exposure pathway.--The term `exposure pathway' includes, with respect to lead-- ``(i) lead-based paint and lead-based paint hazards; and ``(ii) lead contained in-- ``(I) drinking water plumbing and fixtures; ``(II) furniture, fixtures, and playground equipment; and ``(III) products used by or for children. ``(C) Home-based childcare facility.--The term `home-based childcare facility' means an owner-occupied or rental housing unit-- ``(i) at which 1 or more individuals reside; and ``(ii) that meets the requirements under clauses (i) and (ii) of subparagraph (A) for a child-occupied facility. ``(D) Select group.--The term `Select Group' means the Select Group on Lead Exposure established by paragraph (2)(A). ``(2) Select group on lead exposure.-- ``(A) Establishment.--There is established a Select Group on Lead Exposure, to be composed of-- ``(i) the Secretary of Education (or a designee); ``(ii) the Director of the Centers for Disease Control and Prevention (or a designee); ``(iii) the Director of the National Institute of Environmental Health Science (or a designee); ``(iv) the Assistant Secretary of the Administration for Children and Families (or a designee); ``(v) the Director of the National Institute of Child Health and Human Development (or a designee); and ``(vi) the head of any other Federal agency (or a designee), as the Administrator determines to be appropriate. ``(B) Duties.--The Select Group shall advise the Administrator on actions necessary to carry out this subsection and related activities. ``(C) Compensation of members.--A member of the Select Group shall serve without compensation. ``(D) Travel expenses.--A member of the Select Group shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Select Group. ``(3) Baseline standards and model program.-- ``(A) Study.--Not later than 180 days after the date of enactment of this subsection, the Select Group shall conduct a study of State, tribal, and local programs the purpose of which is to protect children from exposure to lead at child-occupied facilities. ``(B) Standards and program.-- ``(i) Development.--Not later than 1 year after the date of enactment of this subsection, the Select Group shall develop-- ``(I) baseline standards with which a State, tribal, or local program described in subparagraph (A) shall comply to be eligible to receive a grant under paragraph (4); and ``(II) a model program to protect children from exposure to lead at child-occupied facilities that can be adopted for use by State, tribal, and local governments. ``(ii) Factors for consideration.--In developing the baseline standards and model program under clause (i), the Select Group shall take into consideration-- ``(I) the results of the study under subparagraph (A); ``(II) regulations promulgated pursuant to subsection (a) (including the process of promulgating the regulations); and ``(III) guidance for childcare providers produced by agencies and other groups, including-- ``(aa) any member of the Select Group; ``(bb) the American Academy of Pediatrics; ``(cc) the American Public Health Association; and ``(dd) the National Center for Healthy Housing. ``(iii) Requirements.-- ``(I) Baseline standards.--The baseline standards developed under clause (i)(I) shall include guidelines for-- ``(aa) assessing child- occupied facilities for the identification and remediation of exposure pathways; and ``(bb) informing children and families that visit child- occupied facilities of the exposure pathways and related hazards. ``(II) Model program.--The model program developed under clause (i)(II) shall meet or exceed such applicable standards (including the baseline standards under clause (i)(I)) as the Administrator may establish with respect to grant programs carried out by the Administrator, including standards requiring that-- ``(aa) each appropriate child-occupied facility shall be provided a notice as soon as practicable after a child served by the child-occupied facility is diagnosed with lead poisoning, subject to such guidelines as the Select Group determines to be necessary to ensure the protection of privileged medical information; and ``(bb) on receiving a notification under item (aa), a child-occupied facility that has not been tested for the presence of lead in exposure pathways shall be so tested. ``(4) Grant program.-- ``(A) Definition of eligible facility.-- ``(i) In general.--In this paragraph, the term `eligible facility' means a child-occupied facility that participates in a State, tribal, or local program-- ``(I) the purpose of which is to protect children from exposure to lead at child-occupied facilities; and ``(II) that-- ``(aa) is based on the model program developed under paragraph (3)(B)(i)(II); or ``(bb) otherwise meets the baseline standards developed under paragraph (3)(B)(i)(I). ``(ii) Exclusion.--The term `eligible facility' does not include a home-based childcare facility. ``(B) Establishment.--Not later than 1 year after, but in no case before, the date of development of baseline standards and the model program under paragraph (3), the Administrator, in consultation with the Select Group, shall establish a program under which the Administrator shall provide grants to eligible facilities to assist the eligible facilities in carrying out activities to protect children from exposure to lead at eligible facilities. ``(C) Application.--To be eligible to receive a grant under this paragraph, an eligible facility shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator, in consultation with the Select Group, may require. ``(D) Cost sharing.-- ``(i) In general.--The non-Federal share of the cost of an activity funded by a grant under this paragraph shall be 20 percent. ``(ii) Provision.--The non-Federal share under clause (i)-- ``(I) may be provided using State, tribal, and local government funds and private funds; and ``(II) shall not be provided using funds appropriated pursuant to any Federal program. ``(E) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $42,600,000 for the period of fiscal years 2007 through 2011. ``(5) Regulations.-- ``(A) Testing.--Not later than 18 months after the date of enactment of this subsection, the Administrator shall promulgate regulations requiring that-- ``(i) child-occupied facilities placed into service after that date shall test each applicable exposure pathway for the presence of lead; and ``(ii) no State or Indian tribe shall issue to a child-occupied facility described in clause (i) a license until-- ``(I) the testing required under clause (i) is completed; and ``(II) the exposure to lead, if any, in each applicable exposure pathway is eliminated. ``(B) Elimination of risk.-- ``(i) In general.--Not later than 3 years after the date of enactment of this subsection, the Administrator shall promulgate proposed regulations requiring all child-occupied facilities to eliminate the risk of exposure to lead through applicable exposure pathways. ``(ii) Finalization and effective date.-- The proposed regulations under clause (i)-- ``(I) shall be finalized by the Administrator not later than 4 years after the date of enactment of this subsection; and ``(II) shall take effect not later than 5 years after the date of enactment of this subsection. ``(6) Contractors engaged in renovation, remodeling, and painting of child-occupied facilities.--Not later than 18 months after the date of enactment of this subsection, the Administrator, in consultation with the Select Group, shall-- ``(A) apply regulations promulgated pursuant to subsection (c)(3) to contractors and other workers engaged in the renovation, remodeling, or painting of child-occupied facilities; and ``(B) establish a program to provide information, training, and materials concerning those activities to the contractors and workers. ``(7) Report to congress.--Not later than 3 years after the date of enactment of this subsection, the Administrator, in consultation with the Select Group, shall submit to Congress a report containing-- ``(A) a list of States and Indian tribes carrying out programs to protect children from exposure to lead at child-occupied facilities that meet the baseline standards developed under paragraph (3)(B)(i)(I) (including by adopting the model program developed under paragraph (3)(B)(i)(II)); ``(B) the number of child-occupied facilities that received grants under paragraph (4) during the preceding 3-year period; and ``(C) recommendations for additional Federal funds and resources, if any, required to ensure the protection of children from exposure to lead at child- occupied facilities.''.

Summary: Lead Poisoning Reduction Act of 2006 - Amends the Toxic Substances Control Act to establish a Select Group on Lead Exposure. Requires the Group to: (1) conduct a study of state, tribal, and local programs to protect children from exposure to lead at child-occupied facilities constructed before January 1, 1978; (2) develop baseline standards such programs must meet to receive a grant under this Act; and (3) develop a model program to protect children from exposure to lead at such facilities that can be adopted by state, local, and tribal governments. Requires the model program to meet or exceed standards that require facilities to be notified as soon as practicable after a child is diagnosed with lead poisoning and to be tested for the presence of lead upon receiving such notification. Directs the Administrator to: (1) establish a program to provide grants to assist such facilitites in carrying out activities to protect children from lead exposure; (2) promulgate regulations requiring such facilities to test applicable exposure pathways for lead, prohibiting states and Indian tribes from issuing a license to such facilities until the testing is complete and the exposure to lead is eliminated, and requiring all child-occupied facilities to eliminate the risk of exposure to lead through applicable exposure pathways; and (3) apply regulations governing lead-based paint activities to contractors and workers engaged in the renovation, remodeling, or painting of such facilitates and to establish a program to provide information and training about those activities to them.