SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Data Protection Act''. SEC. 2. DATA SECURITY. (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B (15 U.S.C. 1681c-2) the following: ``SEC. 605C. DATA SECURITY AT CONSUMER REPORTING AGENCIES. ``(a) Definitions.--In this section-- ``(1) the term `affected individual' means an individual, the sensitive personal information of whom is lost, stolen, or accessed without authorization because of a data breach; ``(2) the term `appropriate committees of Congress' means-- ``(A) the Committee on the Judiciary of the Senate; ``(B) the Committee on Banking, Housing, and Urban Affairs of the Senate; ``(C) the Committee on the Judiciary of the House of Representatives; and ``(D) the Committee on Financial Services of the House of Representatives; ``(3) the term `covered action' means an action that restricts the legal rights available to a consumer, including-- ``(A) requiring the consumer to-- ``(i) waive the right of the consumer to-- ``(I) file a civil action in an appropriate court; or ``(II) bring, or participate in, a class action; or ``(ii) engage in settlement negotiations before bringing an action under subsection (c)(3); and ``(B) offering a financial inducement in exchange for the consumer waiving any right of the consumer; ``(4) the term `credit freeze'-- ``(A) except as provided in subparagraph (B), means a restriction placed on the consumer report of a consumer at the request of the consumer, or a personal representative of the consumer, that prohibits a consumer reporting agency from releasing the consumer report for any purpose; and ``(B) with respect to the consumer report of a consumer, shall not apply to the use of the consumer report by-- ``(i) a person, or a subsidiary, affiliate, agent, subcontractor, or assignee of the person, with which the consumer has, or before assignment had, an account, contract, or debtor-creditor relationship for the purposes of-- ``(I) reviewing the active account; or ``(II) collecting the financial obligation owed on the account, contract, or debt; ``(ii) any person acting under a court order, warrant, or subpoena; ``(iii) a Federal, State, or local government or an agent or assignee of a Federal, State, or local government; ``(iv) any person for the sole purpose of providing a credit monitoring or identity theft protection service to which the consumer has subscribed; ``(v) any person for the purpose of providing a consumer with a copy of the consumer report, credit score, or educational credit score of the consumer upon request by the consumer; ``(vi) any person or entity for insurance purposes, including use in setting or adjusting a rate, adjusting a claim, or underwriting; and ``(vii) any person acting under an authorization from a consumer to use the consumer report of the consumer for employment purposes; ``(5) the term `data breach' means the loss, theft, or other unauthorized access, other than access that is incidental to the scope of employment, of data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data; and ``(6) the term `sensitive personal information' means, with respect to an individual, information-- ``(A) about the individual relating to the education, financial transactions, medical history, criminal history, or employment history of the individual; and ``(B) that can be used to distinguish or trace the identity of the individual, including the name, social security number, date and place of birth, mother's maiden name, and biometric records of the individual. ``(b) Data Breaches at Consumer Reporting Agencies.--With respect to a data breach at a consumer reporting agency, the consumer reporting agency-- ``(1) subject to paragraph (2), shall notify-- ``(A) not later than 2 days after the date on which the consumer reporting agency discovers the data breach-- ``(i) the Federal Trade Commission; ``(ii) the Bureau; and ``(iii) appropriate law enforcement and intelligence agencies, as identified by the Secretary of Homeland Security; and ``(B) not later than 3 days after the date on which the consumer reporting agency discovers the data breach, and as quickly and efficiently as is practicable, each affected individual with respect to the data breach; ``(2) may receive an extension of the 2-day deadline described in paragraph (1)(A) or the 3-day deadline described in paragraph (1)(B) if the Federal Trade Commission and the intelligence agencies identified under paragraph (1)(A)(iii) determine that there is a national security concern that requires granting such an extension; ``(3) shall, upon request by any affected individual with respect to the data breach, provide, without charge to the affected individual and during the lifetime of the affected individual-- ``(A) a credit freeze, including the cost relating to imposing, lifting, or permanently removing a credit freeze, with respect to the consumer report of the affected individual at any consumer reporting agency described in section 603(p); and ``(B) credit monitoring services for the affected individual at any consumer reporting agency described in section 603(p); and ``(4) shall, in consultation with the Bureau, establish a consumer assistance unit-- ``(A) that shall-- ``(i) be carried out, and paid for, by the consumer reporting agency; and ``(ii) provide assistance, free of charge and for a period of 10 years beginning on the date on which the consumer reporting agency submits the notifications required under paragraph (1)(A), to any affected individual who wants to dispute an item in the file of the affected individual that was entered into that file after the date on which the data breach occurred; and ``(B) with respect to which the consumer reporting agency shall, as soon as practicable after the date on which the consumer assistance unit is established, notify each affected individual with respect to the data breach by mail and e-mail. ``(c) Enforcement.-- ``(1) In general.--Subject to subtitle B of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5511 et seq.), the Federal Trade Commission or the Bureau may bring a civil action to recover a civil penalty in an appropriate district court of the United States against any person that negligently, knowingly, or willingly causes a data breach at a consumer reporting agency. ``(2) Penalty amount.-- ``(A) In general.--In a successful action brought under paragraph (1), the person against which the action is brought shall be liable for a civil penalty of not more than-- ``(i) $2,500 for each affected individual with respect to the data breach caused by the person; and ``(ii) $25,000,000 in total. ``(B) Considerations.--In determining the amount of a civil penalty in a successful action brought under paragraph (1), the court shall consider, with respect to the person against which the action is brought-- ``(i) the degree of culpability of the person; ``(ii) any history of similar prior conduct by the person; ``(iii) the ability of the person to pay; ``(iv) the effect of the penalty on the ability of the person to continue to do business; and ``(v) any other factor as justice may require. ``(3) Private cause of action.-- ``(A) Definition.--In this paragraph, the term `actual loss' means the total cost to an affected individual as a result of a data breach at a consumer reporting agency, including-- ``(i) the costs incurred by the affected individual-- ``(I) in responding to the data breach; and ``(II) as a result of-- ``(aa) reviewing accounts of the affected individual for fraudulent charges; ``(bb) closing accounts of the affected individual that may have been compromised by the data breach; and ``(cc) imposing credit freezes and obtaining credit monitoring services; and ``(ii) any revenue lost, or cost or consequential damage incurred, by the affected individual relating to the interruption of the ability of the affected individual to obtain credit. ``(B) Cause of action.-- ``(i) In general.--An affected individual may bring an action in an appropriate district court of the United States against any person that negligently, knowingly, or willingly caused a data breach at a consumer reporting agency in which the sensitive personal information of the affected individual was lost, stolen, or accessed without authorization. ``(ii) Damages.--In a successful action brought by an affected individual under clause (i), the affected individual may recover-- ``(I) the greater of-- ``(aa) the actual loss to the affected individual with respect to the data breach described in that clause; or ``(bb) $1,000 in liquidated damages; ``(II) punitive damages, as the court may allow; and ``(III) the costs of the action, together with reasonable attorney's fees, as determined by the court. ``(d) Review of Compliance With Standards for Safeguarding Customer Information.-- ``(1) Definition.--In this subsection, the term `covered person' has the meaning given the term in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481). ``(2) Examination.--The Bureau may examine any consumer reporting agency that is a covered person subject to supervision under section 1024 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5514) for compliance by that agency with the standards established by the Federal Trade Commission under section 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)). ``(e) Protection of Legal Rights of Consumers.--A consumer reporting agency may not take a covered action-- ``(1) as a condition of providing any service or product to, or on behalf of, a consumer; and ``(2) that relates to the rights of a consumer after a data breach at the consumer reporting agency in which the sensitive personal information of the consumer is lost, stolen, or accessed without authorization. ``(f) Annual Study and Report.-- ``(1) In general.--Beginning in the first full year after the date of enactment of this section, and annually thereafter, the Bureau and the Federal Trade Commission, in consultation with the Attorney General, shall conduct a study regarding the costs to affected individuals from data breaches at consumer reporting agencies, including-- ``(A) the economic costs to those affected individuals; ``(B) the effects on-- ``(i) the ability of those affected individuals to obtain credit and housing; and ``(ii) the reputations of those affected individuals; and ``(C) the costs relating to the emotional and psychological stress of those affected individuals from having the sensitive personal information of those affected individuals lost, stolen, or accessed without authorization. ``(2) Submission to congress.--Not later than 30 days after the date on which each study conducted under paragraph (1) is completed, the Bureau and the Federal Trade Commission shall submit to the appropriate committees of Congress a report that contains the results of the study. ``(3) Contents.--Each study conducted under paragraph (1) and each report submitted under paragraph (2) shall contain a survey of affected individuals who were contacted for the purposes of conducting the study. ``(4) Authority.--In conducting any study under paragraph (1), the Bureau, the Federal Trade Commission, and the Attorney General may compel a consumer reporting agency to disclose nonproprietary information. ``(g) Rule of Construction.--Nothing in this section may be construed as modifying, limiting, or superseding any provision of State law if the protection that the provision of State law provides to consumers is greater than the protection provided to consumers under this section.''. (b) Technical and Conforming Amendment.--The table of contents for the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after the item relating to section 605B the following: ``605C. Data security at consumer reporting agencies.''.

Summary: Consumer Data Protection Act This bill amends the Fair Credit Reporting Act to direct a consumer reporting agency experiencing a data breach to: (1) notify the Federal Trade Commission, the Consumer Financial Protection Bureau (CFPB), other appropriate law enforcement agencies, and affected individuals; (2) provide affected individuals with free credit freezes and credit monitoring services; and (3) establish a consumer assistance unit. The bill also establishes legal enforcement provisions concerning data breaches at consumer reporting agencies. The CFPB may examine a consumer reporting agency to assess compliance with personal information protection laws.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Cardiac Arrest Survival Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Establishing a nationally uniform baseline of protection from civil liability for persons who use automated external defibrillators (in this section referred to as ``AEDs'') in perceived medical emergencies, who own or hold other property interests in AEDs used in perceived medical emergencies, or who own, occupy, or manage premises in which an AED is used or from which an AED is taken for use in a perceived medical emergency will encourage the deployment of additional AEDs, which will ultimately save lives that would otherwise have been lost to cardiac arrest. (2) The current patchwork of State ``Good Samaritan'' laws provides incomplete, inconsistent, and, in some instances, inadequate protection for entities considering the acquisition or deployment of AEDs. In these circumstances, concerns about potential liability resulting from the good-faith acquisition and deployment of this life-saving technology are inhibiting its deployment. (3) Such concerns are especially acute for entities with operations or facilities in multiple States, yet such entities are also among those in which the widespread deployment of AEDs would be most beneficial. (4) A nationally uniform baseline of protection from civil liability is needed for persons who use AEDs in perceived medical emergencies, who own or hold other property interests in AEDs used in perceived medical emergencies, or who own, occupy, or manage premises in which an AED is used or from which an AED is taken for use in a perceived medical emergency. SEC. 3. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL DEFIBRILLATORS. Section 248 of the Public Health Service Act (42 U.S.C. 238q) is amended to read as follows: ``SEC. 248. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL DEFIBRILLATORS. ``(a) Good Samaritan Protections.--Except as provided in subsection (e), in the case of a person who-- ``(1) uses or attempts to use an automated external defibrillator device on a victim of a perceived medical emergency, and ``(2) is not the owner-acquirer (as defined in subsection (c)(2)) of the device, such person is immune from civil liability for any harm resulting from the use or attempted use of such device by such person. ``(b) Premises Owner/Lessee/Manager Protections.--Except as provided in subsection (e), in the case of a person who-- ``(1) owns, occupies under a lease or similar arrangement, or manages-- ``(A) the premises at which an automated external defibrillator device is used or attempted to be used on a victim of a perceived medical emergency, or ``(B) the premises from which an automated external defibrillator device used or attempted to be used on a victim of a perceived medical emergency is taken for such use, and ``(2) is not the owner-acquirer of such device, such person is immune from civil liability for any harm resulting from such use or attempted use of such device. ``(c) Device Owner-Acquirer Protections.-- ``(1) In general.--Except as provided in subsection (e), an owner-acquirer of an AED is immune from civil liability for any harm resulting from the use or attempted use of such device, unless the harm was proximately caused by the failure of the owner-acquirer to properly maintain the device according to the guidelines of the device manufacturer. ``(2) Owner-acquirer defined.--For purposes of this section, the term `owner-acquirer' means any person who owns or has otherwise acquired a possessory property interest in an AED that is used or attempted to be used on a victim of a perceived medical emergency. ``(d) Applicability of Immunity in Certain Circumstances.--The immunity provided by subsections (a), (b), and (c) of this section shall apply regardless of whether-- ``(1) the AED that is used or attempted to be used is marked with or accompanied by cautionary signage; ``(2) the AED that is used or attempted to be used is registered with any government; ``(3) the person who used or attempted to use the AED saw, read, understood, complied with, or attempted to comply with any cautionary signage present; ``(4) the person who used or attempted to use the AED had received any training relating to the use of (a) AEDs in general or (b) the particular AED used or attempted to be used; or ``(5) the person who used or attempted to use the AED was assisted or supervised by any other person, including but not limited to a licensed physician. ``(e) Inapplicability of Immunity in Certain Circumstances.-- Notwithstanding anything to the contrary in subsection (d) of this section, immunity under subsection (a), (b), or (c)(1) does not apply to a person if-- ``(1) such person's willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the victim proximately caused the harm involved; ``(2) such person is a licensed or certified health professional who used the automated external defibrillator device while acting within the scope of the license or certification of the professional and within the scope of the employment or agency of the professional; ``(3) such person is a hospital, clinic, or other entity whose purpose is providing health care directly to patients, and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent; or ``(4) such person is an owner-acquirer of the device who leased the device to a health care entity (or who otherwise provided the device to such entity for compensation without selling the device to the entity), and the harm was caused by an employee or agent of the entity who used the device while acting within the scope of the employment or agency of the employee or agent. ``(f) Rules of Construction.-- ``(1) In general.--The following apply with respect to this section: ``(A) This section does not establish any cause of action, or require that an automated external defibrillator device be placed at any building or other location. This section does not preempt any State law requiring that an automated external defibrillator be placed at any building or other location. ``(B) With respect to the class of persons for which this section provides immunity from civil liability, this section preempts the law of any State to the extent that the otherwise-applicable State law would allow for civil liability in any circumstance where this section would provide immunity from civil liability. This section does not preempt any State law providing immunity from civil liability in any circumstance for which this section would not provide such immunity. ``(C) This section does not waive any protection from liability for Federal officers or employees under-- ``(i) section 233 of this title; or ``(ii) sections 1346(b), 2672, and 2679 of title 28, United States Code, or under alternative benefits provided by the United States where the availability of such benefits precludes a remedy under section 1346(b) of such title 28. ``(2) Civil actions under federal law.-- ``(A) In general.--The applicability of subsections (a), (b), (c), (d), and (e) includes applicability to any action for civil liability described in subsection (a), (b), or (c) that arises under Federal law. ``(B) Federal areas adopting state law.--If a geographic area is under Federal jurisdiction and is located within a State but out of the jurisdiction of the State, and if, pursuant to Federal law, the law of the State applies in such area regarding matters for which there is no applicable Federal law, then an action for civil liability described in subsection (a), (b), or (c) that in such area arises under the law of the State is subject to subsections (a) through (f) in lieu of any related State law that would apply in such area in the absence of this subparagraph. ``(g) Federal Jurisdiction.-- ``(1) In any civil action arising under State law, the courts of the State involved have jurisdiction to apply the provisions of this section. ``(2) The actual, asserted, or potential application of any provision of this section in any civil action or as to any civil claim shall not establish the original jurisdiction of the Federal courts over such action or claim under section 1331 of title 28, United States Code. ``(h) Definitions.-- ``(1) Perceived medical emergency.--For purposes of this section, the term `perceived medical emergency' means circumstances in which the behavior of an individual leads a reasonable person to believe that the individual is experiencing a life-threatening medical condition that requires an immediate medical response regarding the heart or other cardiopulmonary functioning of the individual. ``(2) Other definitions.--For purposes of this section: ``(A) The term `automated external defibrillator device' or `AED' means a defibrillator device that-- ``(i) is commercially distributed in accordance with the Federal Food, Drug, and Cosmetic Act; ``(ii) is capable of recognizing the presence or absence of ventricular fibrillation, and is capable of determining without intervention by the user of the device whether defibrillation should be performed; ``(iii) upon determining that defibrillation should be performed, is able to deliver an electrical shock to an individual; and ``(iv) in the case of a defibrillator device that may be operated in either an automated or a manual mode, is set to operate in the automated mode. ``(B) The term `cautionary signage' means, with respect to an AED, any verbal or non-verbal markings or language purporting to limit use of the AED by members of the general public or to permit use of the AED only by persons with specific skills, qualifications, or training. ``(C)(i) The term `harm' includes physical, nonphysical, economic, and noneconomic losses. ``(ii) The term `economic loss' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. ``(iii) The term `noneconomic losses' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature.''.

Summary: Cardiac Arrest Survival Act of 2015 This bill amends the Public Health Service Act to expand immunity from civil liability related to automated external defibrillator devices (AEDs), including by giving immunity to: (1) a person who owns, occupies, or manages the premises from which an AED is taken or at which an AED is used; and (2) the owner of an AED for any harm resulting from the use of the AED, unless the harm was caused by the failure of the owner to properly maintain the AED. This immunity applies regardless of whether: (1) the AED is marked with cautionary signage or registered with any government; or (2) the person who used the AED complied with signage, had received training on use of the AED, or was assisted or supervised, including by a licensed physician.


SECTION 1. CONVEYANCE OF LAND, FORMER FORT BAYARD MILITARY RESERVATION, GRANT COUNTY, NEW MEXICO. (a) In General.--Subject to this Act, the Secretary of Agriculture shall convey the lands described in subsection (b) to one or more eligible buyers for the purpose of business and community development. (b) Land Described.--The lands to be conveyed under subsection (a) are the following lands that were formerly part of the Fort Bayard Military Reservation, Grant County, New Mexico, comprising approximately 1,499 acres, and are situated in sections: Township 17 South, Range 12 West, New Mexico Principal Meridian. Section 30, all within the former Fort Bayard Military Reservation (31 acres more or less). Section 31, all within the former Fort Bayard Military Reservation (155 acres more or less). Township 17 South, Range 13 West, New Mexico Principal Meridian. Section 34, all within the former Fort Bayard Military Reservation (584 acres more or less). Section 35, all within the former Fort Bayard Military Reservation less lands conveyed under other Federal authorities to the Village of Central (Santa Clara), and the State of New Mexico (216 acres more or less). Section 36, all within the former Fort Bayard Military Reservation (513 acres more or less). (c) Eligible Buyers.--For the purposes of this Act, eligible buyers are the village of Santa Clara, the city of Bayard, and the county of Grant in the State of New Mexico. SEC. 2. CONDITIONS. In making the conveyance under section 1, the Secretary of Agriculture-- (1) shall sell the land in tracts of not less than 40 acres; (2) shall require as consideration for the land the market price of the land in its present state of use as agricultural grazing lands as determined by the Secretary; (3) shall protect all valid existing rights; (4) shall reserve easements for existing facilities such as roads, telephone lines, pipelines, electric power transmission lines, or other facilities or improvements in place; (5) shall reserve such easements for roads as the Secretary of Agriculture finds necessary to assure access to lands of the United States or to meet public needs; and (6) may contain such additional terms, conditions, reservations, and restrictions as may be determined by the Secretary of Agriculture to be necessary to protect the interests of the United States. SEC. 3. APPROVAL OF ALL PARTIES REQUIRED FOR CONVEYANCE. The Secretary of Agriculture shall not make a conveyance under this Act to any one of the eligible buyers, without written approval of the two nonacquiring eligible buyers. SEC. 4. HISTORIC OR PREHISTORIC SITES. If historic or prehistoric cultural properties are located upon the lands to be conveyed under section 1, the Secretary of Agriculture shall be responsible for the costs and recovery of these sites and shall do so in a timely manner so as not to unduly restrict future use of the selected lands by the acquiring party. The Secretary may, at the Secretary's discretion, use a deed reservation to retain historic or prehistoric properties in the ownership of the United States instead of site recovery, if agreeable to the acquiring party. SEC. 5. SALE OF MINERAL INTERESTS. (a) Inclusion in Conveyance.--Upon application by the acquiring party, all the undivided mineral interest of the United States in any parcel or tract sold pursuant to this Act shall be conveyed to the acquiring party or its successor in title by the Secretary of the Interior. In areas where the Secretary of the Interior determines that there is no active mineral development or leasing, and that the lands have no mineral value, the mineral interests covered by a single application shall be sold for a consideration of $1. In other areas the mineral interests shall be sold at the fair market value thereof as determined by the Secretary of the Interior after taking into consideration such appraisals as the Secretary of the Interior deems necessary or appropriate. (b) Administrative Costs.-- (1) Deposit and payment.--Each application for a conveyance to be made under this Act shall be accompanied by a nonrefundable deposit to be applied to related administrative costs as determined by the Secretary of the Interior. If the conveyance is made pursuant to an application, the applicant shall pay to the Secretary of the Interior the full administrative costs, less the deposit. If a conveyance is not made pursuant to the application, the deposit shall constitute full satisfaction of such administrative costs notwithstanding that the administrative costs exceed the deposit. (2) Definition.--For the purposes of this section, the term ``administrative costs'' includes, in addition to other items, all costs that the Secretary of the Interior determines are included in a determination of-- (A) the mineral character of the land in question; and (B) the fair market value of the mineral interest. (c) Amounts Paid Into Treasury.--Amounts paid to the Secretary of the Interior under this section shall be paid into the Treasury of the United States as miscellaneous receipts.

Summary: Directs the Secretary of Agriculture (USDA) to convey at current state of agricultural use market prices specified lands formerly part of the Fort Bayard Military Reservation, Grant County, New Mexico, to the Village of Santa Clara, the City of Bayard, and Grant County, New Mexico, in tracts of not less than 40 acres, for business and community development. Requires approval of all parties for any such conveyance. Provides that the Secretary shall be responsible for the costs and recovery of any historic or prehistoric cultural properties located on such lands.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Pipeline Safety Act of 2016''. SEC. 2. FINDINGS. Congress finds that-- (1) the Great Lakes are an invaluable national resource, containing one-fifth of the world's fresh surface water and 95 percent of the United States freshwater supply; (2) over 40,000,000 people depend on the Great Lakes for fresh drinking water; (3) the Great Lakes provide 56,000,000,000 gallons of water per day for municipal, agricultural and industrial use; (4) there are more than 3,500 species of plants and animals within the Great Lakes ecosystem; (5) hundreds of thousands of jobs, tied to the $7,000,000,000 recreational fishing and $16,000,000,000 recreational boating industries, directly depend on the Great Lakes; (6) currently, several million gallons per day of hazardous liquids are transported by pipeline across various points along the Great Lakes; (7) modeling studies by the University of Michigan in 2014 and 2016 have concluded that an oil spill originating from a pipeline under the Straits of Mackinac would present particularly severe consequences, potentially impacting over 700 miles of Great Lakes shoreline; (8) a joint NOAA-U.S. Coast Guard guidebook on oil spill response planning in marine environments states that, during the first 24 to 48 hours of open water exposure, most oil spills become difficult to recover, burn, or chemically disperse; (9) swift currents beneath the straits and waterways which connect the Great Lakes could rapidly disperse oil spill contaminants following a pipeline breach; (10) certain pipelines on the Great Lakes are located in close proximity to municipal drinking water collection intakes for millions of people; and (11) the United States should seek to protect the Great Lakes, as a unique national asset, from unreasonable risk of environmental and economic harm. SEC. 3. STUDY ON ECONOMIC AND ENVIRONMENTAL RISKS TO THE GREAT LAKES. (a) Study.--Notwithstanding a pipeline integrity management program, integrity management assessment schedule, or considerations by the Secretary of Transportation resulting in a corrective action order pursuant to section 60112 of title 49, United States Code, not later than 18 months after the date of enactment of this Act, the Secretary shall, in consultation with the United States Coast Guard, the Environmental Protection Agency, the Federal Energy Regulatory Commission, and other agencies as appropriate, conduct a study to determine the economic and environmental risks to the Great Lakes of spills or leaks of oil or other hazardous liquids in the Straits of Mackinac from a rupture, breakage, or other failure of onshore, underwater pipeline facilities within the Straits. (b) Contents.--The study required under subsection (a) shall-- (1) meet the content requirements of an environmental impact statement as described in part 1502 of title 40, Code of Federal Regulations; (2) describe the potential impacts of such spills or leaks to the public health or welfare, wildlife populations, ecosystems, shorelines, public and private property, economic activity, and water quality in the Great Lakes and connecting waterways; (3) include an assessment of spill responses in a variety of likely and worst-case spill scenarios in those waters; and (4) include the supplemental study conducted under subsection (c). (c) Supplemental Study.--The Secretary of Transportation shall conduct, in collaboration with pipeline facility operators and any necessary agencies, a supplemental study to evaluate the condition and structural integrity of onshore, underwater pipeline facilities in the Straits of Mackinac, taking into consideration the age, construction materials, external and internal corrosion, weld integrity, pressure, underwater currents, possible external damage caused by anchor strikes or dragging by recreational or cargo vessels, and the presence of in- line shutoff valves. Such supplemental study shall utilize both internal inspection technology and pipeline route surveys, depth of cover surveys, pressure tests, external corrosion direct assessment, or other technology that the operator demonstrates can further the understanding of the condition of the pipeline facility. (d) Termination of Operation.--Not later than 18 months after the date of enactment of this Act, the Administrator of the Pipeline and Hazardous Materials Safety Administration shall terminate the operations of an onshore, underwater pipeline facility located in the Straits of Mackinac if the Administrator determines that, based on the studies conducted under subsections (a) and (c), such facility poses a sufficient risk of hazard to life, property, or the environment to necessitate the termination.

Summary: Great Lakes Pipeline Safety Act of 2016 This bill directs the Department of Transportation (DOT) to conduct a study to determine the economic and environmental risks of oil or hazardous liquids spills or leaks in the Straits of Mackinac that a failure of onshore, underwater pipeline facilities within the straits would pose to the Great Lakes. In addition, DOT must evaluate the condition and structural integrity of the facilities. DOT shall terminate operations of a facility upon a determination, based on such studies, that risk of hazard to life, property, or the environment warrants termination.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Grand Jury Reform Act of 1998''. SEC. 2. GRAND JURIES. (a) In General.--Rule 6 of the Federal Rules of Criminal Procedure is amended-- (1) in subdivision (a), by adding at the end the following: ``(3) Instruction on rights, responsibilities, and duties.--Upon impaneling a grand jury, the court shall instruct and charge the grand jury on the rights, responsibilities, and duties of the grand jury under this rule, including-- ``(A) the duty to inquire into criminal offenses that are alleged to have been committed within the jurisdiction; ``(B) the right to call and interrogate witnesses; ``(C) the right to request production of a book, paper, document, or other object, including exculpatory evidence; ``(D) the necessity of finding credible evidence of each material element of the crime charged before returning a true bill; ``(E) the right to request that the attorney for the government draft indictments for charges other than those originally requested by that attorney; ``(F) the obligation of secrecy under subdivision (e)(2); and ``(G) such other rights, responsibilities, and duties as the court determines to be appropriate.''; (2) in subdivision (d), by inserting ``and counsel for that witness (as provided in subdivision (i))'' after ``under examination''; (3) in subdivision (e)(2), by adding at the end the following: ``The court shall have the authority to investigate any violation of this paragraph, including the authority to appoint counsel to investigate and report to the court regarding any such violation.''; and (4) by adding at the end the following: ``(h) Notice to Witnesses.--Upon service of any subpoena requiring any witness to testify or produce information at any proceeding before a grand jury impaneled before a district court, the witness shall be given adequate and reasonable notice of-- ``(1) his or her right to counsel, as provided in subdivision (i); ``(2) his or her privilege against self-incrimination; ``(3) the subject matter of the grand jury investigation; ``(4) whether his or her own conduct is under investigation by the grand jury; ``(5) the criminal statute, the violation of which is under consideration by the grand jury, if such statute is known at the time of issuance of the subpoena; ``(6) his or her rights regarding immunity; and ``(7) any other rights and privileges which the court deems necessary or appropriate. ``(i) Counsel for Grand Jury Witnesses.-- ``(1) In general.-- ``(A) Right of assistance.--Each witness subpoenaed to appear and testify before a grand jury in a district court, or to produce books, papers, documents, or other objects before that grand jury, shall be allowed the assistance of counsel during such time as the witness is questioned in the grand jury room. ``(B) Retention or appointment.--Counsel for a witness described in subparagraph (A)-- ``(i) may be retained by the witness; or ``(ii) in the case of a witness who is determined by the court to be financially unable to obtain counsel, shall be appointed as provided in section 3006A of title 18, United States Code. ``(2) Powers and duties of counsel.--A counsel retained by or appointed for a witness under paragraph (1)-- ``(A) shall be allowed to be present in the grand jury room only during the questioning of the witness and only to advise the witness; and ``(B) shall not be permitted to address any grand juror, or otherwise participate in the proceedings before the grand jury. ``(3) Powers of the court.-- ``(A) In general.--If the court determines that counsel retained by or appointed for a witness under this subdivision has violated paragraph (2), or that such action is necessary to ensure that the activities of the grand jury are not unduly delayed or impeded, the court may remove the counsel and either appoint new counsel or order the witness to obtain new counsel. ``(B) No effect on other sanctions.--Nothing in this paragraph shall be construed to affect the contempt powers of the court or the power of the court to impose other appropriate sanctions. ``(j) Exculpatory Evidence.--An attorney for the government shall disclose to the grand jury any substantial evidence of which that attorney has knowledge that directly negates the guilt of the accused. Failure to disclose such evidence may be the basis for a motion to dismiss the indictment, if the court determines that the evidence might reasonably be expected to lead the grand jury not to indict. ``(k) Availability of Grand Jury Transcripts and Other Statements.-- ``(1) In general.--Subject to paragraph (2), not later than 10 days before trial (unless the court shall for good cause determine otherwise), and after the return of an indictment or the filing of any information, a defendant shall, upon request, and as the court determines to be reasonable, be entitled to examine and duplicate a transcript or electronic recording of-- ``(A) the grand jury testimony of all witnesses to be called at trial; ``(B) all statements relating to the defendant's case made to the grand jury by the court, the attorney for the government, or a special attorney; ``(C) all grand jury testimony or evidence which in any manner could be considered exculpatory; and ``(D) all other grand jury testimony or evidence that is determined by the court to be material to the defense. ``(2) Exception.--The court may refuse to allow a defendant to examine and duplicate a transcript or electronic recording of any testimony, statement, or evidence described in paragraph (1), if the court determines that such examination or duplication would endanger any witness.''. (b) Conforming Amendments.--Section 3500(e) of title 18, United States Code, is amended-- (1) in paragraph (1), by adding ``or'' at the end; (2) in paragraph (2), by striking ``, or'' and inserting a period; and (3) by striking paragraph (3).

Summary: Grand Jury Reform Act of 1998 - Amends rule 6 of the Federal Rules of Criminal Procedure to direct the court, upon impaneling a grand jury, to instruct and charge it on the rights, responsibilities, and duties of the grand jury. Grants the court the authority to investigate violations under such rule, including the authority to appoint counsel to investigate and report to the court regarding violations. Directs that a witness subpoenaed to testify or produce information at any proceeding before a grand jury impaneled before a district court be given reasonable notice of: (1) the right to counsel; (2) privilege against self-incrimination; (3) the subject matter of the investigation; (4) whether the juror's conduct is under investigation; (5) the criminal statute the violation of which is under consideration (if known at the time); and (6) rights regarding immunity. Allows the assistance of counsel for each witness subpoenaed to appear and testify, or to produce documents or other objects, before a grand jury in a district court during such time as the witness is questioned in the grand jury room. Provides for the appointment of counsel in the case of a witness who is determined by the court to be financially unable to obtain counsel. Sets forth provisions regarding powers and duties of counsel, powers of the court, required disclosure of exculpatory evidence, and availability of grand jury transcripts and other statements.


SECTION 1. SUPPLY OF VACCINES. Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et seq.) is amended by adding at the end the following: ``Subtitle 3--Adequate Vaccine Supply ``SEC. 2141. SUPPLY OF VACCINES. ``(a) In General.-- ``(1) Plan.--Not later than 6 months after the date of enactment of this section, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall develop a plan for the purchase, storage, and rotation of a supply of vaccines sufficient to provide routinely recommended vaccinations for a 6-month period for-- ``(A) a national stockpile of vaccines for all children as authorized under section 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)); and ``(B) adults. ``(2) Supply.--The supply of vaccines under paragraph (1) shall-- ``(A) include all vaccines routinely recommended for children by the Advisory Committee on Immunization Practices; and ``(B) include all vaccines routinely recommended for adults by the Advisory Committee on Immunization Practices. ``(3) Supply authority.--The Secretary shall carry out-- ``(A) paragraph (2)(A) using the authority provided for under section 1928(d)(6) of the Social Security Act (42 U.S.C. 1396s(d)(6)); and ``(B) paragraph (2)(B) using-- ``(i) the authority provided for under section 317; and ``(ii) any other authority relating to the vaccines described in such paragraph. ``(b) Submission of Plan.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Secretary shall submit the plan developed under subsection (a) to-- ``(A) the Committee on Health, Education, Labor, and Pensions of the Senate; ``(B) the Committee on Finance of the Senate; and ``(C) the Committee on Energy and Commerce of the House of Representatives. ``(2) Inclusions.--The plan shall include a discussion of the considerations that formed-- ``(A) the basis for the plan; and ``(B) the prioritization of the schedule for purchasing vaccines set forth in the plan. ``(c) Implementation of the Plan.--Not later than September 30, 2006, the Secretary shall fully implement the plan developed under subsection (a). ``(d) Notice.-- ``(1) In general.--For the purposes of maintaining and administering the supply of vaccines described under subsection (a), the Secretary shall require by contract that the manufacturer of a vaccine included in such supply provide not less than 1 year notice to the Secretary of a discontinuance of the manufacture of the vaccine, or of other factors, that may prevent the manufacturer from providing vaccines pursuant to an arrangement made to carry out this section. ``(2) Reduction of period of notice.--The notification period required under paragraph (1) may be reduced if the manufacturer certifies to the Secretary that good cause exists for reduction, under the conditions described in section 506C(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c). ``(e) Proceeds.--Any proceeds received by the Secretary from the sale of vaccines contained in the supply maintained pursuant to this section, shall be available to the Secretary for the purpose of purchasing additional vaccines for the supply. Such proceeds shall remain available until expended. ``(f) Ongoing Reports.-- ``(1) In general.--Not later than 2 years after submitting the plan pursuant to subsection (b), and periodically thereafter, the Secretary shall submit a report to the Committees identified in subsection (b)(1) that-- ``(A) details the progress made in implementing the plan developed under subsection (a); and ``(B) notes impediments, if any, to implementing the plan developed under subsection (a). ``(2) Recommendation.--The Secretary shall include in the first of such reports required under paragraph (1)-- ``(A) a recommendation as to whether the vaccine supply should be extended beyond the 6-month period provided in subsection (a); and ``(B) a discussion of the considerations that formed the recommendation under subparagraph (A). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2004 through 2009.''.

Summary: Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to develop a plan for the purchase, storage, and rotation of vaccines and submit it to Congress. Declares that the supply of vaccines should be sufficient to provide for adults and children, for a six-month period, all vaccinations routinely recommended by the Advisory Committee on Immunization Practices. Directs the Secretary to require a manufacturer of a vaccine included in such supply to provide a one-year notice to the Secretary of a discontinuance of the manufacture of the vaccine or of other factors that may impede the supply of the vaccine. Permits a reduction of the period of notice for good cause. Authorizes appropriations through FY 2009.


SECTION 1. PAYMENT OF COMPENSATION TO MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE UNITED STATES CAPTURED BY JAPAN AND FORCED TO PERFORM SLAVE LABOR DURING WORLD WAR II. (a) Findings.--Congress makes the following findings: (1) During World War II, members of the Armed Forces of the United States fought valiantly against the Armed Forces of Japan in the Pacific. In particular, from December 1941 until May 1942, members of the Armed Forces of the United States fought courageously against overwhelming Armed Forces of Japan on Wake Island, Guam, the Philippine Islands, including the Bataan Peninsula and Corregidor, and the Dutch East Indies, thereby preventing Japan from accomplishing strategic objectives necessary for achieving a preemptive military victory in the Pacific during World War II. (2) During initial military action in the Philippines, members of the Armed Forces of the United States were ordered to surrender on April 9, 1942, and were forced to march 65 miles to prison camps at Camp O'Donnell, Cabanatuan, and Bilibid. More than 10,000 people of the United States died during the march (known as the ``Bataan Death March'') and during subsequent imprisonment as a result of starvation, disease, and executions. (3) Beginning in January 1942, the Armed Forces of Japan began transporting United States prisoners of war to Japan, Taiwan, Manchuria, and Korea to perform slave labor to support Japanese industries. Many of the unmarked merchant vessels in which the prisoners were transported (known as ``Hell Ships'') were attacked by the Armed Forces of the United States, which, according to some estimates, killed more than 3,600 people of the United States. (4) Following the conclusion of World War II, the Government of the United States agreed to pay compensation to former prisoners of war of the United States, amounting to $2.50 per day of imprisonment. This compensation, paid from assets of Japan frozen by the Government of the United States, is wholly insufficient to compensate fully such former prisoners of war for the conditions they endured. Neither the Government of Japan nor any corporations of Japan admit any liability requiring payment of compensation. (5) Other countries, including Canada, the United Kingdom, Isle of Man, Norway, the Netherlands, New Zealand, and Australia have previously awarded such a compensation to their surviving veterans who were captured by the Japanese during World War II and required to perform slave labor. Currently, the United States is the only Western Allied power that has not awarded similar compensation to these distinguished heroes of World War II who were prisoners of war of Japan. (b) Purpose.--The purpose of this section is to recognize, by the provision of compensation, the heroic contributions of the members of the Armed Forces and civilian employees of the United States who were captured by the Japanese military during World War II and denied their basic human rights by being forced to perform slave labor by the Imperial Government of Japan or by corporations of Japan during World War II. (c) Definitions.--In this section: (1) Covered veteran or civilian internee.--The term ``covered veteran or civilian internee'' means any individual who-- (A) is a citizen of the United States; (B) was a member of the Armed Forces, a civilian employee of the United States, or an employee of a contractor of the United States during World War II; (C) served in or with the Armed Forces during World War II; (D) was captured and held as a prisoner of war or prisoner by Japan in the course of such service; and (E) was required by the Imperial Government of Japan, or one or more corporations of Japan, to perform slave labor during World War II. (2) Slave labor.--The term ``slave labor'' means forced servitude under conditions of subjugation. (d) Payment of Compensation Required.-- (1) In general.--Subject to the availability of appropriated funds, the Secretary of Defense shall pay compensation to each living covered veteran or civilian internee, or to the surviving spouse of a covered veteran or civilian internee, in the amount of $20,000. (2) Rebuttable presumption.--An application for compensation submitted under this section by or with respect to an individual seeking treatment as a covered veteran or civilian internee under this section is subject to a rebuttable presumption that such individual is a covered veteran or civilian internee if the application on its face provides information sufficient to establish such individual as a covered veteran or civilian internee. (e) Relationship to Other Payments.--Any amount paid to a person under this section for activity described in subsection (c)(1)(D) is in addition to any other amount paid to such person for such activity under any other provision of law. (f) Inapplicability of Taxation or Attachment.--Any amount paid to a person under this section shall not be subject to any taxation, attachment, execution, levy, tax lien, or detention under any process whatever.

Summary: Directs the Secretary of Defense to pay (subject to the availability of appropriated funds) a specified amount of compensation to those members of the Armed Forces and U.S. civilian employees, or to the surviving spouses of such members and employees, who were captured by Japan and who were used as slave labor during World War II.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Trigger Lock Act of 1997''. SEC. 2. CHILD SAFETY LOCKS FOR FIREARMS. (a) Civil Prohibitions.-- (1) Prohibition against transfer of firearm without locking device attached.-- (A) Prohibition.--Effective 12 months after the date of the enactment of this Act, it shall be unlawful for any person, in or affecting commerce, to transfer a firearm in the United States, unless a locking device is attached to, or is an integral part of, the firearm. (B) Penalties.-- (i) Private transfers.--The Secretary shall impose a civil fine of $5,000 on any person, other than a licensed dealer or licensed manufacturer, who violates subparagraph (A). (ii) Transfers by federally licensed firearms dealers.--The Secretary shall impose a civil fine of $10,000 on any licensed dealer who violates subparagraph (A), and shall suspend or revoke any license issued under chapter 44 of title 18, United States Code, to the dealer. (iii) Transfers by federally licensed firearms manufacturers.--The Secretary shall impose a civil fine of $25,000 on any licensed manufacturer who violates subparagraph (A), and shall suspend or revoke any license issued under chapter 44 of title 18, United States Code, to the manufacturer. (2) Prohibition against manufacture of handgun without locking device attached.-- (A) Prohibition.--Effective 18 months after the date of the enactment of this Act, it shall be unlawful for any person, in or affecting commerce, to manufacture a handgun in the United States, unless a locking device that meets the minimum quality standards prescribed under subsection (e) is attached to, or is an integral part of, the firearm. (B) Penalties.--The Secretary shall impose a civil fine of $25,000 on any person who violates subparagraph (A), and shall suspend or revoke any license issued under chapter 44 of title 18, United States Code, to the manufacturer. (3) Prohibition against transfer of firearm by licensee without notice and warning.-- (A) Prohibition.--Effective 60 days after the date of the enactment of this Act, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to transfer a handgun that is not accompanied by the following, which shall be printed in \3/4\-inch type: ``THE USE OF A LOCKING BOX OR LOCKING DEVICE PLACED ON THE TRIGGER GUARD OF A FIREARM IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS AND THEIR AMMUNITION SHOULD BE STORED AND SECURED IN A LOCATION THAT IS INACCESSIBLE TO CHILDREN. ``IF MISUSED, HANDGUNS CAN RESULT IN UNINTENTIONAL INJURY OR LOSS OF LIFE. TRIGGER LOCKS LOWER THE RISK OF UNINTENTIONAL DISCHARGE, HOWEVER TRIGGER LOCKS DO NOT TOTALLY ELIMINATE THE RISK. ``FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM MAY RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW. FEDERAL LAW PROHIBITS THE POSSESSION OF A HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.''. (B) Penalties.-- (i) Transfers by federally licensed firearms dealers or importers.--The Secretary shall impose a civil fine of $10,000 on any licensed dealer or licensed importer who violates subparagraph (A), and shall suspend or revoke any license issued under chapter 44 of title 18, United States Code, to the dealer or importer. (ii) Transfers by federally licensed firearms manufacturers.--The Secretary shall impose a civil fine of $5,000 on any licensed manufacturer who violates subparagraph (A), and shall suspend or revoke any license issued under chapter 44 of title 18, United States Code, to the manufacturer. (4) Inapplicability to governmental entities.--Paragraphs (1), (2), and (3) shall not apply to conduct of, or authorized by, the United States or any department or agency thereof, or any State or any department, agency, or political subdivision thereof. (5) Judicial review.--Not later than 60 days after an individual receives notice from the Secretary of a decision to impose a fine on, or suspend or revoke a license of, the individual under this subsection, the individual may bring an action against the Secretary in any United States district court for de novo review of the decision. (b) Criminal Prohibition Against Adult Leaving Firearm and Ammunition With an Unsupervised Minor.-- (1) Prohibition.--Section 922 of title 18, United States Code, is amended by inserting after subsection (x) the following: ``(y)(1) It shall be unlawful for an adult to leave a loaded firearm, or an unloaded firearm and ammunition for the firearm, with a minor, unless the possession of the firearm by the minor is supervised by an adult who is not prohibited by Federal, State, or local law from possessing a firearm. ``(2) As used in paragraph (1): ``(A) The term `adult' means an individual who has attained 18 years of age. ``(B) The term `minor' means an individual who has not attained 18 years of age.''. (2) Penalties.--Section 924(a) of such title is amended by adding at the end the following: ``(7) Whoever knowingly violates section 922(y) shall, notwithstanding section 3571, be fined not more than $10,000, imprisoned not more than 1 year, or both.''. (c) Studies.-- (1) Standards for Locking Devices.-- (A) In general.--The National Institute of Justice and the Consumer Product Safety Commission shall each conduct a study to determine the feasibility of developing minimum quality standards for locking devices. (B) Report.--Not later than 90 days after the date of the enactment of this Act, the National Institute of Justice and the Consumer Product Safety Commission shall each submit to the Attorney General and the Secretary of the Treasury a report that includes the results of the study required of the entity by subparagraph (A) and any recommendations for legislative or regulatory action. (2) Results of this section.-- (A) In general.--The Director of the Centers for Disease Control shall conduct a study on the results of this section. (B) Report.--Not later than 18 months after the date of the enactment of this Act, the Director of the Centers for Disease Control and Prevention shall submit to the Attorney General and the Secretary of the Treasury a report that contains the findings of the study required by subparagraph (A). (d) Educational Programs.--For public service announcements and counter advertisements designed to educate the public on the proper storage of firearms, not more than $1,000,000 are authorized to be appropriated for fiscal year 1998 to each of the Attorney General and the Secretary of Health and Human Services, who shall coordinate their expenditure of the sums appropriated pursuant to this subsection, and the sums are authorized to remain available until expended. (e) Regulations Governing Manufacture of Locking Devices.--Within 6 months after the date of the enactment of this Act, the Secretary shall issue final regulations which prescribe minimum quality standards for locking devices. (f) Definitions.--As used in this section: (1) Locking device.--The term ``locking device'' means a device that-- (A) when installed and secured (with a key, electronic code, or electro-mechanically operated combination lock) on the trigger guard of a firearm, and while activated, prevents the firearm from being discharged; or (B) is incorporated into the design of, and is an integral part of, a handgun, and while activated, prevents the handgun from being discharged. (2) Other terms.--The terms ``State'', ``firearm'', ``handgun'', ``dealer'', ``licensed dealer'', ``manufacturer'', ``licensed manufacturer'', ``importer'', ``licensed importer'', and ``Secretary'' shall have the meanings given such terms in section 921(a) of title 18, United States Code.

Summary: Trigger Lock Act of 1997 - Prohibits the transfer of a firearm in the United States, in or affecting commerce, unless a locking device is attached to, or is an integral part of, the firearm. Sets penalties for private transfers and transfers by federally licensed firearms dealers and manufacturers. Prohibits and sets penalties for: (1) the manufacture of a handgun in the United States, in or affecting commerce, unless a locking device that meets specified minimum quality standards is attached to, or is an integral part of, the firearm; (2) the transfer by any licensed importer, manufacturer, or dealer of a handgun that is not accompanied by a specified printed message regarding firearm safety and storage; and (3) leaving a loaded firearm, or an unloaded firearm and ammunition, with a minor unless the possession by the minor is supervised by an adult who is not prohibited from possessing a firearm. Directs the National Institute of Justice and the Consumer Product Safety Commission to each study and report to the Attorney General and the Secretary of the Treasury on the feasibility of developing minimum quality standards for locking devices. Requires: (1) the Director of the Centers for Disease Control and Prevention to conduct a study on the results of this Act and report to the Attorney General and the Secretary; and (2) the Secretary to issue final regulations which prescribe minimum quality standards for locking devices. Authorizes appropriations for FY 1998 to the Attorney General and the Secretary of Health and Human Services who shall coordinate their expenditures for public service announcements and counter advertisements to educate the public on proper firearm storage.


SECTION 1. SHORT TITLE. This Act may be cited as the ``General Services Administration Modernization Act''. SEC. 2. FEDERAL ACQUISITION SERVICE. (a) Establishment.-- (1) In general.--Section 303 of title 40, United States Code, is amended to read as follows: ``Sec. 303. Federal Acquisition Service ``(a) Establishment.--There is established in the General Services Administration a Federal Acquisition Service. The Administrator of General Services shall appoint a Commissioner of the Federal Acquisition Service, who shall be the head of the Federal Acquisition Service. ``(b) Functions.--Subject to the direction and control of the Administrator of General Services, the Commissioner of the Federal Acquisition Service shall be responsible for carrying out functions related to the uses for which the Acquisition Services Fund is authorized under section 321 of this title, including any functions that were carried out by the entities known as the Federal Supply Service and the Federal Technology Service and such other related functions as the Administrator considers appropriate. ``(c) Regional Executives.--The Administrator may appoint Regional Executives in the Federal Acquisition Service, to carry out such functions within the Federal Acquisition Service as the Administrator considers appropriate.''. (2) Clerical amendment.--The item relating to section 303 at the beginning of chapter 3 of such title is amended to read as follows: ``303. Federal Acquisition Service.''. (b) Executive Schedule Compensation.--Section 5316 of title 5, United States Code, is amended by striking ``Commissioner, Federal Supply Service, General Services Administration.'' and inserting the following: ``Commissioner, Federal Acquisition Service, General Services Administration.''. (c) References.--Any reference in any other Federal law, Executive order, rule, regulation, reorganization plan, or delegation of authority, or in any document-- (1) to the Federal Supply Service is deemed to refer to the Federal Acquisition Service; (2) to the GSA Federal Technology Service is deemed to refer to the Federal Acquisition Service; (3) to the Commissioner of the Federal Supply Service is deemed to refer to the Commissioner of the Federal Acquisition Service; and (4) to the Commissioner of the GSA Federal Technology Service is deemed to refer to the Commissioner of the Federal Acquisition Service. SEC. 3. ACQUISITION SERVICES FUND. (a) Abolishment of General Supply Fund and Information Technology Fund.--The General Supply Fund and the Information Technology Fund in the Treasury are hereby abolished. (b) Transfers.--Capital assets and balances remaining in the General Supply Fund and the Information Technology Fund as in existence immediately before this section takes effect shall be transferred to the Acquisition Services Fund and shall be merged with and be available for the purposes of the Acquisition Services Fund under section 321 of title 40, United States Code (as amended by this Act). (c) Assumption of Obligations.--Any liabilities, commitments, and obligations of the General Supply Fund and the Information Technology Fund as in existence immediately before this section takes effect shall be assumed by the Acquisition Services Fund. (d) Existence and Composition of Acquisition Services Fund.-- Subsections (a) and (b) of section 321 of title 40, United States Code, are amended to read as follows: ``(a) Existence.--The Acquisition Services Fund is a special fund in the Treasury. ``(b) Composition.-- ``(1) In general.--The Fund is composed of amounts authorized to be transferred to the Fund or otherwise made available to the Fund. ``(2) Other credits.--The Fund shall be credited with all reimbursements, advances, and refunds or recoveries relating to personal property or services procured through the Fund, including-- ``(A) the net proceeds of disposal of surplus personal property; and ``(B) receipts from carriers and others for loss of, or damage to, personal property; and ``(C) receipts from agencies charged fees pursuant to rates established by the Administrator. ``(3) Cost and capital requirements.--The Administrator shall determine the cost and capital requirements of the Fund for each fiscal year and shall develop a plan concerning such requirements in consultation with the Chief Financial Officer of the General Services Administration. Any change to the cost and capital requirements of the Fund for a fiscal year shall be approved by the Administrator. The Administrator shall establish rates to be charged agencies provided, or to be provided, supply of personal property and non-personal services through the Fund, in accordance with the plan. ``(4) Deposit of fees.--Fees collected by the Administrator under section 313 of this title may be deposited in the Fund to be used for the purposes of the Fund.''. (e) Uses of Fund.--Section 321(c) of such title is amended in paragraph (1)(A)-- (1) by striking ``and'' at the end of clause (i); (2) by inserting ``and'' after the semicolon at the end of clause (ii); and (3) by inserting after clause (ii) the following new clause: ``(iii) personal services related to the provision of information technology (as defined in section 11101(6) of this title);''. (f) Payment for Property and Services.--Section 321(d)(2)(A) of such title is amended-- (1) by striking ``and'' at the end of clause (iv); (2) by redesignating clause (v) as clause (vi); and (3) by inserting after clause (iv) the following new clause: ``(v) the cost of personal services employed directly in providing information technology (as defined in section 11101(6) of this title); and''. (g) Transfer of Uncommitted Balances.--Subsection (f) of section 321 of such title is amended to read as follows: ``(f) Transfer of Uncommitted Balances.--Following the close of each fiscal year, after making provision for a sufficient level of inventory of personal property to meet the needs of Federal agencies, the replacement cost of motor vehicles, and other anticipated operating needs reflected in the cost and capital plan developed under subsection (b), the uncommitted balance of any funds remaining in the Fund shall be transferred to the general fund of the Treasury as miscellaneous receipts.''. (h) Conforming and Clerical Amendments.-- (1) Section 322 of such title is repealed. (2) The heading for section 321 of such title is amended to read as follows: ``Sec. 321. Acquisition Services Fund''. (3) The table of sections for chapter 3 of such title is amended by striking the items relating to sections 321 and 322 and inserting the following: ``321. Acquisition Services Fund.''. (4) Section 573 of such title is amended by striking ``General Supply Fund'' both places it appears and inserting ``Acquisition Services Fund''. (5) Section 604(b) of such title is amended-- (A) in the heading, by striking ``General Supply Fund'' and inserting ``Acquisition Services Fund''; and (B) in the text, by striking ``General Supply Fund'' and inserting ``Acquisition Services Fund''. (6) Section 605 of such title is amended-- (A) in subsection (a)-- (i) in the heading, by striking ``General Supply Fund'' and inserting ``Acquisition Services Fund''; and (ii) in the text, by striking ``General Supply Fund'' and inserting ``Acquisition Services Fund''; and (B) in subsection (b)(2)-- (i) by striking ``321(f)(1)'' and inserting ``321(f)''; and (ii) by striking ``General Supply Fund'' and inserting ``Acquisition Services Fund''. SEC. 4. PROVISIONS RELATING TO ACQUISITION PERSONNEL. Section 37 of the Office of Federal Procurement Policy Act (41 U.S.C. 433) is amended by adding at the end the following new subsection: ``(i) Provisions Relating to Reemployment.-- ``(1) Policies and procedures.--The head of each executive agency, after consultation with the Administrator and the Director of the Office of Personnel Management, shall establish policies and procedures under which the agency head may reemploy in an acquisition-related position (as described in subsection (g)(1)(A)) an individual receiving an annuity from the Civil Service Retirement and Disability Fund, on the basis of such individual's service, without discontinuing such annuity. The head of each executive agency shall keep the Administrator informed of the agency's use of this authority. ``(2) Service not subject to csrs or fers.--An individual so reemployed shall not be considered an employee for the purposes of chapter 83 or 84 of title 5, United States Code. ``(3) Criteria for exercise of authority.--Polices and procedures established pursuant to this subsection shall authorize the head of the executive agency, on a case-by-case basis, to continue an annuity if-- ``(A) the unusually high or unique qualifications of an individual receiving an annuity from the Civil Service Retirement and Disability Fund on the basis of such individual's service, ``(B) the exceptional difficulty in recruiting or retaining a qualified employee, or ``(C) a temporary emergency hiring need, makes the reemployment of an individual essential. ``(4) Reporting requirement.--The Administrator shall submit annually to the Committee on Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the use of the authority under this subsection, including the number of employees reemployed under authority of this subsection. ``(5) Sunset provision.--The authority under this subsection shall expire on December 31, 2011.''. SEC. 5. DISPOSAL OF FEDERAL SURPLUS PROPERTY TO HISTORIC LIGHT STATIONS. Section 549(c)(3)(B) of title 40, United States Code, is amended-- (1) in clause (vii), by striking ``or'' after the semicolon; (2) in clause (viii), by striking the period and inserting ``; or''; and (3) by adding at the end the following: ``(ix) a historic light station as defined under section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w-7(e)(2)), including a historic light station conveyed under subsection (b) of that section, notwithstanding the number of hours that the historic light station is open to the public.''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 60 days after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: General Services Administration Modernization Act - (Sec. 2) Establishes a Federal Acquisition Service in the General Services Administration (GSA) to be headed by a Commissioner who shall be responsible for carrying out functions related to the uses of the Acquisition Services Fund (created by this Act), including any functions that were carried out by the Federal Supply Service and the Federal Technology Service. Authorizes the Administrator to appoint Regional Executives in the Federal Acquisition Service to carry out such functions within that Service as the Administrator considers appropriate. (Sec. 3) Abolishes the General Supply Fund and the Information Technology Fund in the Treasury. Transfers remaining capital assets and balances in such Funds to the Acquisition Services Fund to be merged with, and be available for, the purposes of such Fund. Requires the Acquisition Services Fund to be credited with all reimbursements relating to personal property or services procured through the Fund, including: (1) the net proceeds of disposal of surplus personal property; and (2) receipts from carriers and others for loss of, or damage to, personal property; and (3) receipts from agencies charged fees pursuant to rates established by the Administrator. Requires the Administrator to determine cost and capital requirements of the Fund and develop a plan concerning such requirements in consultation with the Chief Financial Officer of GSA. Requires the Administrator, according to such plan, to establish rates to be charged agencies provided personal property and non-personal services through the Fund. Allows fees collected for recovering the costs of testing materials tendered for sale or lease to GSA or any procurement authority acting under GSA to be deposited in the Fund. Provides for: (1) the use of the Fund for personal services related to the provision of information technology; and (2) the Administrator to fix prices at levels sufficient to recover the cost of personal services employed directly in providing information technology. Sets requirements for the transfer of uncommitted balances in the Fund. (Sec. 4) Amends the Office of Federal Procurement Policy Act to direct the head of each executive agency to establish policies and procedures under which the agency head may reemploy in an acquisition-related position an individual receiving an annuity from the Civil Service Retirement and Disability Fund without discontinuing such annuity, if unique needs exist. Prohibits considering an individual so reemployed to be a federal employee for the purposes of the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). Requires the Administrator to submit annual reports to specified congressional committees on the use of such authority, including the number of employees reemployed under such authority. Terminates such authority on December 31, 2011. (Sec. 5) Amends federal law relating to donation of personal property through state agencies to provide for the transfer of historic light stations, including historic light stations conveyed under the National Historic Preservation Act, to such agencies for education or public health (including research) purposes to a nonprofit educational or public health institution or organization that is exempt from taxation under section 501 of the Internal Revenue Code.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom and Mobility in Consumer Banking Act''. SEC. 2. CONSUMER RIGHTS WITH RESPECT TO CLOSED ACCOUNTS. The Truth in Savings Act (12 U.S.C. 4301 et seq.) is amended-- (1) by striking section 262 and inserting the following: ``SEC. 262. FINDINGS AND PURPOSES. ``(a) Findings.--Congress finds that-- ``(1) economic stability would be enhanced, competition between depository institutions would be improved, and the ability of the consumer to make informed decisions regarding deposit accounts, and to verify accounts, would be strengthened if there were uniformity in the disclosure of terms and conditions on which interest is paid and fees are assessed in connection with such accounts; and ``(2) consumers lack meaningful choices for managing household funds because-- ``(A) despite dissatisfaction with rising account fees at some depository institutions, consumers often find it too difficult to move their funds to new deposit accounts; ``(B) the process of moving funds to new deposit accounts often involves several steps and substantial time to complete, and it is not always clear what the proper procedures are for closing an account at a given depository institution; ``(C) depository institutions have no obligation and may lack the technical capabilities to help consumers transfer automated deposits or debits from old accounts to new accounts, causing delays and confusion; ``(D) depository institutions may charge fees to close an account and withdraw available funds, which can impede banking mobility for low-income consumers; and ``(E) some depository institutions have engaged in the practice of reopening closed accounts without the consent of the consumer. ``(b) Purposes.--The purposes of this Act are-- ``(1) to allow consumers to make a meaningful comparison between competing claims of depository institutions with regard to deposit accounts by requiring the clear and uniform disclosure of-- ``(A) the rates of interest that are payable on deposit accounts by depository institutions; and ``(B) the fees that are assessable against deposit accounts; and ``(2) to protect rights of consumers by providing a framework establishing the rights, liabilities, and responsibilities of depository institutions and consumers in closing procedures for certain types of consumer deposit accounts.''; (2) by inserting after section 268 the following: ``SEC. 268A. CLOSURE OF COVERED ACCOUNTS. ``(a) In General.--A depository institution may not-- ``(1) prohibit a consumer from closing a covered account at the depository institution, regardless of whether the balance in the covered account is positive, zero, or negative; ``(2) charge any fee to close a covered account; or ``(3) reopen a covered account that a consumer has requested to be closed in accordance with this section to apply subsequent debits, whether preauthorized or otherwise, or for any other reason, unless the consumer expressly requests that the covered account be reopened. ``(b) Disclosures Required.--A depository institution shall provide to any consumer that opens a covered account at the depository institution a description of the policies and procedures that the depository institution has in place to close a covered account-- ``(1) at the time the consumer opens the covered account; ``(2) at any time, upon request of a consumer; and ``(3) on the website of the depository institution. ``(c) Regulations Relating to Closure of Covered Accounts.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, the Bureau, after consultation with each agency referred to in section 270(a), and public notice and opportunity for comment, shall prescribe final regulations to carry out this section. ``(2) Content.--The regulations required by this subsection shall-- ``(A) require that a depository institution close a covered account not later than 5 business days after the date on which a consumer makes a request to close the covered account, except that the closure of the covered account may be delayed-- ``(i) if a Federal or State law enforcement agency notifies the depository institution that the closure will interfere with a criminal investigation; or ``(ii) pursuant to any other exception that the Bureau determines is appropriate; ``(B) prescribe the methods by which a consumer may make a request to a depository institution to close a covered account, which, except as provided in subparagraph (C), shall include requests made in person, over the phone, or by other electronic or remote means; ``(C) allow a depository institution to require that a request by a consumer to close a covered account shall be made in person if the covered account contains an amount on deposit exceeding a certain monetary threshold, as determined and established by the Bureau; ``(D) establish procedures that require a depository institution to positively verify the identity of a consumer requesting to close a covered account before the depository institution closes the covered account, including procedures for a depository institution to follow if the depository institution is unable to verify the identity of the consumer; ``(E) establish procedures for a depository institution to provide a consumer with the funds contained in a covered account that the consumer has requested to close, which shall include procedures-- ``(i) that ensure that the consumer whose identity has been positively verified by the depository institution has access to any funds available for withdrawal at the time the consumer makes a request to the depository institution to close the covered account; ``(ii) that establish a reasonable amount of time for the depository institution to remit to the consumer the remainder of any funds in the closed covered account, including funds that are subject to a dispute between the depository institution and the consumer; and ``(iii) that allow a consumer whose identity has been positively verified by the depository institution to receive available funds from a covered account that the consumer has requested to close in the form of-- ``(I) a cashier's check provided to the consumer; ``(II) an electronic funds transfer to an account designated by the consumer; ``(III) any means offered by the depository institution that the consumer has requested; or ``(IV) any means that the Bureau determines appropriate; ``(F) except as provided under subparagraph (G), prohibit a depository institution from imposing any fee or charge on a covered account at the depository institution after the consumer has requested to close the covered account; ``(G) allow a depository institution to assess an overdraft fee after a consumer has requested to close a covered account, if such overdraft fee is associated with a transaction that was initiated by the consumer before the date on which the consumer made a request to the depository institution to close the covered account; ``(H) not limit the ability of a consumer to earn interest that a covered account had accrued before the date on which the consumer made a request to the depository institution to close the covered account; ``(I) establish procedures for a depository institution and a consumer to follow if a personal check written by the consumer is deposited by a person other than the consumer after the date on which the consumer has closed a covered account; ``(J) require the depository institution to provide the consumer with certain information before the depository institution closes a covered account of the consumer, including-- ``(i) a list of any preauthorized transactions relating to the covered account that occurred within the 60 days preceding the date on which the consumer made a request to the depository institution to close the covered account; ``(ii) a list of any preauthorized transactions scheduled to occur in the 60 days after the date on which the consumer made a request to the depository institution to close the covered account; ``(iii) a list of any direct deposits into the covered account in the 60 days preceding the date on which the consumer made a request to the depository institution to close the covered account; and ``(iv) any other information that the Bureau determines is necessary to provide consumers with adequate information about potential preauthorized activity relating to the covered account; ``(K) prohibit a depository institution from reporting an outstanding balance or any other adverse information with respect to a covered account at the depository institution to any consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a), if-- ``(i) at the time the covered account is closed, the covered account has a negative balance resulting solely from any fee assessed by the depository institution; and ``(ii) that information could be used to adversely affect the ability of the consumer to open an account at another depository institution; ``(L) establish the terms under which a depository institution may report that a covered account had a negative balance at the time of the closure of the covered account to a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act (15 U.S.C. 1681a), if the depository institution-- ``(i) notifies the consumer of the negative balance; and ``(ii) provides the consumer with a reasonable period of time, as determined and established by the Bureau, to repay the negative balance; and ``(M) include any other provisions, guidance, or exceptions that the Bureau determines are appropriate in order to facilitate the purposes of this section. ``(d) Study; Rulemaking.-- ``(1) Study.-- ``(A) In general.--The Comptroller General of the United States shall conduct a study to determine additional barriers that could limit the ability of a consumer to close a covered account. ``(B) Contents of study.--The study required under paragraph (1) shall include, at a minimum, analysis of-- ``(i) potential reforms to payment clearing and settlement systems that would enable depository institutions to notify consumers if a preauthorized recurring debit is directed to a covered account after the covered account has been closed; ``(ii) potential reforms to payment clearing and settlement systems that would automatically transfer any direct deposit, preauthorized transaction, or other similar scheduled activity relating to a closed covered account to another account designated by the consumer; ``(iii) other factors, including technological barriers, in payment clearing and scheduling systems that limit the ability of consumers to efficiently close a covered account and transfer funds to another account; and ``(iv) recommendations to Congress and the appropriate Federal banking agencies, including steps that the appropriate Federal banking agencies could take through rulemaking to facilitate the automatic transfer of funds from a closed covered account to another account designated by the consumer. ``(C) Report.--Not later than 1 year after the date of enactment of this subsection, the Comptroller General shall issue a report to the Congress and the Bureau of Consumer Financial Protection on the study required under subparagraph (A), including any findings and determinations made by the Comptroller General in carrying out such study. ``(2) Rulemaking.--Not later than 1 year after the Bureau receives the report issued under paragraph (1)(C) the Bureau shall-- ``(A) determine whether regulations should be issued to remove barriers that limit the ability of a consumer to close a covered account; and ``(B) if the Bureau determines that such regulations should be issued, the Bureau shall, in consultation with each agency referred to in section 270(a), and after public notice and opportunity for comment, issue such regulations.''; and (3) in section 274, by adding at the end the following: ``(9) Available for withdrawal.--The term `available for withdrawal', with respect to funds deposited, means available for all uses generally permitted to the customer for actually and finally collected funds under the account agreement with the depository institution or policies of the depository institution, such as for payment of checks drawn on the account, certification of checks drawn on the account, electronic payments, withdrawals by cash, and transfers between accounts. ``(10) Covered account.--The term `covered account' means any checking, savings, or any other account that the Bureau may include, by regulation.''.

Summary: Freedom and Mobility in Consumer Banking Act - Amends the Truth in Savings Act to prohibit depository institutions from: (1) prohibiting a consumer from closing a covered account (a checking, savings, or any other account that the Bureau of Consumer Financial Protection [CFPB] may include), regardless of whether the balance is positive, zero, or negative; (2) charging any fee to close such account; or (3) reopening such an account to apply subsequent debits after a consumer has requested the account to be closed, unless the consumer requests that the account be reopened. Requires depository institutions to provide consumers with a description of the policies and procedures in place to close such accounts at the time the account is opened, upon request, and on the websites of such institutions. Directs the CFPB to prescribe regulations relating to the closure of such accounts, including: (1) allowing consumers to receive available funds from a closed account in the form of a cashier's check, electronic funds transfer, or any other means offered by the institution or determined appropriate by the CFPB; (2) requiring depository institutions to provide consumers with certain information regarding any preauthorized transactions or direct deposits associated with an account before it is closed; (3) prohibiting a depository institution from reporting adverse information regarding such account to any consumer reporting agency if, at the time the account is closed, the account has a negative balance resulting solely from any fee assessed by the depository institution; and (4) establishing the terms under which a depository institution may report to a consumer reporting agency that an account had a negative closing balance, provided that the institution notifies the consumer and provides a reasonable period for repayment of the balance. Directs the Comptroller General (GAO) to report to Congress and the CFPB regarding additional barriers that could limit the ability of a consumer to close a covered account. Requires the CFPB, after receiving such report, to determine whether regulations should be issued to remove such barriers.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Classroom Safety Act of 2000''. SEC. 2. AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) Placement in Alternative Educational Setting.--Section 615(k) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)) is amended-- (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following: ``(10) Discipline with regard to weapons.-- ``(A) Authority of school personnel.-- Notwithstanding any other provision of this Act, school personnel may discipline (including expel or suspend) a child with a disability who-- ``(i) carries or possesses a weapon to or at a school, on school premises, or to or at a school function, under the jurisdiction of a State or a local educational agency, or ``(ii) possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance while at a school, on school premises, or to or at a school function, under the jurisdiction of a State or a local educational agency, in the same manner in which such personnel may discipline a child without a disability. Such personnel may modify the disciplinary action on a case-by-case basis. ``(B) Rule of construction.--Nothing in subparagraph (A) shall be construed to prevent a child with a disability who is disciplined pursuant to the authority provided under subparagraph (A) from asserting a defense that the carrying or possession of the weapon, or the possession of an illegal drug or sale or solicitation of the sale of a controlled substance, was unintentional or innocent. ``(C) Free appropriate public education.-- ``(i) Ceasing to provide education.-- Notwithstanding section 612(a)(1)(A), a child expelled or suspended under subparagraph (A) shall not be entitled to continue educational services, including a free appropriate public education, under this title, during the term of such expulsion or suspension, if the State in which the local educational agency responsible for providing educational services to such child does not require a child without a disability to receive educational services after being expelled or suspended. ``(ii) Providing education.-- Notwithstanding clause (i), the local educational agency responsible for providing educational services to a child with a disability who is expelled or suspended under subparagraph (A) may choose to continue to provide educational services to such child. If the local educational agency so chooses to continue to provide the services-- ``(I) nothing in this title shall require the local educational agency to provide such child with a free appropriate public education, or any particular level of service; and ``(II) the location where the local educational agency provides the services shall be left to the discretion of the local educational agency. ``(D) Relationship to other requirements.-- ``(i) Plan requirements.--No agency shall be considered to be in violation of section 612 or 613 because the agency has provided discipline, services, or assistance in accordance with this paragraph. ``(ii) Procedure.--Actions taken pursuant to this paragraph shall not be subject to the provisions of this section, other than this paragraph.''. (b) Conforming Amendments.--(1) Section 615(f)(1) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(f)(1)) is amended by striking ``Whenever'' and inserting the following: ``Except as provided in section 615(k)(10), whenever''. (2) Section 615(k)(1)(A)(ii) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(k)(1)(A)(ii)) is amended in the matter preceding subclause (I) by inserting before ``to an appropriate interim educational setting'' the following: ``except as provided in paragraph (10),''.

Summary: Authorizes such personnel to modify the disciplinary action on a case-by-case basis. Permits assertion of a defense that the offense was committed unintentionally or innocently. Allows the local educational agency (LEA) responsible for providing educational services to a child with a disability who is expelled or suspended under this Act to choose to continue to provide educational services to such child, but specifies that an LEA that so chooses to continue to provide services: (1) is not required by IDEA to provide such child with a free appropriate public education, or any particular level of service; and (2) has discretion as to the location where it provides the services.