SECTION 1. SHORT TITLE. This Act may be cited as the ``Respirator Access Assurance Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year millions of workers, responders, and citizens in the United States and around the world depend on the availability of respirators made in the United States for protection against exposure to hazardous materials and in the event of terrorist incidents, airborne disease epidemics, and other disasters. (2) Respirators are tested, and the design and labeling of respirators is regulated by an independent Federal agency, the National Institute for Occupational Safety and Health, which is part of the Centers for Disease Control and Prevention. NIOSH establishes the performance standards for respirators, independently tests and certifies that respirators meet its standards, and performs follow-up field audits of respirators to ensure continued compliance with NIOSH performance standards. Prior to the establishment of NIOSH, respirators were approved by the United States Bureau of Mines. (3) Respirator manufacturers and sellers do not and cannot control or determine the manner in which their products are used. (4) Manufacturers and sellers of respirators designed and labeled in compliance with NIOSH requirements have been named as defendants in a substantial number of product liability claims alleging that these NIOSH-approved designs and warnings are defective. (5) Respirators are sold in and have an effect on interstate commerce. (6) Manufacturers of respirators may cease making such products, in principal part because of the costs of litigation. (7) A continued United States capacity to manufacture and distribute respirators is necessary to assure that these products remain available. Lack of availability of respirators will increase risks to the health of millions of American workers and emergency responders. (8) The protections set forth in this Act are needed to assure the continued commercial availability of lifesaving respirators. SEC. 3. DEFINITIONS. In this Act: (1) Manufacturer.--The term ``Manufacturer'' means any person who, in the course of a business conducted for that purpose, designs, makes, produces, packages, or labels any respirator or component part of a respirator, or engages another to do so. (2) NIOSH.--The term ``NIOSH'' means the National Institute for Occupational Safety and Health. (3) NIOSH approval.--The term ``NIOSH approval'' means a certificate or formal document issued by NIOSH stating that an individual respirator or combination of respirators has met the minimum requirements of part 84 of title 42, Code of Federal Regulations, or part 11 of title 30, Code of Federal Regulations, and that the manufacturer is authorized to use and attach an approval label to any respirator manufactured in conformance with the plans and specifications upon which the approval was based. For purposes of this Act, NIOSH approval shall also mean certification or approval by any Federal Government agency with authority to approve respirators, including the United States Bureau of Mines and the Mine Safety and Health Administration. (4) Respirator.--The term ``Respirator'' means any device, including component or replacement parts for a device, designed to provide the wearer with respiratory protection against inhalation of a hazardous atmosphere. (5) Seller.--The term ``Seller'' means a person or entity, including a retailer, distributor, or wholesaler, that is regularly engaged in selling respirators. SEC. 4. EFFECT OF NIOSH APPROVAL OF DESIGN AND LABELING. (a) In General.--A manufacturer or seller of a respirator shall not be subject to any claim for defective design or warning relating to a respirator or any claim which is based on such an allegation if such respirator has received a NIOSH approval, and such respirator is manufactured in compliance with the NIOSH-approved design and labeling in effect on the date of manufacture. This provision shall not apply to a respirator that fails to comply with the NIOSH-approved design and labeling standards in effect on the date of manufacture. (b) Withdrawal of Approval.--Subsection (a) shall not apply to a manufacturer or seller of a respirator if NIOSH withdraws its approval for the respirator that is the subject of the claim involved based on a finding by NIOSH that the manufacturer or seller-- (1) withheld from or misrepresented to NIOSH material information about the respirator's design or labeling and the respirator otherwise would not have been approved; or (2) made an illegal payment to a NIOSH official or employee for the purpose of securing or maintaining approval of the respirator's design or labeling. (c) Statute of Limitations.--A statute of limitations that would otherwise apply to claims to which subsection (b) applies shall not begin to run until the date on which NIOSH withdraws its approval for the respirator involved. SEC. 5. PREEMPTION AND STATUTORY CONSTRUCTION. (a) Preemption.--The provisions of this Act shall supersede any and all State or local laws insofar as they may now or hereafter relate to any claim for defective design or warning relating to a respirator or any claim which is based on such an allegation if such respirator complied with the NIOSH-approved design and labeling in effect on the date of manufacture. (b) Statutory Construction.--Nothing in this Act may be construed to affect any defense available to a defendant under any other provision of State or Federal law, or to create a cause of action or Federal court jurisdiction pursuant to section 1331 or 1332 of title 28, United States Code, that otherwise would not exist under applicable law. SEC. 6. APPLICABILITY. This Act applies to any civil action in a Federal or State court, on the basis of any legal theory, for harm allegedly caused, directly or indirectly, by a respirator, a respirator manufacturer, or a respirator seller. SEC. 7. EFFECTIVE DATE. This Act shall become effective upon enactment and shall apply to any action that has not proceeded to trial as of the date of enactment, regardless of when the respirator was manufactured or sold.

Summary: Respirator Access Assurance Act of 2005 - States that manufacturers or sellers of respirators shall not be subject to claims for defective design or warning, or any claims based on such allegations, if the respirator in question received National Institute for Occupational Safety and Health (NIOSH) approval and was manufactured in compliance with NIOSH-approved design and labeling in effect on the date of manufacture. Provides for withdrawal of a previous NIOSH approval of a respirator on grounds of misrepresentation of material information or bribery of a NIOSH officer or employee (thus subjecting the manufacturer or seller to liability for a claim). Preempts all state and local laws with regard to such claims. Makes this Act applicable to any civil action in federal or state court for harm allegedly caused by a respirator, respirator manufacturer, or respirator seller. Applies this Act to any action than has not proceeded to trial as of the date of enactment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Bank Regulation Adjustment Act''. SEC. 2. CRIMINAL LIABILITY ESTABLISHED FOR CERTAIN ACTIVITIES RELATING TO CREDIT CARDS. Section 134 of the Truth in Lending Act (15 U.S.C. 1644) is amended-- (1) in the provision designated as subsection (d), by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C); (2) in the provision designated as subsection (e), by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); (3) by redesignating the provisions designated as subsections (a) through (f) as paragraphs (1) through (6), respectively; (4) by moving the left margin of paragraphs (1) through (6) (as so redesignated by paragraph (3) of this section) 2 ems to the right; (5) by striking ``or'' at the end of paragraph (5) (as so redesignated by paragraph (3) of this section); (6) by striking ``obtained--'' at the end of paragraph (6) (as so redesignated by paragraph (3) of this section) and inserting a semicolon; (7) by inserting immediately after paragraph (6) (as so redesignated) the following new paragraphs: ``(7) Whoever, with unlawful or fraudulent intent, utilizes, or conspires to utilize, an instrumentality of interstate or foreign commerce to notify a creditor in accordance with section 161 that a statement of account contains a billing error with regard to a transaction, knowing the statement to be correct with regard to such transaction; or ``(8) Whoever, with unlawful or fraudulent intent, utilizes, or conspires to utilize, an instrumentality of interstate or foreign commerce to notify a card issuer of an unauthorized use of a credit card with regard to a transaction knowing the use of the credit card in connection with such transaction to have been authorized,''; (8) by inserting the following subsection designation and heading immediately preceding paragraph (1) (as so redesignated): ``(a) In General.--''; and (9) by adding at the end the following new subsection: ``(b) Obtaining Credit Card by Fraudulent Means.--Whoever, with unlawful or fraudulent intent, utilizes, or conspires to utilize an instrumentality of interstate or foreign commerce-- ``(1) to submit an application for a credit card to a credit card issuer knowing the application to be forged, fictitious, altered, or fraudulent; ``(2) to submit false or misleading information to a credit card issuer; or ``(3) to apply for 2 or more credit cards from 1 or more credit card issuers within any 1-year period, shall be fined in accordance with title 18, United States Code, imprisoned for not more than 10 years, or both.''. SEC. 3. DECREASE IN CERTAIN BURDENS ASSOCIATED WITH CURRENCY TRANSACTION REPORTING REQUIREMENTS. Section 5313 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(h) Administrative Action Required.-- ``(1) Annual inflation adjustment.--Any amount established by the Secretary under subsection (a) which defines a transaction for which a report is required under such subsection shall be adjusted annually after December 31, 1997, by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers published by the Bureau of Labor Statistics.''. ``(2) Infrequent filers.-- ``(A) In general.--If the number of reports filed by a depository institution under subsection (a) averages less than 50 per month, the depository institution may file such reports on a quarterly basis. ``(B) Reporting of suspicious transactions not affected.--Subparagraph (A) shall not be construed as affecting any obligation of a depository institution to promptly report any suspicious transaction in accordance with section 5318(g).''. SEC. 4. REPEAL OF ``DUE ON DEMAND'' REQUIREMENT FOR LOANS TO INSIDERS. Section 22(g) of the Federal Reserve Act (12 U.S.C. 375a) is amended-- (1) in paragraph (1)-- (A) by inserting ``and'' after the semicolon at the end of subparagraph (B); (B) by striking ``; and'' at the end of subparagraph (C) and inserting a period; and (C) by striking subparagraph (D); (2) by striking paragraph (6); and (3) by redesignating paragraphs (7), (8), (9), and (10) as paragraphs (6), (7), (8), and (9), respectively. SEC. 5. REPEAL OF AUTHORITY TO ASSESS EXAMINATION FEES ON STATE DEPOSITORY INSTITUTIONS. (a) State Member Banks.--The 8th undesignated paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 326) is amended by striking the penultimate sentence (relating to assessments for examinations). (b) Nonmember State Depository Institutions.--Section 10(e)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1820(e)(1)) is amended by inserting ``Federal'' before ``depository institution''. SEC. 6. EFFECTIVE DATE OF BANKING REGULATIONS. (a) In General.--Except as provided in subsection (b), no regulation prescribed by any Federal banking agency shall take effect before the end of the 180-day period beginning on the date the regulation is published in final form in the Federal Register unless the Federal law under which such regulation is prescribed specifies an effective date for such regulation. (b) Exceptions for Regulations Reducing Burdens on Depository Institutions.--Subsection (a) shall not apply to any regulation the purpose of which is to reduce the administrative burden on depository institutions. (c) Definitions.--For purposes of this section, the terms ``depository institution'' and ``Federal banking agency'' have the meaning given to such terms in section 3 of the Federal Deposit Insurance Act. SEC. 7. OTHER PROVISIONS. (a) Field of Membership Authority.--Section 109 of the Federal Credit Union Act (12 U.S.C. 1759) is amended by striking ``Federal credit union membership shall be limited to groups having a common bond'' and inserting ``the membership of any Federal credit union shall be limited to groups having common bonds''. (b) Expansion of Voting Period Before Conversion to Another Form of Depository Institution.--Any regulation prescribed by the National Credit Union Administration under the Federal Credit Union Act which requires a vote by the members of an insured credit union (as defined in section 101(7) of the Federal Credit Union Act) in a special meeting or by mail to approve or disapprove a proposal by the credit union to transfer all or any portion of the deposits of the credit union to an insured depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act) shall allow the credit union to provide notice of such vote up to 90 days before the date of the vote. SEC. 8. EXEMPTION FOR FEES AND INCOME ATTRIBUTABLE TO CERTAIN ASSETS OF DEPOSITORY INSTITUTIONS. Notwithstanding any other provision of Federal law, the fees and income received by a depository institution (as defined in section 3(c) of the Federal Deposit Insurance Act) which are attributable to the 1st $350,000,000 of the total assets of such institution shall be excluded from gross income of such institution for purposes of any Federal tax on income for taxable years of the institution which begin after December 31, 1997.

Summary: Bank Regulation Adjustment Act - Amends the Truth in Lending Act to establish a criminal penalty for specified activities pertaining to fraudulent use of credit cards, including obtaining a credit card by fraudulent means. Amends Federal monetary law to mandate annual inflation adjustments with respect to specified transactions for which a domestic financial institution is required to file currency transaction reports. Permits filers of infrequent currency transaction reports to file on a quarterly basis. Amends the Federal Reserve Act to repeal: (1) the "due on demand" requirement for "insider loans" to executive bank officers; (2) reporting requirements pertaining to such loans; and (3) the authority of the Board of Governors of the Federal Reserve System to assess examination fees against State depository institutions. Amends the Federal Deposit Insurance Act to restrict to Federal depository institutions the assessment of examination fees by the Federal Deposit Insurance Corporation. States that the effective date for banking regulations shall be at the end of the 180-day period beginning on the date the regulation is published in final form in the Federal Register (unless Federal law specifically prescribes otherwise). Amends the Federal Credit Union Act to expand Federal credit union membership from groups having a common bond to groups having common bonds. Declares that any regulation prescribed by the National Credit Union Administration which requires a vote by the membership to approve or disapprove a proposal to transfer credit union deposits to an insured depository institution shall allow the credit union to provide notice of such vote up to 90 days before the date of the vote. Excludes from the gross income of a depository institution, for Federal tax purposes, the fees and income it receives which are attributable to the first $350 million of its total assets.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Cap Liquidity Reform Act of 2014''. SEC. 2. LIQUIDITY PILOT PROGRAM FOR SECURITIES OF CERTAIN EMERGING GROWTH COMPANIES. (a) In General.--Section 11A(c)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78k-1(c)(6)) is amended to read as follows: ``(6) Liquidity Pilot Program for Securities of Certain Emerging Growth Companies.-- ``(A) Quoting increment.--Beginning on the date that is 90 days after the date of the enactment of the Small Cap Liquidity Reform Act of 2014, the securities of a covered emerging growth company shall be quoted using-- ``(i) a minimum increment of $0.05; or ``(ii) if, not later than 60 days after such date of enactment, the company so elects in the manner described in subparagraph (D)-- ``(I) a minimum increment of $0.10; or ``(II) the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(B) Trading increment.--In the case of a covered emerging growth company the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph, the Commission shall determine the increment at which the securities of such company are traded. ``(C) Future right to opt out or change minimum increment.-- ``(i) In general.--At any time beginning on the date that is 90 days after the date of the enactment of the Small Cap Liquidity Reform Act of 2014, a covered emerging growth company the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph may elect in the manner described in subparagraph (D)-- ``(I) for the securities of such company to be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph; or ``(II) to change the minimum increment at which the securities of such company are quoted from $0.05 to $0.10 or from $0.10 to $0.05. ``(ii) When election effective.--An election under this subparagraph shall take effect on the date that is 30 days after such election is made. ``(iii) Single election to change minimum increment.--A covered emerging growth company may not make more than one election under clause (i)(II). ``(D) Manner of election.-- ``(i) In general.--An election is made in the manner described in this subparagraph by informing the Commission of such election. ``(ii) Notification of exchanges and other trading venues.--Upon being informed of an election under clause (i), the Commission shall notify each exchange or other trading venue where the securities of the covered emerging growth company are quoted or traded. ``(E) Issuers ceasing to be covered emerging growth companies.-- ``(i) In general.--If an issuer the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph ceases to be a covered emerging growth company, the securities of such issuer shall be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(ii) Exceptions.--The Commission may by regulation, as the Commission considers appropriate, specify any circumstances under which an issuer shall continue to be considered a covered emerging growth company for purposes of this paragraph after the issuer ceases to meet the requirements of subparagraph (L)(i). ``(F) Securities trading below $1.-- ``(i) Initial price.-- ``(I) At effective date.--If the trading price of the securities of a covered emerging growth company is below $1 at the close of the last trading day before the date that is 90 days after the date of the enactment of the Small Cap Liquidity Reform Act of 2014, the securities of such company shall be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(II) At ipo.--If a covered emerging growth company makes an initial public offering after the day described in subclause (I) and the first share of the securities of such company is offered to the public at a price below $1, the securities of such company shall be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(ii) Average trading price.--If the average trading price of the securities of a covered emerging growth company falls below $1 for any 90-day period beginning on or after the day before the date of the enactment of the Small Cap Liquidity Reform Act of 2014, the securities of such company shall, after the end of such period, be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(G) Fraud or manipulation.--If the Commission determines that a covered emerging growth company has violated any provision of the securities laws prohibiting fraudulent, manipulative, or deceptive acts or practices, the securities of such company shall, after the date of the determination, be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(H) Ineligibility for increased minimum increment permanent.--The securities of an issuer may not be quoted at a minimum increment of $0.05 or $0.10 under this paragraph at any time after-- ``(i) such issuer makes an election under subparagraph (A)(ii)(II); ``(ii) such issuer makes an election under subparagraph (C)(i)(I), except during the period before such election takes effect; or ``(iii) the securities of such issuer are required by this paragraph to be quoted using the increment at which such securities would be quoted without regard to the minimum increments established under this paragraph. ``(I) Additional reports and disclosures.--The Commission shall require a covered emerging growth company the securities of which are quoted at a minimum increment of $0.05 or $0.10 under this paragraph to make such reports and disclosures as the Commission considers necessary or appropriate in the public interest or for the protection of investors. ``(J) Limitation of liability.--An issuer (or any officer, director, manager, or other agent of such issuer) shall not be liable to any person (other than such issuer) under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision thereof, or any contract or other legally enforceable agreement (including any arbitration agreement) for any losses caused solely by the quoting of the securities of such issuer at a minimum increment of $0.05 or $0.10, by the trading of such securities at the increment determined by the Commission under subparagraph (B), or by both such quoting and trading, as provided in this paragraph. ``(K) Report to congress.--Not later than 6 months after the date of the enactment of the Small Cap Liquidity Reform Act of 2014, and every 6 months thereafter, the Commission, in coordination with each exchange on which the securities of covered emerging growth companies are quoted or traded, shall submit to Congress a report on the quoting and trading of securities in increments permitted by this paragraph and the extent to which such quoting and trading are increasing liquidity and active trading by incentivizing capital commitment, research coverage, and brokerage support, together with any legislative recommendations the Commission may have. ``(L) Definitions.--In this paragraph: ``(i) Covered emerging growth company.--The term `covered emerging growth company' means an emerging growth company, as defined in the first paragraph (80) of section 3(a), except that-- ``(I) such paragraph shall be applied by substituting `$750,000,000' for `$1,000,000,000' each place it appears; and ``(II) subparagraphs (B), (C), and (D) of such paragraph do not apply. ``(ii) Security.--The term `security' means an equity security. ``(M) Savings provision.--Notwithstanding any other provision of this paragraph, the Commission may-- ``(i) make such adjustments to the pilot program specified in this paragraph as the Commission considers necessary or appropriate to ensure that such program can provide statistically meaningful or reliable results, including adjustments to eliminate selection bias among participants, expand the number of participants eligible to participate in such program, and change the duration of such program for one or more participants; and ``(ii) conduct any other study or pilot program, in conjunction with or separate from the pilot program specified in this paragraph (as such program may be adjusted pursuant to clause (i)), to evaluate quoting or trading in various minimum increments.''. (b) Sunset.--Effective on the date that is 5 years after the date of the enactment of this Act, section 11A(c)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78k-1(c)(6)) is repealed. Passed the House of Representatives February 11, 2014. Attest: KAREN L. HAAS, Clerk.

Summary: Small Cap Liquidity Reform Act of 2014 - Amends the Securities Exchange Act of 1934 to establish a pilot liquidity program for equity securities of emerging growth companies (EGCs) with total annual gross revenues of less than $750 million, under which those securities shall be quoted using either: (1) a minimum increment of $0.05 or $0.10, or (2) the increment at which the securities would be quoted without regard to such minimum increments. Repeals the requirement for an SEC study examining the transition to trading and quoting securities in one penny increments, known as decimalization. Directs the Securities and Exchange Commission (SEC) to determine, in the case of an EGC whose securities are quoted at a minimum increment of either $0.05 or $0.10, the increment at which such securities are traded. Requires EGC securities quoted at a minimum increment of $0.05 or $0.10 to be traded at either such minimum increment or at one permitted by SEC regulations. Permits an EGC to opt out or change such minimum increment upon notifying the SEC 90 days after enactment of this Act. Limits any EGC to a single change of minimum increment (thus prohibiting any increases in the minimum). Requires the SEC, upon notification of an EGC election, to inform each trading venue where the EGC securities are quoted or traded. Requires that securities of issuers that cease to be EGCs be quoted at the increment at which such securities would be quoted without regard to the minimum increments established under this Act. Prescribes pricing and trading procedures governing securities trading below $1.00. Directs the SEC to require an EGC under this Act to submit additional reports and disclosures. Shields an issuer from liability for losses caused solely by the quoting or trading of its securities at a minimum increment of $0.05 or $0.10, another SEC-authorized increment, or by both such quoting and trading. Directs the SEC to report biannually to Congress on: (1) the quoting and trading of securities in increments permitted by this Act, and (2) the extent to which such quoting and trading increases liquidity and active trading by incentivizing capital commitment, research coverage, and brokerage support. Authorizes the SEC to: (1) make adjustments to the pilot program to ensure that it can provide statistically meaningful or reliable results, and (2) conduct any other study or pilot program to evaluate quoting or trading in various minimum increments. Sunsets the pilot program five years after enactment of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Officers' Defense Act''. SEC. 2. SUBSTANTIVE LIMITS. Section 2254 of title 28, United States Code, is amended by adding at the end the following: ``(j) Crimes Against Public Safety Officer.-- ``(1) Definition of public safety officer.--In this subsection, the term `public safety officer' has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b). ``(2) In general.--A court, justice, or judge shall not have jurisdiction to consider any claim relating to the judgment or sentence in an application described under paragraph (3), unless the applicant shows that the claim qualifies for consideration on the grounds described in subsection (e)(2). Any such application that is presented to a court, justice, or judge other than a district court shall be transferred to the appropriate district court for consideration or dismissal in conformity with this subsection, except that a court of appeals panel must authorize any second or successive application in conformity with section 2244 prior to any consideration by the district court. ``(3) Application of subsection.--This subsection shall apply to an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a public safety officer while the public safety officer was engaged in the performance of official duties, or on account of the public safety officer's performance of official duties.''. SEC. 3. TIME LIMITS. Section 2254(j) of title 28, United States Code, as added by section 2 of this Act, is further amended by adding at the end the following: ``(4) Time limits in district court.--For any application described under paragraph (3), in the district court the following shall apply: ``(A) Any motion by either party for an evidentiary hearing shall be filed and served not later than 90 days after the State files its answer or, if no timely answer is filed, the date on which such answer is due. ``(B) Any motion for an evidentiary hearing shall be granted or denied not later than 30 days after the date on which the party opposing such motion files a pleading in opposition to such motion or, if no timely pleading in opposition is filed, the date on which such pleading in opposition is due. ``(C) Any evidentiary hearing shall be-- ``(i) convened not less than 60 days after the order granting such hearing; and ``(ii) completed not more than 150 days after the order granting such hearing. ``(D) A district court shall enter a final order, granting or denying the application for a writ of habeas corpus, not later than 15 months after the date on which the State files its answer or, if no timely answer is filed, the date on which such answer is due, or not later than 60 days after the case is submitted for decision, whichever is earlier. ``(E) If the district court fails to comply with the requirements of this paragraph, the State may petition the court of appeals for a writ of mandamus to enforce the requirements. The court of appeals shall grant or deny the petition for a writ of mandamus not later than 30 days after such petition is filed with the court. ``(5) Time limits in court of appeals.--For any application described under paragraph (3), in the court of appeals the following shall apply: ``(A) A timely filed notice of appeal from an order issuing a writ of habeas corpus shall operate as a stay of that order pending final disposition of the appeal. ``(B) The court of appeals shall decide the appeal from an order granting or denying a writ of habeas corpus-- ``(i) not later than 120 days after the date on which the brief of the appellee is filed or, if no timely brief is filed, the date on which such brief is due; or ``(ii) if a cross-appeal is filed, not later than 120 days after the date on which the appellant files a brief in response to the issues presented by the cross-appeal or, if no timely brief is filed, the date on which such brief is due. ``(C)(i) Following a decision by a panel of the court of appeals under subparagraph (B), a petition for panel rehearing is not allowed, but rehearing by the court of appeals en banc may be requested. The court of appeals shall decide whether to grant a petition for rehearing en banc not later than 30 days after the date on which the petition is filed, unless a response is required, in which case the court shall decide whether to grant the petition not later than 30 days after the date on which the response is filed or, if no timely response is filed, the date on which the response is due. ``(ii) If rehearing en banc is granted, the court of appeals shall make a final determination of the appeal not later than 120 days after the date on which the order granting rehearing en banc is entered. ``(D) If the court of appeals fails to comply with the requirements of this paragraph, the State may petition the Supreme Court or a justice thereof for a writ of mandamus to enforce the requirements. ``(6) Application of time limits.-- ``(A) In general.--The time limitations under paragraphs (4) and (5) shall apply to an initial application described under paragraph (3), any second or successive application described under paragraph (3), and any redetermination of an application described under paragraph (3) or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings. ``(B) Remand in district court.--In proceedings following remand in the district court, time limits running from the time the State files its answer under paragraph (4) shall run from the date the remand is ordered if further briefing is not required in the district court. If there is further briefing following remand in the district court, such time limits shall run from the date on which a responsive brief is filed or, if no timely responsive brief is filed, the date on which such brief is due. ``(C) Remand in court of appeals.--In proceedings following remand in the court of appeals, the time limit specified in paragraph (5)(B) shall run from the date the remand is ordered if further briefing is not required in the court of appeals. If there is further briefing in the court of appeals, the time limit specified in paragraph (5)(B) shall run from the date on which a responsive brief is filed or, if no timely responsive brief is filed, from the date on which such brief is due. ``(7) Failure to comply.--The failure of a court to meet or comply with a time limitation under this subsection shall not be a ground for granting relief from a judgment of conviction or sentence, nor shall the time limitations under this subsection be construed to entitle a capital applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal.''. SEC. 4. APPLICATION TO PENDING CASES. (a) In General.--The amendments made by this Act shall apply to cases pending on or after the date of enactment of this Act. (b) Time Limits.--In a case pending on the date of enactment of this Act, if the amendments made by this Act provide that a time limit runs from an event or time that has occurred prior to such date of enactment, the time limit shall run instead from such date of enactment.

Summary: Public Safety Officers' Defense Act - Amends the Federal judicial code to deny a court, justice, or judge jurisdiction to consider any claim relating to the judgment or sentence in an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for killing a public safety officer, unless the applicant shows constitutional error or that the claim qualifies for consideration based on a new rule of constitutional law or a factual predicate that could not have been previously discovered. Directs that any such application presented to a court, justice, or judge other than a district court be transferred to the appropriate district court for consideration or dismissal, with an exception. Sets forth requirements regarding time limits in: (1) district court (e.g., any motion by either party for an evidentiary hearing shall be filed and served not later than 90 days after the State files its answer); and (2) the court of appeals (e.g., the court shall decide the appeal from an order granting or denying a writ of habeas corpus not later than 120 days after the date on which the brief of the appellee is filed). Makes time limitations under this Act applicable to an initial application, a second or successive application, and any re-determination of an application or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Affordable Transaction Account Act of 2001''. SEC. 2. AFFORDABLE BANKING SERVICES. (a) In General.--Except as otherwise provided in this section, each insured depository institution shall make available to consumers a consumer transaction account, to be known as an ``affordable transaction account'', with the following features to be prescribed jointly by the Federal banking agencies, by regulation: (1) Initial deposit.--The maximum amount which an insured depository institution may require as an initial deposit, if any. (2) Minimum balance.--The maximum amount an insured depository institution may require as a minimum balance, if any, to maintain such account. (3) Minimum number of free withdrawals.--A minimum of 8 withdrawal transactions, including withdrawals by negotiable or transferable instruments for the purpose of making payments to third parties and electronic fund transfers, during any periodic cycle at no additional charge to the account holder. (4) Maximum monthly service charge.--The maximum amount an insured depository institution may charge per periodic cycle for the use of such account. (b) Fees for Withdrawal Transactions in Excess of Minimum Number of Free Withdrawals.-- (1) In general.--Subject to paragraph (2), in the case of any affordable transaction account-- (A) an insured depository institution may impose a reasonable per-transaction charge for any withdrawal transaction described in subsection (a)(3) other than a transaction required under such subsection to be provided free; or (B) the depository institution may impose the fees and charges normally applied to other consumer transaction accounts available at that depository institution. (2) Limitations.-- (A) Periodic cycle fee adjustment.--The amount of any charge per periodic cycle imposed by an insured depository institution on any affordable transaction account pursuant to paragraph (1)(B) shall be reduced by the charge imposed under subsection (a)(4). (B) Maximum amount.--At no time shall the total amount of fees and charges imposed by an insured depository institution on any affordable transaction account exceed the total amount of fees and charges that is normally applied to other consumer transaction accounts available at the depository institution. (c) Conditions for Opening Any Affordable Transaction Account.--An insured depository institution may require as a condition for opening or maintaining any affordable transaction account that-- (1) the holder of the account be a resident of the State in which the account is opened or maintained; and (2) the deposits to the account of recurring payments such as Social Security, wage, or pension payments be made by direct deposit if that form of deposit is available to both the consumer and the depository institution. (d) Other Terms and Conditions.-- (1) In general.--Except as provided in this section and any regulations prescribed under this section, any affordable transaction account may be offered by an insured depository institution subject to the same rules, conditions, and terms normally applicable to other consumer transaction accounts offered by the depository institution. (2) Prohibition on discrimination against affordable transaction account holders in providing other services.--The amount of any fee or charge imposed on a holder of any affordable transaction account by an insured depository institution for specific services provided to such account holder which are not directly related to the maintenance of such account may not exceed the fee or charge imposed by the depository institution for providing the same services in connection with other consumer transaction accounts offered by the depository institution. (e) Affordable Transaction Accounts Not Required for Individuals Who Maintain Other Transaction Accounts.--An insured depository institution shall not be required to permit any person to open or maintain an affordable transaction account pursuant to this section if such person maintains another consumer transaction account either at that depository institution or any other insured depository institution. (f) Alternative Arrangements.--In lieu of the affordable transaction account required by this section, an insured depository institution may make available an alternative form of account or other banking services if the appropriate Federal banking agency determines that such alternative form of account or services are at least as advantageous to consumers as the affordable transaction account. (g) Disclosure Requirements.-- (1) Posted notices.--If an insured depository institution posts in the public area of any office of the institution a notice of the availability of other consumer transaction accounts, the depository institution shall also post equally conspicuous notice in such public area and in the same manner the availability of its affordable transaction accounts. (2) Printed material.--If an insured depository institution makes available in the public area of any office of the institution printed material describing the terms of its other consumer transaction accounts, the depository institution shall also make comparable descriptive printed material concerning the affordable transaction accounts available in the same such area and in the same manner. (h) Definitions.--For purposes of this section, the following definitions shall apply: (1) Consumer transaction account.--For purposes of this section, the term ``consumer transaction account'' means a demand deposit account, negotiable order of withdrawal account, share draft account, or any similar transaction account used primarily for personal, family or household purposes. (2) Depository institution.--The term ``depository institution'' has the same meaning as in section 19(b)(1)(A) of the Federal Reserve Act. (3) Federal banking agency.--The term ``Federal banking agency''-- (A) has the same meaning as in section 3(z) of the Federal Deposit Insurance Act; and (B) includes the National Credit Union Administration Board. (4) Insured depository institution.--The term ``insured depository institution''-- (A) has the same meaning as in section 3(c)(2) of the Federal Deposit Insurance Act; and (B) includes an insured credit union (as defined in section 101(7) of the Federal Credit Union Act). (i) Compliance With More Stringent State Law.--If a depository institution operates in a State the laws of which, including regulations, require a depository institution operating in such State to meet requirements for affordable transaction accounts which are more advantageous to the consumer than the requirements of this section or the regulations prescribed under this section, such depository institution may not be treated as a qualified depository institution for purposes of section 19(b)(12) of the Federal Reserve Act, unless such depository institution meets the requirements of this section and the requirements of such State law. (j) Rule of Construction.--No provision of this section, title LXII of the Revised Statutes of the United States, the Home Owners' Loan Act, the Bank Enterprise Act of 1991, the Alternative Mortgage Transaction Parity Act of 1982, or any other Federal law may be construed as preempting, or providing any basis for the Comptroller of the Currency or the Director of the Office of Thrift Supervision to conclude that Federal law in any way preempts, the law of any State which requires depository institution operating in that State to provide affordable transaction accounts, including the Omnibus Consumer Protection and Banking Deregulation Act of 1994 of the State of New York and the New Jersey Consumer Checking Account Act (as in effect on the date of the enactment of this Act). (k) Coordination of Regulations.--Each Federal banking agency shall-- (1) consult and coordinate with other Federal banking agencies to ensure that regulations prescribed by each such agency are consistent with and comparable to the regulations prescribed by each other such agency; and (2) prescribe regulations in final form to implement this section before the end of the 6-month period beginning on the date of the enactment of this Act.

Summary: Consumer Affordable Transaction Account Act of 2001 - Requires each insured depository institution to make available to consumers an "affordable transaction account" containing specified features to be prescribed jointly by the Federal banking agencies, including at least eight free withdrawals per month.Prohibits the imposition of fees upon such account holders which are discriminatory in nature. Authorizes alternative account arrangements.Requires notice of availability of affordable transaction accounts to be posted upon the premises in the same manner as the depository institution posts notice of its other account products.Mandates depository institution compliance with more stringent State law where applicable.


That the 29th Division Association, Incorporated, a nonprofit corporation organized under the laws of the State of New Jersey, is recognized as such and is granted a Federal charter. powers Sec. 2. The 29th Division Association, Incorporated (hereinafter in this Act referred to as the ``corporation''), shall have only those powers granted to it through its bylaws and articles of incorporation filed in the State or States in which it is incorporated and subject to the laws of such State or States. objects and purposes of corporation Sec. 3. The objects and purposes of the corporation are those provided in its articles of incorporation and shall include-- (1) the promotion of fellowship among its members; (2) the perpetuation of the record of the 29th Division, United States Army, in the World Wars; (3) the promotion of the welfare of its members, their families, and the families of the members of the Division who lost their lives in the service of Our Country; (4) the consideration of questions concerning the military policy of the United States of America; and (5) to uphold and defend the Constitution of the United States of America. service of process Sec. 4. With respect to service of process, the corporation shall comply with the laws of the State or States in which it is incorporated and the State or States in which it carries on its activities in furtherance of its corporate purposes. membership Sec. 5. (a) Subject to subsection (b), eligibility for membership in the corporation and the rights and privileges of members of the corporation shall be as provided in the constitution and bylaws of the corporation. (b) Terms of membership and requirements for holding office within the corporation shall not discriminate on the basis of race, color, national origin, sex, religion, or handicapped status. board of directors; composition; responsibilities Sec. 6. The composition of the board of directors of the corporation and the responsibilities of such board shall be as provided in the articles of incorporation of the corporation and shall be in conformity with the laws of the State or States in which it is incorporated. officers of corporation Sec. 7. The positions of officers of the corporation and the election of members to such positions shall be as provided in the articles of incorporation of the corporation and shall be in conformity with the laws of the State or States in which it is incorporated. restrictions Sec. 8. (a) No part of the income or assets of the corporation may inure to the benefit of any member, officer, or director of the corporation or be distributed to any such individual during the life of this charter. Nothing in this subsection shall be construed to prevent the payment of reasonable compensation to the officers of the corporation or reimbursement for actual and necessary expenses in amounts approved by the board of directors. (b) The corporation may not make any loan to any officer, director, or employee of the corporation. (c) The corporation may not contribute to, support, or otherwise participate in any political activity or attempt in any manner to influence legislation. No officer or director of the corporation, acting as such officer or director, may commit any act prohibited under this subsection. (d) The corporation shall have no power to issue any shares of stock nor to declare or pay any dividends. (e) The corporation shall not claim congressional approval or Federal Government authority for any of its activities. liability Sec. 9. The corporation shall be liable for the acts of its officers and agents whenever such officers and agents have acted within the scope of their authority. books and records; inspection Sec. 10. The corporation shall keep correct and complete books and records of account and minutes of any proceeding of the corporation involving any of its members, the board of directors, or any committee having authority under the board of directors. The corporation shall keep, at its principal office, a record of the names and addresses of all members having the right to vote in any proceeding of the corporation. All books and records of such corporation may be inspected by any member having the right to vote in any corporation proceeding, or by any agent or attorney of such member, for any proper purpose at any reasonable time. Nothing in this section shall be construed to contravene any applicable State law. audit of financial transactions Sec. 11. The first section of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101), is amended by adding at the end thereof the following: ``(74) 29th Division Association, Incorporated.''. annual report Sec. 12. The corporation shall report annually to the Congress concerning the activities of the corporation during the preceding fiscal year. Such annual report shall be submitted at the same time as the report of the audit of the corporation required by section 2 of the Act entitled ``An Act to provide for audit of accounts of private corporations established under Federal law'', approved August 30, 1964 (36 U.S.C. 1101). The report shall not be printed as a public document. reservation of right to amend, alter, or repeal charter Sec. 13. The right to amend, alter, or repeal this Act is expressly reserved to the Congress. definition of state Sec. 14. For purposes of this Act, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States. tax-exempt status Sec. 15. The corporation shall maintain its status as an organization exempt from taxation as provided in the Internal Revenue Code of 1986. termination Sec. 16. If the corporation fails to comply with any of the restrictions or provisions of this Act, the charter granted by this Act shall expire.

Summary: Grants a Federal Charter to the 29th Division Associated, Inc. (a nonprofit corporation organized under the laws of New Jersey).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Educators in Military Service Act of 2005''. SEC. 2. TEACHERS WHO SERVED IN THE ARMED FORCES. (a) Teachers Generally.--Subsection (a) of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended-- (1) in paragraph (2)-- (A) in the matter before subparagraph (A), by inserting ``subject to paragraph (4),'' after ``plan described in section 1111,''; (B) in subparagraph (A), by inserting ``subject to paragraph (4),'' before ``shall include''; (2) in paragraph (3), by striking ``As part of the plan'' and inserting ``Subject to paragraph (4), as part of the plan''; and (3) by adding at the end the following: ``(4) Teachers serving in the military.-- ``(A) Extension.--The date by which a State educational agency is required under paragraph (2) to ensure that all teachers teaching in core academic subjects within the State are highly qualified (the end of the 2005-2006 school year), and the date by which a local educational agency is required under paragraph (3) to ensure that all teachers teaching within the school district served by the agency are highly qualified (the end of the 2005-2006 school year), shall be extended to the date determined under subparagraph (C) with respect to eligible teachers described in subparagraph (B). ``(B) Eligible teacher.--For purposes of this paragraph, the term `eligible teacher' means an individual who-- ``(i) is or has been a public elementary school or secondary school teacher and is not described in subsection (a)(1); and ``(ii) is on active duty as a member of the Armed Forces, or is on full-time duty as a member of the National Guard of a State under an order to State active duty under title 32, United States Code, or under State law, on or after January 8, 2002. ``(C) Determination of date.--The date determined under this subparagraph is the later of the following: ``(i) The first day of the first school year beginning on or after the date determined by extending the deadline described in subparagraph (A) for a period equal to the number of days in the teacher's applicable period of military service. ``(ii) If the teacher was enrolled in coursework or professional development that would have contributed toward the teacher becoming highly qualified and the teacher's applicable period of military service interrupted such coursework or professional development, the last day of the next session of equivalent coursework or professional development that begins on or after the date determined by extending the deadline described in subparagraph (A) for a period equal to the number of days in the teacher's applicable period of military service. ``(D) Applicable period of military service.--For purposes of this paragraph, the term `applicable period of military service' means, with respect to an eligible teacher, the period (or sum of periods) that interrupts the teacher's employment as a public elementary school or secondary school teacher and during which the teacher is on active duty as a member of the Armed Forces or is on full-time duty as a member of the National Guard of a State under an order to State active duty under title 32, United States Code, or under State law-- ``(i) beginning on the later of-- ``(I) January 8, 2002; or ``(II) the date on which the teacher begins such period of active duty or full-time duty; and ``(ii) ending on the earlier of-- ``(I) the end of the 2005-2006 school year; or ``(II) the date on which the teacher ceases any such active duty or full-time duty.''. (b) New Special Education Teachers.--Clause (iii) of section 602(10)(D) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(10)(D)) is amended to read as follows: ``(iii) in the case of a new special education teacher who teaches multiple subjects and who is highly qualified in mathematics, language arts, or science, demonstrate competence in the other core academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary school teacher under section 9101(23)(C)(ii) of such Act, which may include a single, high objective uniform State standard of evaluation covering multiple subjects-- ``(I) not later than 2 years after the date of employment; or ``(II) in the case of such a new special education teacher who begins a period during which the teacher is on active duty as a member of the Armed Forces or is on full-time duty as a member of the National Guard of a State under an order to State active duty under title 32, United States Code, or under State law, within 2 years of such date of employment as a special education teacher, not later than the end of the period that is 2 years plus the number of days of such active duty or full-time duty after such date of employment.''. SEC. 3. PARAPROFESSIONALS WHO SERVED IN THE ARMED FORCES. Subsection (d) of section 1119 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) is amended-- (1) by striking ``Each local'' and inserting the following: ``(1) In general.--Subject to paragraph (2), each local''; and (2) by adding at the end the following: ``(2) Paraprofessionals serving in the military.-- ``(A) Extension.--The date by which a local educational agency is required under paragraph (1) to ensure that all paraprofessionals described in such paragraph satisfy the requirements of subsection (c) shall be extended to the date determined under subparagraph (C) with respect to eligible paraprofessionals described in subparagraph (B). ``(B) Eligible paraprofessional.--For purposes of this paragraph, the term `eligible paraprofessional' means an individual who-- ``(i) is a paraprofessional described in paragraph (1); and ``(ii) is on active duty as a member of the Armed Forces, or is on full-time duty as a member of the National Guard of a State under an order to State active duty under title 32, United States Code, or under State law, on or after January 8, 2002. ``(C) Determination of date.--The date determined under this subparagraph is the later of the following: ``(i) The first day of the first school year beginning on or after the date determined by extending the deadline described in subparagraph (A) for a period equal to the number of days in the paraprofessional's applicable period of military service. ``(ii) If the paraprofessional was enrolled in coursework or professional development that would have contributed toward the paraprofessional becoming highly qualified and the paraprofessional's applicable period of military service interrupted such coursework or professional development, the last day of the next session of equivalent coursework or professional development that begins on or after the date determined by extending the deadline described in subparagraph (A) for a period equal to the number of days in the paraprofessional's applicable period of military service. ``(D) Applicable period of military service.--For purposes of this paragraph, the term `applicable period of military service' means, with respect to an eligible paraprofessional, the period (or sum of periods) that interrupts the paraprofessional's employment in a public elementary school or secondary school and during which the paraprofessional is on active duty as a member of the Armed Forces or is on full-time duty as a member of the National Guard of a State under an order to State active duty under title 32, United States Code, or under State law-- ``(i) beginning on the later of-- ``(I) January 8, 2002; or ``(II) the date on which the paraprofessional begins such period of active duty or full-time duty; and ``(ii) ending on the earlier of-- ``(I) the end of the 2005-2006 school year; or ``(II) the date on which the paraprofessional ceases any such active duty or full-time duty.''.

Summary: Educators in Military Service Act of 2005 - Amends the Elementary and Secondary Education Act of 1965 to extend the deadlines by which state and local educational agencies are required to ensure that teachers or paraprofessional educators are highly qualified in order to account for their applicable periods of military service. Amends the Individuals with Disabilities Act to extend similar deadlines with respect to new special education teachers.


SECTION 1. SHORT TITLE. This Act may be referred to as the ``Rural Alaska Access Rights Act of 1999''. SEC. 2. AMENDMENT OF ACT. The Alaska National Interest Lands Conservation Act (Public Law 96- 487; 94 Stat. 2371) is amended as follows: (a) Section 101 is amended by adding a new subsection (e) as follows: ``(e) All Federal public land managers in Alaska, or a region that includes Alaska, shall participate in an Alaska National Interest Lands Conservation Act (ANILCA) training class, as outlined in this legislation, to be completed within 120 days after enactment. All future appointed Federal public land managers in Alaska, or a region containing Alaska, shall complete ANILCA training within 60 days of assuming their position.''. (b) Section 103(c) is amended by inserting ``validly selected or'' in the second sentence before the word ``conveyed''. (c) In section 1102, add a new subsection (5) at the end as follows: ``(5) The term `compatible with the uses for which the unit was established' means activities which would not cause significant adverse impacts on conservation system units purposes.''. (d) Section 1105 is amended by designating the existing language as subsection (a) and inserting a new subsection (b) as follows: ``(b) any alternative route that may be identified by the head of the Federal agency shall not be less economically feasible and prudent than the route being sought by the applicant.''. (e) Section 1109 is amended by deleting ``access.'' and inserting in lieu thereof: ``access, including rights-of-way established under Revised Statute 2477.''. (f) The second sentence of section 1110(a) is amended by adding ``specifically and tangibly'' before the word ``detrimental''. (g) The second sentence in section 1110(a) is amended by striking ``area'' and inserting in lieu thereof: ``area: except that (1) reasonable regulations shall not include any requirements for the demonstration of pre-existing use and (2) the Secretary shall limit any prohibitions to the smallest area practicable and to the shortest period of time. No prohibition may be imposed prior to formal consultation with and consideration of the views of the State of Alaska.''. (h) The last sentence of section 1110(b) is amended by inserting ``may include easements, right-of-way, or other interests in land or permits and'' after ``such rights''. (i) In the last sentence of section 1110(b), strike ``lands.'' and insert in lieu thereof: ``lands, except that the Secretary may not impose any unreasonable fees or charges on those seeking to exercise their rights under this subsection. Individuals or entities possessing rights under this subsection shall not be subject to the requirement of sections 1104, 1105, 1106, and 1107 of this Act.''. (j) Section 1301(d) is amended by striking ``permit'' in the final sentence and inserting in lieu thereof ``shall enable''. (k) Section 1303(a)(1)(D) is amended by striking ``located.'' and inserting in lieu thereof: ``located, except that the applicant may not be required to waive, forfeit, or relinquish any possessory or personal interests in a cabin or structure.''. (l) Section 1303(a)(2)(D) is amended by striking ``located.'' and inserting in lieu thereof: ``located, except that the applicant may not be required to waive, forfeit, or relinquish any possessory or personal interests in a cabin or structure.''. (m) Section 1303(b)(3)(D) is amended by striking ``located.'' and inserting in lieu thereof: ``located, except that the applicant may not be required to waive, forfeit, or relinquish any possessory or personal interests in a cabin or structure.''. (n) Section 1303 is amended by adding a new subsection (e) as follows: ``(e)(1) All permits, permit renewals, or renewal or continuation of valid leases issued pursuant to this section shall provide for repair, maintenance, and replacement activities and may authorize alterations to cabins and similar structure that do not constitute a significant impairment of unit purposes. Reasonable access, including access by aircraft, shall be afforded to permittees and lessees for these purposes. ``(2) Fees for all permits and leases issued pursuant to this section shall be reasonable and consistent with purpose of maintaining and facilitating authorized use. Reasonable fees are those that enable the issuing agency to recover and may not exceed permit or lease processing costs. ``(3) For purposes of this section, a claimant shall include persons who have regularly used a cabin related to the provision of authorized fishing or hunting services.''. (o) Section 1307 (a) is amended by adding a new sentence at the end as follows: ``Inability to provide the service for up to a five year period shall not constitute a relinquishment of a right under this section.''. (p) Section 1313 is amended by adding at the end of the first sentence: ``A purpose of all preserve units is to provide for fish and wildlife dependent recreation including fishing and hunting.''. (q) Section 1314 (c) is amended by striking ``law.'' at the end of the first sentence and inserting the following: ``law except that the taking of fish and wildlife for sport as well as subsistence purposes shall be permitted on each unit of the Refuge system in Alaska. The Secretary may designate zones where and periods when no hunting, fishing, and trapping may be permitted for reasons of public safety, administration, floral and faunal protection, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, fishing, or trapping shall be put into effect only after consultation with the appropriate state agency having responsibility over hunting, fishing, and trapping.''. (r) Section 1315 is amended by adding a new subsection ``(g)'' as follows: ``(g) Notwithstanding any other provision of law, within National Forest Wilderness Areas and National Forest Monument areas as designated in this Act, the Secretary of Agriculture shall permit or otherwise regulate helicopter use and landings.''. (s) Section 1316 (a) is amended in the first sentence by deleting ``equipment'' and inserting in lieu thereof: ``equipment, including motorized and mechanical equipment,''. (t) Section 1316 (a) is amended in the second sentence by striking ``consistent with the protection'' and inserting in lieu thereof: ``not inconsistent with the conservation''. (u) Section 1316 (a) is amended by striking ``permittee.'' in the last sentence and inserting in lieu thereof: ``permittee except that structures and facilities may be allowed to stand from season to season.''. (v) Section 1316 (b) is amended by inserting ``significantly'' before the word ``detrimental''. (w) Section 1317 (c) is amended by deleting ``section.'' and inserting in lieu thereof: ``section except that the Secretary shall not establish management directives, guidelines, policies or prescriptions for the purpose of administering any study area to preserve Wilderness values prior to action by Congress on recommendations, if any, for wilderness designation of a study area.''. (x) Section 1319 is amended by designating the existing text as subsection ``(a)'' and adding the following subsection (b): ``(b) Nothing in this Act shall be construed as limiting or restricting the power and authority of the State of Alaska except as expressly provided herein.''. (y) The first sentence of Section 1326 (a) is amended by striking ``withdraws'' in the first sentence and inserting in lieu thereof: ``withdraws, redesignates or reclassifies into a different or additional land management category''.

Summary: Rural Alaska Access Rights Act of 1999 - Amends the Alaska National Interest Lands Conservation Act to: (1) require all Federal public land managers in Alaska, or a region that includes Alaska, to participate in an Alaska National Interest Lands Conservation Act (ANILCA) training class, and for future Alaska public land managers to complete ANILCA training; (2) require any alternative route across Alaska public lands chosen by the head of a Federal agency to be no less economically feasible and prudent than the route being sought by an applicant; (3) provide that nothing in such Act shall be construed to adversely affect rights-of-way established under Revised Statute 2477; (4) provide that reasonable regulations governing transportation across Alaska public lands shall not include any requirements for the demonstration of pre-existing use (requiring the Secretary of the Interior (Secretary) to limit any access prohibitions to the smallest area practicable and the shortest period of time); (5) allow the Secretary to grant easements and rights-of-way to private landholders across Alaska public lands for economic and other purposes; (6) prohibit the Secretary from imposing unreasonable fees or charges for those seeking to exercise such access rights; (7) require (currently permits) the Secretary to enable specified officials to participate in the development of an Alaska National Park System (System) conservation and management plan; (8) state that a current occupier of a cabin or other structure on System lands may not be required to waive, forfeit, or relinquish any possessory or personal interest therein; (9) authorize necessary repairs or minor alterations to such cabins or structures; (10) require fees for permits and leases to be reasonable and consistent with authorized uses; (11) include fish and wildlife dependent recreation as a purpose of Alaska national preserve units; (12) authorize the Secretary to designate zones where and periods when hunting, fishing, and trapping will be prohibited on Alaska public lands; (13) direct the Secretary of Agriculture to permit or regulate helicopter use and landings within Alaska National Forest Wilderness areas and Alaska National Forest Monument areas; and (14) prohibit the Secretary, on Alaska wilderness areas, from establishing management directives for administering any study area to preserve wilderness values prior to action by Congress on recommendations, if any, for wilderness designation of a study area.


SECTION 1. SHORT TITLE. This Act may be cited as the ``University Transit Rider Innovation Program Act of 2015'' or ``UTRIP Act''. SEC. 2. FORMULA GRANTS TO INCREASE PUBLIC TRANSPORTATION RIDERSHIP BY COLLEGE STUDENTS. (a) In General.--Chapter 53 of title 49, United States Code, is amended-- (1) by inserting after section 5307 the following: ``Sec. 5308. Formula grants to increase ridership by college students ``(a) Definitions.--In this section-- ``(1) the term `covered student' means an undergraduate or graduate student attending an institution of higher education; ``(2) the term `eligible entity' means-- ``(A) a recipient or subrecipient that provides covered students a discounted fare for public transportation that meets the requirements under subsection (d)(1); or ``(B) a recipient that allocates amounts provided to the recipient under a grant under this section to a subrecipient described in subparagraph (A); ``(3) the term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); ``(4) the term `large urbanized area' means an urbanized area with a population of not less than 200,000 individuals, as determined by the Bureau of the Census; ``(5) the term `recipient' means a designated recipient, a local governmental authority, or a State; ``(6) the term `small urbanized area' means an urbanized area with a population of less than 200,000 individuals, as determined by the Bureau of the Census; and ``(7) the term `subrecipient' means a State or local governmental authority, a private nonprofit organization, or an operator of public transportation services, including a private operator of public transportation services. ``(b) General Authority.-- ``(1) Grants.--The Secretary may make grants under this section to recipients that are eligible entities to increase the use of public transportation by covered students in accordance with subsection (c). ``(2) Subrecipients.--A recipient that receives a grant under this section may allocate the amounts provided under the grant to subrecipients that are eligible entities to increase the use of public transportation by covered students in accordance with subsection (c). ``(c) Use of Funds.--An eligible entity may use amounts provided under a grant under this section to-- ``(1) offset decreased revenue resulting from providing discounted fares to covered students; ``(2) provide general operating assistance to public transportation services and routes designed to better serve institutions of higher education; or ``(3) pay for capital costs associated with expanding and maintaining public transportation services and routes designed to serve institutions of higher education. ``(d) Discounted Fare.-- ``(1) In general.--In order to qualify as an eligible entity described in subsection (a)(2)(A), a recipient or subrecipient shall provide to covered students a discounted fare for public transportation that is-- ``(A) not more than 75 percent of the fare; and ``(B) applicable to both monthly and single-ride fares. ``(2) Rule of construction.--Nothing in paragraph (1) shall be construed to prohibit a recipient or subrecipient that, as of the date of enactment of the University Transit Rider Innovation Program Act of 2015, provides a discounted fare to covered students that meets the requirements under paragraph (1), including a discounted fare that is lower than 75 percent of the fare, from qualifying as an eligible entity described in subsection (a)(2)(A). ``(e) Apportionment and Transfers.-- ``(1) Formula.--The Secretary shall apportion amounts made available to carry out this section as follows: ``(A) Large urbanized areas.--Sixty percent of the funds shall be apportioned among designated recipients for large urbanized areas in the ratio that-- ``(i) the number of full-time equivalent covered students in each such urbanized area; bears to ``(ii) the number of full-time equivalent covered students in all such urbanized areas. ``(B) Small urbanized areas.--Twenty percent of the funds shall be apportioned among the States in the ratio that-- ``(i) the number of full-time equivalent covered students in small urbanized areas in each State; bears to ``(ii) the number of full-time equivalent covered students in small urbanized areas in all States. ``(C) Rural areas.--Twenty percent of the funds shall be apportioned among the States in the ratio that-- ``(i) the number of full-time equivalent covered students in rural areas in each State; bears to ``(ii) the number of full-time equivalent covered students in rural areas in all States. ``(2) Areas served by projects.-- ``(A) In general.--Except as provided in subparagraph (B)-- ``(i) funds apportioned under paragraph (1)(A) shall be used to serve covered students or institutions of higher education in large urbanized areas; ``(ii) funds apportioned under paragraph (1)(B) shall be used to serve covered students or institutions of higher education in small urbanized areas; and ``(iii) funds apportioned under paragraph (1)(C) shall be used to serve covered students or institutions of higher education in rural areas. ``(B) Exceptions.--A State may use funds apportioned to the State under subparagraph (B) or (C) of paragraph (1)-- ``(i) to serve covered students or institutions of higher education in an area other than an area specified in subparagraph (A)(ii) or (A)(iii), as the case may be, if the Governor of the State certifies that all of the objectives of this section are being met in the area specified in subparagraph (A)(ii) or (A)(iii); or ``(ii) to serve covered students or institutions of higher education anywhere in the State, if the State has established a statewide program for meeting the objectives of this section. ``(C) Consultation.--A recipient may transfer an amount under subparagraph (B) only after consulting with responsible local officials, publicly owned operators of public transportation, and nonprofit providers in the area for which the amount was originally apportioned.''; and (2) in section 5338(a)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``$9,347,604,639'' and inserting ``$9,597,604,639''; (ii) in subparagraph (B), by striking ``$9,534,706,043'' and inserting ``$9,784,706,043''; (iii) in subparagraph (C), by striking ``$9,733,353,407'' and inserting ``$9,983,353,407''; (iv) in subparagraph (D), by striking ``$9,939,380,030'' and inserting ``$10,189,380,030''; and (v) in subparagraph (E), by striking ``$10,150,348,462'' and inserting ``$10,400,348,462''; and (B) in paragraph (2)-- (i) in subparagraph (M), by striking ``and'' at the end; (ii) in subparagraph (N), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(M) $250,000,000 for each of fiscal years 2016 through 2020 shall be available to carry out section 5308.''. (b) Technical and Conforming Amendments.-- (1) Table of sections.--The table of sections for chapter 53 of title 49, United States Code, is amended by striking the item relating to section 5308 and inserting the following: ``5308. Formula grants to increase ridership by college students.''. (2) Obligation ceiling.--Section 3018 of the Federal Public Transportation Act of 2015 (title III of Public Law 114-94) is amended-- (A) in paragraph (1), by striking ``$9,347,604,639'' and inserting ``$9,597,604,639''; (B) in paragraph (2), by striking ``$9,733,706,043'' and inserting ``$9,983,706,043''; (C) in paragraph (3), by striking ``$9,733,353,407'' and inserting ``$9,983,353,407''; (D) in paragraph (4), by striking ``$9,939,380,030'' and inserting ``$10,189,380,030''; and (E) in paragraph (5), by striking ``$10,150,348,462'' and inserting ``$10,400,348,462''.

Summary: University Transit Rider Innovation Program Act of 2015 or the UTRIP Act This bill authorizes the Department of Transportation (DOT) to make grants to designated recipients, local or state governmental authorities, private nonprofit organizations, or operators of public transportation services (recipients) to increase the use of public transportation by undergraduate or graduate students attending an institution of higher education (covered students). A recipient may use amounts provided under a grant to: offset decreased revenue resulting from providing discounted fares to covered students, provide general operating assistance to public transportation services and routes designed to better serve institutions of higher education, or pay for capital costs associated with expanding and maintaining public transportation services and routes designed to serve such institutions. To be eligible for a grant, a recipient must provide to covered students a discounted fare for public transportation that is: (1) not more than 75% of the fare, and (2) applicable to both monthly and single-ride fares. DOT shall apportion amounts made available to carry out this Act to large urbanized areas, small urbanized areas, and rural areas based on the relative numbers of full-time equivalent covered students in such areas, according to a specified formula, with specified exceptions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Telemarketer Identification Act of 2001''. SEC. 2. PROHIBITION ON INTERFERENCE WITH CALLER IDENTIFICATION SERVICES. (a) In General.--Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection (e): ``(e) Prohibition on Interference With Caller Identification Services.-- ``(1) In general.--It shall be unlawful for any person or entity within the United States, in making any commercial telephone solicitation, to interfere with or circumvent the ability of a caller identification service to access or provide to the recipient of the call the information about the call (as required under the regulations issued under paragraph (2)) that such service is capable of providing. ``(2) Regulations.--Not later than 18 months after the date of the enactment of the Telemarketer Identification Act of 2001, the Commission shall prescribe regulations to implement this subsection. The regulations shall-- ``(A) require any person or entity making a commercial telephone solicitation to make such solicitation in a manner such that a recipient of such solicitation having a caller identification service capable of providing such information will be provided by such service with-- ``(i) the name of the person or entity on whose behalf such solicitation is being made, or the name of the person or entity making the solicitation; and ``(ii) a valid and working telephone number at which the person or entity making such solicitation or the person or entity on whose behalf such solicitation was made may be reached during regular business hours for the purpose of requesting that the recipient of such solicitation be placed on the do-not-call list required under section 64.1200 of the Commission's regulations (47 C.F.R. 64.1200) to be maintained by the person making such solicitation; and ``(B) provide that any person or entity who receives a request from a person to be placed on such do-not-call list may not use such person's name and telephone number for any other telemarketing purpose (including transfer or sale to any other entity for telemarketing use) other than enforcement of such list. ``(3) Private right of action.--A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- ``(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation; ``(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater; or ``(C) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B). ``(4) Definitions.--In this subsection: ``(A) Caller identification service.--The term `caller identification service' means any service or device designed to provide the user of the service or device with the telephone number of an incoming telephone call. ``(B) Telephone call.--The term `telephone call' means any telephone call or other transmission which is made to or received at a telephone number of any type of telephone service. Such term includes calls made by an automatic telephone dialing system, an integrated services digital network, and a commercial mobile radio source.''. (b) Delayed Effective Date.-- (1) In general.--The regulations prescribed by the Federal Communications Commission under subsection (e) of section 227 of the Communications Act of 1934, as added by subsection (a), shall take effect on the date that is two years after the date of the enactment of this Act. (2) Additional delay for good cause shown.--The Commission may grant a wavier from compliance with the regulations referred to in paragraph (1) for a period of not more than 24 months upon application (made at such time, in such form, and containing such information as the Commission may require), and after notice to the public and an opportunity for comment, to any person who demonstrates to the satisfaction of the Commission that-- (A) it will comply with the regulations before the expiration of the period of time for which the waiver is requested; (B) without the requested waiver, timely compliance with the regulations would be technically infeasible because of technical problems associated with the telecommunications equipment used by the applicant; and (C) replacement or upgrading of the telecommunications equipment used by the applicant in order to comply with the regulations in a timely manner without the waiver-- (i) would impose an unduly onerous financial burden on the applicant; (ii) is not feasible because the equipment, software, or technical assistance necessary for the replacement or upgrade is not available; or (iii) cannot be completed before the effective date of the regulations. SEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS. (a) Effect on State Law.--Subsection (f)(1) of section 227 of the Communications Act of 1934 (47 U.S.C. 227), as redesignated by section 2 of this Act, is further amended-- (1) in subparagraph (C), by striking ``or'' at the end; (2) in subparagraph (D), by striking the period and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(E) interfering with or circumventing caller identification services.''. (b) Actions by States.--The first sentence of subsection (g)(1) of such section 227, as so redesignated, is further amended by inserting after ``this section,'' the following: ``or has engaged or is engaging in a pattern or practice of interfering with or circumventing caller identification services of residents of that State in violation of subsection (e) or the regulations prescribed under such subsection,''.

Summary: Telemarketer Identification Act of 2001 - Amends the Communications Act of 1934 to make it unlawful for any person or entity making a commercial telephone solicitation to interfere with or circumvent a caller identification service. Provides a cause of action for a person or entity, or a State attorney general on behalf of its residents, for violations of such prohibition. Authorizes the FCC to grant a temporary waiver from compliance for good cause shown (technical infeasibility).


SECTION 1. SHORT TITLE. This Act may be cited at the ``Improving Department of State Oversight Act of 2015''. SEC. 2. COMPETITIVE HIRING STATUS FOR FORMER EMPLOYEES OF THE SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION. Notwithstanding any other provision of law, any employee of the Special Inspector General for Iraq Reconstruction who completes at least 12 months of service at any time prior to the date of the termination of the Special Inspector General for Iraq Reconstruction, October 5, 2013, and was not terminated for cause shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications. SEC. 3. ASSURANCE OF INDEPENDENCE OF IT SYSTEMS. (a) In General.--The Secretary of State, with the concurrence of the Inspector General of the Department of State, shall certify to the appropriate congressional committees that the Department has made reasonable efforts to ensure the integrity and independence of the Office of the Inspector General Information Technology systems. (b) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. SEC. 4. PROTECTING THE INTEGRITY OF INTERNAL INVESTIGATIONS. Section 209(c)(5) of the Foreign Service Act of 1980 (22 U.S.C. 3929(c)(5)) is amended by inserting at the end the following new subparagraph: ``(C) Required reporting of allegations and investigations and inspector general authority.-- ``(i) In general.--Each bureau, post or other office (in this subparagraph, an `entity') of the Department of State shall, within five business days, report to the Inspector General any allegations of-- ``(I) waste, fraud, or abuse in a Department program or operation; ``(II) criminal or serious misconduct on the part of a Department employee at the FS-1, GS-15, GM-15 level or higher; ``(III) criminal misconduct on the part of any Department employee; and ``(IV) serious, noncriminal misconduct on the part of any individual who is authorized to carry a weapon, make arrests, or conduct searches, such as conduct that, if proved, would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law enforcement authority. ``(ii) Inspector general authority.--The Inspector General may, pursuant to existing authority, investigate matters covered by clause (i). ``(iii) Limitation on investigations outside of office of inspector general.--No entity in the Department of State with concurrent jurisdiction over matters covered by clause (i), including the Bureau of Diplomatic Security, may initiate an investigation of such matter unless it has first reported the allegations to the Inspector General as required by clause (i), except as provided in clauses (v) and (vi). ``(iv) Cooperation.--If an entity in the Department of State initiates an investigation of a matter covered in clause (i) the entity must, except as provided in clause (v), fully cooperate with the Inspector General, including-- ``(I) by providing to the Inspector General all data and records obtained in connection with its investigation upon request of the Inspector General; ``(II) by coordinating, at the request of the Inspector General, such entity's investigation with the Inspector General; and ``(III) by providing to the Inspector General requested support in aid of the Inspector General's oversight and investigative responsibilities. ``(v) Exceptions.--The Inspector General may prescribe general rules under which any requirement of clause (iii) or clause (iv) may be dispensed with. ``(vi) Exigent circumstances.--Compliance with clauses (i), (iii), and (iv) of this subparagraph may be dispensed with by an entity of the Department of State if complying with them in an exigent circumstance would pose an imminent threat to human life, health or safety, or result in the irretrievable loss or destruction of critical evidence or witness testimony, in which case a report of the allegation shall be made not later than 48 hours after an entity begins an investigation under the authority of this clause and cooperation required under clause (iv) shall commence not later than 48 hours after the relevant exigent circumstance has ended. ``(vii) Rule of construction.--Nothing in this subparagraph may be interpreted to affect any duty or authority of the Inspector General under any provision of law, including the Inspector General's duties or authorities under the Inspector General Act.''. SEC. 5. REPORT ON INSPECTOR GENERAL INSPECTION AND AUDITING OF FOREIGN SERVICE POSTS AND BUREAUS AND OPERATING UNITS DEPARTMENT OF STATE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a report to Congress on the requirement under section 209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)) that the Inspector General of the Department of State inspect and audit, at least every 5 years, the administration of activities and operations of each Foreign Service post and each bureau and other operating unit of the Department of State. (b) Consideration of Multi-Tier System.--The report required under subsection (a) shall assess the advisability and feasibility of implementing a multi-tier system for inspecting Foreign Service posts featuring more (or less) frequent inspections and audits of posts based on risk, including security risk, as may be determined by the Inspector General. (c) Composition.--The report required under subsection (a) shall include separate portions prepared by the Inspector General of the Department of State, and the Comptroller General of the United States, respectively.

Summary: Improving Department of State Oversight Act of 2015 This bill grants competitive status for appointment to a position in the competitive service for which the employee is qualified to any employee of the Special Inspector General for Iraq Reconstruction (SIGRI) who was not terminated for cause, and who completes at least 12 months of service at any time before the termination of the SIGRI on October 5, 2013. The Secretary of State shall certify to Congress that the Department of State has made reasonable efforts to ensure the integrity and independence of the Office of the Inspector General Information Technology systems. Each State Department entity under the Foreign Service Act of 1980 shall report within five business days to the Inspector General (IG) any allegations of: program waste, fraud, or abuse; criminal or serious misconduct on the part of a Department employee at the FS-1, GS-15, GM-15 level or higher; criminal misconduct on the part of any Department employee; and serious, noncriminal misconduct on the part of any individual who is authorized to carry a weapon, make arrests, or conduct searches (such as conduct that would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law enforcement authority). No State Department entity with concurrent jurisdiction over such matters, including the Bureau of Diplomatic Security, may initiate an investigation without first reporting the allegations to the IG. A State Department entity that initiates an investigation of such a matter must fully cooperate with the IG, unless the IG authorizes an exception.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Partnering to Detect and Defeat Tunnels Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) Tunnels have been used for centuries around the world as a means of avoiding detection or circumventing defenses. (2) Tunnels can be used for criminal purposes, such as smuggling drugs, weapons, or humans, or for terrorist or military purposes, such as launching surprise attacks or detonating explosives underneath infrastructure. (3) Tunnels have been a growing threat on the southern border of the United States for many years, and the Department of Homeland Security has been working to address this threat. (4) The conflict in Gaza in 2014 showed that terrorists are now actively using tunnels as a means of attack, and news reports indicate that tunnels are being used in Syria as well. (5) Terrorist organizations are quick to adopt successful tactics, and it is only a matter of time before other terrorist organizations begin using tunnels. (6) The facilities of the United States, and those of the allies of the United States, could be under threat very quickly if tunnel threats continue to proliferate. (b) Sense of Congress.--It is the sense of Congress that-- (1) it is in the best interests of the United States to develop technology to detect and counter tunnels, and the best way to do this is to partner with other affected countries; and (2) Israel is facing serious threats posed by tunnels and should be the first partner of the United States in addressing this significant challenge. SEC. 3. DEVELOPMENT OF TUNNEL DETECTION TECHNOLOGY. (a) Partnerships.-- (1) Israel.--The Secretary of Defense, in coordination with the Secretary of State and the Secretary of Homeland Security, shall seek to enter into an agreement with Israel to partner and coordinate in developing and deploying technologies to detect and counter tunnels, including by-- (A) carrying out research, development, testing, and evaluation activities with respect to tunnel detection technologies; and (B) carrying out operational testing of such technologies in both the United States and Israel. (2) Other allies.--In addition to the agreement described in paragraph (1), the Secretary of Defense, in coordination with the Secretary of State and the Secretary of Homeland Security, may seek to enter into similar agreements with allies of the United States to develop technologies to detect and counter tunnels. (b) Lead Development Agency.--The Secretary of Defense, in coordination with the Secretary of Homeland Security, shall designate a military department or other element of the Department of Defense to carry out subsection (a) as the lead agency of the Federal Government for developing technology to detect and counter tunnels. (c) Lead Intelligence Officer.--The Director of National Intelligence shall designate a senior intelligence officer to manage the collection and analysis of intelligence regarding the tactical use of tunnels by state and non-state actors. (d) Annual Reports.--Not later than 180 days after the date of the enactment of this Act, and each year thereafter through 2020, the Secretary of Defense shall submit to Congress a report containing, with respect to the period covered by each such report, the following: (1) Instances of tunnels being used to attack installations of the United States or allies of the United States. (2) Trends or developments in tunnel attacks throughout the world. (3) Key technologies used and challenges faced by potential adversaries of the United States with respect to using tunnels. (4) The capabilities of the Department of Defense for defending fixed or forward locations from tunnel attacks. (5) Partnerships entered into with allies of the United States under this section, and potential opportunities for increased partnerships with other allies with respect to researching tunnel detection technologies. (6) The plans, including with respect to funding, of the Secretary for countering threats posed by tunnels. (e) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated for fiscal year 2016, to carry out this section there is authorized to be appropriated for fiscal year 2016-- (1) for research, development, test, and evaluation, Army, for sensors and electronic survivability, $5,000,000; (2) for research, development, test, and evaluation, Defense-wide, for the physical security program of the Combating Terrorism Technical Support Office, $8,000,000; and (3) for the Joint Improvised Explosive Device Defeat Fund, $10,000,000.

Summary: Partnering to Detect and Defeat Tunnels Act This bill expresses the sense of Congress that: (1) it is in the best interests of the United States to develop technology to detect and counter tunnels, and the best way to do this is to partner with other affected countries; and (2) Israel is facing serious threats posed by tunnels and should be the first U.S. partner in addressing this challenge. The Secretary of Defense: (1) shall seek to enter into an agreement with Israel to partner in developing and deploying technologies to detect and counter tunnels, (2) may seek to enter into similar agreements with U.S. allies, and (3) shall report to Congress annually through 2020.