SECTION 1. SHORT TITLE. This Act may be cited as the ``Permit Reassurances Enabling Direct Improvements for Conservation, Tenants, and Species Act of 2018'' or the ``PREDICTS Act of 2018''. SEC. 2. CODIFICATION OF THE ``NO SURPRISES'' REGULATIONS. (a) Definitions.--Section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532) is amended as follows: (1) By inserting after paragraph (1) the following: ``(_) Changed circumstances.--The term `changed circumstances'-- ``(A) means changes in circumstances affecting a species or geographic area covered by a covered plan or agreement that can reasonably be anticipated by developers of such plan or agreement, respectively, and the Secretary, and that can reasonably be planned for; and ``(B) includes-- ``(i) additions of species to lists published under section 4(c); and ``(ii) a fire or other natural catastrophic event in an area prone to such an event.''. (2) By inserting after paragraph (3) the following: ``(_) Covered plan or agreement.--The term `covered plan or agreement' means a conservation plan required under section 10(a)(2)(A) or a candidate conservation agreement with assurances under section 10(k), respectively.''. (3) By inserting after paragraph (5) the following: ``(_) Conserved habitat areas.--The term `conserved habitat areas' means areas explicitly designated for habitat restoration, acquisition, protection, or other conservation purposes under a covered plan or agreement.''. (4) By inserting after paragraph (13) the following: ``(_) Operating conservation program.--The term `operating conservation program' means those conservation management activities that are expressly described in a covered plan or agreement and that are to be undertaken for the affected species when implementing the plan or agreement, respectively, including measures to respond to changed circumstances.''. (5) By inserting after paragraph (24) the following: ``(_) Unforeseen circumstances.--The term `unforeseen circumstances' means changes in circumstances affecting a species or geographic area covered by a covered plan or agreement that could not reasonably have been anticipated by plan developers and the Secretary at the time of the development of such plan or agreement, respectively, and that result in a substantial and adverse change in the status of the covered species.''. (6) By redesignating the paragraphs of such section as paragraphs (1) through (25), respectively. (b) Conforming Amendment.--Section 7(n) of such Act (16 U.S.C. 1536(n)) is amended by striking ``section 3(13)'' and inserting ``section 3(16)''. (c) Assurances Governing Permit, Plan, Candidate Conservation Agreement With Assurances, and Safe Harbor Agreement Issuance, Modification, and Revocation.--Section 10 of such Act (16 U.S.C. 1539) is amended as follows: (1) Subsection (a)(2)(B) is amended in the matter following clause (v) by adding at the end the following: ``In addition, each permit issued under paragraph (1)(B), each candidate conservation agreement with assurances entered into under subsection (k), and each safe harbor agreement entered into under subsection (l) shall contain the assurances governing permit revocation, changed circumstances, and unforeseen circumstances set forth in subparagraph (2)(C) and paragraph (3) of this subsection.''. (2) Subsection (a)(2)(C) is amended by inserting ``(i)'' before the text, and by adding at the end the following: ``(ii) The Secretary may not revoke a permit issued under paragraph (1)(B) other than as required in clause (i), and may not terminate any candidate conservation agreement with assurances under subsection (k) or safe harbor agreement entered into under subsection (l), unless the Secretary finds that-- ``(I) continuation of the permitted activity or activity authorized under such an agreement, respectively, would be inconsistent with any of the criteria set forth in subparagraph (B); and ``(II) the inconsistency has not been remedied in a timely fashion.''. (3) Subsection (a) is amended by adding at the end the following: ``(3) Each permit issued by the Secretary under paragraph (1)(B), each candidate conservation agreement with assurances entered into under subsection (k), and each safe harbor agreement entered into under subsection (l) shall be subject to the following assurances addressing changed circumstances and unforeseen circumstances: ``(A) If additional conservation and mitigation measures are deemed necessary to respond to changed circumstances and are specified in the operating conservation program of the conservation plan for the permit or in such agreement, respectively, the permittee shall implement such measures. ``(B) If additional conservation and mitigation measures are deemed necessary to respond to changed circumstances and are not specified in the operating conservation program of the conservation plan for the permit or in such agreement, respectively, the Secretary may not require any conservation and mitigation measures in addition to those specified in the plan or agreement, respectively, without the consent of the permittee. ``(C)(i) In negotiating unforeseen circumstances, the Secretary may not require the commitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources beyond the level otherwise agreed upon for the species covered by the conservation plan or by such agreement, respectively, without the consent of the permittee. ``(ii) If additional conservation and mitigation measures are deemed necessary to respond to unforeseen circumstances, the Secretary may require additional measures of the permittee where the conservation plan or agreement, respectively, is being properly implemented, but only if such measures-- ``(I) are limited to modifications within conserved habitat areas, if any, or to the conservation plan's or agreement's operating conservation program for the affected species; ``(II) maintain the original terms and structures of the conservation plan or agreement to the maximum extent possible; and ``(III) will not involve the commitment of additional land, water, or financial compensation or additional restrictions on the use of land, water, or other natural resources otherwise available for development or use under the original terms of the conservation plan or agreement, without the consent of the permittee. ``(iii) The Secretary shall have the burden of demonstrating that unforeseen circumstances exist, using the best scientific and commercial data available. The Secretary shall clearly document any finding that unforeseen circumstances exist, and shall base such finding on reliable technical information regarding the status and habitat requirements of the affected species. In making such finding, the Secretary will consider, among other matters, the following factors: ``(I) The size of the current range of the affected species. ``(II) The percentage of such range adversely affected by the conservation plan or agreement. ``(III) The percentage of such range conserved by the conservation plan or agreement. ``(IV) The ecological significance of that portion of the range affected by the conservation plan or agreement. ``(V) The level of knowledge about the affected species and the degree of specificity of the species' conservation program under the conservation plan or agreement. ``(VI) Whether failure to adopt additional conservation measures would appreciably reduce the likelihood of survival and recovery of the affected species in the wild. ``(iv) The Secretary shall-- ``(I) present a record of the analyses of the status of unforeseen circumstances to the permittee before requiring any additional conservation or mitigation measures of the permittee or agreement party under clause (ii); and ``(II) include in the record a qualitative and quantitative analysis of each of the factors specified in subclauses (I) through (VI) of clause (iii).''. SEC. 3. CANDIDATE CONSERVATION AGREEMENTS WITH ASSURANCES. (a) Permits.--Section 10(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (3) by adding at the end the following: ``(C) any taking incidental to, and not the purpose of, the carrying out of an otherwise lawful activity pursuant to a candidate conservation agreement with assurances entered into under subsection (k) or a safe harbor agreement entered into under subsection (l).''. (b) Agreements.--Section 10 of such Act (16 U.S.C. 1539) is amended by adding at the end the following: ``(k) Candidate Conservation Agreements.-- ``(1) In general.--At the request of any non-Federal person, the Secretary may enter into a candidate conservation agreement with assurances with the person for a species that has been proposed for listing under section 4(c)(1), is a candidate species, or is likely to be considered for listing in the near future on areas where the person has a fee simple, leasehold, or other property interest (including water or other natural resources) sufficient to carry out the proposed management activities, including on lands or waters under Federal ownership or control. ``(2) Review by the secretary.-- ``(A) Submission to the secretary.--A non-Federal person may submit a candidate conservation agreement with assurances developed under paragraph (1) to the Secretary for review at any time prior to the listing described in section 4(c)(1) of a species that is the subject of the agreement. ``(B) Criteria for approval.--The Secretary may approve an agreement and issue a permit under subsection (a)(1)(C) for the agreement if, after notice and opportunity for public comment, the Secretary finds that-- ``(i) for species proposed for listing, candidates for listing, or are likely to be considered for listing in the near future, that are included in the agreement, the actions taken under the agreement, would provide a beneficial contribution to the conservation of the species or its habitat during the duration of the agreement; ``(ii) the actions taken under the agreement will not appreciably reduce the likelihood of survival and recovery of an endangered species or a threatened species; and ``(iii) the agreement includes such monitoring and reporting requirements as reasonably necessary for determining whether the terms and conditions of the agreement are being complied with. ``(3) Effective date of permit.--A permit issued under subsection (a)(1)(C) shall take effect at the time the species is listed pursuant to section 4(c), if the permittee is in full compliance with the terms and conditions of the agreement. ``(4) Assurances.--A person who has entered into a candidate conservation agreement under this subsection, and is in compliance with the agreement, may not be required to undertake any additional measures for species covered by such agreement if the measures would require the payment of additional money, or the adoption of additional use, development, or management restrictions on any land, waters, or water-related rights that would otherwise be available under the terms of the agreement without the consent of the person entering into the agreement. The Secretary and the person entering into a candidate conservation agreement, by the terms of the agreement, shall identify-- ``(A) other modifications to the agreement; or ``(B) other additional measures; if any, that the Secretary may require under extraordinary circumstances.''. SEC. 4. SAFE HARBOR AGREEMENTS. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) (as amended by section 3) is further amended by adding at the end the following: ``(l) Safe Harbor Agreements.-- ``(1) Agreements.-- ``(A) In general.--The Secretary may enter into agreements with non-Federal persons to benefit the conservation of endangered species or threatened species by creating, restoring, or improving areas as habitat or by maintaining currently unoccupied habitat for endangered species or threatened species. Under an agreement, the Secretary shall permit the person to take endangered species or threatened species included under the agreement on lands or waters that are subject to the agreement if the taking is incidental to, and not the purpose of, carrying out of an otherwise lawful activity, except that the Secretary may not permit through an agreement any incidental taking below the baseline requirement specified pursuant to subparagraph (B). ``(B) Baseline.--For each agreement under this subsection, the Secretary shall establish a baseline requirement that is mutually agreed on by the applicant and the Secretary at the time of the agreement that will, at a minimum, maintain existing conditions for the species covered by the agreement on lands and waters that are subject to the agreement. The baseline may be expressed in terms of the abundance or distribution of endangered or threatened species, quantity or quality of habitat, or such other indicators as appropriate. ``(2) Criteria for approval.--The Secretary may approve an agreement and issue a permit under subsection (a)(1)(C) for the agreement if, after notice and opportunity for public comment, the Secretary finds that-- ``(A) the implementation of the terms of the agreement is reasonably expected to provide a beneficial contribution to the recovery of the species during the duration of the agreement; ``(B) the take will be incidental to an otherwise lawful activity and will be in accordance with the terms of the agreement; ``(C) the actions taken under the agreement will not appreciably reduce the likelihood of survival and recovery of an endangered species or threatened species; and ``(D) the agreement includes such monitoring and reporting requirements as reasonably necessary for determining whether the terms and conditions of the agreement are being complied with. ``(3) Effective date of the permit.--A permit issued under subsection (a)(1)(C) shall take effect on the day of issuance for species covered by the agreement.''. SEC. 5. FINANCIAL ASSISTANCE. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) (as amended by section (4)) is further amended by adding at the end the following: ``(m) Financial Assistance.-- ``(1) In general.--In cooperation with the States and subject to the availability of appropriations, the Secretary may provide a grant of up to $10,000 to any individual private landowner to assist the landowner in carrying out a candidate conservation agreement with assurances or safe harbor agreement under this subsection. ``(2) Prohibition on assistance for required activities.-- The Secretary may not provide assistance under this paragraph for any action that is required by a permit, candidate conservation agreement with assurances, or safe harbor agreement under this Act or that is otherwise required under this Act or other Federal law. ``(3) Other payments.--A grant provided to an individual private landowner under this paragraph shall be in addition to, and not affect, the total amount of payments that the landowner is otherwise eligible to receive under Federal law.''.

Summary: Permit Reassurances Enabling Direct Improvements for Conservation, Tenants, and Species Act of 2018 or the PREDICTS Act of 2018 This bill amends the Endangered Species Act of 1973 to provide statutory authority for requirements regarding habitat conservation plans, candidate conservation agreements, and safe harbor agreements. Those plans and agreements give nonfederal property owners incentives, such as assurances regarding resource use restrictions, if the owner contributes towards the recovery or conservation of an endangered species, a threatened species, or a species that is a candidate for listing as an endangered or threatened species. Under current regulations, a habitat conservation plan is required for entities to hold an incidental take permit for a project that may result in the incidental taking of an endangered or threatened species. Under candidate conservation agreements and safe harbor agreements, property owners enter into agreements with the Department of the Interior or the Department of Commerce, as appropriate, to address the needs of endangered, threatened, or candidate species in exchange for assurances regarding resource use restrictions that might be imposed if circumstances change. Each incidental take permit, candidate conservation agreement, and safe harbor agreement must contain certain assurances governing permit revocation, changed circumstances, and unforeseen circumstances as prescribed by the bill. The departments may provide grants to individual private landowners to assist the landowners in carrying out candidate conservation agreements or safe harbor agreements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Commerce Enhancement Act of 2000''. TITLE I--ELECTRONIC COMMERCE SEC. 101. FINDINGS. The Congress finds the following: (1) Commercial transactions on the Internet, whether retail business-to-customer or business-to-business, are commonly called electronic commerce. (2) In the United States, business-to-business transactions between small and medium-sized manufacturers and other such businesses and their suppliers is rapidly growing, as many of these businesses begin to use Internet connections for supply- chain management, after-sales support, and payments. (3) Small and medium-sized manufacturers and other such businesses play a critical role in the United States economy. (4) Electronic commerce can help small and medium-sized manufacturers and other such businesses develop new products and markets, interact more quickly and efficiently with suppliers and customers, and improve productivity by increasing efficiency and reducing transaction costs and paperwork. Small and medium-sized manufacturers and other such businesses who fully exploit the potential of electronic commerce activities can use it to interact with customers, suppliers, and the public, and for external support functions such as personnel services and employee training. (5) The National Institute of Standards and Technology's Manufacturing Extension Partnership program has a successful record of assisting small and medium-sized manufacturers and other such businesses. In addition, the Manufacturing Extension Partnership program, working with the Small Business Administration, successfully assisted United States small enterprises in remediating their Y2K computer problems. (6) A critical element of electronic commerce is the ability of different electronic commerce systems to exchange information. The continued growth of electronic commerce will be enhanced by the development of private voluntary interoperability standards and testbeds to ensure the compatibility of different systems. SEC. 102. REPORT ON THE UTILIZATION OF ELECTRONIC COMMERCE. (a) Advisory Panel.--The Director of the National Institute of Standards and Technology (in this title referred to as the ``Director'') shall establish an Advisory Panel to report on the challenges facing small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The Advisory Panel shall be comprised of representatives of the Technology Administration, the National Institute of Standards and Technology's Manufacturing Extension Partnership program established under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l), the Small Business Administration, and other relevant parties as identified by the Director. (b) Initial Report.--Within 12 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the immediate requirements of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall-- (1) describe the current utilization of electronic commerce practices by small and medium-sized manufacturers and other such businesses, detailing the different levels between business-to-retail customer and business-to-business transactions; (2) describe and assess the utilization and need for encryption and electronic authentication components and electronically stored data security in electronic commerce for small and medium-sized manufacturers and other such businesses; (3) identify the impact and problems of interoperability to electronic commerce, and include an economic assessment; and (4) include a preliminary assessment of the appropriate role of, and recommendations for, the Manufacturing Extension Partnership program to assist small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. (c) Final Report.--Within 18 months after the date of the enactment of this Act, the Advisory Panel shall report to the Director and to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a 3-year assessment of the needs of small and medium-sized manufacturers and other such businesses to integrate and utilize electronic commerce technologies and business practices. The report shall include-- (1) a 3-year planning document for the Manufacturing Extension Partnership program in the field of electronic commerce; and (2) recommendations, if necessary, for the National Institute of Standards and Technology to address interoperability issues in the field of electronic commerce. SEC. 103. ELECTRONIC COMMERCE PILOT PROGRAM. The National Institute of Standards and Technology's Manufacturing Extension Partnership program, in consultation with the Small Business Administration, shall establish a pilot program to assist small and medium-sized manufacturers and other such businesses in integrating and utilizing electronic commerce technologies and business practices. The goal of the pilot program shall be to provide small and medium-sized manufacturers and other such businesses with the information they need to make informed decisions in utilizing electronic commerce-related goods and services. Such program shall be implemented through a competitive grants program for existing Regional Centers for the Transfer of Manufacturing Technology established under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k). In carrying out this section, the Manufacturing Extension Partnership program shall consult with the Advisory Panel and utilize the Advisory Panel's reports. TITLE II--ENTERPRISE INTEGRATION SEC. 201. ENTERPRISE INTEGRATION ASSESSMENT AND PLAN. (a) Assessment.--The Director shall work to identify critical enterprise integration standards and implementation activities for major manufacturing industries underway in the United States. For each major manufacturing industry, the Director shall work with industry representatives and organizations currently engaged in enterprise integration activities and other appropriate representatives as necessary. They shall assess the current state of enterprise integration within the industry, identify the remaining steps in achieving enterprise integration, and work toward agreement on the roles of the National Institute of Standards and Technology and of the private sector in that process. Within 90 days after the date of the enactment of this Act, the Director shall report to the Congress on these matters and on anticipated related National Institute of Standards and Technology activities for the then current fiscal year. (b) Plans and Reports.--Within 180 days after the date of the enactment of this Act, the Director shall submit to the Congress a plan for enterprise integration for each major manufacturing industry, including milestones for the National Institute of Standards and Technology portion of the plan, the dates of likely achievement of those milestones, and anticipated costs to the Government and industry by fiscal year. Updates of the plans and a progress report for the past year shall be submitted annually until for a given industry, in the opinion of the Director, enterprise integration has been achieved. SEC. 202. DEFINITIONS. For purposes of this title-- (1) the term ``Director'' means the Director of the National Institute of Standards and Technology; (2) the term ``enterprise integration'' means the electronic linkage of manufacturers, assemblers, and suppliers to enable the electronic exchange of product, manufacturing, and other business data among all businesses in a product supply chain, and such term includes related application protocols and other related standards; and (3) the term ``major manufacturing industry'' includes the aerospace, automotive, electronics, shipbuilding, construction, home building, furniture, textile, and apparel industries and such other industries as the Director designates. Passed the House of Representatives September 26, 2000. Attest: JEFF TRANDAHL, Clerk.

Summary: Requires the MEP program to: (1) establish a pilot program to assist such manufacturers and businesses in integrating and utilizing electronic commerce technologies and business practices through a competitive grants program; and (2) consult with the Panel and utilize the Panel's reports. Title II: Enterprise Integration - Requires the Director to: (1) identify current critical enterprise integration standards and implementation activities for major manufacturing industries; (2) report to Congress on such matters and anticipated related NIST activities for that fiscal year; and (3) submit to Congress a plan for enterprise integration for each major manufacturing industry (requiring annual plan updates).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Mining Claim Maintenance Act of 2001''. SEC. 2. REFERENCES. Any reference in this Act to the ``general mining laws'' is a reference to those Acts which generally comprise chapters 2, 12A, 16, 161 and 162 of title 30 of the United States Code. TITLE I--MINING CLAIM FEES SEC. 101. MAINTENANCE FEE. (a) Claim Maintenance Fee.--Except as provided in subsections (c), (d), and (e), the holder of each unpatented mining claim, mill or tunnel site located pursuant to the general mining laws, whether located before or after the enactment of this Act, shall pay to the Secretary of the Interior, on or before August 31 of each year, a claim maintenance fee of $100 per claim. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the general mining laws and the related filing requirements contained in section 314 (a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744 (a) and (c)). (b) Time of Payment.--The claim maintenance fee payable pursuant to subsection (a) for any assessment year (as defined under the general mining laws) shall be paid before the commencement of the assessment year. The location fee imposed under section 102 shall be payable not later than 90 days after the date of location. (c) Oil Shale Claims Subject to Claim Maintenance Fees Under Energy Policy Act of 1992.--This section shall not apply to any oil shale claims for which a fee is required to be paid under section 2511(e)(2) of the Energy Policy Act of 1992 (106 Stat. 3111; 30 U.S.C. 242). (d) Waiver for Patent Applicants.--(1) The Secretary may waive the claim maintenance fee required under this section for a claimant who certifies in writing to the Secretary that on the date the payment was due, the claimant and all related parties-- (A) had filed a patent application with the Secretary on or before September 30, 1994; and (B) had fully complied with all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, by that date. (e) Exceptions for Claimants Holding 10 or Fewer Mining Claims.-- (1) In general.--A claimant may elect to perform the assessment work required under the general mining laws in lieu of paying the maintenance fee required under this section if the claimant who certifies in writing to the Secretary that on the date the payment was due, the claimant and all related parties-- (A) are producing hard rock minerals under a valid notice or plan of operation which production results in not less than $1,500 and not more than $800,000 in gross revenues per year from a total of 10 or fewer claims, as certified by the claimant; (B) are performing exploration work to disclose, expose, or otherwise make known possible valuable mineralization on a total of 10 or fewer claims under a valid notice or plan of operation; and (C) have less than 10 acres of unreclaimed surface disturbance from such mining activity or such exploration work. (2) Claimants electing to do assessment work.--A claimant holding 10 or fewer mining claims, who elects to do the assessment work required by the general mining laws in lieu of paying the claim maintenance fee required under this section shall be required to meet the filing requirements of section 314(a) and (c) of the Federal Land Policy and Management Act (43 U.S.C. 1744 (a) and (c)) on such 10 or fewer claims and shall certify the performance of such assessment work to the Secretary of the Interior by August 31 of each year. (3) Definitions.--For purposes of this section: (1) With respect to any claimant, the term ``related party'' means-- (A) the spouse and dependent children (as defined in section 152 of the Internal Revenue Code of 1986), of the claimant; and (B) a person who controls, is controlled by, or is under common control with the claimant. (2) The term ``control'' includes actual control, legal control, and the power to exercise control, through or by common directors, officers, stockholders, a voting trust, or a holding company or investment company, or any other means. SEC. 102. LOCATION FEE. Notwithstanding any other provision of law, for every unpatented mining claim, mill or tunnel site located after the date of enactment of this title, pursuant to the general mining laws, the locator shall, at the time the location notice is recorded with the Bureau of Land Management, pay to the Secretary of the Interior a location fee, in addition to the claim maintenance fee required by section 101, of $25.00 per claim. SEC. 103. CO-OWNERSHIP. The co-ownership provisions of the general mining laws shall remain in effect, except that in applying such provisions, the annual claim maintenance fee required under this title shall, where applicable, replace applicable assessment requirements and expenditures. SEC. 104. FAILURE TO PAY. Failure to pay the claim maintenance fee or the location fee on the date due as required by this title shall conclusively constitute a forfeiture of the unpatented mining claim, mill or tunnel site by the claimant and the claim shall be deemed null and void by operation of law. SEC. 105. OTHER REQUIREMENTS. (a) Federal Land Policy and Management Act Requirements.--Nothing in this title shall change or modify the requirements of section 314(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(b)), of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(c)) related to filings required by section 314(b), and such requirements shall remain in effect with respect to claims, and mill or tunnel sites for which fees are required to be paid under this section. (b) Revised Statutes Section 2324.--The third sentence of section 2324 of the Revised Statutes (30 U.S.C. 28) is amended by inserting after ``On each claim located after the tenth day of May, eighteen hundred and seventy-two,'' the following: ``that is granted a waiver under section 101 (d) or (e) of the Mining Claim Maintenance Act of 2001''. (c) Fee Adjustments.--(1) The Secretary of the Interior shall adjust the fees required by this title to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years after the date of the enactment of this Act, or more frequently if the Secretary determines an adjustment to be reasonable. (2) The Secretary shall provide claimants notice of any adjustment made under this subsection not later than July 1 of any year in which the adjustment is made. (3) A fee adjustment under this subsection shall begin to apply the first assessment year (as defined under the general mining laws) which begins at noon on the first day of September after the adjustment is made. SEC. 106. REGULATIONS. The Secretary of the Interior shall promulgate rules and regulations to carry out the terms and conditions of this title as soon as practicable after the date of the enactment of this title. TITLE II--LIMITATION ON PATENTS SEC. 201. MINING CLAIMS After the date of enactment of this Act, no patent shall be issued by the United States for any mining claim located under the general mining laws or under this Act unless the Secretary determines that, for the claim concerned-- (1) a patent application was filed with the Secretary on or before September 30, 1994; and (2) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims were fully complied with by that date. If the Secretary makes the determinations referred to in paragraphs (1) and (2) for any mining claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States. SEC. 202. MILL SITES. After the date of enactment of this Act, no patent shall be issued by the United States for any mill site claim located under the general mining laws unless the Secretary determines that for the mill site concerned-- (1) a patent application for such land was filed with the Secretary on or before September 30, 1994; and (2) all requirements applicable to such patent application were fully complied with by that date. If the Secretary makes the determinations referred to in paragraphs (1) and (2) for any mill site claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States.

Summary: Mining Claim Maintenance Act of 2001 - Requires: (1) the holder of each unpatented mining claim, mill, or tunnel site (except for certain patent applicants and claimants holding ten or fewer mining claims) to pay to the Secretary of the Interior an annual claim maintenance fee of $100 per claim in lieu of specified statutory assessment work requirements; and (2) the locator of every unpatented mining claim, mill, or tunnel site to pay a location fee of $25 per claim in addition to the claim maintenance fee.Prohibits the issuance of any Federal mining patent or mill site claim, unless: (1) the patent application was filed on or before September 30, 1994; and (2) specified requirements for vein or lode claims and placer claims were fully complied with.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Employee Short-Term Disability Insurance Act of 2011''. SEC. 2. PURPOSE. The purpose of this Act is to offer voluntary insurance to Federal employees for protection against the loss of pay resulting from-- (1) short-term injury or disability; (2) short-term leave taken for the purpose of caring for a family member; (3) the birth of a child of such an employee; or (4) making arrangements to adopt a child or to become a foster parent. SEC. 3. NON-WORK RELATED DISABILITY INSURANCE. (a) In General.--Title 5, United States Code, is amended by inserting after chapter 87 the following: ``CHAPTER 88--NON-WORK RELATED SHORT-TERM DISABILITY INSURANCE ``Sec. ``8801. Definitions. ``8802. Availability of insurance. ``8803. Contracting authority. ``8804. Benefits. ``8805. Premiums. ``8806. Preemption. ``8807. Studies, reports, and audits. ``8808. Jurisdiction of courts. ``8809. Administrative functions. ``8810. Cost accounting standards. ``Sec. 8801. Definitions ``For purposes of this chapter-- ``(1) the term `Director' means the Director of the Office of Personnel Management; ``(2) the term `employee' means-- ``(A) an employee defined in section 8901(1); and ``(B) an officer or employee of the United States Postal Service or of the Postal Regulatory Commission; ``(3) the term `injury or disability', with respect to an employee, means that such employee is unable to perform the essential functions of such employee's position of employment with the Federal Government; ``(4) the term `member of family' has the meaning given such term in section 8901(5); ``(5) the term `carrier' means an insurance company that is licensed to issue disability insurance in all States, taking into account any subsidiaries or affiliates of such a company; and ``(6) the term `State' includes the District of Columbia. ``Sec. 8802. Availability of insurance ``(a) The Director shall establish and administer a program to make insurance coverage available under this chapter-- ``(1) for an injury or disability not covered under chapter 81; ``(2) for leave to care for, or leave to make arrangements to care for, a member of family, including the birth of a son or a daughter; and ``(3) for leave to make arrangements-- ``(A) to become a foster parent; or ``(B) to adopt a child. ``(b) Insurance shall not be available under this chapter if the injury or disability of an employee is-- ``(1) caused by willful misconduct of such employee; ``(2) caused by such employee's intention to bring about such injury or disability to himself or to another individual; or ``(3) proximately caused by the intoxication of such employee. ``(c) In addition to the requirements otherwise applicable under section 8801(5), an insurance contract under this chapter must be fully insured, whether through reinsurance with other carriers or otherwise. ``Sec. 8803. Contracting authority ``(a) The Director shall, without regard to any statute requiring competitive bidding, contract with one or more carriers for a policy or policies of disability insurance as described under this chapter. The Director shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. ``(b)(1) Each contract under this section shall contain-- ``(A) a detailed statement of the benefits offered (including any maximums, limitations, exclusions, and other definitions of benefits); ``(B) the premiums charged (including any limitations or other conditions on their subsequent adjustment); ``(C) the duration of the enrollment period; and ``(D) such other terms and conditions (including procedures for establishing eligibility for insurance under this chapter) as may be determined by the Director, consistent with the requirements of this chapter. ``(2) Premiums charged under a contract under this section shall reasonably and equitably reflect the cost of the benefits provided, as determined by the Director. ``(c)(1) Each contract under this section shall require the carrier-- ``(A) to provide payments or benefits described in section 8804(c) to an employee if such employee is entitled thereto under the terms of the contract; and ``(B) with respect to disputes regarding claims for payments or benefits under the terms of the contract-- ``(i) to establish internal procedures designed to resolve such disputes expeditiously; and ``(ii) to establish, for disputes not resolved through procedures under clause (i), procedures for one or more alternative means of dispute resolution involving independent third-party review under circumstances acceptable to the Director. ``(2) The carrier's determination as to whether or not a particular employee is eligible to obtain insurance coverage under this chapter shall be subject to review to the extent and in the manner provided in the applicable contract. ``(3) Nothing in this chapter shall be considered to grant authority for a third-party reviewer to change the terms of any contract under this chapter. ``(d)(1) Each contract under this section shall be for a term of not less than 3 years and not greater than 7 years, and may be terminated earlier than the termination date of such contract by the Director in accordance with the terms of such contract. However, the rights and responsibilities of the enrolled employee, the insurer, and the Director under each contract shall continue with respect to such employee until the termination of coverage of the enrolled employee or the effective date of a successor contract. ``(2) A contract described in paragraph (1) may be made automatically renewable, for a term of 1 year each January 1, unless written notice of non-renewal is given either by the Director or the carrier not less than 180 days before the renewal date, or unless modified by mutual agreement. ``(3) A contract described in paragraph (1) shall include such provisions as may be necessary to ensure that, once an employee becomes duly enrolled, insurance coverage pursuant to that enrollment shall be terminated only if the individual is separated from Federal service or, where appropriate, for non-payment of premiums. ``Sec. 8804. Benefits ``(a) The Director may prescribe reasonable minimum standards for benefit plans offered under this chapter. ``(b)(1) Benefits provided to an employee under this chapter shall offset other benefits received by such employee for the same injury or disability, leave to care for or make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent including worker's compensation and disability retirement income. ``(2) A contract providing benefits under this chapter-- ``(A) shall not provide for a preexisting condition exclusion; and ``(B) shall not charge higher premiums, deny coverage, or drop coverage of an employee with a preexisting condition. ``(3) A contract providing benefits under this chapter shall provide incentives for an employee who is receiving benefits under such contract to return to work. ``(c)(1) For each instance that such employee suffers an injury or disability, takes leave to care for or make arrangements to care for a member of family (including the birth of a son or a daughter), or takes leave to make arrangements to adopt a child or become a foster parent, and is eligible for benefits under this chapter, such employee may receive benefits under this chapter for a period not to exceed 12 months beginning on the date on which such employee qualifies for such benefits. An employee shall receive such benefits after the expiration of the waiting period selected by such employee under paragraph (2)(A). The amount of benefits shall be equal to the lesser of-- ``(A) 70 percent of the annual rate of pay, excluding bonuses, of an employee at the time of the injury or disability of such employee occurs; or ``(B) 70 percent of the maximum rate of basic pay provided for grade GS-15 of the General Schedule. ``(2)(A) The period for which benefits are payable to an employee under this subsection shall begin after the completion of a waiting period, subject to the requirement in subparagraph (C). An employee shall elect one of the following waiting period options: ``(i) On the 8th day of continuous injury or disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(ii) On the 31st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(iii) On the 91st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(iv) On the 181st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. ``(B) An employee who elects to receive benefits earlier shall pay a higher premium. ``(C) A waiting period selected under subparagraph (A) shall begin on the first day of an employee's injury or disability. ``Sec. 8805. Premiums ``(a) Each eligible individual obtaining insurance coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. ``(b) The amount necessary to pay the premiums for enrollment shall be withheld from the pay of the enrolled individual. ``(c) The carrier participating under this chapter shall maintain records that permit it to account for all amounts received under this chapter (including investment earnings on those amounts) separate and apart from all other funds. ``(d)(1)(A) The Employees' Life Insurance Fund is available, without fiscal year limitation, for reasonable expenses incurred in administering this chapter before the start of the first term described in section 8803(d)(1), including reasonable implementation costs. ``(B) Such Fund shall be reimbursed, before the end of the first year of a contract described in section 8803(d)(1), for all amounts obligated or expended under subparagraph (A) (including lost investment income). Reimbursement under this subparagraph shall be made by the carrier in accordance with applicable provisions included in the relevant contract. ``(C)(i) There is hereby established in the Employees' Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to the Office of Personnel Management, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first term described in section 8803(d)(1). ``(ii) A contract under this chapter shall include appropriate provisions under which the carrier involved shall, during each year, make such periodic contributions to the Non-Work Related Disability Insurance Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office of Personnel Management in administering this chapter during such year (adjusted to reconcile for any earlier overestimates or underestimates under this subparagraph) are defrayed. ``(e) Nothing in this chapter shall, in the case of an enrolled individual applying for an extension of insurance coverage under this chapter after the expiration of such enrolled individual's first opportunity to enroll, preclude the application of underwriting standards for later enrollment. ``Sec. 8806. Preemption ``(a) The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State, territorial, tribal, or local law, or any regulation issued thereunder, which relates to non-work related disability insurance or contracts. ``(b)(1) No tax, fee, or other monetary payment may be imposed or collected, directly or indirectly, by any State, territory, tribe, or locality, or by any political subdivision or other governmental authority thereof, on, or with respect to, any premium paid for an insurance policy under this chapter. ``(2) Paragraph (1) shall not be construed to exempt any company or other entity issuing a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such entity from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity. ``(c) No law of a State, territory, tribe, or locality, pertaining to subrogation or reimbursement with respect to benefits provided under this chapter, shall operate except as expressly adopted by the Director. ``Sec. 8807. Studies, reports, and audits ``(a) A contract under this chapter shall contain provisions requiring the carrier to furnish such reasonable reports as the Director determines to be necessary to enable the Director to carry out the Director's functions under this chapter. ``(b) Each Federal agency shall keep such records, make such certifications, and furnish the Director, the carrier, or both, with such information and reports as the Director may require. ``(c) The Director shall conduct periodic reviews of each plan under this chapter to ensure its competitiveness. ``Sec. 8808. Jurisdiction of courts ``The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8803(c) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter. ``Sec. 8809. Administrative functions ``(a)(1) Except as otherwise provided in this chapter, the Director shall prescribe regulations necessary to carry out this chapter and to make arrangements as necessary with other agencies and payroll systems to implement the program. ``(2) Except as otherwise provided by law, the Director shall specify in regulation the treatment of time spent by an individual in receipt of benefits under this chapter for the purposes of periodic increases in pay, retention purposes, and other rights, benefits, and conditions of employment for which length of service is a factor. ``(b) The carrier shall provide for periodic coordinated enrollment, promotion, and education efforts, as specified by the Director. ``Sec. 8810. Cost accounting standards ``The cost accounting standards issued pursuant to section 1502 of title 41 shall not apply with respect to an insurance contract under this chapter.''. (b) Conforming Amendment.--Section 1005(f) of title 39, United States Code, is amended by inserting ``88,'' after ``87,''. (c) Clerical Amendment.--The analysis for part III of title 5, United States Code, is amended by adding at the end of subpart G the following: ``88. Non-Work Related Short-Term Disability Insurance...... 8801''. (d) Date of Application.--The amendment made by subsection (a) shall apply to contracts that take effect with respect to the first calender year that begins more than 18 months after the date of enactment of this section.

Summary: Federal Employee Short-Term Disability Insurance Act of 2011 - Requires the Director of the Office of Personnel Management (OPM) to establish and administer a program for short-term (i.e., up to 12 months) disability insurance coverage for federal employees for: (1) an injury or disability that is not work related, (2) leave to care for a family member, and (3) leave to make arrangements to become a foster parent or to adopt a child. Disqualifies an employee for such insurance if an injury or disability is caused by willful misconduct, a self-inflicted injury, or intoxication. Requires the Director to contract with one or more insurance carriers for disability insurance coverage plans, without regard to competitive bidding requirements. Requires such plans to contain a detailed statement of benefits offered, the premiums charged, and the duration of the enrollment period. Authorizes the Director to prescribe reasonable minimum standards for benefits offered by such plans, including a prohibition against excluding or penalizing an employee for a preexisting condition. Requires individuals eligible for coverage under a disability insurance plan to be responsible for 100% of the premiums for the coverage offered. Establishes in the Employees' Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to OPM to defray reasonable expenses incurred in administering this Act and to which contracted carriers shall make contributions necessary to cover such expenses.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Cesar Chavez National Historical Park Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress makes the following findings: (1) The Cesar E. Chavez National Monument was established by Presidential Proclamation 8884 on October 8, 2012, for the purposes of protecting and interpreting the nationally significant resources associated with the property in Keene, California, known as Nuestra Senora Reina de la Paz. (2) Nuestra Senora Reina de la Paz served as the national headquarters of the United Farm Workers movement, and was the home and workplace of Cesar Chavez, his family, union members, and supporters. (3) While Cesar E. Chavez National Monument marks the extraordinary achievements and contributions to the history of the United States by Cesar Chavez and the farm worker movement, there are other significant sites in California and Arizona that are important to the story of the farm worker movement. (b) Purpose.--The purpose of this Act is to establish the Cesar Chavez National Historical Park-- (1) to help preserve, protect, and interpret the nationally significant resources associated with Cesar Chavez and the farm worker movement; (2) to interpret and provide for a broader understanding of the extraordinary achievements and contributions to the history of the United Sates made by Cesar Chavez and the farm worker movement; and (3) to support and enhance the network of sites and resources associated with Cesar Chavez and the farm worker movement. SEC. 3. DEFINITIONS. In this section: (1) Historical park.--The term ``historical park'' means the Cesar Chavez National Historical Park established by section 4(a). (2) Map.--The term ``map'' means the map entitled, ``___'', numbered ___, and dated ___, __. (3) Route.--The term ``route'' means the ``American Farm Worker Movement Interpretive Route'' established by section 5. (4) Secretary.--The term ``Secretary'' means the Secretary of Interior. (5) States.--The term ``States'' means-- (A) the State of California; and (B) the State of Arizona. SEC. 4. CESAR CHAVEZ NATIONAL HISTORICAL PARK. (a) Establishment.--There is established in the States a unit of the National Park System to be known as the ``Cesar Chavez National Historical Park''. (b) Boundary.--The boundary of the historical park shall include the following areas as generally depicted on the map: (1) The Forty Acres and Filipino Community Hall in Delano, California. (2) Cesar E. Chavez National Monument, which includes La Nuestra Senora Reina de la Paz, in Keene, California. (3) McDonnell Hall in San Jose, California. (4) Santa Rita Center in Phoenix, Arizona. (c) Availability of Map.--The map shall be available for public inspection in the appropriate offices of the National Park Service, Department of Interior. (d) Land Acquisition.--The Secretary may acquire land and interests in land that are within the boundary of the historical park by donation, purchase with donated or appropriated funds, or exchange. (e) Abolishment of Cesar E. Chavez National Monument.-- (1) In general.--Cesar E. Chavez National Monument is hereby abolished and the lands and interests therein are incorporated within and made part of the historical park. Any funds available for purposes of the monument shall be available for purposes of the historical park. (2) References.--Any reference in a law (other than in this Act), regulation, document, record, map or other paper of the United States to Cesar E. Chavez National Monument shall be considered a reference to the historical park. (f) Administration.-- (1) In general.--The Secretary shall administer the historical park in accordance with this section, and the laws generally applicable to units of the National Park System, including-- (A) those sections of title 54, United States Code, formerly part of the Act of August 25, 1916 (commonly known as the National Park System Organic Act); and (B) sections 320101 through 320106 and section 309101 of title 54, United States Code. (2) Interpretation.--The Secretary may provide staff and technical assistance for the purpose of interpreting historic sites, museums, and resources on lands not administered by the Secretary relating to the life of Cesar Chavez and the history of the farm worker movement. (3) Cooperative agreements.-- (A) In general.--The Secretary may enter into cooperative agreements with the States, local governments, public and private organizations, and individuals-- (i) to mark, interpret, preserve, and restore nationally significant historic or cultural resources relating to the life of Cesar Chavez or the history of the farm worker movement within the boundaries of the historical park, if the agreement provides for reasonable public access; (ii) to conduct research relating to the life of Cesar Chavez or the history of the farm worker movement; or (iii) to design, construct, operate, or maintain National Park Service visitor, interpretive, or administrative facilities for the historical park. (B) Cost-sharing requirement.-- (i) Federal share.--The Federal share of the total cost of an activity carried out under this paragraph shall not exceed 50 percent. (ii) Form of non-federal share.--The non- Federal share of the cost of carrying out an activity under this paragraph may be in the form of in-kind contributions or goods or services, fairly valued. (g) General Management Plan.-- (1) In general.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 100502 of title 54, United States Code. (2) Additional sites.--The general management plan shall include a determination of whether there are additional representative sites in the States that should be added to the historical park or sites in the rest of the United States that relate to the farm worker movement that should be linked to and interpreted at the historical park. (3) Consultation.--The general management plan shall be prepared in consultation with-- (A) owners of properties that are included within the boundaries of the historical park; and (B) appropriate Federal, State, public and private organizations and individuals, including-- (i) the National Chavez Center; and (ii) the Cesar Chavez Foundation. SEC. 5. AMERICAN FARM WORKER MOVEMENT INTERPRETIVE ROUTE. (a) Establishment of Route.--The Secretary, with the concurrence of the agency having jurisdiction over the relevant roads, trails, and properties, may designate a vehicular tour route known as the ``American Farm Worker Movement Interpretive Route'' to link properties in the States that are historically and thematically associated with Cesar Chavez and the farm worker movement. (b) Elements of Route.--Subject to the consent of the owner of the property, the Secretary may designate as an official stop on the route-- (1) all units and programs of the historical park relating to the life of Cesar Chavez and the history of the farm worker movement; (2) other Federal, State, local, and privately owned properties that the Secretary determines have a verifiable connection to Cesar Chavez and the farm worker movement; and (3) other governmental and nongovernmental facilities and programs of an educational, commemorative, research, or interpretive nature that the Secretary determines to be related to Cesar Chavez and the history of the farm worker movement. (c) Administration of Route.--The route shall be administered by the Secretary. (d) Activities.--To facilitate the establishment of the route and the dissemination of information regarding the route, the Secretary may-- (1) work with interested entities and individuals to mark, interpret and preserve sites associated with Cesar Chavez and the farm worker movement; (2) produce and disseminate appropriate educational materials regarding the route, such as handbooks, maps, exhibits, signs, interpretive guides, and electronic information; (3) coordinate the management, planning, and standards of the route in partnership with participating properties, other Federal agencies, and State and local governments; (4) create and adopt an official uniform symbol or device to mark the route; and (5) issue guidelines for the use of the symbol or device adopted under paragraph (4).

Summary: Cesar Chavez National Historical Park Act This bill establishes as a unit of the National Park System the Cesar Chavez National Historical Park in California and Arizona, replacing the Cesar E. Chavez National Monument and incorporating the Monument lands and interests within, and as part of, the Historical Park. The Department of the Interior may provide staff and technical assistance for the interpretation of historic sites, museums, and resources on lands not administered by Interior related to the life of Cesar Chavez and the history of the farm worker movement. Interior may designate a vehicular tour route, to be known as the American Farm Worker Movement Interpretive Route, to link properties in California and Arizona that are historically and thematically associated with Cesar Chavez and the farm worker movement.


SECTION 1. PURPOSE. It is the purpose of this Act to ensure that Federal funding is provided to support and sustain the longstanding Federal mandate requiring Fort Lewis College in the State of Colorado to waive tuition charges for each Indian student it admits to an undergraduate program, including the waiver of tuition charges for Indian students who are not residents of the State of Colorado. SEC. 2. FINDINGS. Congress finds that-- (1) Fort Lewis College in the State of Colorado is a signature school for Indian students from throughout the Nation and graduates more Indian students than any other baccalaureate institution of higher education; (2) in 2009, Fort Lewis College awarded 95 degrees in science, technology, engineering, and mathematics to Indian students, representing 13.5 percent of degrees awarded by baccalaureate institutions of higher education to Indian students, more degrees than any other comparable baccalaureate institution in the Nation; (3) as of the 2010-11 academic year, Fort Lewis College provides federally mandated tuition-free education to approximately 786 Indian students from 124 different Indian tribes and 34 different States, representing approximately 20 percent of the overall student population at this non-tribal institution of higher education that serves Indian students; (4) the Federal mandate to provide tuition-free education to Indian students was first placed upon the State of Colorado under section 5 of the Act of April 4, 1910 (36 Stat. 273, chapter 140), as a condition of the transfer of the land, buildings, and fixtures comprising Fort Lewis School, which had been federally operated; (5) the amount of funds expended by the State of Colorado to meet the waiver of tuition obligations under section 5 of the Act of April 4, 1910 (36 Stat. 273, chapter 140), for all Indian students, both out-of-State and in-State, far exceeds the value of the land, buildings, and fixtures that the State of Colorado holds for the benefit of Fort Lewis College; (6) the State of Colorado has expended more than $110,000,000 in the past 25 years to meet the costs of the tuition waivers for Indian students at Fort Lewis College from 44 different States; and (7) the federally mandated tuition waiver program for Indian students at Fort Lewis College is at risk of being reduced by the severe budget constraints of the State of Colorado, thereby jeopardizing the education of many talented Indian students from around the Nation, in present and future classes. SEC. 3. STATE RELIEF FROM FEDERAL MANDATE. (a) Amount of Payment.-- (1) In general.--Subject to paragraph (2), for fiscal year 2011 and each succeeding fiscal year, the Secretary of Education shall pay to Fort Lewis College in the State of Colorado an amount equal to the charges for tuition for all Indian students who are not residents of the State of Colorado and who are enrolled in Fort Lewis College for the academic year ending before the beginning of such fiscal year. (2) Limitation.--The amount paid to Fort Lewis College for each fiscal year under paragraph (1) may not exceed the amount equal to the charges for tuition for all Indian students who were not residents of the State of Colorado and who were enrolled in Fort Lewis College for academic year 2010-2011. (b) Treatment of Payment.--Any amounts received under this section shall be treated as a reimbursement from the State of Colorado to Fort Lewis College for complying with the requirement of section 5 of the Act of April 4, 1910 (36 Stat. 273, chapter 140), to admit Indian students free of charge of tuition. (c) Rule of Construction.--Nothing in this Act shall be construed to relieve the State of Colorado from reimbursing, for purposes of complying with the requirements of section 5 of the Act of April 4, 1910 (36 Stat. 273, chapter 140), Fort Lewis College for each academic year-- (1) with respect to Indian students who are not residents of the State of Colorado and who are enrolled in Fort Lewis College, any amount of charges for tuition for such students that exceeds the amount received under this section for such academic year; and (2) with respect to Indian students who are residents of the State of Colorado and who are enrolled in Fort Lewis College, an amount equal to the charges for tuition for such students for such academic year. (d) Definition.--In this section, the term ``Indian students'' refers to the term ``Indian pupils'' in section 5 of the Act of April 4, 1910 (36 Stat. 269, chapter 140). (e) Funding.--There are authorized to be appropriated, and there are appropriated (in addition to any other amounts appropriated to carry out this section and out of any money in the Treasury not otherwise appropriated), such sums as may be necessary to carry out this section.

Summary: Requires the Secretary of Education, beginning in FY2011, to pay to Fort Lewis College in Colorado an amount equal to the charges for tuition for enrolled Indian students who are not Colorado residents. Limits the amount paid to Fort Lewis College per fiscal year to an amount equal to the charges for tuition for Indian students who were non-Colorado residents and were enrolled for the academic year 2010-2011. Treats amounts received under this Act as a reimbursement from Colorado to Fort Lewis College for complying with federal law requiring the admission of Indian students at the College free of charge of tuition. Prohibits anything in this Act from being construed as relieving Colorado from reimbursing Fort Lewis College for each academic year: (1) with respect to enrolled Indian students who are not Colorado residents, any amount of the charges for their tuition which exceeds the amount received under this Act; and (2) with respect to enrolled Indian students who are Colorado residents, an amount equal to the charges for their tuition.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Positive Train Control Safety Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Implementation deadline. Sec. 3. Transparency. Sec. 4. Positive train control on high-hazard flammable trains. Sec. 5. Coordination of spectrum. Sec. 6. Confidential close call reporting systems. Sec. 7. Commuter rail track inspections. Sec. 8. Positive train control at grade crossings effectiveness study. Sec. 9. Redundant signal protection. SEC. 2. IMPLEMENTATION DEADLINE. Section 20157 of title 49, United States Code, is amended-- (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following: ``(h) Extension.-- ``(1) In general.--After transmitting the report under subsection (d), the Secretary may extend the implementation deadline, in 1-year increments, upon application, if the Secretary-- ``(A) determines that-- ``(i) full implementation will likely be infeasible due to circumstances beyond the control of the applicant, including funding availability, spectrum acquisition, resource and technology availability, and interoperability standards; ``(ii) the applicant has demonstrated good faith in its positive train control implementation; and ``(iii) the applicant has presented a revised positive train control implementation plan indicating how it will fully implement positive train control as soon as feasible, and not later than December 31, 2018; and ``(B) has taken into consideration-- ``(i) whether the affected areas of track have been identified as areas of greater risk to the public and railroad employees in the applicant's positive train control implementation plan under section 236.1011(a)(4) of title 49, Code of Federal Regulations; and ``(ii) the risk of operational failure to the affected service areas and the applicant. ``(2) Application review.--Not later than 120 days after the Secretary receives an application under paragraph (1), the Secretary review and approve or disapprove the application. ``(3) Maximum extension.--The Secretary may extend the implementation deadline for an applicant whose application is under review, but may not extend the implementation deadline beyond June 30, 2016.''. SEC. 3. TRANSPARENCY. Section 20157(a) of title 49, United States Code, as amended by section 2, is further amended by adding at the end the following: ``(3) Progress reports.-- ``(A) In general.--Beginning 6 months after the date of the enactment of the Positive Train Control Safety Act, and annually thereafter until its positive train control system is certified by the Secretary under subsection (h), each Class I railroad carrier, and each entity providing regularly scheduled intercity or commuter rail passenger transportation, required to submit a plan under paragraph (1) shall submit a progress report to the Secretary on the status of the plan. ``(B) Contents.--Each progress report submitted under subparagraph (A) shall include-- ``(i) a section describing-- ``(I) the total number of positive train control components required; ``(II) the number of such components that have been installed, equipped, or deployed; ``(III) the number of components that remain to be installed, equipped, or deployed; and ``(IV) an estimated completion date for full positive train control system completion; ``(ii) a section summarizing-- ``(I) the number of employees requiring training under section 236.1041 of title 49, Code of Federal Regulations; and ``(II) the status of such training activities; and ``(iii) a section summarizing the remaining challenges to full positive train control system implementation, including-- ``(I) testing issues; ``(II) interoperability challenges; and ``(III) certification challenges. ``(C) Defined term.--In this paragraph, the term `component' means a locomotive apparatus, a wayside interface unit, switches in non-signal positive train control territory, a base station radio, a wayside radio, or a locomotive radio. ``(D) Public availability.--Not later than 30 days after receiving a progress report under this paragraph, the Secretary shall make the report available on the website of the Federal Railroad Administration.''. SEC. 4. POSITIVE TRAIN CONTROL ON HIGH-HAZARD FLAMMABLE TRAINS. Section 20157(a)(1) of title 49, United States Code, as amended by this Act, is further amended-- (1) by striking ``Not later than 18 months after the date of enactment of the Rail Safety Improvement Act of 2008, each'' and inserting ``Each''; (2) in subparagraph (B)-- (A) by striking ``parts'' and inserting ``sections''; and (B) by striking ``transported; and'' and inserting ``transported on or after December 31, 2015;''; (3) by redesignating subparagraph (C) as subparagraph (D); and (4) by inserting after subparagraph (B), the following: ``(C) its main line over which 20 or more tank cars loaded with petroleum crude oil, ethanol, or other Class 3 material (as described in section 172.101 of title 49, Code of Federal Regulations) are transported; and''. SEC. 5. COORDINATION OF SPECTRUM. (a) Coordination of Spectrum.--Subchapter II of chapter 201 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 20168. Electromagnetic spectrum ``Not later than 120 days after the date of the enactment of the Positive Train Control Safety Act, the Secretary of Transportation, in coordination with the Chairman of the Federal Communications Commission, shall assess spectrum needs and availability for implementing positive train control systems (as defined in section 20157(j)). In carrying out this section, the Secretary and the Chairman may consult with external stakeholders.''. (b) Clerical Amendment.--The table of sections for chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20167 the following: ``20168. Electromagnetic spectrum.''. SEC. 6. CONFIDENTIAL CLOSE CALL REPORTING SYSTEMS. (a) In General.--Subchapter II of chapter 201 of title 49, United States Code, as amended by section 6(a), is further amended by adding at the end the following: ``Sec. 20169. Confidential close call reporting systems ``(a) Rulemaking.--Not later than 1 year after the date of the enactment of the Positive Train Control Safety Act, the Secretary shall promulgate regulations setting forth the requirements that an applicable railroad carrier shall follow in establishing a confidential close call reporting system program. The Secretary may use any information and experience gathered through research and pilot programs on confidential close call reporting systems in developing regulations under this subsection, including continuing the use of third parties for the collection of close call reports and distribution of close call data. The Secretary shall ensure that an applicable railroad carrier's employees receive protection under its program from any related Federal Railroad Administration enforcement actions. ``(b) Program Development and Oversight.-- ``(1) In general.--Not later than 180 days after the date on which final regulations are promulgated under subsection (a), an applicable railroad carrier shall develop and submit a proposed confidential close call reporting system program to the Secretary for review and approval. ``(2) Contents.--The proposal submitted by a railroad carrier under paragraph (1) shall-- ``(A) a describe the core principles and values of its proposed program; ``(B) explain the rights, roles, and responsibilities of program stakeholders; ``(C) identify concerns and interests; and ``(D) describe how the program will operate. ``(3) Review.-- ``(A) In general.--The Secretary shall review and approve or disapprove each proposed program within a reasonable amount of time. If a proposed program is not approved, the Secretary shall notify the applicable railroad carrier in writing of the specific areas in which the proposed program is deficient. The applicable railroad carrier shall correct all deficiencies within a reasonable period of time following receipt of written notice from the Secretary. ``(B) Updates.--An applicable railroad carrier shall update its program as needed and obtain the Secretary's approval prior to making any major changes to its program. ``(C) Annual reviews.--The Secretary shall conduct an annual review to ensure that each applicable railroad carrier is in compliance with its approved program. ``(c) In General.--Not later than 2 years after the date of the enactment of the Positive Train Control Safety Act, each applicable railroad carrier shall establish a confidential close call reporting system. ``(d) Program Elements.--Each applicable railroad carrier shall-- ``(1) provide a safe environment for its employees to report unsafe events and conditions; ``(2) for unsafe events and conditions reported within the scope of a confidential close call reporting system, ensure that its employees are protected from railroad carrier discipline; ``(3) use information collected through the confidential close call reporting system to develop and implement targeted corrective actions, as appropriate; and ``(4) use information collected by the system to supplement inspection data in identifying safety issues and emerging risks before they develop into accidents. ``(e) Consensus.-- ``(1) In general.--Each applicable railroad carrier shall consult with, employ good faith with, and use its best efforts to reach agreement with all of its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier, on the development and implementation of the proposed program. ``(2) Statements.--If an applicable railroad carrier and its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the applicable railroad carrier, cannot reach consensus on the development and implementation of the proposed program, then directly affected employees and such organization may file a statement with the Secretary explaining their views on the proposed program on which consensus was not reached. The Secretary shall consider such views during review of the proposed program under subsection (b)(3)(A). ``(f) Voluntary Program Establishment.--Any railroad carrier that is not an applicable railroad carrier may voluntarily establish a program under this section. This section, and any regulations promulgated under this section, shall apply to a program that is voluntarily established. ``(g) Use of Data.--The Secretary may use the confidential close call reporting data when-- ``(1) implementing or updating the Federal Railroad Administration's National Inspection Plan; ``(2) performing focused inspections; or ``(3) developing agency rulemakings and guidance, as appropriate. ``(h) Defined Term.--In this section, the term `applicable railroad carrier' means a railroad carrier that-- ``(1) is a Class I railroad; ``(2) has inadequate safety performance, as determined by the Secretary; or ``(3) provides intercity rail passenger or commuter rail passenger transportation. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary-- ``(1) to implement this section; and ``(2) to support the nationwide implementation of confidential close call reporting system programs, as the Secretary determines appropriate.''. (b) Clerical Amendment.--The table of sections for chapter 201 of title 49, United States Code, as amended by section 7(b), is further amended by adding at the end the following: ``20169. Confidential close call reporting systems.''. SEC. 7. COMMUTER RAIL TRACK INSPECTIONS. (a) In General.--Subchapter II of chapter 201 of title 49, United States Code, as amended by sections 6 and 7, is further amended by adding at the end the following: ``Sec. 20170. Commuter rail track inspections ``(a) In General.--When performing a required inspection under subpart F of part 213 of title 49, Code of Federal Regulations, a railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines (as described in section 213.233(b)(3) of title 49, Code of Federal Regulations) shall-- ``(1) at least once each 2 weeks-- ``(A) traverse each main line by vehicle; or ``(B) inspect each main line on foot; and ``(2) at least once each month, traverse and inspect each siding by vehicle or by foot. ``(b) Construction.--Nothing in this section may be construed to limit the authority of the Secretary to promulgate regulations or issue orders under any other law.''. (b) Clerical Amendment.--The table of sections for chapter 201 of title 49, United States Code, as amended by sections 6 and 7, is further amended by adding at the end the following: ``20170. Commuter rail track inspections.''. SEC. 8. POSITIVE TRAIN CONTROL AT GRADE CROSSINGS EFFECTIVENESS STUDY. (a) In General.--The Secretary of Transportation, in consultation with the Administrator of the Federal Railroad Administration, shall conduct a study of the effectiveness of positive train control and related technologies on reducing collisions at highway-rail grade crossings. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to conduct the study described in subsection (a). SEC. 9. REDUNDANT SIGNAL PROTECTION. Not later than 1 year after the date of the enactment of the Positive Train Control Safety Act, the Secretary of Transportation shall promulgate such regulations as the Secretary considers necessary to require that on-track safety programs, as described in subpart C of part 214 of title 49, Code of Federal Regulations, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection, such as shunting, for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.

Summary: Positive Train Control Safety Act This bill authorizes the Department of Transportation (DOT) to extend the deadline, in one-year increments, for implementation of positive train control systems if full implementation by the existing deadline will likely be infeasible due to circumstances beyond the control of the applicant, and other certain other criteria are met. Each Class I railroad carrier, and each entity providing regularly scheduled intercity or commuter rail passenger transportation, must submit annual progress reports to DOT on the status of fits implementation plan. Such plans shall now be required for any such carrier or entity governing operations on a main line over which 20 or more tank cars loaded with petroleum crude oil, ethanol, or other Class 3 material are transported. DOT shall assess electromagnetic spectrum needs and availability for implementing positive train control systems. Applicable railroad carriers shall establish a confidential close call reporting system program subject to DOT regulations. A railroad carrier providing commuter rail passenger transportation on high density commuter railroad lines, when performing a required inspection, shall: at least once each two weeks traverse each line by vehicle or inspect each main line on foot, and at least once each month traverse and inspect each siding by vehicle or by foot. DOT shall: study the effectiveness of positive train control and related technologies on reducing collisions at highway-rail grade crossings; and promulgate regulations to require that on-track safety programs, whenever practicable and consistent with other safety requirements and operational considerations, include requiring implementation of redundant signal protection, such as shunting, for maintenance-of-way work crews who depend on a train dispatcher to provide signal protection.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Rebuilding Equity Act of 2013''. SEC. 2. REBUILDING EQUITY PROGRAM. (a) Establishment of Voluntary Program.-- (1) Establishment.-- (A) Payment of closing costs.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation (in this Act referred to as the ``enterprises'') shall each establish a voluntary program for borrowers described in paragraph (2), under which the enterprises shall pay $1,000 toward the closing costs associated with applying for and receiving the refinancing when the borrower agrees to refinance into a fully amortizing loan with a term of not longer than 20 years. (B) First year of program.--During the 12-month period that begins on the date of enactment of this Act, the amount of the closing costs that each enterprise shall pay under the program shall not vary based on the term of the mortgage that the borrower agrees to refinance into. (C) Subsequent years.-- (i) Annual recalculation of closing costs payment.--Upon the expiration of the 12-month period set forth under subparagraph (B), and for each of the next two 12-month periods thereafter, the Director of the Federal Housing Finance Agency-- (I) shall adjust the amount of the portion of the closing costs that each enterprise will pay under the program-- (aa) by an amount that results in such program being revenue neutral for such 12- month period; and (bb) based on economic conditions generally affecting the mortgage and housing markets; and (II) may adjust the amount of the closing costs that each enterprise will pay under the program based on the term of the mortgage that the borrower agrees to refinance into. (ii) Report.--The Director of the Federal Housing Finance Agency shall report any adjustments made pursuant to the requirements of clause (i) to the Chair and Ranking Member of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives. (2) Eligible borrowers.--The program required by paragraph (1) shall be for any borrower-- (A) who qualifies for the Home Affordable Refinance Program carried out by the enterprises; (B) whose subject property has a loan-to-value ratio of not less than 105 percent; and (C) who refinances from a loan with an original term of 30 years to a loan with a term of 20 years or less. (b) Sunset.--Each voluntary program under this section shall terminate on the date that is 3 years after the date of establishment of such program. (c) Definitions.--As used in this section, the following definitions shall apply: (1) Loan-to-value ratio.--The term ``loan-to-value ratio'' means the ratio of the amount of the primary mortgage on a property to the value of that property. (2) Closing costs.--The term ``closing costs''-- (A) means all reasonable and actual costs charged to the borrower by a third party to the refinancing transaction; (B) includes-- (i) appraisal and inspection fees; (ii) fees associated with obtaining a borrower's credit report; (iii) title insurance and title examination costs; (iv) attorneys' fees associated with closing the transaction, other than attorneys' fees associated with disputes arising out of the transaction or otherwise ancillary to closing the transaction; (v) document preparation costs, if completed by a third party not controlled by the lender; (vi) transfer stamps, recording fees, courier fees, wire transfer fees, and reconveyance fees; and (vii) test and certification fees; and (C) does not include any costs charged to the borrower by the lender, including-- (i) lender application fees; and (ii) lender origination fees.

Summary: Rebuilding Equity Act of 2013 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (government sponsored enterprises or GSEs) to each establish a voluntary program for eligible borrowers under which the GSE shall pay $1,000 toward the closing costs associated with applying for and receiving the refinancing when the borrower agrees to refinance into a fully amoritizing loan with a term not longer than 20 years. Prohibits the amount of the closing costs that each GSE pays under the program during the 12 months following enactment of this Act from varying based on the term of the mortgage that the borrower agrees to refinance into. Requires the Director of the Federal Housing Finance Agency, for each of the next two 12-month periods, to: (1) adjust the amount of the portion of the closing costs that each GSE will pay in accordance with specified requirements. Makes eligible for the program borrowers: (1) who qualify for the Home Affordable Refinance Program carried out by the GSEs, (2) whose subject property has a loan-to-value ratio of at least 105%, and (3) who refinances from a loan with an original 30-year term to a loan with a term of 20 years or less.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Pregnant Women and Children From Perchlorate Act of 2011''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) perchlorate-- (A) is a chemical used as the primary ingredient of solid rocket propellant; and (B) is also used in fireworks, road flares, and other applications; (2) waste from the manufacture and improper disposal of chemicals containing perchlorate is increasingly being discovered in soil and water; (3) according to the Government Accountability Office, perchlorate contamination has been detected in water and soil at almost 400 sites in the United States, with concentration levels ranging from 4 parts per billion to millions of parts per billion; (4) the Government Accountability Office has determined that the Environmental Protection Agency does not centrally track or monitor perchlorate detections or the status of perchlorate cleanup, so a greater number of contaminated sites may already exist; (5) according to the Government Accountability Office, limited Environmental Protection Agency data show that perchlorate has been found in 35 States and the District of Columbia and is known to have contaminated 153 public water systems in 26 States; (6) those data are likely underestimates of total drinking water exposure, as illustrated by the finding of the California Department of Health Services that perchlorate contamination sites have affected approximately 273 drinking water sources and 86 drinking water systems in the State of California alone; (7) Food and Drug Administration scientists and other scientific researchers have detected perchlorate in the United States food supply, including in lettuce, milk, cucumbers, tomatoes, carrots, cantaloupe, wheat, and spinach, and in human breast milk; (8)(A) perchlorate can harm human health, especially in pregnant women and children, by interfering with uptake of iodide by the thyroid gland, which is necessary to produce important hormones that help control human health and development; (B) in adults, the thyroid helps to regulate metabolism; (C) in children, the thyroid helps to ensure proper mental and physical development; and (D) impairment of thyroid function in expectant mothers or infants may result in effects including delayed development and decreased learning capability; (9)(A) in October 2006, researchers from the Centers for Disease Control and Prevention published the largest, most comprehensive study to date on the effects of low levels of perchlorate exposure in women, finding that-- (i) significant changes existed in thyroid hormones in women with low iodine levels who were exposed to perchlorate; and (ii) even low-level perchlorate exposure may affect the production of hormones by the thyroid in iodine- deficient women; and (B) in the United States, about 36 percent of women have iodine levels equivalent to or below the levels of the women in the study described in subparagraph (A); and (10) the Environmental Protection Agency has not established a health advisory or national primary drinking water regulation for perchlorate, but instead established a ``Drinking Water Equivalent Level'' of 24.5 parts per billion for perchlorate, which-- (A) does not take into consideration all routes of exposure to perchlorate; (B) has been criticized by experts as failing to sufficiently consider the body weight, unique exposure, and vulnerabilities of certain pregnant women and fetuses, infants, and children; and (C) is based primarily on a small study and does not take into account new, larger studies of the Centers for Disease Control and Prevention or other data indicating potential effects at lower perchlorate levels than previously found. (b) Purposes.--The purposes of this Act are-- (1) to require the Administrator of the Environmental Protection Agency to establish, by not later than 90 days after the date of enactment of this Act, a health advisory for perchlorate in drinking water that-- (A) is fully protective of, and considers, the body weight and exposure patterns of pregnant women, infants, and children; (B) provides an adequate margin of safety; and (C) takes into account all routes of exposure to perchlorate; (2) to require the Administrator of the Environmental Protection Agency to establish not later than 1 year after the date of enactment of this Act a national primary drinking water regulation for perchlorate that fully protects pregnant women, infants, and children, taking into consideration body weight, exposure patterns, and all routes of exposure to perchlorate. SEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER REGULATION FOR PERCHLORATE. Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 300g- 1(b)(12)) is amended by adding at the end the following: ``(C) Perchlorate.-- ``(i) Health advisory.--Notwithstanding any other provision of this section, not later than 90 days after the date of enactment of this subparagraph, the Administrator shall publish a health advisory for perchlorate that is fully protective, with an adequate margin of safety, of the health of vulnerable persons (including pregnant women, infants, and children), taking into consideration body weight, exposure patterns, and all routes of exposure. ``(ii) Proposed regulations.-- Notwithstanding any other provision of this section, the Administrator shall propose (not later than 180 days after the date of enactment of this subparagraph) and shall finalize (not later than 1 year after the date of enactment of this subparagraph) a national primary drinking water regulation for perchlorate-- ``(I) that based on the factors in clause (i) and other relevant data, is protective, with an adequate margin of safety, of vulnerable persons (including pregnant women, infants, and children); and ``(II) the maximum contaminant level of which is as close to the maximum contaminant level goal for perchlorate, and as protective of vulnerable persons, as is feasible.''.

Summary: Protecting Pregnant Women and Children From Perchlorate Act of 2011 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) publish a health advisory for perchlorate that is fully protective of the health of vulnerable persons (including pregnant women, infants, and children), taking into consideration body weight, exposure patterns, and all routes of exposure; and (2) establish a national primary drinking water regulation for perchlorate that is protective of vulnerable persons and the maximum contaminant level of which is as close to the maximum contaminant level goal for perchlorate, and as protective of vulnerable persons, as is feasible.