SECTION 1. SHORT TITLE. This Act may be cited as the ``Building Bridges and Transforming Resentment and Unfairness to Support and Trust for Municipal Law Enforcement Act of 2014'' or the ``Build TRUST Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) The growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators promotes unfair, excessive targeting of citizens by law enforcement agents, infringes on civil liberties, and promotes reliance on unpredictable revenue sources. (2) The growing trend of local units of government using traffic fines and traffic court fees and costs as revenue generators has the potential to breed public cynicism and distrust of local law enforcement agencies, and to lessen public confidence that the laws are being enforced impartially and the criminal justice system is administered equally. SEC. 3. REDUCTION IN GRANT FUNDING FOR UNITS OF LOCAL GOVERNMENT. (a) Collection of Fines for Violations of Traffic Laws.--Except as provided in subsection (b) or section 4, a unit of local government which, during the previous 3 fiscal years, funded an amount that, on average, was greater than 18 percent of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws, shall, in the case of a unit of local government receiving grant funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), receive only 25 percent of the grant award that would have otherwise been awarded to that unit of local government under such subpart. (b) Disproportionate Racial Composition of Law Enforcement Agencies.--In the case of a unit of local government described in subsection (a) for which, during the previous fiscal year, the percentage of individuals who identify as a race who were employees of the law enforcement agency for that unit of local government, and the percentage of individuals who identify as that race who live in the jurisdiction which that law enforcement agency serves, differs by greater than 30 percent, the unit of local government shall receive only 5 percent of the grant award that would have otherwise been awarded to that unit of local government under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). (c) Obligation of States.--A State that receives a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), which does not reduce a subgrant award made under such grant to a unit of local government in its jurisdiction in accordance with this section, shall, in the succeeding fiscal year, receive only 50 percent of the grant award that would have otherwise been awarded to that State under such subpart. (d) Reallocation.--Any funds withheld from a State or unit of local government from a direct grant award by the Attorney General shall be reallocated in accordance with subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). SEC. 4. EXEMPTIONS. The provisions of section 3 shall not apply in the case of any unit of local government-- (1) that serves a population of less than 15,000 people and so certifies to the Attorney General; or (2) to which the Attorney General has granted a waiver under section 5. SEC. 5. WAIVERS. The Attorney General may, in his or her discretion, grant a waiver under this section to any unit of local government for good cause shown, and shall consider the following factors: (1) Whether, resulting from allegations of excessive uses of force, false arrests, improper searches and seizures, failures to discipline officers sufficiently, or failure to supervise officers, the unit of local government is subject to a consent decree or Memorandum of Understanding, or the subject of an investigation by the Special Litigation Section of the Civil Rights Division of the Department of Justice. (2) Whether the unit of local government has taken affirmative action to ensure that adequate practices and procedures are in place to increase public trust and confidence in the impartial and equitable administration of justice, including-- (A) whether incidents of officer involved shootings and uses of excessive force are investigated by a Special Prosecutor appointed by the Governor, State Attorney General, or Presiding Judge of the local court of jurisdiction; (B) whether incidents of officer involved shootings and uses of excessive force are adjudicated in a public proceeding rather than the grand jury process. (3) Whether the minority community is equitably represented in the municipality's legislative body and executive departments.

Summary: Building Bridges and Transforming Resentment and Unfairness to Support and Trust for Municipal Law Enforcement Act of 2014 or the Build TRUST Act of 2014 - Reduces the amount that would otherwise be awarded to a unit of local government under the Edward Byrne Memorial Justice Assistance Grant Program: (1) by 75% for any such unit that, during the previous three fiscal years, funded an amount that on average was greater than 18% of its operating budget using revenue generated from collecting fines and other fees related to violations of traffic laws; and (2) by 95% for any such unit for which, during the previous fiscal year, the percentage of individuals who identify as a race who were employees of the law enforcement agency for that unit and the percentage of individuals who identify as that race who live in the jurisdiction such agency serves differ by greater than 30%. Reduces by 50% the amount that would otherwise be awarded under such Program to a state that did not reduce a subgrant award to a unit of local government in accordance with this Act in the preceding fiscal year. Requires the Attorney General to reallocate funds withheld from a state or unit of local government pursuant to this Act in accordance with the Program. Exempts any local governmental unit which certifies that it serves a population of less than 15,000 or to which the Attorney General has granted a waiver for good cause shown based on specified factors, including that: (1) such unit has taken affirmative action to ensure that adequate practices and procedures are in place to increase public trust and confidence in the impartial and equitable administration of justice, and (2) the minority community is equitably represented in the unit's legislative body and executive departments.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Dual Incentive Education Act of 2002''. SEC. 2. GRADUATE STUDY REIMBURSEMENTS FOR CERTAIN LEGISLATIVE BRANCH EMPLOYEES. (a) In General.--The head of each employing office in the legislative branch may make payments to an eligible employee of the office to reimburse the employee for tuition and fees paid by the employee to an institution of higher education during a semester for enrollment in a program of post-baccalaureate study leading to a graduate degree. (b) Amount of Payment.--The amount of a payment made to an eligible employee under this Act shall be equal to the amount of tuition and fees paid by the employee to the institution of higher education for the semester (excluding any portion of such tuition and fees covered by a scholarship or other type of financial assistance which does not consist of a student loan), except that such amount may not exceed $3,000. SEC. 3. ELIGIBILITY OF EMPLOYEES. (a) In General.--For purposes of this section, an employee is eligible to receive a payment under this Act if-- (1) at the time the first payment is made to the employee under this Act, the employee has been continuously employed on a full-time basis by an employing office for not fewer than 12 consecutive months; (2) with respect to the semester for which the payment is made, the employee meets the student assistance eligibility requirements of section 484(a) of the Higher Education Assistance Act of 1965 (20 U.S.C. 1091(a)); (3) with respect to the semester for which the payment is made, the employee provides the head of the employing office with a certification from the institution of higher education in which the employee is enrolled of the employee's enrollment in a graduate program and of the amount of tuition and fees paid by the employee to the institution; (4) the employee has not received a payment under this Act for enrollment in another program of post-baccalaureate study, except that nothing in this paragraph may be construed to prohibit an employee from receiving a payment for enrollment in a program leading to more than one graduate degree; and (5) the employee provides the office with such other information and assurances as the head of the office may require. (b) Treatment of Payments as Addition to Basic Pay.--Any payment made to an eligible employee under this Act shall be in addition to basic pay and any other form of compensation otherwise payable to the employee involved. SEC. 4. PERMITTING PAYMENTS FOR PREVIOUS ENROLLMENT. An employing office which makes a payment under this Act to an eligible employee with respect to a semester may make a payment under this Act with respect to any semester occurring during the 12-month period which ends on the first day of the first semester for which a payment is made to the employee by such office under this Act if-- (1) the payment is made with respect to the same program of post-baccalaureate study for which the first payment is made to the employee by such office under this Act; and (2) the employee meets the eligibility requirements of section 3 with respect to such semester. SEC. 5. ASSISTANCE OF SECRETARY OF EDUCATION. The Secretary of Education shall assist employing offices in the legislative branch in carrying out this Act. SEC. 6. EMPLOYING OFFICE DEFINED. The term ``employing office in the legislative branch'' means any of the following: (1) The personal office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress). (2) A committee of the House of Representatives or a joint committee, except that the majority and minority office of such a committee shall each be considered as a separate employing office in the legislative branch. (3) Any other office headed by a person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an employee of the House of Representatives. (4) The Office of the Architect of the Capitol. (5) The Capitol Police Board. (6) The Congressional Budget Office. (7) The General Accounting Office. (8) The Government Printing Office. (9) The Library of Congress (including the Congressional Research Service). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to each employing office such sums as may be necessary for making graduate study payments under this Act in fiscal year 2003 and each succeeding fiscal year.

Summary: Dual Incentive Education Act of 2002 - Permits the heads of legislative branch employing offices to make payments to employees of up to $3,000 for reimbursement of tuition and fees for a semester of graduate study. Requires beneficiaries to have been employed full-time for at least 12 consecutive months and to meet the student assistance eligibility requirements of the Higher Education Assistance Act of 1965. Excludes payments for any portion of tuition and fees covered by a scholarship or other type of financial assistance that does not consist of a student loan.


SECTION 1. SUSPENSION OF DUTY ON CERTAIN ITEMS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.05.70 Front panels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 80.01 cm, an outer panel radius of less than 500 cm, and an aspect ratio of 4:3 (provided for in subheading 7011.20.80)...... 9902.05.71 Front panels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 90.17 cm, an outer panel radius of less than 500 cm, and an aspect ratio of 4:3 (provided for in subheading 7011.20.80)...... 9902.05.72 Front panels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 76.00 cm, an outer panel radius of greater than 500 cm, and an aspect ratio of 16:9 (provided for in subheading 7011.20.80)...... 9902.05.73 Front panels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 85.50 cm, an outer panel radius of greater than 500 cm, and an aspect ratio of 16:9 (provided for in subheading 7011.20.80)...... 9902.05.74 32V funnel for use Free No change No change On or before 12/ ... with curved 31/2009 screen panels (provided for in subheading 7011.20.10)...... 9902.05.75 32V funnel for use Free No change No change On or before 12/ ... with Pure Flat 31/2009 (PF) panels (provided for in subheading 7011.20.10)...... 9902.05.76 Funnels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with an outside diagonal measurement of 94.12 cm and an aspect ratio of 4:3. (provided for in subheading 7011.20.10)...... 9902.05.77 Funnels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with an outside diagonal measurement of 80.87 cm and an aspect ratio of 16:9. (provided for in subheading 7011.20.10)...... 9902.05.78 Funnels for Free No change No change On or before 12/ ... cathode-ray 31/2009 television picture tubes with an outside diagonal measurement of 91.50 cm and an aspect ratio of 16:9. (provided for in subheading 7011.20.10)...... 9902.05.79 Pre-assembled Free No change No change On or before 12/ ... glass envelopes 31/2009 consisting of a panel with a viewable diagonal measurement of 21 cm or less, funnel and neck for projection cathode-ray television picture tubes (provided for in subheading 7011.20.80)...... 9902.05.80 Aperture masks Free No change No change On or before 12/ ... made from 31/2009 aluminum-killed, open-coil annealed steel for color picture tubes (provided for in subheading 8540.91.50)...... 9902.05.81 Three-beam Free No change No change On or before 12/ ... electron guns for 31/2009 cathode ray tubes (provided for in subheading 8540.91.50)...... 9902.05.82 One-beam electron Free No change No change On or before 12/ ... guns for 31/2009 projection cathode-ray tubes (provided for in subheading 8540.91.50)...... 9902.05.83 Aperture masks Free No change No change On or before 12/ ''. made from an 31/2009 alloy of iron and nickel (FeNi 36) for color picture tubes. (provided for in subheading 8540.91.50)...... (b) Effective Date.--The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act. SEC. 2. REDUCTION OF DUTY ON CERTAIN ITEMS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.05.94 Front panels for 3.0% No change No change On or before 12/ ''. cathode-ray 31/2009 television picture tubes with a viewable diagonal measurement of 80.03 cm, an outer panel radius of greater than 500 cm, and an aspect ratio of 4:3 (provided for in subheading 7011.20.80.30)... (b) Effective Date.--The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.

Summary: Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2009, the duty on certain: (1) front panels for cathode-ray television picture tubes; (2) 32V funnels for use with curved screen panels; (3) 32V funnels for use with Pure Flat (PF) panels; (4) certain funnels for cathode-ray television picture tubes; (5) pre-assembled glass envelopes; (6) aperture masks made from aluminum-killed, open-coil annealed steel for color picture tubes; (7) three-beam electron guns for cathode ray tubes; (8) one-beam electron guns for projection cathode-ray tubes; and (9) aperture masks. Reduces, through such date, the duty on front panels for certain cathode-ray television picture tubes.


.-- (1) Definition.--For purposes of this section, a joint resolution means a resolution introduced by any Member of Congress after the date the notification described in section 3 is received, the resolving clause of which contains only the following: ``That Congress does not agree with the justification contained in the notification submitted by the President pursuant to the China Nonproliferation Act on ______________ and that the President shall exercise the mandatory measures under section 4 of the Act and one or all of the tier ____ measures under that Act.''; with the first blank space being filled with the appropriate date and the second blank space being filled with the appropriate tier. (2) Referral to committee.-- (A) Senate.--A joint resolution introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. (B) House of representatives.--A joint resolution introduced in the House of Representatives shall be referred to the Committee on International Relations of the House of Representatives. (C) Reporting.--A joint resolution may not be reported before the 8th day after the date on which the joint resolution is introduced. (3) Discharge of committee.--If the committee to which a joint resolution is referred in either House has not reported the joint resolution (or an identical joint resolution) at the end of 15 calendar days during which that House is in session after the date on which the joint resolution is introduced-- (A) the committee shall be deemed to be discharged from further consideration of the joint resolution; and (B) the joint resolution shall be placed on the appropriate calendar of that House. (4) Floor consideration.-- (A) In general.-- (i) Motion to proceed to consideration.-- When the committee to which a joint resolution is referred in either House has reported, or has been deemed to be discharged (under paragraph (3)) from further consideration of, a joint resolution-- (I) it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of that House to move to proceed to the consideration of the joint resolution; and (II) all points of order against the joint resolution (and against consideration of the joint resolution) are waived. (ii) Treatment of motion.--A motion under clause (i)-- (I) is privileged in the Senate and is highly privileged in the House of Representatives; (II) is not debatable; and (III) is not subject to amendment, a motion to postpone, or a motion to proceed to the consideration of other business. (iii) No motion to reconsider.--A motion to reconsider the vote by which a motion under clause (i) is agreed to or disagreed to shall not be in order. (iv) Agreement to motion.--If a motion under clause (i) is agreed to, the joint resolution shall remain the unfinished business of the House until the House disposes of the joint resolution. (B) Debate.-- (i) Time.--Debate on a joint resolution, and on all debatable motions and appeals in connection with consideration of a joint resolution, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. (ii) Amendments and motions out of order.-- An amendment to a joint resolution, a motion to postpone, to proceed to the consideration of other business, or to recommit such a joint resolution, or a motion to reconsider the vote by which such a joint resolution is agreed to or disagreed to is not in order. (C) Vote on final passage.--A vote on final passage of the joint resolution shall be taken in each House on or before the close of the 15th calendar day during which that House is in session after the resolution is reported by the committee of that House to which it was referred, or after the committee has been discharged from further consideration of the resolution. (D) Rulings of the chair of procedure.--Appeals from the decisions of the Chair relating to the application of the rules of either House to the procedure relating to a joint resolution shall be decided without debate. (5) Coordination with action by other house.-- (A) In general.--If, before the passage by 1 House of a joint resolution of that House, that House receives from the other House a joint resolution, the procedures stated in this paragraph shall apply. (B) No referral.--The joint resolution of the other House shall not be referred to a committee. (C) Procedure.--With respect to a joint resolution of the House receiving the joint resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (ii) the vote on final passage shall be on the joint resolution of the other House. (6) Rules of the senate and the house of representatives.-- This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively; and (i) is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution; and (ii) supersedes other rules only to the extent that the subsection is inconsistent with those rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as the rules relate to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. SEC. 7. DETERMINATION EXEMPTING PERSON OR THE PEOPLE'S REPUBLIC OF CHINA FROM SECTIONS 4 AND 5. (a) In General.--Sections 4 and 5 shall not apply to a person or to the People's Republic of China 15 days after the President reports to the Committee on International Relations of the House of Representatives, the Committee on Foreign Relations of the Senate, the Committee on Armed Services of the Senate, the Select Committee on Intelligence of the Senate, and the Committee on Governmental Affairs of the Senate, that the President has determined, on the basis of information provided by that person, or otherwise obtained by the President, that-- (1) the person did not, on or after January 1, 2000, knowingly transfer to or export from the People's Republic of China the goods, services, or technology the apparent transfer or export of which caused that person to be identified in a report submitted pursuant to section 3(a); (2) the person is subject to the primary jurisdiction of a government that is an adherent to one or more relevant nonproliferation regimes, the person was identified in a report submitted pursuant to section 3(a) with respect to a transfer of goods, services, or technology described in section 3(a)(1), and such transfer was made consistent with the guidelines and parameters of all such relevant regimes of which such government is an adherent; or (3) it is important to the national security of the United States not to apply the provisions of section 4 or 5. (b) Opportunity To Provide Information.--Congress urges the President-- (1) in every appropriate case, to contact in a timely fashion each person identified in each report submitted pursuant to section 3(a), or the government with primary jurisdiction over such person, in order to afford such person or government, the opportunity to provide explanatory, exculpatory, or other additional information with respect to the transfer that caused such person to be identified in a report submitted pursuant to section 3(a); and (2) to exercise the authority in subsection (a) in all cases where information obtained from a foreign person identified in a report submitted pursuant to section 3(a), or from the government with primary jurisdiction over such person, establishes that the exercise of such authority is warranted. (c) Submission in Classified Form.--The determination and report of the President under subsection (a) should be submitted in unclassified form, with classified annexes as necessary. SEC. 8. NOTIFICATION TO SECURITIES COMMISSION OF INCLUSION IN REPORT. (a) Definitions.--In this section, the following definitions shall apply: (1) Commission.--The term ``Commission'' means the Securities and Exchange Commission. (2) Registered national securities association.--The term ``registered national securities association'' means an association registered under section 15A(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3(b)). (3) Registered national securities exchange.--The term ``registered national securities exchange'' means a national securities exchange registered under 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f). (4) Registration statement.--The term ``registration statement'' has the same meaning as in section 2 of the Securities Act of 1933 (15 U.S.C. 77b). (5) Securities laws.--The terms ``securities laws'' and ``security'' have the same meanings as in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c). (b) Notification to the Commission.--Each report prepared by the President under section 3 shall be transmitted to the Commission at the times specified in section 3(b). (c) Regulations.--Not later than 6 months after the date of enactment of this Act, the Commission shall promulgate regulations-- (1) to ensure that securities investors are notified of the identity of any person included in a report prepared by the President under section 3, the securities of which are listed, or authorized for listing, on a registered national securities exchange (or tier or segment thereof) or by a registered national securities association; and (2) to require each person included in a report of the President under section 3 to provide notice of such inclusion in each written report, statement, or other filing or notice required from that person under the securities laws, including-- (A) any registration statement; (B) any annual or quarterly report, statement, or other filing or notice; (C) any proxy, consent, authorization, information statement, or other notice required to be sent to shareholders with respect to any security registered pursuant to the securities laws; (D) any report, statement, or other filing or notice required in connection with an initial public offering; and (E) any report, statement, or other filing required in connection with a merger, acquisition, tender offer, or similar transaction.

Summary: (Sec. 3) Requires the President to include in the report information: (1) on any action taken by a person identified in a prior annual report that establishes that the person has discontinued, rectified, or mitigated a prior proliferation activity identified under this Act; (2) on measures taken against such persons or against China in response to proliferation activities; and (3) other specified information. Requires submission of such reports in unclassified form, with classified annexes as necessary. (Sec. 4) Directs the President to apply certain measures for at least 12 months to each person identified in the annual report. Includes among such measures: (1) those set forth Executive Order No. 12938; (2) prohibition of U.S. Government transfers or sales to such person of any item on the U.S. Munitions List, and termination of all sales and after-sale servicing to such person of any defense articles, defense services, or design and construction services under the Arms Export Control Act; (3) denial of licenses, suspension of existing licenses, and termination of all transfers or sales and after-sale servicing for the transfer to such person of any item the export of which is controlled under the Export Administration Act of 1979 or the Export Administration regulations; (4) prohibition of U.S. Government procurement of any goods or services from such person; (5) prohibition of U.S. assistance to such person in the form of grants, loans, credits, guarantees, or otherwise; (6) immediate suspension of any agreements or efforts for the co-development or co-production with such person of any item on the U.S. Munitions List. Sets conditions for the lifting of such measures. (Sec. 5) Requires the President to apply additional specified tier 1, tier 2, and tier 3 measures against China if certain circumstances exist. Requires one or more tier 2 measures if a person's proliferation activities are not rectified, or a person has engaged in additional proliferation activities, one year after imposition of section (4) measures, and one or more tier 3 measures if similar circumstances exist two years after imposition of section (4) measures. (Sec. 6) Sets forth procedures for congressional review of any presidential decision not to impose sanctions under this Act, or to exempt a person or China from such sanctions. Mandates imposition of such sanctions if Congress disapproves by joint resolution the President's decision. (Sec. 7) Requires transmittal to the Securities and Exchange Commission (SEC) of the President's annual report under this Act. Requires the SEC to promulgate regulations to: (1) ensure that securities investors are notified of the identity of any person in the report the securities of which are listed, or authorized for listing, on a registered national securities exchange (or tier or segment) or by a registered national securities association; and (2) require each person included in such a report to provide notice of such inclusion in each written report, registration statement, or other filing or notice required from that person under the securities laws.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Aviation Administration Research, Engineering, and Development Act of 2002''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) Amounts Authorized.--Section 48102(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting a semicolon; and (3) by adding at the end the following: ``(9) for fiscal year 2003, $261,000,000, including-- ``(A) $211,000,000 to improve aviation safety; ``(B) $18,000,000 to improve the efficiency of the air traffic control system; ``(C) $16,000,000 to reduce the environmental impact of aviation; and ``(D) $16,000,000 to improve the efficiency of mission support; ``(10) for fiscal year 2004, $274,000,000, including-- ``(A) $221,000,000 to improve aviation safety; ``(B) $19,000,000 to improve the efficiency of the air traffic control system; ``(C) $17,000,000 to reduce the environmental impact of aviation; and ``(D) $17,000,000 to improve the efficiency of mission support; and ``(11) for fiscal year 2005, $287,000,000, including-- ``(A) $231,000,000 to improve aviation safety; ``(B) $20,000,000 to improve the efficiency of the air traffic control system; ``(C) $18,000,000 to reduce the environmental impact of aviation; and ``(D) $18,000,000 to improve the efficiency of mission support.''. SEC. 3. COORDINATION OF NATIONAL AVIATION SAFETY AND SECURITY RESEARCH PROGRAMS. (a) Development of Plan.--Not later than June 30, 2003, the National Aeronautics and Space Administration Administrator, the Federal Aviation Administration Administrator, and the Under Secretary of Transportation for Security shall prepare and transmit an updated integrated civil aviation research and development plan to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Science. (b) Contents.--The updated integrated civil aviation research and development plan shall include-- (1) identification of the respective aviation research and development requirements, roles, and responsibilities of the National Aeronautics and Space Administration, the Federal Aviation Administration, and the Transportation Security Administration; and (2) review of steps they could take to facilitate the transfer and adoption of new technologies in an operational environment, including consideration of increasing the exchange of research staff, providing greater details on funding at the project level in joint plans, and providing for greater use of technology readiness in program plans and budgets to help frame the maturity of new technologies and determine when they can be implemented. SEC. 4. RESEARCH PROGRAM TO IMPROVE AIRFIELD PAVEMENTS. The Federal Aviation Administration Administrator shall continue the program to consider awards to nonprofit concrete and asphalt pavement research foundations to improve the design, construction, rehabilitation, and repair of concrete and asphalt airfield pavements to aid in the development of safer, more cost-effective, and more durable airfield pavements. The Administrator may use grants or cooperative agreements in carrying out this section. Nothing in this section requires the Administrator to prioritize an airfield pavement research program above safety, security, Flight 21, environment, or energy research programs. SEC. 5. ENSURING APPROPRIATE STANDARDS FOR AIRFIELD PAVEMENTS. (a) In General.--The Federal Aviation Administration Administrator shall review and determine whether the Federal Aviation Administration's standards used to determine the appropriate thickness for asphalt and concrete airfield pavements are in accordance with the Federal Aviation Administration's standard 20-year-life requirement using the most up-to-date available information on the life of airfield pavements. If the Administrator determines that such standards are not in accordance with that requirement, the Administrator shall make appropriate adjustments to the Federal Aviation Administration's standards for airfield pavements. (b) Report.--Within 1 year after the date of enactment of this Act, the Administrator shall report the results of the review conducted under subsection (a) and the adjustments, if any, made on the basis of that review to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Science. SEC. 6. AIR TRAFFIC MANAGEMENT RESEARCH AND DEVELOPMENT INITIATIVE. (a) Objective.--The Federal Aviation Administration Administrator, in coordination with the National Aeronautics and Space Administration Administrator, shall participate in a national initiative with the objective of defining and developing an air traffic management system designed to meet national long-term aviation security, safety, and capacity needs. The initiative should result in a multiagency blueprint for acquisition and implementation of an air traffic management system that would-- (1) build upon current air traffic management and infrastructure initiatives; (2) improve the security, safety, quality, and affordability of aviation services; (3) utilize a system of systems approach; (4) develop a highly integrated, secure common information network to enable common situational awareness for all appropriate system users; and (5) ensure seamless global operations for system users. (b) Implementation.--In implementing subsection (a), the Federal Aviation Administration Administrator, in coordination with the National Aeronautics and Space Administration Administrator, shall work with other appropriate Government agencies and industry to-- (1) develop system performance requirements; (2) determine an optimal operational concept and system architecture to meet such requirements; (3) utilize new modeling, simulation, and analysis tools to quantify and validate system performance and benefits; (4) ensure the readiness of enabling technologies; and (5) develop a transition plan for successful implementation into the National Airspace System. SEC. 7. ASSESSMENT OF WAKE TURBULENCE RESEARCH AND DEVELOPMENT PROGRAM. (a) Assessment.--The Federal Aviation Administration Administrator shall enter into an arrangement with the National Research Council for an assessment of the Federal Aviation Administration's proposed wake turbulence research and development program. The assessment shall address-- (1) research and development goals and objectives; (2) research and development objectives that should be part of Federal Aviation Administration's proposed program; (3) proposed research and development program's ability to achieve the goals and objectives of the Federal Aviation Administration, and of the National Research Council, the schedule, and the level of resources needed; and (4) the roles other Federal agencies, such as National Aeronautics and Space Administration and the National Oceanic and Atmospheric Administration, should play in wake turbulence research and development, and coordination of these efforts. (b) Report.--A report containing the results of the assessment shall be provided to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Science not later than 1 year after the date of enactment of this Act. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Federal Aviation Administration Administrator for fiscal year 2003, $500,000 to carry out this section. SEC. 8. DEVELOPMENT OF ANALYTICAL TOOLS AND CERTIFICATION METHODS. The Federal Aviation Administration may conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs to manufacturers for the certification of new products. SEC. 9. CABIN AIR QUALITY RESEARCH PROGRAM. In accordance with the recommendation of the National Academy of Sciences in its report entitled ``The Airliner Cabin Environment and the Health of Passengers and Crew'', the Federal Aviation Administration may establish a research program to answer questions about cabin air quality of aircraft. SEC. 10. RESEARCH TO IMPROVE CAPACITY AND REDUCE DELAYS. The Administrator may include, as part of the Federal Aviation Administration research program, a systematic review and assessment of the specific causes of airport delay at the 31 airports identified in the Airport Benchmarking Study, on an airport-by-airport basis. Passed the Senate November 18, 2002. Attest: JERI THOMSON, Secretary.

Summary: Federal Aviation Administration Research, Engineering, and Development Act of 2002 - (Sec. 2) Amends Federal aviation law to authorize appropriations out of the Airport and Airway Trust Fund for FY 2003 through 2005 for the Federal Aviation Administration (FAA) for specified aviation research and development (R&D) projects.(Sec. 3) Requires the Administrators of the National Aeronautics and Space Administration (NASA) and the Federal Aviation Administration (FAA), and the Under Secretary of Transportation for Security of the Transportation Security Administration (TSA), to submit to specified congressional committees an updated integrated civil aviation R&D plan that coordinates national aviation safety and security research programs of NASA, the FAA, and the TSA.(Sec. 4) Directs the Administrator of the FAA to continue the program to consider awards to nonprofit concrete pavement research foundations to improve the design, construction, rehabilitation, and repair of rigid concrete airfield pavements to aid in the development of safer, more cost-effective, and more durable airfield pavements.(Sec. 5) Directs the Administrator of the FAA to review and determine, and report the results to specified congressional committees on, whether FAA standards for airfield pavements are in accordance with its standard 20-year-life requirement using the most up-to-date available information on the life of airfield pavements.(Sec. 6) Directs the Administrator of the FAA, in coordination with the Administrator of NASA, to participate in a national air traffic management R&D initiative designed to meet national long-term aviation security, safety, and capacity needs.(Sec. 7) Directs the Administrator of the FAA to enter into an arrangement with the National Research Council to assess, and report the results to specified congressional committees on, the FAA's proposed wake turbulence R&D program. Authorizes appropriations for FY 2003.(Sec. 8) Authorizes the FAA to conduct research to promote the development of analytical tools to improve existing certification methods and to reduce the overall costs to manufacturers for the certification of new products.(Sec. 9) Authorizes the FAA to establish a research program to answer questions about cabin air quality of aircraft.(Sec. 10) Authorizes the Administrator of the FAA to include, as part of the FAA's research program, a systematic review and assessment of the specific causes of airport delay at the 31 airports identified in the Airport Benchmarking Study, on an airport-by-airport basis.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Fort Sumner Project Title Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the Fort Sumner Irrigation District, located in De Baca County, New Mexico. (2) Forbearance agreement.--The term ``Forbearance Agreement'' means the contract between the United States and the District for the forbearance of exercising priority water rights numbered 08-WC-40-292 and dated August 21, 2009 (including any amendments to that contract). (3) Project.--The term ``Project'' means the Fort Sumner reclamation project. (4) Repayment contract.--The term ``Repayment Contract'' means the contract between the United States and the District numbered Ilr-1524 and dated November 5, 1948 (including any supplements and amendments to that contract). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Memorandum of agreement.--The term ``Memorandum of Agreement'' means the agreement entitled ``Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities'' and numbered 11-WC-40-406 (including any amendments to that agreement). (7) Transfer agreement.--The term ``Transfer Agreement'' means the agreement between the United States and the Fort Sumner Irrigation District that identifies the specific terms and conditions of the title transfer. This document will be completed after the requirements described in section 3(d) are satisfied. SEC. 3. CONVEYANCE. (a) In General.--The Secretary is authorized to convey to the District all right and title of the United States in and to all works, land, and facilities of the Project, in accordance with the terms and conditions established in the Transfer Agreement. (b) Valid Existing Rights.--The conveyance under this section shall be subject to all valid existing leases, permits, rights-of-way, easements, and other rights appurtenant to the property conveyed. (c) Costs of Conveyance.--The costs of the conveyance under this section, including the costs of environmental compliance, may be shared between the United States and the District, in accordance with the Memorandum of Agreement. (d) Compliance With Environmental Laws.-- (1) In general.--Before carrying out the conveyance under subsection (a), the Secretary shall assure compliance with all applicable requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other law applicable to the property conveyed. (2) Effect.--Nothing in this Act modifies or alters any obligation under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (e) Failure To Convey.--If the Secretary fails to complete the conveyance under this section by the date that is 2 years after the date of completion of the requirements described in subsection (d) of this Act, the Secretary shall submit to Congress a report that-- (1) explains the reasons why the conveyance has not been completed; and (2) states the date by which the conveyance will be completed. SEC. 4. LIABILITY. (a) In General.--Effective on the date of the conveyance under section 3, the United States-- (1) shall have no further interest in, and shall have no responsibility for operating or maintaining, the Project; and (2) shall not be liable for damages of any kind arising out of any act, omission, or occurrence relating to the conveyed property, except for damages caused by acts committed by the United States or employees, agents, or contractors of the United States before the date of the conveyance. (b) Effect of Section.--Nothing in this section increases the liability of the United States beyond the liability provided under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''). SEC. 5. TERMINATION OF REPAYMENT CONTRACT. Effective beginning on the date of the conveyance under section 3-- (1) the Repayment Contract shall terminate; and (2) the United States and the District shall have no obligations under the Repayment Contract. SEC. 6. FORBEARANCE AGREEMENT. (a) Payment Obligation.--In accordance with paragraph 4(a) of the Forbearance Agreement, effective beginning on the date of termination of the Repayment Contract under section 5, the United States shall have no payment obligation under paragraph 4(a) of the Forbearance Agreement. (b) Other Terms and Conditions.--All other terms and conditions of the Forbearance Agreement shall remain in full force and effect on termination of the Repayment Contract under section 5. (c) Term.--The term of the Forbearance Agreement shall be not less than 10 years after the date of enactment of this Act, as set forth in the Memorandum of Agreement. SEC. 7. FUTURE BENEFITS. After conveyance of title under this Act-- (1) the conveyed property shall not be considered to be a part of a Federal reclamation project; and (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including Federal project power, with respect to the conveyed property, except for benefits that would be available to a similarly situated entity with respect to property that is not part of a Federal reclamation project.

Summary: Fort Sumner Project Title Conveyance Act - Authorizes the Secretary of the Interior to convey to the Fort Sumner Irrigation District, located in De Baca County, New Mexico, all works, land, and facilities of the Fort Sumner reclamation project in accordance with the Memorandum of Agreement between the United States and the Fort Sumner Irrigation District Concerning Principles and Elements of Proposed Transfer of Title to Fort Sumner Irrigation District Facilities. Requires the Secretary, before carrying out such conveyance, to assure compliance with all applicable requirements under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and any other law applicable to the property conveyed. Requires the Secretary to report to Congress if such conveyance isn't completed within two years after such requirements are met. Terminates, on the date of such conveyance: (1) U.S. interest in and responsibility for the project and liability relating to the conveyed property; (2) a specified repayment contract between the United States and the District dated November 5, 1948; and (3) a specified payment obligation of the United States under the contract between the United States and the District for the forbearance of exercising priority water rights, dated August 21, 2009. Provides that all other terms of such forbearance agreement shall remain in effect for not less than 10 years after this Act's enactment. Provides that after conveyance of title under this Act: (1) the conveyed property shall not be considered to be a part of a federal reclamation project; and (2) the entity to which the property is conveyed shall not be eligible to receive any benefits, including federal project power, with respect to the conveyed property, except for benefits that would be available to a similarly situated entity with respect to property that is not part of a federal reclamation project.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Adoption Protection Act''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--Section 2 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1901) is amended-- (1) in paragraph (3), by inserting before the semicolon at the end the following: ``and who would be subject to involuntary removal from the Indian community''; (2) in paragraph (4)-- (A) by inserting ``involuntary'' before ``removal''; and (B) by striking ``nontribal public and private'' and inserting in lieu thereof ``public''; and (3) in paragraph (5), by inserting before the period at the end the following: ``in the course of involuntary termination of parental rights''. (b) Policy.--Section 3 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1902) is amended by inserting ``involuntary'' before ``removal''. SEC. 3. DEFINITIONS. Section 3 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1903) is amended by adding at the end the following: ``(13) `involuntary', with respect to a child custody proceeding, means the absence of a written consent by a parent or legal guardian (other than a tribal court) of the Indian child.''. SEC. 4. CHILD CUSTODY PROCEEDINGS. (a) Jurisdiction.--Section 101 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1911) is amended-- (1) in subsection (a), by inserting ``involuntary'' before ``child custody proceeding''; (2) in subsection (b)-- (A) by inserting ``involuntary'' before ``foster care placement''; and (B) by inserting ``involuntary'' before ``termination of parental rights''; and (3) in subsection (c)-- (A) by inserting ``involuntary'' before ``foster care placement''; and (B) by inserting ``involuntary'' before ``termination of parental rights''. (b) Court Proceedings.--Section 102 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1912) is amended-- (1) in subsection (a)-- (A) by inserting ``involuntary'' before ``foster care placement'' each place it appears; and (B) by inserting ``involuntary'' before ``termination of parental rights'' each place it appears; (2) in subsection (b)-- (A) by inserting ``involuntary'' before ``removal''; (B) by inserting ``involuntary'' before ``placement''; and (C) by inserting ``involuntary'' before ``termination of parental rights''; (3) in subsection (c)-- (A) by striking ``a foster care placement'' and inserting in lieu thereof ``an involuntary foster care placement''; and (B) by inserting ``involuntary'' before ``termination of parental rights''; (4) in subsection (d)-- (A) by striking ``a foster care placement'' and inserting in lieu thereof ``an involuntary foster care placement''; and (B) by inserting ``involuntary'' before ``termination of parental rights''; (5) in subsection (e), by inserting ``involuntary'' before ``foster care placement''; and (6) in subsection (f), by inserting ``involuntary'' before ``termination of parental rights''. (c) Voluntary Termination of Parental Rights.--Section 103 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1913) is amended to read as follows: ``Sec. 103. (a) Upon written consent by a parent or legal guardian (other than a tribal court) of an Indian child to a voluntary child custody proceeding, this title shall thereafter not apply to any child custody proceeding involving the Indian child, and this Act shall thereafter not be the basis for determining jurisdiction over any child custody proceeding involving the Indian child. ``(b) For the purposes of subsection (a), written consent is irrevocable.''. (d) Petition To Invalidate Action.--Section 104 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1914) is amended-- (1) by inserting ``involuntary'' before ``foster care placement''; (2) by inserting ``involuntary'' before ``termination of parental rights''; and (3) by striking ``101, 102, and 103'' and inserting in lieu thereof ``101 and 102''. (e) Adoptive Placement.--Section 105 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1915) is amended-- (1) in subsection (a), by inserting ``involuntary'' before ``adoptive placement''; (2) in subsection (b)-- (A) by inserting ``involuntary'' before ``foster care'' each place it appears; and (B) by inserting ``involuntary'' before ``preadoptive placement'' each place it appears; and (3) in subsection (c)-- (A) by striking ``a placement'' and inserting ``an involuntary placement''; and (B) by striking ``the placement'' and inserting ``the involuntary placement'' each place it appears. (f) Petition for Return of Custody.--Section 106 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1916) is amended-- (1) in subsection (a)-- (A) by inserting ``involuntary'' before ``adoption''; and (B) by striking ``foster care, preadoptive, or adoptive placement'' and inserting in lieu thereof ``involuntary foster care, involuntary preadoptive, or involuntary adoptive placement''; and (2) in subsection (b) by striking ``further''. (g) Information to Adopted Child.--Section 107 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1917) is amended by inserting ``involuntary'' before ``adoptive''. (h) Improper Removal of Child.--Section 110 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1920) is amended-- (1) by striking ``an Indian child custody proceeding'' and inserting ``an involuntary Indian child custody proceeding'' in lieu thereof; and (2) by striking ``removed the child'' and inserting in lieu thereof ``removed an Indian child''. (i) Protection of Parental Rights.--Section 111 of the Indian Child Welfare Act of 1978 (25 U.S.C. 1921) is amended by inserting ``involuntary'' before ``child custody proceeding''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect as of January 1, 1992. Such amendments shall not apply with respect to any permanent placement of an Indian child for adoption occurring before the date of the enactment of this Act.

Summary: Voluntary Adoption Protection Act - Amends the Indian Child Welfare Act of 1978 to exempt voluntary child custody proceedings from coverage under that Act. States that upon written consent by a parent or legal guardian of an Indian child to voluntarily terminate parental rights such Act is inapplicable with respect to any child custody proceeding involving such child.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Debbie Smith Act''. SEC. 2. AUTHORIZATION OF GRANTS FOR TRAINING IN THE HANDLING OF SEXUAL ASSAULT CASES. (a) Authorization of Grants.--The Attorney General may make grants to eligible States for use by the State to carry out sexual assault nurse examiner programs and to train law enforcement personnel and first responders in the handling of sexual assault cases and the collection and use of DNA samples for use as forensic evidence. (b) Eligibility.--For a State to be eligible to receive a grant under this section, the chief executive officer of the State shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require. The application shall include a certification that the State shall comply with the quality assurance standards for collecting and processing samples issued by the Director of the Federal Bureau of Investigation under section 210303 of the DNA Identification Act of 1994. (c) Restrictions on Use of Funds.-- (1) Nonsupplanting.--Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources for the purposes of this Act. (2) Administrative costs.--A State may not use more than 3 percent of the funds it receives from this section for administrative expenses. (d) Reports to the Attorney General.--Each State which receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains-- (1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and (2) such other information as the Attorney General may require. (e) Reports to Congress.--Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to the Congress a report that includes-- (1) the aggregate amount of grants made under this section to each State for such fiscal year; and (2) a summary of the information provided by States receiving grants under this section. (f) Expenditure Records.-- (1) In general.--Each State which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section. (2) Access.--Each State which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant. (g) Definition.--For purposes of this section, the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (h) Authorization of Appropriations.--Amounts are authorized to be appropriated to the Attorney General for grants under subsection (a)-- (1) $150,000,000 for fiscal year 2002; (2) $30,000,000 for fiscal year 2003; and (3) $30,000,000 for fiscal year 2004. SEC. 3. QUALITY ASSURANCE STANDARDS FOR FORENSIC EVIDENCE COLLECTION KITS. Section 210303 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14131) is amended-- (1) in subsection (a)(1)(C)-- (A) by striking ``including standards for testing'' and inserting ``including standards for-- ``(i) testing''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(ii) collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.''; and (2) in subsection (a)(2)-- (A) by striking ``including standards for testing'' and inserting ``including standards for-- ``(A) testing''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(B) collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.''. SEC. 4. AUTHORIZATION OF GRANTS TO CARRY OUT DNA ANALYSES OF SAMPLES FROM CRIME SCENES. (a) Authorization of Grants.--The Attorney General may make grants to eligible States for use by the State to carry out, for inclusion in the Combined DNA Index System of the Federal Bureau of Investigation, DNA analyses of samples from crime scenes. (b) Eligibility.--For a State to be eligible to receive a grant under this section, the chief executive officer of the State shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require. The application shall-- (1) provide assurances that the State has a plan in place, to be fully effective not later than five years after the date of such application, under which, for each sample specified in subsection (a), DNA analysis is carried out on the sample not later than 10 days after the sample was obtained; and (2) include a certification that each DNA analysis carried out under the plan shall be maintained pursuant to the privacy requirements described in section 210304(b)(3) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14132(b)(3)). (c) Restrictions on Use of Funds.-- (1) Nonsupplanting.--Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources for the purposes of this Act. (2) Administrative costs.--A State may not use more than 3 percent of the funds it receives from this section for administrative expenses. (d) Reports to the Attorney General.--Each State which receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains-- (1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identified in the application; and (2) such other information as the Attorney General may require. (e) Reports to Congress.--Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to the Congress a report that includes-- (1) the aggregate amount of grants made under this section to each State for such fiscal year; and (2) a summary of the information provided by States receiving grants under this section. (f) Expenditure Records.-- (1) In general.--Each State which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section. (2) Access.--Each State which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant. (g) Definition.--For purposes of this section, the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (h) Authorization of Appropriations.--Amounts are authorized to be appropriated to the Attorney General for grants under subsection (a)-- (1) $100,000,000 for fiscal year 2002; (2) $50,000,000 for fiscal year 2003; and (3) $50,000,000 for fiscal year 2004.

Summary: Debbie Smith Act - Authorizes the Attorney General to make grants to eligible States to carry out sexual assault nurse examiner programs and to train law enforcement personnel and first responders in the handling of sexual assault cases and the collection and use of DNA samples for forensic evidence.Provides that for a State to be eligible to receive a grant, the chief executive officer of the State shall submit to the Attorney General an application which shall include a certification that the State shall comply with specified quality assurance standards.Sets forth provisions regarding restrictions on the use of funds and expenditure records.Amends the Violent Crime Control and Law Enforcement Act of 1994 to require the Director of the Federal Bureau of Investigation (FBI) to issue (and revise periodically) standards for collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.Authorizes the Attorney General to make grants to eligible States to carry out DNA analyses of samples from crime scenes for inclusion in the FBI's Combined DNA Index System. Sets forth provisions regarding State eligibility, restrictions on uses of funds, and expenditure records.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Gila Bend Indian Reservation Lands Replacement Clarification Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1986, Congress passed the Gila Bend Indian Reservation Lands Replacement Act, Public Law 99-503, 100 Stat. 1798, to authorize the Tohono O'odham Nation to purchase up to 9,880 acres of replacement lands in exchange for granting all right, title and interest to the Gila Bend Indian Reservation to the United States. (2) The intent of the Gila Bend Indian Reservation Lands Replacement Act was to replace primarily agriculture land that the Tohono O'odham Nation was no longer able to use due to flooding by Federal dam projects. (3) In 1988, Congress passed the Indian Gaming Regulatory Act, which restricted the ability of Indian tribes to conduct gaming activities on lands acquired after the date of enactment of the Act. (4) Since 1986, the Tohono O'odham Nation has purchased more than 16,000 acres of land. The Tohono O'odham Nation does not currently game on any lands acquired pursuant to the Gila Bend Indian Reservation Lands Replacement Act. (5) Beginning in 2003, the Tohono O'odham Nation began taking steps to purchase approximately 134.88 acres of land near 91st and Northern Avenue in Maricopa County, within the City of Glendale (160 miles from the Indian tribe's headquarters in Sells). The Tohono O'odham Nation is now trying to have these lands taken into trust status by the Secretary of the Interior pursuant to the Gila Bend Indian Reservation Lands Replacement Act of 1986 (``Gila Bend Act''), and has asked the Secretary to declare these lands eligible for gaming, thereby allowing the Indian tribe to conduct Las Vegas style gaming on the lands. The Secretary has issued an opinion stating that he has the authority to take approximately 53.54 acres of these lands into trust status, and plans to do so when legally able to do so. (6) The State of Arizona, City of Glendale, and at least 12 Indian tribes in Arizona oppose the Tohono O'odham Nation gaming on these lands. No Indian tribe supports the Tohono O'odham Nation's efforts to conduct gaming on these lands. (7) The Tohono O'odham Nation's proposed casino violates existing Tribal-State gaming compacts and State law, Proposition 202, agreed to by all Arizona Indian tribes, which effectively limits the number of tribal gaming facilities in the Phoenix metropolitan area to seven, which is the current number of facilities operating. (8) The Tohono O'odham casino proposal will not generate sales taxes as the State Gaming Compact specifically prohibits the imposition of any taxes, fees, charges, or assessments. (9) The proposed casino would be located close to existing neighborhoods and a newly built school and raises a number of concerns. Homeowners, churches, schools, and businesses made a significant investment in the area without knowing that a tribal casino would or even could locate within the area. (10) The development has the potential to impact the future of transportation projects, including the Northern Parkway, a critical transportation corridor to the West Valley. (11) The Tohono O'odham Nation currently operates three gaming facilities: 2 in the Tucson metropolitan area and 1 in Why, Arizona. (12) Nothing in the language or legislative history of the Gila Bend Indian Reservation Lands Replacement Act indicates that gaming was an anticipated use of the replacement lands. (13) It is the intent of Congress to clarify that lands purchased pursuant to the Gila Bend Indian Reservation Lands Replacement Act are not eligible for Class II and Class III gaming pursuant to the Indian Gaming Regulatory Act. Such lands may be used for other forms of economic development by the Tohono O'odham Nation. SEC. 3. GAMING CLARIFICATION. Section 6(d) of Public Law 99-503 is amended by inserting ``except that no class II or class III gaming activities, as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703), may be conducted on such land if such land is located north of latitude 33 degrees, 4 minutes north'' after ``shall be deemed to be a Federal Indian Reservation for all purposes''. SEC. 4. NO EFFECT. The limitation on gaming set forth in the amendment made by section 3 shall have no effect on any interpretation, determination, or decision to be made by any court, administrative agency or department, or other body as to whether any lands located south of latitude 33 degrees, 4 minutes north taken into trust pursuant to this Act qualify as lands taken into trust as part of a settlement of a land claim for purposes of title 25 U.S.C. 2719(b). Passed the House of Representatives June 19, 2012. Attest: KAREN L. HAAS, Clerk.

Summary: Gila Bend Indian Reservation Lands Replacement Clarification Act - Amends the Gila Bend Indian Reservation Lands Replacement Act to prohibit class II or III gaming activities on lands located north of latitude 33 degrees, 4 minutes north that the Tohono O'odham Nation was authorized to purchase in Arizona in exchange for granting the federal government all right, title, and interest to the Gila Bend Indian Reservation. Prohibits this gaming restriction from having any effect on any decision as to whether any lands located south of latitude 33 degrees, 4 minutes north and taken into trust pursuant to this Act qualify as lands taken into trust as part of a land claim settlement for purposes of determining whether gaming may be conducted on such lands.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Retiree's Investment Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States banking system's ability to extend credit on a basis consistent with healthy economic activity is restricted by a need or desire to conserve capital in the face of anticipated losses. (2) A shortage of banking capital may continue to exist because private investors are generally unwilling to provide such capital given their inability to accurately assess the risk exposure of any individual institution while the Federal Government's ability to function as a capital provider may be constrained by concerns regarding Federal control of the banking system as well its desire to use Federal funds in numerous areas besides capitalization of the banking system. (3) State and local public pension funds are long term investors whose constituents benefit from a well-capitalized banking system with the ability to extend credit broadly at all levels of the economy. (4) Certain State and local pension plans have broad investment powers under State law which would include the ability to form cooperative business endeavors solely owned by them or in concert with public pension plans in other States. (5) Certain of these public pension plans have indicated their willingness and ability to rapidly form and fund a vehicle to be mutually owned by them for the sole purpose of investing in preferred stocks of United States banking institutions subject to certain guaranties provided by the Secretary of the Treasury or other appropriate Federal Government officer or agency. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Eligible investments.--The term ``eligible investment'' means any preferred stock investment which meets the requirements of this Act by any public pension bank capital infusion fund. (2) Public pension plans.--The term ``public pension plan'' means any State and local pension plan that has broad investment powers and authority under State law, including the authority to establish, administer, and participate in cooperative business endeavors solely owned by the plan or other public pension plans. (3) Public pension bank capital infusion fund.--The term ``public pension bank capital infusion fund'' means any investment vehicle mutually owned by public pension plans for the sole purpose of investing in preferred stocks of United States banking institutions, subject to certain guarantees provided by the Secretary of the Treasury or other appropriate Federal Government officer or agency, that meets the requirements of this Act for such capital infusion funds. (4) Qualified equity offering.--The term ``qualified equity offering'' means the sale for cash, by a financial institution after the date of an investment by a public pension bank capital infusion fund in any eligible investment issued by such institution, of perpetual preferred stock or common stock which qualifies as Tier 1 capital of such financial institution. (5) Reguarantee.--The term ``reguarantee'' means a guarantee issued by a guarantor of the payment of, or the fulfillment of any other obligation under, a guarantee issued by another guarantor. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. PUBLIC PENSION PLAN INVESTMENTS IN CERTAIN BANK PREFERRED STOCK INSTRUMENTS. (a) Guarantee and Reguarantee Authority.--The Secretary may guarantee eligible investments or reguarantee a guarantee of eligible investments. (b) Requirements and Procedures for Guarantees.-- (1) Term and other conditions of guarantees.--Any guarantee or reguarantee provided by the Secretary under subsection (a) with respect to an eligible investment shall-- (A) be an unconditional guarantee for the life of the eligible investment; and (B) shall cover the timely payment of dividends on, and the ultimate return of principal of, such eligible investment, in accordance with the terms of the eligible investment. (2) Procedures.--The process by which the Secretary shall be notified of a need to perform under a guarantee or reguarantee issue under subsection (a) and the manner in which the Secretary shall perform the duties of guarantor or reguarantor shall be mutually agreed to by the Secretary, the other guarantor, in the case of a reguarantee from the Secretary, and the public pension bank capital infusion fund. (c) Terms of Eligibility for Public Pension Plans.-- (1) Authorized under state law.--The Secretary may not guarantee or reguarantee eligible investments of a public pension bank capital infusion fund under subsection (a) unless each public pension plan which has a mutual ownership interest in such capital infusion fund is authorized under State law to establish, or participate in the formation of, a wholly owned mutual fund or a limited liability corporation, in the case of joint ownership with other public pension plans. (2) Choice of law issue.--The powers of any public pension plan for purposes of this subsection shall-- (A) in all instances be determined by the law of the domicile State of such public pension plans; and (B) in the case of a joint endeavor among public pension plans from different States, by a choice of law agreement (among the participating public pension plans) to which each State represented by a plan has granted full faith and credit. (d) Terms of Eligibility for Eligible Investments by a Public Pension Bank Capital Infusion Fund.-- (1) Maximum amount per fund.--The eligible investments of a public pension bank capital infusion fund shall be eligible for a guarantee or reguarantee under this section only if the aggregate amount of such investments by the fund do not exceed $50,000,000,000. (2) Institution eligible for investments.--Only an investment in preferred stock that meets the requirements of subsection (e) and has been issued by a financial institution which meets the definition of a qualifying financial institution under the TARP Capital Purchase Program established under the authority of the Emergency Economic Stabilization Act of 2008 may be treated as an eligible investment for purposes of this Act. (e) Preferred Stock Requirements.--Preferred stock meets the requirements of this subsection if the following terms and conditions are met by such stock: (1) Security.--The stock bears senior preferred status with a liquidation preference of $1,000 per share or higher as provided in the TARP Capital Purchase Program. (2) Ranking.--The stock is senior to common stock and pari passu with existing preferred shares other than preferred shares which by their terms rank junior to any existing preferred shares. (3) Regulatory capital status.--The preferred stock meets the requirement for treatment as Tier I capital for the financial institution which issued it. (4) Term.--The term of the stock is perpetual. (5) Dividends.-- (A) In general.--The stock pays cumulative dividends at-- (i) an initial rate of 8.5 percent per year; and (ii) after the end of the 1-year period beginning on the date of the enactment of this Act, at the prevailing reset rate determined in accordance with subparagraph (B). (B) Reset rate.--The term ``reset rate'' means the rate determined at the end of the 1-year period beginning on the date of the enactment of this Act and each 1-year period thereafter by adding together-- (i) the yield prevailing as of the close of business of the date of the determination on 10-year United States treasury notes; and (ii) the difference between 8.5 percent and the yield prevailing as of the close of business on the date of the enactment of this Act on 10-year United States treasury notes. (6) Redemption.-- (A) Timing.--The redemption of the stock is subject to the following conditions: (i) The stock may not be redeemed for a period of 3 years from the date of the initial investment by the public pension bank capital infusion fund, except with the proceeds from a qualified equity offering which results in aggregate gross proceeds to the financial institution which issued the stock of not less than 25 percent of the issue price of the stock. (ii) After the third anniversary of the date of the investment, the stock may be redeemed, in whole or in part, at any time and from time to time, at the option of the financial institution. (B) Amount.--All redemptions of the stock are at 100 percent of the issue price, plus any accrued and unpaid dividends and shall be subject to the approval of the primary Federal financial regulator of the issuing financial institution. (7) Restrictions on dividends.--For as long as the preferred stock is outstanding, no dividends may be declared or paid on junior preferred shares, preferred shares ranking pari passu with the preferred stock, or common shares (other than in the case of pari passu preferred shares' dividends on a pro rata basis with the preferred stock) nor may the financial institution which issued the preferred stock repurchase or redeem any junior preferred shares, preferred shares ranking pari passu with the preferred stock, or common shares until such time as the preferred stock has been redeemed in whole. (8) Voting rights.--The preferred stock is nonvoting, other than class voting rights on-- (A) any authorization or issuance of shares ranking senior to the preferred stock; (B) any amendment to the rights of the preferred stock; or (C) any merger, exchange or similar transaction which would adversely affect the rights of the preferred stock. (9) Appoint of directors.--The stock instrument provides that if dividends on the preferred stock are not paid in full for more than 4 consecutive dividend periods, the Secretary may elect 2 directors to serve on the board of directors of the issuing financial institution until such time as full dividends have been paid for 4 consecutive dividend periods. (10) Timing of guaranty payments.--The payment of guaranty payments under this Act shall be pursuant to a policy mutually agreed to by the Secretary, the other guarantor, in the case of a reguarantee from the Secretary, and the public pension bank capital infusion fund which policy shall be consistent with the intent of the guarantee, as specified in section 4(b). (f) Effective Period of Guarantee Authority.--Notwithstanding any other provision of this section, any guarantee or reguarantee under this subsection may only be provided on an eligible investment whose initial issuance is made before the end of the 3-year period beginning on the date of the enactment of this Act . (g) Treatment Under Other Law.--A public pension bank capital infusion fund that is a mutual fund vehicle or limited liability corporation owned by one or more public pension plans and managed under contract by an appropriate service vender (as approved by the Secretary) who reports to the fund directly or through its chief investment officer shall be deemed to be a political subdivision of a State as that term is defined in section 414(d) of the Internal Revenue Code of 1986 and shall be exempt from taxation pursuant to section 115 of such Code. (h) Reports.-- (1) In general.--In the case of any guarantee or reguarantee issued by the Secretary, under subsection (a), with respect to eligible investments, the guarantor of such eligible investments shall submit a report to the Congress (and to the Secretary, in any case in which the Secretary is the reguarantor) on the status of the guarantee or reguarantee. (2) Contents.--Each report submitted under paragraph (1) shall include, at a minimum-- (A) the name of any institution issuing eligible investments for which a guarantee is in effect; (B) the face amount of each eligible investment covered by the guarantee; (C) the amount of dividends paid, declared and due under the terms of the eligible investment; and (D) the amount of any payments made by the guarantor as a result of the enactment of this Act.

Summary: Public Retiree's Investment Act of 2009 - Authorizes the Secretary of the Treasury to guarantee eligible investments, or reguarantee a guarantee of eligible investments, by any public pension bank capital infusion fund mutually owned by state and local pension plans for the sole purpose of investing in preferred stocks of U.S. banking institutions. Requires each public pension plan with a mutual ownership interest in a capital infusion fund to be authorized by state law to establish, or participate in the formation of, a wholly owned mutual fund or a limited liability corporation, in the case of joint ownership with other public pension plans. Caps the maximum amount of investments by such such a capital infusion fund at $50 billion. Restricts eligible investments to those in the preferred stock of a qualifying financial institution under the Troubled Asset Relief Program (TARP) Capital Purchase Program established under the Emergency Economic Stabilization Act of 2008 (EESA).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Entertainment Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Research shows that exposure to video games, television, movies, and other forms of media has powerful effects on the development of children and adolescents and that such effects can be positive or negative depending on the nature and content of the media. (2) Experimental research and longitudinal research conducted over the course of decades shows that exposure to higher levels of violence on television, in movies, and in other forms of media in adolescence causes people in the short- term and, after repeated exposure, even years later to exhibit higher levels of violent thoughts, anti-social and aggressive behavior, fear, anxiety, and hostility, and desensitization to the pain and suffering of others. (3) This evidence is so strong, it has been replicated in so many populations, and it draws on such diverse methodologies that a 2003 comprehensive review of the literature concluded ``the scientific debate over whether media violence increases aggression and violence is essentially over'' and 6 major medical and public health organizations, including the American Medical Association and the American Psychological Association, issued a Joint Statement to Congress in 2000 stating that research points ``overwhelmingly to a causal connection between media violence and aggressive behavior''. (4) New research shows that exposure to violent video games causes similar effects as does exposure to violence in other media, including increased levels of aggression in both the short-term and long-term, and research shows that the uniquely interactive, engaging nature of video games may be especially powerful in shaping children's thoughts, feelings, and behaviors. (5) Research shows that children are more likely to imitate the actions of a character with whom they identify, and in violent video games the player is often provided with a behavioral script where he or she takes the point of view of the shooter or perpetrator. (6) Research shows that children are more likely to learn from behaviors that they repeat over and over again and behaviors that they are rewarded for taking, and in most video games, surveys show, players repeat actions over and over again, aggression goes unpunished, and perpetrators are rewarded for taking aggressive action (7) The video game industry, through the Entertainment Software Ratings Board, has created a system of self- regulation, and a system to provide information to parents about the nature and content of video games. (8) The Entertainment Software Ratings Board has determined that certain video games contain intense violence and explicit sexual content that makes them inappropriate for minors, and has rated these games Mature and Adults-Only. (9) Research shows that children whose parents monitor and control their access to violent media are less likely to demonstrate the negative effects of such media. (10) Parents rely on the Entertainment Software Ratings Board ratings system to protect their children from inappropriate material yet, numerous studies have demonstrated that young people can access Mature-rated games with relative ease. (11) There is a need to enact legislation to ensure that the ratings system is meaningful. SEC. 3. DEFINITIONS. In this Act, the following definitions shall apply: (1) Business.--The term ``business'' means any ongoing lawful activity that is conducted-- (A) primarily for the purchase, sale, lease, or rental of personal or real property, or for the manufacture, processing, or marketing of products, commodities, or any other personal property; or (B) primarily for the sale of services to the public. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Entertainment software ratings board.--The term ``Entertainment Software Ratings Board'' means the independent rating system, or any successor ratings system-- (A) established by the Interactive Digital Software Association; and (B) developed to provide information to consumers regarding the content of video and computer games. (4) Video game.--The term ``video game'' means an electronic object or device that-- (A) stores recorded data or instructions; (B) receives data or instructions generated by the person who uses it; and (C) by processing such data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology. SEC. 4. PROHIBITION ON SALE OF VIOLENT VIDEO GAMES TO MINORS. (a) In General.--No business shall sell or rent, or permit the sale or rental of any video game with a Mature, Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings Board to any individual who has not attained the age of 17 years. (b) Affirmative Defenses.-- (1) In general.--It shall be a defense to any prosecution for a violation of the prohibition under subsection (a) that a business-- (A) was shown an identification document, which the business reasonably believed to be valid, indicating that the individual purchasing or renting the video game had attained the age of 17 years or older; or (B) had an established ratings enforcement policy-- (i) as evidenced by-- (I) cash register prompts reminding employees of that business to check for identification stating that a customer is of an appropriate age to purchase or rent a video game, or an established video game age identification training program for employees of that business; (II) clear labels indicating the rating on each video game sold or rented by that business; and (III) signs on the wall of the business property explaining, in simple, easy-to-understand language, the ratings enforcement policy of that business; or (ii) as evidenced by an online age verification system, in the case of online sales. (2) Limitation.--If a business is found to repeatedly violate the prohibition in subsection (a) despite the adoption by such business of an established ratings policy as described in paragraph (1)(B), such business shall be prohibited in any prosecution for a violation of this section from using any of the defenses listed in subsection (b). (c) Penalty.--The manager or agent of the manager acting in a managerial capacity of a business found to be in violation of the prohibition under subsection (a) shall be subject to a civil penalty, community service, or both not to exceed-- (1) $1,000 or 100 hours of community service for the first violation; and (2) $5,000 or 500 hours of community service for each subsequent violation. SEC. 5. ANNUAL ANALYSIS TO PREVENT RATINGS SLIPPAGE. (a) In General.--The Commission shall contract with an organization with expertise in evaluating video game content and that has no financial or personal interest, connection, or tie with the video game industry, to determine, in a written report, on an annual basis, whether the ratings established by the Entertainment Software Ratings Board remain consistent and reliable over time. (b) Content of Analysis.--Each annual analysis report required under subsection (a) shall-- (1) evaluate a random sample of video games, representing the full menu of Entertainment Software Ratings Board ratings; (2) determine whether each such rating has essentially the same meaning from year to year; and (3) compare Entertainment Software Ratings Board ratings to independent, valid, and reliable rating systems ratings. SEC. 6. AUTHORITY TO CONDUCT SECRET AUDITS. The Commission shall conduct, and make public the results of, an annual secret audit of businesses to determine how frequently minors who attempt to purchase video games with a Mature, Adults-Only, or Rating Pending rating are able to do so successfully. SEC. 7. AUTHORITY TO INVESTIGATE MISLEADING RATINGS. (a) In General.--The Commission shall conduct, to the extent practicable, an investigation into embedded content in video games that can be accessed through a keystroke combination, pass-code, or other technological means to estimate-- (1) what proportion of video games contain embedded content that is inconsistent with the rating given to such games, and what proportion of the domestic market such games represent; (2) what proportion of video games containing embedded content that is inconsistent with the rating given to such games are known to the video game manufacturer at the time of the commercial release of the game to contain embedded content, and what proportion of the domestic market such games represent; and (3) whether video game manufacturers have the capacity to ensure that video games do not contain embedded content that is inconsistent with the ratings given to such games. (b) Sense of Congress.--It is the sense of Congress that whenever the Commission determines that the content of a video game, either immediately accessible or embedded but accessible through a keystroke combination, pass-code, or other technological means, is inconsistent with the rating given to such game, the Commission shall take appropriate action under its authority to regulate unfair or deceptive acts or practices in or affecting commerce as authorized under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (c) Timing of Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall report to Congress the findings of its investigation under subsection (a). SEC. 8. AUTHORITY TO REGISTER COMPLAINTS. (a) In General.--The Bureau of Consumer Protection of the Federal Trade Commission shall ensure that consumers can file complaints alleging that content-descriptions or labels on a video game are misleading or deceptive using the same Commission Consumer Complaint procedure by which the Bureau of Consumer Protection accepts complaints concerning other forms of unfair, deceptive, or fraudulent advertising, including through an easily accessible online filing system. (b) Report to Congress.--The Bureau of Consumer Protection shall tabulate and report to Congress, on an annual basis, the number of complaints under subsection (a) levied against each video game manufacturer and business. SEC. 9. EFFECTIVE DATE. This Act shall become effective 120 days after the date of enactment of this Act.

Summary: Family Entertainment Protection Act - Prohibits a business from selling, renting, or permitting the sale or rental of any video game with a Mature, Adults-Only, or Ratings Pending rating from the Entertainment Software Ratings Board to any individual who has not attained the age of 17 years. Subjects violators of this Act to a civil penalty. Requires the Federal Trade Commission (FTC) to contract with an expert, independent organization to determine annually whether Board ratings remain consistent and reliable. Authorizes the FTC to conduct: (1) and publicize the results of an annual secret audit of businesses to determine how frequently minors who attempt to purchase video games with a Mature, Adults-Only, or Rating Pending rating are able to do so successfully; and (2) an investigation into embedded content in video games that can be accessed through a keystroke combination, pass-code, or other technological means to estimate certain data about video games with embedded content. Expresses the sense of Congress that whenever the FTC determines that the content of a video game is inconsistent with the rating given to such game, it shall take appropriate action under its authority to regulate unfair or deceptive acts or practices in or affecting commerce. Requires the FTC's Bureau of Consumer Protection to ensure that consumers can file complaints alleging misleading or deceptive content-descriptions or labels on a video game using the same procedure (including an easily accessible online filing system) by which complaints are now accepted concerning other forms of unfair, deceptive, or fraudulent advertising.