SECTION 1. LOAN PROGRAM FOR SCHOOL FACILITIES IMPROVEMENT. Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended to read as follows: ``TITLE XII--SCHOOL FACILITIES IMPROVEMENT ACT ``SEC. 12001. FINDINGS. ``The Congress finds the following: ``(1) According to a 1991 survey conducted by the American Association of School Administrators, 74 percent of all public school buildings in the United States need to be replaced. ``(2) Almost one-third of such buildings were built prior to World War II. ``(3) It is estimated that 1 of every 4 public school buildings in the United States is in inadequate condition, and of such buildings, 61 percent need maintenance or major repairs, 43 percent are obsolete, 42 percent contain environmental hazards, 25 percent are overcrowded, and 13 percent are structurally unsound. ``(4) According to a 1996 General Accounting Office report, 14,000,000 students attend schools in which 1 or more school buildings (original, additional, or temporary) are in need of extensive repair or replacement. ``(5) Large numbers of local educational agencies have difficulties securing financing for school facility improvement. ``SEC. 12002. PURPOSE. ``The purpose of this title is to leverage limited Federal funds to enable local educational agencies to finance the costs associated with the improvement of school facilities within their jurisdiction. ``SEC. 12003. FEDERAL ASSISTANCE IN THE FORM OF LOANS. ``(a) Authority and Conditions for Loans.--To assist local educational agencies in the construction of schools to replace schools which are 50 years of age or older, or in the reconstruction or renovation of schools which are 50 years of age or older, the Secretary may make loans of funds to such agencies for the construction, reconstruction, or renovation of such schools. Such assistance shall only be provided-- ``(1) to local educational agencies eligible for grants under section 1124A, schools located on Indian reservations, or local educational agencies eligible for payments under sections 8003 and 8004; and ``(2) if the Secretary finds that such constructions will be undertaken in an economical manner, and that any such construction, reconstruction or renovation is not or will not be of elaborate or extravagant design or materials. ``(b) Priorities.-- ``(1) In general.--In approving loans under this title, the Secretary shall consider-- ``(A) the difficulty of the applicant in securing affordable financing from other sources; ``(B) the threat the condition of the physical plant poses to the safety and well-being of students; ``(C) the demonstrated need for the construction, reconstruction, or renovation as based on the condition of the facility; and ``(D) the age of the facility to be renovated or replaced. ``(2) Preference.--In approving loans under this title, the Secretary shall give preference to applicants from States that have made a loan to the applicant in an amount not less than 25 percent of the amount of the loan amount requested in the application and for the purpose described in the application. ``(c) Amount and Conditions of Loans.--A loan to a local educational agency-- ``(1) may be in an amount not exceeding the total development cost of the facility, as determined by the Secretary; ``(2) shall be secured in such manner, as may be determined by the Secretary; ``(3) shall be repaid within 30 years; and ``(4) shall bear interest at a rate, determined by the Secretary, that will cover the cost (as defined in section 502 of the Federal Credit Reform Act of 1990) of the loan, and the administrative cost to the Federal Government of the loan. ``SEC. 12004. FEDERAL ASSISTANCE IN THE FORM OF DEBT GUARANTEES. ``(a) Authority and Conditions for Debt Guarantees.--To assist local educational agencies in the construction of schools to replace schools which are 50 years of age or older, or in the reconstruction or renovation of schools which are 50 years of age or older, the Secretary may guarantee and make commitments to guarantee eligible debt instruments issued by such agencies for the construction, reconstruction, or renovation of such schools. Such assistance shall only be provided-- ``(1) to local educational agencies eligible for grants under section 1124A, schools located on Indian reservations, or local educational agencies eligible for payments under sections 8003 and 8004; and ``(2) if the Secretary finds that such constructions will be undertaken in an economical manner, and that any such construction, reconstruction or renovation is not or will not be of elaborate or extravagant design or materials. ``(b) Priorities.-- ``(1) In general.--In approving debt guarantees under this title, the Secretary shall consider-- ``(A) the difficulty of the applicant in securing affordable financing guarantees from other sources; ``(B) the threat the condition of the physical plant poses to the safety and well-being of students; ``(C) the demonstrated need for the construction, reconstruction, or renovation as based on the condition of the facility; and ``(D) the age of the facility to be renovated or replaced. ``(2) Preference.--In approving debt guarantees under this title, the Secretary shall give preference to applicants from States that have made a loan to the applicant for the purpose described in the application and in an amount not less than 25 percent of the aggregate principal amount of the debt instruments to be guaranteed. ``(c) Amount and Conditions of Guarantees.--A debt guarantee to a local educational agency-- ``(1) may be in an amount not exceeding the total development cost of the facility, as determined by the Secretary; ``(2) shall be secured in such manner, as may be determined by the Secretary; and ``(3) shall be made only with respect to debt instruments that-- ``(A) have a maturity of 30 years; ``(B) bear interest at a maximum rate, determined by the Secretary taking into account the interest rate paid by the Federal Government with respect to Federal debt instruments of a similar nature; and ``(C) otherwise are in such form and denomination, and are subject to such other conditions, as the Secretary shall prescribe. ``(d) Full Faith and Credit.--The full faith and credit of the United States is hereby pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the debt instrument for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed debt instrument. ``SEC. 12005. GENERAL PROVISIONS. ``(a) Budget and Accounting.--In the performance of, and with respect to, the functions, powers, and duties under this title, the Secretary, notwithstanding the provisions of any other law, shall-- ``(1) prepare annually and submit a budget program as provided for wholly owned Government corporations by chapter 91 of title 31, United States Code; and ``(2) maintain a set of accounts which shall be audited by the Comptroller General in accordance with the provisions of chapter 35 of title 31, United States Code. ``(b) Use of Funds.--Funds made available to the Secretary pursuant to the provisions of this title shall be deposited in a checking account or accounts with the Treasurer of the United States. Receipts and assets obtained or held by the Secretary in connection with the performance of functions under this title, and all funds available for carrying out the functions of the Secretary under this title (including appropriations therefor, which are hereby authorized), shall be available, in such amounts as may from year to year be authorized by the Congress, for the administrative expenses of the Secretary in connection with the performance of such functions. ``(c) Legal Powers.--In the performance of, and with respect to, the functions, powers, and duties under this title, the Secretary, notwithstanding the provisions of any other law, may-- ``(1) prescribe such rules and regulations as may be necessary to carry out the purposes of this title; ``(2) sue and be sued; ``(3) foreclose on any property or commence any action to protect or enforce any right conferred upon the Secretary by any law, contract, or other agreement, and bid for and purchase at any foreclosure or any other sale any property in connection with which the Secretary has made a loan pursuant to this title; ``(4) in the event of any such acquisition, notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property, but any such acquisition of real property shall not deprive any State or political subdivision thereof of its civil or criminal jurisdiction in and over such property or impair the civil rights under the State or local laws of the inhabitants on such property; ``(5) sell or exchange at public or private sale, or lease, real or personal property, and sell or exchange any securities or obligations, upon such terms as the Secretary may fix; ``(6) obtain insurance against loss in connection with property and other assets held; and ``(7) include in any contract or instrument made pursuant to this title such other covenants, conditions, or provisions as may be necessary to assure that the purposes of this title will be achieved. ``(d) Contracts for Supplies or Services.--Section 3709 of the Revised Statutes shall not apply to any contract for services or supplies on account of any property acquired pursuant to this title if the amount of such contract does not exceed $1,000. ``(e) Applicability of Government Corporation Control Act.--The provisions of section 9107(a) of title 31, United States Code, which are applicable to corporations or agencies subject to chapter 91 of such title, shall also be applicable to the activities of the Secretary under this title. ``(f) Labor Standards.-- ``(1) Laborers and mechanics.--All laborers and mechanics employed by contractors or subcontractors in the performance of any contract or subcontract for the repair, renovation, alteration, or construction, including painting or decorating, of any building or work that is financed in whole or in part by a grant, loan, or debt guarantee under this title, shall be paid wages not less than those determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (Davis Bacon Act), as amended. The Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Number 14 of 1950 (15 FR 3176; 64 Stat. 1267) and section 276c of title 40. ``(2) Exceptions.--The requirements of this subsection shall not apply to an individual-- ``(A) who volunteers-- ``(i) to perform a service directly to a local educational agency for civic, charitable, or humanitarian reasons, without promise, expectation, or receipt of compensation for services rendered, other than expenses, reasonable benefits, or a nominal fee (as defined in subsection (b) of this section), but solely for the personal purpose or pleasure of the individual; and ``(ii) to provide such service freely and without pressure or coercion, direct or implied, from any employer; ``(B) whose contribution of service is not for the direct or indirect benefit of any contractor otherwise performing or seeking to perform work on the same project for which the individual is volunteering; ``(C) who is not employed by and does not provide services to a contractor or subcontractor at any time on any contract or subcontract for the repair, renovation, alteration, or construction, including painting or decorating, of any building or work that is financed in part by a loan, or debt guarantee under this subchapter, for which the individual is volunteering; and ``(D) who is not otherwise employed by the same local educational agency to perform the same type of services as those for which the individual proposes to volunteer. ``(3) Payments to volunteers.--Payments of expenses, reasonable benefits, or a nominal fee may be provided to volunteers described in paragraph (2) of this subsection only in accordance with regulations issued by the Secretary of Labor. In prescribing the regulations, the Secretary shall take into consideration criteria such as the total amount of payments made (relating to expenses, benefits, or fees) in the context of the economic realities. The regulations shall include provisions that provide that-- ``(A) a payment for an expense may be received by a volunteer for items such as uniform allowances, protective gear and clothing, reimbursement for approximate out-of-pocket expenses, or for the cost or expense of meals and transportation; ``(B) a reasonable benefit may include the inclusion of a volunteer in a group insurance plan (such as a liability, health, life, disability, or worker's compensation plan) or pension plan, or the awarding of a length of service award; and ``(C) a nominal fee may not be used as a substitute for compensation and may not be connected to productivity. The decision as to what constitutes a nominal fee for purposes of subparagraph (C) shall be determined based on the context of the economic realities of the situation involved and shall be made by the Secretary of Labor. ``(4) Determination of payment.--For purposes of paragraph (2) of this subsection, in determining whether an expense, benefit, or fee described in such subsection may be paid to volunteers in the context of the economic realities of the particular situation, the Secretary of Labor may not permit any such expense, benefit, or fee that has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry. ``(g) Limitations.-- ``(1) Successive loans.--No loan or bond guarantee shall be made under this title to any local educational agency until 5 years after the date on which a previous loan or bond guarantee to that agency was made under this title, unless the loan is intended to be used to construct or reconstruct a facility damaged as a result of a natural disaster, as declared by the President. ``(2) Schools in one state.--Not more than 12.5 percent of the amount of the funds annually provided for in this title in the form of loans or bond guarantees shall be made available to educational institutions within any one State. ``SEC. 12006. DEFINITION. ``The term `school' is defined as public structures suitable for use as classrooms, laboratories, libraries, and related facilities, the primary purpose of which is the instruction of elementary and secondary school students. ``SEC. 12007. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title, $200,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Summary: Amends the Elementary and Secondary Education Act of 1965 to: (1) revise and rename title XII the School Facilities Improvement Act; and (2) establish a loan program and a bond guarantee program to assist local educational agencies in the construction, reconstruction, and renovation of public elementary and secondary schools which are 50 years of age or older. Sets forth program eligibility requirements, priorities, preferences, and amounts and conditions of such loans and debt instrument guarantees. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizenship Promotion Act of 1996''. SEC. 2. FINDINGS. Congress makes the following findings: (1) American democracy performs best when the maximum number of people subject to its laws participate in the political process, at all levels of government. (2) Citizenship actively exercised will better assure that individuals both assert their rights and fulfill their responsibilities of membership within our political community, thereby benefiting all citizens and residents of the United States. SEC. 3. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT. Title III of the Immigration and Nationality Act is amended by adding at the end the following new chapter: ``CHAPTER 5--CITIZENSHIP PROMOTION ``SEC. 371. DEFINITIONS. ``As used in this chapter-- ``(1) the term `Agency' means the United States Citizenship Promotion Agency; and ``(2) the term `Board' means the National Advisory Board on Citizenship established by section 373. ``SEC. 372. THE UNITED STATES CITIZENSHIP PROMOTION AGENCY. ``(a) Establishment.--There is established within the Immigration and Naturalization Service an agency to be known as the United States Citizenship Promotion Agency. ``(b) Mission.--The Agency shall have as its mission the following: ``(1) To carry out the functions relating to naturalization arising under chapter 2 of this title. ``(2) To assist in the implementation of a comprehensive program of encouraging and assisting eligible immigrants to become naturalized citizens as soon thereafter as they become eligible to do so. ``(c) Headed by Associate Commissioner.-- ``(1) Appointment.--The Agency shall be headed by an Associate Commissioner for Citizenship. Reasonable efforts shall be made to fill the position with a naturalized citizen of the United States. ``(2) Compensation.--The position of Associate Commissioner for Citizenship shall be a position in the Senior Executive Service. ``(d) Powers.--The Agency is authorized to exercise all necessary and appropriate powers and duties to carry out its mission, including the authority-- ``(1) to enter into cooperative agreements with Federal, State, and local governmental entities; ``(2) to enter into contracts, subject to the availability of appropriations; and ``(3) to make grants to private and nonprofit entities. ``(e) Role of Advisory Board.--The Commissioner and the Associate Commissioner for Citizenship shall seek the consultation and advice of the Board regarding the policies, practices, and procedures used by the Agency in fulfillment of its duties. ``(f) Termination of Existing Offices and Positions.--(1) There are transferred to the Agency all functions being exercised before the date of enactment of the Citizenship Promotion Act of 1996 by the Attorney General, the Commissioner, or the Service relating to the following: ``(A) The naturalization of persons under chapter 2 of this title. ``(B) The encouragement and assistance of eligible immigrants to become naturalized citizens. ``(2) Upon such date, the Commissioner shall abolish or consolidate, as the case may be, any office or position existing before such date within the Service that performed functions transferred under paragraph (1), if such office or position is not otherwise created by statute. ``(3) The personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred under this paragraph (1), subject to section 1531 of title 31, United States Code, shall be transferred to the Agency. ``SEC. 373. NATIONAL ADVISORY BOARD ON CITIZENSHIP. ``(a) Establishment.--There is established the National Advisory Board on Citizenship to advise the Associate Commissioner for Citizenship, the Attorney General, the President, and Congress regarding the carrying out of the Agency's objectives. ``(b) Composition.--(1) The Board shall be composed of 9 voting members, who shall be appointed by the Attorney General, except as otherwise provided, as follows: ``(A) One member drawn from among individuals having extensive academic experience in the study of immigration. ``(B) Two members drawn from among individuals having been recently naturalized, including at least one who is engaged in nonprofessional employment. ``(C) Two members drawn from among individuals having extensive recent experience in counseling and advising resident aliens to become naturalized citizens. ``(D) Two members drawn from among individuals who have extensive experience working with the immigrant community. ``(E) One member to be appointed by the Committee on the Judiciary of the Senate. ``(F) One member to be appointed by the Committee on the Judiciary of the House of Representatives. ``(2) The Assistant Secretary of Education for Vocational and Adult Education, or his or her designee, shall serve on the Board in a nonvoting capacity. ``(3) The voting members shall serve staggered terms in a manner to be prescribed by the Attorney General. ``(4) At the first meeting of the Board each year, the members of the Board shall elect a chair and vice chair, who shall serve for a term of one year. ``(5) The Board shall meet no more frequently than quarterly each year to carry out its responsibilities under subsection (c). ``(c) Responsibilities.--(1) The Board shall have the general responsibility to prepare independent biannual reports relating to the administration of policies of the Agency. Such reports may include minority reports, if timely submitted. ``(2) In the course of carrying out its responsibilities, the Board may do the following: ``(A) Review the policies, plans, and objectives of the Agency, including the effectiveness thereof, both short- and long-term. ``(B) Review programs and policies of other Federal and State agencies under the area of oversight of the Agency, as is necessary, including the effectiveness thereof, both short- and long-term. ``(C) Assess the resources and funds for the Agency, and make reports and recommendations to the Commissioner and Congress. ``(3) The Board shall give an annual oral report to the Attorney General, the Commissioner, and the Associate Commissioner for Citizenship. ``(d) Administrative Matters.--The Attorney General shall approve the budget of the Board. The Attorney General and the Commissioner shall provide administrative support, including staffing, to enable the Board to fulfill its functions. ``(e) Compensation.--While away from their homes or regular places of business in the performance of duties for the Board, Board members shall be compensated at a rate not to exceed $100 per day and shall be allowed reasonable travel expenses. ``(f) Applicability of Federal Advisory Committee Act.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board, except to the extent that this section establishes contrary policies or procedures. ``SEC. 374. NATURALIZATION OUTREACH. ``In order to enable the Agency to fulfill its naturalization outreach duties, the Agency-- ``(1) shall seek the assistance of appropriate community groups, private voluntary agencies, and other appropriate organizations; and ``(2) may enter into cooperative agreements with, or make grants to, such other governmental, private, and nonprofit entities (including entities that encourage or facilitate community service or are engaged in such service) that it considers useful in carrying out such duties. ``SEC. 375. FEES. ``(a) Naturalization Examinations Fee Account.--There is established in the general fund of the Treasury of the United States a separate account which shall be known as the `Naturalization Examinations Fee Account' (hereafter in this section referred to as the `Account'). ``(b) Deposits.--(1) There shall be deposited into the Account the following: ``(A) All funds in the Immigration Examinations Fee Account that were collected pursuant to section 344(a) before the date of the enactment of the Citizenship Promotion Act of 1996 and that remain available for obligation on such date. ``(B) Except as provided in paragraph (2), all fees paid to the Attorney General pursuant to section 344(a) after such date. ``(2) Fees paid after such date pursuant to section 344(a) by applicants residing in the United States Virgin Islands, and in Guam, shall be paid over to the treasury of the Virgin Islands and the treasury of Guam, respectively. ``(c) Amount of Fees.--The Attorney General shall establish, and may revise from time to time, the amount of the fees to be collected pursuant to section 344(a) for deposit into the Account. The amount of such fees may be set at a level that will ensure the full recovery of the costs referred to in subsection (d)(1) and the costs of the administration of such fees. ``(d) Use of Funds.--(1) The Attorney General may use funds in the Account to cover the following: ``(A) The costs of the Agency in carrying out naturalization functions under chapter 2 of this title. ``(B) The costs of the Agency in encouraging and assisting eligible immigrants in becoming naturalized citizens under this chapter, including the facilitation of instruction of immigrants in the English language. ``(C) The costs of the Agency in collecting fees for deposit into the Account and in administering the Account. ``(2) Amounts in the Account shall remain available until expended. ``(e) Annual Financial Statements.--The Attorney General shall prepare and submit annually to Congress statements of financial condition of the Account, including beginning account balance revenues, withdrawals, and ending account balance and projections for the ensuing fiscal year.''. SEC. 4. CONFORMING AMENDMENTS. The Immigration and Nationality Act is amended-- (1) in section 286 (8 U.S.C. 1356)-- (A) in the second proviso of subsection (m), by striking ``and naturalization''; and (B) in subsection (n), by striking ``and naturalization''; and (2) in section 332 (8 U.S.C. 1443)-- (A) in subsection (a), by inserting after the first sentence the following new sentence: ``The Attorney General shall discharge such provisions through the United States Citizenship Promotion Agency established under chapter 5 of this title.''; and (B) by striking subsection (h).

Summary: Citizenship Promotion Act of 1996 - Amends the Immigration and Nationality Act to establish within the Immigration and Naturalization Service the United States Citizenship Promotion Agency. Transfers to the Agency naturalization and related functions currently carried out by the Attorney General and the Service. Establishes the National Advisory Board on Citizenship. Directs the Agency to carry out naturalization outreach activities. Establishes in the Treasury the Naturalization Examinations Fee Account.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Colombian Temporary Protected Status Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) Colombia has been embroiled in a 38-year civil war, resulting in the death of tens of thousands of civilians and combatants; (2) the two main armed anti-government rebel groups, the Revolutionary Armed Forces of Colombia (Fuerzas Armadas Revolucionarias de Colombia, or FARC) and the National Liberation Army (Ejercito de Liberacion Nacional, or ELN), have engaged in military activities in 700 of 1,098 municipalities in Colombia, and in recent years have controlled or influenced local governments in as much as 40 percent to 50 percent of Colombian territory; (3) the FARC and ELN not only attack police and military forces but also regularly attack civilian populations, commit massacres and extrajudicial killings, collect war taxes, compel citizens into their ranks, force farmers to grow illicit crops, and regulate travel, commerce, and other activities; (4) paramilitary groups such as the United Self-Defense Groups of Colombia (Autodefensas Unidas de Colombia or AUC), originally established to protect rural landowners, have grown dramatically in recent years to become a major national military force in Colombia; (5) paramilitary groups are responsible, according to human rights groups, for the greatest number of extrajudicial killings and forced disappearances in Colombia since 1995; (6) the FARC, ELN, and AUC, all designated by the State Department as foreign terrorist organizations, have a combined force of 25,000 combatants; (7) the Government of Colombia, particularly during the administration of President Andres Pastrana, has afforded armed rebel groups numerous opportunities to negotiate a peace agreement, including the extraordinary step in November 1998 of creating a safe haven for the FARC by withdrawing its security forces from 5 municipalities covering some 16,000-17,000 square miles; (8) despite having been given the opportunity to seek peace, the FARC instead used the safe haven to enhance its military capability to further its violent campaign against the government and people of Colombia; (9) while President Pastrana and the Colombian government negotiated in good faith, the FARC proceeded to kidnap political officials, including presidential candidate former Senator Ingrid Betancourt, as well as execute Members of Congress who were engaged in negotiations with the FARC, such as Senator Martha Catalina Daniels; (10) in February of this year, the FARC's actions forced President Pastrana to withdraw from the peace process and begin the process of retaking the safe zone he had previously ceded to the FARC and other rebel groups; (11) after the election of Alvaro Uribe as Colombia's President, the FARC began targeting mayors with letters declaring that they had 24 hours to leave or would be considered ``military targets''; (12) although before the recent Presidential election the violence had been mostly contained in rural areas, it has now spread to the urban areas, with cities such as Medellin experiencing an average of 13 killings a day; (13) an average of 2.8 rebel bombs go off every day in Colombia while bomb squads disarm another five; (14) the middle and upper classes have been targeted for kidnaping, with an average of 3,250 Colombians being kidnaped each year since 1998; (15) between 1,500,000 and 2,000,000 people have been forced to leave their homes, representing the third largest internal refugee crisis in the world; and (16) between 1,500 and 2,500 Colombians were massacred in contested rural areas in 2001. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that, in view of the recent escalation of the current civil war in Colombia, Colombia qualifies for designation under section 244(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)(1)(A)), pursuant to which Colombian nationals would be eligible for temporary protected status in the United States. SEC. 4. DESIGNATION FOR PURPOSES OF GRANTING TEMPORARY PROTECTED STATUS TO COLOMBIANS. (a) Designation.-- (1) In general.--For purposes of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), Colombia shall be treated as if it had been designated under subsection (b) of such section, subject to the provisions of this section. (2) Period of designation.--The initial period of such designation shall begin on the date of the enactment of this Act and shall remain in effect for 1 year. (b) Aliens Eligible.--In applying section 244 of the Immigration and Nationality Act pursuant to the designation under this Act, subject to section 244(c)(3) of such Act, an alien who is a national of Colombia meets the requirements of section 244(c)(1) of such Act only if-- (1) the alien has been continuously physically present in the United States since the date of enactment of this Act; (2) the alien is admissible as an immigrant, except as otherwise provided under section 244(c)(2)(A) of such Act, and is not ineligible for temporary protected status under section 244(c)(2)(B) of such Act; and (3) the alien registers for temporary protected status in a manner that the Attorney General shall establish. (c) Consent to Travel Abroad.--The Attorney General shall give the prior consent to travel abroad described in section 244(f)(3) of the Immigration and Nationality Act to an alien who is granted temporary protected status pursuant to the designation under this Act, if the alien establishes to the satisfaction of the Attorney General that emergency and extenuating circumstances beyond the control of the alien require the alien to depart for a brief, temporary trip abroad. An alien returning to the United States in accordance with such an authorization shall be treated the same as any other returning alien provided temporary protected status under section 244 of such Act.

Summary: Columbian Temporary Protected Status Act of 2002 - Expresses the sense of Congress in favor of extending temporary protected status to Columbian nationals in the United States.Designates Columbia under the Immigration and Nationality Act as a country undergoing an ongoing armed conflict in order to make qualifying Columbians living in the United States eligible aliens for temporary protected status.


SECTION 1. NATIONAL GUARD COUNTERDRUG SCHOOLS. (a) Authority To Operate.--Under such regulations as the Secretary of Defense may prescribe, the Chief of the National Guard Bureau may establish and operate not more than five schools (to be known generally as ``National Guard counterdrug schools'') for the provision by the National Guard of training in drug interdiction and counter-drug activities, and drug demand reduction activities, to the personnel of the following: (1) Federal agencies. (2) State and local law enforcement agencies. (3) Community-based organizations engaged in such activities. (4) Other non-Federal governmental and private entities and organizations engaged in such activities. (b) Counterdrug Schools Specified.--The National Guard counterdrug schools operated under the authority in subsection (a) are as follows: (1) The National Interagency Civil-Military Institute (NICI), San Luis Obispo, California. (2) The Multi-Jurisdictional Counterdrug Task Force Training (MCTFT), St. Petersburg, Florida. (3) The Midwest Counterdrug Training Center (MCTC), to be established in Johnston, Iowa. (4) The Regional Counterdrug Training Academy (RCTA), Meridian, Mississippi. (5) The Northeast Regional Counterdrug Training Center (NCTC), Fort Indiantown Gap, Pennsylvania. (c) Use of National Guard Personnel.--(1) To the extent provided for in the State drug interdiction and counter-drug activities plan of a State in which a National Guard counterdrug school is located, personnel of the National Guard of that State who are ordered to perform full-time National Guard duty authorized under section 112(b) of that title 32, United States Code, may provide training referred to in subsection (a) at that school. (2) In this subsection, the term ``State drug interdiction and counter-drug activities plan'', in the case of a State, means the current plan submitted by the Governor of the State to the Secretary of Defense under section 112 of title 32, United States Code. (d) Annual Reports on Activities.--(1) Not later than February 1, 2002, and annually thereafter, the Secretary of Defense shall submit to Congress a report on the activities of the National Guard counterdrug schools. (2) Each report under paragraph (1) shall set forth the following: (A) The amount made available for each National Guard counterdrug school during the fiscal year ending in the year preceding the year in which such report is submitted. (B) A description of the activities of each National Guard counterdrug school during the year preceding the year in which such report is submitted. (3) The report under paragraph (1) in 2002 shall set forth, in addition to the matters described in paragraph (2), a description of the activities relating to the establishment of the Midwest Counterdrug Training Center in Johnston, Iowa. (e) Authorization of Appropriations.--(1) There is hereby authorized to be appropriated for the Department of Defense for the National Guard for fiscal year 2002, $25,000,000 for purposes of the National Guard counterdrug schools in that fiscal year. (2) The amount authorized to be appropriated by paragraph (1) is in addition to any other amount authorized to be appropriated for the Department of Defense for the National Guard for fiscal year 2002. (f) Availability of Funds.--(1) Of the amount authorized to be appropriated by subsection (e)(1)-- (A) $4,000,000 shall be available for the National Interagency Civil-Military Institute, San Luis Obispo, California; (B) $8,000,000 shall be available for the Multi- Jurisdictional Counterdrug Task Force Training, St. Petersburg, Florida; (C) $3,000,000 shall be available for the Midwest Counterdrug Training Center, Johnston, Iowa; (D) $5,000,000 shall be available for the Regional Counterdrug Training Academy, Meridian, Mississippi; and (E) $5,000,000 shall be available for the Northeast Regional Counterdrug Training Center, Fort Indiantown Gap, Pennsylvania. (2) Amounts available under paragraph (1) shall remain available until expended. (g) Funding for Fiscal Years After Fiscal Year 2002.--(1) The budget of the President that is submitted to Congress under section 1105 of title 31, United States Code, for any fiscal year after fiscal year 2002 shall set forth as a separate budget item the amount requested for such fiscal year for the National Guard counterdrug schools. (2) It is the sense of Congress that-- (A) the amount authorized to appropriated for the National Guard counterdrug schools for any fiscal year after fiscal year 2002 should not be less than the amount authorized to be appropriated for those schools for fiscal year 2002 by subsection (e)(1), in constant fiscal year 2002 dollars; and (B) the amount made available to each National Guard counterdrug school for any fiscal year after fiscal year 2002 should not be less than the amount made available for such school for fiscal year 2002 by subsection (f)(1), in constant fiscal year 2002 dollars, except that the amount made available for the Midwest Counterdrug Training School should not be less than $5,000,000, in constant fiscal year 2002 dollars.

Summary: Authorizes the Chief of the National Guard Bureau to establish and operate the following five schools (counterdrug schools) for the provision by the National Guard of training in drug interdiction, counter-drug activities, and drug demand reduction activities to personnel of Federal agencies, State and local law enforcement agencies, and community-based organizations and other non-Federal governmental and private entities and organizations engaged in such activities: (1) the National Interagency Civil-Military Institute, San Luis Obispo, California; (2) the Multi-Jurisdictional Counterdrug Task Force Training, St. Petersburg, Florida; (3) the Midwest Counterdrug Training Center to be established in Johnston, Iowa; (4) the Regional Counterdrug Training Academy, Meridian, Mississippi; and (5) the Northeast Regional Counterdrug Training Center, Fort Gap, Pennsylvania..


SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayers Right to Know Act''. SEC. 2. REQUIREMENTS RELATING TO ANNUAL REPORT ON COST OF, PERFORMANCE BY, AND AREAS FOR IMPROVEMENTS FOR GOVERNMENT PROGRAMS. (a) Requirement To Identify and Describe Programs.--Each fiscal year, for purposes of the report required by subsection (b), the head of each agency shall-- (1) identify and describe every program administered by the agency; (2) for each such program-- (A) determine the total administrative expenses of the program; (B) determine the expenditures for services for the program; (C) estimate the number of clients served by the program and beneficiaries who received assistance under the program (if applicable); and (D) estimate-- (i) the number of full-time employees who administer the program; and (ii) the number of full-time equivalents (whose salary is paid in part or full by the Federal Government through a grant or contract, a subaward of a grant or contract, a cooperative agreement, or another form of financial award or assistance) who assist in administering the program; and (3) identify programs within the Federal Government (whether inside or outside the agency) with duplicative or overlapping missions, services, and allowable uses of funds. (b) Relationship to Catalog of Domestic Assistance.--With respect to the requirements of subsections (a)(1) and (a)(2)(B), the head of an agency may use the same information provided in the catalog of domestic and international assistance programs in the case of any program that is a domestic or international assistance program. (c) Report.--Not later than February 1 of each fiscal year, the head of each agency shall publish on the official public website of the agency a report containing the following: (1) The information required under subsection (a) with respect to the preceding fiscal year. (2) The latest performance reviews (including the program performance reports required under section 1116 of title 31, United States Code) of each program of the agency identified under subsection (a)(1), including performance indicators, performance goals, output measures, and other specific metrics used to review the program and how the program performed on each. (3) For each program that makes payments, the latest improper payment rate of the program and the total estimated amount of improper payments, including fraudulent payments and overpayments. (4) The total amount of unspent and unobligated program funds held by the agency and grant recipients (not including individuals) stated as an amount-- (A) held as of the beginning of the fiscal year in which the report is submitted; and (B) held for five fiscal years or more. (5) Such recommendations as the head of the agency considers appropriate-- (A) to consolidate programs that are duplicative or overlapping; (B) to eliminate waste and inefficiency; and (C) to terminate lower priority, outdated, and unnecessary programs and initiatives. (d) Definitions.--In this Act: (1) Administrative expenses.--The term ``administrative costs'' has the meaning as determined by the Director of the Office of Management and Budget under section 504(b)(2) of Public Law 111-85 (31 U.S.C. 1105 note), except the term shall also include, for purposes of that section and this section, with respect to an agency-- (A) costs incurred by the agency as well as costs incurred by grantees, subgrantees, and other recipients of funds from a grant program or other program administered by the agency; and (B) expenses related to personnel salaries and benefits, property management, travel, program management, promotion, reviews and audits, case management, and communication about, promotion of, and outreach for programs and program activities administered by the agency. (2) Services.--The term ``services'' has the meaning provided by the Director of the Office of Management and Budget and shall be limited to only activities, assistance, and aid that provide a direct benefit to a recipient, such as the provision of medical care, assistance for housing or tuition, or financial support (including grants and loans). (3) Agency.--The term ``agency'' has the same meaning given that term in section 551(1) of title 5, United States Code, except that the term also includes offices in the legislative branch other than the Government Accountability Office. (4) Performance indicator, performance goal, output measure, program activity.--The terms ``performance indicator'', ``performance goal'', ``output measure'', and ``program activity'' have the meanings provided by section 1115 of title 31, United States Code. (5) Program.--The term ``program'' has the meaning provided by the Director of the Office of Management and Budget and shall include, with respect to an agency, any organized set of activities directed toward a common purpose or goal undertaken by the agency that includes services, projects, processes, or financial or other forms of assistance, including grants, contracts, cooperative agreements, compacts, loans, leases, technical support, consultation, or other guidance. SEC. 3. AMENDMENTS TO CATALOG OF FEDERAL DOMESTIC ASSISTANCE PROGRAMS. (a) Addition of International Assistance Programs.-- (1) In general.--Section 6101 of title 31, United States Code, is amended by adding at the end the following: ``(7) The term `international assistance' has the meaning provided by the Director of the Office of Management and Budget and shall include, with respect to an agency, assistance including grants, contracts, compacts, loans, leases, and other financial and technical support to-- ``(A) foreign nations; ``(B) international organizations; ``(C) services provided by programs administered by any agency outside of the territory of the United States; and ``(D) services funded by any agency provided in foreign nations or outside of the territory of the United States by non-governmental organizations and entities. ``(8) The term `assistance program' means each of the following: ``(A) A domestic assistance program. ``(B) An international assistance program.''. (2) Conforming amendments.-- (A) Section 6102 of title 31, Untied States Code, is amended-- (i) in subsection (a), in the matter preceding paragraph (1), by striking ``domestic'' both places it appears; and (ii) in subsection (b), by striking ``domestic''. (B) Section 6104 of such title is amended-- (i) in subsections (a) and (b), by inserting ``and international assistance'' after ``domestic assistance'' each place it appears; and (ii) in the section heading, by inserting ``and international'' after ``domestic''. (b) Additional Information Required To Be Included Catalog.-- Section 6104(b) of title 31, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting a semicolon; and (3) by adding at the end the following new paragraphs: ``(4) the information required in paragraphs (1) through (4) of subsection (b) of the Taxpayers Right to Know Act; ``(5) the budget function or functions applicable to each assistance program contained in the catalog; ``(6) with respect to each assistance program in the catalog, an electronic link to the annual report required by section 2(b) of the Taxpayers Right to Know Act by the agency that carries out the assistance program; and ``(7) the authorization and appropriation amount provided by law for each assistance program in the catalog in the current fiscal year, and a notation if the program is not authorized in the current year, has not been authorized in law, or does not receive a specific line item appropriation.''. (c) Report Related to Compliance With Catalog Requirements.-- Section 6104 of title 31, United States Code, is further amended by adding at the end the following new subsection: ``(e) Compliance.--On the website of the catalog of Federal domestic and international assistance information, the Administrator shall provide the following: ``(1) Contact information.--The title and contact information for the person in each agency responsible for the implementation, compliance, and quality of the data in the catalog. ``(2) Report.--An annual report compiled by the Administrator of domestic assistance programs, international assistance programs, and agencies with respect to which the requirements of this chapter are not met.''. (d) Bulk Downloads of Data.--Section 6103 of such title is amended by adding at the end the following new subsection: ``(d) Bulk Downloads.--The information in the catalog of domestic and international assistance under section 6104 of this title shall be available on a regular basis through bulk downloads from the website of the catalog.''. (e) Revision to Agency Definition.--Section 6101(2) of such title is amended by inserting before the period at the end the following: ``except such term also includes offices in the legislative branch other than the Government Accountability Office''. SEC. 4. REGULATIONS AND IMPLEMENTATION. (a) Regulations.--Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall prescribe regulations to implement this Act. (b) Implementation.--This Act shall be implemented beginning with the first full fiscal year occurring after the date of the enactment of this Act.

Summary: Taxpayers Right to Know Act - Requires the head of each federal agency in each fiscal year to: (1) identify and describe every program administered by such agency; (2) determine the total administrative expenses and expenditures for services for each program; (3) estimate the number of clients served by each program and the beneficiaries who received assistance under each program; (4) estimate the number of full-time federal and contract employees who administer each program; and (5) identify federal programs with duplicative or overlapping missions, services, and allowable uses of funds. Requires agency heads to publish on agency websites the information required by this Act, the latest performance reviews of each agency program, improper payment rates, the total amount of unspent and unobligated program funds held by the agency and grant recipients, and recommendations for consolidating duplicative programs, eliminating waste and inefficiency, and terminating lower priority, outdated, and unnecessary programs and initiatives. Expands the scope of information required in the Catalog of Federal Domestic Assistance to include: (1) programs providing assistance to foreign nations, international organizations, and services provided or funded by agencies operating outside the United States; (2) information required by this Act; and (3) budget functions and authorization and appropriation amounts for each assistance program in the Catalog.


SECTION 1. DEFINITION OF INDIAN STUDENT COUNT. Section 117(h) of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 U.S.C. 2327(h)) is amended by striking paragraph (2) and inserting the following: ``(2) Indian student count.-- ``(A) In general.--The term `Indian student count' means a number equal to the total number of Indian students enrolled in each tribally-controlled postsecondary vocational and technical institution, as determined in accordance with subparagraph (B). ``(B) Determination.-- ``(i) Enrollment.--For each academic year, the Indian student count shall be determined on the basis of the enrollments of Indian students as in effect at the conclusion of-- ``(I) in the case of the fall term, the third week of the fall term; and ``(II) in the case of the spring term, the third week of the spring term. ``(ii) Calculation.--For each academic year, the Indian student count for a tribally- controlled postsecondary vocational and technical institution shall be the quotient obtained by dividing-- ``(I) the sum of the credit-hours of all Indian students enrolled in the tribally-controlled postsecondary vocational and technical institution (as determined under clause (i)); by ``(II) 12. ``(iii) Summer term.--Any credit earned in a class offered during a summer term shall be counted in the determination of the Indian student count for the succeeding fall term. ``(iv) Students without secondary school degrees.-- ``(I) In general.--A credit earned at a tribally-controlled postsecondary vocational and technical institution by any Indian student that has not obtained a secondary school degree (or the recognized equivalent of such a degree) shall be counted toward the determination of the Indian student count if the institution at which the student is enrolled has established criteria for the admission of the student on the basis of the ability of the student to benefit from the education or training of the institution. ``(II) Presumption.--The institution shall be presumed to have established the criteria described in subclause (I) if the admission procedures for the institution include counseling or testing that measures the aptitude of a student to successfully complete a course in which the student is enrolled. ``(III) Credits toward secondary school degree.--No credit earned by an Indian student for the purpose of obtaining a secondary school degree (or the recognized equivalent of such a degree) shall be counted toward the determination of the Indian student count under this clause. ``(v) Continuing education programs.--Any credit earned by an Indian student in a continuing education program of a tribally- controlled postsecondary vocational and technical institution shall be included in the determination of the sum of all credit hours of the student if the credit is converted to a credit-hour basis in accordance with the system of the institution for providing credit for participation in the program.''.

Summary: Amends the Carl D. Perkins Vocational and Technical Education Act of 1998 with respect to grants to tribally controlled postsecondary vocational and technical institutions that are not receiving federal support under the Tribally Controlled College or University Assistance Act of 1978 or the Navajo Community College Act to provide basic support for the education and training of Indian students. Revises the definition of "Indian student count" (essential to the formula for the determination of grant amounts).


That this Act may be cited as the ``College Construction Loan Insurance Association Privatization Act of 1995''. findings and purposes Sec. 2. (a) Findings.--The Congress finds that-- (1) the College Construction Loan Insurance Association (hereinafter referred to as ``the Corporation'') was established by the Higher Education Amendments of 1986 (Public Law 99-498) in order to assist in financing the construction, reconstruction, renovation, acquisition, or purchase of postsecondary education facilities; (2) in order to attract initial investors and establish the Corporation as a viable corporate entity, the Secretary of Education was required by statute to purchase a minority equity interest in the Corporation; (3) it was the intent of Congress, in establishing the Corporation, that the Federal Government's ownership interest in the Corporation would eventually terminate through the sale of the stock of the Corporation owned by the Secretary of Education; (4) current statutory restrictions on the Corporation's business activities and organization impede the Corporation's efforts to operate effectively and to provide the services needed by educational institutions; and (5) eliminating all statutory restrictions on the Corporation's business activities, as well as other links between the Federal Government and the Corporation, would-- (A) eliminate a Federal presence where the operation of market forces would be more suitable and contribute toward reducing the scope of Government; (B) improve the ability of the Corporation to provide assistance in the financing of education facilities; and (C) return funds to the United States Treasury. (b) Purposes.--The purposes of this Act are to-- (1) terminate, in an orderly manner, the Corporation's financial and other connections to the United States Government; and (2) enable the Corporation to engage in any business or other activities for which corporations may be organized under the laws of any State of the United States or the District of Columbia. status of the corporation and corporate powers; obligations not federally guaranteed Sec. 3. (a) Status of the Corporation.--The Corporation shall not be an agency, instrumentality, or establishment of the United States Government and shall not be a ``Government corporation'' nor a ``Government controlled corporation'' as defined in section 103 of title 5, United States Code. No action under section 1491 of title 28, United States Code (commonly known as the Tucker Act) shall be allowable against the United States based on the actions of the Corporation. (b) Corporate Powers.--The Corporation shall be subject to the provisions of this Act, and, to the extent not inconsistent with this Act, to the District of Columbia Business Corporation Act (or the comparable law of another State, if applicable). The Corporation shall have the powers conferred upon a corporation by the District of Columbia Business Corporation Act (or such other applicable State law) as from time to time in effect in order to conduct its affairs as a private, for-profit corporation and to carry out its purposes and activities incidental thereto. The Corporation shall have the power to enter into contracts, to execute instruments, to incur liabilities, to provide products and services, and to do all things as are necessary or incidental to the proper management of its affairs and the efficient operation of a private, for-profit business. (c) No Federal Guarantee.-- (1) Obligations insured by the corporation.-- (A) No obligation that is insured, guaranteed, or otherwise backed by the Corporation shall be deemed to be an obligation that is guaranteed by the full faith and credit of the United States. (B) No obligation that is insured, guaranteed, or otherwise backed by the Corporation shall be deemed to be an obligation that is guaranteed by the Student Loan Marketing Association. (C) This paragraph shall not affect the determination of whether such obligation is guaranteed for purposes of Federal income taxes. (2) Securities offered by the corporation.--No debt or equity securities of the Corporation shall be deemed to be guaranteed by the full faith and credit of the United States. (d) Definition.--The term ``Corporation'' as used in this Act shall refer to the College Construction Loan Insurance Association as in existence as of the day before enactment of this Act, and to any successor corporation. related privatization requirements Sec. 4. (a) Notice Requirements.-- (1) During the six-year period following the date of enactment of this Act, the Corporation shall include, in each of the Corporation's contracts for the insurance, guarantee, or reinsurance of obligations, and in each document offering debt or equity securities of the Corporation a prominent statement providing notice that-- (A) such obligations or such securities, as the case may be, are not obligations of the United States, nor are they guaranteed in any way by the full faith and credit of the United States; and (B) the Corporation is not an instrumentality of the United States. (2) During the five-year period following the sale of stock pursuant to section 5(a), in addition to the notice requirements in paragraph (1), the Corporation shall include, in each of the contracts and documents referred to in such paragraph, a prominent statement providing notice that the United States is not an investor in the Corporation. (b) Corporate Charter.--The Corporation's charter shall be amended as necessary and without delay to conform to the requirements of this Act. (c) Corporate Name.--The name of the Corporation, or of any direct or indirect subsidiary thereof, may not contain the term ``College Construction Loan Insurance Association'', or any substantially similar variation thereof. (d) Transitional Requirements.-- (1) Requirements until stock sale.--Notwithstanding section 6, the requirements of sections 754 and 760 of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq., hereinafter referred to as ``the Act''), as in existence as of the day before enactment of this Act, shall continue to be effective until the day immediately following the date of closing of the purchase of the Secretary's stock (or the date of closing of the final purchase, in the case of multiple transactions) pursuant to section 5(a) of this Act. (2) Reports after stock sale.--The Corporation shall, not later than March 30 of the first full calendar year immediately following the sale pursuant to section 5(a), and each of the two succeeding years, submit to the Secretary of Education a report describing the Corporation's efforts to assist in the financing of education facilities projects, including projects for elementary, secondary, and postsecondary educational institution infrastructure, and detailing, on a project-by-project basis, the Corporation's business dealings with educational institutions that are rated by a nationally recognized statistical rating organization at or below the organization's third highest rating. sale of federally-owned stock Sec. 5. (a) Sale of Stock Required.--The Secretary of the Treasury shall, upon the request of the Secretary of Education, make every appropriate effort to sell, pursuant to section 324 of title 31 of the United States Code, the voting common stock of the Corporation owned by the Secretary of Education not later than one year after the date of enactment of this Act. (b) Purchase by the Corporation.--In the event that the Secretary of the Treasury is unable to sell the voting common stock, or any portion thereof, at a price acceptable to the Secretary of Education and the Secretary of the Treasury within the period specified in subsection (a), the Corporation shall purchase such stock at a price determined by the Secretary of the Treasury, in consultation with the Secretary of Education, based on the independent appraisal of one or more nationally recognized financial firms. Such firm or firms shall be selected by the Secretary of the Treasury in consultation with the Secretary of Education and the Corporation. (c) Reimbursement of Costs of Sale.--The Secretary of the Treasury shall be reimbursed from the proceeds of the sale of the stock under this section for all reasonable costs related to such sale, including all reasonable expenses relating to one or more independent appraisals under this section. (d) Assistance by the Corporation.--The Corporation shall provide such assistance as the Secretary of the Treasury and the Secretary of Education may require to facilitate the sale of the stock under this section. repeal of statutory restrictions and related provisions Sec. 6. Part D of Title VII of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is repealed.

Summary: College Construction Loan Insurance Association Privatization Act of 1995 - Provides for the privatization and renaming of the College Construction Loan Insurance Association, and the cessation of Federal sponsorship. Repeals provisions for such Association under the Higher Education Act of 1965.


SECTION 1. PILOT PROGRAM TO PROTECT NATIVE ANADROMOUS FISH IN THE STANISLAUS RIVER, CALIFORNIA. (a) Establishment of Nonnative Predator Fish Removal Pilot Program.--The Secretary of Commerce and the districts, in consultation with the United States Fish and Wildlife Service, shall jointly develop and conduct a nonnative predator fish removal pilot program to remove nonnative striped bass, smallmouth bass, largemouth bass, black bass, and other nonnative predator fishes from the Stanislaus River, California. The pilot program shall-- (1) be scientifically based; (2) include methods to quantify the number and size of predator fishes removed each year, the impact of such removal on the overall abundance of predator fishes, and the impact of such removal on the populations of juvenile anadromous fish found in the Stanislaus River by, among other things, evaluating the number of juvenile anadromous fish that migrate past the rotary screw trap located at Caswell; (3) among other methods, use wire fyke trapping, portable resistance board weirs, and boat electrofishing; (4) be developed, including the application for all necessary scientific research and species enhancement permits under section 10(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)) for the performance of the pilot program, not later than 6 months after the date of the enactment of this Act; (5) be implemented as quickly as possible following the issuance of all necessary scientific research and species enhancement permits needed to begin the pilot program; and (6) be implemented for a period of 7 consecutive calendar years. (b) Management.--The management of the pilot program shall be the joint responsibility of the Secretary and the districts. Such parties shall work collaboratively to ensure the performance of the pilot program, and shall discuss and agree upon, among other things, changes in the structure, management, personnel, techniques, strategy, data collection, reporting, and conduct of the pilot program. (c) Conduct.-- (1) In general.--By agreement between the Secretary and the districts, the pilot program may be conducted by their own personnel, qualified private contractors hired by the districts, personnel of, on loan to, or otherwise assigned to the National Marine Fisheries Service, or a combination thereof. (2) Participation by the national marine fisheries service.--If the districts elect to conduct the program using their own personnel or qualified private contractors hired by them in accordance with paragraph (1), the Secretary may assign an employee of, on loan to, or otherwise assigned to the National Marine Fisheries Service, to be present for all activities performed in the field. Such presence shall ensure compliance with the agreed-upon elements specified in subsection (b). The districts shall pay the cost of such participation in accordance with subsection (d). (3) Timing of election.--The districts shall notify the Secretary of their election on or before October 15 of each calendar year of the pilot program. Such an election shall apply to the work performed in the subsequent calendar year. (d) Funding.-- (1) In general.--The districts shall be responsible for 100 percent of the cost of the pilot program. (2) Contributed funds.--The Secretary may accept and use contributions of funds from the districts to carry out activities under the pilot program. (3) Estimation of cost.--On or before December 1 of each year of the pilot program, the Secretary shall submit to the districts an estimate of the cost to be incurred by the National Marine Fisheries Service for the pilot program in the following calendar year, if any, including the cost of any data collection and posting under subsection (e). If an amount equal to the estimate is not provided through contributions pursuant to paragraph (2) before December 31 of that year-- (A) the Secretary shall have no obligation to conduct the pilot program activities otherwise scheduled for such following calendar year until such amount is contributed by the districts; and (B) the districts may not conduct any aspect of the pilot program until such amount is contributed by the districts. (4) Accounting.--On or before September 1 of each year, the Secretary shall provide to the districts an accounting of the costs incurred by the Secretary for the pilot program in the preceding calendar year. If the amount contributed by the districts pursuant to paragraph (2) for that year was greater than the costs incurred by the Secretary, the Secretary shall-- (A) apply the excess contributions to costs of activities to be performed by the Secretary under the pilot program, if any, in the next calendar year; or (B) if no such activities are to be performed, repay the excess contribution to the districts. (e) Reporting and Evaluation.-- (1) In general.--On or before the 15th day of each month, the Secretary shall post on the Internet website of the National Marine Fisheries Service a tabular summary of the raw data collected under the pilot program in the preceding month. (2) Report.--On or before June 30 of the year following the completion of the pilot program, the Secretary and the districts shall jointly submit for peer review a report that-- (A) discusses the findings and conclusions of the pilot program; (B) synthesizes the data collected under paragraph (1); and (C) makes recommendations for further study and action. (f) Permits Process.-- (1) Requirement.--Not later than 180 days after the filing by the Secretary and the districts of an application for scientific research and species enhancement permits under section 10(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(1)) for the pilot program, the Secretary of the Interior, the Secretary of Commerce, or both, as appropriate, shall issue to the National Marine Fisheries Service and the districts all such permits that are necessary for the performance of the pilot program. Each such permit shall authorize activities under the permits to be carried out by the districts and by the National Marine Fisheries Service. (2) Delegation of authority.--The districts and the Secretary may delegate the authority to conduct activities under such permits to any qualified private contractor retained in accordance with subsection (c). (3) Failure to issue permits.--The pilot program, including amendments thereto by the appropriate Federal agencies, shall constitute a conservation plan that complies with section 10(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(2)) if the Secretaries have not carried out paragraph (1) within 270 days after the filling of an application in accordance with such paragraph. (4) Treatment of striped bass.--For purposes of the application of the Central Valley Project Improvement Act (title III of Public Law 102-575) with respect to the pilot program, striped bass shall not be treated as anadromous fish. (g) NEPA.-- (1) Limitation on application.--If the Secretaries have not carried out subsection (f)(1) within 365 days after the filing by the Secretary of Commerce and the districts of an application referred to in that subsection, section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to this section and the issuance of any permit under this section, during the 7- year period beginning on the date of the submission of such application. (2) Emergency environmental reviews.--The Secretary of the Interior and the Secretary of Commerce shall consult with the Council on Environmental Quality in accordance with section 1506.11 of title 40, Code of Federal Regulations (including successor regulations) to develop alternative arrangements to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), as necessary to expedite the benefits of the pilot program for the conservation of threatened species and endangered species. (h) Definitions.--For the purposes of this section: (1) Districts.--The term ``districts'' means the Oakdale Irrigation District and the South San Joaquin Irrigation District, California. (2) Pilot program.--The term ``pilot program'' means the nonnative predator fish removal pilot program established under this section. (3) Secretary of commerce.--The term ``Secretary of Commerce'' means the Secretary of Commerce acting through the National Marine Fisheries Service. (i) State Law Preempted.-- (1) In general.--Any restriction imposed under California law on the catch, take, or harvest of any nonnative or introduced aquatic or terrestrial species that preys upon anadromous fish and that occupies or is found in the Stanislaus River, or the permitting thereof, is hereby void and is preempted. (2) State permits not required.--Neither the districts nor the Secretaries are required to obtain a Scientific Collection Permit or any other permit or authorization from the California Department of Fish and Wildlife or any other division or instrumentality of the State of California pursuant to section 1002(a) of the California Fish and Game Code, section 5514(a) of the California Fish and Game Code, section 650 or title 14 of the California Code of Regulations, or any other provision of California law to implement any aspect of the pilot program. (j) Sunset.--The authorities provided under this section shall expire 7 years after date of the issuance of the permits referred to in subsection (f)(1).

Summary: Directs the National Marine Fisheries Service and the Oakdale and South San Joaquin Irrigation Districts in California (the districts) to jointly develop and conduct a pilot program to remove non-native striped bass, smallmouth bass, largemouth bass, black bass, and other non-native predator fish from the Stanislaus River. Requires the program to: (1) be scientifically based; (2) include methods to quantify the number and size of predator fish removed each year, the impact of such removal on the overall abundance of predator fish, and the impact of such removal on the populations of certain juvenile anadromous fish found in the Stanislaus River; and (3) be implemented for seven consecutive years. Requires the districts to be responsible for the cost of such program. Authorizes the Service to accept and use contributions of funds from the districts to carry out activities under the program. Directs: (1) the Service to post, each month, on its Internet website a tabular summary of the raw data collected under the program in the preceding month; and (2) the Service and the districts, by June 30 of the year following the completion of the program, to jointly submit for peer review a report that discusses program's findings and conclusions, synthesizes the data collected, and makes recommendations for further study and action. Voids and preempts any California legal restriction imposed on, or the permitting of, the catch, take, or harvest of any non-native or introduced aquatic or terrestrial species that preys upon specified stocks of anadromous fish and that occupies or is found in the Stanislaus River.


SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Shirley A. Chisholm United States-Caribbean Educational Exchange Act of 2009''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Definitions. Sec. 3. Statement of purpose. Sec. 4. Shirley A. Chisholm United States-Caribbean Educational Exchange Program. Sec. 5. Program to provide educational development assistance for CARICOM countries. Sec. 6. Administrative provisions. Sec. 7. Reporting requirements. Sec. 8. Authorization of appropriations. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--Except as otherwise provided, the term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (3) CARICOM country.--The term ``CARICOM country''-- (A) means a member country of the Caribbean Community (CARICOM); but (B) does not include-- (i) a country having observer status in CARICOM; or (ii) a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (4) Secretary.--Except as otherwise provided, the term ``Secretary'' means the Secretary of State. (5) United states cooperating agency.--The term ``United States cooperating agency'' means-- (A) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), including, to the maximum extent practicable, an historically Black college or university that is a part B institution (as such term is defined in section 322(2) of such Act (20 U.S.C. 1061(2))) or an Hispanic-serving institution (as such term is defined in section 502(5) of such Act (20 U.S.C. 1101a(5))); (B) a higher education association; (C) a nongovernmental organization incorporated in the United States; or (D) a consortium consisting of two or more such institutions, associations, or nongovernmental organizations. SEC. 3. STATEMENT OF PURPOSE. The purpose of this Act is to establish-- (1) an educational exchange program between the United States and CARICOM countries, to be known as the ``Shirley A. Chisholm United States-Caribbean Educational Exchange Program'', pursuant to section 4 to assist in educating promising students and scholars from communities demonstrating the greatest need within CARICOM countries who will invest the knowledge and experiences they gain in the United States back into the community of CARICOM countries; and (2) a program to provide educational development assistance for communities demonstrating the greatest need within CARICOM countries pursuant to section 5. SEC. 4. SHIRLEY A. CHISHOLM UNITED STATES-CARIBBEAN EDUCATIONAL EXCHANGE PROGRAM. (a) Program Authorized.--The Secretary of State is authorized to establish an educational exchange program between the United States and CARICOM countries, to be known as the ``Shirley A. Chisholm United States-Caribbean Educational Exchange Program,'' under which-- (1) secondary school students from CARICOM countries will-- (A) attend a public or private secondary school in the United States; and (B) participate in activities designed to promote a greater understanding of the values and culture of the United States; and (2) undergraduate students, graduate students, post- graduate students, and scholars from CARICOM countries will-- (A) attend a public or private college or university, including a community college, in the United States; and (B) participate in activities designed to promote a greater understanding of the values and culture of the United States. (b) Elements of Program.--The program authorized under subsection (a) shall meet the following requirements: (1) The program will offer scholarships to students and scholars based on merit and need. It is the sense of Congress that scholarships should be offered to students and scholars who evidence merit, achievement, and strong potential for the studies such students and scholars wish to undertake under the program and 60 percent of scholarships offered under the program should be based on financial need. (2) The program will seek to achieve gender equality in granting scholarships under the program. (3) Fields of study under the program will support the labor market and development needs of CARICOM countries, assuring a pool of technical experts to address such needs. (4) The program will limit participation to-- (A) one year of study for secondary school students; (B) two years of study for undergraduate students; and (C) 12 months of study for graduate students, post- graduate students, and scholars. (5) For a period of time equal to the period of time of participation in the program, but not to exceed 2 years, the program will require participants who are students and scholars described in subsection (a)(2) to-- (A) agree to return to live in a CARICOM country and maintain residence in such country, within 6 months of completion of academic studies; or (B) agree to obtain employment that directly benefits the growth, progress, and development of one or more CARICOM countries and the people of such countries. (6) The Secretary may waive, shorten the duration, or otherwise alter the requirements of paragraph (4) in limited circumstances of hardship, humanitarian needs, for specific educational purposes, or in furtherance of the national interests of the United States. (c) Role of United States Cooperating Agencies.--The Secretary shall consult with United States cooperating agencies in developing the program authorized under subsection (a). The Secretary is authorized to provide grants to United States cooperating agencies in carrying out the program authorized under subsection (a). (d) Monitoring and Evaluation of Program.-- (1) In general.--The Secretary shall monitor and evaluate the effectiveness and efficiency of the program authorized under subsection (a). In so doing, the Secretary shall, among other things, evaluate the program's positive or negative effects on brain drain from the participating CARICOM countries and suggest ways in which the program may be improved to promote the basic goal of alleviating brain drain from the participating CARICOM countries. (2) Requirements.--In carrying out paragraph (1), the Secretary shall review on a regular basis-- (A) financial information relating to the program; (B) budget plans for the program; (C) adjustments to plans established for the program; (D) graduation rates of participants in the program; (E) the percentage of participants who are students described in subsection (a)(1) who pursue higher education; (F) the percentage of participants who return to their home country or another CARICOM country; (G) the types of careers pursued by participants in the program and the extent to which such careers are linked to the political, economic, and social development needs of CARICOM countries; and (H) the impact of gender, country of origin, financial need of students, and other relevant factors on the data collected under subparagraphs (D) through (G). SEC. 5. PROGRAM TO PROVIDE EDUCATIONAL DEVELOPMENT ASSISTANCE FOR CARICOM COUNTRIES. (a) Program Authorized.--The Secretary of State, acting through the Administrator of the United States Agency for International Development, is authorized to establish a program to provide educational development assistance for CARICOM countries. (b) Purpose of Program.--The purpose of the program authorized under subsection (a) is to improve primary and secondary education in CARICOM countries by enhancing teacher training, strengthening curriculum and instructional materials, and assisting improvements in school management and public administration of education. (c) Elements of Program.--The program authorized under subsection (a) shall extend and expand upon existing primary and secondary school programs in CARICOM countries to provide-- (1) teacher-training methods and training in subject area studies; (2) classroom and school management; (3) development and modernization of curriculum and instructional materials; (4) increased community involvement in school activities; and (5) local, regional, and national government policy planning on the elements described in paragraphs (1) through (4). (d) Role of United States Cooperating Agencies.--The Secretary shall consult with the Secretary of Education, officials of United States cooperating agencies, and officials of CARICOM countries in developing the program authorized under subsection (a). The Secretary is authorized to make grants to United States cooperating agencies in carrying out the program authorized under subsection (a). (e) Monitoring and Evaluation of Program.--The Secretary shall monitor and evaluate the effectiveness and efficiency of the program authorized under subsection (a). SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Funding From Private Sources and Partnerships With Other Appropriate Entities.--To the maximum extent practicable, the Secretary of State and the Administrator of the United States Agency for International Development should implement the programs authorized under sections 4 and 5 through utilization of funding from private sources to maximize the impact of United States funds under this Act, and through partnerships with appropriate United States organizations, institutions, and corporations. (b) Avoidance of Duplication.--The Secretary and the Administrator shall consult with the Secretary of Education to ensure that-- (1) activities under the programs authorized under sections 4 and 5 are not duplicative of other United States educational programs for CARICOM countries; and (2) United States cooperating agencies and partner institutions in CARICOM countries are accredited by national or regional accrediting bodies. (c) Reporting Under SEVIS.--To the extent necessary, the Secretary shall provide support to United States cooperating agencies that are participating in the program authorized under section 4 in order to fulfill the requirements for student data reporting under the Student and Exchange Visitor Information System (SEVIS). SEC. 7. REPORTING REQUIREMENTS. (a) Report Required.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on plans to implement the programs authorized under sections 4 and 5. (b) Matters To Be Included.--The report required by subsection (a) shall include-- (1) with respect to implementation of the program authorized under section 4-- (A) a plan for selecting participants in the program, including an estimate of the number of secondary school students, undergraduate students, graduate students, post-graduate students, and scholars from each country, by educational level, who will be selected as participants in the program for each fiscal year; (B) a timeline for selecting United States cooperating agencies that will assist in implementing the program; (C) a financial plan that-- (i) identifies budget plans for each educational level under the program; and (ii) identifies plans or systems to ensure that the costs to public school, college, and university education under the program and the costs to private school, college, and university education under the program are reasonably allocated; and (D) a plan to provide outreach to and linkages with schools, colleges and universities, and nongovernmental organizations in both the United States and CARICOM countries for implementation of the program; and (2) a plan outlining implementation of the program authorized under section 5, identifying the initial countries in which the program will be implemented and a timeline for implementation. (c) Updates of Report.-- (1) In general.--The Secretary shall submit to the appropriate congressional committees updates of the report required by subsection (a) for each fiscal year for which amounts are appropriated pursuant to the authorization of appropriations under section 8. (2) Matters to be included.--Such updates shall include the following: (A) Information on United States cooperating agencies that are selected to assist in implementing the programs authorized under sections 4 and 5. (B) An analysis of the positive and negative impacts the program authorized under section 4 will have or is having on brain drain from the participating CARICOM countries. (C) A description of efforts made by the Secretary and the Administrator to implement the program authorized under section 5. (D) A description of the programs established in each CARICOM country receiving assistance under the program authorized under section 5. Such description shall include a detailed explanation of the extent to which the program and the assistance provided are contributing to the purpose of the program described in section 5(b) in the CARICOM country. (E) An evaluation of additional educational development goals in CARICOM countries, identifying those goals that could be maximized or achieved with United States assistance through the program authorized under section 5. In addition to standard or necessary areas of education review, the evaluation should give attention to factors affecting academic achievement, attrition, and graduation rates in CARICOM countries. The evaluation should suggest ways in which United States assistance can maximize success factors and address factors contributing to poor achievement. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2009 through 2012. Amounts appropriated pursuant to the authorization of appropriations under this section are in addition to amounts otherwise available for such purposes.

Summary: Shirley A. Chisholm United States-Caribbean Educational Exchange Act of 2009 - Authorizes the Secretary of State to establish the Shirley Chisholm United States-Caribbean Educational Exchange Program under which scholars and secondary, undergraduate, graduate, and post-graduate students from certain Caribbean countries would attend U.S. schools and participate in activities designed to promote a greater understanding of U.S. values and culture. Authorizes the Secretary, through the United States Agency for International Development (USAID), to establish a program to improve primary and secondary education in such countries by enhancing teacher training, strengthening curriculum and instructional materials, and assisting improvements in school management and public administration of education.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans TRICARE Choice Act''. SEC. 2. COORDINATION BETWEEN TRICARE PROGRAM AND ELIGIBILITY TO MAKE CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS. (a) In General.--Section 223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause: ``(iv) coverage under the TRICARE program under chapter 55 of title 10, United States Code, for any period with respect to which an election is in effect under section 1097d of such title providing that the individual is ineligible to be enrolled in (and receive benefits under) such program.''. (b) Provisions Relating to Election of Ineligibility Under TRICARE.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1097c the following new section: ``Sec. 1097d. TRICARE program: Election of eligibility ``(a) Election.--A TRICARE-eligible individual may elect at any time to be ineligible to enroll in (and receive any benefits under) the TRICARE program. ``(b) Change of Election.--(1) If a TRICARE-eligible individual makes an election under subsection (a), the TRICARE-eligible individual may later elect to be eligible to enroll in the TRICARE program. An election made under this subsection may be made only during a special enrollment period. ``(2) The Secretary shall ensure that a TRICARE-eligible individual who makes an election under subsection (a) may efficiently enroll in the TRICARE program pursuant to an election under paragraph (1), including by maintaining the individual, as appropriate, in the health care enrollment system under section 1099 of this title in an inactive manner. ``(c) Period of Election.--If a TRICARE-eligible individual makes an election under subsection (a), such election shall be in effect beginning on the date of such election and ending on the date that such individual makes an election under subsection (b)(1) to enroll in the TRICARE program. ``(d) Health Savings Account Participation.--(1) For provisions allowing participation in a health savings account in connection with coverage under a high deductible health plan during the period that the election under subsection (a) is in effect, see section 223(c)(1)(B)(iv) of the Internal Revenue Code of 1986. ``(2) The Secretary shall submit to the Commissioner of Internal Revenue the name of, and any other information that the Commissioner may require with respect to, each TRICARE-eligible individual who makes an election under subsection (a) or (b), not later than 90 days after such election, for purposes of determining the eligibility of such TRICARE-eligible individual for a health savings account described in paragraph (1). ``(e) Records.--The Secretary shall ensure that a TRICARE-eligible individual who makes an election under subsection (a) is maintained on the Defense Enrollment Eligibility Reporting System, or successor system, regardless of whether the individual is eligible for the TRICARE program during the period of such election. ``(f) Annual Report.--Not later than 60 days after the end of each fiscal year, the Secretary shall submit to the congressional defense committees a report on elections by TRICARE-eligible individuals under this section that includes the following: ``(1) The number of TRICARE-eligible individuals, as of the date of the submittal of the report, who are ineligible to enroll in (and receive any benefits under) the TRICARE program pursuant to an election under subsection (a). ``(2) The number of TRICARE-eligible individuals who made an election described under subsection (a) but, as of the date of the submittal of the report, are enrolled in the TRICARE program pursuant to a change of election under subsection (b). ``(g) Definitions.--In this section: ``(1) The term `TRICARE-eligible individual' means an individual who is eligible to be a covered beneficiary entitled to health care benefits under the TRICARE program (determined without regard to this section). ``(2) The term `special enrollment period' means the period in which a beneficiary under the Federal Employees Health Benefits program under chapter 89 of title 5 may enroll in or change a plan under such program by reason of a qualifying event or during an open enrollment season. For purposes of this section, such qualifying events shall also include events determined appropriate by the Secretary of Defense, including events relating to a member of the armed forces being ordered to active duty.''. (2) Conforming amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1097c the following new item: ``1097d. TRICARE program: Election of eligibility.''.

Summary: Veterans TRICARE Choice Act Allows an individual who is eligible to participate in the TRICARE program (a Department of Defense [DOD] managed health care program) to: (1) elect to be ineligible to enroll in such program, (2) make tax deductible contributions to a health savings account during the period such individual elects to be ineligible for TRICARE coverage, and (3) enroll in the TRICARE program at a later date during a special enrollment period. Requires DOD to: (1) submit to the Internal Revenue Service information on each TRICARE-eligible individual who makes such election for purposes of determining such individual's eligibility for a health savings account; and (2) report to Congress, annually, on elections by TRICARE-eligible individuals under this Act.