SECTION 1. THREE-YEAR MODIFICATION OF PROCEDURES RELATING TO ASSISTANCE
              FOR COUNTRIES NOT COOPERATING WITH UNITED STATES
              COUNTERDRUG EFFORTS.

    (a) In General.--Chapter 8 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2291 et seq.) is amended by adding at the end the
following new section:

``SEC. 490A. LIMITATIONS DURING FISCAL YEARS 2002, 2003, AND 2004 ON
              ASSISTANCE FOR COUNTRIES NOT COOPERATING WITH UNITED
              STATES COUNTERDRUG EFFORTS.

    ``(a) Annual Identification of Countries Not Cooperating.--Not
later than November 1 of 2001, 2002, and 2003, the President shall
submit to the appropriate committees of Congress a report identifying
each country, if any, that the President proposes to be subject to the
provisions of subsection (f) in the fiscal year in which the country is
so identified by reason that such country--
            ``(1) is not cooperating fully with the United States in
        achieving full compliance with the goals and objectives of the
        United Nations Convention Against Illicit Traffic in Narcotic
        Drugs and Psychotropic Substances;
            ``(2) is not taking adequate steps on its own to achieve
        full compliance with the goals and objectives of the
        Convention; or
            ``(3) is not taking adequate steps to achieve full
        compliance with the goals and objectives of a bilateral
        agreement with the United States on illicit drug control.
    ``(b) Countries Subject to Withholding of Bilateral Assistance and
Opposition to Multilateral Assistance.--
            ``(1) Identification.--Not later than March 1 of 2002,
        2003, and 2004, the President shall submit to the appropriate
        committees of Congress a report identifying each country, if
        any, that shall be subject to the provisions of subsection (f)
        during the fiscal year in which the country is so identified
        under this subsection by reason of its identification in the
        most recent report under subsection (a).
            ``(2) Limitation on countries identified.--A country may be
        identified in a report under paragraph (1) only if the country
        is also identified in the most recent report under subsection
        (a).
    ``(c) Considerations Regarding Cooperation.--In determining whether
or not a country is to be identified in a report under subsection (a)
or (b), the President shall consider the extent to which the country--
            ``(1) has met the goals and objectives of the United
        Nations Convention Against Illicit Traffic in Narcotic Drugs
        and Psychotropic Substances, including action on such matters
        as illicit cultivation, production, distribution, sale,
        transport, financing, money laundering, asset seizure,
        extradition, mutual legal assistance, law enforcement and
        transit cooperation, precursor chemical control, and demand
        reduction;
            ``(2) has accomplished the goals described in the
        applicable bilateral narcotics control agreement with the
        United States or a multilateral agreement;
            ``(3) has taken legal and law enforcement measures to
        prevent and punish public corruption, especially by senior
        government officials, that facilitates the production,
        processing, or shipment of narcotic and psychotropic drugs and
        other controlled substances, or that discourages the
        investigation or prosecution of such acts; and
            ``(4) in the case of a country that is a producer of licit
        opium--
                    ``(A) maintains licit production and stockpiles of
                opium at levels no higher than those consistent with
                licit market demand; and
                    ``(B) has taken adequate steps to prevent
                significant diversion of its licit cultivation and
                production of opium into illicit markets and to prevent
                illicit cultivation and production of opium.
    ``(d) Omission for National Security Reasons.--
            ``(1) In general.--The President may omit from
        identification in a report under subsection (b) a country
        identified in the most recent report under subsection (a) if
        the President determines that the vital national security
        interests of the United States require that the country be so
        omitted.
            ``(2) Notice to congress.--If the President omits a country
        under paragraph (1) from a report under subsection (b), the
        President shall include in the report under that subsection--
                    ``(A) a full and complete description of the vital
                national security interests of the United States placed
                at risk if the country is not so omitted; and
                    ``(B) a statement weighing the risk described in
                subparagraph (A) against the risk posed to the vital
                national security interests of the United States by
                reason of the failure of the country to cooperate fully
                with the United States in combatting narcotics or to
                take adequate steps to combat narcotics on its own.
    ``(e) Congressional Action.--
            ``(1) In general.--The provisions of subsection (f) shall
        apply to a country in a fiscal year if Congress enacts a joint
        resolution, not later than March 30 of the fiscal year,
        providing that such provisions shall apply to the country in
        the fiscal year.
            ``(2) Covered countries.--A joint resolution referred to in
        paragraph (1) may apply to a country for a fiscal year only if
        the country was not identified in the report in the fiscal year
        under subsection (b).
            ``(3) Senate procedures.--Any joint resolution under this
        subsection shall be considered in the Senate in accordance with
        the provisions of section 601(b) of the International Security
        Assistance and Arms Export Control Act of 1976 (Public Law 94-
        329; 90 Stat. 765), except that for purposes of that section
        the certification referred to in section 601(a)(2)(B) of that
        Act shall be the applicable report of the President under
        subsection (b) of this section.
    ``(f) Withholding of Bilateral Assistance and Opposition to
Multilateral Assistance.--
            ``(1) Bilateral assistance.--Commencing on March 1 of a
        fiscal year in which a country is identified in a report under
        subsection (b), or March 31 in the case of a country covered by
        a joint resolution enacted in accordance with subsection (e),
        fifty percent of the United States assistance allocated to the
        country for the fiscal year in the report required by section
        653 shall be withheld from obligation and expenditure.
            ``(2) Multilateral assistance.--Commencing on March 1 of a
        year in which a country is identified in a report under
        subsection (b), or March 31 in the case of a country covered by
        a joint resolution enacted in accordance with subsection (e),
        the Secretary of the Treasury shall instruct the United States
        Executive Director of each multilateral development bank to
        vote, on and after that date, against any loan or other
        utilization of the funds of such institution for the country.
            ``(3) Multilateral development bank defined.--In this
        subsection, the term `multilateral development bank' means the
        following:
                    ``(A) The International Bank for Reconstruction and
                Development.
                    ``(B) The International Development Association.
                    ``(C) The Inter-American Development Bank.
                    ``(D) The Asian Development Bank.
                    ``(E) The African Development Bank.
                    ``(F) The European Bank for Reconstruction and
                Development.
    ``(g) Appropriate Committees of Congress Defined.--In this section,
the term `appropriate committees of Congress' means the following:
            ``(1) The Committees on Foreign Relations and
        Appropriations of the Senate.
            ``(2) The Committees on International Relations and
        Appropriations of the House of Representatives.''.
    (b) Relationship to Current Certification Process.--Section 490 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291j) is amended by
adding at the end the following new subsection:
    ``(i) Limitation on Applicability.--This section shall not apply
during fiscal years 2002, 2003, and 2004. For limitations on assistance
during those fiscal years for countries not cooperating with United
States counterdrug efforts see section 490A.''.
    (c) Conforming Amendment.--Section 489(a)(3)(A) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291h(a)(3)(A)) is amended by
inserting after ``under section 490(h)'' the following ``or, in 2002,
2003, and 2004, as otherwise determined by the President for purposes
of this section''.

SEC. 2. INCLUSION OF MAJOR DRUG TRAFFICKING ORGANIZATIONS IN
              INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.

    Section 489 of the Foreign Assistance Act of 1961 (22 U.S.C.
2291h), as amended by this Act, is further amended--
            (1) in subsection (a), by adding after the flush matter at
        the end of paragraph (7) the following new paragraph (8):
            ``(8) The identity of each organization determined by the
        President to be a major drug trafficking organization,
        including a description of the activities of such organization
        during the 2 fiscal years preceding the fiscal year of the
        report.''; and
            (2) by adding at the end the following new subsection:
    ``(c) Definitions.--In this section:
            ``(1) Major drug trafficking organization.--The term `major
        drug trafficking organization' means any organization engaged
        in substantial amounts of illicit activity to cultivate,
        produce, manufacture, distribute, sell, finance, or transport
        narcotic drugs, controlled substances, or listed chemicals,
        engages in money laundering or proceeds from such activities,
        or otherwise endeavor or attempt to do so, or to assist, abet,
        conspire, or collude with others to do so.
            ``(2) Narcotic drug; controlled substance; listed
        chemical.--The terms `narcotic drug', `controlled substance',
        and `listed chemical' have the meanings given those terms in
        section 102 of the Controlled Substances Act (21 U.S.C.
        802).''.


SECTION 1. TIMELY PAYMENT OF SOCIAL SECURITY BENEFITS IF STATUTORY DEBT
              LIMIT IS REACHED.

    (a) In General.--Section 1145 of the Social Security Act (42 U.S.C.
1320b-15) is amended--
            (1) by redesignating subsections (b) and (c) as subsections
        (c) and (d), respectively; and
            (2) by inserting after subsection (a) the following new
        subsection:
    ``(b) Timely Payment of Benefits if Statutory Debt Limit Is
Reached.--
            ``(1) Disinvestment of fund to make current benefit
        payments.--For the purpose of making payment of cash benefits
        or administrative expenses during any debt limit default
        period, public debt obligations held by the applicable Federal
        fund shall be sold or redeemed in an amount not to exceed the
        sum of--
                    ``(A) the face amount of obligations held by such
                fund which mature during such month; plus
                    ``(B) the amount necessary only for the purpose of
                making payment of such benefits or administrative
                expenses and only to the extent cash assets of the
                applicable Federal fund are not available during such
                period for making payment of such benefits or
                administrative expenses.
            ``(2) Issuance of corresponding debt.--For purposes of
        undertaking the sale or redemption of public debt obligations
        held by the applicable Federal fund pursuant to paragraph (1),
        the Secretary of the Treasury shall issue corresponding public
        debt obligations to the public in order to obtain the amounts
        necessary for payment of benefits or administrative expenses
        from the applicable Federal fund, notwithstanding the public
        debt limit.
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) Debt limit default period.--The term `debt
                limit default period' means a period for which cash
                benefits or administrative expenses would not otherwise
                be payable from the applicable Federal fund by reason
                of an inability to issue further public debt
                obligations because of the public debt limit.
                    ``(B) Applicable federal fund.--The term
                `applicable Federal fund' means a Federal fund
                specified in paragraph (1) or (2) of subsection (d).''.
    (b) Conforming Amendments.--
            (1) Section 1145 of the Social Security Act, as amended by
        subsection (a), is amended--
                    (A) by redesignating subsection (d) as subsection
                (e), and
                    (B) by inserting after subsection (c) the following
                new subsection:
    ``(d) Public Debt Limit.--For purposes of this section, the term
`public debt limit' means the limitation established under section 3101
of title 31, United States Code, as increased under section 3101A of
such title.''.
            (2) Section 1145(c) of the Social Security Act, as amended
        by subsection (a), is amended by striking ``established under
        section 3101 of title 31, United States Code''.

SEC. 2. PRIORITIZATION OF PAYMENTS IN EVENT THAT STATUTORY DEBT LIMIT
              IS REACHED.

    Section 3101 of title 31, United States Code, is amended by adding
at the end the following new subsection:
    ``(d) In the event that the Secretary of the Treasury is not able
to issue obligations to make all payments authorized by law due to the
limitation under subsection (b) (as increased under section 3101A), the
Secretary shall give equal priority to the following: payments of
principal and interest on public debt; payments of amounts that the
Secretary of Defense (and the Secretary of Homeland Security in the
case of the Coast Guard) determines to be necessary to continue pay and
allowances (without interruption) to the Army, Navy, Air Force, Marine
Corps, and Coast Guard, including reserve components thereof, who
perform active service; payments determined by the President (and
reported to the Congress) to be necessary to continue United States
priorities of its vital national security interests; and payments for
items and services under title XVIII of the Social Security Act
(relating to Medicare).''.

SEC. 3. CONTINUANCE OF MILITARY PAY AND ALLOWANCES DURING PERIODS OF
              LAPSED APPROPRIATIONS.

    (a) Continuance of Pay.--Chapter 19 of title 37, United States
Code, is amended by adding at the end the following new section:

``SEC. 1015. CONTINUANCE OF PAY AND ALLOWANCES DURING PERIODS OF LAPSED
              APPROPRIATIONS.

    ``(a) Definitions.--In this section:
            ``(1) The term `military personnel accounts' means the
        military personnel, reserve personnel, and National Guard
        personnel accounts of the Department of Defense, generally
        title I of an annual Department of Defense appropriations Act,
        and the corresponding accounts for the Department of Homeland
        Security used to provide pay and allowances for members of the
        Coast Guard.
            ``(2) The term `pay and allowances' means basic pay,
        bonuses and special pay, allowances and any other forms of
        compensation available for members of the armed forces under
        this title or otherwise paid from the military personnel
        accounts.
            ``(3) The term `period of lapsed appropriations', when used
        with respect to members of the armed forces, means any period
        during which appropriations are not available due to the
        absence of the timely enactment of any Act or joint resolution
        (including any Act or joint resolution making continuing
        appropriations) appropriating funds for the payment of the pay
        and allowances of members of the armed forces.
    ``(b) Appropriation of Funds To Continue Payment of Pay and
Allowances.--For any period of lapsed appropriations, there are
appropriated, out of any moneys in the Treasury not otherwise
appropriated, to the Secretary of Defense (and the Secretary of
Homeland Security in the case of the Coast Guard) to allow the
Secretary of Defense (and the Secretary of Homeland Security in the
case of the Coast Guard) to continue to provide pay and allowances
(without interruption) to members of the United States armed forces.
    ``(c) Limitation on Amounts Paid.--This section only authorizes the
expenditure of funds during a period of lapsed appropriations for the
pay and allowances of a member of the armed forces at a rate that is
equal to the rate in effect for that member immediately before the
start of the period of lapsed appropriations. The rate for a member may
neither exceed the rate in effect immediately before the start of the
period of lapsed appropriations nor be less than that rate, unless
reduced by disciplinary action under the Uniform Code of Military
Justice.
    ``(d) Relation to Other Pay Authorities.--This section shall not be
construed to affect the entitlement of a member of the armed forces to
an amount of pay and allowances that exceeds the amount of pay and
allowances authorized to be paid under this section and to which the
member becomes entitled under other applicable provisions of law.
    ``(e) Effect of End of Period of Lapsed Appropriations.--
Expenditures made for any fiscal year pursuant to this section shall be
charged to the applicable appropriation, fund, or authorization
whenever the regular appropriation bill (or other bill or joint
resolution making continuing appropriations through the end of the
fiscal year) becomes law.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:

``1015. Continuance of pay and allowances during periods of lapsed
                            appropriations.''.


SECTION 1. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL SECURITY
CARD PROGRAM IMPROVEMENTS AND ASSESSMENT.
    (a) Credential Improvements.--
        (1) In general.--Not later than 60 days after the date of
    enactment of this Act, the Administrator of the Transportation
    Security Administration shall commence actions, consistent with
    section 70105 of title 46, United States Code, to improve the
    Transportation Security Administration's process for vetting
    individuals with access to secure areas of vessels and maritime
    facilities.
        (2) Required actions.--The actions described under paragraph
    (1) shall include--
            (A) conducting a comprehensive risk analysis of security
        threat assessment procedures, including--
                (i) identifying those procedures that need additional
            internal controls; and
                (ii) identifying best practices for quality assurance
            at every stage of the security threat assessment;
            (B) implementing the additional internal controls and best
        practices identified under subparagraph (A);
            (C) improving fraud detection techniques, such as--
                (i) by establishing benchmarks and a process for
            electronic document validation;
                (ii) by requiring annual training for Trusted Agents;
            and
                (iii) by reviewing any security threat assessment-
            related information provided by Trusted Agents and
            incorporating any new threat information into updated
            guidance under subparagraph (D);
            (D) updating the guidance provided to Trusted Agents
        regarding the vetting process and related regulations;
            (E) finalizing a manual for Trusted Agents and adjudicators
        on the vetting process; and
            (F) establishing quality controls to ensure consistent
        procedures to review adjudication decisions and terrorism
        vetting decisions.
        (3) Report.--Not later than 2 years after the date of enactment
    of this Act, the Inspector General of the Department of Homeland
    Security shall submit a report to Congress that evaluates the
    implementation of the actions described in paragraph (1).
    (b) Comprehensive Security Assessment of the Transportation
Security Card Program.--
        (1) In general.--Not later than 60 days after the date of
    enactment of this Act, the Secretary of Homeland Security shall
    commission an assessment of the effectiveness of the transportation
    security card program (referred to in this section as ``Program'')
    required under section 70105 of title 46, United States Code, at
    enhancing security and reducing security risks for facilities and
    vessels regulated under chapter 701 of that title.
        (2) Location.--The assessment commissioned under paragraph (1)
    shall be conducted by a research organization with significant
    experience in port or maritime security, such as--
            (A) a national laboratory;
            (B) a university-based center within the Science and
        Technology Directorate's centers of excellence network; or
            (C) a qualified federally-funded research and development
        center.
        (3) Contents.--The assessment commissioned under paragraph (1)
    shall--
            (A) review the credentialing process by determining--
                (i) the appropriateness of vetting standards;
                (ii) whether the fee structure adequately reflects the
            current costs of vetting;
                (iii) whether there is unnecessary redundancy or
            duplication with other Federal- or State-issued
            transportation security credentials; and
                (iv) the appropriateness of having varied Federal and
            State threat assessments and access controls;
            (B) review the process for renewing applications for
        Transportation Worker Identification Credentials, including the
        number of days it takes to review application, appeal, and
        waiver requests for additional information; and
            (C) review the security value of the Program by--
                (i) evaluating the extent to which the Program, as
            implemented, addresses known or likely security risks in
            the maritime and port environments;
                (ii) evaluating the potential for a non-biometric
            credential alternative;
                (iii) identifying the technology, business process, and
            operational impacts of the use of the transportation
            security card and transportation security card readers in
            the maritime and port environments;
                (iv) assessing the costs and benefits of the Program,
            as implemented; and
                (v) evaluating the extent to which the Secretary of
            Homeland Security has addressed the deficiencies in the
            Program identified by the Government Accountability Office
            and the Inspector General of the Department of Homeland
            Security before the date of enactment of this Act.
        (4) Deadlines.--The assessment commissioned under paragraph (1)
    shall be completed not later than 1 year after the date on which
    the assessment is commissioned.
        (5) Submission to congress.--Not later than 60 days after the
    date that the assessment is completed, the Secretary of Homeland
    Security shall submit to the Committee on Commerce, Science, and
    Transportation and the Committee on Homeland Security and
    Governmental Affairs of the Senate and the Committee on Homeland
    Security and the Committee on Transportation and Infrastructure of
    the House of Representatives the results of the assessment
    commissioned under this subsection.
    (c) Corrective Action Plan; Program Reforms.--If the assessment
commissioned under subsection (b) identifies a deficiency in the
effectiveness of the Program, the Secretary of Homeland Security, not
later than 60 days after the date on which the assessment is completed,
shall submit a corrective action plan to the Committee on Commerce,
Science, and Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland Security
and the Committee on Transportation and Infrastructure of the House of
Representatives that--
        (1) responds to findings of the assessment;
        (2) includes an implementation plan with benchmarks;
        (3) may include programmatic reforms, revisions to regulations,
    or proposals for legislation; and
        (4) shall be considered in any rulemaking by the Department of
    Homeland Security relating to the Program.
    (d) Inspector General Review.--If a corrective action plan is
submitted under subsection (c), the Inspector General of the Department
of Homeland Security shall--
        (1) not later than 120 days after the date of such submission,
    review the extent to which such plan implements the requirements
    under subsection (c); and
        (2) not later than 18 months after the date of such submission,
    and annually thereafter for 3 years, submit a report to the
    congressional committees set forth in subsection (c) that describes
    the progress of the implementation of such plan.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.


TITLE I--WITHDRAWAL OF ACKNOWLEDGEMENT OR RECOGNITION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Federally Recognized Indian Tribe
List Act of 1994''.

SEC. 102. DEFINITIONS.

    For the purposes of this title:
        (1) The term ``Secretary'' means the Secretary of the Interior.
        (2) The term ``Indian tribe'' means any Indian or Alaska Native
    tribe, band, nation, pueblo, village or community that the
    Secretary of the Interior acknowledges to exist as an Indian tribe.
        (3) The term ``list'' means the list of recognized tribes
    published by the Secretary pursuant to section 104 of this title.

SEC. 103. FINDINGS.

    The Congress finds that--
        (1) the Constitution, as interpreted by Federal case law,
    invests Congress with plenary authority over Indian Affairs;
        (2) ancillary to that authority, the United States has a trust
    responsibility to recognized Indian tribes, maintains a government-
    to-government relationship with those tribes, and recognizes the
    sovereignty of those tribes;
        (3) Indian tribes presently may be recognized by Act of
    Congress; by the administrative procedures set forth in part 83 of
    the Code of Federal Regulations denominated ``Procedures for
    Establishing that an American Indian Group Exists as an Indian
    Tribe;'' or by a decision of a United States court;
        (4) a tribe which has been recognized in one of these manners
    may not be terminated except by an Act of Congress;
        (5) Congress has expressly repudiated the policy of terminating
    recognized Indian tribes, and has actively sought to restore
    recognition to tribes that previously have been terminated;
        (6) the Secretary of the Interior is charged with the
    responsibility of keeping a list of all federally recognized
    tribes;
        (7) the list published by the Secretary should be accurate,
    regularly updated, and regularly published, since it is used by the
    various departments and agencies of the United States to determine
    the eligibility of certain groups to receive services from the
    United States; and
        (8) the list of federally recognized tribes which the Secretary
    publishes should reflect all of the federally recognized Indian
    tribes in the United States which are eligible for the special
    programs and services provided by the United States to Indians
    because of their status as Indians.

SEC. 104. PUBLICATION OF LIST OF RECOGNIZED TRIBES.

    (a) Publication of the List.--The Secretary shall publish in the
Federal Register a list of all Indian tribes which the Secretary
recognizes to be eligible for the special programs and services
provided by the United States to Indians because of their status as
Indians.
    (b) Frequency of Publication.--The list shall be published within
60 days of enactment of this Act, and annually on or before every
January 30 thereafter.

   TITLE II--CENTRAL COUNCIL OF TLIN- GIT AND HAIDA INDIAN TRIBES OF
                                 ALASKA

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Tlingit and Haida Status
Clarification Act''.

SEC. 202. FINDINGS.

    The Congress finds and declares that--
        (1) the United States has acknowledged the Central Council of
    Tlingit and Haida Indian Tribes of Alaska pursuant to the Act of
    June 19, 1935 (49 Stat. 388, as amended, commonly referred to as
    the ``Jurisdiction Act''), as a federally recognized Indian tribe;
        (2) on October 21, 1993, the Secretary of the Interior
    published a list of federally recognized Indian tribes pursuant to
    part 83 of title 25 of the Code of Federal Regulations which
    omitted the Central Council of Tlingit and Haida Indian Tribes of
    Alaska;
        (3) the Secretary does not have the authority to terminate the
    federally recognized status of an Indian tribe as determined by
    Congress;
        (4) the Secretary may not administratively diminish the
    privileges and immunities of federally recognized Indian tribes
    without the consent of Congress; and
        (5) the Central Council of Tlingit and Haida Indian Tribes of
    Alaska continues to be a federally recognized Indian tribe.

SEC. 203. REAFFIRMATION OF TRIBAL STATUS.

    The Congress reaffirms and acknowledges that the Central Council of
Tlingit and Haida Indian Tribes of Alaska is a federally recognized
Indian tribe.

SEC. 204. DISCLAIMER.

    (a) In General.--Nothing in this title shall be interpreted to
diminish or interfere with the government-to-government relationship
between the United States and other federally recognized Alaska Native
tribes, nor to vest any power, authority, or jurisdiction in the
Central Council of Tlingit and Haida Indian Tribes of Alaska over other
federally recognized Alaska Native tribes.
    (b) Constitution of Central Council of the Tlingit and Haida Indian
Tribes of Alaska.--Nothing in this title shall be construed as
codifying the Constitution of the Central Council of the Tlingit and
Haida Indian Tribes of Alaska into Federal law.

SEC. 205. PROHIBITION AGAINST DUPLICATIVE SERVICES.

    Other federally recognized tribes in Southeast Alaska shall have
precedence over the Central Council of Tlingit and Haida Indian Tribes
of Alaska in the award of a Federal compact, contract or grant to the
extent that their service population overlaps with that of the Central
Council of Tlingit and Haida Indian tribes of Alaska. In no event shall
dually enrolled members result in duplication of Federal service
funding.

       TITLE III--PASKENTA BAND OF NOMLAKI INDIANS OF CALIFORNIA

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Paskenta Band Restoration Act''.

SEC. 302. DEFINITIONS.

    For purposes of this title:
        (1) The term ``Tribe'' means the Paskenta Band of Nomlaki
    Indians of the Paskenta Rancheria of California.
        (2) The term ``Secretary'' means the Secretary of the Interior.
        (3) The term ``Interim Council'' means the governing body of
    the Tribe specified in section 307.
        (4) The term ``member'' means an individual who meets the
    membership criteria under section 306(b).
        (5) The term ``State'' means the State of California.
        (6) The term ``reservation'' means those lands acquired and
    held in trust by the Secretary for the benefit of the Tribe
    pursuant to section 305.
        (7) The term ``service area'' means the counties of Tehama and
    Glenn, in the State of California.
    SEC. 303. RESTORATION OF FEDERAL RECOGNITION, RIGHTS, AND
      PRIVILEGES.
    (a) Federal Recognition.--Federal recognition is hereby extended to
the Tribe. Except as otherwise provided in this title, all laws and
regulations of general application to Indians and nations, tribes, or
bands of Indians that are not inconsistent with any specific provision
of this title shall be applicable to the Tribe and its members.
    (b) Restoration of Rights and Privileges.--Except as provided in
subsection (d), all rights and privileges of the Tribe and its members
under any Federal treaty, Executive order, agreement, or statute, or
under any other authority which were diminished or lost under the Act
of August 18, 1958 (Public Law 85-671; 72 Stat. 619), are hereby
restored and the provisions of such Act shall be inapplicable to the
Tribe and its members after the date of enactment of this Act.
    (c) Federal Services and Benefits.--Without regard to the existence
of a reservation, the Tribe and its members shall be eligible, on and
after the date of enactment of this Act, for all Federal services and
benefits furnished to federally recognized Indian tribes or their
members. In the case of Federal services available to members of
federally recognized Indian tribes residing on a reservation, members
of the Tribe residing in the Tribe's service area shall be deemed to be
residing on a reservation.
    (d) Hunting, Fishing, Trapping, and Water Rights.--Nothing in this
title shall expand, reduce, or affect in any manner any hunting,
fishing, trapping, gathering, or water right of the Tribe and its
members.
    (e) Indian Reorganization Act Applicability.--The Act of June 18,
1934 (25 U.S.C. 461 et seq.), shall be applicable to the Tribe and its
members.
    (f) Certain Rights Not Altered.--Except as specifically provided in
this title, nothing in this title shall alter any property right or
obligation, any contractual right or obligation, or any obligation for
taxes levied.

SEC. 304. ECONOMIC DEVELOPMENT.

    (a) Plan for Economic Development.--The Secretary shall--
        (1) enter into negotiations with the governing body of the
    Tribe with respect to establishing a plan for economic development
    for the Tribe;
        (2) in accordance with this section and not later than two
    years after the adoption of a tribal constitution as provided in
    section 308, develop such a plan; and
        (3) upon the approval of such plan by the governing body of the
    Tribe, submit such plan to the Congress.
    (b) Restrictions.--Any proposed transfer of real property contained
in the plan developed by the Secretary under subsection (a) shall be
consistent with the requirements of section 305.

SEC. 305. TRANSFER OF LAND TO BE HELD IN TRUST.

    (a) Lands To Be Taken in Trust.--The Secretary shall accept any
real property located in Tehama County, California, for the benefit of
the Tribe if conveyed or otherwise transferred to the Secretary if, at
the time of such conveyance or transfer, there are no adverse legal
claims to such property, including outstanding liens, mortgages, or
taxes owned. The Secretary may accept any additional acreage in the
Tribe's service area pursuant to the authority of the Secretary under
the Act of June 18, 1934 (25 U.S.C. 461 et seq.).
    (b) Lands To Be Part of the Reservation.--Subject to the conditions
imposed by this section, any real property conveyed or transferred
under this section shall be taken in the name of the United States in
trust for the Tribe and shall be part of the Tribe's reservation.

SEC. 306. MEMBERSHIP ROLLS.

    (a) Compilation of Tribal Membership Roll.--Within one year after
the date of the enactment of this Act, the Secretary shall, after
consultation with the Tribe, compile a membership roll of the Tribe.
    (b) Criteria for Membership.--(1) Until a tribal constitution is
adopted pursuant to section 308, an individual shall be placed on the
membership roll if such individual is living, is not an enrolled member
of another federally recognized Indian tribe, is of Nomlaki Indian
ancestry, and if--
        (A) such individual's name was listed on the Paskenta Indian
    Rancheria distribution roll compiled on February 26, 1959, by the
    Bureau of Indian Affairs and approved by the Secretary of the
    Interior on July 7, 1959, pursuant to Public Law 85-671;
        (B) such individual was not listed on the Paskenta Indian
    Rancheria distribution list, but met the requirements that had to
    be met to be listed on the Paskenta Indian Rancheria list;
        (C) such individual is identified as an Indian from Paskenta in
    any of the official or unofficial rolls of Indians prepared by the
    Bureau of Indian Affairs; or
        (D) such individual is a lineal descendant of an individual,
    living or dead, identified in subparagraph (A), (B), or (C).
    (2) After adoption of a tribal constitution pursuant to section
308, such tribal constitution shall govern membership in the Tribe.
    (c) Conclusive Proof of Paskenta Indian Ancestry.--For the purpose
of subsection (b), the Secretary shall accept any available evidence
establishing Paskenta Indian ancestry. The Secretary shall accept as
conclusive evidence of Paskenta Indian ancestry, information contained
in the census of the Indians in and near Paskenta, prepared by Special
Indian Agent John J. Terrell, in any other roll or census of Paskenta
Indians prepared by the Bureau of Indian Affairs, and in the Paskenta
Indian Rancheria distribution list, compiled by the Bureau of Indian
Affairs on February 26, 1959.

SEC. 307. INTERIM GOVERNMENT.

    Until a new tribal constitution and bylaws are adopted and become
effective under section 308, the Tribe's governing body shall be an
Interim Council. The initial membership of the Interim Council shall
consist of the members of the Tribal Council of the Tribe on the date
of the enactment of this Act, and the Interim Council shall continue to
operate in the manner prescribed for the Tribal Council under the
tribal constitution adopted December 18, 1993. Any new members filling
vacancies on the Interim Council shall meet the membership criteria set
forth in section 306(b) and be elected in the same manner as are Tribal
Council members under the tribal constitution adopted December 18,
1993.

SEC. 308. TRIBAL CONSTITUTION.

    (a) Election; Time and Procedure.--Upon the completion of the
tribal membership roll under section 306(a) and upon the written
request of the Interim Council, the Secretary shall conduct, by secret
ballot, an election for the purpose of adopting a constitution and
bylaws for the Tribe. The election shall be held according to section
16 of the Act of June 18, 1934 (25 U.S.C. 476), except that absentee
balloting shall be permitted regardless of voter residence.
    (b) Election of Tribal Officials; Procedures.--Not later than 120
days after the Tribe adopts a constitution and bylaws under subsection
(a), the Secretary shall conduct an election by secret ballot for the
purpose of electing tribal officials as provided in such tribal
constitution. Such election shall be conducted according to the
procedures specified in subsection (a) except to the extent that such
procedures conflict with the tribal constitution.

SEC. 309. GENERAL PROVISION.

    The Secretary may promulgate such regulations as may be necessary
to carry out the provisions of this title.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.


To amend the Federal Food, Drug, and Cosmetic Act to ensure that human
tissue intended for transplantation is safe and effective and for other
                               purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled

SECTION 1. SHORT TITLE.

    (a) Short Title.--This Act may be cited as the ``Human Tissue for
Transplantation Act of 1993''.
    (b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Federal Food, Drug, and Cosmetic Act.

SEC. 2. FINDINGS.

    The Congress finds that reasonable assurance of the safety and
effectiveness of human tissue for transplantation through regulatory
oversight is necessary to protect the public health against the
transmission of infectious disease or the conduct of medical therapy
with human tissue unfit for use.

SEC. 3. DEFINITIONS.

    Section 201 (21 U.S.C. 321) is amended--
            (1) in the first sentence of paragraph (g)(1), by striking
        ``, and (D), and inserting ``, (D)'' and by inserting before
        the period ``, and (E) human tissue in combination with a drug
        as described in clause (A), (B), (C), or (D)'',
            (2) in paragraph (h), by inserting after ``implant,'' the
        following: ``human tissue (other than banked human tissue),'',
        and
            (3) by adding at the end the following:
    ``(gg)(1) The term `tissue' means an aggregate of cells or their
intercellular substance that form a structural material.
    ``(2)(A) The term `banked human tissue' means any tissue--
            ``(i) derived from a human body that is intended for
        administration to a human for the diagnosis, cure, mitigation,
        treatment or prevention of any condition or disease,
            ``(ii) procured, processed, stored, or distributed by
        methods to prevent the transmission of infectious disease and
        to preserve clinical usefulness, and
            ``(iii) not intended to change tissue structure or
        functional characteristics.
    ``(B) Such term does not include--
            ``(i) whole organs, including hearts, kidneys, livers,
        lungs, pancreases, or any other organ containing vasculature
        that carries blood after transplantation,
            ``(ii) blood, blood products, bone marrow, reproductive
        tissue, or human milk, or
            ``(iii) autograft human tissue that is not stored or
        processed during a single surgical procedure.''.
    ``(3) The term `human tissue bank' means a person that procures,
processes, stores, or distributes banked human tissue.''.

SEC. 4. REGULATION OF HUMAN TISSUE BANKS

    Chapter V is amended by adding at the end the following:

                   ``Subchapter D-Human Tissue Banks

                   ``regulation of human tissue banks

    ``Sec. 545. (a) Prevention of Disease Transmission.--To prevent the
transmission of infectious disease by the use of banked human tissue,
the Secretary may by regulation require--
            ``(1) the screening of donors of tissue,
            ``(2) the testing of donors of tissue and tissue donated,
        and
            ``(3) recordkeeping by human tissue banks, including
        records that provide a method to track tissue from a donor to a
        recipient and from a recipient to a donor, taking into account
        the privacy interest of donors, donor families, and recipients.
    ``(b) Good Tissue Banking Practice.--The Secretary shall by
regulation establish good tissue banking practices by human tissue
banks which may require--
            ``(1) ascertainment of donor suitability,
            ``(2) recovery of cadaveric or living donor tissue,
            ``(3) tissue screening and acceptance,
            ``(4) validation of the manufacturing, equipment, and
        facilities used for banked human tissue,
            ``(5) finished tissue inspection and control,
            ``(6) inspection for quality control,
            ``(7) investigation of failures involving banked human
        tissue and files of complaints about such failures,
            ``(8) recordkeeping,
            ``(9) assurance of the quality of banked human tissue,
            ``(10) personnel requirements, including a requirement for
        a medical director who is a physician licensed to practice
        medicine in the State in which the bank is located, and
            ``(11) special practices for specific tissues.
    ``(c) Labeling, Advertising, and Promotion.--The Secretary may by
regulation prescribe requirements for the labeling, advertising, and
promotion of banked human tissue by human tissue banks. Such
requirements shall include--
            ``(1) requirements for adequate direction for use, and
            ``(2) information about results from the use of banked
        human tissue according to directions or under customary and
        usual conditions.
    ``(d) Operating Permits.--
            ``(1) In general.--The Secretary shall by regulation
        require human tissue banks to acquire a permit for operation.
        Such a permit may be acquired by a human tissue bank if--
                    ``(A) the human tissue bank has on file with the
                Secretary an application for such permit which
                demonstrates, through supporting documentation, that
                the bank is in compliance with the requirements of
                subsections (a), (b), and (c),
                    ``(B) the human tissue bank has on file with the
                Secretary an application for an exemption from the
                requirements of subsection (a), (b), or (c) and the
                Secretary has approved such application based upon--
                            ``(i) data from well controlled scientific
                        studies designed to provide reasonable
                        assurance that an exemption from such
                        requirements is safe and does not reduce
                        clinical utility, or
                            ``(ii) a determination by the Secretary,
                        after consultation with a Tissue Advisory
                        Committee, that such an exemption does not
                        affect the safety and effectiveness of the
                        operations of such bank, or
                    ``(C) the human tissue bank has on file with the
                Secretary an application for an exemption from the
                requirements of subsection (a), (b), or (c) to
                investigate new or existing standards, methods, or uses
                relating to tissue, such application is submitted with
                a proposed scientific protocol for such investigation,
                and the Secretary has determined that such
                investigation does not affect the safety and
                effectiveness of the operations of such bank and that
                patients of the bank will be protected by a requirement
                of adequate informed consent.
            ``(2) Permits.--The Secretary shall issue an operating
        permit to a human tissue bank if the Secretary determines the
        bank meets the requirements of paragraph (1). Such a permit
        shall identify the tissues banked by the bank and the methods
        of procurement, processing, storage, and distribution of such
        tissue which the Secretary had determined to be safe and
        effective. A permit shall be valid for such period as specified
        by the Secretary but not for more than 3 years.
            ``(3) Amendment.--The Secretary shall allow a human tissue
        bank which has a permit issued under paragraph (2) to amend the
        permit if under the amendment the human tissue bank is still in
        compliance with paragraph (1).
            ``(4) Revocation.--The Secretary shall revoke, in whole or
        in part, a permit of a human tissue bank issued under paragraph
        (2) if the Secretary determines that the bank is operating in a
        manner which is inconsistent with its permit and which places
        the bank out of compliance with paragraph (1).
    ``(e) Registration.--Each human tissue bank, except human tissue
banks that operate solely for research or teaching, shall under
regulations of the Secretary be required to register in accordance with
the requirements of section 510 as made applicable under such
regulations.
    ``(f) Regulations.--The Secretary shall promulgate the regulations
required by subsection (a), (b), (c), (d), and (e) within 5 years of
the date of the enactment of the Human Tissue for Transplantation Act
of 1993 and shall be based on adequate scientific evidence.

                      ``tissue advisory committees

    ``Sec. 546. (a) In General.--The Secretary shall establish a
national advisory committee to be known as the Tissue Advisory
Committee (hereinafter in this section referred to as the `advisory
committee'). The advisory committee shall be established within one
year of the date of the enactment of the Human Tissue for
Transplantation Act of 1993.
    ``(b) Composition.--The advisory committee shall be comprised of
not fewer than 13 or more than 19 individuals who are not officers or
employees of the Federal Government. The Secretary shall make
appointments to the advisory committee from among physicians, other
health care practitioners, and representatives of human tissue bank
consumers and industry groups whose clinical practice, research
specialization, or expertise include a significant focus on tissue
transplantation by human tissue banks.
    ``(c) Functions.--The advisory committee shall--
            ``(1) advise the Secretary on appropriate quality standards
        and regulations for human tissue banks under section 545,
            ``(2) report on new developments concerning tissue
        transplantation,
            ``(3) advise the Secretary on appropriate standards for the
        prevention of infectious disease transmission by banked human
        tissues,
            ``(4) advise the Secretary on appropriate quality standards
        for good tissue banking practices under section 545(b),
            ``(5) advise the Secretary in the development of
        regulations to ensure that adequate directions for use of
        banked human tissues are provided by human tissue banks,
            ``(6) make recommendations in the establishment of
        mechanisms to investigate consumer complaints, and
            ``(7) perform such other activities as the Secretary may
        require.
    ``(d) Meetings.--The advisory committee shall meet not less often
than quarterly during the first 3 years of its operation.
    ``(e) Chairperson.--The Secretary shall appoint the chairperson of
the advisory committee from among members of the advisory committee.''.

SEC. 5. ENFORCEMENT.

    (a) Adulteration.--Section 501 (21 U.S.C. 351) is amended--
            (1) by inserting ``, banked human tissue,'' after ``drug''
        before paragraph (a),
            (2) in paragraphs (a)(2)(B) and (d), by inserting ``or
        banked human tissue'' after ``drug'' each place it occurs,
            (3) by adding at the end the following:
    ``(j)(1) If it is banked human tissue and the materials,
facilities, or controls used for its procurement, processing,
distribution, or storage are not in conformity with the requirements of
section 545(b).
    ``(2) If it is banked human tissue for which an exemption for
investigation use of human tissue has been granted under section
545(d)(1)(D) and the person granted such exemption or any investigator
fails to comply with the requirements of such section.'', and
            (4) in the title to the section, by inserting ``or banked
        human tissue'' after ``drugs.
    (b) Misbranding.--Section 502 (21 U.S.C. 352) is amended--
            (1) by inserting ``, banked human tissue,'' after ``drug''
        before paragraph (a),
            (2) in paragraph (f), the first sentence of paragraph (h),
        and (i), by inserting ``or banked human tissue'' after ``drug''
        each place it occurs
            (3) in paragraph (o), by inserting ``or if an application
        or other information respecting it was not provided as required
        by section 545(d),'' after ``510(e)'',
            (4) by adding at the end the following:
    ``(u)(1) If it is banked human tissue subject to regulation under
section 545(c) unless it bears such labeling as may be required.
    ``(2) If it is a banked human tissue distributed or offered for
sale in any State and its promotion or advertising is false or
misleading in any particular.'', and
            (5) in the title to the section, by inserting ``or banked
        human tissue'' after ``drugs.
    (c) Prohibited Acts.--Section 301 (21 U.S.C. 331) is amended--
            (1) in paragraphs (a), (b), (c), (g), (h), (k), and (l), by
        inserting ``, banked human tissue'' after ``drug'' each place
        it occurs,
            (2) in paragraph (d), by striking ``404 or 505'' and
        inserting ``404, 505, or 545'',
            (3) in paragraph (j), by inserting ``, 545'' after ``520'',
            (4) in paragraph (p), by striking ``510,'' and inserting
        ``510 or 545(e),'', and
            (5) in paragraphs (q)(2) and (r), by inserting ``or banked
        human tissue'' after ``device''.
    (d) Penalties.--Section 303(f) (21 U.S.C. 333(f)) is amended by
inserting ``or banked human tissues'' after ``devices''.
    (e) Seizures.--Section 304 (21 U.S.C. 334) is amended--
            (1) in subsections (a)(1) and (d)(1), by inserting ``,
        banked human tissue'' after ``drug'',
            (2) in subsection (a)(1), by striking ``, and (D)'' and
        inserting ``(D) Any adulterated or misbranded banked human
        tissue, and (E)'', and
            (3) in subsection (g)(1), by striking ``or a vehicle, a
        device'' and inserting ``, a vehicle, a device, or banked human
        tissue'' and by inserting after each other occurrence of
        ``device'' the following: ``or banked human tissue''.
    (f) Investigations.--Section 702 (21 U.S.C. 372) is amended--
            (1) in subsection (b), by inserting ``, banked human
        tissue'' after ``drug'', and
            (2) in subsection (d), by inserting ``or banked human
        tissues'' after ``drugs''.
    (g) Records of Interstate Shipment.--Section 703 (21 U.S.C. 373) is
amended--
            (1) by inserting ``or banked human tissues'' after
        ``drugs'' each place it occurs, and
            (2) by inserting ``or banked human tissue'' after ``drug''
        each place it occurs.
    (h) Inspections.--Section 704 (21 U.S.C. 374) is amended--
            (1) in subsection (a)(1)(A), by inserting ``, banked human
        tissues'' after ``drugs'' each place it occurs,
            (2) in subsection (a)(1)(B), by inserting ``, banked human
        tissues'' after ``prescription drugs'' each place it occurs,
        and
            (3) in subsection (b), by inserting ``, banked human
        tissue'' after ``drug''.
    (i) Publicity.--Section 705(b) (21 U.S.C. 375(b)) is amended by
inserting ``, banked human tissues'' after ``drugs''.
    (j) Interstate Commerce Presumption.--Section 709 (21 U.S.C. 379a)
is amended by inserting ``or banked human tissue'' after ``device''.
    (k) Imports and Exports.--Section 801 (21 U.S.C 381) is amended--
            (1) in the first sentence of subsection (a), by inserting
        ``, banked human tissues'' and ``drugs'',
            (2) in subsection (a)(3), by inserting ``or 545'' after
        ``505'', and
            (3) in subsections (b) and (e)(1), by inserting ``, banked
        human tissue'' after ``drug''.

SEC. 6. FUNDING.

    (a) Imposition.--Each human tissue bank--
            (1) which has a permit issued under section 545(d) shall
        pay a fee for such permit, and
            (2) which is registered under section 545(e) shall pay a
        fee for such registration.
The fees imposed under this subsection are imposed to cover the costs
of the Secretary in the implementation of sections 545 and 546.
    (b) Fee Amount.--The Secretary shall determine the amount of the
fees imposed by subsection (a) on the basis of the gross revenue of the
human tissue bank paying the fee which relates to the procurement,
processing, storage, and distribution of human tissue.
    (c) Crediting and Availability of Fees.--
            (1) In general.--Fees collected for a fiscal year pursuant
        to subsection (a) shall be credited to the appropriation
        account for salaries and expenses of the Secretary and shall be
        available in accordance with appropriation Acts until expended
        without fiscal year limitation.
            (2) Collections.--The fees imposed under subsection (a)--
                    (A) shall be collected in each fiscal year in an
                amount equal to the amount specified in appropriation
                Acts for such fiscal year, and
                    (B) shall only be collected and available to defray
                the costs of implementing sections 545 and 546.
    (d) Effective Date.--The fee authorized by subsection (a)(1) shall
take effect 4 years after the date of the enactment of the Human Tissue
for Transplantation Act of 1993 and the fee authorized by subsection
(a)(2) shall take effect one year after the date of the enactment.

SEC. 7. HUMAN HEART VALVES.

    (a) Enforcement.--The Secretary of Health and Human Services may
not enforce the Secretary's regulation, promulgated on May 13, 1987,
and published at page 18162 of 52 Federal Register, insofar as such
regulation applies to human heart valves.
    (b) Premarket Approval Determination.--The determination of the
Secretary issued June 26, 1991 (56 FR 29177), acting through the Food
and Drug Administration, that human heart valves are replacement heart
valves subject to premarket approval under section 515 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360e) shall have no legal force
and effect.


entitled ``Joint Resolution to approve the
`Covenant To Establish a Commonwealth of the Northern Mariana Islands
in Political Union with the United States of America', and for other
purposes'' approved March 24, 1976 (48 U.S.C. 1801 et seq.), is
amended--
            (1) by adding at the end the following new section:

``SEC. 7. LABELING OF TEXTILE FIBER PRODUCTS.

    ``(a) In General.--No textile fiber product shall have a stamp,
tag, label, or other means of identification or substitute therefore on
or affixed to the product stating `Made in the USA' or otherwise
stating or implying that the product was made or assembled in the
United States unless--
            ``(1) each individual providing direct labor in production
        of such textile fiber product was paid a wage equal to or
        greater than the wage set by section 8; and
            ``(2) the product was manufactured in compliance with all
        Federal laws relating to labor rights and working conditions,
        including, but not limited to, the National Labor Relations
Act, the Occupational Safety and Health Act of 1970, and the Fair Labor
Standards Act of 1938.
    ``(b) A textile fiber product which does not comply with subsection
(a) shall be deemed to be misbranded for purposes of the Textile Fiber
Products Identification Act (15 U.S.C. 70 et seq.).
    ``(c) Definition.--For purposes of this section the term `direct
labor' includes any work provided to prepare, assemble, process,
package, or transport a textile fiber product, but does not include
supervisory, management, security, or administrative work.'';
            (2) by adding, after the new section added by paragraph
        (1), the following new section:

``SEC. 8. MINIMUM WAGE.

    ``The minimum wage provisions of the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.), shall apply to the Commonwealth of the
Northern Mariana Islands, except that--
    ``(1) through December 31, 1997, the minimum wage applicable to the
Commonwealth of the Northern Mariana Islands shall be $3.55 per hour;
    ``(2) on January 1, 1998, and on July 1 and January 1 of each year
thereafter, the minimum wage applicable to the Commonwealth of the
Northern Mariana Islands shall be $0.50 per hour more than the minimum
wage that was applicable to the Commonwealth of the Northern Mariana
Islands for the preceding six-month period until the minimum wage
applicable to the Commonwealth of the Northern Mariana Islands is equal
to the minimum wage rate set forth in section 6(a)(1) of the Fair Labor
Standards Act of 1938; and
    ``(3) after the minimum wage applicable to the Commonwealth of the
Northern Mariana Islands is equal to the minimum wage rate set forth in
section 6(a)(1) of the Fair Labor Standards Act of 1938, pursuant to
paragraph (2), the minimum wage applicable to the Commonwealth of the
Northern Mariana Islands shall increase as necessary to remain equal to
the minimum wage rate set forth in section 6(a)(1) of the Fair Labor
Standards Act of 1938.''; and
            (3) by adding, after the new sections added by paragraphs
        (1) and (2), the following new section:

``SEC. 9. APPLICABILITY OF IMMIGRATION LAWS.

    ``Section 506(a) of the foregoing Covenant shall be construed and
applied as if it included at the end the following subsection:
    ```(e)(1) For purposes of entry into the Northern Mariana Islands
by any individual (but not for purposes of entry by an individual into
the United States from the Northern Mariana Islands), the Immigration
and Nationality Act shall apply as if the Northern Mariana Islands were
a State (as defined in section 101(a)(36) of the Immigration and
Nationality Act). The Attorney General, acting through the Commissioner
of Immigration and Naturalization, shall enforce the preceding
sentence.
    ```(2) Notwithstanding paragraph (1), with respect to an individual
seeking entry into the Northern Mariana Islands for purposes of
employment in the textile, hotel, tourist, or construction industry
(including employment as a contractor), the Federal statutes and
regulations governing admission to Guam of individuals described in
section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act
shall apply. Such statutes and regulations shall be so applied by
substituting the term ``United States citizen, national, or resident
workers'' for the term ``United States resident workers'', and by
substituting the term ``the Northern Mariana Islands'' for the term
``Guam'' each place it appears.
    ```(3) When deploying personnel to enforce the provisions of this
section, the Attorney General shall coordinate with, and act in
conjunction with, State and local law enforcement agencies to ensure
that such deployment does not degrade or compromise the law enforcement
capabilities and functions currently performed by immigration
officers.'.''.

SEC. 4. REPORT.

    (a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of the Interior shall include the results of
the study required by subsection (b) in the annual report transmitted
to Congress which is entitled ``Federal-CNMI Initiative on Labor,
Immigration, and Law Enforcement''.
    (b) Study.--A study shall be conducted of the extent of human
rights violations and labor rights violations in the Commonwealth of
the Northern Mariana Islands, including the use of forced or indentured
labor, and any efforts being taken by the government of the United
States or the Commonwealth of the Northern Mariana Island to address or
prohibit such violations.
    (c) Consultation Regarding Study.--Appropriate local government
officials, law enforcement agencies, and non-governmental organizations
active in instituting and protecting human and labor rights may be
consulted when preparing and conducting the study required by
subsection (b).

SEC. 5. EFFECT ON OTHER LAW.

    The provisions of paragraph (1) of section 3 shall be in addition
to, but shall not otherwise modify, the requirements of the Textile
Fiber Products Identification Act (15 U.S.C. 70 et seq.).

SEC. 6. EFFECTIVE DATES.

    (a) Labeling of Textile Fiber Products; Immigration of Workers.--
The amendment made by paragraph (1) of section 3 and the provision of
the amendment made by paragraph (3) of section 3 which is designated as
``(e)(2)'' shall take effect on the date of the enactment of this Act.
    (b) Minimum Wage.--The amendment made by paragraph (2) of section 3
shall take effect 30 days after the date of the enactment of this Act.
    (c) Immigration.--Except as provided in subsection (a), the
amendment made by paragraph (3) of section 3 shall apply to individuals
entering the Northern Mariana Islands after the expiration of the 6-
month period beginning with the date of the enactment of this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.


SECTION 1. AIR FORCE ROLE IN MANAGEMENT OF CIVIL AIR PATROL AS CIVILIAN
              AUXILIARY OF THE AIR FORCE.

    (a) In General.--Chapter 909 of title 10, United States Code, is
amended--
            (1) by redesignating section 9442 as section 9443; and
            (2) by inserting after section 9441 the following new
        section:
``Sec. 9442. Air Force role in management
    ``(a) Administrative Responsibility.--In its capacity as a
federally chartered corporation under chapter 403 of title 36 and a
volunteer civilian auxiliary of the Air Force, the Civil Air Patrol
shall be administered by the Chief of Staff of the Air Force, under the
direction of the Secretary of the Air Force. For command, control, and
administrative purposes, the Civil Air Patrol shall have such
organizational elements as are approved by the Secretary of the Air
Force in regulations.
    ``(b) Board of Directors.--(1) The Secretary of the Air Force shall
appoint a National Board of Directors for the Civil Air Patrol. The
National Board of Directors shall be composed of the following:
            ``(A) General officers of the Air Force, including the Air
        Force Reserve and Air National Guard.
            ``(B) Senior civilian employees of the Department of the
        Air Force.
            ``(C) Members appointed from the volunteer Civil Air Patrol
        membership.
    ``(2) The chairman of the National Board of Directors shall be the
member of the Board who is the senior active duty Air Force officer.
The members of the Board appointed under paragraph (1)(C) may not
exceed a minority of the Board.
    ``(c) Executive Direction.--(1) The National Board of Directors
shall appoint for the Civil Air Patrol the following:
            ``(A) A National Commander, to be appointed from the
        civilian volunteer membership of the Civil Air Patrol.
            ``(B) An Executive Director.
            ``(C) A Safety Officer.
            ``(D) An Inspector General.
    ``(2) The Executive Director, Safety Officer, and Inspector General
appointed under paragraph (1) shall report directly to the Secretary of
the Air Force through the National Board of Directors.
    ``(3) The Chief of Staff of the Air Force may assign officers and
enlisted members of the Air Force on active duty and civilian employees
of the Department of the Air Force to serve on the staff of the
national headquarters of the Civil Air Patrol.
    ``(d) Effect of Appointment or Assignment.--(1) The appointment or
assignment of members of the armed forces or civilian employees under
subsection (b) or (c) is not precluded by any law or regulation
prohibiting active duty members of the armed forces or civilian
employees from participating in the management of non-Federal entities.
    ``(2) An officer or enlisted member of the Air Force appointed to
or assigned to duty in a Civil Air Patrol management position specified
in subsection (b) or (c) shall not receive any compensation, other than
the regular military compensation to which the officer or member is
otherwise entitled, as a result of the appointment or assignment.
    ``(e) Use of Civil Air Patrol Members and Employees.--(1) The
Executive Director and National Board of Directors may use such Civil
Air Patrol employees and volunteer Civil Air Patrol members as the
Executive Director and National Board of Directors considers necessary
to administer the Civil Air Patrol and to ensure that it is capable of
assisting the Department of the Air Force in the performance of its
noncombat mission.
    ``(2) Except as provided in section 9441(c) of this title, a member
of the Civil Air Patrol or an employee of the Civil Air Patrol is not a
Federal employee and is not subject to the provisions of law relating
to Federal employment, including those relating to hours of work, rates
of compensation, leave, unemployment compensation, Federal employee
benefits, ethics, conflicts of interest, and other similar criminal or
civil statutes and regulations governing the conduct of Federal
employees. However, nothing in this paragraph shall constrain the
Secretary of the Air Force from prescribing standards of conduct and
behavior for Civil Air Patrol members and employees.
    ``(f) Funds Management.--All funds provided to the Civil Air Patrol
under subsections (b) and (d) of section 9441 of this title, or any
other provision of law, are subject to the requirements of sections
6304 and 6305 of title 31 (commonly known as the Federal Grant and
Cooperative Agreement Act) and the Federal regulations governing the
provision of appropriated funds to private, nonprofit organizations.
    ``(g) Relation to Federal Charter.--The powers granted to the Civil
Air Patrol in section 40304 of title 36, including the power to adopt a
constitution, bylaws, and regulations, are subject to the approval of
the Secretary of the Air Force under the authority granted to the
Secretary by this section and are subject to any policies, regulations,
or instructions issued by the Secretary under that authority.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item relating to section 9442
and inserting the following new items:

``9442. Air Force role in management.
``9443. Assistance by other agencies.''.


SECTION 1. PRIVACY OF CUSTOMERS OF BROADBAND INTERNET ACCESS SERVICE
              AND OTHER TELECOMMUNICATIONS SERVICES.

    (a) In General.--Section 222 of the Communications Act of 1934 (47
U.S.C. 222) is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following:
    ``(h) Privacy of Customers of Broadband Internet Access Service and
Other Telecommunications Services.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `broadband Internet access service'
                has the meaning given the term in section 8.2 of title
                47, Code of Federal Regulations, or any successor
                regulation;
                    ``(B) the term `customer' means--
                            ``(i) a current or former subscriber to a
                        telecommunications service; or
                            ``(ii) an applicant for a
                        telecommunications service;
                    ``(C) the term `customer proprietary information'
                means, with respect to information or content that a
                telecommunications carrier acquires in connection with
                its provision of telecommunications service--
                            ``(i) individually identifiable customer
                        proprietary network information;
                            ``(ii) personally identifiable information;
                        and
                            ``(iii) content of communications;
                    ``(D) the term `opt-in approval' means a method for
                a telecommunications carrier to obtain customer consent
                to use, disclose, or permit access to the customer's
                customer proprietary information that requires that the
                telecommunications carrier obtain from the customer
                affirmative, express consent allowing the requested
                usage, disclosure, or access to the customer
                proprietary information after the customer is provided
                appropriate notification of the carrier's request;
                    ``(E) the term `sensitive customer proprietary
                information' includes--
                            ``(i) financial information;
                            ``(ii) health information;
                            ``(iii) information pertaining to children;
                            ``(iv) Social Security numbers;
                            ``(v) precise geolocation information;
                            ``(vi) content of communications;
                            ``(vii) call detail information;
                            ``(viii) web browsing history, application
                        usage history, and the functional equivalents
                        of either; and
                            ``(ix) any other customary proprietary
                        information that the Commission determines to
                        be sensitive; and
                    ``(F) the term `telecommunications service'
                includes broadband Internet access service and
                interconnected VoIP service.
            ``(2) Regulations.--In carrying out this section, the
        Commission shall promulgate regulations to protect the privacy
        of customers of telecommunications service.
            ``(3) Contents.--In promulgating regulations under
        paragraph (2), the Commission shall--
                    ``(A) require a telecommunications carrier to
                notify a customer about the collection, use, and
                sharing of his or her customer proprietary information,
                including by--
                            ``(i) notifying the customer about the
                        types of customer proprietary information the
                        carrier collects;
                            ``(ii) specifying how and for what purposes
                        the carrier uses and shares customer
                        proprietary information; and
                            ``(iii) identifying the types of entities
                        with which the carrier shares customer
                        proprietary information;
                    ``(B) require a telecommunications carrier to--
                            ``(i) provide the notification under
                        subparagraph (A) to a customer at the point of
                        sale, before the purchase of service; and
                            ``(ii) update a customer when the carrier
                        makes a material change to a privacy policy,
                        including any of the policies described in
                        subparagraph (A);
                    ``(C) require a telecommunications carrier to
                obtain opt-in approval from a customer to use and share
                his or her sensitive customer proprietary information;
                    ``(D) implement strong protection for de-identified
                customary proprietary information, to prevent re-
                identifying such information;
                    ``(E) prohibit a telecommunications carrier from
                refusing to serve a customer who doesn't consent to the
                use and sharing of his or her customer proprietary
                information for commercial purposes (commonly known as
                `take-it-or-leave-it offers'); and
                    ``(F) require a telecommunications carrier to--
                            ``(i) develop reasonable data security
                        practices; and
                            ``(ii) notify customers if a breach of
                        security has occurred.''.
    (b) Deadline.--The Federal Communications Commission--
            (1) not later than 180 days after the date of enactment of
        this Act, shall promulgate regulations under section 222(h)(2)
        of the Communications Act of 1934 (47 U.S.C. 222(h)(2)), as
        added by subsection (a); and
            (2) shall ensure that the regulations promulgated under
        paragraph (1) take effect not later than 180 days after the
        date of promulgation.


SECTION 1. PROVISION OF MENTAL HEALTH SERVICES BY DEPARTMENT OF
              VETERANS AFFAIRS FOR VETERANS AND FAMILY MEMBERS WITH
              LIMITED ENGLISH PROFICIENCY.

    (a) In General.--
            (1) Requirement.--Chapter 17 of title 38, United States
        Code, is amended by inserting after section 1712B the following
        new section:
``Sec. 1713. Mental health services; languages other than English
    ``(a) Availability of Counseling in Languages Other Than English.--
In providing counseling and other mental health services authorized by
law to a veteran who has limited proficiency in English, the Secretary
shall ensure that such counseling and services are available to that
veteran in both English and a language other than English in which the
veteran is proficient, if requested by the veteran.
    ``(b) Identification of Limited English Proficient Veterans.--For
purposes of this section, the Secretary shall develop procedures for
identifying veterans who have limited proficiency in English and of
informing those veterans of the provisions of subsection (a).''.
            (2) Clerical amendment.--The table of sections at the
        beginning of such chapter is amended by inserting after the
        item relating to section 1712B the following new item:

``1713. Mental health services; languages other than English''.
    (b) Family Members.--Section 1782 of such title is amended by
adding at the end the following new subsections:
    ``(e) Additional Counseling.--In addition to services authorized by
subsections (a) and (b), the Secretary shall, in connection with the
service of a veteran in the active military, naval, or air service,
provide to an individual described in subsection (c) such counseling
and mental health services as are requested by the individual, except
to the extent that the Secretary determines that such counseling and
mental health services are not needed.
    ``(f) Bilingual Counseling.--(1) In providing counseling and mental
health services under this section and bereavement counseling under
section 1783 of this title, the Secretary shall ensure, in the case of
an individual who has limited proficiency in English, that such
counseling and services are available to that individual in both
English and a language other than English in which the individual is
proficient, if requested by the individual.
    ``(2) For purposes of this subsection, the Secretary shall develop
procedures for identifying individuals who have limited proficiency in
English and of informing those individuals of the provisions of
paragraph (1).''.
    (c) Effective Date.--Section 1713 of title 38, United States Code,
as added by subsection (a)(1), and subsections (e) and (f) of section
1782 of such title, as added by subsection (b), shall take effect at
the end of the 120-day period beginning on the date of the enactment of
this Act.

SEC. 2. CODIFICATION FOR DEPARTMENT OF VETERANS AFFAIRS OF REQUIREMENTS
              OF EXECUTIVE ORDER 13166.

    (a) System for Access to Services.--The Secretary of Veterans
Affairs shall implement a system by which persons with limited English
proficiency can meaningfully access the services provided by the
Department of Veterans Affairs consistent with, and without unduly
burdening, the fundamental mission of that Department. The Secretary
shall work to ensure that recipients of financial assistance under
programs of the Department provide meaningful access to applicants and
beneficiaries with limited English proficiency.
    (b) Plan.--The Secretary shall implement a plan to improve access
to programs and activities of the Department of Veterans Affairs by
eligible persons with limited English proficiency. The plan shall be
consistent with the standards set forth in the guidance issued by the
Attorney General and shall include the steps the Secretary will take to
ensure that eligible persons with limited English proficiency can
meaningfully access the programs and activities of the Department.

SEC. 3. IMPLEMENTATION.

    In developing and implementing the plan under section 2(b), the
Secretary shall, at a minimum, carry out the following:
            (1) The Secretary shall conduct a thorough assessment of
        the language needs of the population served by the Department
        of Veterans Affairs, including identifying the non-English
        languages that are likely to be encountered.
            (2) The Secretary shall develop and implement a
        comprehensive language assistance program, which shall
        include--
                    (A) hiring bilingual staff and interpreters for
                patient and client contact positions; and
                    (B) translating written materials (such as consent
                forms, notice of free language assistance, and outreach
                materials) into languages other than English.
            (3) The Secretary shall train staff of the Department on
        the access policy of the Department with respect to persons
        with limited English proficiency and on carrying out that
        policy.
            (4) The Secretary shall establish vigilant monitoring and
        oversight to ensure that persons with limited English
        proficiency have meaningful access to health care and services.
            (5) The Secretary shall establish a task force to evaluate
        implementation and to prioritize needed actions to implement
        the access plan for persons with limited English proficiency.
            (6) The Secretary shall develop a specific plan to ensure
        seamless transition of veterans and their families from
        benefits and services provided by the Department of Defense to
        benefits and services provided by the Department of Veterans
        Affairs, including bilingual readjustment and bereavement
        counseling.
            (7) The Secretary shall establish a process to translate
        vital documents and other materials, including materials on the
        World Wide Web, brochures distributed as part of outreach
        efforts to servicemembers transitioning into civilian life, and
        the post-deployment health reassessment program.
            (8) The Secretary shall conduct outreach to veterans and
        their families in communities which may have higher proportions
        of populations with limited English proficiency to ensure they
        are aware of eligibility for benefits and services from the
        Department of Veterans Affairs.

SEC. 4. REPORT ON IMPLEMENTATION BY VETERANS HEALTH ADMINISTRATION OF
              DIRECTIVE ON IMPROVING ACCESS TO SERVICES FOR PERSONS
              WITH LIMITED ENGLISH PROFICIENCY.

    (a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committees on Veterans' Affairs of the Senate and House of
Representatives a report on the implementation by the Veterans Health
Administration of the Department of Veterans Affairs of the directive
of the Veterans Health Administration designated ``VHA Directive 2002-
006'' that was issued by the Under Secretary for Health of the
Department of Veterans Affairs on January 31, 2002, and that issued
policy to implement prohibitions on discrimination on the basis of
national origin for persons with limited English proficiency in
Federally-conducted programs and activities and in Federal financial
assisted programs.
    (b) Capacity to Provide Services to LEP Servicemembers.--The
Secretary shall include in the report an analysis of the capacity of
the Department of Veterans Affairs to provide services to members of
the Armed Forces with limited English proficiency.


SECTION 1. PURPOSE.

    The purpose of this Act is to authorize and provide funding for the
Bureau of Reclamation to continue the implementation of the endangered
fish recovery implementation programs for the Upper Colorado and San
Juan River Basins in order to accomplish the objectives of these
programs within a currently established time schedule.

SEC. 2. DEFINITIONS.

    As used in this Act:
        (1) The term ``Recovery Implementation Programs'' means the
    intergovernmental programs established pursuant to the 1988
    Cooperative Agreement to implement the Recovery Implementation
    Program for the Endangered Fish Species in the Upper Colorado River
    dated September 29, 1987, and the 1992 Cooperative Agreement to
    implement the San Juan River Recovery Implementation Program dated
    October 21, 1992, and as they may be amended by the parties
    thereto.
        (2) The term ``Secretary'' means the Secretary of the Interior.
        (3) The term ``Upper Division States'' means the States of
    Colorado, New Mexico, Utah, and Wyoming.
        (4) The term ``Colorado River Storage Project'' or ``storage
    project'' means those dams, reservoirs, power plants, and other
    appurtenant project facilities and features authorized by and
    constructed in accordance with the Colorado River Storage Project
    Act (43 U.S.C. 620 et seq.).
        (5) The term ``capital projects'' means planning, design,
    permitting or other compliance, pre-construction activities,
    construction, construction management, and replacement of
    facilities, and the acquisition of interests in land or water, as
    necessary to carry out the Recovery Implementation Programs.
        (6) The term ``facilities'' includes facilities for the genetic
    conservation or propagation of the endangered fishes, those for the
    restoration of floodplain habitat or fish passage, those for
    control or supply of instream flows, and those for the removal or
    translocation of nonnative fishes.
        (7) The term ``interests in land and water'' includes, but is
    not limited to, long-term leases and easements, and long-term
    enforcement, or other agreements protecting instream flows.
        (8) The term ``base funding'' means funding for operation and
    maintenance of capital projects, implementation of recovery actions
    other than capital projects, monitoring and research to evaluate
    the need for or effectiveness of any recovery action, and program
    management, as necessary to carry out the Recovery Implementation
    Programs. Base funding also includes annual funding provided under
    the terms of the 1988 Cooperative Agreement and the 1992
    Cooperative Agreement.
        (9) The term ``recovery actions other than capital projects''
    includes short-term leases and agreements for interests in land,
    water, and facilities; the reintroduction or augmentation of
    endangered fish stocks; and the removal, translocation, or other
    control of nonnative fishes.
        (10) The term ``depletion charge'' means a one-time
    contribution in dollars per acre-foot to be paid to the United
    States Fish and Wildlife Service based on the average annual new
    depletion by each project.

SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.

    (a) Authorization of Appropriations for Federal Participation in
Capital Projects.--(1) There is hereby authorized to be appropriated to
the Secretary, $46,000,000 to undertake capital projects to carry out
the purposes of this Act. Such funds shall be considered a
nonreimbursable Federal expenditure.
    (2) The authority of the Secretary, acting through the Bureau of
Reclamation, under this or any other provision of law to implement
capital projects for the Recovery Implementation Program for Endangered
Fish Species in the Upper Colorado River Basin shall expire in fiscal
year 2005 unless reauthorized by an Act of Congress.
    (3) The authority of the Secretary to implement the capital
projects for the San Juan River Basin Recovery Implementation Program
shall expire in fiscal year 2007 unless reauthorized by an Act of
Congress.
    (b) Cost of Capital Projects.--The total costs of the capital
projects undertaken for the Recovery Implementation Programs receiving
assistance under this Act shall not exceed $100,000,000 of which--
        (1) costs shall not exceed $82,000,000 for the Recovery
    Implementation Program for Endangered Fish Species in the Upper
    Colorado River Basin through fiscal year 2005; and
        (2) costs shall not exceed $18,000,000 for the San Juan River
    Recovery Implementation Program through fiscal year 2007.
The amounts set forth in this subsection shall be adjusted by the
Secretary for inflation in each fiscal year beginning after the
enactment of this Act.
    (c) Non-Federal Contributions to Capital Projects.--(1) The
Secretary, acting through the Bureau of Reclamation, may accept
contributed funds from the Upper Division States, or political
subdivisions or organizations with the Upper Division States, pursuant
to agreements that provide for the contributions to be used for capital
projects costs. Such non-Federal contributions shall not exceed
$17,000,000.
    (2) In addition to the contribution described in paragraph (1), the
Secretary of Energy, acting through the Western Area Power
Administration, and the Secretary of the Interior, acting through the
Bureau of Reclamation, may utilize power revenues collected pursuant to
the Colorado River Storage Project Act to carry out the purposes of
this subsection. Such funds shall be treated as reimbursable costs
assigned to power for repayment under section 5 of the Colorado River
Storage Project Act. This additional contribution shall not exceed
$17,000,000. Such funds shall be considered a non-Federal contribution
for the purposes of this Act. The funding authorized by this paragraph
over any 2-fiscal-year period shall be made available in amounts equal
to the contributions for the same 2-fiscal-year period made by the
Upper Division States pursuant to paragraph (1).
    (3) The additional funding provided pursuant to paragraph (2) may
be provided through loans from the Colorado Water Conservation Board
Construction Fund (37-60-121 C.R.S.) to the Western Area Power
Administration in lieu of funds which would otherwise be collected from
power revenues and used for storage project repayments. The Western
Area Power Administration is authorized to repay such loan or loans
from power revenues collected beginning in fiscal year 2012, subject to
an agreement between the Colorado Water Conservation Board, the Western
Area Power Administration, and the Bureau of Reclamation. The agreement
and any future loan contracts that may be entered into by the Colorado
Water Conservation Board, the Western Area Power Administration, and
the Bureau of Reclamation shall be negotiated in consultation with Salt
Lake City Area Integrated Projects Firm Power Contractors. The
agreement and loan contracts shall include provisions designed to
minimize impacts on electrical power rates and shall ensure that loan
repayment to the Colorado Water Conservation Board, including principal
and interest, is completed no later than September 30, 2057. The
Western Area Power Administration is authorized to include in power
rates such sums as are necessary to carry out this paragraph and
paragraph (2).
    (4) All contributions made pursuant to this subsection shall be in
addition to the cost of replacement power purchased due to modifying
the operation of the Colorado River Storage Project and the capital
cost of water from Wolford Mountain Reservoir in Colorado. Such costs
shall be considered as non-Federal contributions, not to exceed
$20,000,000.
    (d) Base Funding.--(1) Beginning in the first fiscal year
commencing after the date of the enactment of this Act, the Secretary
may utilize power revenues collected pursuant to the Colorado River
Storage Project Act for the annual base funding contributions to the
Recovery Implementation Programs by the Bureau of Reclamation. Such
funding shall be treated as nonreimbursable and as having been repaid
and returned to the general fund of the Treasury as costs assigned to
power for repayment under section 5 of the Colorado River Storage
Project Act.
    (2) For the Recovery Implementation Program for the Endangered Fish
Species in the Upper Colorado River Basin, the contributions to base
funding referred to in paragraph (1) shall not exceed $4,000,000 per
year. For the San Juan River Recovery Implementation Program, such
contributions shall not exceed $2,000,000 per year. The Secretary shall
adjust such amounts for inflation in fiscal years commencing after the
enactment of this Act. The utilization of power revenues for annual
base funding shall cease after the fiscal year 2011, unless
reauthorized by Congress; except that power revenues may continue to be
utilized to fund the operation and maintenance of capital projects and
monitoring. No later than the end of fiscal year 2008, the Secretary
shall submit a report on the utilization of power revenues for base
funding to the appropriate Committees of the United States Senate and
the House of Representatives. The Secretary shall also make a
recommendation in such report regarding the need for continued base
funding after fiscal year 2011 that may be required to fulfill the
goals of the Recovery Implementation Programs. Nothing in this Act
shall otherwise modify or amend existing agreements among participants
regarding base funding and depletion charges for the Recovery
Implementation Programs.
    (3) The Western Area Power Administration and the Bureau of
Reclamation shall maintain sufficient revenues in the Colorado River
Basin Fund to meet their obligation to provide base funding in
accordance with paragraph (2). If the Western Area Power Administration
and the Bureau of Reclamation determine that the funds in the Colorado
River Basin Fund will not be sufficient to meet the obligations of
section 5(c)(1) of the Colorado River Storage Project Act for a 3-year
period, the Western Area Power Administration and the Bureau of
Reclamation shall request appropriations to meet base funding
obligations.
    (e) Authority To Retain Appropriated Funds.--At the end of each
fiscal year any unexpended appropriated funds for capital projects
under this Act shall be retained for use in future fiscal years.
Unexpended funds under this Act that are carried over shall continue to
be used to implement the capital projects needed for the Recovery
Implementation Programs.
    (f) Additional Authority.--The Secretary may enter into agreements
and contracts with Federal and non-Federal entities, acquire and
transfer interests in land, water, and facilities, and accept or give
grants in order to carry out the purposes of this Act.
    (g) Indian Trust Assets.--The Congress finds that much of the
potential water development in the San Juan River Basin and in the
Duchesne River Basin (a subbasin of the Green River in the Upper
Colorado River Basin) is for the benefit of Indian tribes and most of
the federally designated critical habitat for the endangered fish
species in the San Juan River Basin is on Indian trust lands, and 2\1/
2\ miles of critical habitat on the Duchesne River is on Indian Trust
Land. Nothing in this Act shall be construed to restrict the Secretary,
acting through the Bureau of Reclamation and the Bureau of Indian
Affairs, from funding activities or capital projects in accordance with
the Federal Government's Indian trust responsibility.
    (h) Termination of Authority.--All authorities provided by this
section for the respective Recovery Implementation Program shall
terminate upon expiration of the current time period for the respective
Cooperative Agreement referenced in section 2(1) unless, at least 1
year prior to such expiration, the time period for the respective
Cooperative Agreement is extended to conform with this Act.

SEC. 4. EFFECT ON RECLAMATION LAW.

    Specifically with regard to the acreage limitation provisions of
Federal reclamation law, any action taken pursuant to or in furtherance
of this title will not--
        (1) be considered in determining whether a district as defined
    in section 202(2) of the Reclamation Reform Act of 1982 (43 U.S.C.
    390bb) has discharged its obligation to repay the construction cost
    of project facilities used to make irrigation water available for
    delivery to land in the district;
        (2) serve as the basis for reinstating acreage limitation
    provisions in a district that has completed payment of its
    construction obligations; or
        (3) serve as the basis for increasing the construction
    repayment obligation of the district and thereby extending the
    period during which the acreage limitation provisions will apply.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.