SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Artists' Contribution to American
Heritage Act of 1999''.

SEC. 2. CHARITABLE CONTRIBUTIONS OF CERTAIN ITEMS CREATED BY THE
              TAXPAYER.

    (a) In General.--Subsection (e) of section 170 of the Internal
Revenue Code of 1986 (relating to certain contributions of ordinary
income and capital gain property) is amended by adding at the end the
following new paragraph:
            ``(7) Special rule for certain contributions of literary,
        musical, or artistic compositions.--
                    ``(A) In general.--In the case of a qualified
                artistic charitable contribution--
                            ``(i) the amount of such contribution shall
                        be the fair market value of the property
                        contributed (determined at the time of such
                        contribution), and
                            ``(ii) no reduction in the amount of such
                        contribution shall be made under paragraph (1).
                    ``(B) Qualified artistic charitable contribution.--
                For purposes of this paragraph, the term `qualified
                artistic charitable contribution' means a charitable
                contribution of any literary, musical, artistic, or
                scholarly composition, or similar property, or the
                copyright thereon (or both), but only if--
                            ``(i) such property was created by the
                        personal efforts of the taxpayer making such
                        contribution no less than 18 months prior to
                        such contribution,
                            ``(ii) the taxpayer--
                                    ``(I) has received a qualified
                                appraisal of the fair market value of
                                such property in accordance with the
                                regulations under this section, and
                                    ``(II) attaches to the taxpayer's
                                income tax return for the taxable year
                                in which such contribution was made a
                                copy of such appraisal,
                            ``(iii) the donee is an organization
                        described in subsection (b)(1)(A),
                            ``(iv) the use of such property by the
                        donee is related to the purpose or function
                        constituting the basis for the donee's
                        exemption under section 501 (or, in the case of
                        a governmental unit, to any purpose or function
                        described under subsection (c)),
                            ``(v) the taxpayer receives from the donee
                        a written statement representing that the
                        donee's use of the property will be in
                        accordance with the provisions of clause (iv),
                        and
                            ``(vi) the written appraisal referred to in
                        clause (ii) includes evidence of the extent (if
                        any) to which property created by the personal
                        efforts of the taxpayer and of the same type as
                        the donated property is or has been--
                                    ``(I) owned, maintained, and
                                displayed by organizations described in
                                subsection (b)(1)(A), and
                                    ``(II) sold to or exchanged by
                                persons other than the taxpayer, donee,
                                or any related person (as defined in
                                section 465(b)(3)(C)).
                    ``(C) Maximum dollar limitation; no carryover of
                increased deduction.--The increase in the deduction
                under this section by reason of this paragraph for any
                taxable year--
                            ``(i) shall not exceed the artistic
                        adjusted gross income of the taxpayer for such
                        taxable year, and
                            ``(ii) shall not be taken into account in
                        determining the amount which may be carried
                        from such taxable year under subsection (d).
                    ``(D) Artistic adjusted gross income.--For purposes
                of this paragraph, the term `artistic adjusted gross
                income' means that portion of the adjusted gross income
                of the taxpayer for the taxable year attributable to--
                            ``(i) income from the sale or use of
                        property created by the personal efforts of the
                        taxpayer which is of the same type as the
                        donated property, and
                            ``(ii) income from teaching, lecturing,
                        performing, or similar activity with respect to
                        property described in clause (i).
                    ``(E) Paragraph not to apply to certain
                contributions.--Subparagraph (A) shall not apply to any
                charitable contribution of any letter, memorandum, or
                similar property which was written, prepared, or
                produced by or for an individual while the individual
                is an officer or employee of any person (including any
                government agency or instrumentality) unless such
                letter, memorandum, or similar property is entirely
                personal.
                    ``(F) Copyright treated as separate property for
                partial interest rule.--In the case of a qualified
                artistic charitable contribution, the tangible
                literary, musical, artistic, or scholarly composition,
                or similar property and the copyright on such work
                shall be treated as separate properties for purposes of
                this paragraph and subsection (f)(3).''.
    (b) Effective Date.--The amendment made by this section shall apply
to contributions made after the date of the enactment of this Act in
taxable years ending after such date.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assistance for Orphans and Other
Vulnerable Children in Developing Countries Act of 2004''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) More than 110,000,000 orphans live in sub-Saharan
        Africa, Asia, Latin America, and the Caribbean. These children
        often are disadvantaged in numerous and devastating ways and
        most households with orphans cannot meet the basic needs of
        health care, food, clothing, and educational expenses.
            (2) It is estimated that 121,000,000 children worldwide do
        not attend school and that the majority of such children are
        young girls. According to the United Nations Children's Fund
        (UNICEF), orphans are less likely to be in school and more
        likely to be working full time.
            (3) School food programs, including take-home rations, in
        developing countries provide strong incentives for children to
        remain in school and continue their education. School food
        programs can reduce short-term hunger, improve cognitive
        functions, and enhance learning, behavior, and achievement.
            (4) Financial barriers, such as school fees and other costs
        of education, prevent many orphans and other vulnerable
        children in developing countries from attending school.
        Providing children with free primary school education, while
        simultaneously ensuring that adequate resources exist for
        teacher training and infrastructure, would help more orphans
        and other vulnerable children obtain a quality education.
            (5) The trauma that results from the loss of a parent can
        trigger behavior problems of aggression or emotional withdrawal
        and negatively affect a child's performance in school and the
        child's social relations. Children living in families affected
        by HIV/AIDS or who have been orphaned by AIDS often face
        stigmatization and discrimination. Providing culturally
        appropriate psychosocial support to such children can assist
        them in successfully accepting and adjusting to their
        circumstances.
            (6) Orphans and other vulnerable children in developing
        countries routinely are denied their inheritance or encounter
        difficulties in claiming the land and other property which they
        have inherited. Even when the inheritance rights of women and
        children are spelled out in law, such rights are difficult to
        claim and are seldom enforced. In many countries it is
        difficult or impossible for a widow, even if she has young
        children, to claim property after the death of her husband.
            (7) The HIV/AIDS pandemic has had a devastating affect on
        children and is deepening poverty in entire communities and
        jeopardizing the health, safety, and survival of all children
        in affected areas.
            (8) The HIV/AIDS pandemic has increased the number of
        orphans worldwide and has exacerbated the poor living
        conditions of the world's poorest and most vulnerable children.
        AIDS has created an unprecedented orphan crisis, especially in
        sub-Saharan Africa, where children have been hardest hit. An
        estimated 14,000,000 orphans have lost 1 or both parents to
        AIDS. By 2010, it is estimated that over 25,000,000 children
        will have been orphaned by AIDS.
            (9) Approximately 2,500,000 children under the age of 15
        worldwide have HIV/AIDS. Every day another 2,000 children under
        the age of 15 are infected with HIV. Without treatment, most
        children born with HIV can expect to die by age two, but with
        sustained drug treatment through childhood, the chances of
        long-term survival and a productive adulthood improve
        dramatically.
            (10) Few international development programs specifically
        target the treatment of children with HIV/AIDS in developing
        countries. Reasons for this include the perceived low priority
        of pediatric treatment, a lack of pediatric health care
        professionals, lack of expertise and experience in pediatric
drug dosing and monitoring, the perceived complexity of pediatric
treatment, and mistaken beliefs regarding the risks and benefits of
pediatric treatment.
            (11) Although a number of organizations seek to meet the
        needs of orphans or other vulnerable children, extended
        families and local communities continue to be the primary
        providers of support for such children.
            (12) The HIV/AIDS pandemic is placing huge burdens on
        communities and is leaving many orphans with little support.
        Alternatives to traditional orphanages, such as community-based
        resource centers, continue to evolve in response to the massive
        number of orphans that has resulted from the pandemic.
            (13) The AIDS orphans crisis in sub-Saharan Africa has
        implications for political stability, human welfare, and
        development that extend far beyond the region, affecting
        governments and people worldwide, and this crisis requires an
        accelerated response from the international community.
            (14) Although section 403(b) of the United States
        Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
        2003 (22 U.S.C. 7673(b)) establishes the requirement that not
        less than 10 percent of amounts appropriated for HIV/AIDS
        assistance for each of fiscal years 2006 through 2008 shall be
        expended for assistance for orphans and other vulnerable
        children affected by HIV/AIDS, there is an urgent need to
        provide assistance to such children prior to 2006.
            (15) Numerous United States and indigenous private
        voluntary organizations, including faith-based organizations,
        provide assistance to orphans and other vulnerable children in
        developing countries. Many of these organizations have
        submitted applications for grants to the Administrator of the
        United States Agency for International Development to provide
        increased levels of assistance for orphans and other vulnerable
        children in developing countries.
            (16) Increasing the amount of assistance that is provided
        by the Administrator of the United States Agency for
        International Development through United States and indigenous
        private voluntary organizations, including faith-based
        organizations, will provide greater protection for orphans and
        other vulnerable children in developing countries.
            (17) It is essential that the United States Government
        adopt a comprehensive approach for the provision of assistance
        to orphans and other vulnerable children in developing
        countries. A comprehensive approach would ensure that important
        services, such as basic care, psychosocial support, school food
        programs, increased educational opportunities and employment
        training and related services, the protection and promotion of
        inheritance rights for such children, and the treatment of
        orphans and other vulnerable children with HIV/AIDS, are made
        more accessible.
            (18) Assistance for orphans and other vulnerable children
        can best be provided by a comprehensive approach of the United
        States Government that--
                    (A) ensures that Federal agencies and the private
                sector coordinate efforts to prevent and eliminate
                duplication of efforts and waste in the provision of
                such assistance; and
                    (B) to the maximum extent possible, focuses on
                community-based programs that allow orphans and other
                vulnerable children to remain connected to the
                traditions and rituals of their families and
                communities.

SEC. 3. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN IN
              DEVELOPING COUNTRIES.

    Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by adding at the end the following
section:

``SEC. 135. ASSISTANCE FOR ORPHANS AND OTHER VULNERABLE CHILDREN.

    ``(a) Findings.--Congress finds the following:
            ``(1) There are more than 110,000,000 orphans living in
        sub-Saharan Africa, Asia, Latin America, and the Caribbean.
            ``(2) The HIV/AIDS pandemic has created an unprecedented
        orphan crisis, especially in sub-Saharan Africa, where children
        have been hardest hit. The pandemic is deepening poverty in
        entire communities, and is jeopardizing the health, safety, and
        survival of all children in affected countries. It is estimated
        that 14,000,000 children have lost one or both parents to AIDS.
            ``(3) The orphans crisis in sub-Saharan Africa has
        implications for human welfare, development, and political
        stability that extend far beyond the region, affecting
        governments and people worldwide.
            ``(4) Extended families and local communities are
        struggling to meet the basic needs of orphans and vulnerable
        children by providing food, health care including treatment of
        children living with HIV/AIDS, education expenses, and
        clothing.
            ``(5) Providing assistance to such children is an important
        expression of the humanitarian concern and tradition of the
        people of the United States.
    ``(b) Definitions.--In this section:
            ``(1) AIDS.--The term `AIDS' has the meaning given the term
        in section 104A(g)(1) of this Act.
            ``(2) Children.--The term `children' means persons who have
        not attained the age of 18.
            ``(3) HIV/AIDS.--The term `HIV/AIDS' has the meaning given
        the term in section 104A(g)(3) of this Act.
            ``(4) Orphan.--The term `orphan' means a child deprived by
        death of one or both parents.
            ``(5) Psychosocial support.--The term `psychosocial
        support' includes care that addresses the ongoing psychological
        and social problems that affect individuals, their partners,
        families, and caregivers in order to alleviate suffering,
        strengthen social ties and integration, provide emotional
        support, and promote coping strategies.
    ``(c) Assistance.--The President is authorized to provide
assistance, including providing such assistance through international
or nongovernmental organizations, for programs in developing countries
to provide basic care and services for orphans and other vulnerable
children. Such programs should provide assistance--
            ``(1) to support families and communities to mobilize their
        own resources through the establishment of community-based
        organizations to provide basic care for orphans and other
        vulnerable children;
            ``(2) for school food programs, including the purchase of
        local or regional foodstuffs where appropriate;
            ``(3) to increase primary school enrollment through the
        elimination of school fees, where appropriate, or other
        barriers to education while ensuring that adequate resources
        exist for teacher training and infrastructure;
            ``(4) to provide employment training and related services
        for orphans and other vulnerable children who are of legal
        working age;
            ``(5) to protect and promote the inheritance rights of
        orphans, other vulnerable children, and widows;
            ``(6) to provide culturally appropriate psychosocial
        support to orphans and other vulnerable children; and
            ``(7) to treat orphans and other vulnerable children with
        HIV/AIDS through the provision of pharmaceuticals, the
        recruitment and training of individuals to provide pediatric
        treatment, and the purchase of pediatric-specific technologies.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated
        to the President to carry out this section such sums as may be
        necessary for each of the fiscal years 2005 and 2006.
            ``(2) Availability of funds.--Amounts made available under
        paragraph (1) are authorized to remain available until expended
        and are in addition to amounts otherwise available for such
        purposes.
            ``(3) Relationship to other laws.--Amounts made available
        for assistance pursuant to this subsection, and amounts made
        available for such assistance pursuant to any other provision
        of law, may be used to provide such assistance notwithstanding
        any other provision of law.''.

SEC. 4. STRATEGY OF THE UNITED STATES.

    (a) Requirement for Strategy.--Not later than 180 days after the
date of enactment of this Act, the President shall develop, and submit
to the appropriate congressional committees, a strategy for
coordinating, implementing, and monitoring assistance programs for
orphans and vulnerable children.
    (b) Consultation.--The President should consult with employees of
the field missions of the United States Agency for International
Development in developing the strategy required by subsection (a) to
ensure that such strategy--
            (1) will not impede the efficiency of implementing
        assistance programs for orphans and vulnerable children; and
            (2) addresses the specific needs of indigenous populations.
    (c) Content.--The strategy required by subsection (a) shall
include--
            (1) the identity of each agency or department of the
        Federal Government that is providing assistance for orphans and
        vulnerable children in foreign countries;
            (2) a description of the efforts of the head of each such
        agency or department to coordinate the provision of such
        assistance with other agencies or departments of the Federal
        Government or nongovernmental entities;
            (3) a description of a coordinated strategy, including
        coordination with other bilateral and multilateral donors, to
        provide the assistance authorized in section 135 of the Foreign
        Assistance Act of 1961, as added by section 3 of this Act;
            (4) an analysis of additional coordination mechanisms or
        procedures that could be implemented to carry out the purposes
        of such section;
            (5) a description of a monitoring system that establishes
        performance goals for the provision of such assistance and
        expresses such goals in an objective and quantifiable form, to
        the extent feasible; and
            (6) a description of performance indicators to be used in
        measuring or assessing the achievement of the performance goals
        described in paragraph (5).

SEC. 5. ANNUAL REPORT.

    Not later than one year after the date on which the President
submits the strategy required by section 4(a) to the appropriate
congressional committees, and annually thereafter, the President shall
submit a report to the appropriate congressional committees on the
implementation of this Act.

SEC. 6. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

    In this Act, the term ``appropriate congressional committees''
means the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on International Relations of the House of Representatives.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Atchafalaya National Heritage Area
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Atchafalaya Basin area of Louisiana, designated by
        the Louisiana Legislature as the ``Atchafalaya Trace State
        Heritage Area'' and consisting of the area described in section
        5(b), is an area in which natural, scenic, cultural, and
        historic resources form a cohesive and nationally distinctive
        landscape arising from patterns of human activity shaped by
        geography.
            (2) The significance of the area is enhanced by the
        continued use of the area by people whose traditions have
        helped shape the landscape.
            (3) There is a national interest in conserving, restoring,
        promoting, and interpreting the benefits of the area for the
        residents of, and visitors to, the area.
            (4) The area represents an assemblage of rich and varied
        resources forming a unique aspect of the heritage of the United
        States.
            (5) The area reflects a complex mixture of people and their
        origins, traditions, customs, beliefs, and folkways of interest
        to the public.
            (6) The land and water of the area offer outstanding
        recreational opportunities, educational experiences, and
        potential for interpretation and scientific research.
            (7) Local governments of the area support the establishment
        of a national heritage area.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to conserve, restore, promote, and interpret the
        significant resource values and functions of the Atchafalaya
        Basin area and advance sustainable economic development of the
        area;
            (2) to foster a close working relationship with all levels
        of government, the private sector, and the local communities in
        the area so as to enable those communities to conserve their
        heritage while continuing to pursue economic opportunities; and
            (3) to establish, in partnership with the State, local
        communities, preservation organizations, private corporations,
        and landowners in the Heritage Area, the Atchafalaya Trace
        State Heritage Area, as eligible parishes designated by the
        Louisiana Legislature, as the Atchafalaya National Heritage
        Area.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the
        Atchafalaya National Heritage Area established by section 5(a).
            (2) Local coordinating entity.--The term ``local
        coordinating entity'' means the local coordinating entity for
        the Heritage Area designated by section 5(c).
            (3) Management plan.--The term ``management plan'' means
        the management plan for the Heritage Area developed under
        section 7.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) State.--The term ``State'' means the State of
        Louisiana.

SEC. 5. ATCHAFALAYA NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established in the State the
Atchafalaya National Heritage Area.
    (b) Boundaries.--The Heritage Area shall consist of parishes that
are consistent with the tradition, purposes, goals, and culture of the
Heritage Area as determined by the Secretary in consultation with the
State. The Secretary shall give priority consideration to those
parishes in Atchafalaya State Heritage Area.
    (c) Local Coordinating Entity.--
            (1) In general.--The Atchafalaya Trace Commission shall be
        the local coordinating entity for the Heritage Area.
            (2) Composition.--The local coordinating entity shall be
        composed of 1 member appointed by the governing authority of
        each parish within the Heritage Area.

SEC. 6. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.

    (a) Authorities.--For the purposes of developing and implementing
the management plan approved by the Secretary, the local coordinating
entity may--
            (1) make grants to, and enter into cooperative agreements
        with, the State, units of local government, and private
        organizations;
            (2) hire and compensate staff; and
            (3) enter into contracts for goods and services.
    (b) Duties.--The local coordinating entity shall--
            (1) submit to the Secretary for approval a management plan;
            (2) implement the management plan, including providing
        assistance to units of government and others in--
                    (A) carrying out programs that recognize important
                resource values within the Heritage Area;
                    (B) encouraging sustainable economic development
                within the Heritage Area;
                    (C) establishing and maintaining interpretive sites
                within the Heritage Area; and
                    (D) increasing public awareness and appreciation
                for the natural, historic, and cultural resources of
                the Heritage Area;
            (3) adopt bylaws governing the conduct of the local
        coordinating entity; and
            (4) for any year for which Federal funds are received under
        this Act, submit to the Secretary a report that describes, for
        the year--
                    (A) the accomplishments of the local coordinating
                entity; and
                    (B) the expenses and income of the local
                coordinating entity.
    (c) Acquisition of Real Property.--No Federal funds authorized
under this Act may be used to acquire real property or any interest in
real property.
    (d) Public Meetings.--The local coordinating entity shall conduct
public meetings at least quarterly.

SEC. 7. MANAGEMENT PLAN.

    (a) In General.--The local coordinating entity shall develop a
management plan for the Heritage Area that incorporates an integrated
and cooperative approach to conserve, interpret, and enhance the
natural, scenic, cultural, historic, and recreational resources of the
Heritage Area consistent with local, State and Federal land use laws
and compatible with the economic viability of the Heritage Area.
    (b) Consideration of Other Plans and Actions.--In developing the
management plan, the local coordinating entity shall--
            (1) take into consideration Federal, State, and local plans
        land use, laws, and plans; and
            (2) invite the participation of residents, public agencies,
        and private organizations in the Heritage Area.
    (c) Contents.--The management plan shall include--
            (1) an inventory of the resources in the Heritage Area,
        including--
                    (A) a list of property in the Heritage Area that--
                            (i) relates to the purposes of the Heritage
                        Area; and
                            (ii) should be preserved, restored,
                        managed, or maintained because of the
                        significance of the property; and
                    (B) an assessment of cultural landscapes within the
                Heritage Area;
            (2) provisions for the conservation, interpretation, and
        enjoyment of the resources of the Heritage Area identified in
        the management plan and found by the Secretary to be consistent
        with this Act and consistent with economic viability of the
        Heritage Area;
            (3) an interpretation plan for the Heritage Area; and
            (4) a program for implementation of the management plan
        that includes--
                    (A) actions that may be carried out by units of
                government, private organizations, and public-private
                partnerships to protect the resources of the Heritage
                Area; and
                    (B) the identification of existing and potential
                sources of funding for implementing the plan.
    (d) Submission to Secretary for Approval.--
            (1) In general.--Not later than 3 years after the date of
        the enactment of this Act, the local coordinating entity shall
        submit the management plan to the Secretary for approval.
            (2) Effect of failure to submit.--If a management plan is
        not submitted to the Secretary by the date specified in
        paragraph (1), the Secretary shall not provide any additional
        funding under this Act until a management plan for the Heritage
        Area is submitted to the Secretary.
    (e) Approval.--
            (1) In general.--Not later than 90 days after receiving the
        management plan submitted under subsection (d)(1), the
        Secretary, in consultation with the State, shall approve or
        disapprove the management plan.
            (2) Action following disapproval.--
                    (A) In general.--If the Secretary disapproves a
                management plan under paragraph (1), the Secretary
                shall--
                            (i) advise the local coordinating entity in
                        writing of the reasons for the disapproval;
                            (ii) make recommendations for revisions to
                        the management plan; and
                            (iii) allow the local coordinating entity
                        to submit to the Secretary revisions to the
                        management plan.
                    (B) Deadline for approval of revision.--Not later
                than 90 days after the date on which a revision is
                submitted under subparagraph (A)(iii), the Secretary
                shall approve or disapprove the revision.
    (f) Revision.--
            (1) In general.--After approval by the Secretary of a
        management plan, the local coordinating entity shall
        periodically--
                    (A) review the management plan; and
                    (B) submit to the Secretary, for review and
                approval by the Secretary, the recommendations of the
                local coordinating entity for any revisions to the
                management plan that the local coordinating entity
                considers to be appropriate.
            (2) Expenditure of funds.--Funds made available under this
        Act shall be used only to implement the approved management
        plan.

SEC. 8. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent to the management entity for such
preservation, conservation, or promotion.
    (b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have that private
property immediately removed from the boundary by submitting a written
request to the management entity.

SEC. 9. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act shall be
construed to--
            (1) require any private property owner to allow public
        access (including Federal, State, or local government access)
        to such private property; or
            (2) modify any provision of Federal, State, or local law
        with regard to public access to or use of private property.
    (b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on that private property.
    (c) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.

SEC. 10. EFFECT OF ACT.

    Nothing in this Act--
            (1) grants any Federal agency regulatory authority over any
        interest in the Heritage Area, unless cooperatively agreed to
        by all involved parties;
            (2) modifies, enlarges, or diminishes any authority of the
        Federal, or State, or local government to regulate any use of
        land as provided for by law (including regulations) in
        existence on the date of the enactment of this Act;
            (3) grants any power of zoning or land use to the local
        coordinating entity;
            (4) imposes any environmental, occupational, safety, or
        other rule, standard, or permitting process that is different
        from those in effect on the date of enactment of this Act that
        would be applicable had the Heritage Area not been established;
            (5) imposes any change in Federal environmental quality
        standards;
            (6) abridges, restricts, or alters any applicable rule,
        standard, or review procedure for permitting of facilities
        within or adjacent to the Heritage Area; or
            (7) affects the continuing use and operation, where located
        on the date of enactment of this Act, of any public or private
        facility, including any public utility or common carrier.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act
$10,000,000, of which not more than $1,000,000 shall be made available
for any fiscal year.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Autism Understanding and Training in
School Methodologies for Educators Act of 2012''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Autism is a group of complex developmental brain
        disorders collectively referred to as Autism Spectrum Disorders
        (ASDs) that can cause a wide range of symptoms, skills, and
        levels of impairment including social, communication and
        behavior changes.
            (2) Autism spectrum disorders are also referred to as
        pervasive developmental disorders and include subcategories of
        classic autism with ranges from high functioning autism (HFA)
        to low functioning autism, Asperger syndrome, and pervasive
        developmental disorder, not otherwise specified (PDD-NOS), as
        well as more severe cases of Rhett Syndrome and Child
        Disintegrative Disorder.
            (3) Autism affects an estimated 1 in 88 children by age 8
        and 1 in 54 boys.
            (4) An estimated 1,500,000 individuals in the United States
        are affected by autism.
            (5) More children will be diagnosed with autism this year
        than with AIDS, diabetes, and cancer combined.
            (6) Autism is the fastest growing serious developmental
        disability in the United States.
            (7) Autism costs the Nation over $35,000,000,000 per year,
        a figure expected to significantly increase in the next decade.
            (8) Boys are five times more likely than girls to have
        autism.
            (9) There is currently no medical cure for autism, but
        there are evidence-based educational methods proven to be
        effective in improving outcomes for students with autism and
        research demonstrating the benefits of routine and consistency.
            (10) The least restrictive environment for educating
        students with autism spectrum disorder, including, but not
        limited to, students with high functioning autism, Asperger
        syndrome, and PDD-NOS, often is best achieved by enrollment in
        a general education classroom with proper support.
            (11) General education classroom teachers and staff often
        are not adequately trained to work effectively with students
        with autism spectrum disorders, who have a wide diversity of
        characteristics, although such skills may be attained through
        qualified training programs and may be relatively easy to
        implement in school settings.
            (12) Training general education classroom teachers and
        staff to implement evidence-based practices for educating
        students with autism spectrum disorders with accuracy and
        fidelity will help provide for best possible outcomes not only
        for students with autism, but also for other students in the
        classroom.
            (13) Children with autism in highly transient families,
        such as the military (where the rate of children on the
        spectrum is even higher) and foreign service families, often
        face additional challenges in the public education system
        because of frequent changes in the family's geographic duty
        station or a parent's deployment, which can interrupt the
        provision of appropriate interventions and continuity of
        effective educational methods.
            (14) In school districts that have a large population of
        transient families or that border military bases it is
        especially important to have staff who are highly trained to
        provide effective services and build a proven track record of
        academic achievement in serving students with autism.

SEC. 3. DEMONSTRATION PROGRAM AUTHORIZED.

    (a) Authorization of Grant Program.--The Secretary is authorized to
carry out a demonstration grant program to award grants to eligible
entities to enable such entities to accomplish the purposes described
in subsection (b).
    (b) Purposes.--A grant provided under this section shall be used
for the following purposes within schools providing education to
children in grades pre-kindergarten through 12:
            (1) Providing evidence-based, in-service training to
        teachers, paraprofessionals, and other staff on effective ways
        to teach, communicate, recognize, support, and interact with
        children with autism spectrum disorder in the classroom and
        related school settings. Training on providing effective
        support includes but is not limited to academic support,
        behavioral support, communication support, social emotional
        support, and facilitating positive peer interactions and social
        skills.
            (2) Providing technical assistance consisting of
        consultation on the type of training needed, hands-on
        opportunities to practice and perform newly acquired skills and
        methodologies with fidelity, and post-training support to
        ensure accuracy of implementation in the classroom.
            (3) Executing strategies for recruiting and retaining
        skilled personnel participating in the education of children
        with autism spectrum disorders.
            (4) Implementing a program of parental support and
        involvement in the education of students with autism spectrum
        disorders.
    (c) Duration of Grants.--A grant provided under this section shall
be--
            (1) for a period of not more than 5 years, of which not
        more than the first 2 years shall be used for planning; and
            (2) subject to annual approval by the Secretary and subject
        to the availability of appropriations for the fiscal year
        involved.
    (d) Limitation on Administrative Costs.--An eligible entity may use
not more than 20 percent of the funds received under this section for
the administrative costs of carrying out its responsibilities under
this section.
    (e) Applications.--To be eligible to receive a grant under this
section, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
    (f) Report.--The Secretary shall conduct an evaluation of the
demonstration program authorized by this section and, not later than 1
year after the date of the completion of the demonstration program,
shall prepare and submit to the President and the Congress a report on
such evaluation, together with recommendations for dissemination and
replication of the results of the program.
    (g) Definitions.--For purposes of this section:
            (1) The term ``autism spectrum disorders (ASDs)'' refers to
        complex disorders of brain development that can affect
        individuals with varying degrees from mild to severe, and is
        characterized by a combination of restricted repetitive and
        stereotyped behaviors, interests and activities; qualitative
        impairments in social interactions; and qualitative impairments
        in verbal and nonverbal communication.
            (2) The term ``eligible entity'' means an eligible local
        educational agency, or a consortia of such agencies, in
        partnership with--
                    (A) one or more institutions of higher education;
                or
                    (B) one or more nonprofit educational entities with
                documented expertise in working with children with
                autism.
            (3) The term ``eligible local educational agency'' means a
        local educational agency that has no less than 10 percent of
        its special education population identified with autism
        spectrum disorders, including, but not limited to, high
        functioning autism, Asperger syndrome, and PDD-NOS, and have
        documented a growth pattern in the number of these students.
            (4) The term ``institution of higher education'' has the
        meaning given such term in section 102 of the Higher Education
        Act of 1965 (20 U.S.C. 1002).
            (5) The term ``local educational agency'' has the meaning
        given the term in section 9101 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7801).
            (6) The term ``Secretary'' means the Secretary of
        Education.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Disaster Family Assistance
Act of 1996''.

SEC. 2. ASSISTANCE BY NATIONAL TRANSPORTATION SAFETY BOARD TO FAMILIES
              OF PASSENGERS INVOLVED IN AIRCRAFT ACCIDENTS.

    (a) Authority To Provide Assistance.--
            (1) In general.--Subchapter III of chapter 11 of title 49,
        United States Code, is amended by adding at the end the
        following:
``Sec. 1136. Assistance to families of passengers involved in aircraft
              accidents
    ``(a) In General.--As soon as practicable after being notified of
an aircraft accident within the United States involving an air carrier
or foreign air carrier and resulting in a major loss of life, the
Chairman of the National Transportation Safety Board shall--
            ``(1) designate and publicize the name and phone number of
        a director of family support services who shall be an employee
        of the Board and shall be responsible for acting as a point of
        contact within the Federal Government for the families of
        passengers involved in the accident and a liaison between the
        air carrier or foreign air carrier and the families; and
            ``(2) designate an independent nonprofit organization, with
        experience in disasters and posttrauma communication with
        families, which shall have primary responsibility for
        coordinating the emotional care and support of the families of
        passengers involved in the accident.
    ``(b) Responsibilities of the Board.--The Board shall have primary
Federal responsibility for facilitating the recovery and identification
of fatally-injured passengers involved in an accident described in
subsection (a).
    ``(c) Responsibilities of Designated Organization.--The
organization designated for an accident under subsection (a)(2) shall
have the following responsibilities with respect to the families of
passengers involved in the accident:
            ``(1) To provide mental health and counseling services, in
        coordination with the disaster response team of the air carrier
        or foreign air carrier involved.
            ``(2) To take such actions as may be necessary to provide
        an environment in which the families may grieve in private.
            ``(3) To meet with the families who have traveled to the
        location of the accident, to contact the families unable to
        travel to such location, and to contact all affected families
        periodically thereafter until such time as the organization, in
        consultation with the director of family support services
        designated for the accident under subsection (a)(1), determines
        that further assistance is no longer needed.
            ``(4) To communicate with the families as to the roles of
        the organization, government agencies, and the air carrier or
        foreign air carrier involved with respect to the accident and
        the post-accident activities.
            ``(5) To arrange a suitable memorial service, in
        consultation with the families.
    ``(d) Passenger Lists.--
            ``(1) Requests for passenger lists.--
                    ``(A) Requests by director of family support
                services.--It shall be the responsibility of the
                director of family support services designated for an
                accident under subsection (a)(1) to request, as soon as
                practicable, from the air carrier or foreign air
                carrier involved in the accident a list, which is based
                on the best available information at the time of the
                request, of the names of the passengers that were
                aboard the aircraft involved in the accident.
                    ``(B) Requests by designated organization.--The
                organization designated for an accident under
                subsection (a)(2) may request from the air carrier or
                foreign air carrier involved in the accident a list
                described in subparagraph (A).
            ``(2) Use of information.--The director of family support
        services and the organization may not release to any person
        information on a list obtained under paragraph (1) but may
        provide information on the list about a passenger to the family
        of the passenger to the extent that the director of family
        support services or the organization considers appropriate.
    ``(e) Continuing Responsibilities of the Board.--In the course of
its investigation of an accident described in subsection (a), the Board
shall, to the maximum extent practicable, ensure that the families of
passengers involved in the accident--
            ``(1) are briefed, prior to any public briefing, about the
        accident, its causes, and any other findings from the
        investigation; and
            ``(2) are individually informed of and allowed to attend
        any public hearings and meetings of the Board about the
        accident.
    ``(f) Use of Air Carrier Resources.--To the extent practicable, the
organization designated for an accident under subsection (a)(2) shall
coordinate its activities with the air carrier or foreign air carrier
involved in the accident so that the resources of the carrier can be
used to the greatest extent possible to carry out the organization's
responsibilities under this section.
    ``(g) Prohibited Actions.--
            ``(1) Actions to impede the board.--No person (including a
        State or political subdivision) may impede the ability of the
        Board (including the director of family support services
        designated for an accident under subsection (a)(1)), or an
        organization designated for an accident under subsection
        (a)(2), to carry out its responsibilities under this section or
        the ability of the families of passengers involved in the
        accident to have contact with one another.
            ``(2) Unsolicited communications.--In the event of an
        accident involving an air carrier providing interstate or
        foreign air transportation, no unsolicited communication
        concerning a potential action for personal injury or wrongful
        death may be made by an attorney, representative of an
        attorney, insurance company, or air carrier litigation
        representative to an individual injured in the accident, or to
        a relative of an individual involved in the accident, before
        the 30th day following the date of the accident.
    ``(h) Definitions.--In this section, the following definitions
apply:
            ``(1) Aircraft accident.--The term `aircraft accident'
        means any aviation disaster regardless of its cause or
        suspected cause.
            ``(2) Passenger.--The term `passenger' includes an employee
        of an air carrier aboard an aircraft.''.
            (2) Conforming amendment.--The table of sections for
        chapter 11 of such title is amended by inserting after the item
        relating to section 1135 the following:

``1136. Assistance to families of passengers involved in aircraft
                            accidents.''.
    (b) Penalties.--Section 1155(a)(1) of such title is amended--
            (1) by striking ``or 1134(b) or (f)(1)'' and inserting ``,
        section 1134(b), section 1134(f)(1), or section 1136(g)''; and
            (2) by striking ``either of'' and inserting ``any of''.

SEC. 3. AIR CARRIER PLANS TO ADDRESS NEEDS OF FAMILIES OF PASSENGERS
              INVOLVED IN AIRCRAFT ACCIDENTS.

    (a) In General.--Chapter 411 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 41113. Plans to address needs of families of passengers involved
              in aircraft accidents
    ``(a) Submission of Plans.--Not later than 6 months after the date
of the enactment of this section, each air carrier holding a
certificate of public convenience and necessity under section 41102 of
this title shall submit to the Secretary and the Chairman of the
National Transportation Safety Board a plan for addressing the needs of
the families of passengers involved in any aircraft accident involving
an aircraft of the air carrier and resulting in a major loss of life.
    ``(b) Contents of Plans.--A plan to be submitted by an air carrier
under subsection (a) shall include, at a minimum, the following:
            ``(1) A plan for publicizing a reliable, toll-free
        telephone number, and for providing staff, to handle calls from
        the families of the passengers.
            ``(2) A process for notifying the families of the
        passengers, before providing any public notice of the names of
        the passengers, either by utilizing the services of the
        organization designated for the accident under section
        1136(a)(2) of this title or the services of other suitably
        trained individuals.
            ``(3) An assurance that the notice described in paragraph
        (2) will be provided to the family of a passenger as soon as
        the air carrier has verified that the passenger was aboard the
        aircraft (whether or not the names of all of the passengers
        have been verified) and, to the extent practicable, in person.
            ``(4) An assurance that the air carrier will provide to the
        director of family support services designated for the accident
        under section 1136(a)(1) of this title, and to the organization
        designated for the accident under section 1136(a)(2) of this
        title, immediately upon request, a list (which is based on the
        best available information at the time of the request) of the
        names of the passengers aboard the aircraft (whether or not
        such names have been verified), and will periodically update
        the list.
            ``(5) An assurance that the family of each passenger will
        be consulted about the disposition of all remains and personal
        effects of the passenger.
            ``(6) An assurance that if requested by the family of a
        passenger, any possession of the passenger within the control
        of the air carrier (regardless of its condition) will be
        returned to the family unless the possession is needed for the
        accident investigation or any criminal investigation.
            ``(7) An assurance that any unclaimed possession of a
        passenger within the control of the air carrier will be
        retained by the air carrier for at least 18 months.
            ``(8) An assurance that the family of each passenger will
        be consulted about construction by the air carrier of any
        monument to the passengers, including any inscription on the
        monument.
            ``(9) An assurance that the treatment of the families of
        nonrevenue passengers (and any other victim of the accident)
        will be the same as the treatment of the families of revenue
        passengers.
            ``(10) An assurance that the air carrier will work with any
        organization designated under section 1136(a)(2) of this title
        on an ongoing basis to ensure that families of passengers
        receive an appropriate level of services and assistance
        following each accident.
            ``(11) An assurance that the air carrier will provide
        reasonable compensation to any organization designated under
        section 1136(a)(2) of this title for services provided by the
        organization.
            ``(12) An assurance that the air carrier will assist the
        family of a passenger in traveling to the location of the
        accident and provide for the physical care of the family while
        the family is staying at such location.
            ``(13) An assurance that the air carrier will commit
        sufficient resources to carry out the plan.
    ``(c) Certificate Requirement.--After the date that is 6 months
after the date of the enactment of this section, the Secretary may not
approve an application for a certificate of public convenience and
necessity under section 41102 of this title unless the applicant has
included as part of such application a plan that meets the requirements
of subsection (b).
    ``(d) Limitation on Liability.--An air carrier shall not be liable
for damages in any action brought in a Federal or State court arising
out of the performance of the air carrier in preparing or providing a
passenger list pursuant to a plan submitted by the air carrier under
subsection (b), unless such liability was caused by conduct of the air
carrier which was grossly negligent or which constituted intentional
misconduct.
    ``(e) Aircraft Accident and Passenger Defined.--In this section,
the terms `aircraft accident' and `passenger' have the meanings such
terms have in section 1136 of this title.''.
    (b) Conforming Amendment.--The table of sections for such chapter
is amended by adding at the end the following:

``41113. Plans to address needs of families of passengers involved in
                            aircraft accidents.''.

SEC. 4. ESTABLISHMENT OF TASK FORCE.

    (a) Establishment.--The Secretary of Transportation, in cooperation
with the National Transportation Safety Board, the Federal Emergency
Management Agency, the American Red Cross, air carriers, and families
which have been involved in aircraft accidents shall establish a task
force consisting of representatives of such entities and families,
representatives of air carrier employees, and representatives of such
other entities as the Secretary considers appropriate.
    (b) Model Plan and Recommendations.--The task force established
pursuant to subsection (a) shall develop--
            (1) a model plan to assist air carriers in responding to
        aircraft accidents;
            (2) recommendations on methods to ensure that attorneys and
        representatives of media organizations do not intrude on the
        privacy of families of passengers involved in an aircraft
        accident;
            (3) recommendations on methods to ensure that the families
        of passengers involved in an aircraft accident who are not
        citizens of the United States receive appropriate assistance;
            (4) recommendations on methods to ensure that State mental
        health licensing laws do not act to prevent out-of-state mental
        health workers from working at the site of an aircraft accident
        or other related sites;
            (5) recommendations on the extent to which military experts
        and facilities can be used to aid in the identification of the
        remains of passengers involved in an aircraft accident; and
            (6) recommendations on methods to improve the timeliness of
        the notification provided by air carriers to the families of
        passengers involved in an aircraft accident, including--
                    (A) an analysis of the steps that air carriers
                would have to take to ensure that an accurate list of
                passengers on board the aircraft would be available
                within 1 hour of the accident and an analysis of such
                steps to ensure that such list would be available
                within 3 hours of the accident;
                    (B) an analysis of the added costs to air carriers
                and travel agents that would result if air carriers
                were required to take the steps described in
                subparagraph (A); and
                    (C) an analysis of any inconvenience to passengers,
                including flight delays, that would result if air
                carriers were required to take the steps described in
                subparagraph (A).
    (c) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall transmit to Congress a report
containing the model plan and recommendations developed by the task
force under subsection (b).

SEC. 5. LIMITATION ON STATUTORY CONSTRUCTION.

    Nothing in this Act or any amendment made by this Act may be
construed as limiting the actions that an air carrier may take, or the
obligations that an air carrier may have, in providing assistance to
the families of passengers involved in an aircraft accident.

            Passed the House of Representatives September 18, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.


SECTION 1. AUTHORIZATION OF APPROPRIATIONS OF ADDITIONAL AMOUNT FOR
              FISCAL YEAR 2000 FOR DISASTER RELIEF FOR THE VICTIMS OF
              HURRICANE FLOYD.

    (a) Findings.--Congress finds that--
            (1) between August 29 and September 9, 1999, Hurricane
        Dennis hovered off the coast of North Carolina and eventually
        made landfall off Cape Hatteras;
            (2) Hurricane Dennis brought 20 inches of rain to portions
        of North Carolina, wiped out significant portions of the
        highway network on the North Carolina Outer Banks, and flooded
        homes and businesses;
            (3) Hurricane Dennis caused millions of dollars in damage
        to houses, businesses, farms, fishermen, roads, beaches and
        protective dunes;
            (4) between September 14 and 16, 1999, Hurricane Floyd
        menaced most of the southeastern seaboard of the United States,
        provoking the largest peace time evacuation of eastern Florida,
        the Georgia coast, the South Carolina coast, and the North
        Carolina Coast;
            (5) on September 16, 1999, in the early morning hours,
        Hurricane Floyd made landfall at the Cape Fear River, dumping
        up to 18 inches of rain on sections of North Carolina only days
        after the heavy rainfall from Hurricane Dennis;
            (6) the result of the landfall of Hurricane Floyd was the
        worst recorded flooding in the history of North Carolina;
            (7) after making landfall, Hurricane Floyd continued to
        move up the eastern seaboard, causing flooding and tornadoes in
        Virginia, Maryland, Pennsylvania, New Jersey, New York and
        Connecticut;
            (8) Hurricane Floyd is responsible for the known deaths of
        54 people, 35 of whom were confirmed dead in North Carolina, 3
        in New Jersey, 2 in New York, 6 in Pennsylvania, 4 in Virginia,
        2 in Delaware, 1 in Vermont, and 1 in Connecticut, with many
        people still missing;
            (9) as the flood waters recede, the death toll from
        Hurricane Floyd is expected to grow;
            (10) farmers and fishermen have been among the most
        drastically affected by Hurricane Floyd;
            (11) in North Carolina alone, the agricultural loss
        estimates are already $1,300,000,000, and are likely to rise
        far higher;
            (12) North Carolina is the third most agriculturally
        diverse State in the country, producing, among other products,
        tobacco, cotton, peanuts, soybeans, corn, sweet potatoes,
        livestock, dairy, and produce;
            (13) last year in North Carolina, the total commodities
        sold from the State topped $7 billion, and in Virginia they
        generated $2.4 billion in cash receipts;
            (14) in North Carolina, more than 100,000 hogs have
        drowned, and more than 3,000,000 poultry have been killed by
        the flooding;
            (15) an estimated 120,000,000 gallons of hog waste have
        spilled into the environment, polluting rivers and ground
        water, and dozens of waste lagoons have been destroyed or
        flooded;
            (16) millions of other animals in North Carolina are in
        danger of starving to death, trapped in areas where it is
        impossible to deliver feed;
            (17) 80 percent of the North Carolina cotton crop, 25
        percent of the Virginia cotton crop, 75 to 80 percent of the
        soybean crop, and 75 to 80 percent of the peanut crop
        (including 25 percent of the Virginia peanut crop) are expected
        to be lost;
            (18) the North Carolina sweet potato crop may be a complete
        loss;
            (19) seed crops in the area have been almost completely
        destroyed;
            (20) farming equipment throughout the area has been
        destroyed;
            (21) debris cleanup in affected areas will be overwhelming,
        and the possibility of soil contamination will have to be
        assessed on farms across the State; and
            (22) hundreds of fishermen have lost their boats as a
        result of the force of Hurricane Floyd and Hurricane Dennis.
    (b) Authorization of Appropriations.--
            (1) Agriculture.--There is authorized to be appropriated
        for the Department of Agriculture for fiscal year 2000,
        $3,000,000,000, to remain available until expended, for
        expenses of the Department relating to the provision of
        disaster relief for agricultural producers affected by
        Hurricane Floyd and for other Hurricane Floyd-related relief
        under--
                    (A) the flooded land reserve program, in accordance
                with section 1124 of the Agriculture, Rural
                Development, Food and Drug Administration, and Related
                Agencies Appropriations Act, 1998 (Public Law 105-277;
                7 U.S.C. 1421 note);
                    (B) the Wetlands Reserve Program, authorized by
                subchapter C of chapter 1 of subtitle D of title XII of
                the Food Security Act of 1985 (16 U.S.C. 3837);
                    (C) the Environmental Quality Incentives Program
                under chapter 4 of subtitle D of the Food Security Act
                of 1985 (16 U.S.C. 3839aa et seq.);
                    (D) the Emergency Conservation Program under title
                IV of the Agricultural Credit Act of 1978 (16 U.S.C.
                2201 et seq.);
                    (E) the rural housing insurance fund under section
                502 of the Housing Act of 1949 (42 U.S.C. 1487);
                    (F) the program to provide low income housing
                repair grants under section 504 of the Housing Act of
                1949 (42 U.S.C. 1474); and
                    (G) any other program that provides appropriate
                disaster relief, as determined by the Secretary of
                Agriculture.
            (2) Commerce.--There is authorized to be appropriated for
        the Department of Commerce for fiscal year 2000, $50,000,000
        for expenses of the Department of Commerce to provide emergency
        disaster assistance to persons or entities that have incurred
        losses from a commercial fishery failure described in 308(b)(1)
        of the Interjurisdictional Fisheries Act of 1986 (16 U.S.C.
        4107(b)) and due to Hurricane Floyd, to remain available until
        expended.
            (3) FEMA.--There is authorized to be appropriated for the
        Federal Emergency Management Agency for fiscal year 2000,
        $250,000,000 for emergency expenses resulting from Hurricane
        Floyd, to remain available until expended.
    (c) Construction.--The amounts authorized to be appropriated by
subsection (b) are in addition to any other amounts authorized to be
appropriated for the Department of Agriculture, the Department of
Commerce or the Federal Emergency Management Agency for fiscal year
2000 for the expenses described in that subsection.
    (d) Designation As Emergency Spending.--The appropriation of any
amount under an authorization of appropriations in subsection (b) shall
be--
            (1) designated as emergency spending in accordance with
        section 251(b)(2)(A) of the Balanced Budget and Emergency
        Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)); and
            (2) made available on an emergency basis.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Balanced Economic and Environmental
Priorities Act of 1994''.

SEC. 2. ECONOMIC IMPACT ANALYSES.

    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is
amended by adding at the end the following:
    ``(j) Economic Impact Analysis.--(1)(A) Notwithstanding any other
provision of this Act, an officer or employee of a Federal agency shall
not implement or enforce a designation, regulation, or recovery plan
described in subparagraph (B) unless--
            ``(i) the Secretary has prepared an economic impact
        analysis under this subsection with respect to the designation,
        regulation, or recovery plan;
            ``(ii) the Secretary determines, based on that analysis,
        that the benefits of that designation, regulation, or recovery
        plan outweigh the costs of that act; and
            ``(iii) the Secretary has published an economic impact
        statement describing the findings of that analysis.
    ``(B) The designation, regulations, and recovery plans referred to
in subparagraph (A) are the following:
            ``(i) A designation of critical habitat under subsection
        (a)(2).
            ``(ii) A protective regulation issued under subsection (d).
            ``(iii) A recovery plan developed under subsection (f).
    ``(2)(A) The Secretary shall perform an economic impact analysis in
accordance with this paragraph with respect to each designation,
regulation, and recovery plan described in paragraph (1)(B).
    ``(B) An economic impact analysis under this paragraph shall
include determination of the following:
            ``(i) The economic consequences of implementing and
        enforcing the designation, regulation, or recovery plan,
        including the aggregate statistical data which indicates--
                    ``(I) identifiable and potential job losses or
                diminishments resulting from that implementation and
                enforcement,
                    ``(II) identifiable losses or diminishments in the
                value of real property resulting from that
                implementation and enforcement, and
                    ``(III) losses or diminishments in the value of
                business enterprises resulting from that implementation
                and enforcement.
            ``(ii) The effect that implementing and enforcing the
        designation, regulation, or recovery plan will have on tax
        revenues received by the Federal Government or by State and
        local governments, including any revenue losses attributable to
        losses or diminishments in value described in clause (i).
            ``(iii) The effect that implementing and enforcing the
        designation, regulation, or recovery plan will have on outlays
        by Federal, State, and local governments, including--
                    ``(I) effects on payments made pursuant to
                subsection (l), and
                    ``(II) effects on expenditures required for
                unemployment compensation, aid to families with
                dependent children under part A of title IV of the
                Social Security Act, medicaid under title XIX of the
                Social Security Act, and other Federal, State, and
                local government programs.
            ``(iv) The effect that implementing and enforcing the
        designation, regulation, or recovery plan will have on the
        competitive position of any individual business enterprise or
        aggregate industry affected by that action, determined jointly
        with the Secretary of Commerce.
            ``(v) The ecological and economic impacts of the extinction
        of any species that implementation and enforcement is intended
        to prevent.
            ``(vi) Any other potential economic, budgetary, or
        ecological effects that the Secretary considers appropriate.
    ``(3) The Secretary shall determine, based on the analysis
performed under paragraph (2), whether the costs of implementing and
enforcing a designation, regulation, or recovery plan described in
paragraph (1)(B) outweigh the benefits of that implementation and
enforcement.''.

SEC. 3. LIMITATION OF ECONOMIC LOSSES CAUSED BY LISTING SPECIES AS
              ENDANGERED SPECIES OR THREATENED SPECIES; COMPENSATION.

    Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533),
as amended by section 2, is amended by adding at the end the following:
    ``(k) Limitation of Losses Caused by Listing Species as Endangered
Species or Threatened Species.--In implementing this Act with respect
to an endangered species or threatened species included in a list
published under subsection (c), the Secretary shall limit economic
losses incurred by persons as a result of that implementation.
    ``(l) Compensation for Losses and Diminishments in Value.--(1) The
Secretary shall pay to any person who incurs an economic loss as a
result of a species being included in a list of endangered species or
threatened species published under this section the amount of that
loss, including--
            ``(A) any diminishment in the value of tangible or
        intangible property, and
            ``(B) any loss resulting from the loss or diminishment of a
        job.
    ``(2) The Secretary shall issue regulations establishing procedures
for obtaining payments under this subsection.
    ``(3) A person may not recover any amount under this subsection for
any de minimis or wholly speculative loss.
    ``(4) Any denial by the Secretary of an application for payment
under this subsection may be appealed in the appropriate Federal
district court of the United States, including any determination by the
Secretary that a person is ineligible for payment by reason of
paragraph (3).
    ``(5) A person (including any State or local governmental entity)
may intervene in any proceeding under this subsection for the purpose
of assisting the Secretary in issuing payments under this
subsection.''.

SEC. 4. CONGRESSIONAL APPROVAL REQUIRED FOR ADDITIONS TO ENDANGERED
              SPECIES LIST.

    (a) Approval Requirement.--Section 4(c) of the Endangered Species
Act of 1973 (16 U.S.C. 1533(c)) is amended by adding at the end the
following:
            ``(3) Congressional approval required.--An addition of a
        species to the list of threatened or endangered species that is
        maintained under this subsection shall not be effective before
        the date of the enactment of an Act of Congress that approves
        that addition.''.
    (b) Application.--The amendment made by subsection (a) shall apply
to additions after the date of the enactment of this Act to the list of
threatened or endangered species.

SEC. 5. IMPLEMENTATION.

    (a) Effective Date.--The amendments made by sections 2 and 3 shall
be effective January 1, 1986.
    (b) Review of Prior Listings.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of the Interior shall--
            (1) review each addition on or after January 1, 1986, of a
        species to a list of endangered species or threatened species
        published under section 4 of the Endangered Species Act of 1973
        (16 U.S.C. 1533);
            (2) prepare with respect to each species so added an
        economic impact analysis and economic impact statement in
        accordance with the amendments made by this Act; and
            (3) publish a list of all designations of critical habitat,
        regulations, and recovery plans in effect on the date of that
        publication, the implementation and enforcement of which is
        prohibited by the amendments made by this Act.
    (c) Compensation for Losses.--A person may not be paid under
section 4(l) of the Endangered Species Act of 1973, as amended by this
Act, for any loss incurred as a result of a species being added to a
list of endangered species or threatened species published under that
Act during the period beginning January 1, 1986, and ending on the date
of the enactment of this Act, except for losses incurred as a result of
the implementation or enforcement of designations of critical habitat,
regulations, and recovery plans that are not included in the list
published under subsection (b)(3) of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ban Poisonous Additives Act of
2011''.

SEC. 2. REQUIREMENTS WITH RESPECT TO BISPHENOL A.

    (a) Ban on Use of Bisphenol A in Food and Beverage Containers for
Children.--
            (1) Baby food; unfilled baby bottles and cups.--Section 402
        of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is
        amended by adding at the end the following:
    ``(j)(1) If it is a food intended for children 3 years of age or
younger, the container of which (including the lining of such
container) is composed, in whole or in part, of bisphenol A.
    ``(2) If it is a baby bottle or cup that is composed, in whole or
in part, of bisphenol A.''.
            (2) Definition.--Section 201 of the Federal Food, Drug, and
        Cosmetic Act (21 U.S.C. 321) is amended by adding at the end
        the following:
    ``(rr) Baby Bottle or Cup.--For purposes of section 402(j), the
term `baby bottle or cup' means a bottle or cup that--
            ``(1) is intended to aid in the feeding or providing of
        drink to children 3 years of age or younger; and
            ``(2) does not contain a food when such bottle or cup is
        sold or distributed at retail.''.
            (3) Effective dates.--
                    (A) Baby food.--Section 402(j)(1) of the Federal
                Food, Drug, and Cosmetic Act, as added by paragraph
                (1), shall take effect 1 year after the date of
                enactment of this Act.
                    (B) Unfilled baby bottles and cups.--Section
                402(j)(2) of the Federal Food, Drug, and Cosmetic Act,
                as added by paragraph (1), shall take effect 180 days
                after the date of enactment of this Act.
    (b) Ban on Use of Bisphenol A in Infant Formula Containers.--
            (1) In general.--Section 412(a) of the Federal Food, Drug,
        and Cosmetic Act (21 U.S.C. 350a(a)) is amended--
                    (A) in paragraph (2), by striking ``, or'' and
                inserting ``,'';
                    (B) in paragraph (3), by striking the period at the
                end and inserting ``, or''; and
                    (C) by adding at the end the following:
            ``(4) the container of such infant formula (including the
        lining of such container and, in the case of infant formula
        powder, excluding packaging on the outside of the container
        that does not come into contact with the infant formula powder)
        is composed, in whole or in part, of bisphenol A.''.
            (2) Effective date.--The amendments made by paragraph (1)
        shall take effect 18 months after the date of enactment of this
        Act.
    (c) Regulation of Other Containers Composed of Bisphenol A.--
            (1) Safety assessment of products composed of bpa.--Not
        later than December 1, 2012, the Secretary of Health and Human
        Services (referred to in this Act as the ``Secretary'') shall
        issue a revised safety assessment for food containers composed,
        in whole or in part, of bisphenol A, taking into consideration
        different types of such food containers and the use of such
        food containers with respect to different foods, as
        appropriate.
            (2) Safety standard.--Through the safety assessment
        described in paragraph (1), and taking into consideration the
        requirements of section 409 of the Federal Food, Drug, and
        Cosmetic Act (21 U.S.C. 348) and section 170.3(i) of title 21,
        Code of Federal Regulations, the Secretary shall determine
        whether there is a reasonable certainty that no harm will
        result from aggregate exposure to bisphenol A through food
        containers or other items composed, in whole or in part, of
        bisphenol A, taking into consideration potential adverse
        effects from low dose exposure, and the effects of exposure on
        vulnerable populations, including pregnant women, infants,
        children, the elderly, and populations with high exposure to
        bisphenol A.
            (3) Application of safety standard to alternatives.--The
        Secretary shall use the safety standard described under
        paragraph (2) to evaluate the proposed uses of alternatives to
        bisphenol A.
    (d) Savings Provision.--Nothing in this section shall affect the
right of a State, political subdivision of a State, or Indian Tribe to
adopt or enforce any regulation, requirement, liability, or standard of
performance that is more stringent than a regulation, requirement,
liability, or standard of performance under this section or that--
            (1) applies to a product category not described in this
        section; or
            (2) requires the provision of a warning of risk, illness,
        or injury associated with the use of food containers composed,
        in whole or in part, of bisphenol A.
    (e) Definition.--For purposes of this section, the term
``container'' includes the lining of a container.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Benjamin Franklin True Patriot
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Benjamin Franklin stated: ``Those who would give up
        essential Liberty, to purchase a little temporary Safety,
        deserve neither Liberty nor Safety.''.
            (2) The First, Fourth, Fifth, Sixth, Eighth, and Fourteenth
        Amendments to the United States Constitution were established
        to protect the civil rights and liberties of all Americans in
        perpetuity.
            (3) Federal policies adopted since September 11, 2001,
        including provisions in the USA PATRIOT Act (Public Law 107-56)
        and related executive orders, regulations, and actions threaten
        fundamental rights and liberties, including the First, Fourth,
        Fifth, Sixth, Eighth, and Fourteenth Amendments to the
        Constitution by--
                    (A) authorizing the indefinite incarceration of
                noncitizens based on mere suspicion, and the indefinite
                incarceration of citizens designated by the President
                as ``enemy combatants'' without access to counsel or
                meaningful recourse to the Federal courts;
                    (B) limiting the traditional authority of Federal
                courts to curb law enforcement abuse of electronic
                surveillance in antiterrorism investigations and
                ordinary criminal investigations;
                    (C) expanding the authority of Federal agents to
                conduct so-called ``sneak and peek'' or ``black bag''
                searches, in which the subject of the search warrant is
                unaware that his or her property has been searched;
                    (D) granting law enforcement and intelligence
                agencies broad access to personal medical, financial,
                library, and education records with little if any
                judicial oversight;
                    (E) chilling constitutionally protected speech
                through overbroad definitions of ``terrorism'';
                    (F) creating divisions between immigrant
                communities and the police that protect them by
                encouraging involvement of State and local police in
                enforcement of Federal immigration law; and the police
                that protect them;
                    (G) permitting the FBI to conduct surveillance of
                religious services, internet chatrooms, political
                demonstrations, and other public meetings of any kind
                without having any evidence that a crime has been or
                may be committed; and
                    (H) mandating the closure of certain immigration
                removal hearings, including denying judges the
                authority to reject stays of release where bond has
                been ordered and denying noncitizens the right to a
                bond hearing.
            (4) Future legislation, such as legislation drafted
        entitled the Domestic Security Enhancement Act (DSEA) or
        PATRIOT II, contains a multitude of new and sweeping law
        enforcement and intelligence gathering powers many of which are
        not related to terrorism, and would severely dilute and
        undermine many basic constitutional rights as well as disturb
        our unique system of checks and balances by--
                    (A) diminishing personal privacy by removing
                important checks on government surveillance authority;
                    (B) reducing the accountability of government to
                the public by increasing government secrecy;
                    (C) expanding the definition of ``terrorism'' in a
                manner that threatens the constitutionally protected
                rights of Americans; and
                    (D) seriously eroding the right of all persons to
                due process of law.
            (5) The above new and unprecedented powers pose threats to
        all Americans and particularly to the civil rights and
        liberties of the residents of our Nation who are Arab, Muslim,
        or of South Asian descent.

SEC. 3. NINETY-DAY REVIEW PERIOD.

    Each provision of law, regulation, or other policy directive listed
in sections 4 through 10, and any amendments made by that provision,
shall cease to have effect 90 days after the date of the enactment of
this Act. During this 90-day period, the Congress may, at the request
of the President, hold hearings to determine whether a particular
section should be removed from the list in section 4.

SEC. 4. PROVISIONS IN THE USA PATRIOT ACT.

    The provisions in the USA PATRIOT Act (Public Law 107-56) to which
section 3 applies are:
            (1) Section 213, relating to ``sneak and peak searches''.
            (2) Section 214, relating to the use of pen registers for
        foreign intelligence purposes.
            (3) Section 215, relating to the obtaining by the
        Government of certain business records.
            (4) Section 216, relating to the use of pen registers in
        criminal cases.
            (5) Section 218, relating to the Foreign Intelligence
        Surveillance Act.
            (6) Section 411, relating to new grounds for deportation.
            (7) Section 412, relating to mandatory detention of certain
        aliens.
            (8) Section 505, relating to national security letters.
            (9) Section 507, relating to educational records.
            (10) Section 508, relating to collection and disclosure of
        individually identifiable information under the National
        Education Statistics Act of 1994.
            (11) Section 802, relating to the definition of domestic
        terrorism.

SEC. 5. PROVISIONS OF AVIATION SECURITY ACT EXCLUDING PERMANENT
              RESIDENT ALIENS FROM BEING BAGGAGE CHECKERS.

    Section 3 also applies to section 44935(e)(2)(A)(ii) of title 49,
United States Code.

SEC. 6. HOMELAND SECURITY ACT OF 2002 PROVISIONS.

    Section 3 also applies to the following provisions of the Homeland
Security Act of 2002:
            (1) Section 214, relating to an exemption from the Freedom
        of Information Act.
            (2) Section 871, relating to an exemption from the Federal
        Advisory Committee Act.

SEC. 7. IMMIGRATION REGULATIONS PROVISIONS.

    Section 3 also applies to the following provisions of regulations:
            (1) The regulation found at 66 Federal Register 48334-35
        (September 20, 2001) relating to time held without charges.
            (2) The regulation found at 66 Federal Register 54909-12
        (October 31, 2001) relating to automatic stays for the
        Government in immigration hearings.
            (3) The so-called ``Creppy memo'' that mandates closed
        immigration hearings in certain cases, and 67 Federal Register
        54878 (August 26, 2002) relating to restructuring appeals.
            (4) Any legal opinion or regulation that increases the
        powers of the Attorney General to authorize State or local law
        enforcement officers to exercise Federal immigration
        enforcement beyond those given in 8 CFR Part 2 or 28 CFR Part
        65.
            (5) The regulation found at 67 Federal Register 52584
        (August 12, 2002), relating to registration and monitoring of
        certain aliens, and all notices published pursuant to that
        regulation.

SEC. 8. ATTORNEY-CLIENT MONITORING.

    Section 3 also applies to the regulation found at 66 Federal
Register 55063, relating to monitoring conversations between attorneys
and clients.

SEC. 9. SECRECY ORDERS.

    Section 3 also applies to the memorandum of Attorney General
Ashcroft dated October 12, 2001 and relating to the disclosure of
documents under the Freedom of Information Act.

SEC. 10. THORNBURG GUIDELINES ON RELIGIOUS INSTITUTION SPYING.

    Section 3 also applies to any regulations having the effect of
changing the effect of the Attorney General's Guidelines on General
Crimes, Racketeering Enterprise and Domestic Security/Terrorism
Investigations approved by Attorney General Dick Thornburg for the
Department of Justice on March 21, 1989.