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PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pension Assistance and Counseling 
Act of 1999''.

SEC. 2. PENSION COUNSELING PROGRAMS.

    Title VII of the Older Americans Act of 1965 (42 U.S.C. 3058 et 
seq.) is amended--
            (1) by redesignating subtitle C as subtitle D;
            (2) by redesignating sections 761 through 764 as sections 
        791 through 794, respectively; and
            (3) by inserting after subtitle B the following:

                    ``Subtitle C--Pension Counseling

``SEC. 761. PENSION COUNSELING PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Pension and other retirement benefits.--The term 
        `pension and other retirement benefits' means private, civil 
        service, and other public pensions and retirement benefits, 
        including benefits provided under--
                    ``(A) the Social Security program carried out under 
                title II of the Social Security Act (42 U.S.C. 401 et 
                seq.);
                    ``(B) the railroad retirement program carried out 
                under the Railroad Retirement Act of 1974 (45 U.S.C. 
                231 et seq.);
                    ``(C) the government retirement benefits programs 
                carried out under--
                            ``(i) the Civil Service Retirement System 
                        set forth in subchapter III of chapter 83 of 
                        title 5, United States Code;
                            ``(ii) the Federal Employees Retirement 
                        System set forth in chapter 84 of title 5, 
                        United States Code;
                            ``(iii) title 10, United States Code; or
                            ``(iv) any other government retirement 
                        system, including any Government pension plan 
                        as such term is defined under section 9502 of 
                        title 31, United States Code; or
                    ``(D) the Employee Retirement Income Security Act 
                of 1974 (29 U.S.C. 1001 et seq.).
            ``(2) Pension counseling program.--The term `pension 
        counseling program' means a program described in subsection 
        (c).
    ``(b) Establishment.--The Assistant Secretary shall establish and 
carry out pension counseling projects. In carrying out the projects, 
the Assistant Secretary shall award grants under subsection (c) and 
(d).
    ``(c) Pension Counseling Programs.--
            ``(1) Use of funds.--In carrying out the projects specified 
        in subsection (b), the Assistant Secretary shall award grants 
        to eligible entities to establish programs that create or 
        continue a sufficient number of pension assistance and 
        counseling projects to provide outreach, information, 
        counseling, referral, and other assistance regarding pension 
        and other retirement benefits, and rights related to such 
        benefits, to individuals throughout the United States.
            ``(2) Award of grants.--
                    ``(A) Type of entity.--The Assistant Secretary 
                shall award under this subsection--
                            ``(i) grants to State agencies or area 
                        agencies on aging; and
                            ``(ii) grants to nonprofit organizations 
                        with a proven record of providing--
                                    ``(I) services related to 
                                retirement of older individuals; or
                                    ``(II) specific pension counseling.
                    ``(B) Panel.--In awarding grants under this 
                subsection, the Assistant Secretary shall use a citizen 
                advisory panel that shall include representatives of 
                business, labor, national senior advocates, and 
                national pension rights advocates.
                    ``(C) Criteria.--In awarding grants under this 
                subsection, the Assistant Secretary, after consultation 
                with the panel, shall use as criteria--
                            ``(i) evidence of commitment of an agency 
                        or organization to carry out a proposed pension 
                        counseling program;
                            ``(ii) the ability of the agency or 
                        organization to perform effective outreach to 
                        affected populations, particularly populations 
                        identified as in need of special outreach;
                            ``(iii) reliable information that the 
                        population to be served by the agency or 
                        organization has a demonstrable need for the 
                        services proposed to be provided under the 
                        program; and
                            ``(iv) evidence of ability of the agency or 
                        organization to provide services under the 
                        program on a statewide or regional basis.
            ``(3) Application.--
                    ``(A) In general.--To be eligible to receive a 
                grant under this subsection, an entity shall submit an 
                application to the Assistant Secretary at such time, in 
                such manner, and containing such information as the 
                Assistant Secretary may require, including, at a 
                minimum--
                            ``(i) a plan for the establishment of a 
                        pension counseling program to serve a specific 
                        geographic area; and
                            ``(ii) an assurance that staff members 
                        (including volunteer staff members) have no 
                        conflict of interest in providing the services 
                        described in the plan.
                    ``(B) Plan.--The plan described in subparagraph (A) 
                shall provide for a program that--
                            ``(i) establishes or continues a State or 
                        area pension counseling service;
                            ``(ii) provides counseling (including 
                        direct counseling and assistance to individuals 
                        needing information) and information that may 
                        assist individuals in establishing rights to, 
                        obtaining, and filing claims or complaints 
                        related to, pension and other retirement 
                        benefits;
                            ``(iii) provides information on sources of 
                        pension and other retirement benefits, 
                        including the benefits under programs described 
                        in subsection (a)(1);
                            ``(iv) makes referrals to legal services 
                        and other advocacy programs;
                            ``(v) establishes a system of referral to 
                        Federal, State, and local departments or 
                        agencies related to pension and other 
                        retirement benefits;
                            ``(vi) provides a sufficient number of 
                        staff positions (including volunteer positions) 
                        to ensure information, counseling, referral, 
                        and assistance regarding pension and other 
                        retirement benefits;
                            ``(vii) provides training programs for 
                        staff members, including volunteer staff 
                        members of the programs described in subsection 
                        (a)(1);
                            ``(viii) makes recommendations to the 
                        Administration, the Department of Labor, and 
                        other Federal, State, and local agencies 
                        concerning issues for older individuals related 
                        to pension and other retirement benefits; and
                            ``(ix) establishes or continues to provide 
                        projects to provide outreach, information, 
                        counseling, referral, and other assistance 
                        regarding pension and other retirement 
                        benefits, with particular emphasis on outreach 
                        to women, minorities, and low-income retirees.
    ``(d) Training and Technical Assistance Program.--
            ``(1) Use of funds.--In carrying out the projects described 
        in subsection (b), the Assistant Secretary shall award a grant 
        to an eligible entity to establish a training and technical 
        assistance program to provide--
                    ``(A) information and technical assistance to the 
                staffs of entities operating pension counseling 
                programs; and
                    ``(B) assistance to the entities, including 
                assistance in designing program evaluation tools.
            ``(2) Eligible entity.--Entities eligible to receive grants 
        under this subsection include nonprofit private organizations 
        with records of providing national information, referral, and 
        advocacy in matters related to pension and other retirement 
        benefits.
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, an entity shall submit an application to the 
        Assistant Secretary at such time, in such manner, and 
        containing such information as the Assistant Secretary may 
        require.
    ``(e) Pension Assistance Hotline and Interagency Coordination.--The 
Assistant Secretary shall enter into interagency agreements for the 
establishment and operation of, and dissemination of information about, 
a telephone hotline for individuals seeking outreach, information, 
counseling, referral, and assistance regarding pension and other 
retirement benefits, and rights related to such benefits. The Assistant 
Secretary shall also enter into agreements with the Secretary of Labor 
and with the heads of other Federal agencies that regulate the 
provision of pension and other retirement benefits, as the Assistant 
Secretary determines to be appropriate, in order to carry out this 
subsection and to develop a nationwide public-private pension 
assistance system.
    ``(f) Report to Congress.--
            ``(1) Preparation.--The Assistant Secretary shall prepare a 
        report that--
                    ``(A) summarizes the distribution of funds 
                authorized for grants under this section and the 
                expenditure of such funds;
                    ``(B) summarizes the scope and content of training 
                and assistance provided under a program carried out 
                under this section and the degree to which the training 
                and assistance can be replicated;
                    ``(C) outlines the problems that individuals 
                participating in programs funded under this section 
                encountered concerning rights related to pension and 
                other retirement benefits; and
                    ``(D) makes recommendations regarding the manner in 
                which services provided in programs funded under this 
                section can be incorporated into the ongoing programs 
                of State agencies, area agencies on aging, multipurpose 
                senior centers, and other similar entities.
            ``(2) Submission.--Not later than 30 months after the date 
        of enactment of this section, the Assistant Secretary shall 
        submit the report described in paragraph (1) to the Committee 
        on Education and the Workforce of the House of Representatives 
        and the Committee on Health, Education, Labor, and Pensions of 
        the Senate.
    ``(g) Administrative Expenses.--Of the funds appropriated under 
subsection (h) to carry out this section for a fiscal year, not more 
than $100,000 may be used by the Administration for administrative 
expenses in carrying out this section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of fiscal years 2000 through 2003.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Repealer.--Section 429J of the Older Americans Act of 1965 (42 
U.S.C. 3035r) is repealed.
    (b) Conforming Amendment.--Subsection (b) of section 794 of the 
Older Americans Act of 1965 (as redesignated in section 2(2)) is 
amended by striking ``entities described in section 751(c)'' and 
inserting ``persons and entities described in section 793(b)''.

SOLUTION: Specifies that such grants shall be awarded to: (1) State agencies or area agencies on aging; (2) nonprofit organizations with a proven record of providing services related to retirement of older individuals or specific pension counseling; and (3) an eligible entity to establish a training and technical assistance program to provide information and technical assistance to the staffs of entities operating pension counseling programs and assistance to such entities, including assistance in designing program evaluation tools. Makes nonprofit private organizations with records of providing national information, referral, and advocacy in matters related to pension and other retirement benefits eligible to receive training and technical assistance grants.
Requires the Assistant Secretary to enter into: (1) interagency agreements for the establishment and operation of, and dissemination of information about, a telephone hotline for individuals seeking outreach, information, counseling, referral, and assistance regarding pension and other retirement benefits, and rights related to such benefits; and (2) agreements with the Secretary of Labor and with the heads of other Federal agencies that regulate the provision of pension and other retirement benefits, as appropriate, in order to carry out this Act and to develop a nationwide public-private pension assistance system.
Authorizes appropriations.
Repeals provisions of the Act that establish pension rights demonstration projects.

PROBLEM: SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION.

    The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is 
amended by adding at the end the following:

``SEC. 43. ALEXANDER CREEK VILLAGE RECOGNITION.

    ``(a) Recognition of the Village of Alexander Creek.--Subject to 
the limitations of this section and notwithstanding section 1432(d) of 
the Alaska National Interest Lands Conservation Act (Public Law 96-487) 
to the contrary, Alexander Creek, located within Township 15N, Range 
7W, Seward Meridian, Alaska, is and shall be recognized as an eligible 
Native village under section 11(b)(3) of this Act.
    ``(b) Definitions.--For the purposes of this section, the following 
terms apply:
            ``(1) The term `agency' includes--
                    ``(A) any instrumentality of the United States;
                    ``(B) any element of an agency; and
                    ``(C) any wholly owned or mixed-owned corporation 
                of the United States Government identified in chapter 
                91 of title 31, United States Code.
            ``(2) The term `conservation system unit' has the meaning 
        given that term in the Alaska National Interest Lands 
        Conservation Act.
            ``(3) The term `Alexander Creek' means Alexander Creek 
        Incorporated, an Alaska Native Group corporation, organized 
        pursuant to this Act.
            ``(4) The term `property' has the meaning given that term 
        in Public Law 94-204 (43 U.S.C. 1611 note).
            ``(5) The term `Region' means Cook Inlet Region 
        Incorporated, an Alaska Native Regional Corporation, which is 
        the appropriate Regional Corporation for Alexander Creek under 
        section 1613(h) of this Act.
            ``(6) The term `CIRI Property Account' means the account in 
        the Treasury established by the Secretary of the Treasury 
        pursuant to section 12(b) of Public Law 94-204 (43 U.S.C. 1611 
        note), referred to in that section as the `Cook Inlet Region, 
        Incorporated property account'.
    ``(c) Establishment.--(1) The Secretary of the Treasury, in 
consultation with the Secretary of the Interior, shall establish an 
account in the Treasury to be known as the `Alexander Creek account' 
which shall be funded in the full amount provided for by this section 
within 24 months of the date of enactment of this section
    ``(2) Funds in the Alexander Creek account shall--
            ``(A) be available to Alexander Creek for bidding on and 
        purchasing property sold at public sale, subject to paragraph 
        (3); and
            ``(B) remain available until expended.
    ``(3)(A) Alexander Creek may use funds in the Alexander Creek 
account to bid as any other bidder for property in Alaska at any public 
sale by an agency and may purchase such property in accordance with 
applicable laws and regulations of the agency offering the property for 
sale.
    ``(B) In conducting a transaction described in subparagraph (A), an 
agency shall accept, in the same manner as cash, any amount tendered 
from the Alexander Creek account. The Secretary of the Treasury shall 
adjust the balance of the Alexander Creek account to reflect the 
transaction.
    ``(C) The Secretary of the Treasury, in consultation with the 
Secretary of the Interior, shall establish procedures for the following 
transactions related to the Alexander Creek account:
            ``(i) Receipt of deposits.
            ``(ii) Receipt of deposits into escrow when an escrow is 
        required for the sale of property.
            ``(iii) Reinstatement to the Alexander Creek account of any 
        unused escrow deposits in the event that a sale of property is 
        not consummated.
    ``(d) Amount.--(1) The initial balance of the Alexander Creek 
account shall be the fair market value as determined by the appraisal 
conducted under subsection (g) of the surface estate of the 
approximately 61,440 acres of deficiency selections previously made by 
Alexander Creek, which comprise the following parcels of land:
                    ``T. 2 T., R. 19 W., secs. 3 and 4.
                    ``T. 2 T., R. 19 W., sec. 10.
                    ``T. 2 T., R. 19 W., secs. 14 and 15.
                    ``T. 3 T., R. 19 W., sec. 30.
                    ``T. 2 T., R. 20 W., secs. 20 through 23.
                    ``T. 3 T., R. 20 W., sec. 10.
                    ``T. 3 T., R. 20 W., sec. 14.
                    ``T. 3 T., R. 20 W., secs. 24 and 25.
                    ``T. 1 T., R. 26 W., sec. 31.
                    ``T. 2 T., R. 27 W., secs. 3 and 4.
                    ``T. 2 T., R. 29 W., secs. 3 through 5.
                    ``T. 2 S., R. 19 W., sec. 18.
                    ``T. 2 S., R. 20 W., secs. 12 and 13.
                    ``T. 2 S., R. 20 W., sec. 24.
                    ``T. 2 S., R. 20 W., secs. 26 and 27.
                    ``T. 2 S., R. 20 W., secs. 33 and 34.
                    ``T. 3 S., R. 23 W., sec. 25.
                    ``T. 6 S., R. 24 W., secs. 1 and 2.
                    ``T. 6 S., R. 24 W., sec. 11.
                    ``T. 6 S., R. 24 W., secs. 18 through 20.
                    ``T. 9 S., R. 27 W., secs. 6 and 7.
                    ``T. 7 S., R. 28 W., sec. 2.
                    ``T. 7 S., R. 28 W., sec. 21.
                    ``T. 7 S., R. 28 W., secs. 28 and 29.
                    ``T. 7 S., R. 28 W., secs. 31 through 33.
                    ``T. 8 S., R. 28 W., secs. 5 through 7.
                    ``T. 9 S., R. 28 W., sec. 1.
                    ``T. 9 S., R. 28 W., sec. 12.
                    ``T. 7 S., R. 29 W., sec. 12.
                    ``T. 8 S., R. 29 W., sec. 1.
                    ``T. 8 S., R. 29 W., secs. 3 and 4.
                    ``T. 8 S., R. 29 W., secs. 8 through 20.
                    ``T. 2 N., R. 20 W., sec. 13.
                    ``T. 1 N., R. 27 W., sec. 8.
                    ``T. 1 N., R. 27 W., sec. 16.
                    ``T. 1 N., R. 27 W., secs. 20 through 23.
                    ``T. 1 N., R. 27 W., sec. 25.
                    ``T. 1 N., R. 27 W., sec. 36.
                    ``T. 1 N., R. 28 W., secs. 1 and 2.
                    ``T. 1 N., R. 28 W., secs. 8 through 11.
                    ``T. 1 N., R. 28 W., secs. 16 through 18.
                    ``T. 3 S., R. 23 W., sec. 8.
                    ``T. 3 S., R. 23 W., sec. 26.
                    ``T. 3 S., R. 23 W., sec. 33.
                    ``T. 6 S., R. 24 W., secs. 27 and 28.
                    ``T. 7 S., R. 28 W., secs. 4 through 7.
                    ``T. 7 S., R. 28 W., secs. 10 and 11.
                    ``T. 7 S., R. 28 W., secs. 14 and 15.
                    ``T. 7 S., R. 28 W., sec. 22.
                    ``T. 8 S., R. 29 W., sec. 5.
                    ``T. 2 N., R. 20 W., sec. 30.
                    ``T. 3 N., R. 20 W., sec. 2.
                    ``T. 3 N., R. 20 W., sec. 13.
                    ``T. 4 N., R. 20 W., sec. 33.
                    ``T. 2 N., R. 27 W., secs. 10 through 12.
                    ``T. 11 N., R. 28 W., secs. 16 through 27.
                    ``T. 2 N., R. 30 W., sec. 12.
                    ``T. 1 S., R. 20 W., sec. 4.
                    ``T. 3 S., R. 23 W., sec. 17.
                    ``T. 3 S., R. 23 W., sec. 28.
                    ``T. 6 S., R. 24 W., sec. 14.
                    ``T. 6 S., R. 24 W., sec. 21.
                    ``T. 6 S., R. 24 W., sec. 26.
                    ``T. 5 S., R. 26 W., secs. 29 and 30.
                    ``T. 7 S., R. 28 W., sec. 1.
                    ``T. 7 S., R. 29 W., sec. 1.
                    ``T. 7 S., R. 29 W., sec. 11.
                    ``T. 7 S., R. 29 W., secs. 14 through 16.
                    ``T. 7 S., R. 29 W., secs. 21 and 22.
                    ``T. 2 N., R. 19 W., sec. 7.
                    ``T. 2 N., R. 19 W., sec. 18.
    ``(2) The balance of the CIRI Property Account shall be increased 
by an amount equal to the fair market value of the subsurface estate of 
the approximately 61,440 acres of deficiency selections made by 
Alexander Creek, as described in paragraph (1): Provided, That the 
value of such subsurface estate shall not be less than 61,440 
multiplied by the acre equivalent value of the Region's entitlement 
lands under paragraph (2) of the second section of 12(b)(7)(iv) of the 
Act of January 2, 1976 (Public Law 94-204). The funds added to the CIRI 
Property Account pursuant to this subsection shall be segregated from 
all other funds therein by a method to be mutually agreed by CIRI and 
the Secretary of the Treasury.
    ``(e) Land Exchange.--The Secretary of the Interior shall enter 
into negotiations with Alexander Creek, no later than 180 days after 
the date of the enactment of this Act, to attempt to conclude, under 
the authority of section 22(f), a land exchange to acquire lands not 
within any conservation system unit from the State of Alaska or the 
Matanuska-Susitna Borough under the same procedures set forth in 
section 22(f) to enable Alexander Creek to obtain additional public 
lands within Alexander Creek's original withdrawal area in Alaska, as 
identified by Alexander Creek. The subsurface to lands conveyed to 
Alexander Creek under subsection (d) shall be conveyed, without 
consideration, to the Region and shall be treated for all purposes as 
subsurface land conveyed to the Region under section 14(f). Any land 
exchange to be undertaken pursuant to this subsection must be approved 
by Alexander Creek, and must be completed no later than 36 months after 
the date of the enactment of this Act.
    ``(f) Adjustment in Account.--If a conveyance of surface estate is 
made to Alexander Creek pursuant to subsection (e), the Alexander Creek 
account shall be reduced by the amount of the actual acres conveyed 
multiplied by the average value per acre of the surface acres appraised 
under subsection (g). If a conveyance of subsurface estate is made to 
the Region pursuant to subsection (d), the CIRI Property Account shall 
be reduced by the amount of the actual acres conveyed multiplied by the 
average value per acre of the subsurface acres appraised under 
subsection (g).
    ``(g) Appraisal.--(1)(A) Subject to subsection (d)(2), the 
Secretary shall determine the amount to be deposited into the Alexander 
Creek and CIRI Property accounts by separately appraising, on a 
reasonable basis, based on all available evidence, the fair market 
value, as of the date of the enactment of this section, of the surface 
and subsurface of each section selected as a separate parcel and 
considering that `public interest' use may be the highest and best use 
of such parcels.
    ``(B) Alexander Creek and the Region shall each have the 
opportunity to present evidence of value to the Secretary solely with 
respect to the respective estates involved, comprising surface estate 
for Alexander Creek and subsurface estate for the Region. The Secretary 
shall provide Alexander Creek and the Region with a preliminary draft 
of the appraisal. Alexander Creek and the Region shall have a 
reasonable and sufficient opportunity to comment on the appraisal.
    ``(2) The Secretary shall forward a certified copy of the appraisal 
of their separate and respective estates each to Alexander Creek, and 
the Region.
    ``(h) Implementation.--(1) Alexander Creek may assign to any person 
or corporation without restriction any or all of the Alexander Creek 
account upon written notification to the Secretary of the Treasury and 
the Secretary of the Interior. In the event that such an assignment is 
made to the Region, on notice from Alexander Creek to the Secretary of 
the Treasury and the Secretary of the Interior, and subject to the 
written consent of the Region in its sole and absolute discretion, the 
amount of such assignment shall be added to or made a part of the CIRI 
Property Account, and may be used in the same manner as other funds in 
that account.
    ``(2) Except for such lands as Alexander Creek has received prior 
to enactment of this section, and such lands it is entitled to recover 
as a Group Corporation, upon completion by the Secretary of the 
Interior of the appraisal process pursuant to subsection (g), and 
notification to the Secretary from Alexander Creek that Alexander Creek 
accepts the results of the appraisal process, Alexander Creek shall be 
deemed to have accepted the terms of this section in lieu of any other 
land entitlement it could have received as a village pursuant to this 
Act, including, without limitation, any lands it would have received 
pursuant to section 12(b). Such acceptance shall satisfy all claims 
Alexander Creek had or may have had against the United States on the 
date of the enactment of this section.
    ``(3) Any land acquired by Alexander Creek with funds from the 
Alexander Creek account shall be deemed to be a conveyance pursuant to 
this Act.
    ``(i) Treatment of Amounts From the Alexander Creek Account.--The 
Secretary of the Treasury and the heads of agencies shall administer 
sales pursuant to this section in the same manner as is provided for 
any other Native village authorized by law as of the date of the 
enactment of this section (including the use of similar accounts for 
bidding on and purchasing property sold for public sale).
    ``(j) Limitation on Agents' and Attorneys' Fees.--No more than 2.5 
percent of payments received by or on behalf of Alexander Creek under 
this section may be paid to or received by any agent or attorney for 
services rendered in connection with obtaining such payment, any 
contract to the contrary notwithstanding. Any person who violates this 
subsection shall be guilty of a misdemeanor and shall be subject to a 
fine in the amount provided in title 18, United States Code.
    ``(k) Shareholder Participation.--Alexander Creek shall notify each 
member of the Native village recognized under this section that, upon 
the effective date of this provision, such members shall cease to 
receive benefits from the Region as at-large shareholders pursuant to 
section 7(m), and that all future resource payments from the Region 
shall be made to the Village Corporation pursuant to section 7(j). The 
Region shall not be liable under any State, Federal or local law, or 
under State or Federal common law, for damages arising out of or 
related to the cessation of payments to such individuals under section 
7(m) pursuant to this section.
    ``(l) Statutory Construction.--Nothing in this section shall be 
construed to--
            ``(1) limit, alter, violate, breach, or otherwise affect 
        the rights of any party under a contract, settlement agreement, 
        or land exchange entered into prior to enactment of this 
        section between Alexander Creek and any party, or one or more 
        parties to any contract, settlement, agreement, or land 
        exchange predicated upon Alexander Creek's Native village 
        status under this Act; or
            ``(2) diminish, reduce, or modify the acreage entitlement 
        to which Alexander Creek became entitled to as a Group 
        Corporation.''.

SOLUTION: Amends the Alaska Native Claims Settlement Act (ANCSA) to recognize the village of Alexander Creek, Alaska, as eligible for land and benefits under the Act, notwithstanding specified provisions of the Alaska National Interest Lands Conservation Act.

Establishes in the Treasury the Alexander Creek account and makes the account's funds available to Alexander Creek Incorporated for purchasing property sold at public sale. Increases the existing CIRI Property Account's balance by the subsurface value of Alexander Creek's selections.

Directs the Secretary of the Interior to negotiate for a land exchange to acquire the surface estate in lands not in any conservation system unit from Alaska or the Mantanuska-Susitna Borough to enable Alexander Creek to obtain additional public lands in Alexander Creek's original withdrawal area in Alaska.

Requires the subsurface estate to the lands conveyed to Alexander Creek to be conveyed to CIRI.

Deems Alexander Creek, on completion (and acceptance by Alexander Creek) of an appraisal, to have accepted the terms of this Act in lieu of any other land entitlement it could have received as a village under ANCSA. Requires that such acceptance satisfy all claims of Alexander Creek against the United States.

Requires Alexander Creek to notify each Alexander Creek member that the members will cease to receive benefits from CIRI as at-large shareholders and that all future resource payments from the Region will be made to the Village Corporation. Relieves CIRI from liability under any state, federal, or local law for damages related to that payment cessation.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Oversight of Iran's 
Access to Finance Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Under the Joint Comprehensive Plan of Action (JCPOA), 
        informally known as the Iran nuclear deal, the Obama 
        administration agreed to license the sale of commercial 
        passenger aircraft to Iran, the world's foremost state sponsor 
        of terrorism and a jurisdiction of primary money laundering 
        concern.
            (2) In April 2015, prior to the adoption of the JCPOA, 
        Secretary of the Treasury Jacob Lew, in publicly advocating for 
        its provisions, stated: ``Make no mistake: deal or no deal, we 
        will continue to use all our available tools, including 
        sanctions, to counter Iran's menacing behavior. Iran knows that 
        our host of sanctions focused on its support for terrorism and 
        its violations of human rights are not, and have never been, up 
        for discussion.''.
            (3) In March 2016 remarks to the Carnegie Endowment for 
        International Peace, Secretary Lew, in reference to U.S. 
        commitments under the JCPOA, stated: ``While we have lifted the 
        nuclear sanctions, we continue to enforce sanctions directed at 
        support for terrorism and regional destabilization, and missile 
        and human rights violations.''.
            (4) In an April 2016 forum at the Council on Foreign 
        Relations, Secretary Lew stated that, under the JCPOA, the U.S. 
        committed to lifting its nuclear sanctions, ``but the U.S. 
        financial system is not open to Iran, and that is not something 
        that is going to change''.
            (5) In September 2016, the Department of the Treasury's 
        Office of Foreign Assets Control (OFAC) issued licenses 
        permitting the export of up to 97 aircraft for use by Iran Air, 
        the Islamic Republic of Iran's flagship state-owned carrier. 
        These licenses included authorization for U.S. financial 
        institutions ``to engage in all transactions necessary to 
        provide financing or other financial services'' in order to 
        effectuate the sales. In November 2016, OFAC licensed an 
        additional 106 aircraft for purchase by Iran Air, which are 
        also eligible for financing authorized by OFAC.
            (6) The Department of the Treasury had sanctioned Iran Air 
        in 2011 for its use of commercial passenger aircraft to 
        transport rockets, missiles, and other military cargo on behalf 
        of the Islamic Revolutionary Guard Corps (IRGC) and Iran's 
        Ministry of Defense and Armed Forces Logistics, both of which 
        had been designated under Executive Order No. 13382 for weapons 
        proliferation-related activities. In October 2017, the IRGC 
        went on to be designated under Executive Order No. 13224 for 
        its support of the IRGC-Qods Force, which has provided support 
        to terrorist groups such as Hizballah, Hamas, and the Taliban.
            (7) Among Iran Air's sanctionable activities, the airline 
        delivered missile or rocket components to the Assad government 
        in Syria, which like Iran is classified as a state sponsor of 
        terrorism.
            (8) The Assad regime is responsible for a civil conflict 
        that has claimed an estimated 400,000 lives, including through 
        the government's deployment of chemical weapons and barrel 
        bombs against unarmed civilians and children.
            (9) Despite being delisted in 2016, Iran Air has continued 
        to fly known weapons resupply routes to government-controlled 
        areas of Syria. According to research by the Foundation for 
        Defense of Democracies, between Implementation Day of the JCPOA 
        on January 16, 2016, and May 4, 2017, Iran Air operated at 
        least 134 flights to Syria, which included stops in Abadan, 
        Iran, a suspected IRGC logistical hub for airlifts to the Assad 
        regime.
            (10) In November 2016 correspondence to the Chairman of the 
        House Committee on Financial Services, the Department of the 
        Treasury noted that the commitment to delist Iran Air under the 
        JCPOA ``does not affect our ability to designate, or re-
        designate, any Iranian airline that engages in sanctionable 
        activity. The United States retains the ability to designate 
        any individual or entity that engages in sanctionable 
        activities under our authorities targeting conduct outside the 
        scope of the JCPOA, including Iran's support for terrorism, 
        human rights abuses, ballistic missile program, and other 
        destabilizing activities in the region.''.
            (11) In April 2017, Iran announced a deal for Aseman 
        Airlines to purchase up to 60 commercial aircraft, a 
        transaction that would require authorization by OFAC. Aseman 
        Airlines' chief executive officer, Hossein Alaei, has for 
        decades served as a senior member of the IRGC.

SEC. 3. CERTIFICATIONS FOR AIRCRAFT-RELATED TRANSACTIONS BY UNITED 
              STATES AND FOREIGN FINANCIAL INSTITUTIONS.

    (a) In General.--Not later than 30 days after authorizing a 
transaction by a United States or foreign financial institution in 
connection with the export or re-export of a commercial passenger 
aircraft to Iran (or, for an authorization made after January 16, 2016, 
but before the date of the enactment of this Act, not later than 60 
days after such date of enactment), and every 180 days thereafter for 
the duration of the authorization, the Secretary of the Treasury shall 
submit the report described under subsection (b) to the appropriate 
congressional committees.
    (b) Report With Respect to Financial Institutions' Iran-Related 
Transactions and Due Diligence.--With respect to a financial 
institution and a transaction described under subsection (a), a report 
is described under this subsection if it contains--
            (1) a list of financial institutions that, since January 
        16, 2016, have conducted transactions authorized by the 
        Secretary in connection with the export or re-export of 
        commercial passenger aircraft to Iran; and
            (2) either--
                    (A) a certification that--
                            (i) the transaction does not pose a 
                        significant money laundering or terrorism 
                        financing risk to the United States financial 
                        system;
                            (ii) the transaction will not benefit an 
                        Iranian person that, since the date that is 1 
                        year preceding the date of the certification--
                                    (I) has knowingly transported items 
                                used for the proliferation of weapons 
                                of mass destruction, including systems 
                                designed in whole or in part for the 
                                delivery of such weapons;
                                    (II) has knowingly transported 
                                items used to establish in Syria a 
                                permanent military presence of either 
                                Iranian military forces or Iranian 
                                backed militia; or
                                    (III) has knowingly provided 
                                transportation services or material 
                                support for, or on behalf of, any 
                                person designated under Executive Order 
                                Nos. 13224, 13382, or 13572; and
                            (iii) any financial institution described 
                        under subsection (b)(1) has had since the date 
                        such authorization was made, or, if the 
                        authorization is no longer in effect, had for 
                        the duration of such authorization, appropriate 
                        policies, procedures, and processes in place to 
                        avoid engaging in sanctionable activities that 
                        may result from the financial institutions' 
                        exposure to Iran; or
                    (B) a statement that the Secretary is unable to 
                make the certification described under subparagraph (A) 
                and a notice that the Secretary will, not later than 60 
                days after the date the determination is submitted to 
                the appropriate congressional committees, issue a 
                report on non-certification described under subsection 
                (c) to the appropriate congressional committees.
    (c) Report on Non-Certification.--With respect to a financial 
institution and a transaction described under subsection (a), a report 
on non-certification is described under this subsection if it 
contains--
            (1) a detailed explanation for why the Secretary is unable 
        to make the certification described under subsection (b)(2);
            (2) a notification of whether the Secretary will--
                    (A) not amend the authorization of the transaction 
                with respect to a financial institution, 
                notwithstanding such non-certification;
                    (B) suspend the authorization until the Secretary 
                is able to make such certification;
                    (C) revoke the authorization; or
                    (D) otherwise amend the authorization; and
            (3) an explanation of the reasons for any action to be 
        taken described under paragraph (2).
    (d) Waiver.--The President may waive, on a case-by-case basis, the 
provisions of this Act for up to 1 year at a time upon certifying to 
the appropriate congressional committees that--
            (1) the Government of Iran has--
                    (A) made substantial progress towards combating 
                money laundering and terrorism financing risk emanating 
                from Iran; or
                    (B) has significantly reduced Iran's--
                            (i) destabilizing activities in the region; 
                        or
                            (ii) material support for terrorist groups; 
                        or
            (2) such waiver is important to the national security 
        interests of the United States, with an explanation of the 
        reasons therefor.
    (e) Termination.--This section shall cease to be effective on the 
date that is 30 days after the date on which the President certifies to 
the appropriate congressional committees that--
            (1)(A) the Secretary does not find, under section 5318A of 
        title 31, United States Code, that reasonable grounds exist for 
        concluding that Iran is a jurisdiction of primary money 
        laundering concern; and
            (B) Iran has ceased providing support for acts of 
        international terrorism; or
            (2) terminating the provisions of this section is vital to 
        the national security interests of the United States, with an 
        explanation of the reasons therefor.
    (f) Definitions.--For purposes of this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the committees 
        on Financial Services and Foreign Affairs of the House of 
        Representatives and the committees on Banking, Housing, and 
        Urban Affairs and Foreign Relations of the Senate.
            (2) Financial institution.--The term ``financial 
        institution'' means a United States financial institution or a 
        foreign financial institution.
            (3) Foreign financial institution.--The term ``foreign 
        financial institution'' has the meaning given that term under 
        section 561.308 of title 31, Code of Federal Regulations.
            (4) Knowingly.--The term ``knowingly'', with respect to 
        conduct, a circumstance, or a result, means that a person has 
        actual knowledge, or should have known, of the conduct, the 
        circumstance, or the result.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
            (6) United states financial institution.--The term ``United 
        States financial institution'' has the meaning given the term 
        ``U.S. financial institution'' under section 561.309 of title 
        31, Code of Federal Regulations.

            Passed the House of Representatives December 14, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

SOLUTION:
Strengthening Oversight of Iran's Access to Finance Act (Sec. 3) This bill sets forth reporting requirements with respect to the export of commercial passenger aircrafts to Iran. The Department of the Treasury must report on financial institutions conducting transactions regarding such exports. Additionally, Treasury must determine if such transactions pose a risk relating to money laundering, terrorism, or other sanctionable activities. The President may waive the requirements of this bill under certain circumstances.