In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
--------
Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Advanced Technologies for 
Efficient Resource Use Act of 2009''.

SEC. 2. WATERSENSE.

    (a) In General.--There is established within the Environmental 
Protection Agency a WaterSense program to identify and promote water 
efficient products, buildings and landscapes, and services in order--
            (1) to reduce water use;
            (2) to reduce the strain on water, wastewater, and 
        stormwater infrastructure;
            (3) to conserve energy used to pump, heat, transport, and 
        treat water; and
            (4) to preserve water resources for future generations,
through voluntary labeling of, or other forms of communications about, 
products, buildings and landscapes, and services that meet the highest 
water efficiency and performance standards.
    (b) Duties.--The Administrator of the Environmental Protection 
Agency shall--
            (1) promote WaterSense labeled products, buildings and 
        landscapes, and services in the market place as the preferred 
        technologies and services for--
                    (A) reducing water use; and
                    (B) ensuring product and service performance;
            (2) work to enhance public awareness of the WaterSense 
        label through public outreach, education, and other means;
            (3) establish and maintain performance standards so that 
        products, buildings and landscapes, and services labeled with 
        the WaterSense label perform as well or better than their less 
        efficient counterparts;
            (4) publicize the importance of proper installation of 
        WaterSense plumbing products by a WaterSense-certified or, if 
        WaterSense certification guidelines do not exist, licensed 
        plumber or mechanical contractor, and the installation, 
        maintenance, and audit of WaterSense irrigation systems by a 
        WaterSense-certified irrigation professional to ensure optimal 
        performance;
            (5) preserve the integrity of the WaterSense label;
            (6) regularly review and, when appropriate, update 
        WaterSense criteria for categories of products, buildings and 
        landscapes, and services, at least once every four years;
            (7) regularly collect and make available to the public 
        summary data on the production and relative market shares of 
        WaterSense labeled products, buildings and landscapes, and 
        services, at least annually;
            (8) regularly estimate and make available to the public the 
        water and energy savings attributable to the use of WaterSense 
        labeled products, buildings and landscapes, and services, at 
        least annually;
            (9) solicit comments from interested parties and the public 
        prior to establishing or revising a WaterSense category, 
        specification, installation criterion, or other criterion (or 
        prior to effective dates for any such category, specification, 
        installation criterion, or other criterion);
            (10) provide reasonable notice to interested parties and 
        the public of any changes (including effective dates), on the 
        adoption of a new or revised category, specification, 
        installation criterion, or other criterion, along with--
                    (A) an explanation of changes; and
                    (B) as appropriate, responses to comments submitted 
                by interested parties;
            (11) provide appropriate lead time (as determined by the 
        Administrator) prior to the applicable effective date for a new 
        or significant revision to a category, specification, 
        installation criterion, or other criterion, taking into account 
        the timing requirements of the manufacturing, marketing, 
        training, and distribution process for the specific product, 
        building and landscape, or service category addressed; and
            (12) identify and, where appropriate, implement other 
        voluntary approaches, such as labeling waterless devices that 
        perform the same function as a water consuming product or 
        encouraging reuse, reclamation, and recycling technologies, in 
        commercial, institutional, residential, municipal, and 
        industrial sectors to improve water efficiency or lower water 
        use while meeting the performance standards established under 
        paragraph (3).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $7,500,000 for fiscal year 2010, $10,000,000 for fiscal 
year 2011, $20,000,000 for fiscal year 2012, and $50,000,000 for fiscal 
year 2013 and each year thereafter, adjusted for inflation, to carry 
out this section.

SEC. 3. FEDERAL PROCUREMENT OF WATER EFFICIENT PRODUCTS.

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 7902(a) of title 5, United States Code.
            (2) Watersense product or service.--The term ``WaterSense 
        product or service'' means a product or service that is rated 
        for water efficiency under the WaterSense program.
            (3) Watersense program.--The term ``WaterSense program'' 
        means the program established by section 2 of this Act.
            (4) FEMP designated product.--The term ``FEMP designated 
        product'' means a product that is designated under the Federal 
        Energy Management Program of the Department of Energy as being 
        among the highest 25 percent of equivalent products for 
        efficiency.
            (5) Product and service.--The terms ``product'' and 
        ``service'' do not include any water consuming product or 
        service designed or procured for combat or combat-related 
        missions. The terms also exclude products or services already 
        covered by the Federal procurement regulations established 
        under section 553 of the National Energy Conservation Policy 
        Act (42 U.S.C. 8259b).
    (b) Procurement of Water Efficient Products.--
            (1) Requirement.--To meet the requirements of an agency for 
        a water consuming product or service, the head of the agency 
        shall, except as provided in paragraph (2), procure--
                    (A) a WaterSense product or service; or
                    (B) a FEMP designated product.
        A WaterSense plumbing product should preferably, when possible, 
        be installed by a WaterSense-certified or, if WaterSense 
        certification guidelines do not exist, licensed plumber or 
        mechanical contractor, and a WaterSense irrigation system 
        should preferably, when possible, be installed, maintained, and 
        audited by a WaterSense-certified irrigation professional to 
        ensure optimal performance.
            (2) Exceptions.--The head of an agency is not required to 
        procure a WaterSense product or service or FEMP designated 
        product under paragraph (1) if the head of the agency finds in 
        writing that--
                    (A) a WaterSense product or service or FEMP 
                designated product is not cost-effective over the life 
                of the product, taking current and future energy, 
                water, and wastewater cost savings into account; or
                    (B) no WaterSense product or service or FEMP 
                designated product is reasonably available that meets 
                the functional requirements of the agency.
            (3) Procurement planning.--The head of an agency shall 
        incorporate into the specifications for all procurements 
        involving water consuming products and systems, including guide 
        specifications, project specifications, and construction, 
        renovation, and services contracts that include provision of 
        water consuming products and systems, and into the factors for 
        the evaluation of offers received for the procurement, criteria 
        used for rating WaterSense products and services and FEMP 
        designated products. The head of an agency shall consider, to 
        the maximum extent practicable, additional measures for 
        reducing agency water consumption, including water reuse, 
        reclamation, and recycling technologies, leak detection and 
        repair, and use of waterless products that perform similar 
        functions to existing water-consuming products.
    (c) Listing of Water Efficient Products in Federal Catalogs.--
WaterSense products and services and FEMP designated products shall be 
clearly identified and prominently displayed in any inventory or 
listing of products by the General Services Administration or the 
Defense Logistics Agency. The General Services Administration and the 
Defense Logistics Agency shall supply only WaterSense products or FEMP 
designated products for all product categories covered by the 
WaterSense program or the Federal Energy Management Program, except in 
cases where the agency ordering a product specifies in writing that no 
WaterSense product or FEMP designated product is available to meet the 
buyer's functional requirements, or that no WaterSense product or FEMP 
designated product is cost-effective for the intended application over 
the life of the product, taking energy, water, and wastewater cost 
savings into account.
    (d) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall issue regulations to carry out this section.

SEC. 4. EARLY ADOPTER WATER EFFICIENT PRODUCTS INCENTIVE PROGRAMS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        State government, local or county government, tribal 
        government, wastewater or sewage utility, municipal water 
        authority, energy utility, water utility, or nonprofit 
        organization that meets the requirements of subsection (b).
            (3) Incentive program.--The term ``incentive program'' 
        means a program for administering financial incentives for 
        consumer purchase and installation of residential water 
        efficient products and services as described in subsection 
        (b)(1).
            (4) Residential water efficient product or service.--The 
        term ``residential water efficient product or service'' means a 
        product or service for a single-family or multifamily residence 
        or its landscape that is rated for water efficiency and 
        performance--
                    (A) by the WaterSense program; or
                    (B) by an incentive program and approved by the 
                Administrator.
        Categories of water efficient products and services may include 
        faucets, irrigation technologies and services, point-of-use 
        water treatment devices, reuse, reclamation, and recycling 
        technologies, toilets, and showerheads.
            (5) Watersense program.--The term ``WaterSense program'' 
        means the program established by section 2 of this Act.
    (b) Eligible Entities.--An entity shall be eligible to receive an 
allocation under subsection (c) if the entity--
            (1) establishes (or has established) an incentive program 
        to provide rebates, vouchers, other financial incentives, or 
        direct installs to consumers for the purchase and installation 
        of residential water efficient products or services;
            (2) submits an application for the allocation at such time, 
        in such form, and containing such information as the 
        Administrator may require; and
            (3) provides assurances satisfactory to the Administrator 
        that the entity will use the allocation to supplement, but not 
        supplant, funds made available to carry out the incentive 
        program.
    (c) Amount of Allocations.--
            (1) In general.--Subject to paragraph (2), for each fiscal 
        year, the Administrator shall determine the amount to allocate 
        to each eligible entity to carry out subsection (d) taking into 
        consideration--
                    (A) the population served by the eligible entity in 
                the most recent calendar year for which data are 
                available;
                    (B) the targeted population of the eligible 
                entity's incentive program, such as general households, 
                low-income households, or first-time homeowners, and 
                the probable effectiveness of the incentive program for 
                that population;
                    (C) for existing programs, the effectiveness of the 
                incentive program in encouraging the adoption of water 
                efficient products and services; and
                    (D) any prior year's allocation to the eligible 
                entity that remains unused.
    (d) Use of Allocated Funds.--Funds allocated to an entity under 
subsection (c) may be used to pay up to 50 percent of the cost of 
establishing and carrying out an incentive program.
    (e) Fixture Recycling.--Entities are encouraged to promote or 
implement fixture recycling programs to manage the disposal of older 
fixtures replaced due to the incentive program under this section.
    (f) Issuance of Rebates.--Financial incentives may be provided to 
consumers that meet the requirements of the incentive program. The 
entity may issue all financial incentives directly to consumers or, 
with approval of the Administrator, delegate some or all financial 
incentive administration to other organizations including, but not 
limited to, local governments, municipal water authorities, and water 
utilities. The amount of a financial incentive shall be determined by 
the entity, taking into consideration--
            (1) the amount of the allocation to the entity under 
        subsection (c);
            (2) the amount of any Federal, State, or other 
        organization's tax or financial incentive available for the 
        purchase of the residential water efficient product or service;
            (3) the amount necessary to change consumer behavior to 
        purchase water efficient products and services; and
            (4) the consumer expenditures for onsite preparation, 
        assembly, and original installation of the product.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section $50,000,000 
for fiscal year 2010, $100,000,000 for fiscal year 2011, $150,000,000 
for fiscal year 2012, $100,000,000 for fiscal year 2013, and 
$50,000,000 for fiscal year 2014.

Answer: Water Advanced Technologies for Efficient Resource Use Act of 2009 - Establishes within the Environmental Protection Agency (EPA) a WaterSense program to identify and promote water efficient products, buildings and landscapes, and services to reduce water use, conserve energy, and preserve water resources. Sets forth the duties of the EPA Administrator for promoting, publicizing, and administering the WaterSense program.

Requires federal agencies to purchase WaterSense products or services or a Federal Energy Management Program designated product through their procurement process.

Establishes a program to provide financial incentives for consumer purchase and installation of residential water efficient products and services.


Question: SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Johnson-O'Malley Supplemental Indian 
Education Program Modernization Act''.
SEC. 2. INDIAN EDUCATION PROGRAM STUDENT COUNT UPDATE.
    The Act of April 16, 1934 (25 U.S.C. 5342 et seq.) (commonly 
referred to as the Johnson-O'Malley Act) is amended by adding at the 
end the following:
``SEC. 7. COMPUTATION OF STUDENT COUNT.
    ``(a) Definitions.--For the purposes of this Act, the following 
definitions apply:
        ``(1) Contracting party.--The term `contracting party' means an 
    entity that has a contract through a program authorized under this 
    Act.
        ``(2) Eligible entity.--The term `eligible entity' means an 
    entity that is eligible to apply for a contract for a supplemental 
    or operational support program under this Act, as outlined in 
    section 1.
        ``(3) Existing contracting party.--The term `existing 
    contracting party' means a contracting party that has a contract 
    under this Act that is in effect on the date of enactment of the 
    JOM Modernization Act.
        ``(4) JOM modernization act.--The term `JOM Modernization Act' 
    means the Johnson-O'Malley Supplemental Indian Education Program 
    Modernization Act.
        ``(5) New contracting party.--The term `new contracting party' 
    means an entity that enters into a contract under this Act after 
    the date of enactment of the JOM Modernization Act.
        ``(6) Secretary.--The term `Secretary' means the Secretary of 
    the Interior.
    ``(b) Determination of the Number of Eligible Indian Students.--
        ``(1) Initial determinations.--
            ``(A) In general.--The Secretary shall make an initial 
        determination of the number of eligible Indian students served 
        or potentially served by each eligible entity in accordance 
        with subparagraph (B).
            ``(B) Process for making the initial determination.--
                ``(i) Preliminary report.--Not later than 180 days 
            after the date of enactment of the JOM Modernization Act, 
            the Secretary shall publish a preliminary report describing 
            the number of eligible Indian students served or 
            potentially served by each eligible entity, using the most 
            applicable and accurate data (as determined by the 
            Secretary in consultation with eligible entities) from the 
            fiscal year preceding the fiscal year for which the initial 
            determination is to be made from--

                    ``(I) the Bureau of the Census;
                    ``(II) the National Center for Education 
                Statistics; or
                    ``(III) the Office of Indian Education of the 
                Department of Education.

                ``(ii) Data reconciliation.--To improve the accuracy of 
            the preliminary report described in clause (i) prior to 
            publishing, the Secretary shall reconcile the data 
            described in the preliminary report with--

                    ``(I) each existing contracting party's data 
                regarding the number of eligible Indian students served 
                by the existing contracting party for the fiscal year 
                preceding the fiscal year for which the initial 
                determination is made; and
                    ``(II) identifiable tribal enrollment information.

                ``(iii) Comment period.--After publishing the 
            preliminary report under clause (i) in accordance with 
            clause (ii), the Secretary shall establish a 60-day comment 
            period to gain feedback about the preliminary report from 
            eligible entities, which the Secretary shall take into 
            consideration in preparing the final report described in 
            clause (iv).
                ``(iv) Final report.--Not later than 120 days after 
            concluding the consultation described in clause (iii), the 
            Secretary shall publish a final report on the initial 
            determination of the number of eligible Indian students 
            served or potentially served by each eligible entity, 
            including justification for not including any feedback 
            gained during such consultation, if applicable.
        ``(2) Subsequent academic years.--For each academic year 
    following the fiscal year for which an initial determination is 
    made under paragraph (1) to determine the number of eligible Indian 
    students served or potentially served by a contracting party, the 
    Secretary shall determine the number of eligible Indian students 
    served by the contracting party based on the reported eligible 
    Indian student count numbers identified through the reporting 
    process described in subsection (c).
    ``(c) Contracting Party Student Count Reporting Compliance.--
        ``(1) In general.--For each academic year following the fiscal 
    year for which an initial determination is made under subsection 
    (b) to determine the number of eligible Indian students served or 
    potentially served by a contracting party, the contracting party 
    shall submit to the Secretary a report describing the number of 
    eligible Indian students who were served using amounts allocated to 
    such party under this Act during the previous fiscal year. The 
    report shall also include an accounting of the amounts and purposes 
    for which the contract funds were expended.
        ``(2) Failure to comply.--A contracting party that fails to 
    submit a report under paragraph (1) shall receive no amounts under 
    this Act for the fiscal year following the academic year for which 
    the report should have been submitted.
        ``(3) Notice.--The Secretary shall provide contracting parties 
    with timely information relating to--
            ``(A) initial and final reporting deadlines; and
            ``(B) the consequences of failure to comply outlined in 
        paragraph (2).
        ``(4) Technical assistance.--The Secretary, acting through the 
    Director of the Bureau of Indian Education, shall provide technical 
    assistance and training on compliance with the reporting 
    requirements of this subsection to contracting parties.
    ``(d) Annual Report.--
        ``(1) In general.--The Secretary shall prepare an annual 
    report, including the most recent determination of the number of 
    eligible Indian students served by each contracting party, 
    recommendations on appropriate funding levels for the program based 
    on such determination, and an assessment of the contracts under 
    this Act that the Secretary--
            ``(A) may include in the budget request of the Department 
        of the Interior for each fiscal year;
            ``(B) shall submit to--
                ``(i) the Committee on Indian Affairs of the Senate;
                ``(ii) the Subcommittee on Interior, Environment, and 
            Related Agencies of the Committee on Appropriations of the 
            Senate;
                ``(iii) the Committee on Education and the Workforce of 
            the House of Representatives; and
                ``(iv) the Subcommittee on Interior, Environment, and 
            Related Agencies of the Committee on Appropriations of the 
            House of Representatives; and
            ``(C) shall make publicly available.
        ``(2) Manner of preparation.--The Secretary shall prepare the 
    report under paragraph (1) in a manner so as to prevent or minimize 
    new administrative burdens on contracting parties receiving funds 
    under this Act.
    ``(e) Hold Harmless.--
        ``(1) Initial hold harmless.--
            ``(A) In general.--Except as provided under subparagraph 
        (B) and subject to subparagraphs (C) and (D), for a fiscal 
        year, an existing contracting party shall not receive an amount 
        under this Act that is less than the amount that such existing 
        contracting party received under this Act for the fiscal year 
        preceding the date of enactment of the JOM Modernization Act.
            ``(B) Exceptions.--
                ``(i) In general.--An existing contracting party shall 
            receive an amount under this Act for a fiscal year that is 
            less than the amount that the existing contracting party 
            received under this Act for the fiscal year preceding the 
            date of enactment of the JOM Modernization Act, if one or 
            more of the following conditions is met:

                    ``(I) Failure to report.--The existing contracting 
                party failed to submit a complete report described in 
                subsection (c) that was most recently due from the date 
                of the determination.
                    ``(II) Violations of contract or law.--The 
                Secretary has found that the existing contracting party 
                has violated the terms of a contract entered into under 
                this Act or has otherwise violated Federal law.
                    ``(III) Student count decrease.--The number of 
                eligible Indian students reported by such existing 
                contracting party under subsection (c) has decreased 
                below the number of eligible Indian students served by 
                the existing contracting party in the fiscal year 
                preceding the date of enactment of the JOM 
                Modernization Act.

                ``(ii) Amount of funding reduction for existing 
            contracting parties reporting decreased student counts.--A 
            reduction in an amount pursuant to clause (i)(III) shall 
            not be done in such a manner that the existing contracting 
            party receives an amount of funding per eligible Indian 
            student that is less than the amount of funding per 
            eligible Indian student such party received for the fiscal 
            year preceding the date of enactment of the JOM 
            Modernization Act.
            ``(C) Ratable reductions in appropriations.--If the funds 
        available under this Act for a fiscal year are insufficient to 
        pay the full amounts that all existing contracting parties are 
        eligible to receive under subparagraph (A) for the fiscal year, 
        the Secretary shall ratably reduce those amounts for the fiscal 
        year.
            ``(D) Sunset.--This paragraph shall cease to be effective 4 
        years after the date of enactment of the JOM Modernization Act.
        ``(2) Maximum decrease after 4 years.--Beginning 4 years after 
    the date of enactment of the JOM Modernization Act, no contracting 
    party shall receive for a fiscal year more than a 10 percent 
    decrease in funding per eligible Indian student from the previous 
    fiscal year.
    ``(f) Funding Allocation and Reform.--
        ``(1) Funding reform.--The Secretary may make recommendations 
    for legislation to increase the amount of funds available per 
    eligible Indian student through contracts under this Act to equal 
    to or greater than the amount of funds that were available per 
    eligible Indian student through contracts under this Act for fiscal 
    year 1995, and attempt to identify additional sources of funding 
    that do not reallocate existing funds otherwise utilized by Indian 
    students served--
            ``(A) by the Bureau of Indian Education; or
            ``(B) under title VI of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7401 et seq.).
        ``(2) Increases in program funding.--
            ``(A) In general.--Subject to subsection (e) and 
        subparagraph (B), for any fiscal year for which the amount 
        appropriated to carry out this Act exceeds the amount 
        appropriated to carry out this Act for the preceding fiscal 
        year, the excess amounts shall--
                ``(i) be allocated only to those contracting parties 
            that did not receive their full per student funding 
            allocation for the previous fiscal year; and
                ``(ii) be allocated first to new contracting parties 
            that did not receive their full per student funding 
            allocation for the previous fiscal year.
            ``(B) Parity in funding.--Subparagraph (A) shall have no 
        effect after the first fiscal year for which each contracting 
        party receives their full per student funding allocation.
    ``(g) Increased Geographical and Tribal Participation in the 
Johnson-O'Malley Supplementary Education Program.--To the maximum 
extent practicable, the Secretary shall consult with Indian tribes and 
contact State educational agencies, local educational agencies, and 
Alaska Native organizations that have not previously entered into a 
contract under this Act--
        ``(1) to determine the interest of the Indian tribes, State 
    educational agencies, local educational agencies, and Alaska Native 
    organizations, in entering into such contracts; and
        ``(2) to share information relating to the process for entering 
    into a contract under this Act.
    ``(h) Rulemaking.--
        ``(1) In general.--Not later than 1 year after the date of 
    enactment of the JOM Modernization Act, the Secretary, acting 
    through the Director of the Bureau of Indian Education, shall 
    undertake and complete a rulemaking process, following the 
    provisions of subchapter II of chapter 5 of title 5, United States 
    Code, to--
            ``(A) determine how the regulatory definition of `eligible 
        Indian student' may be revised to clarify eligibility 
        requirements for contracting parties under this Act;
            ``(B) determine, as necessary, how the funding formula 
        described in section 273.31 of title 25, Code of Federal 
        Regulations (as in effect on the day before the date of 
        enactment of the JOM Modernization Act) may be clarified and 
        revised to ensure full participation of contracting parties and 
        provide clarity on the funding process under this Act; and
            ``(C) otherwise reconcile and modernize the rules to 
        comport with the activities of the contracting parties under 
        this Act as of the date of enactment of the JOM Modernization 
        Act.
        ``(2) Report.--Not later than 30 days after the date the 
    rulemaking under paragraph (1) is complete, the Secretary shall 
    submit a report to Congress describing the results of such 
    rulemaking and necessary recommendations to ensure the full 
    implementation of such rulemaking.
    ``(i) Student Privacy.--The Secretary shall ensure that data is 
collected and each report is prepared under this section in a manner 
that protects the rights of eligible Indian students in accordance with 
section 444 of the General Education Provisions Act (commonly referred 
to as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 
1232g).
    ``(j) GAO Report.--Not later than 18 months after the final report 
described in subsection (b)(1)(B)(iv) is published, the Comptroller 
General shall--
        ``(1) conduct a review of the implementation of this section 
    during the preceding 2-year period, including any factors 
    impacting--
            ``(A) the accuracy of the determinations of the number of 
        eligible Indian students under this section;
            ``(B) the communication between the Bureau of Indian 
        Education and contracting parties; and
            ``(C) the efforts by the Bureau of Indian Education to 
        ensure accurate and sufficient distribution of funding for 
        Indian students;
        ``(2) submit a report describing the results of the review 
    under paragraph (1) to--
            ``(A) the Committee on Indian Affairs of the Senate;
            ``(B) the Subcommittee on Interior, Environment, and 
        Related Agencies of the Committee on Appropriations of the 
        Senate;
            ``(C) the Subcommittee on Indian, Insular and Alaska Native 
        Affairs of the Committee on Natural Resources of the House of 
        Representatives; and
            ``(D) the Subcommittee on Interior, Environment, and 
        Related Agencies of the Committee on Appropriations of the 
        House of Representatives; and
        ``(3) make such report publicly available.
    ``(k) Effect.--Nothing in this section--
        ``(1) creates a new program or duplicates program activities 
    under this Act; or
        ``(2) replaces or diminishes the effect of regulations to carry 
    out this Act existing on the day before the date of enactment of 
    the JOM Modernization Act, unless expressly provided in this 
    section.''.

                               Speaker of the House of Representatives.

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

Answer: Johnson-O'Malley Supplemental Indian Education Program Modernization Act This bill requires the Department of the Interior to annually update the count of Indian students eligible for the Johnson-O'Malley Program (JOM Program). The JOM Program awards contracts to tribal organizations, schools, states, and others to support the cultural and academic needs of Indian students. The contract amounts are based on the number of students served. Contracting parties must annually report to Interior on the number of students they serve. If they fail to submit the report, then Interior may not give them program funds for the next fiscal year.  The bill sets forth a process to revise funding allocations provided under the program.  Interior must consult with Indian tribes and state and local education agencies that have not participated in the program to determine their interest in entering into contracts. The Bureau of Indian Education must determine how: (1) the regulatory definition of eligible student may be clarified for contracting parties, and (2) the program funding formula may be updated to ensure the full participation of contracting parties and provide clarity on the funding process.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Urgent Counter-Terrorism 
Supplemental Appropriations Act, 2002''.

SEC. 2. STATEMENT OF APPROPRIATION.

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for fiscal year 2002, and for 
other purposes.

             TITLE I--APPROPRIATION AND TRANSFERS OF FUNDS

SEC. 101. APPROPRIATION.

    In addition to the amounts provided in any other Act, there is 
hereby appropriated $6,548,000,000 to the ``Defense Emergency Response 
Fund'' only for the purpose of upgrading critical defense and 
intelligence capabilities to fight the war on terrorism and to recover 
from the attacks of September 11, 2001.

SEC. 102. TRANSFERS OF FUNDS.

    Notwithstanding any other provision of law or this Act, within 15 
days after the President makes an emergency designation under section 
301 for any amount specified in any section of title II, the Secretary 
of Defense shall transfer the requisite funds appropriated by section 
101 to appropriate accounts in the Treasury in accordance with the 
allocations specified in title II.

                     TITLE II--ALLOCATION OF FUNDS

SEC. 201. ANTI-TERRORISM INTELLIGENCE UPGRADES.

    To upgrade and improve the effectiveness of counter-terrorism 
intelligence collection and analysis, to better protect intelligence 
resources from terrorist attack, and to accelerate the installation of 
real-time linkages between intelligence systems and military 
warfighting platforms, $2,001,000,000 of the funds appropriated in 
section 101 shall be allocated as follows:
            (1) $368,000,000 shall be available only to improve 
        Department of Defense and intelligence agency human 
        intelligence collection capabilities against terrorist 
        organizations to include additional manpower, additional 
        analytical capability, and agent operation expenses.
            (2) $245,000,000 shall be available only to the Director of 
        Central Intelligence to support critical foreign counter-
        intelligence force protection requirements and to provide 
        additional counter-terrorism assistance to the Federal Bureau 
        of Investigation in accordance with law.
            (3) $80,000,000 shall be available only to the Director of 
        Central Intelligence to upgrade counter-terrorism intelligence 
        tasking, processing, exploitation, and dissemination 
        capabilities.
            (4) $55,000,000 shall be available only to the Secretary of 
        Defense to upgrade counter-terrorism intelligence tasking, 
        processing, exploitation, and dissemination capabilities.
            (5) $497,000,000 shall be available only to procure and 
        support the enhancement and deployment of additional 
        Intelligence, Surveillance, and Reconnaissance assets in 
        support of Operation Enduring Freedom and follow-on anti-
        terrorist operations.
            (6) $159,000,000 shall be available only to enhance Navy 
        and Air Force electronic networking of assets and time critical 
        targeting capabilities.
            (7) $182,000,000 shall be available only to procure Link 16 
        systems for tactical ISR platforms to allow real time data 
        exchange between combat and command and control platforms.
            (8) $415,000,000 shall be available only to the Director of 
        Central Intelligence, in consultation with the Secretary of 
        Defense, for intelligence agency physical security upgrades, 
        data survivability/continuity enhancements, and satellite 
        infrastructure improvements.

SEC. 202. CHEMICAL AND BIOLOGICAL WARFARE DEFENSE CAPABILITIES.

    To upgrade and improve the ability of the United States to detect, 
prevent and respond to chemical and biological warfare terrorist 
attacks at home and abroad, $817,000,000 of the funds appropriated in 
section 101 shall be allocated as follows:
            (1) $307,000,000 shall be available only for rapid 
        development and/or procurement and deployment of biological 
        weapons detection systems and chemical/biological 
        decontamination equipment at key military and civilian 
        facilities.
            (2) $82,000,000 shall be available only to accelerate 
        production of anthrax vaccines and smallpox vaccine samples, to 
        develop next generation anthrax vaccines, and to develop, test, 
        evaluate and procure new drug therapies to counter biological 
        threat agents.
            (3) $185,000,000 shall be available only to equip existing 
        Army National Guard Weapons of Mass Destruction Civil Support 
        teams (WMD-CST teams) with mobile analytical laboratory 
        capabilities and to establish, train and equip additional WMD-
        CST teams in the following States and territories in order to 
        complete the objective of establishing WMD-CST teams in each 
        State and territory:
                    (A) Alabama.
                    (B) Connecticut.
                    (C) Delaware.
                    (D) District of Columbia.
                    (E) Indiana.
                    (F) Kansas.
                    (G) Maryland.
                    (H) Michigan.
                    (I) Mississippi.
                    (J) Montana.
                    (K) Nebraska.
                    (L) New Hampshire.
                    (M) New Jersey.
                    (N) Nevada.
                    (O) North Carolina.
                    (P) North Dakota.
                    (Q) Oregon.
                    (R) Rhode Island.
                    (S) South Dakota.
                    (T) Tennessee.
                    (U) Utah.
                    (V) Vermont.
                    (W) West Virginia.
                    (X) Wisconsin.
                    (Y) Wyoming.
                    (Z) American Samoa.
                    (AA) Guam.
                    (BB) Puerto Rico and Virgin Islands.
            (4) $40,000,000 shall be available only for biological 
        weapons proliferation prevention activities under the 
        Cooperative Threat Reduction Program. Of such funds, 
        $30,000,000 shall be transferred to ``Department of State--
        Nonproliferation, Anti-Terrorism, Demining, and Related 
        Programs'' only for the purpose of supporting expansion of the 
        Biological Weapons Redirect and International Science and 
        Technology Centers programs to prevent former Soviet weapons 
        experts from emigrating to proliferant States and to 
        reconfigure former Soviet biological weapons production 
        facilities for peaceful uses.
            (5) $68,000,000 shall be available only to support and 
        equip Marine Corps and Army chemical/biological warfare 
        response teams, including the procurement of additional mobile 
        decontamination units for these teams.
            (6) $25,000,000 shall be available only for the Army 
        Chemical Stockpile Emergency Preparedness Program for State and 
        Federal technical assistance projects to ensure public safety 
        at chemical weapons storage facilities in the following States:
                    (A) Alabama.
                    (B) Arkansas.
                    (C) Colorado.
                    (D) Illinois.
                    (E) Indiana.
                    (F) Maryland.
                    (G) Kentucky.
                    (H) Oregon.
                    (I) Utah.
                    (J) Washington.
            (7) $60,000,000 shall be available only for the procurement 
        of interoperable communications equipment to enable Army 
        emergency response teams to communicate with local emergency 
        response personnel.
            (8) $50,000,000 shall be available only to implement short-
        term facility repairs and improvements at the biocontainment 
        research laboratories of the Army Medical Research Institute of 
        Infectious Disease at Fort Detrick, Maryland, and the 
        facilities of the Army Institute of Pathology (AFIP) at the 
        Walter Reed Medical Center for the purpose of improving quick 
        response to demands for confirmatory and diagnostic testing of 
        potential biological threats and to accelerate the development 
        of treatments and vaccines against biological agents.

SEC. 203. SPECIAL FORCES COUNTER-TERRORISM CAPABILITY.

    To upgrade and improve the ability of Special Forces to 
successfully operate in Operation Enduring Freedom and future anti-
terrorist operations, $755,000,000 of the funds appropriated in section 
101 shall be allocated as follows:
            (1) $50,000,000 shall be available only for the procurement 
        of AN/PRC 112B survival radios for SOF rescue/extraction teams 
        to provide geo-location and low probability of intercept/
        detection communications capability.
            (2) $90,000,000 shall be available only to procure common 
        missile warning systems and improved conventional munitions 
        dispensers for the MH-47 and MH-60 aircraft to enhance rotary 
        wing survivability.
            (3) $125,000,000 shall be available only to support 
        counter-terrorism full mission profile training to increase the 
        probability of mission success and decrease the possibility of 
        fratricide and to provide for shortfalls in flying hours 
        necessary to conduct such training and operations.
            (4) $125,000,000 shall be available only to support 
        survivability and mission enhancement upgrades for C-130, MH-
        53, and other SOF aircraft.
            (5) $165,000,000 shall be available only to procure 
        nonstandard weapons and ammunition, unconventional equipment 
        and supplies, and other SOF unique counter-terrorism 
        enhancements to current capabilities.
            (6) $200,000,000 shall be available only for SOCOM 
        equipment sustainment and refurbishment, and for procurement of 
        additional equipment.

SEC. 204. MUNITIONS AND ESSENTIAL EQUIPMENT REPLENISHMENT AND UPGRADES.

    To ensure an adequate supply of precision guided weapons and other 
weapons and munitions to fully prosecute Operation Enduring Freedom and 
future potential anti-terrorist operations, and to provide for the 
rapid development and deployment of promising anti-terrorist weapons, 
WMD defense capabilities, and added support to key tactical warfare 
systems, $912,000,000 of the funds appropriated in section 101 shall be 
allocated as follows:
            (1) $250,000,000 shall be available only to accelerate the 
        development and procurement of the tactical tomahawk cruise 
        missile.
            (2) $180,000,000 shall be available only for the 
        procurement of laser-guided bomb kits.
            (3) $125,000,000 shall be available only for procurement of 
        Army and Marine Corps small arms, small arms ammunition, and 
        night vision equipment.
            (4)(A) $250,000,000 shall be available only to 
        ``Operational Rapid Response Transfer Fund'', to remain 
        available for obligation until September 30, 2002, only for the 
        accelerated research, development, test, evaluation, 
        procurement, or deployment of military technologies, systems, 
        or other equipment necessary for improving the capability to 
        fight terrorism, protect the force, prepare for and respond to 
        terrorist attacks, or improve the capabilities of key tactical 
        systems.
            (B) The Secretary of Defense may transfer funds under this 
        paragraph only to operation and maintenance accounts, 
        procurement accounts, or research, development, test and 
        evaluation accounts.
            (C) Of the funds under this paragraph, $75,000,000 shall be 
        available only to support quick reaction activities to develop 
        and deploy promising new weapons and other WMD defense 
        capabilities that are recommended by the Department of Defense 
        Combating Terrorism Technology Task Force.
            (D) The Secretary of Defense shall provide 
written notification to the congressional defense committees prior to 
the transfer of any amount under this paragraph in excess of $5,000,000 
to a specific program, project, or activity.
            (E) None of the funds under this paragraph may be obligated 
        for new start projects without prior notification to the 
        congressional defense committees in conformance with normal 
        reprogramming procedures and guidelines.
            (5) $107,000,000 shall be available only to improve secure 
        communications capabilities of the Army Reserve components by 
        providing hardening, redundancy, storage, and information 
        assurance for network infrastructure.

SEC. 205. FORCE PROTECTION AND RECOVERY ACTIVITIES.

    To upgrade physical security at Department of Defense and 
intelligence agency installations, and to accelerate efforts to repair, 
reconstruct, and renovate the Pentagon Reservation, $966,000,000 of the 
funds appropriated in section 101 shall be allocated as follows:
            (1)(A) $800,000,000 shall be available only to finance 
        accelerated building renovation activities for military command 
        centers and related activities at the Pentagon Reservation in 
        order to accelerate completion of the Pentagon renovation 
        project by at least 4 years from the current estimated 
        completion date of 2014.
            (B) None of the funds under this paragraph shall be 
        obligated until 15 days after the Secretary of Defense has 
        submitted to the Congress a revised Pentagon renovation plan to 
        include estimated total costs by year and by function, a 
        comprehensive construction schedule, an assessment of the 
        security and operational benefits derived from an accelerated 
        schedule, and a certification that it is the Secretary's best 
        estimate that expenditure of such funds will accelerate the 
        final completion of the Pentagon renovation by at least 4 
        years.
            (2) $45,000,000 shall be available only to procure patrol 
        boat equipment in support of enhanced Navy capabilities to 
        maintain threat standoff distances in foreign ports.
            (3) $30,000,000 shall be available only to procure security 
        equipment identified by the Navy to be necessary to increase 
        the security of military sealift ships.
            (4) $25,000,000 shall be available only to upgrade 
        firefighting self contained breathing equipment on Navy surface 
        ships.
            (5) $31,000,000 shall be available only for Navy and Air 
        Force anti-access equipment.
            (6) $25,000,000 shall be available only for Army anti-
        access equipment.
            (7) $10,000,000 shall be available only to modernize the 
        USS Comfort and USS Mercy hospital ships.

SEC. 206. ESSENTIAL AIRCRAFT UPGRADES.

    To make essential upgrades and improvements in aircraft 
capabilities for operating in the Central Asia region, $602,000,000 of 
the funds appropriated in section 101 shall be allocated as follows:
            (1) $88,000,000 shall be available only for the procurement 
        of additional decoys, armor, and other self-protection upgrades 
        for Air Force aircraft.
            (2) $55,000,000 shall be available only for the procurement 
        of additional laser detecting sets and other self protection 
        and engine upgrades for Army (including SOCOM) helicopters.
            (3) $48,000,000 shall be available only for the procurement 
        of crashworthy UH-60 helicopter extended range fuel tanks.
            (4) $129,000,000 shall be available only to accelerate 
        planned electronic self protection, communications, navigation, 
        and engine upgrade modifications to combat search and rescue 
        helicopters.
            (5) $67,000,000 shall be available only to procure 
        additional Litening targeting pods for AV-8B Harrier aircraft.
            (6) $70,000,000 shall be available only to upgrade 
        strategic communications systems for the national airborne 
        command post.
            (7) $145,000,000 shall be available only to improve the 
        reliability of B-52 electronics and the maintainability of B-2 
        surfaces.

SEC. 207. OPERATION ENDURING FREEDOM OPERATIONAL COSTS.

    To ensure that the military services are not required to make 
reductions in essential training, readiness, equipment maintenance, 
quality of life, or research and development programs in order to pay 
for the unbudgeted and unpredictable operational costs of Operation 
Enduring Freedom, and to ensure that the aging equipment being used in 
Operation Enduring Freedom is properly maintained, $495,000,000 of the 
funds appropriated in section 101 shall be allocated as follows:
            (1) $220,000,000 shall be available only to supplement the 
        defense working capital funds for increased fuel, base 
        operations, and training costs.
            (2) $200,000,000 shall be available only for additional 
        spare parts to support Operation Enduring Freedom.
            (3) $75,000,000 shall be available only for increased depot 
        maintenance requirements resulting from Operations Noble Eagle 
        and Enduring Freedom.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. EMERGENCY DESIGNATION.

    The entire amount specified in any section of title II--
            (1) is designated by the Congress as an emergency 
        requirement pursuant to section 251(b)(2)(A) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985; and
            (2) shall be available only if an official budget request 
        for the entire amount contained in such section, that includes 
        designation of the entire amount as an emergency requirement as 
        defined in the Balanced Budget and Emergency Deficit Control 
        Act of 1985, is transmitted by the President to the Congress.

SEC. 302. REPORTING REQUIREMENT.

    Within 15 days after the President makes an emergency designation 
under section 301 for the amount specified in any section of title II, 
the Secretary of Defense shall provide to the Congress a report 
specifying the accounts to which the funds involved are to be 
transferred and project level budget justifications for each transfer.

SEC. 303. MERGER OF AMOUNTS.

    Funds transferred under this Act shall be merged with, and shall be 
available for the same time period as, the appropriations to which the 
funds are transferred.

SEC. 304. AUTHORIZATION OF FUNDS FOR INTELLIGENCE ACTIVITIES.

    Funds transferred under this Act to accounts for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414).

Answer:
Urgent Counter-Terrorism Supplemental Appropriations Act, 2002 - Appropriates additional funds for FY 2002 to the Defense Emergency Response Fund solely for upgrading critical defense and intelligence capabilities to fight the war on terrorism and recover from the terrorist attacks of September 11, 2001.Allocates such funds to the following categories: (1) anti-terrorism intelligence upgrades, including funds for the Department of Defense and the Central Intelligence Agency; (2) chemical and biological warfare defense capabilities, including funds for detection systems, vaccines, mobile laboratories, and public safety at chemical weapons storage facilities; (3) special forces counter-terrorism capability, including for survival radios, common missile warning systems, and nonstandard and unconventional weapons and equipment; (4) munitions and essential equipment replenishment and upgrades; (5) force protection and recovery activities, including renovations of the Pentagon Reservation; (6) essential aircraft upgrades; and (7) Operation Enduring Freedom operational costs.Designates all such funds as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985, limiting their availability unless Congress receives a presidential budget request for the entire amount in such category.