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

    This Act may be cited as the ``Mortgage Fairness Act''.

SEC. 2. COMMUNITY SUPPORT OBLIGATIONS OF MORTGAGE BANKS.

    (a) In General.--Each mortgage bank shall have an ongoing 
responsibility to meet the credit needs of all the communities in which 
such bank makes a significant number of extensions of credit or extends 
a significant amount of credit, including extensions of credit in low- 
and moderate-income neighborhoods of such communities.
    (b) Definitions.--For purposes of this Act, the following 
definitions shall apply:
            (1) Mortgage bank.--The term ``mortgage bank'' means any 
        lender who does not accept deposits and originates housing 
        related loans.
            (2) Office.--The term ``Office'' means the Office of 
        Mortgage Bank and Insurance Supervision established by the 
        Secretary of Housing and Urban Development pursuant to section 
        3.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.

SEC. 3. ESTABLISHMENT OF OFFICE OF MORTGAGE BANK AND INSURANCE 
              SUPERVISION.

    The Secretary of Housing and Urban Development shall establish 
within the Department of Housing and Urban Development an office to be 
known as the Office of Mortgage Bank and Insurance Supervision to 
evaluate the community support performance of mortgage banks and 
mortgage insurance companies.

SEC. 4. MORTGAGE BANK COMMUNITY SUPPORT STATEMENTS.

    (a) In General.--The Office shall, on a biennial basis, require 
each mortgage bank to submit to the Office a community support 
statement, detailing the efforts of such bank at meeting the housing 
credit needs of each community in which the bank makes a significant 
number of extensions of credit or extends a significant amount of 
credit, including extensions of credit in low- and moderate-income 
neighborhoods of such communities.
    (b) Contents.--The statement submitted by each mortgage bank under 
subsection (a) shall include--
            (1) the data required to be maintained and disclosed by the 
        lender under the Home Mortgage Disclosure Act of 1975 for the 
        previous 2 years, in a format which the Office shall establish;
            (2) underwriting criteria employed by the bank for all of 
        the bank's housing loan products;
            (3) descriptions of any activity the bank has undertaken 
        over the period under review to ascertain and meet identified 
        credit needs in low- and moderate-income neighborhoods within 
        communities in which the bank makes a significant number of 
        extensions of credit or extends a significant amount of credit, 
        including any partnerships formed with community-based 
        organizations, nonprofit developers of affordable housing, or 
        agencies of State or local government;
            (4) details of any findings of technical or substantive 
        violations of the Equal Credit Opportunity Act or the Fair 
        Housing Act, and any settlements or judgments arising from any 
        such findings; and
            (5) any other information the Office may require.

SEC. 5. MORTGAGE BANK COMMUNITY SUPPORT EVALUATION.

    The Office shall determine whether a mortgage bank is maintaining 
an adequate community support performance, based on--
            (1) community support performance statements received from 
        mortgage banks;
            (2) an analysis of the data required to be maintained and 
        disclosed by the lender under the Home Mortgage Disclosure Act 
        of 1975 for the previous 2 years with respect to metropolitan 
        statistical areas in which the bank originates a significant 
        number of home loans, which shall emphasize--
                    (A) the institution's market share in neighborhoods 
                of different racial and income characteristics;
                    (B) the number of applications received from 
                minorities and low- and moderate-income persons; and
                    (C) the rate at which the institutions rejects 
                applications from minority and white applicants;
            (3) any evidence of illegal discriminatory credit 
        practices, including prescreening, or offering less favorable 
        loan products to applicants of different racial backgrounds; 
        and
            (4) public comment, which shall be received by the agency 
        for not less than 90 days after the Office actively solicits 
        comment solicitations of comment through notice in the Federal 
        Register and regular communications with community based 
        organizations.

SEC. 6. PENALTIES FOR FINDING OF INADEQUATE COMMUNITY SUPPORT 
              PERFORMANCE BY MORTGAGE BANKS.

    (a) Remedial Action.--If the Secretary finds that a mortgage bank 
is maintaining an inadequate level of community support, the Secretary 
may issue an order--
            (1) requiring the bank to file a community support action 
        plan with the Office not more than 90 days after the finding, 
        which shall include concrete goals and timetables for 
        correcting identified deficiencies; and
            (2) prohibiting the bank from using any program or product 
        administered by the Secretary until all identified deficiencies 
        are met.
    (b) Cease and Desist Orders.--
            (1) Issuance of order.--
                    (A) In general.--If the Secretary determines that 
                there is reasonable cause to believe that a mortgage 
                bank is violating, has violated, or is about to violate 
                an order under subsection (a) or a community support 
                action plan filed pursuant to such an order, the 
                Secretary may issue an order requiring the mortgage 
                bank to--
                            (i) cease and desist from any such 
                        violation; and
                            (ii) take such affirmative action to 
                        prevent the occurrence or the continuance of 
                        such violation as the Secretary determines to 
                        be appropriate.
                    (B) Notice of charges.--An order issued under this 
                paragraph shall include a notice of the charges on 
                which the order is based and a statement of the facts 
                constituting the alleged violation.
                    (C) Effective period.--An order issued under this 
                paragraph shall--
                            (i) become effective upon service to the 
                        mortgagee; and
                            (ii) remain effective and enforceable 
                        pursuant to the terms of the order unless 
                        modified or rescinded by the Secretary or 
                        pursuant to an order of a court under paragraph 
                        (3) or in connection with the court's review of 
                        any administrative proceedings with respect to 
                        the order issued under this subsection.
            (2) Hearing.--Any mortgage bank which receives an order 
        under paragraph (1) shall be afforded an opportunity for a 
        hearing on the record by the Secretary as soon as practicable 
        but not later than 20 days after the order has been served.
            (3) Judicial hearing.--Within 10 days after a mortgage bank 
        has been served with a cease-and-desist order under this 
        subsection, the bank may apply to the United States district 
        court for the judicial district in which the home office of the 
        bank is located, or the United States District Court for the 
        District of Columbia, for an injunction setting aside, 
        limiting, or suspending the enforcement, operation, or 
        effectiveness of such order pending the completion of the 
        administrative proceedings pursuant to the notice of charges 
        served upon the bank, and such court shall have jurisdiction to 
        issue such injunction.
            (4) Judicial enforcement.--The Secretary may apply to the 
        United States district court, or the United States court of any 
        territory, within the jurisdiction of which the home office of 
        the mortgagee is located, for an injunction to enforce any 
        effective and outstanding order issued under this subsection 
        and, if the court determines that there has been a violation or 
        threatened violation of such order, the court shall issue such 
        injunction.
    (c) Civil Money Penalty.--
            (1) Imposition of penalty.--
                    (A) In general.--The Secretary may impose a civil 
                money penalty on any mortgage bank, and any director, 
                officer or employee of a mortgage bank, who violates 
                any order issued under subsection (a) or (b).
                    (B) Amount of penalty.--The amount of the penalty, 
                as determined by the Secretary, may not exceed--
                            (i) in the case of a violation of an order 
                        issued under subsection (a), $10,000 for each 
                        month during which such violation occurs; and
                            (ii) in the case of a violation of an order 
                        issued under subsection (b), $10,000 for each 
                        day during which such violation continues.
                    (C) Notification to attorney general.--Before 
                taking action to impose a civil money penalty for a 
                violation under subparagraph (A), the Secretary shall 
                inform the Attorney General of the United States.
            (2) Assessment.--
                    (A) Written notice.--Any penalty imposed under 
                paragraph (1) may be assessed and collected by the 
                Secretary by written notice.
                    (B) Finality of assessment.--If, with respect to 
                any assessment under subparagraph (A), a hearing is not 
                requested pursuant to paragraph (5) within the period 
                of time allowed under such paragraph, the assessment 
                shall constitute a final and unappealable order.
            (3) Authority to modify or remit penalty.--The Secretary 
        may compromise, modify, or remit any penalty which the 
        Secretary may assess or already has assessed under paragraph 
        (1).
            (4) Mitigating factors.--In determining the amount of a 
        penalty under paragraph (1) with respect to any person, the 
        Secretary shall take into account the appropriateness of the 
        penalty with respect to--
                    (A) the gravity of the offense;
                    (B) any history of previous violations by the 
                person;
                    (C) the ability of the person to pay the penalty;
                    (D) injury to the public;
                    (E) benefits received by the person as a result of 
                the violation;
                    (F) the deterrent effect of the penalty on future 
                violations by such person and other persons; and
                    (G) such other factors as the Secretary may 
                determine in regulations to be appropriate.
            (5) Hearing.--The person against whom a civil money penalty 
        is assessed under paragraph (1) shall be afforded an 
        opportunity for a hearing on the record, if such person submits 
        a request for such hearing within 20 days after the issuance of 
        the notice of the assessment.
            (6) Collection.--
                    (A) Referral.--If any person fails to pay an 
                assessment after any penalty assessed under this 
                subsection has become final, the Secretary shall notify 
                the Attorney General who shall recover the amount 
                assessed in the appropriate United States district 
                court.
                    (B) Appropriateness of penalty not reviewable.--In 
                any civil action under subparagraph (A), the validity 
                and appropriateness of the penalty shall not be subject 
                to review.
            (7) Disbursement.--All penalties collected pursuant to this 
        subsection shall be deposited into the Treasury of the United 
        States.
            (8) Agency procedures--The Secretary shall, by regulation, 
        establish standards and procedures for carrying out this 
        subsection.

SEC. 7. COMMUNITY SUPPORT REQUIREMENTS FOR MORTGAGE INSURANCE 
              COMPANIES.

    (a) In General.--Each mortgage insurance company shall--
            (1) report to the Office the number and total dollar amount 
        of each mortgage insurance policy written by the company, by 
        census tract, the race, gender, and income of applicants for 
        mortgage insurance, and the disposition of each application for 
        mortgage insurance;
            (2) demonstrate to the Secretary adequate support for 
        community credit needs; and
            (3) make public to any person the underwriting criteria for 
        any mortgage insurance the company offers.
    (b) 2-Year Reporting Requirement.--At least once during each 2-year 
period beginning after the date of enactment of this Act, each mortgage 
insurance company shall submit a report to the Office containing the 
following information:
            (1) Adequacy of availability of mortgage insurance.--The 
        extent to which adequate mortgage insurance is available in 
        low- and moderate-income and minority neighborhoods within 
        areas in which the company writes a significant number of 
        mortgage insurance policies.
            (2) Underwriting guidelines.--The extent to which 
        underwriting guidelines used by the company do not unreasonably 
        restrict access to low- and moderate-income families within 
        areas in which the company writes a significant number of 
        mortgage insurance policies.
    (c) Duties of the Office.--The Office shall conduct biennial 
community support reviews of mortgage insurance companies including 
analysis of the following:
            (1) The data collected by the Agency on the distribution of 
        the mortgage insurance company's policies by census tract and 
        data on the disparate treatment of applicants for mortgage 
        insurance based on the applicants' race, gender, and income.
            (2) The underwriting criteria employed by the company and 
        the extent to which such criteria do not unreasonably restrict 
        access to credit for low- and moderate-income and minority 
        persons or neighborhoods.
            (3) Community support statements received from the mortgage 
        insurance company.
            (4) Any other information the Secretary may require 
        mortgage insurance companies to submit.
            (5) Any comments received from the public on the community 
        support performance of the mortgage insurance company during 
        the period covered by the review under this paragraph.
    (d) Duties of the Secretary.--The Secretary shall--
            (1) solicit and accept public comment for no fewer than 90 
        days before issuing a finding in connection with the review of 
        a mortgage insurance company under subsection (c)(2); and
            (2) review the community support performance of each 
        mortgage insurance company and determine whether the company is 
        providing an adequate level of community support in the areas 
        in which such company writes a significant number of mortgage 
        insurance policies.
    (e) Performance Statement.--If, after reviewing any evidence, the 
Secretary concludes that a mortgage insurance company is not meeting 
the requirements of this section, the Secretary may require such 
company to submit a statement indicating how the company expects to 
improve its record of providing community support.

SOLUTION: Mortgage Fairness Act - Requires each mortgage bank to meet the credit needs of all communities in which it makes a significant number of extensions of credit or extends a significant amount of credit, including extensions of credit in low- and moderate-income communities. 
(Sec. 3) Directs the Secretary of Housing and Urban Development (HUD) to establish within HUD the Office of Mortgage Bank and Insurance Supervision. 
(Sec. 4) Directs the Office, on a biennial basis, to require each mortgage bank to submit to it a community support statement detailing the bank's efforts at meeting the housing credit needs of the above- referenced communities. 
(Sec. 5) Directs the Office to determine whether a mortgage bank is maintaining an adequate community support performance based on specified criteria. 
(Sec. 6) Sets forth certain penalties against a mortgage bank that has been found to be maintaining an inadequate level of community support. 
(Sec. 7) Requires each mortgage insurance company to: (1) report to the Office the total number and total dollar amount of each mortgage insurance policy written by it, by census tract, the race, gender, and income of applicants for mortgage insurance, and the disposition of each application for such insurance; (2) demonstrate to the Secretary adequate support for community credit needs; and (3) make public to any person the underwriting criteria for any mortgage insurance the company offers. 
Requires the Office to conduct biennial community support reviews of mortgage insurance companies.  Authorizes the Secretary to require a mortgage insurance company to submit a statement indicating how it expects to improve its record of providing community support whenever the Secretary concludes that such company is not meeting the requirements of this section.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Workforce Improvement and 
Jobs Protection Act''.

SEC. 2. EXEMPTING ALIENS EARNING MASTER'S OR HIGHER DEGREE IN UNITED 
              STATES FROM NUMERICAL LIMITATIONS ON H-1B NONIMMIGRANTS.

    Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)) is amended by adding at the end the following:
    ``(9) For any fiscal year, the applicable numerical limitation 
contained in paragraph (1)(A) shall not apply to any nonimmigrant alien 
issued a visa or otherwise provided status under section 
101(a)(15)(H)(i)(b) who has earned a master's or higher degree from an 
institution of higher education (as defined in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a))), until the number of 
aliens who are exempted from such numerical limitation during such year 
exceeds 20,000.''.

SEC. 3. MAKING PERMANENT CERTAIN REQUIREMENTS AND AUTHORITIES WITH 
              RESPECT TO H-1B NONIMMIGRANTS.

    (a) Attestation Requirements.--Section 212(n)(1)(E)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 1182(n)(1)(E)(ii)) is amended 
by striking ``subparagraph, and before October 1, 2003,'' and inserting 
``subparagraph''.
    (b) Fee.--Section 214(c)(9)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1184(c)(9)(A)) is amended by striking ``before October 1, 
2003''.
    (c) Department of Labor Investigative Authorities.--Section 
413(e)(2) of the American Competitiveness and Workforce Improvement Act 
of 1998 (8 U.S.C. 1182 note) is repealed.
    (d) Effective Dates.--
            (1) Attestation requirements.--The amendment made by 
        subsection (a) shall apply to applications under section 
        212(n)(1) of the Immigration and Nationality Act filed on or 
        after the date that is 30 days after the date of the enactment 
        of this Act.
            (2) Fee.--The amendment made by subsection (b) shall apply 
        to petitions under section 214(c) of the Immigration and 
        Nationality Act filed on or after the date that is 30 days 
        after the date of the enactment of this Act.
            (3) Department of labor investigative authority.--The 
        amendment made by subsection (c) shall take effect on the date 
        of the enactment of this Act.

SEC. 4. FRAUD PREVENTION AND DETECTION FEE.

    (a) Imposition of Fee.--Section 214(c) of the Immigration and 
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the 
following:
    ``(12)(A) In addition to any other fees authorized by law, the 
Secretary of Homeland Security shall impose a fraud prevention and 
detection fee on an employer filing a petition under paragraph (1)--
            ``(i) initially to grant an alien nonimmigrant status 
        described in subparagraph (H)(i)(b) or (L) of section 
        101(a)(15); or
            ``(ii) to obtain authorization for an alien having such 
        status to change employers.
    ``(B) In addition to any other fees authorized by law, the 
Secretary of State shall impose a fraud prevention and detection fee on 
an alien filing an application abroad for a visa authorizing admission 
to the United States as a nonimmigrant described in section 
101(a)(15)(L), if the alien is covered under a blanket petition 
described in paragraph (2)(A).
    ``(C) The amount of the fee imposed under subparagraph (A) or (B) 
shall be $500.
    ``(D) The fee imposed under subparagraph (A) or (B) shall only 
apply to principal aliens and not to the spouses or children who are 
accompanying or following to join such principal aliens.
    ``(E) Fees collected under this paragraph shall be deposited in the 
Treasury in accordance with section 286(v).''.
    (b) Establishment of Account; Use of Fees.--Section 286 of the 
Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at 
the end the following:
    ``(v) H-1B and L Fraud Prevention and Detection Account.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury a separate account, which shall be known as the 
        `H-1B and L Fraud Prevention and Detection Account'. 
        Notwithstanding any other provision of law, there shall be 
        deposited as offsetting receipts into the account all fees 
        collected under section 214(c)(12).
            ``(2) Use of fees to combat fraud.--
                    ``(A) Secretary of state.--One-third of the amounts 
                deposited into the H-1B and L Fraud Prevention and 
                Detection Account shall remain available to the 
                Secretary of State until expended for programs and 
                activities at United States embassies and consulates 
                abroad--
                            ``(i) to increase the number diplomatic 
                        security personnel assigned exclusively to the 
                        function of preventing and detecting fraud by 
                        applicants for visas described in subparagraph 
                        (H)(i) or (L) of section 101(a)(15);
                            ``(ii) otherwise to prevent and detect such 
                        fraud pursuant to the terms of a memorandum of 
                        understanding or other cooperative agreement 
                        between the Secretary of State and the 
                        Secretary of Homeland Security; and
                            ``(iii) upon request by the Secretary of 
                        Homeland Security, to assist such Secretary in 
                        carrying out the fraud prevention and detection 
                        programs and activities described in 
                        subparagraph (B).
                    ``(B) Secretary of homeland security.--One-third of 
                the amounts deposited into the H-1B and L Fraud 
                Prevention and Detection Account shall remain available 
                to the Secretary of Homeland Security until expended 
                for programs and activities to prevent and detect fraud 
                with respect to petitions under paragraph (1) or (2)(A) 
                of section 214(c) to grant an alien nonimmigrant status 
                described in subparagraph (H)(i) or (L) of section 
                101(a)(15).
                    ``(C) Secretary of labor.--One-third of the amounts 
                deposited into the H-1B and L Fraud Prevention and 
                Detection Account shall remain available to the 
                Secretary of Labor until expended for enforcement 
                programs and activities described in section 212(n).
                    ``(D) Consultation.--The Secretary of State, the 
                Secretary of Homeland Security, and the Secretary of 
                Labor shall consult one another with respect to the use 
                of the funds in the H-1B and L Fraud Prevention and 
                Detection Account.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, and the fees imposed 
under such amendments shall apply to petitions under section 214(c) of 
the Immigration and Nationality Act, and applications for nonimmigrant 
visas under section 222 of such Act, filed on or after the date that is 
90 days after the date of the enactment of this Act.

SEC. 5. ENSURING INTEGRITY OF VISAS FOR INTRACOMPANY TRANSFEREES.

    (a) Nonimmigrant L-1 Visa Category.--
            (1) In general.--Section 214(c)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at 
        the end the following:
    ``(F) An alien who will serve in a capacity involving specialized 
knowledge with respect to an employer for purposes of section 
101(a)(15)(L) and will be stationed primarily at the worksite of an 
employer other than the petitioning employer or its affiliate, 
subsidiary, or parent shall not be eligible for classification under 
section 101(a)(15)(L) if--
            ``(i) the alien will be controlled and supervised 
        principally by such unaffiliated employer; or
            ``(ii) the placement of the alien at the worksite of the 
        unaffiliated employer is part of an arrangement merely to 
        provide labor for the unaffiliated employer rather than in 
        connection with the provision of a product or service for which 
        specialized knowledge specific to the petitioning employer is 
        necessary.''.
            (2) Applicability.--The amendment made by paragraph (1) 
        shall apply to petitions filed on or after the effective date 
        of this section, whether for initial, extended, or amended 
        classification.
    (b) Requirement for Prior Continuous Employment for Certain 
Intracompany Transferees.--
            (1) In general.--Section 214(c)(2)(A) of the Immigration 
        and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by 
        striking the last sentence (relating to reduction of the 1-year 
        period of continuous employment abroad to 6 months).
            (2) Applicability.--The amendment made by paragraph (1) 
        shall apply only to petitions for initial classification filed 
        on or after the effective date of this section.
    (c) Maintenance of Statistics.--
            (1) In general.--The Secretary of Homeland Security shall 
        maintain statistics regarding petitions filed, approved, 
        extended, and amended with respect to nonimmigrants described 
        in section 101(a)(15)(L) of the Immigration and Nationality Act 
        (8 U.S.C. 1101(a)(15)(L)), including the number of such 
        nonimmigrants who are classified on the basis of specialized 
        knowledge and the number of nonimmigrants who are classified on 
        the basis of specialized knowledge in order to work primarily 
        at offsite locations.
            (2) Applicability.--Paragraph (1) shall apply to petitions 
        filed on or after the effective date of this section.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect 180 days after the date of the enactment of 
this Act.

SOLUTION: American Workforce Improvement and Jobs Protection Act - Amends the Immigration and Nationality Act to exempt up to 20,000 aliens holding a master's or higher degree from the numerical limitation on H-1B (temporary employment in a specialty occupation) nonimmigrants in any fiscal year.

Makes permanent: (1) the attestation requirement concerning nondisplacement of U.S. workers applicable to H-1B-dependent employers and willful violators; (2) the filing fee applicable to H-1B petitioners; and (3) the Secretary of Labor's authority under the American Competitiveness and Workforce Improvement Act to investigate an employer's alleged failure to meet specified labor attestation conditions (by repealing a sunset provision in that Act).

Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on H-1B or L (intracompany business personnel) petitioners for use in combating fraud and carrying out labor attestation enforcement activities. Establishes an H-1B and L Fraud Prevention and Detection Account for the deposit of such fees.

Renders ineligible for L visa status those aliens who will serve in a capacity involving specialized knowledge at the worksite of an employer other than the petitioning employer or its affiliate if: (1) the alien will be controlled principally by the unaffiliated employer; or (2) the placement with the unaffiliated employer is part of an arrangement merely to provide labor rather than to use the alien's specialized knowledge.

Eliminates the current reduction in the continuous employment requirement for aliens seeking L visa status pursuant to an employer's blanket petition.

Requires the Secretary of Homeland Security to maintain statistics regarding L visa petitions.

PROBLEM: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ecosystem Management Act of 1994''.

SEC. 2. ECOSYSTEM MANAGEMENT.

    (a) Definitions.--Section 103 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1702) is amended by adding at the end 
the following new subsections:
    ``(q) The term `Indian tribe' means any Indian tribe, band, nation, 
or other organized group or community (including any Alaska Native 
village or Regional Corporation established pursuant to the Alaska 
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) that is 
recognized as eligible for the special services provided by the United 
States to Indians because of their status as Indians.
    ``(r) The term `systems approach', with respect to an ecosystem, 
means an interdisciplinary scientific method of analyzing the ecosystem 
as a whole that takes into account the interconnections of the 
ecosystem.
    ``(s) The term `tribal organization' has the meaning given such 
term in section 4(l) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b(l)).''.
    (b) Ecosystem Management.--Title II of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1711 et seq.) is amended by adding at 
the end the following new sections:

                         ``ecosystem management

    ``Sec. 216. It is the policy of the Federal Government to carry out 
ecosystem management with respect to public lands in accordance with 
the following principles:
            ``(1) Human populations form an integral part of 
        ecosystems.
            ``(2) It is important to address human needs in the context 
        of other environmental attributes--
                    ``(A) in recognition of the dependency of human 
                economies on viable ecosystems; and
                    ``(B) in order to ensure diverse, healthy, 
                productive, and sustainable ecosystems.
            ``(3) A systems approach to ecosystem management furthers 
        the goal of conserving biodiversity.
            ``(4) Ecosystem management provides for the following:
                    ``(A) The promotion of the stewardship of natural 
                resources.
                    ``(B) The formation of partnerships of public and 
                private interests to achieve shared goals for the 
                stewardship of natural resources.
                    ``(C) The promotion of public participation in 
                decisions and activities related to the stewardship of 
                natural resources.
                    ``(D) The use of the best available scientific 
                knowledge and technology to achieve the stewardship of 
                natural resources.
                    ``(E) The establishment of cooperative planning and 
                management activities to protect and manage ecosystems 
                that cross jurisdictional boundaries.
                    ``(F) The implementation of cooperative, 
                coordinated planning activities among Federal, tribal, 
                State, local, and private landowners.

                   ``ecosystem management commission

    ``Sec. 217. (a) Establishment.--There is established an Ecosystem 
Management Commission (referred to in this section as the 
`Commission').
    ``(b) Purposes of the Commission.--The purposes of the Commission 
are as follows:
            ``(1) To advise the Secretary and Congress concerning 
        policies relating to ecosystem management on public lands.
            ``(2) To examine opportunities for and constraints on 
        achieving cooperative and coordinated ecosystem management 
        strategies that provide for cooperation between the Federal 
        Government and Indian tribes, States and political subdivisions 
        of States, and private landowners to incorporate a 
        multijurisdictional approach to ecosystem management.
    ``(c) Members.--The Commission shall consist of the following 16 
individuals:
            ``(1) From the Committee on Energy and Natural Resources of 
        the Senate:
                    ``(A) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member).
                    ``(B) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member) of the Subcommittee on Public Lands, National 
                Parks and Forests.
            ``(2) From the Committee on Appropriations of the Senate:
                    ``(A) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member).
                    ``(B) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member) of the Subcommittee on Interior and Related 
                Agencies.
            ``(3) From the Committee on Natural Resources of the House 
        of Representatives:
                    ``(A) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member).
                    ``(B) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member) of the Subcommittee on National Parks, Forests, 
                and Public Lands.
            ``(4) From the Committee on Appropriations of the House of 
        Representatives:
                    ``(A) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member).
                    ``(B) The Chairman (or a designee of the Chairman) 
                and the Ranking Minority Member (or a designee of the 
                Member) of the Subcommittee on Interior.
    ``(d) Chairman.--The Commission shall elect a Chairman from among 
the members of the Commission.
    ``(e) Duties of the Commission.--The duties of the Commission are 
as follows:
            ``(1) To conduct studies to accomplish the following:
                    ``(A) To develop, in a manner consistent with 
                section 216, a definition of the term `ecosystem 
                management'.
                    ``(B) To identify appropriate geographic scales for 
                coordinated ecosystem-based planning.
                    ``(C) To identify, with respect to the Federal 
                Government, the governments of Indian tribes, States 
                and political subdivisions of States, and private 
                landowners, constraints on, and opportunities for, 
                ecosystem management in order to facilitate the 
                coordination of planning activities for ecosystem 
                management among the governments and private 
                landowners.
                    ``(D) To identify strategies for implementing 
                ecosystem management that recognize the following:
                            ``(i) The role of human populations in the 
                        operation of ecosystems.
                            ``(ii) The dependency of human populations 
                        on sustainable ecosystems for the production of 
                        goods and the provision of services.
                    ``(E) To examine this Act, and each other Federal 
                law or policy that directly or indirectly affects the 
                management of public lands, including Federal lands 
                that have been withdrawn from the public domain, to 
                determine whether any legislation or changes to 
                administrative policies, practices, or procedures are 
                necessary to facilitate ecosystem management by the 
                Federal Government in accordance with section 216.
                    ``(F) To examine the budget and operation of each 
                Federal department or agency with responsibilities 
                related to ecosystem management to determine whether 
                changes are needed to facilitate ecosystem management.
                    ``(G) To identify incentives, such as trust funds, 
                to encourage Indian tribes, States and political 
                subdivisions of States, and private landowners to 
                assist the Federal Government in the development of 
                ecosystem management strategies.
                    ``(H) To identify disincentives that may be used to 
                discourage the entities described in subparagraph (G) 
                from refusing to assist the Federal Government in the 
                development of ecosystem management strategies.
                    ``(I) To determine the necessity for one or more 
                governmental entities--
                            ``(i) to establish a new river basin 
                        commission or other regional entity,
                            ``(ii) to enter into a new interstate 
                        compact, or
                            ``(iii) to take any other related action,
                in order to facilitate the implementation of ecosystem 
                management and to ensure the coordination of planning 
                activities with other governmental entities in a manner 
                consistent with section 216 and this section.
                    ``(J) To identify, through the use of case studies 
                that represent different regions of the United States 
                (including the Columbia River Basin in the Western 
                United States and the New York-New Jersey Highlands 
                area in the Eastern United States), opportunities for 
                and constraints on the coordination of planning 
                activities of the Federal Government, Indian tribes, 
                State governments, and the governments of political 
                subdivisions of States, and private landowners to 
                accomplish the following:
                            ``(i) To implement ecosystem management.
                            ``(ii) To serve as a framework for 
                        cooperative planning efforts across the United 
                        States.
            ``(2) To develop recommendations concerning the findings of 
        the studies described in paragraph (1).
            ``(3) To submit to Congress and the Secretary, not later 
        than 1 year after the date of enactment of the Ecosystem 
        Management Act of 1994, a report that contains the findings of 
        the studies conducted pursuant paragraph (1) and the 
        recommendations developed pursuant to paragraph (2).
    ``(f) Meetings.--
            ``(1) Not later than 180 days after the date of enactment 
        of the Ecosystem Management Act of 1994, the Commission shall 
        hold its initial meeting.
            ``(2) Subsequent meetings shall be held at the call of the 
        Chairman.
    ``(g) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    ``(h) Powers of the Commission .--(1) The Commission may hold such 
hearings, sit and act at such times and places, take such testimony, 
and receive such evidence as the Commission considers appropriate to 
carry out this section.
    ``(2) The Commission may secure directly from any Federal 
department or agency such information as the Commission considers 
necessary to carry out the duties of the Commission, specified in 
subsection (e). Upon request of the Chairman of the Commission, the 
head of such Federal department or agency shall furnish such 
information to the Commission.
    ``(3) The Commission may use the United States mails in the same 
manner and under the same conditions as other Federal departments or 
agencies.
    ``(4) The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    ``(i)  Personnel and Services.--The Secretary shall detail without 
reimbursement such personnel, and provide such services without 
reimbursement to the Commission as the Commission may require to carry 
out the duties specified in subsection (e). An employee of the Federal 
Government detailed to the Commission under this subsection shall serve 
without interruption or loss of civil service status or privilege.
    ``(j) Travel Expenses.--The members of the Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence, at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Commission.
    ``(k) Advisory Committee.--(1) Not later than 90 days after the 
date of enactment of the Ecosystem Management Act of 1994, the 
Secretary shall establish an Ecosystem Management Advisory Committee 
(referred to in this section as the `Advisory Committee') to assist the 
Commission in preparing and reviewing the report required by subsection 
(e)(3).
    ``(2) The Secretary shall appoint 13 members to the Advisory 
Committee by the date specified in paragraph (1) as follows:
            ``(A) Two members shall be selected from nominations 
        submitted by tribal organizations located in States that have a 
        significant amount of public lands (as determined by the 
        Secretary).
            ``(B) Three members shall be officials of a government of a 
        State or political subdivision of a State or a community 
        organization (as determined by the Secretary) selected from 
        nominations from the Governors of States described in 
        subparagraph (A) or from the Western Governors Association.
            ``(C) Two members shall be representatives of conservation 
        groups who have substantial experience and expertise in public 
        land policies.
            ``(D) Two members shall be representatives of industrial 
        concerns who have substantial experience and expertise in 
        public land policies.
            ``(E) Two members shall be representatives of scientific or 
        professional societies who are familiar with the concept of 
        ecosystem management.
            ``(F) Two members shall be representatives from the legal 
        community with recognized legal expertise in the areas of--
                    ``(i) constitutional or land use law; and
                    ``(ii) public land policy.
    ``(3) The Advisory Committee shall select a Chairman from among the 
members of the Advisory Committee.
    ``(4) The Advisory Committee shall hold an initial meeting not 
later than 30 days after the Commission holds its initial meeting 
pursuant to subsection (f)(1). Subsequent meetings shall be held at the 
call of the Chairman.
    ``(5) The Advisory Committee shall have same authorities granted to 
the Commission under paragraphs (1) through (4) of subsection (h).
    ``(6) The members of the Advisory Committee shall be allowed travel 
expenses, including per diem in lieu of subsistence, at rates 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their homes or regular 
places of business in the performance of services for the Advisory 
Committee.
    ``(l) Termination of Commission and Advisory Committee.--The 
Commission and Advisory Committee shall terminate on the date that is 
30 days after the Commission submits a report to the Secretary and to 
Congress under subsection (e)(3).
    ``(m) Exemption From Federal Advisory Committee Act.--The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission or to the Advisory Committee.
    ``(n) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of the Interior $10,000,000 to carry out 
this section.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Amendment to Table of Contents.--The table of contents at the 
beginning of the Federal Land Policy and Management Act of 1976 is 
amended by adding at the end of the items relating to title II the 
following new items:

``Sec. 215. Authority with respect to certain withdrawals.
``Sec. 216. Ecosystem management.
``Sec. 217. Ecosystem Management Commission.''.
    (b) Technical Amendment.--Before section 215 of such Act (43 U.S.C. 
1723) insert the following new heading:

           ``authority with respect to certain withdrawals''.

SOLUTION:
Ecosystem Management Act of 1994 - Amends the Federal Land Policy and Management Act of 1976 to establish an Ecosystem Management Commission to:  (1) advise the Secretary of the Interior and the Congress concerning policies relating to ecosystem management on public lands; and (2) examine opportunities for and constraints on achieving cooperative and coordinated ecosystem management strategies that provide for cooperation between the Federal Government and Indian tribes, States and political subdivisions of States, and private landowners to incorporate a multijurisdictional approach to ecosystem management. 
Requires the Secretary to establish an Ecosystem Management Advisory Committee to assist the Commission.  Authorizes appropriations.