113 S2970 PCS: Military Justice Improvement Act of 2014
U.S. Senate

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EN
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IICalendar No. 611113th CONGRESS2d SessionS. 2970IN THE SENATE OF THE UNITED STATESDecember 2, 2014Mrs. Gillibrand introduced the following bill; which was read the first timeDecember 3, 2014Read the second time and placed on the calendarA BILLTo reform procedures for determinations to proceed to trial by court-martial for certain offenses
			 under the Uniform Code of Military Justice, and for other purposes.1.Short titleThis Act may be cited as the
		  Military Justice Improvement Act of 2014.2.Modification of
		authority to determine to proceed to trial by court-martial on charges on
		certain offenses with authorized maximum sentence of confinement of more than one
			 year(a)Modification of
		authority(1)In
		general(A)Military departmentsWith respect to charges under chapter 47 of title 10,
		United States Code (the Uniform Code of Military Justice), that allege an
		offense specified in paragraph (2) and not excluded under paragraph (3), the
			 Secretary
		of Defense shall require the Secretaries of the military departments to provide
		for the determination under section 830(b) of such chapter (article 30(b) of
		the Uniform Code of Military Justice) on whether to try such charges by
		court-martial as provided in paragraph (4).(B)Homeland securityWith respect to charges under chapter 47 of title 10,
		United States Code (the Uniform Code of Military Justice), that allege an
		offense specified in paragraph (2) and not excluded under paragraph (3) against a
			 member of the Coast Guard (when it is not operating as a service in the
			 Navy), the Secretary
		of Homeland Security shall provide
		for the determination under section 830(b) of such chapter (article 30(b) of
		the Uniform Code of Military Justice) on whether to try such charges by
		court-martial as provided in paragraph (4).(2)Covered offensesAn offense specified in this paragraph is an offense as follows:(A)An offense under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice),
			 that is triable by court-martial under that chapter for which the maximum
			 punishment authorized under that chapter includes confinement for more
			 than one year.(B)A conspiracy to commit an offense specified in subparagraph (A) as punishable under section 881 of
			 title 10, United States Code (article 81 of the Uniform Code of Military
			 Justice).(C)A solicitation to commit an offense specified in subparagraph (A) as punishable under section 882
			 of title 10, United States Code (article 82 of the Uniform Code of
			 Military Justice).(D)An attempt to commit an offense specified in subparagraphs (A) through (C) as punishable under
			 section 880 of title 10, United States Code (article 80 of the Uniform
			 Code of Military Justice).(3)Excluded offensesParagraph (1) does not apply to an offense as follows:(A)An offense under sections 883 through 917 of title 10, United States Code (articles 83 through 117
			 of the Uniform Code of Military Justice).(B)An offense under section 933 or 934 of title 10, United States Code (articles 133 and 134 of the
			 Uniform Code of Military Justice).(C)A conspiracy to commit an offense specified in subparagraph (A) or (B) as punishable under section
			 881 of title 10, United States Code (article 81 of the Uniform Code of
			 Military Justice).(D)A solicitation to commit an offense specified in subparagraph (A) or (B) as punishable under
			 section 882 of title 10, United States Code (article 82 of the Uniform
			 Code of Military Justice).(E)An attempt to commit an offense specified in subparagraph (A) through (D) as punishable under
			 section 880 of title 10, United States Code (article 80 of the Uniform
			 Code of Military Justice).(4)Requirements
		and limitationsThe disposition of charges pursuant to paragraph
		(1) shall be subject to the following:(A)The determination
		whether to try such charges by court-martial shall be made by a commissioned
		officer of the Armed Forces designated in accordance with regulations
		prescribed for purposes of this subsection from among commissioned officers of
		the Armed Forces in grade O–6 or higher who—(i)are
		available for detail as trial counsel under section 827 of title 10, United
		States Code (article 27 of the Uniform Code of Military Justice);(ii)have
		significant experience in trials by general or special court-martial;
		and(iii)are
		outside the chain of command of the member subject to such charges.(B)Upon a
		determination under subparagraph (A) to try such charges by court-martial, the
		officer making that determination shall determine whether to try such charges
		by a general court-martial convened under section 822 of title 10, United
		States Code (article 22 of the Uniform Code of Military Justice), or a special
		court-martial convened under section 823 of title 10, United States Code
		(article 23 of the Uniform Code of Military Justice).(C)A determination under subparagraph (A) to try charges by court-martial shall  include a
			 determination to try all known offenses, including lesser included
			 offenses.(D)The determination
		to try such charges by court-martial under subparagraph (A), and by type of
		court-martial under subparagraph (B), shall be binding on any applicable
		convening authority for a trial by court-martial on such charges.(E)The actions of an
		officer described in subparagraph (A) in determining under that subparagraph
		whether or not to try charges by court-martial shall be free of unlawful or
		unauthorized influence or coercion.(F)The determination
		under subparagraph (A) not to proceed to trial of such charges by general or
		special court-martial shall not operate to terminate or otherwise alter the
		authority of commanding officers to refer such charges for trial by summary
		court-martial convened under section 824 of title 10, United States Code
		(article 24 of the Uniform Code of Military Justice), or to impose non-judicial
		punishment in connection with the conduct covered by such charges as authorized
		by section 815 of title 10, United States Code (article 15 of the Uniform Code
		of Military Justice).(5)Construction
		with charges on other offensesNothing in this subsection shall
		be construed to alter or affect the disposition of charges under chapter 47 of
		title 10, United States Code (the Uniform Code of Military Justice), that
		allege an offense triable by court-martial under that chapter for which the maximum
			 punishment authorized under that chapter includes confinement for one year
			 or less.(6)Policies and
		procedures(A)In
		generalThe Secretaries of the military departments and the Secretary of Homeland Security (with respect to
			 the Coast Guard when it is not operating as a service in the Navy) shall
			 revise
		policies and procedures as necessary to comply with this subsection.(B)UniformityThe
		General Counsel of the Department of Defense and the General Counsel of the
			 Department of Homeland Security shall jointly review the policies and
		procedures revised under this paragraph in order to ensure that any lack of
		uniformity in policies and procedures, as so revised, among the military
		departments and the Department of Homeland Security does not render
			 unconstitutional any policy or procedure, as so
		revised.(7)Manual for
		Courts-MartialThe Secretary of Defense shall recommend such
		changes to the Manual for Courts-Martial as are necessary to ensure compliance
		with this subsection.(b)Effective date
		and applicabilitySubsection (a), and the revisions required by
		that subsection, shall take effect on the date that is 180 days after the date
		of the enactment of this Act, and shall apply with respect to charges preferred
		under section 830 of title 10, United States Code (article 30 of the Uniform
		Code of Military Justice), on or after such effective date.3.Modification
		of officers authorized to convene general and special courts-martial(a)In
		generalSubsection (a) of
		section 822 of title 10, United States Code (article 22 of the Uniform Code of
		Military Justice), is amended—(1)by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and(2)by inserting
		after paragraph (7) the following new paragraph (8):(8)the officers in
		  the offices established pursuant to section 3(c) of the Military Justice
			 Improvement Act of 2014  or officers in the grade of O–6 or higher
		  who are assigned such responsibility by the Chief of Staff of the Army, the
		  Chief of Naval Operations, the Chief of Staff of the Air Force, the
		  Commandant of the Marine Corps, or the Commandant of the Coast Guard, but only
			 with respect to offenses to which section 2(a)(1) of the Military Justice
			 Improvement Act of 2014  applies;.(b)No exercise by
		officers in chain of command of accused or victimSuch section
		(article) is further amended by adding at the end the following new
		subsection:(c)An officer
		  specified in subsection (a)(8) may not convene a court-martial under this
		  section if the officer  is in the chain of command of the accused or the
		  victim..(c)Offices of
		Chiefs of Staff on courts-Martial(1)Offices
		requiredEach Chief of Staff of the Armed Forces or Commandant specified in
		paragraph (8) of section 822(a) of title 10, United States Code (article 22(a)
		of the Uniform Code of Military Justice), as amended by subsection (a), shall
		establish an office to do the following:(A)To convene
		general and special courts-martial under sections 822 and 823 of title 10,
		United States Code (articles 22 and 23 of the Uniform Code of Military
		Justice), pursuant to paragraph (8) of section 822(a) of title 10, United
		States Code (article 22(a) of the Uniform Code of Military Justice), as so
		amended, with respect to offenses to which  section 2(a)(1) applies.(B)To detail under
		section 825 of title 10, United States Code (article 25 of the Uniform Code of
		Military Justice), members of courts-martial convened as described in
		subparagraph (A).(2)PersonnelThe
		personnel of each office established under paragraph (1) shall consist of such
		members of the Armed Forces and civilian personnel of the Department of Defense, or
			 such members of the Coast Guard or civilian personnel of the Department of
			 Homeland Security,
		as may be detailed or assigned to the office by the Chief of Staff or Commandant
			 concerned.
		The members and personnel so detailed or assigned, as the case may be, shall be
		detailed or assigned from personnel billets in existence on the date of the
		enactment of this Act.4.Discharge
		using otherwise authorized personnel and resources(a)In
		generalThe Secretaries of
		the military departments and the Secretary of Homeland Security (with respect to
			 the Coast Guard when it is not operating as a service in the Navy) shall
			 carry out sections 2 and 3 (and the
		amendments made by section 3) using personnel, funds, and resources
		otherwise authorized by law.(b)No
		authorization of additional personnel or resourcesSections 2 and 3 (and the amendments made by section 3) shall not be construed as
		authorizations for personnel, personnel billets, or funds for the discharge of
		the requirements in such sections.5.Monitoring
		and assessment of modification of authorities on courts-martial by independent
		panel on review and assessment of proceedings under the Uniform Code of
		Military JusticeSection 576(d)(2) of the National Defense Authorization Act for Fiscal Year
		2013 (Public Law 112–239; 126 Stat. 1762) is amended—(1)by
		redesignating subparagraph (J) as subparagraph (K); and(2)by
		inserting after subparagraph (I) the following new subparagraph (J):(J)Monitor and assess the implementation
		  and efficacy of sections 2 through 4	of the Military Justice Improvement Act of
			 2014, and the amendments made by such
		  sections..December 3, 2014Read the second time and placed on the calendar


109 HR 3643 IH: Spaceport Equality Act of 2005
U.S. House of Representatives
2005-07-29
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I
109th CONGRESS
1st Session
H. R. 3643
IN THE HOUSE OF REPRESENTATIVES

July 29, 2005
Mr. Weldon of Florida introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to treat spaceports like airports under the exempt facility bond rules.

1.Short titleThis Act may be cited as the Spaceport Equality Act of 2005.
2.Spaceports treated like airports under exempt facility bond rules
(a)In generalParagraph (1) of section 142(a) of the Internal Revenue Code of 1986 (relating to exempt facility bonds) is amended to read as follows:

(1)airports and spaceports,.
(b)Treatment of ground leasesParagraph (1) of section 142(b) of the Internal Revenue Code of 1986 (relating to certain facilities must be governmentally owned) is amended by adding at the end the following new subparagraph:

(C)Special rule for spaceport ground leasesFor purposes of subparagraph (A), spaceport property which is located on land owned by the United States and which is used by a governmental unit pursuant to a lease (as defined in section 168(h)(7)) from the United States shall be treated as owned by such unit if—
(i)the lease term (within the meaning of section 168(i)(3)) is at least 15 years, and
(ii)such unit would be treated as owning such property if such lease term were equal to the useful life of such property..
(c)Definition of SpaceportSection 142 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

(m)Spaceport
(1)In generalFor purposes of subsection (a)(1), the term spaceport means—
(A)any facility directly related and essential to servicing spacecraft, enabling spacecraft to launch or reenter, or transferring passengers or space cargo to or from spacecraft, but only if such facility is located at, or in close proximity to, the launch site or reentry site, and
(B)any other functionally related and subordinate facility at or adjacent to the launch site or reentry site at which launch services or reentry services are provided, including a launch control center, repair shop, maintenance or overhaul facility, and rocket assembly facility.
(2)Additional termsFor purposes of paragraph (1)—
(A)Space cargoThe term space cargo includes satellites, scientific experiments, other property transported into space, and any other type of payload, whether or not such property returns from space.
(B)SpacecraftThe term spacecraft means a launch vehicle or a reentry vehicle.
(C)Other termsThe terms launch, launch site, launch services, launch vehicle, payload, reenter, reentry services, reentry site, and reentry vehicle shall have the respective meanings given to such terms by section 70102 of title 49, United States Code (as in effect on the date of enactment of this subsection)..
(d)Exception from federally guaranteed bond prohibitionParagraph (3) of section 149(b) of the Internal Revenue Code of 1986 (relating to exceptions) is amended by adding at the end the following new subparagraph:

(E)Exception for spaceportsParagraph (1) shall not apply to any exempt facility bond issued as part of an issue described in paragraph (1) of section 142(a) to provide a spaceport in situations where—
(i)the guarantee of the United States (or an agency or instrumentality thereof) is the result of payment of rent, user fees, or other charges by the United States (or any agency or instrumentality thereof), and
(ii)the payment of the rent, user fees, or other charges is for, and conditioned upon, the use of the spaceport by the United States (or any agency or instrumentality thereof)..
(e)Conforming amendmentThe heading for section 142(c) of the Internal Revenue Code of 1986 is amended by inserting Spaceports, after Airports,.
(f)Effective dateThe amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.


115 SRES 610 IS: Recognizing that for 50 years, the Republic of Fiji has worked with the United States toward stability, prosperity, and peace in the Pacific and beyond, and expressing the sense of the Senate that the United States will continue to remain a strong, reliable, and active partner in the Pacific.
U.S. Senate
2020-06-08
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III116th CONGRESS2d SessionS. RES. 610IN THE SENATE OF THE UNITED STATESJune 8, 2020Mr. Gardner (for himself and Ms. Hirono) submitted the following resolution; which was referred to the Committee on Foreign RelationsRESOLUTIONRecognizing that for 50 years, the Republic of Fiji has worked with the United States toward stability, prosperity, and peace in the Pacific and beyond, and expressing the sense of the Senate that the United States will continue to remain a strong, reliable, and active partner in the Pacific.Whereas Fiji became independent of the United Kingdom on October 10, 1970;Whereas Fiji is a valued security partner of the United States, participating in the International Military Education and Training (IMET) program, which sends members of the Republic of Fiji Military Forces to professional military education courses in the United States; Whereas the Republic of Fiji Military Forces deployed to Australia in January 2020 to assist with the Australian bushfires and look to contribute to future United Nations peacekeeping operations;Whereas Fiji participates in workshops sponsored by United States Indo-Pacific Command covering international humanitarian law, humanitarian assistance and disaster relief (HADR), maritime security, peacekeeping, and search and rescue operations;Whereas, since signing a shiprider agreement with Fiji in 2019, the United States has hosted Fijian shipriders on United States Navy and Coast Guard vessels;Whereas the United States Government supports strengthening cooperative activities with the Government of Fiji, including sustainable fisheries management and those authorized by the Asia Reassurance Initiative Act of 2018 (Public Law 115–109);Whereas section 1252 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) expands the number of countries that receive assistance under the Indo-Pacific Maritime Security Initiative, including Fiji;Whereas a peaceful, prosperous, and open Indo-Pacific rooted in a rule-based order that promotes security, opportunity, and dignity to all peoples benefits the people of both the United States and Fiji;Whereas Fiji restored democratic governance in 2014;Whereas over 30,000 United States citizens trace their roots to Fiji, and many of these reside in California;Whereas Fiji has hosted the Peace Corps since 1968;Whereas Des Plaines, Illinois, and Nailuva, Fiji, are sister cities, a broad-based, long-term partnership to promote peace through mutual respect, understanding, and cooperation centered on people-to-people exchanges; andWhereas the Nevada National Guard entered into a State Partnership Program with Fiji in 2019: Now, therefore, be itThat the Senate—(1)commends the Republic of Fiji on a successful return to democracy and 2 elections deemed to be free and fair by international observers;(2)supports and affirms the full implementation of provisions of the Asia Reassurance Initiative Act of 2018 (Public Law 115–409) with regard to deepening its cooperation with Fiji in areas of mutual interest, including fisheries and marine resource conservation, environmental challenges and resilience, global health, development and trade, and people-to-people ties, as well as continuing United States assistance, as appropriate, to support the rule of law, good governance, and economic development; and(3)recognizes Fiji’s participation in multinational security forces and multilateral institutions, including the United Nations, the International Monetary Fund, the World Bank, the Asian Development Bank, the International Atomic Energy Agency, the World Trade Organization, the Pacific Community, and the Secretariat of the Pacific Regional Environmental Programme, and the Pacific Islands Forum.


117 S932 IS: Transparency in Classification Act of 2021
U.S. Senate
2021-03-23
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II117th CONGRESS1st SessionS. 932IN THE SENATE OF THE UNITED STATESMarch 23, 2021Mr. Murphy (for himself and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo establish the Interagency Security Classification Appeals Panel, to provide agency and higher level reviews of classification decisions, to provide expedited review of classification decisions for members of Congress, and to provide protections for those challenging classification decisions, and for other purposes.1.Short titleThis Act may be cited as the Transparency in Classification Act of 2021.2.FindingsCongress makes the following findings:(1)A fundamental tenet of democracy is the consent of the governed, which requires public knowledge of governmental actions. As a result, few government powers are more sacred than the ability to decide which information should be withheld from the public. (2)The protection of our national security requires that some of the work of the United States Government be done such that this information is protected if its disclosure could cause serious or grave harm to national security and if such harm does not outweigh the public's right to know.(3)Although the executive branch of the Federal Government has a responsibility to weigh the public's right to know when making classification decisions, it does not always do so due to errors of commission and omission.(4)In order to ensure an informed public while simultaneously protecting certain information that would harm national security if divulged, checks and balances are needed for the classification system.(5)Congress, by virtue of its vital role in oversight, has an interest and responsibility to address abuse and improper classification by the executive branch of the Federal Government.(6)Although section 552 of title 5, United States Code (commonly known as the Freedom of Information Act) and other public access tools, including Mandatory Declassification Review pursuant to section 3.5 of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), provide venues for declassifying records that would not harm national security if divulged, the lengthy time frame for these appeals renders them ineffective in nourishing vital public debate.(7)An accurate and limited classification system supports both the public's right to know and government effectiveness through enabling policy coordination, reducing costs of maintaining information that need not be classified, and protecting the integrity of the classification system.(8)The national security of the United States is enhanced both by laws permitting national security agencies to occasionally limit access to sensitive national security information through the classification system, such as Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), and by an open debate on decisions that affect the national security of the United States. Both are central to the proper functioning of the political institutions and democracy of the United States. (9)Allowing limitations on access as described in paragraph (8) presents a potential for abuse, where embarrassing or inconvenient information could be classified for reasons other than national security. This is prohibited by law, including by section 1.7 of Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information). (10)Ensuring national security agencies use classification powers judiciously and in accordance with the laws described in paragraph (8) requires a recourse for authorized classification holders, including all members of Congress, to challenge classifications decisions of agencies and appeal agency-level classification decisions to an independent body.(11)Since 1995, the Interagency Security Classification Appeals Panel (ISCAP) has provided the public and users of the classification system with a valuable forum for further review of classification decisions.(12)Since the founding of the Interagency Security Classification Appeals Panel, however, the work of the Panel has been constrained by a lack or resources, including classified communication technology and dedicated staff, as well as limited progress on much-needed governmentwide modernization of the classification system. This has created a backlog of more than 1,000 cases. (13)Since 2000, the Public Interest Declassification Board (PIDB) has provided a vital role in supporting the public interest in classification policy and classification decisions, including the vital role of responding to requests from Congress to consider the classification decisions of specific records. This advisory role plays a separate, complementary role to the Interagency Security Classification Appeals Panel, which is able to declassify records through its appeal function. (14)Section 2302(b)(9)(A) of title 5, United States Code, prohibits the head of an agency from taking or failing to take, or threatening to take or fail to take, a personnel action against certain employees because of the exercise of an appeal, complaint, or grievance right granted by any provision of law.3.DefinitionsIn this Act:(1)Agency, classified material or record, declassification, and national securityThe terms agency, classified material, classified record, declassification, and national security have the meanings given such terms in section 709 of the Public Interest Declassification Act of 2000 (Public Law 106–567; 50 U.S.C. 3355g).(2)Authorized users of the classification systemThe term authorized user of the classification system means an official or contractor of the Federal Government who is authorized to access classified material or records.(3)Classification decision(A)In generalThe term classification decision, means a decision regarding whether any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, videotape, machine readable records, and other documentary material, regardless of physical form or characteristics, requires protection against unauthorized disclosure in the interests of the national security of the United States.(B)InclusionSuch term includes the following:(i)An original classification decision.(ii)A decision creating a derivative classification.(iii)A decision creating a classification by compilation.(iv)Any decision creating any similar classification pursuant to a provision of law in effect on the day before the date of the enactment of this Act.(4)PanelThe term Panel means the Interagency Security Classification Appeals Panel established under section 4(a).4.Interagency Security Classification Appeals Panel(a)EstablishmentThere is established within the executive branch of the United States a panel to be known as the Interagency Security Classification Appeals Panel.(b)PurposesThe purposes of the Panel are as follows: (1)To provide the public and authorized users of the classification system, including members of Congress and employees and contractors of the legislative branch of the Federal Government who are authorized users of the classification system, with a forum for further review of classification decisions made by the heads of agencies.(2)To provide a member of Congress a mechanism for expedited review of a classification decision that is relevant to an active public policy debate.(c)DutiesThe duties of the Panel are as follows:(1)Carrying out such activities as may be necessary for the purposes set forth under subsection (b).(2)Conducting reviews under section 5(b).(3)Such other duties as may be identified by the President.(d)Membership(1)CompositionSubject to paragraphs (2) and (3), the Panel shall be composed of 6 members, each of whom shall be appointed by one of the following:(A)The Secretary of State.(B)The Secretary of Defense.(C)The Attorney General.(D)The Archivist of the United States.(E)The Director of National Intelligence.(F)The National Security Advisor.(2)Additional members under certain circumstances(A)Matters concerning the Central Intelligence AgencySubject to paragraph (3), when the Panel deliberates a matter concerning classified material or records that originated with the Central Intelligence Agency or when dealing with a support activity associated with such a classified material or record, the Panel shall, at the discretion of the Director of the Central Intelligence Agency, consist of 7 members as follows:(i)The 6 members of the Panel appointed under paragraph (1).(ii)One member appointed by the Director of the Central Intelligence Agency.(B)Matters concerning CongressSubject to paragraph (3)(B), when the Panel deliberates a matter concerning classified material or records relating to congressional requests or reporting requirements, the Panel shall consist of 8 members as follows:(i)The 6 members of the Panel appoints under paragraph (1).(ii)One member chosen by the Secretary of the Senate.(iii)One member chosen by the Clerk of the House of Representatives. (3)Qualifications and status(A)Federal employee statusEach member of the Panel under paragraphs (1) and (2)(A) shall be a full-time or permanent employee of the Federal Government who is in a senior-level position, such as a member of the Senior Executive Service.(B)Security clearanceAn individual may not be selected to be a member of the Panel unless, as of the day before the date of such selection, the individual had a security clearance at a level appropriate for purposes of serving as a member of the Panel.(4)Chairperson(A)In generalThe members of the Panel appointed under paragraph (1) shall designate a chairperson from among the members of the Panel.(B)ReportingThe chairperson of the Panel shall report directly to the Director of the Information Security Oversight Office of the National Archives and Records Administration.(e)Administration(1)Executive secretaryThe Director of the Information Security Oversight Office of the National Archives and Records Administration shall serve as the executive secretary of the Panel.(2)Program and administrative supportThe Director shall provide program and administrative support for the Panel.(3)BylawsNot later than 180 days after the date of the enactment of this Act, the Panel shall publish bylaws that clearly show how individuals described in section 5(b)(1)(A) may submit requests under such section. (f)Public observer(1)In generalThe Panel shall select a highly qualified, public observer who shall—(A)participate in activities and deliberations of the Panel;(B)aid in transparency and provide an external, historical perspective to inform Panel deliberations; and(C)be vetted and provided an interim and permanent security clearance.(2)QualificationsThe Panel shall ensure that a person selected to serve as a public observer under paragraph (1)—(A)has significant experience in examining and assessing public access to classified files or decisions in an academic, historic, or advocacy role;(B)has a history of independence and nonpartisan advocacy for transparency and open debate relating to government records; and(C)at the time of selection is not serving in a publicly elected office and has not served in a partisan elected office at any time during the 5-year period ending on the date of selection. 5.Agency and higher level review of classification decisions(a)Agency review of classification decisions(1)In generalEach head of an agency shall establish a process under which—(A)an individual who is eligible to access classified material or a classified record that was the subject of a classification decision made by such head may request a review of such classification decision;(B)the head of the agency reviews such classification decision pursuant to such request; and(C)the head of the agency revokes, modifies, or sustains such classification decision.(2)ElementsUnder a process established by the head of an agency under paragraph (1)—(A)an individual who is eligible to access classified material or a classified record that was the subject of a classification decision made by such head shall be able to request a review of such decision by submitting to the head, at any time, the request in writing;(B)except as provided in subparagraph (C), for each request the head of the agency receives under subparagraph (A) regarding a classification decision of the head of the agency, the head of the agency shall—(i)not later than 60 days after the date on which the head of the agency receives the request, respond to the request by providing the requestor with—(I)an acknowledgment that the head of the agency received the request; and(II)a notice estimating when the head of the agency will complete a review of the request under subparagraph (B) of paragraph (1) and act on the request under subparagraph (C) of such paragraph; and(ii)not later than 120 days after the date on which the head of the agency receives the request—(I)complete a review of the request pursuant to subparagraph (B) of paragraph (1); and(II)pursuant to such review, act on the request under subparagraph (C) of such paragraph;(C)the head of the agency is not required to review a classification decision as described in subparagraph (B) of paragraph (1) or take an action under subparagraph (C) of such paragraph if the classification decision was already reviewed pursuant to a substantially similar request under this subsection during the most recently 2-year period; (D)the head of the agency may review a classification decision pertaining to classified material or a classified record that is subject to a request under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act);(E)requests for review under this subsection and responses to such requests are not themselves treated as classified material or classified records;(F)any classified material or classified record that is the subject of a request under this subsection remains classified under this subsection until the head of the agency changes such classification under paragraph (1)(C) or such classification is changed by the Panel under subsection (b)(3); and(G)priority is given to the review of a classification decision when an expedited review has been requested under subsection (d)(2).(b)Appeals for higher level review(1)Submittal(A)In generalAn individual who is eligible to access classified material or a classified record that was the subject of a classification decision made by the head of an agency may submit to the Panel a request to review such classification decision.(B)MannerA request submitted under subparagraph (A) shall be submitted in writing.(C)Content(i)In generalExcept as provided in clause (ii), a request submitted under subparagraph (A) need not be more specific than questioning why classified material or a classified record is or is not classified at a certain level. (ii)Minimum informationA request submitted under subparagraph (A) with respect to a classification decision shall contain enough information to enable the executive secretary of the Panel to obtain pertinent documents about the request and the classification decision. (iii)No classified information(I)In generalExcept as provided in subclause (II), a request submitted under subparagraph (A) shall not include any classified material or records.(II)ArrangementsIf it is impossible for an individual to request under subparagraph (A) a review of a classification decision without submitting classified material or a classified record along with the request, the submitter of the request may do so after first contacting the Panel and making prior arrangements for submittal of the classified material or classified record. (D)Electronic submissionThe Panel shall establish and publicly announce an electronic mail address to which requests may be submitted under subparagraph (A).(E)Timeliness of requestsA requests submitted to the Panel under subparagraph (A) shall be submitted not later than 60 days after—(i)in a case in which the head of an agency provides a response to the submitter of the request in accordance with subsection (a)(2)(B), the date of the final agency decision arrived at pursuant to a review carried out pursuant to the request; or (ii)in a case in which the head of the agency fails to respond to the request in accordance with subsection (a)(2)(B), the date that is 60 days after the date on which the request was submitted to the head of the agency. (F)Rejection of requestsIf the executive secretary of the Panel determines that a request submitted under subparagraph (A) is not submitted in accordance with the requirements of this section, the executive secretary shall—(i)notify the submitter of the request, in writing, that the request was not submitted in accordance with the requirements of this section; and(ii)explain in detail how the request is deficient. (2)ReviewThe Panel shall review the following:(A)A classification decision of the head of an agency pursuant to a request for review submitted under paragraph (1)(A), in a case in which the submitter of the request—(i)previously submitted a request for review of the classification decision to the head of the agency in accordance with the process established by the head of the agency under subsection (a); and(ii)(I)received, pursuant to such process, a final decision arrived at pursuant to a review conducted pursuant to the request; or(II)did not receive a response as required by subsection (a)(2)(B).(B)A classification decision of the head of an agency pursuant to a request for expedited review for Congress submitted under subsection (d)(3).(3)Resolution(A)In generalAfter reviewing a classification decision of the head of an agency under paragraph (2) and using past precedent to inform and to improve the efficiency of decision making, the Panel may, pursuant to a vote of the members of the panel—(i)affirm the classification decision or a decision of the head arrived at pursuant to a review conducted pursuant to the process established by the head under subsection (a);(ii)reverse a decision described in clause (i), in whole or in part; or(iii)engage in dialogue with the head of the agency for further consideration of a decision described in clause (i).(B)VotesA decision to reverse under subparagraph (A)(ii) shall be made with an affirmative vote of at least a majority of the members of the Panel present for the vote.(C)NotificationNot later than 2 business days after the Panel decides to take an action under subparagraph (A) pursuant to a request for a review of a classification decision of the head of an agency, the executive secretary of the Panel shall notify the submitter of the request and the head of the agency in writing of the decision of the Panel.(D)Declassification(i)In generalExcept as provided in clause (ii), 10 days after the executive secretary of the Panel submits notice under subparagraph (C) with respect to a decision of the Panel that classified material or a classified record should be declassified in whole or in part under subparagraph (A), the Panel shall publish notice of the decision of the Panel and the declassified material or record, unless the President overrules the decision of the Panel under subsection (c).(ii)Declassification pursuant to appeals from members of CongressIn a case of a decision described in clause (i) that is arrived at pursuant to a request for expedited review for a member of Congress submitted under subsection (d)(3), the Panel shall carry out clause (i) as if the reference to 10 days were a reference to 2 days.(4)Administrative matters(A)Notice to agency headsIf the Panel receives a request under paragraph (1)(A) with respect to a classification decision of the head of an agency, the executive secretary of the Panel shall notify the head of the agency of such request.(B)Preparation of filesFor each request received by the Panel under paragraph (1)(A) pursuant to which the Panel will review a classification decision, the executive secretary of the Panel shall prepare a file and present pertinent portions of such file to the members of the Panel before any votes are taken with respect to the review. (C)Classified material and records(i)In generalAfter receiving a request under paragraph (1)(A) for review of a classification decision of the head of an agency, the executive secretary of the Panel shall arrange for the transmittal of relevant classified material and records from the agency.(ii)CooperationEach head of an agency that receives a request from the executive secretary of the Panel for classified material or records that pertain to the review of a classification decision of the head pursuant to a request submitted under paragraph (1)(A) or a mandatory declassification review shall, within 3 business days—(I)transmit the requested classified material, records, and documents to the executive secretary of the Panel; or(II)provide the executive secretary of the Panel with access to such material, records, and documents. (D)Website(i)In generalThe Panel shall make available to the public on the website of the Panel the following:(I)A log of all requests for review submitted to the Panel under paragraph (1)(A).(II)The status of each request logged under subclause (I).(III)A log of all actions taken and decisions made by the Panel under paragraph (3)(A).(IV)A justification for each decision logged under subclause (III).(ii)Requirements(I)In generalThe Panel shall ensure that the website of the Panel serves as a public record to streamline decision making of the Panel and assist those submitting appeals under this section as well as other functions of the Panel in effect pursuant to an Executive order that was in effect before the date of the enactment of this, including functions relating to mandatory declassification review. (II)Technical accessibilityInformation described in clause (i), and such other information as the Panel considers relevant, shall be published under such clause in a tabular format that is contemporaneously updated and allows for the tracking and monitoring of individual requests. Such action-tracking system shall support the processing of requests and be updated with modern technology and modern formats as the Panel considers appropriate.(5)Protection of classified material and recordsAny classified material or record that is the subject of a classification decision that is the subject of a request for review under this subsection shall remain classified unless and until a final decision is made to declassify it.(6)Maintenance of filesThe executive secretary of the Panel shall maintain the files and records of the Panel pertaining to requests for review under this subsection in accordance with chapter 22 of title 44, United States Code (known as the Presidential Records Act). (c)Review by the President(1)Petition for review(A)In generalExcept as provided in subparagraph (B), during the 10-day period beginning on the date on which the head of an agency receives a notice under subparagraph (C) of subsection (b)(3) that the Panel has decided to take an action under subparagraph (A) of such subsection with respect to a classification decision or other decision of the head of agency, the head of the agency may submit to the President a petition to reverse or modify the decision of the Panel.(B)Petition period for decisions pursuant to appeals from members of CongressIn a case of a decision to act as described in subparagraph (A) that is arrived at pursuant to a request for expedited review for a member of Congress submitted under subsection (d)(3), subparagraph (A) shall apply as if the reference to 10-day period were a reference to 2-day period. (2)Review and resolution(A)In generalIn response to a petition under paragraph (1), the President may overrule or modify any decision of the Panel described in the petition.(B)PublicationIn a case in which the President acts to overrule or modify a decision of the Panel under subparagraph (A), such act shall be published under subsection (b)(4)(D) in the same manner as an action or decision of the Panel.(d)Review for members of Congress(1)Treatment of members of Congress(A)AuthorityA member of Congress may submit a request under subsection (a) for review of a classification decision of the head of an agency.(B)TreatmentFor purposes of this section and except as otherwise provided in this section, a member of Congress shall be treated as an individual who is eligible to access the classified material or a classified record that was the subject of a classification decision.(2)Expedited agency review for members of Congress(A)In generalWhen a member of Congress submits a request under subsection (a) for review of the classification decision of the head of an agency and the member of Congress is a member of a committee of Congress that has jurisdiction over such agency, the member of Congress may request that the review be conducted on an expedited basis.(B)ContentsA request submitted under subparagraph (A) for expedited review of a classification decision shall include the following:(i)An indication that the member of Congress is requesting an expedited review of the classification decision.(ii)A justification described in subparagraph (C).(C)Justification(i)In generalA justification described in this subparagraph regarding a request for an expedited review of a classification decision regarding classified materials or records is an explanation of the public interest in an expedited public release and access to such classified materials or records.(ii)Justification requiring classified material or recordsIn a case in which a justification cannot be made under subparagraph (B)(ii) by a member of Congress without the use or presentation of classified material or records, the member of Congress shall make a prior arrangement with the head of the agency for such presentation.(3)Expedited higher level review for members of Congress(A)In generalUnder any of the circumstances described in subparagraph (B), a member of Congress may submit a request to the Panel for expedited review of a classification decision of the head of an agency or a decision of the head of an agency reached pursuant to a review under subsection (a).(B)CircumstancesThe circumstances described in the subparagraph are the circumstances in which a member of Congress—(i)submits to the head of an agency a request for a review of the classification decision of the head of the agency under subsection (a);(ii)the member of Congress is a member of a committee of Congress that has jurisdiction over such agency; and(iii)(I)the member of Congress is not satisfied with the response of the head of the agency under such subsection;(II)the member of Congress does not receive a response from the head of the agency in 5 or fewer business days regarding the request for review; or(III)the head of the agency does not complete the requested review and decide on the matter set forth in the request in 10 or fewer business days. (C)ContentsA request submitted under subparagraph (A) shall include the following:(i)An indication that the member of Congress is requesting an expedited review of the classification decision.(ii)A justification described in subparagraph (D). (D)Justification(i)In generalA justification described in this subparagraph regarding a request for an expedited review of a decision concerning a classification decision that pertains to classified materials or records is an explanation of the public interest in an expedited public release and access to such classified materials or records.(ii)Justification requiring classified material or recordsIn a case in which a justification cannot be made under subparagraph (C)(ii) by a member of Congress without the use or presentation of classified material or records, the member of Congress shall make a prior arrangement with the Panel for such presentation. (E)Priority considerationIf the Panel receives a request under subparagraph (A) and determines that the justification included under subparagraph (C)(ii) is valid, the Panel shall prioritize review of the matters covered by the request over all other pending reviews before the Panel.(e)Right to informal inquiry(1)In generalAn individual who is eligible to access classified material or a classified record may informally question the classification of such material or record.(2)Sense of CongressIt is the sense of Congress that an individual who is eligible to access classified material or a classified record and who wishes to challenge such classification should do so informally before submitting a request for review under subsection (a).(f)Protections(1)DefinitionsIn this subsection: (A)Covered individualThe term covered individual means an individual— (i)who, under this section, is eligible to request a review of a classification decision; and(ii)for whom the protection under section 2302(b)(9) of title 5, United States Code, does not apply.(B)Personnel actionThe term personnel action means, with respect to a covered individual—(i)an appointment;(ii)a promotion;(iii)an action under chapter 75 of title 5, United States Code, or other disciplinary or corrective action;(iv)a detail, transfer, or reassignment;(v)a reinstatement;(vi)a restoration;(vii)a reemployment;(viii)a performance evaluation under chapter 43 of title 5, United States Code, or under title 38, United States Code;(ix)a decision concerning pay, benefits, or awards, or concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph;(x)a decision to order psychiatric testing or examination;(xi)the implementation or enforcement of any nondisclosure policy, form, or agreement; and(xii)any other significant change in duties, responsibilities, or working conditions.(2)ProhibitionAny employee an agency who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take, or threaten to take or fail to take, any personnel action against any—(A)individual because the individual—(i)exercises the right of the covered individual under subsection (e) to question informally the classification of a classified material or record; or(ii)refuses to obey an order that would require the covered individual to violate, with respect to a classification decision, a law, rule, or regulation; or(B)covered individual because the covered individual exercises the right of the covered individual, under this section, to request a review of a classification decision.6.Authorization of appropriationsThere is authorized to be appropriated to carry out sections 4 and 5, $3,000,000 for fiscal year 2022.7.Submittal of reports in unclassified form pursuant to War Powers Resolution Section 4 of the War Powers Resolution (50 U.S.C. 1543) is amended by adding at the end the following new subsection:(d)(1)Each report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.(2)The unclassified portion of each report submitted under subsection (a) shall be made available to the public..8.Rules of construction(a)Preservation of authority of PresidentNothing in this Act shall be construed to alter the authority of the President to determine access to classified material and records.(b)PreservationNothing in this Act shall be construed to alter a function of the Panel that was in effect pursuant to an Executive order that was in effect before the date of the enactment of this Act and that is not covered by a provision of this Act.


		II
		Calendar No. 554
		111th CONGRESS
		2d Session
		S. 3073
		[Report No. 111–283]
		IN THE SENATE OF THE UNITED
		  STATES

			March 4, 2010
			Mr. Levin (for himself,
			 Mr. Voinovich, Ms. Klobuchar, Mr. Brown
			 of Ohio, Mr. Franken,
			 Ms. Stabenow, Mr. Durbin, Mr.
			 Burris, Mr. Casey, and
			 Mrs. Gillibrand) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

			September 2, 2010
			Reported under authority of the order of the Senate of
			 August 5, 2010, by Mrs. Boxer, with an
			 amendment
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To amend the Federal Water Pollution
		  Control Act to protect and restore the Great Lakes.

		1.Short titleThis Act may be cited as the
			 Great Lakes Ecosystem Protection Act
			 of 2010.
		2.Great Lakes provision
			 modifications
			(a)Findings; purposeSection 118(a) of the Federal Water
			 Pollution Control Act (33 U.S.C. 1268(a)) is amended—
				(1)in paragraph (1)—
					(A)by striking subparagraph (B) and inserting
			 the following:

							(B)the United States should seek to attain the
				goals embodied in the Great Lakes Restoration Initiative Action Plan, the Great
				Lakes Regional Collaboration Strategy, and the Great Lakes Water Quality
				Agreement; and
							;
				and
					(B)in subparagraph (C), by inserting ,
			 tribal, after State; and
					(2)by striking paragraph (2) and inserting the
			 following:

						(2)PurposeThe purpose of this section is to achieve
				the goals established in the Great Lakes Restoration Initiative Action Plan,
				the Great Lakes Regional Collaboration Strategy, and the Great Lakes Water
				Quality Agreement through—
							(A)improved organization and definition of
				mission on the part of the Agency;
							(B)the funding of grants for protection,
				restoration, and pollution control in the Great Lakes area; and
							(C)improved
				accountability.
							.
				(b)Great Lakes managementSection 118(c) of the Federal Water
			 Pollution Control Act (33 U.S.C. 1268(c)) is amended—
				(1)in paragraph (1)—
					(A)in subparagraph (A), by striking
			 ,; and inserting a semicolon;
					(B)by striking subparagraph (E);
					(C)by redesignating subparagraphs (C) and (D)
			 as subparagraphs (E) and (F), respectively;
					(D)in subparagraph (E) (as so redesignated),
			 by adding and at the end;
					(E)in subparagraph (F) (as so redesignated),
			 by striking ; and and inserting a period; and
					(F)by inserting after subparagraph (B) the
			 following:

							(C)provide the support described in paragraph
				(6);
							(D)coordinate with the Great Lakes Interagency
				Task Force, as required under paragraph
				(7);
							;
					(2)in paragraph (3)(C), by striking
			 subparagraph (c)(1)(C) of this section and inserting
			 paragraph (1)(E);
				(3)by striking paragraph (6) and inserting the
			 following:

						(6)Great Lakes governance and
				management
							(A)Great Lakes Leadership Council
								(i)EstablishmentThere is established a council, to be known
				as the Great Lakes Leadership Council (referred to in this paragraph as the
				Council).
								(ii)DutiesThe Council shall—
									(I)develop and establish Great Lakes
				protection and restoration policy;
									(II)approve long-term goals and objectives
				relating to Great Lakes protection and restoration, including the Great Lakes
				Restoration Initiative;
									(III)establish annual priorities with respect to
				Great Lakes protection and restoration, including priorities for the Great
				Lakes Restoration Initiative;
									(IV)submit to Congress, the President, and the
				public reports describing progress made during the reporting period with
				respect to Great Lakes protection and restoration;
									(V)seek consensus among units of government
				and stakeholders regarding disputes relating to Great Lakes protection and
				restoration;
									(VI)determine a process for participation in
				relevant international forums, such as the Great Lakes Water Quality Agreement;
				and
									(VII)provide input annually regarding Federal
				budget priorities and levels for Great Lakes protection and restoration,
				including the Great Lakes Restoration Initiative.
									(iii)Membership
									(I)In generalThe membership of the Council shall
				include—
										(aa)8 heads of Federal departments and
				agencies, to be appointed by the President, including—
											(AA)the Administrator;
											(BB)the Chief of Engineers;
											(CC)the Secretary of the Interior;
											(DD)the Secretary of Agriculture;
											(EE)the Secretary of Commerce; and
											(FF)the head of the department in which the
				Coast Guard is operating;
											(bb)the governors of the Great Lake
				States;
										(cc)8 representatives of tribal governments, to
				be appointed by the Indian tribes located in the Great Lakes basin; and
										(dd)8 mayors, including mayors participating in
				the Great Lakes and St. Lawrence Cities Initiative, to be appointed by the
				mayors of areas located in the Great Lakes basin.
										(II)ChairpersonThe Administrator shall serve as
				chairperson of the Council.
									(III)SecretaryThe Director of the Program Office shall
				serve as secretary of, and provide administrative support to, the
				Council.
									(IV)Observer membersThe membership of the Council shall include
				1 observer member from each of—
										(aa)the International Joint Commission;
										(bb)the Great Lakes Fishery Commission;
										(cc)the Great Lakes Commission; and
										(dd)Canada.
										(iv)CommitteesThe Council may establish such committees
				as the Council determines to be appropriate for issues including—
									(I)executive issues;
									(II)science issues;
									(III)implementation issues; and
									(IV)funding issues.
									(v)Meetings
									(I)In generalThe Council shall meet not less frequently
				than once each year.
									(II)Open
				to publicThe meetings of the
				Council shall be held open to the public.
									(vi)OperationThe Council shall operate on a consensus
				basis.
								(vii)CostsThe Agency shall pay the operating costs of
				the Council.
								(B)Great Lakes Management Committee
								(i)EstablishmentThere is established within the Council a
				committee, to be known as the Great Lakes Management
				Committee.
								(ii)DutiesThe Great Lakes Management Committee
				shall—
									(I)submit reports to the Council, including
				recommendations regarding relevant issues;
									(II)provide direction for the planning,
				assessment, and reporting efforts of the Council;
									(III)monitor and assist in implementation
				activities relating to Great Lakes management; and
									(IV)engage in ongoing problem solving regarding
				Great Lakes management.
									(iii)Membership
									(I)MembershipThe Great Lakes Management Committee shall
				consist of 11 members, of whom—
										(aa)1 shall be appointed by each unit of
				government included in the membership of the Council;
										(bb)1 shall be appointed by the Great Lakes
				Commission;
										(cc)1 shall be appointed by the International
				Joint Commission;
										(dd)1 shall be appointed by the Great Lakes
				Fishery Commission;
										(ee)1 shall be a representative of the
				environmental community in the Great Lakes, to be appointed by the
				Administrator, after soliciting advice from that community;
										(ff)1 shall be a representative of the
				agricultural community, to be appointed by the Administrator, after soliciting
				advice from that community;
										(gg)1 shall be a representative of Great Lakes
				industry, to be appointed by the Administrator, after soliciting advice from
				that industry;
										(hh)1 shall be a representative of the
				scientific community, to be appointed by the Administrator, after soliciting
				advice from that community; and
										(ii)1 shall be a representative of Canada, who
				shall serve as an observer member.
										(II)ChairpersonThe senior advisor on Great Lakes of the
				Agency (or a designee) shall serve as chairperson of the Great Lakes Management
				Committee.
									(III)SecretaryThe Director of the Program Office shall
				serve as secretary of, and provide administrative support to, the Great Lakes
				Management Committee.
									(iv)Meetings
									(I)In generalThe Great Lakes Management Committee shall
				meet not less frequently than once each quarter.
									(II)Open to public
										(aa)In generalSubject to item (bb), the meetings of the
				Great Lakes Management Committee shall be held open to the public.
										(bb)Executive sessionsThe Great Lakes Management Committee may
				hold executive sessions that are closed to the public.
										(v)OperationThe Great Lakes Management Committee shall
				operate on a consensus basis.
								(vi)CostsThe Agency shall pay the operating costs of
				the Great Lakes Management
				Committee.
								;
				(4)by striking paragraph (7) and inserting the
			 following:

						(7)Great Lakes Interagency Task Force
							(A)EstablishmentThere is established a task force, to be
				known as the Great Lakes Interagency Task Force.
							(B)CoordinationThe Program Office shall coordinate, to the
				maximum extent practicable, with the Great Lakes Interagency Task Force
				established by subparagraph
				(A).
							;
				(5)in paragraph (8)—
					(A)by redesignating subparagraphs (A) through
			 (C) as clauses (i) through (iii), respectively, and indenting the clauses
			 appropriately;
					(B)by striking The
			 Administrator and inserting the following:

							(A)In generalThe
				Administrator
							;
				and
					(C)by adding at the end the following:

							(B)Annual
				reportsNot later than 30
				days after the date of publication of the budget for a fiscal year, the
				Administrator shall submit to Congress a report that describes—
								(i)with respect to each organizational element
				of the Agency referred to in subparagraph (A)—
									(I)the budget of the element for Great Lakes
				restoration activities for the applicable fiscal year;
									(II)each Great Lakes restoration activity to be
				carried out by the element during the applicable fiscal year; and
									(III)the means by which progress made on those
				activities will be evaluated; and
									(ii)with respect to each recommendation
				submitted by the Great Lakes Leadership Council during the preceding fiscal
				year, the reasons why the Administrator approved or disapproved the
				recommendation.
								;
					(6)in paragraph (12)(H), by striking clause
			 (i) and inserting the following:

						(i)AuthorizationIn addition to other amounts authorized to
				be appropriated pursuant to this section, there are authorized to be
				appropriated to carry out this paragraph—
							(I)$50,000,000 for
				each of fiscal years 2004 through 2010; and
							(II)$150,000,000 for each of fiscal years 2011
				through 2015.
							;
				and
				(7)by adding at the end the following:

						(14)Great Lakes Restoration Initiative
							(A)FindingsCongress finds that—
								(i)the goal of the Great Lakes program of the
				Agency is to restore and maintain the chemical, physical, and biological
				integrity of the Great Lakes basin ecosystem; and
								(ii)in 2010, the Agency, in coordination with
				Federal partners, will commence implementation of a new Great Lakes Restoration
				Initiative (referred to in this paragraph as the Initiative),
				which will—
									(I)identify programs and projects that are
				strategically selected to target the most significant environmental problems in
				the Great Lakes ecosystem;
									(II)be based on the work of—
										(aa)the Great Lakes Interagency Task Force
				established by paragraph (7)(A); and
										(bb)the stakeholders and nongovernmental
				partners of the Great Lakes Leadership Council; and
										(III)represent the commitment of the Federal
				Government to significantly advancing Great Lakes protection and
				restoration.
									(B)PriorityThe Initiative shall give priority to work
				done by non-Federal partners using funding made available for the Great Lakes
				for—
								(i)the remediation of toxic substances in
				Areas of Concern;
								(ii)(I)the prevention of invasive species;
				and
									(II)the mitigation and restoration of the
				impacts of invasive species;
									(iii)(I)the protection and restoration of nearshore
				health; and
									(II)the prevention of nonpoint source
				pollution;
									(iv)habitat and wildlife protection and
				restoration; and
								(v)accountability, monitoring, evaluation,
				communication, and partnership activities.
								(C)ProjectsPursuant to the Initiative, the Agency
				shall consult with Federal partners and take into consideration the
				recommendations of the Council to select the best combination of programs and
				projects for Great Lakes protection and restoration using principles and
				criteria such as—
								(i)the ability to achieve strategic and
				measurable environmental outcomes;
								(ii)the feasibility of—
									(I)prompt implementation;
									(II)timely achievement of results; and
									(III)the ability to leverage resources;
				and
									(iii)opportunities for interagency and
				interorganizational coordination and collaboration.
								(D)Implementation of projects
								(i)In generalFunds made available to carry out the
				Initiative shall be used to strategically implement—
									(I)Federal projects; and
									(II)projects carried out in coordination with
				States, Indian tribes, municipalities, institutions of higher education, and
				other organizations.
									(ii)Transfer of fundsOf amounts made available for environmental
				programs and management for the Great Lakes Initiative, the Administrator
				may—
									(I)transfer not more than $475,000,000 to the
				head of any Federal department or agency, with the concurrence of the
				department or agency head, to carry out activities to support the Great Lakes
				Restoration Initiative and the Great Lakes Water Quality Agreement of
				1978;
									(II)enter into an interagency agreement with
				the head of any Federal department or agency to carry out activities described
				in subclause (I); and
									(III)make grants to governmental entities,
				nonprofit organizations, institutions, and individuals for planning, research,
				monitoring, outreach, and implementation relating to the activities described
				in subclause (I).
									(E)Scope
								(i)In generalProjects shall be carried out pursuant to
				the Initiative on multiple levels, including—
									(I)local;
									(II)Great Lake-wide; and
									(III)Great Lakes basin-wide.
									(ii)LimitationNo funds made available to carry out the
				Initiative may be used for any water infrastructure activity that is carried
				out using funds made available under the clean water or drinking water State
				revolving fund program.
								(F)Activities by other Federal
				agenciesEach relevant
				Federal department and agency shall, to the maximum extent practicable—
								(i)maintain the base level of funding for the
				Great Lakes activities of the agency; and
								(ii)identify new activities and projects to
				support the environmental goals of the Initiative.
								(G)Funding
								(i)Authorization of
				appropriationsThere is
				authorized to be appropriated to carry out the Initiative $475,000,000 for each
				of fiscal years 2011 through 2016.
								(ii)PartnershipsOf the amounts made available to carry out
				the Initiative, the Administrator shall transfer expeditiously to the Federal
				partners of the Initiative such sums as are necessary for subsequent use and
				distribution by the Federal partners in accordance with this
				section.
								.
				(c)Authorization of
			 appropriationsSection 118 of
			 the Federal Water Pollution Control Act (33 U.S.C. 1268) is amended by striking
			 subsection (h) and inserting the following:

					(h)Authorization of appropriations for Program
				OfficeThere is authorized to
				be appropriated to the Administrator to carry out this section $25,000,000 for
				each of fiscal years 2011 through
				2016.
					.
			(d)Effect of sectionNothing in this section or an amendment
			 made by this section affects—
				(1)the jurisdiction, powers, or prerogatives
			 of—
					(A)any department, agency, or officer
			 of—
						(i)the Federal Government; or
						(ii)any State or tribal government; or
						(B)any international body established by
			 treaty with authority relating to the Great Lakes (as defined in section
			 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3)));
			 or
					(2)any other Federal or State authority that
			 is being used or may be used to facilitate the cleanup and protection of the
			 Great Lakes (as so defined).

		1.Short titleThis Act may be cited as the
			 Great Lakes Ecosystem Protection Act
			 of 2010.
		2.Great Lakes provision
			 modifications
			(a)Findings; purposeSection 118(a) of the Federal Water
			 Pollution Control Act (33 U.S.C. 1268(a)) is amended—
				(1)in paragraph (1)—
					(A)by striking subparagraph (B) and inserting
			 the following:

							(B)the United States should seek to attain the
				goals embodied in the Great Lakes Restoration Initiative Action Plan, the Great
				Lakes Regional Collaboration Strategy, and the Great Lakes Water Quality
				Agreement; and
							;
				and
					(B)in subparagraph (C), by inserting ,
			 tribal, after State;
					(2)by striking paragraph (2) and inserting the
			 following:

						(2)PurposeThe purpose of this section is to achieve
				the goals established in the Great Lakes Restoration Initiative Action Plan,
				the Great Lakes Regional Collaboration Strategy, and the Great Lakes Water
				Quality Agreement through—
							(A)improved organization and definition of
				mission on the part of the Agency;
							(B)the funding of grants, contracts, and
				interagency agreements for protection, restoration, and pollution control in
				the Great Lakes area; and
							(C)improved
				accountability.
							;
				and
				(3)in paragraph (3), by
			 striking subparagraph (H) and inserting the following:

						(H)Great Lakes Water
				Quality Agreement means the bilateral Agreement on Great Lakes
				water quality, 1978 between the United States and Canada, signed at
				Ottawa on November 22, 1978 (30 U.S.T. 1383; TIAS 9257), amended October 16,
				1983 (TIAS 10798) and November 18, 1987 (TIAS
				11551);
						.
				(b)Great Lakes managementSection 118(c) of the Federal Water
			 Pollution Control Act (33 U.S.C. 1268(c)) is amended—
				(1)in paragraph (1)—
					(A)in subparagraph (A), by striking
			 ,; and inserting a semicolon;
					(B)by striking subparagraph (E);
					(C)by redesignating subparagraphs (C) and (D)
			 as subparagraphs (E) and (F), respectively;
					(D)in subparagraph (E) (as so redesignated),
			 by adding and at the end;
					(E)in subparagraph (F) (as so redesignated),
			 by striking ; and and inserting a period; and
					(F)by inserting after subparagraph (B) the
			 following:

							(C)provide the support described in paragraph
				(6);
							(D)coordinate with the Great Lakes Interagency
				Task Force, as required under paragraph
				(8);
							;
					(2)in paragraph (3)(C), by striking
			 subparagraph (c)(1)(C) of this section and inserting
			 paragraph (1)(E);
				(3)by striking paragraph (6) and inserting the
			 following:

						(6)Great Lakes governance and
				management
							(A)Great Lakes Leadership Council
								(i)EstablishmentThere is established a council, to be known
				as the Great Lakes Leadership Council (referred to in this paragraph as the
				Council).
								(ii)DutiesThe Council shall—
									(I)not later than 1 year
				after the date of establishment of the Council and every 5 years
				thereafter—
										(aa)review the Great Lakes
				Regional Collaboration Strategy; and
										(bb)if the Council
				determines revisions are necessary, revise the Strategy to reflect the most
				comprehensive scientific information available and ensure the Great Lakes
				Restoration Initiative Action Plan reflects those revisions;
										(II)establish annual
				priorities with respect to Great Lakes protection and restoration, including
				priorities for the Great Lakes Restoration Initiative;
									(III)submit to Congress, the
				President, and the public an annual report describing progress made during the
				reporting period with respect to Great Lakes protection and restoration;
									(IV)make recommendations to
				the Administrator and the Secretary of State regarding—
										(aa)a process for
				participation in relevant international forums, such as the Great Lakes Water
				Quality Agreement; and
										(bb)whether any existing
				advisory committees are duplicative and should be replaced; and
										(V)make recommendations to
				Congress and the President for streamlining the work of existing advisory and
				coordinating committees (such as the Great Lakes Regional Collaboration and the
				United States Policy Committee), including a recommendation for eliminating any
				such entity if the work of the entity—
										(aa)is duplicative;
				or
										(bb)complicates the
				protection and restoration of the Great Lakes.
										(iii)Budget priorities and
				funding levelsNon-Federal members of the Council shall provide
				input annually to the Council and the Great Lakes Interagency Task Force on
				Federal budget priorities and funding levels for Great Lakes protection and
				restoration, including the Great Lakes Restoration Initiative.
								(iv)Membership
									(I)In generalThe membership of the Council shall
				include—
										(aa)8 heads of Federal departments and agencies
				that participate in the Great Lakes Interagency Task Force established under
				paragraph (8), to be appointed by the President and periodically rotated as the
				President determines to be appropriate, including—
											(AA)the Administrator;
											(BB)the Chief of Engineers;
											(CC)the Secretary of the Interior;
											(DD)the Secretary of Agriculture;
											(EE)the Secretary of Commerce;
											(FF)the Secretary of Energy; and
											(GG)the Secretary of State;
											(bb)the governors of the Great Lake
				States;
										(cc)8 representatives of tribal governments, to
				be appointed—
											(AA)by the Indian tribes located in the Great
				Lakes basin in the United States; and
											(BB)to the maximum extent
				practicable, in a manner that ensures that the tribal governments are
				geographically representative of the Great Lakes basin; and
											(dd)8 mayors, including mayors participating in
				the Great Lakes and St. Lawrence Cities Initiative, to be appointed—
											(AA)by the mayors of areas located in the Great
				Lakes basin in the United States; and
											(BB)to the maximum extent
				practicable, in a manner that ensures that the mayors are geographically
				representative of the Great Lakes basin.
											(II)ChairpersonThe Administrator shall serve as
				chairperson of the Council.
									(III)SecretaryThe Director of the Program Office shall
				serve as secretary of, and provide administrative support to, the
				Council.
									(IV)Observer membersThe membership of the Council—
										(aa)shall include 1 observer member from each
				of—
											(AA)the International Joint Commission;
											(BB)the Great Lakes Fishery Commission;
				and
											(CC)the Great Lakes Commission; and
											(bb)may include 1 observer member from
				Canada.
										(v)CommitteesThe Council may establish such committees
				(including the Great Lakes Advisory Committee, in accordance with subparagraph
				(B)(i)) as the Council determines to be appropriate for issues
				including—
									(I)executive issues;
									(II)science issues;
									(III)implementation issues; and
									(IV)funding issues.
									(vi)Meetings
									(I)In generalThe Council shall meet not less frequently
				than once each year.
									(II)Open
				to publicThe meetings of the
				Council shall be held open to the public.
									(vii)OperationThe Council shall operate on a consensus
				basis.
								(viii)CostsThe Agency shall pay the operating costs of
				the Council.
								(B)Great Lakes Advisory Committee
								(i)EstablishmentThe Council shall establish a committee, to
				be known as the Great Lakes Advisory Committee.
								(ii)DutiesThe Great Lakes Advisory Committee
				shall—
									(I)submit reports and information to the
				Council, including recommendations regarding issues relevant to the planning,
				assessment, and reporting duties of the Council; and
									(II)provide advice to the Council on—
										(aa)monitoring implementation activities
				relating to Great Lakes management; and
										(bb)other relevant Great Lakes issues.
										(iii)Membership
									(I)MembershipThe Great Lakes Advisory Committee shall
				consist of—
										(aa)4 members representing the membership of
				the Council, of which 1 member shall be appointed by each unit of government
				(including Federal agencies, States, units of local government, and Indian
				tribes) included in the membership of the Council;
										(bb)1 member who shall be appointed by the
				Great Lakes Commission;
										(cc)1 member who shall be appointed by the
				International Joint Commission;
										(dd)1 member who shall be appointed by the
				Great Lakes Fishery Commission;
										(ee)1 member who shall be a representative of
				the environmental community in the Great Lakes, to be appointed by the
				Administrator, after soliciting advice from that community;
										(ff)1 member who shall be a representative of
				the agricultural community, to be appointed by the Administrator, after
				soliciting advice from that community;
										(gg)1 member who shall be a representative of
				Great Lakes industry, to be appointed by the Administrator, after soliciting
				advice from that industry;
										(hh)1 member who shall be a representative of
				the scientific community, to be appointed by the Administrator, after
				soliciting advice from that community; and
										(ii)if the member is appointed under
				subparagraph (A)(iv)(IV)(bb), 1 member who shall be a representative of Canada,
				as an observer member.
										(II)ChairpersonThe Administrator (or a designee) shall
				serve as chairperson of the Great Lakes Advisory Committee.
									(III)SecretaryThe Director of the Program Office (or a
				designee) shall serve as secretary of, and provide administrative support to,
				the Great Lakes Advisory Committee.
									(iv)Meetings
									(I)In generalThe Great Lakes Advisory Committee shall
				meet not less frequently than every 180 days.
									(II)Open to public
										(aa)In generalSubject to item (bb), the meetings of the
				Great Lakes Advisory Committee shall be held open to the public.
										(bb)Executive sessionsThe Great Lakes Advisory Committee may hold
				executive sessions that are closed to the public.
										(v)OperationThe Great Lakes Advisory Committee shall
				operate on a consensus basis.
								(vi)CostsThe Agency shall pay the operating costs of
				the Great Lakes Advisory
				Committee.
								;
				(4)by striking paragraph (7) and inserting the
			 following:

						(7)Great Lakes Restoration Initiative
							(A)FindingsCongress finds that—
								(i)the goal of the Great Lakes program of the
				Agency is to restore and maintain the chemical, physical, and biological
				integrity of the Great Lakes basin ecosystem; and
								(ii)in 2010, the Agency, in coordination with
				Federal partners, will commence implementation of a new Great Lakes Restoration
				Initiative (referred to in this paragraph as the Initiative),
				which will—
									(I)identify programs and projects that are
				strategically selected to target the most significant environmental problems in
				the Great Lakes ecosystem;
									(II)be based on the work of—
										(aa)the Great Lakes Interagency Task Force
				established by paragraph (8)(A); and
										(bb)the Great Lakes Leadership Council,
				stakeholders, and nongovernmental partners; and
										(III)represent the commitment of the Federal
				Government to significantly advancing Great Lakes protection and
				restoration.
									(B)PriorityThe Initiative shall give priority to work
				done by non-Federal partners using funding made available for the Great Lakes
				for priority areas for each fiscal year, such as—
								(i)the remediation of toxic substances and
				areas of concern;
								(ii)(I)the prevention of invasive species;
				and
									(II)the mitigation and restoration of the
				impacts of invasive species;
									(iii)(I)the protection and restoration of nearshore
				health; and
									(II)the prevention of nonpoint source
				pollution;
									(iv)habitat and wildlife protection and
				restoration;
								(v)accountability, monitoring, evaluation,
				communication, and partnership activities; and
								(vi)other areas prioritized
				by the Council.
								(C)ProjectsPursuant to the Initiative, the Agency
				shall consult with Federal partners and take into consideration the
				recommendations of the Council to select the best combination of programs and
				projects for Great Lakes protection and restoration using principles and
				criteria such as—
								(i)the ability to achieve strategic and
				measurable environmental outcomes;
								(ii)the feasibility of—
									(I)prompt implementation;
									(II)timely achievement of results; and
									(III)the ability to leverage resources;
				and
									(iii)opportunities for interagency and
				interorganizational coordination and collaboration.
								(D)Implementation of projects
								(i)In generalFunds made available to carry out the
				Initiative shall be used to strategically implement—
									(I)Federal projects; and
									(II)projects carried out in coordination with
				States, Indian tribes, municipalities, institutions of higher education, and
				other organizations.
									(ii)Transfer of fundsOf amounts made available for environmental
				programs and management for the Great Lakes Restoration Initiative, the
				Administrator may—
									(I)transfer not more than $475,000,000 to the
				head of any Federal department or agency, with the concurrence of the
				department or agency head, to carry out activities to support the Great Lakes
				Restoration Initiative and the Great Lakes Water Quality Agreement;
									(II)enter into an interagency agreement with
				the head of any Federal department or agency to carry out activities described
				in subclause (I); and
									(III)make grants to governmental entities,
				nonprofit organizations, institutions, and educational institutions for use in
				carrying out planning, research, monitoring, outreach, training, studies,
				surveys, investigations, experiments, demonstration projects, and
				implementation relating to the activities described in subclause (I).
									(E)Scope
								(i)In generalProjects shall be carried out pursuant to
				the Initiative on multiple levels, including—
									(I)local;
									(II)Great Lake-wide; and
									(III)Great Lakes basin-wide.
									(ii)LimitationNo funds made available to carry out the
				Initiative may be used for any water infrastructure activity (other than a
				green infrastructure project that improves habitat and other ecosystem
				functions in the Great Lakes) for which amounts are made available from—
									(I)a State water pollution control revolving
				fund established under title VI; or
									(II)a State drinking water revolving loan fund
				established under section 1452 of the Safe Drinking Water Act (42 U.S.C.
				300j–12).
									(F)Activities by other Federal
				agenciesEach relevant
				Federal department and agency shall, to the maximum extent practicable—
								(i)maintain the base level of funding for the
				Great Lakes activities of the agency; and
								(ii)identify new activities and projects to
				support the environmental goals of the Initiative.
								(G)Funding
								(i)Authorization of
				appropriationsThere is
				authorized to be appropriated to carry out the Initiative $475,000,000 for each
				of fiscal years 2011 through 2016.
								(ii)PartnershipsOf the amounts made available to carry out
				the Initiative, the Administrator shall transfer expeditiously to the Federal
				partners of the Initiative such sums as are necessary for subsequent use and
				distribution by the Federal partners in accordance with this
				section.
								;
				(5)by striking paragraph (8) and inserting the
			 following:

						(8)Great Lakes Interagency
				Task Force
							(A)EstablishmentThere
				is established a task force, to be known as the Great Lakes Interagency
				Task Force as described in Executive Order 13340 (33 U.S.C. 1268 note)
				and relating to establishment of Great Lakes Interagency Task Force and
				promotion of regional collaboration of national significance for Great
				Lakes.
							(B)CoordinationThe
				Program Office shall coordinate, to the maximum extent practicable, with the
				Great Lakes Interagency Task Force.
							(C)DutiesThe
				Great Lakes Interagency Task Force shall—
								(i)collaborate with Canada,
				provinces of Canada, and binational bodies involved in the Great Lakes region
				regarding policies, strategies, projects, and priorities for the Great Lakes
				System;
								(ii)(I)coordinate the
				development of Federal policies, strategies, projects, and priorities for
				addressing the restoration and protection of the Great Lakes System consistent
				with—
										(aa)the Great Lakes Regional
				Collaboration Strategy;
										(bb)Great Lakes Restoration
				Initiative Action Plan;
										(cc)the Great Lakes Water
				Quality Agreement; and
										(dd)Federal implementation
				of recommendations of the Great Lakes Leadership Council; and
										(II)assist in the
				appropriate management of the Great Lakes System;
									(iii)develop outcome-based
				goals for the Great Lakes System (relying on existing data and science-based
				indicators of water quality, related environmental factors, and other
				information) that—
									(I)focus on outcomes such as
				cleaner water, sustainable fisheries, and biodiversity of the Great Lakes
				System;
									(II)ensure that Federal
				policies, strategies, projects, and priorities support measurable results;
				and
									(III)are consistent with the
				Great Lakes Regional Collaboration Strategy and the Great Lakes Restoration
				Initiative Action Plan;
									(iv)exchange information
				regarding policies, strategies, projects, and activities of the agencies
				represented on the Task Force relating to—
									(I)the Great Lakes
				System;
									(II)the Great Lakes Regional
				Collaboration Strategy; and
									(III)the Great Lakes
				Restoration Initiative Action Plan;
									(v)coordinate government
				action associated with the Great Lakes System;
								(vi)ensure coordinated
				Federal scientific and other research associated with the Great Lakes System;
				and
								(vii)provide assistance and
				support to agencies represented on the Task Force in activities relating to the
				Great Lakes
				System.
								;
				(6)by striking paragraph
			 (10) and inserting the following:

						(10)Reports
							(A)Annual comprehensive
				restoration reportNot later than 90 days after the end of each
				fiscal year, the Administrator shall submit to Congress and make publicly
				available a comprehensive report on the overall health of the Great Lakes that
				includes—
								(i)a description of the
				achievements during the fiscal year in implementing the Great Lakes Water
				Quality Agreement and any other applicable agreements and amendments
				that—
									(I)demonstrate, by category
				(including categories for judicial enforcement, research, State cooperative
				efforts, and general administration) the amounts expended on Great Lakes water
				quality initiatives for the fiscal year;
									(II)describe the progress
				made during the fiscal year in implementing the system of surveillance of the
				water quality in the Great Lakes System, including the monitoring of
				groundwater and sediment, with a particular focus on toxic pollutants;
									(III)describe the prospects
				of meeting the goals and objectives of the Great Lakes Water Quality Agreement;
				and
									(IV)provide a comprehensive
				assessment of the planned efforts to be pursued in the succeeding fiscal year
				for implementing the Great Lakes Water Quality Agreement and any other
				applicable agreements and amendments that—
										(aa)indicate, by category
				(including categories for judicial enforcement, research, State cooperative
				efforts, and general administration) the amount anticipated to be expended on
				Great Lakes water quality initiatives for the applicable fiscal year;
				and
										(bb)include a report on
				programs administered by other Federal agencies that make resources available
				for Great Lakes water quality management efforts;
										(ii)a detailed list of
				accomplishments of the Great Lakes Restoration Initiative with respect to each
				organizational element of the Initiative and the means by which progress will
				be evaluated;
								(iii)recommendations for
				streamlining the work of existing advisory and coordinating committees (such as
				the Great Lakes Regional Collaboration and the United States Policy Committee),
				including a recommendation for eliminating any such entity if the work of the
				entity—
									(I)is duplicative; or
									(II)complicates the
				protection and restoration of the Great Lakes; and
									(iv)with respect to each
				priority established under paragraph (6)(A)(ii)(II) and recommendation
				submitted under clauses (ii)(IV) and (iii) of paragraph (6)(A) by the Great
				Lakes Leadership Council during the fiscal year, the reasons why the
				Administrator implemented, or did not implement, the priorities and
				recommendations.
								(B)Crosscut
				budgetNot later than 45 days after the date of submission of the
				budget of the President to Congress, the Director of the Office of Management
				and Budget, in coordination with the Governor of each Great Lakes State and the
				Great Lakes Interagency Task Force, shall submit to Congress and make publicly
				available a financial report, certified by the head of each agency that has
				budget authority for Great Lakes restoration activities, containing—
								(i)an interagency budget
				crosscut report that—
									(I)describes the budget
				proposed, including funding allocations by each agency for the Great Lakes
				Restoration Initiative;
									(II)identifies any
				adjustments from the budget request;
									(III)identifies the funding
				in any amount for each of the Federal agencies that carry out restoration and
				protection activities in the subsequent fiscal year, separately reporting the
				amount of funding to be provided under each law pertaining to the
				agency;
									(IV)compares specific
				funding levels allocated for participating Federal agencies from fiscal year to
				fiscal year; and
									(V)identifies all
				expenditures since fiscal year 2004 by the Federal Government and State
				governments for Great Lakes restoration activities;
									(ii)a detailed accounting of
				all funds received and obligated by all Federal agencies and, to the maximum
				extent practicable, State agencies using Federal funds, for Great Lakes
				restoration activities during the current and previous fiscal years;
								(iii)a budget for the
				proposed projects (including a description of the project, authorization level,
				and project status) to be carried out in the subsequent fiscal year with the
				Federal share of funds for activities; and
								(iv)a listing of all
				projects to be undertaken in the subsequent fiscal year with the Federal share
				of funds for activities.
								;
				and
				(7)in paragraph (12)(H), by striking clause
			 (i) and inserting the following:

						(i)AuthorizationIn addition to other amounts authorized to
				be appropriated pursuant to this section, there are authorized to be
				appropriated to carry out this paragraph—
							(I)$50,000,000 for each of
				fiscal years 2004 through 2010; and
							(II)$150,000,000 for each of fiscal years 2011
				through
				2015.
							.
				(c)Authorization of
			 appropriationsSection 118(h)
			 of the Federal Water Pollution Control Act (33 U.S.C. 1268(h)) is
			 amended—
				(1)by redesignating paragraphs (1) through (3)
			 as subparagraphs (A) through (C), respectively, and indenting the subparagraphs
			 appropriately;
				(2)by striking There
			 are authorized and inserting the following:

						(1)In
				generalThere are
				authorized
						;
				and
				(3)by adding at the end the
			 following:

						(2)Program
				OfficeThere is authorized to
				be appropriated to the Program Office to carry out this section $25,000,000 for
				each of fiscal years 2011 through
				2016.
						.
				(d)Effect of sectionNothing in this section or an amendment
			 made by this section affects—
				(1)the jurisdiction, powers, or prerogatives
			 of—
					(A)any department, agency, or officer
			 of—
						(i)the Federal Government; or
						(ii)any State or tribal government; or
						(B)any international body established by
			 treaty with authority relating to the Great Lakes (as defined in section
			 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3)));
			 or
					(2)any other Federal or State authority that
			 is being used or may be used to facilitate the cleanup and protection of the
			 Great Lakes (as so defined).

		September 2, 2010
		Reported with an amendment