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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ''Keeping Families
Together Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Restoration of definition of aggravated felony (repeal of
section 321 of IIRIRA).
Sec. 3. Restoration of detention policy.
Sec. 4. Repeal of time stop provisions.
Sec. 5. Repeal of section 101(a)(48).
Sec. 6. Restoration of section 212(c).
Sec. 7. Restoration of judicial review provisions.
Sec. 8. Post-proceeding relief for affected aliens.

SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED FELONY (REPEAL OF
SECTION 321 OF IIRIRA).

(a) In General.--Effective as if included in the enactment of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208), section 321 of such Act is repealed
and the provisions of law amended by such section are restored as if
such section had not been enacted.
(b) Restoration of Rights.--Any alien whose legal permanent
resident status, application for permanent residence, or application
for cancellation of removal, was affected by the changes in the
definition of ''aggravated felony'' made by such section 321 may apply
to the Attorney General to be considered for adjustment of status or
cancellation of removal in conformance with the provisions of section
101(a)(43) of the Immigration and Nationality Act, as restored by
subsection (a).

SEC. 3. RESTORATION OF DETENTION POLICY.

(a) In General.--Section 236(c) of the Immigration and Nationality
Act (8 U.S.C. 1226(c)) is amended to read as follows:
''(c) Detention of Criminal Aliens.--
''(1) In general.--The Attorney General shall take into
custody any alien convicted of an aggravated felony upon
release of the alien (regardless of whether or not such release
is on parole, supervised release, or probation, and regardless
of the possibility of rearrest or further confinement in
respect of the same offense). Notwithstanding subsection (a) or
section 241(a) but subject to paragraph (2), the Attorney
General shall not release such felon from custody.
''(2) Non-release.--The Attorney General may not release
from custody any who has been convicted of an aggravated
felony, either before or after a determination of removability,
unless--
''(A)(i) the alien was lawfully admitted, or
''(ii) the alien was not lawfully admitted but the
alien cannot be removed because the designated country
of removal will not accept the alien; and
''(B) the alien satisfies the Attorney General that
the alien will not pose a danger to the safety of other
persons or of property and is likely to appear for any
scheduled proceeding.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996.

SEC. 4. REPEAL OF TIME STOP PROVISIONS.

(a) In General.--Section 240A(d) of the Immigration and Nationality
Act (8 U.S.C. 1229b(d)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall be
effective as if included in the enactment of subtitle A of title III of
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996.

SEC. 5. REPEAL OF SECTION 101(A)(48).

(a) In General.--Paragraph (48) of section 101(a)(48) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)) is repealed.
(b) Effective Date.--The repeal made by subsection (a) shall take
effect as if included in the enactment of section 322(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996.

SEC. 6. RESTORATION OF SECTION 212(C).

(a) In General.--Section 212 of the Immigration and Nationality Act
(8 U.S.C. 1182) is amended by inserting after subsection (b) the
following new subsection:
''(c) Aliens lawfully admitted for permanent residence who
temporarily proceeded abroad voluntarily and not under an order of
deportation or removal, and who are returning to a lawful
unrelinquished domicile of seven consecutive years, may be admitted in
the discretion of the Attorney General without regard to the provisions
of subsection (a) (other than paragraphs (3) and (10)(C)). Nothing
contained in this subsection shall limit the authority of the Attorney
General to exercise the discretion vested in him under section 211(b).
The first sentence of this subsection shall not apply to an alien who
has been convicted of one or more aggravated felonies and has served
for such felony or felonies a term of imprisonment of at least 5
years.''.
(b) Effective Date.--The amendment made by subsection (a) applies
as of April 24, 1996, as if section 440(d) of the Antiterrorism and
Effective Death Penalty Act of 1996 (Public Law 104-132) and section
304(b) of Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (division C of Public Law 104-208) had not been enacted.

SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS.

(a) In General.--Section 242 of the Immigration and Nationality Act
(8 U.S.C. 1252) is amended to read as follows:

''judicial review of orders of removal

''Sec. 242. (a) The procedure prescribed by, and all the provisions
of chapter 158 of title 28, United States Code, shall apply to, and
shall be the sole and exclusive procedure for, the judicial review of
all final orders of removal heretofore or hereafter made against aliens
within the United States pursuant to administrative proceedings under
section 240 of this Act or comparable provisions of any prior Act,
except that--
''(1) a petition for review may be filed not later than 90
days after the date of the issuance of the final removal order,
or, in the case of an alien convicted of an aggravated felony
not later than 30 days after the issuance of such order;
''(2) the venue of any petition for review under this
section shall be in the judicial circuit in which the
administrative proceedings before an immigration judge were
conducted in whole or in part, or in the judicial circuit
wherein is the residence, as defined in this Act, of the
petitioner, but not in more than one circuit;
''(3) the action shall be brought against the Immigration
and Naturalization Service, as respondent. Service of the
petition to review shall be made upon the Attorney General of
the United States and upon the official of the Immigration and
Naturalization Service in charge of the Service district in
which the office of the clerk of the court is located. The
service of the petition for review upon such official of the
Service shall stay the removal of the alien pending
determination of the petition by the court, unless the court
otherwise directs or unless the alien is convicted of an
aggravated felony, in which case the Service shall not stay the
removal of the alien pending determination of the petition of
the court unless the court otherwise directs;
''(4) except as provided in clause (B) of paragraph (5) of
this subsection, the petition shall be determined solely upon
the administrative record upon which the removal order is based
and the Attorney General's findings of fact, if supported by
reasonable, substantial, and probative evidence on the record
considered as a whole, shall be conclusive;
''(5) whenever any petitioner, who seeks review of an order
under this section, claims to be a national of the United
States and makes a showing that his claim is not frivolous, the
court shall (A) pass upon the issues presented when it appears
from the pleadings and affidavits filed by the parties that no
genuine issue of material fact is presented; or (B) where a
genuine issue of material fact as to the petitioner's
nationality is presented, transfer the proceedings to a United
States district court for the district where the petitioner has
his residence for hearing de novo of the nationality claim and
determination as if such proceedings were originally initiated
in the district court under the provisions of section 2201 of
title 28, United States Code. Any such petitioner shall not be
entitled to have such issue determined under section 360(a) of
this Act or otherwise;
''(6) whenever a petitioner seeks review of an order under
this section, any review sought with respect to a motion to
reopen or reconsider such an order shall be consolidated with
the review of the order;
''(7) if the validity of a removal order has not been
judicially determined, its validity may be challenged in a
criminal proceeding against the alien for violation of
subsection (a) or (b) of section 243 of this Act only by
separate motion for judicial review before trial. Such motion
shall be determined by the court without a jury and before the
trial of the general issue. Whenever a claim to United States
nationality is made in such motion, and in the opinion of the
court, a genuine issue of material fact as to the alien's
nationality is presented, the court shall accord him a hearing
de novo on the nationality claim and determine that issue as if
proceedings had been initiated under the provisions of section
2201 of title 28, United States Code. Any such alien shall not
be entitled to have such issue determined under section 360(a)
of this Act or otherwise. If no such hearing de novo as to
nationality is conducted, the determination shall be made
solely upon the administrative record upon which the removal
order is based and the Attorney General's findings of fact, if
supported by reasonable, substantial, and probative evidence on
the record considered as a whole, shall be conclusive. If the
removal order is held invalid, the court shall dismiss the
indictment and the United States shall have the right to appeal
to the court of appeals within 30 days. The procedure on such
appeals shall be as provided in the Federal rules of criminal
procedure. No petition for review under this section may be
filed by any alien during the pendency of a criminal proceeding
against such alien for violation of subsection (a) or (b) of
section 243 of this Act;
''(8) nothing in this section shall be construed to require
the Attorney General to defer removal of an alien after the
issuance of a removal order because of the right of judicial
review of the order granted by this section, or to relieve any
alien from compliance with subsections (a) and (b) of section
243 of this Act. Nothing contained in this section shall be
construed to preclude the Attorney General from detaining or
continuing to detain an alien or from taking the alien into
custody pursuant to section 241 of this Act at any time after
the issuance of a removal order;
''(9) it shall not be necessary to print the record or any
part thereof, or the briefs, and the court shall review the
proceedings on a typewritten record and on typewritten briefs;
and
''(10) any alien held in custody pursuant to an order of
removal may obtain judicial review thereof by habeas corpus
proceedings.
''(b) Notwithstanding the provisions of any other law, any alien
against whom a final order of removal has been made heretofore or
hereafter under the provisions of section 235 of this Act or comparable
provisions of any prior Act may obtain judicial review of such order by
habeas corpus proceedings and not otherwise.
''(c) An order of removal shall not be reviewed by any court if the
alien has not exhausted the administrative remedies available to the
alien as of right under the immigration laws and regulations or if the
alien has departed from the United States after the issuance of the
order. Every petition for review or for habeas corpus shall state
whether the validity of the order has been upheld in any prior judicial
proceeding, and, if so, the nature and date thereof, and the court in
which such proceeding took place. No petition for review or for habeas
corpus shall be entertained if the validity of the order has been
previously determined in any civil or criminal proceeding, unless the
petition presents grounds which the court finds could not have been
presented in such prior proceeding, or the court finds that the remedy
provided by such prior proceeding was inadequate or ineffective to test
the validity of the order.
''(d)(1) A petition for review or for habeas corpus on behalf of an
alien against whom a final order of removal has been issued pursuant to
section 238(b) may challenge only--
''(A) whether the alien is in fact the alien described in
the order;
''(B) whether the alien is in fact an alien described in
section 238(b)(2);
''(C) whether the alien has been convicted of an aggravated
felony and such conviction has become final; and
''(D) whether the alien was afforded the procedures
required by section 238(b)(4).
''(2) No court shall have jurisdiction to review any issue other
than an issue described in paragraph (1).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
determinations pending on or after such date with respect to which--
(1) a final administrative decision has been not been
rendered as of such date; or
(2) such a decision has been rendered but the period for
seeking judicial review of the decision has not expired.

SEC. 8. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.

(a) In General.--Notwithstanding section 240(c)(6) of the
Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other
limitation imposed by law on motions to reopen removal proceedings, the
Attorney General shall establish a process (whether through permitting
the reopening of a removal proceeding or otherwise) under which an
alien--
(1) who is (or was) in removal proceedings before the date
of the enactment of this Act (whether or not the alien has been
removed as of such date); and
(2) whose eligibility for cancellation of removal has been
established by this Act;
may apply (or reapply) for cancellation of removal under section
240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) as a
beneficiary of the relief provided under this Act.
(b) Parole.--The Attorney General should exercise the parole
authority under section 212(d)(5)(A) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens
removed from the United States to participate in the process
established under subsection (a).
Keeping Families Together Act of 2001 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Act) to repeal the provision amending the definition of "aggravated felony," and restore provisions of law amended by such provision as if it had not been enacted, including residency-or status-related rights of an affected legal alien. Amends the Immigration and Nationality Act to revise detention of criminal alien provisions, effective as if included in the Act. Repeals, as if included in the Act: (1) certain provisions respecting termination of continuous presence or physical presence in the United States; and (2) the definition of "conviction."Authorizes the Attorney General to admit certain lawfully admitted permanent resident aliens returning to the United States who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, effective as of a specified date, as if certain sections of the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 had not been enacted. Revises provisions respecting judicial review of removal orders.Requires the Attorney General to establish a post-proceeding removal relief process for affected aliens.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''James Guelff Body Armor Act of
1999''.

SEC. 2. FINDINGS.

Congress finds that--
(1) nationally, police officers and ordinary citizens are
facing increased danger as criminals use more deadly weaponry,
body armor, and other sophisticated assault gear;
(2) crime at the local level is exacerbated by the
interstate movement of body armor and other assault gear;
(3) there is a traffic in body armor moving in or otherwise
affecting interstate commerce, and existing Federal controls
over such traffic do not adequately enable the States to
control this traffic within their own borders through the
exercise of their police power;
(4) recent incidents, such as the murder of San Francisco
Police Officer James Guelff by an assailant wearing 2 layers of
body armor and a 1997 bank shoot out in north Hollywood,
California, between police and 2 heavily armed suspects
outfitted in body armor, demonstrate the serious threat to
community safety posed by criminals who wear body armor during
the commission of a violent crime;
(5) of the approximately 1,200 officers killed in the line
of duty since 1980, more than 30 percent could have been saved
by body armor, and the risk of dying from gunfire is 14 times
higher for an officer without a bulletproof vest;
(6) the Department of Justice has estimated that 25 percent
of State and local police are not issued body armor;
(7) the Federal Government is well-equipped to grant local
police departments access to body armor that is no longer
needed by Federal agencies; and
(8) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to enact legislation to regulate interstate commerce
that affects the integrity and safety of our communities.

SEC. 3. DEFINITIONS.

In this Act:
(1) Body armor.--The term ''body armor'' means any product
sold or offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.
(2) Law enforcement agency.--The term ''law enforcement
agency'' means an agency of the United States, a State, or a
political subdivision of a State, authorized by law or by a
Government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(3) Law enforcement officer.--The term ''law enforcement
officer'' means any officer, agent, or employee of the United
States, a State, or a political subdivision of a State,
authorized by law or by a Government agency to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.

SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR.

(a) Sentencing Enhancement.--The United States Sentencing
Commission shall amend the Federal sentencing guidelines to provide an
appropriate sentencing enhancement, increasing the offense level not
less than 2 levels, for any offense in which the defendant used body
armor.
(b) Applicability.--No amendment made to the Federal Sentencing
Guidelines pursuant to this section shall apply if the Federal offense
in which the body armor is used constitutes a violation of, attempted
violation of, or conspiracy to violate the civil rights of any person
by a law enforcement officer acting under color of the authority of
such law enforcement officer.

SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY
VIOLENT FELONS.

(a) Definition of Body Armor.--Section 921 of title 18, United
States Code, is amended by adding at the end the following:
''(35) The term 'body armor' means any product sold or
offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.''.
(b) Prohibition.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
''Sec. 931. Prohibition on purchase, ownership, or possession of body
armor by violent felons
''(a) In General.--Except as provided in subsection (b), it shall
be unlawful for a person to purchase, own, or possess body armor, if
that person has been convicted of a felony that is--
''(1) a crime of violence (as defined in section 16); or
''(2) an offense under State law that would constitute a
crime of violence if it occurred within the special maritime
and territorial jurisdiction of the United States.
''(b) Exception.--
''(1) Application.--A person who is subject to the
prohibition of subsection (a) whose employment, livelihood, or
safety is dependent on the ability to possess and use body
armor, may file a petition with the Secretary for an exception
to the prohibition of subsection (a).
''(2) Action by secretary.--Upon receipt of a petition
under paragraph (1), the Secretary may reduce or eliminate the
prohibition of subsection (a), impose conditions on reduction
or elimination of the prohibition, or otherwise grant relief
from the prohibition, as the Secretary determines to be
appropriate, based on a determination that the petitioner--
''(A) is likely to use body armor in a safe and
lawful manner; and
''(B) has a reasonable need for such protection
under the circumstances.
''(3) Factors for consideration.--In making a determination
under paragraph (2) with respect to a petitioner, the Secretary
shall consider--
''(A) any continued employment of the petitioner;
''(B) the interests of justice;
''(C) any relevant evidence; and
''(D) the totality of the circumstances.
''(4) Certified copy of permission.--The Secretary shall
require, as a condition of granting any exception to a
petitioner under this subsection, that the petitioner agree to
maintain on his or her person a certified copy of the
Secretary's permission to possess and use body armor, including
any conditions or limitations.
''(5) Rule of construction.--Nothing in this subsection may
be construed to--
''(A) require the Secretary to grant relief to any
particular petitioner; or
''(B) imply that any relief granted by the
Secretary under this subsection relieves any other
person from any liability that may otherwise be
imposed.
''(c) Immunity From Liability.--
''(1) In general.--An officer or employee of a law
enforcement agency who enforces the prohibition specified in
subsection (a) against a person who has been granted relief
pursuant to subsection (b), shall be immune from any liability
for false arrest arising from the enforcement of this section
unless the person has in his or her possession a certified copy
of the permission granting the person relief from the
prohibition, as required by subsection (b)(4).
''(2) Rule of construction.--The immunity from liability
described in paragraph (1) shall not relieve any person or
entity from any other liability that may otherwise be
imposed.''.
(2) Clerical amendment.--The analysis for chapter 44 of
title 18, United States Code, is amended by adding at the end
the following:

''931. Prohibition on purchase, ownership, or possession of body armor
by violent felons.''.
(c) Penalties.--Section 924(a) of title 18, United States Code, is
amended by adding at the end the following:
''(7) Whoever knowingly violates section 931 shall be fined under
this title, imprisoned not more than 3 years, or both.''.

SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL LAW
ENFORCEMENT AGENCIES.

(a) Definitions.--In this section, the terms ''Federal agency'' and
''surplus property'' have the meanings given such terms under section 3
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 472).
(b) Donation of Body Armor.--Notwithstanding section 203 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484), the head of a Federal agency may donate body armor directly to
any State or local law enforcement agency, if such body armor is--
(1) in serviceable condition; and
(2) surplus property.
(c) Notice to Administrator.--The head of a Federal agency who
donates body armor under this section shall submit to the Administrator
of General Services a written notice identifying the amount of body
armor donated and each State or local law enforcement agency that
received the body armor.
(d) Donation by Certain Officers.--
(1) Department of justice.--In the administration of this
section with respect to the Department of Justice, in addition
to any other officer of the Department of Justice designated by
the Attorney General, the following officers may act as the
head of a Federal agency:
(A) The Administrator of the Drug Enforcement
Administration.
(B) The Director of the Federal Bureau of
Investigation.
(C) The Commissioner of the Immigration and
Naturalization Service.
(D) The Director of the United States Marshals
Service.
(2) Department of the treasury.--In the administration of
this section with respect to the Department of the Treasury, in
addition to any other officer of the Department of the Treasury
designated by the Secretary of the Treasury, the following
officers may act as the head of a Federal agency:
(A) The Director of the Bureau of Alcohol, Tobacco,
and Firearms.
(B) The Commissioner of Customs.
(C) The Director of the United States Secret
Service.
James Guelff Body Armor Act of 1999 - Directs the U.S. Sentencing Commission to amend the Federal sentencing guidelines to provide an appropriate enhancement, increasing the level not less than two levels, for any offense in which the defendant used body armor, with an exception involving a civil rights violation by a law enforcement officer acting under color of authority.
(Sec. 5) Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons, with a procedure for the Secretary of the Treasury to grant an exception where a person's employment, livelihood, or safety is dependent on the ability to possess and use body armor. Grants a law enforcement officer immunity from liability for false arrest arising from the enforcement of this section unless the person has in his or her possession a certified copy of the permission granting the person relief from the prohibition. Sets penalties for violations of this prohibition.
(Sec. 6) Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Ohio River Corridor Study Commission
Act of 1993''.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) the amenities and resources of the Ohio River, which
flows through 6 States from its headwaters in Pennsylvania to
its confluence with the Mississippi River and comprises a chain
of commercial, industrial, historical, archaeological, natural,
recreational, scenic, wildlife, urban, rural, cultural, and
economic areas, are of major significance and importance to the
United States;
(2) the national interest is served by--
(A) preserving, protecting, and improving the
amenities and resources of the Ohio River for the
benefit of the people of the United States; and
(B) improving the coordination between all levels
of government in the Ohio River Corridor;
(3) efforts to preserve, protect, and improve the amenities
and resources of the Ohio River are inadequate despite efforts
by the States through which the Ohio River flows, political
subdivisions of the States, and volunteer associations and
private businesses in the States;
(4) Federal agency programs are insufficient to coordinate
State and local planning and regulatory authorities to provide
for resource management and economic development in a manner
that is consistent with the protection and public use of the
amenities and resources of the Corridor; and
(5) the Federal Government should assist in the
coordination, preservation, and interpretation activities of
public and private entities with respect to the significant
amenities and resources associated with the Ohio River.
(b) Purposes.--The purposes of this Act are--
(1) to focus attention on the unique and nationally
significant resources of the Ohio River Corridor;
(2) to provide a means and stimulus for coordinating the
preservation, protection, improvement, enjoyment, and
utilization of the resources of the Ohio River Corridor; and
(3) to establish a national entity to gather, assess, and
disseminate information on the historic, economic, natural,
recreational, scenic, and cultural opportunities in the Ohio
River Corridor.

SEC. 3. DEFINITIONS.

For purposes of this Act:
(1) Commission.--The term ''Commission'' means the Ohio
River Corridor Study Commission established under section 4.
(2) Ohio river corridor; corridor.--The terms ''Ohio River
Corridor'' and ''Corridor'' mean the Ohio River from
Pittsburgh, Pennsylvania, to Cairo, Illinois, and an area
extending from the edge of the river to the landward boundary
of each county along the designated length of the river.
(3) Ohio river state.--The term ''Ohio River State'' means
each of the States of Illinois, Kentucky, Indiana, Ohio, West
Virginia, and Pennsylvania.

SEC. 4. OHIO RIVER STUDY COMMISSION.

(a) Establishment.--There is established a commission to be known
as the Ohio River Corridor Study Commission.
(b) Duties of the Commission.--
(1) Study.--The Commission shall study and make
recommendations regarding--
(A) the feasibility of establishing an Ohio River
National Heritage Corridor for the Ohio River Corridor;
and
(B) the preservation, protection, improvement,
enjoyment, and utilization of the historic, economic,
natural, recreational, scenic, and cultural resources
of the Corridor consistent with this Act.
(2) Information collection; consultation.--As part of the
study conducted under paragraph (1), the Commission shall--
(A) assess the preservation, protection,
improvement, enjoyment, and utilization potential of
the historic, economic, natural, recreational, scenic,
and cultural resources of the Corridor;
(B) collect information dealing with ongoing
activities, management plans, and opportunities
regarding historic, economic, natural, recreational,
scenic, and cultural resources in the Corridor;
(C) make such information available to Federal
agencies, States, and political subdivisions of States,
tribal governments, educational institutions, volunteer
associations, and private businesses to assist such
entities in undertaking activities to preserve,
protect, improve, or utilize the historic, economic,
natural, recreational, scenic, or cultural resources of
the Corridor;
(D) consult with the Ohio River Valley Water
Sanitation Commission and the Ohio River Basin
Commission, and cooperate with the commissions and such
associations in the performance of its duties;
(E) provide a forum for the consideration of
resource issues relating to the Corridor;
(F) seek and encourage the participation of
affected State and local governments, interested
citizens, public officials, groups, agencies,
educational institutions, and others in the
preservation, protection, improvement, enjoyment, and
utilization of the resources of the Corridor;
(G) recommend methods and means for educating the
general population about the national importance and
value of the Ohio River as a natural resource and
national treasure; and
(H) make the Commission accessible to such groups,
agencies, and citizens by holding at least one well-
publicized public hearing in each State within the
Corridor.
(3) Report.--The Commission shall prepare a report that--
(A) specifies the results of the study conducted
under paragraph (1); and
(B) contains--
(i) a description of the Ohio River
Corridor and the proposed boundaries of an Ohio
River National Heritage Corridor (if so
recommended) showing the corridor and such
zones as may be appropriate;
(ii) an inventory and assessment of the
historic, economic, natural, recreational,
scenic, and cultural resources of the Corridor;
(iii) specific preservation and
interpretation goals;
(iv) proposed management strategies whereby
the funds, data, personnel, and authorities of
public and private entities may be combined and
coordinated in furtherance of the purposes of
this Act; and
(v) such recommendations as the Commission
may deem appropriate with respect to clauses
(i) through (iv) and with respect to public
access to and interpretation of the natural and
cultural resources of the river and related
outdoor recreation opportunities.
(c) Organization of the Commission.--
(1) Membership.--The Commission shall be composed of 11
members including--
(A) the Director of the National Park Service (or a
designee of the Director);
(B) the Secretary of Transportation (or a designee
of the Secretary);
(C) the Secretary of Commerce (or a designee of the
Secretary);
(D) the Director of the United States Fish and
Wildlife Service (or a designee of the Director);
(E) the Chief of Engineers of the Army Corps of
Engineers (or a designee of the Chief); and
(F) one member from each Ohio River State appointed
by the Governor of such State.
(2) Ex officio members.--Members designated by clauses (A)
through (E) of paragraph (1) shall serve ex officio.
(3) Initial appointments.--Members of the Commission
appointed under clause (F) of paragraph (1) shall be first
appointed not later than 45 days after the date of enactment of
this Act.
(4) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment is made.
(5) Terms.--Members of the Commission appointed under
clause (F) of paragraph (1) shall be appointed for the life of
the Commission.
(6) Compensation.--Members of the Commission shall serve
without compensation.
(7) Reimbursement of expenses.--While away from their homes
or regular places of business in the performance of services
for the Commission, members of the Commission shall be allowed
travel expenses, including a per diem allowance in lieu of
subsistence, in the same manner as persons employed
intermittently in Government service are allowed travel
expenses under section 5703 of title 5, United States Code.
(8) Quorum.--
(A) In general.--Seven members of the Commission
shall constitute a quorum, but a lesser number of
members may hold hearings.
(B) Proxy.--A member of the Commission may vote by
means of a signed proxy exercised by another member of
the Commission, but any member so voting shall not be
considered present for purposes of establishing a
quorum.
(9) Chairperson.--As the first item of business at the
first meeting of the Commission, the members of the Commission
shall elect a chairperson of the Commission from among the
members appointed under subsection (c)(1)(F).
(10) Meetings.--
(A) Initial meeting.--Not later than 30 days after
the members of the Commission are first appointed, the
Commission shall hold its first meeting.
(B) Subsequent meetings.--After the initial
meeting, the Commission shall meet at the call of the
chairperson or a majority of the members.
(11) Interim rules.--The Director of the National Park
Service (or a designee of the Director) shall select the date
of the first meeting and shall serve as chairperson until the
election of the chairperson under paragraph (9).
(12) Technical committee.--With the advice and consent of
the Commission members, the chairperson may appoint a technical
committee with representation from various interest groups,
professional agencies, or advocacy groups within the Ohio River
States with each State having at least one member.
(13) Waiver.--The provisions of section 14(b) of the
Federal Advisory Committee Act (5 U.S.C. App.) are waived with
respect to the Commission.
(d) Staff; Experts and Consultants; Personnel of Federal
Agencies.--
(1) Lead agency.--The National Park Service shall, if
personnel are available, staff and advise the Commission.
(2) Staff.--The Commission, if National Park Service
personnel are not available, with advice from the Director of
the National Park Service (or a designee of the Director), may
appoint and fix the pay of such staff as the Commission
considers appropriate, subject to--
(A) the provisions of title 5, United States Code,
governing appointments in the competitive service; and
(B) the provisions of chapter 51 and subchapter III
of chapter 53 of such title relating to classification
and General Schedule pay rates.
(3) Experts and consultants.--The Commission, with advice
from the Director of the National Park Service (or a designee
of the Director), may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(4) Personnel of states and political subdivisions.--The
Commission may--
(A) accept the services of personnel detailed from
an Ohio River State or a political subdivision of an
Ohio River State; and
(B) reimburse such State or such subdivision for
such services.
(5) Personnel of federal agencies.--At the request of the
Commission, with the advice of the Director of the National
Park Service (or a designee of the Director), the head of any
Federal agency may detail, on a reimbursable basis, any of the
personnel of such agency to the Commission to assist the
Commission in carrying out its duties under this Act.
(e) Powers of the Commission.--
(1) Hearings and sessions.--The Commission may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
considers appropriate to carry out this Act.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if so authorized by the Commission, take
any action which the Commission is authorized to take by this
section.
(3) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(4) Administrative support services.--The Administrator of
General Service shall provide to the Commission on a
reimbursable basis such administrative support services as the
Commission may request.
(f) Submission of Reports.--
(1) Interim report.--Not later than 2 years after the date
of the first meeting of the Commission, the Commission shall
submit to the President, the Speaker of the House of
Representatives, the President of the Senate, and the Governor
of each Ohio River State a report describing the progress of
the Commission in carrying out the duties of the Commission
under subsection (b).
(2) Final report.--Not later than 3 years after the date of
the first meeting of the Commission, the Commission shall
submit to the President, the Speaker of the House of
Representatives, the President of the Senate, and the Governor
of each Ohio River State the report required by subsection
(b)(3).
(g) Termination of Commission.--Notwithstanding section 14(a)(2) of
the Federal Advisory Committee Act (5 U.S.C. App.), the Commission
shall cease to exist 90 days after submitting the report required by
subsection (b)(3).

SEC. 5. CONSENT TO NEGOTIATE PROPOSED COMPACTS.

The consent and approval of Congress are hereby given to each Ohio
River State to enter into an interstate agreement or compact with 1 or
more of any other Ohio River State in furtherance of this Act or the
study referred to in section 4(b)(1).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this Act such
sums as may be necessary to be available until expended during the 3
years in which the Commission is in existence.
Ohio River Corridor Study Commission Act of 1993 - Establishes the Ohio River Corridor Study Commission to study and report on: (1) the feasibility of establishing an Ohio River National Heritage Corridor for the Ohio River Corridor; and (2) the preservation, protection, improvement, enjoyment, and utilization of the historic, economic, natural, recreational, scenic, and cultural resources of the Corridor.
Gives the consent and approval of the Congress to the States of Illinois, Kentucky, Indiana, Ohio, West Virginia, or Pennsylvania to enter into an interstate agreement or compact in furtherance of this Act or the study.
Authorizes appropriations.