[Congressional Record Volume 150, Number 110 (Wednesday, September 15, 2004)]
[Senate]
[Pages S9295-S9305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3660. Mrs. HUTCHISON (for herself and Mrs. Feinstein) proposed an 
amendment to the bill S. 2674, making appropriations for military 
construction, family housing, and base realignment and closure for the 
Department of Defense for the fiscal year ending September 30, 2005, 
and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec.   . (a) Assessment of Budget Authority Limitation on 
     Military Housing Privatization Initiative.--(1) The Secretary 
     of Defense shall assess the impact on the military family 
     housing program of having the total value of contracts and 
     investments undertaken under the Military Housing 
     Privatization Initiative reach the limitation on budget 
     authority for the initiative specified in section 2883(g) of 
     Title 10, United States Code.
       (2) The assessment shall include: an estimate of the 
     appropriations and period of time necessary to provide the 
     level and quality of housing contemplated under the Military 
     Housing Privatization Initiative in the event that limitation 
     in 10 USC 2883(g) is not eliminated and the potential impact 
     on military families if the limitation is not eliminated.
       (b) The Secretary of Defense shall, no later than December 
     31, 2004, provide to the congressional defense committees a 
     report on the assessment required by subparagraph (a).
       (c) Military Housing Privatization Initiative Defined.--In 
     this section, the term ``military housing privatization 
     initiative''

[[Page S9296]]

     means the programs and activities undertaken under the 
     alternative authority for the acquisition and improvement of 
     military housing under subchapter IV of chapter 169 of title 
     10, United States Code.
                                 ______
                                 
  SA 3661. Mrs. HUTCHISON (for herself and Mrs. Feinstein) proposed an 
amendment to the bill S. 2674, making appropriations for military 
construction, family housing, and base realignment and closure for the 
Department of Defense for the fiscal year ending September 30, 2005, 
and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. 131. Of the amount appropriated by this Act, 
     $1,500,000 shall be available to the Commission on Review of 
     Overseas Military Facility Structure of the United States.
                                 ______
                                 
  SA 3662. Mr. FRIST (for Mr. McCain (for himself, Mr. Hollings, and 
Mr. Smith)) submitted an amendment intended to be proposed by Mr. Frist 
to the bill S. 1234, to reauthorize the Federal Trade Commission, and 
for other purposes; as follows:

     SECTION 1. SHORT TITLE; FINDINGS; PURPOSE.

       (a) Short Title.--This Act may be cited as the 
     ``International Consumer Protection Act of 2004.''.
       (b) Findings.--The Congress finds the following:
       (1) The Federal Trade Commission protects consumers from 
     fraud and deception. Cross-border fraud and deception are 
     growing international problems that affect American consumers 
     and businesses. 
       (2) The development of the Internet and improvements in 
     telecommunications technologies have brought significant 
     benefits to consumers. At the same time, they have also 
     provided unprecedented opportunities for those engaged in 
     fraud and deception to establish operations in one country 
     and victimize a large number of consumers in other countries.
       (3) An increasing number of consumer complaints collected 
     in the Consumer Sentinel database maintained by the 
     Commission, and an increasing number of cases brought by the 
     Commission, involve foreign consumers, foreign businesses or 
     individuals, or assets or evidence located outside the United 
     States.
       (4) The Commission has legal authority to remedy law 
     violations involving domestic and foreign wrongdoers, 
     pursuant to the Federal Trade Commission Act. The 
     Commission's ability to obtain effective relief using this 
     authority, however, may face practical impediments when 
     wrongdoers, victims, other witnesses, documents, money and 
     third parties involved in the transaction are widely 
     dispersed in many different jurisdictions. Such circumstances 
     make it difficult for the Commission to gather all the 
     information necessary to detect injurious practices, to 
     recover offshore assets for consumer redress, and to reach 
     conduct occurring outside the United States that affects 
     United States consumers.
       (5) Improving the ability of the Commission and its foreign 
     counterparts to share information about cross-border fraud 
     and deception, to conduct joint and parallel investigations, 
     and to assist each other is critical to achieving more timely 
     and effective enforcement in cross-border cases.
       (c) Purpose.--The purpose of this Act is to enhance the 
     ability of the Federal Trade Commission to protect consumers 
     from cross-border fraud and deception and other consumer 
     protection law violations.

     SEC. 2. FOREIGN LAW ENFORCEMENT AGENCY DEFINED.

       Section 4 of the Federal Trade Commission Act (15 U.S.C. 
     44) is amended by adding at the end the following:
       `` `Foreign law enforcement agency' means--
       ``(A) any agency or judicial authority of a foreign 
     government, including a foreign state, a political 
     subdivision of a foreign state, or a multinational 
     organization constituted by and comprised of foreign states, 
     that is vested with law enforcement or investigative 
     authority in civil, criminal, or administrative matters; and
       ``(B) any multinational or multiagency organization to the 
     extent that it is acting on behalf of an entity described in 
     subparagraph (A).''.

     SEC. 3. AVAILABILITY OF REMEDIES.

       Section 5(a) of the Federal Trade Commission Act (15 U.S.C. 
     45(a)) is amended by adding at the end the following:
       ``(4)(A) For purposes of this subsection, the term `unfair 
     or deceptive acts or practices' includes unfair or deceptive 
     acts or practices involving foreign commerce that--
       ``(i) cause or are likely to cause reasonably foreseeable 
     injury within the United States; or
       ``(ii) involve material conduct occurring within the United 
     States.
       ``(B) All remedies available to the Commission with respect 
     to unfair and deceptive acts or practices shall be available 
     for acts and practices described in this paragraph, including 
     restitution to domestic or foreign victims.''.

     SEC. 4. POWERS OF THE COMMISSION.

       (a) Publication of Information; Reports.--Section 6(f) of 
     the Federal Trade Commission Act (15 U.S.C. 46(f)) is 
     amended--
       (1) by inserting ``(1)'' after ``such information'' the 
     first place it appears; and
       (2) by striking ``purposes.'' and inserting ``purposes, and 
     (2) to any officer or employee of any foreign law enforcement 
     agency under the same circumstances that making material 
     available to foreign law enforcement agencies is permitted 
     under section 21(b).''.
       (b) Other Powers of the Commission.--Section 6 of the 
     Federal Trade Commission Act (15 U.S.C. 46) is further 
     amended by inserting after subsection (i) and before the 
     proviso the following:
       ``(j) Investigative Assistance for Foreign Law Enforcement 
     Agencies.--
       ``(1) In general.--Upon a written request from a foreign 
     law enforcement agency to provide assistance in accordance 
     with this subsection, if the requesting agency states that it 
     is investigating, or engaging in enforcement proceedings 
     against, possible violations of laws prohibiting fraudulent 
     or deceptive commercial practices, or other practices 
     substantially similar to practices prohibited by any 
     provision of the laws administered by the Commission, other 
     than Federal antitrust laws (as defined in section 12(5) of 
     the International Antitrust Enforcement Assistance Act of 
     1994 (15 U.S.C. 6211(5))), to provide the assistance 
     described in paragraph (2) without requiring that the 
     conduct identified in the request constitute a violation 
     of the laws of the United States.
       ``(2) Type of assistance.--In providing assistance to a 
     foreign law enforcement agency under this subsection, the 
     Commission may--
       ``(A) conduct such investigation as the Commission deems 
     necessary to collect information and evidence pertinent to 
     the request for assistance, using all investigative powers 
     authorized by this Act; and
       ``(B) when the request is from an agency acting to 
     investigate or pursue the enforcement of civil laws, or when 
     the Attorney General refers a request to the Commission from 
     an agency acting to investigate or pursue the enforcement of 
     criminal laws, seek and accept appointment by a United States 
     district court of Commission attorneys to provide assistance 
     to foreign and international tribunals and to litigants 
     before such tribunals on behalf of a foreign law enforcement 
     agency pursuant to section 1782 of title 28, United States 
     Code.
       ``(3) Criteria for determination.--In deciding whether to 
     provide such assistance, the Commission shall consider all 
     relevant factors, including--
       ``(A) whether the requesting agency has agreed to provide 
     or will provide reciprocal assistance to the Commission;
       ``(B) whether compliance with the request would prejudice 
     the public interest of the United States; and
       ``(C) whether the requesting agency's investigation or 
     enforcement proceeding concerns acts or practices that cause 
     or are likely to cause injury to a significant number of 
     persons.
       ``(4) International agreements.--If a foreign law 
     enforcement agency has set forth a legal basis for requiring 
     conclusion of an international agreement as a condition for 
     reciprocal assistance, or as a condition for provision of 
     materials or information to the Commission, the Commission, 
     with prior approval and ongoing oversight of the Secretary of 
     State, and with final approval of the agreement by the 
     Secretary of State, may negotiate and conclude an 
     international agreement, in the name of either the United 
     States or the Commission, for the purpose of obtaining such 
     assistance, materials, or information. The Commission may 
     undertake in such an international agreement to
       ``(A) provide assistance using the powers set forth in this 
     subsection;
       ``(B) disclose materials and information in accordance with 
     subsection (f) and section 21(b); and
       ``(C) engage in further cooperation, and protect materials 
     and information received from disclosure, as authorized by 
     this Act.
       ``(5) Additional authority.--The authority provided by this 
     subsection is in addition to, and not in lieu of, any other 
     authority vested in the Commission or any other officer of 
     the United States.
       ``(6) Limitation.--This subsection does not authorize the 
     Commission to take any action or exercise any power with 
     respect to a bank, a savings and loan institution described 
     in section 18(f)(3) (15 U.S.C. 57a(f)(3)), a Federal credit 
     union described in section 18(f)(4) (15 U.S.C. 57a(f)(4)), or 
     a common carrier subject to the Act to regulate commerce, 
     except in accordance with the undesignated proviso following 
     the last designated subsection of section 6 (15 U.S.C. 46).
       ``(7) Assistance to certain countries.--The Commission may 
     not provide investigative assistance under this subsection to 
     a foreign law enforcement agency from a country that the 
     Secretary of State has determined, in accordance with section 
     6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 
     2405(j)), has repeatedly provided support for acts of 
     international terrorism, unless and until such determination 
     is rescinded pursuant to section 6(j)(4) of that Act (50 
     U.S.C. App. 2405(j)(4)).
       ``(k) Referral of Evidence for Criminal Proceedings.--
       ``(1) In general.--Whenever the Commission obtains evidence 
     that any person, partnership, or corporation, either domestic 
     or foreign, has engaged in conduct that may constitute a 
     violation of Federal criminal law, to transmit such evidence 
     to the Attorney General, who may institute criminal 
     proceedings under appropriate statutes.

[[Page S9297]]

     Nothing in this paragraph affects any other authority of the 
     Commission to disclose information.
       ``(2) International information.--The Commission should 
     endeavor to ensure, with respect to memoranda of 
     understanding and international agreements it may conclude, 
     that material it has obtained from foreign law enforcement 
     agencies acting to investigate or pursue the enforcement of 
     foreign criminal laws may be used for the purpose of 
     investigation, prosecution, or prevention of violations of 
     United States criminal laws.
       ``(1) Expenditures for Cooperative Arrangements.--To expend 
     appropriated funds for--
       ``(1) operating expenses and other costs of bilateral and 
     multilateral cooperative law enforcement groups conducting 
     activities of interest to the Commission and in which the 
     Commission participates; and
       ``(2) expenses for consultations and meetings hosted by the 
     Commission with foreign government agency officials, members 
     of their delegations, appropriate representatives and staff 
     to exchange views concerning developments relating to the 
     Commission's mission, development and implementation of 
     cooperation agreements, and provision of technical assistance 
     for the development of foreign consumer protection or 
     competition regimes, such expenses to include necessary 
     administrative and logistic expenses and the expenses of 
     Commission staff and foreign invitees in attendance at such 
     consultations and meetings including--
       ``(A) such incidental expenses as meals taken in the course 
     of such attendance;
       ``(B) any travel and transportation to or from such 
     meetings; and
       ``(C) any other related lodging or subsistence.''.
       (c) Authorization of Appropriations.--The Federal Trade 
     Commission is authorized to expend appropriated funds not to 
     exceed $100,000 per fiscal year for purposes of section 6(l) 
     of the Federal Trade Commission Act (15 U.S.C. 46(l)) (as 
     added by subsection (b) of this section), including operating 
     expenses and other costs of the following bilateral and 
     multilateral cooperative law enforcement agencies and 
     organizations:
       (1) The International Consumer Protection and Enforcement 
     Network.
       (2) The International Competition Network.
       (3) The Mexico-U.S.-Canada Health Fraud Task Force.
       (4) Project Emptor.
       (5) The Toronto Strategic Partnership and other regional 
     partnerships with a nexus in a Canadian province.
       (d) Conforming Amendment.--Section 6 of the Federal Trade 
     Commission Act (15 U.S.C. 46) is amended by striking 
     ``clauses (a) and (b)'' in the proviso following subsection 
     (l) (as added by subsection (b) of this section) and 
     inserting ``subsections (a), (b), and (j)''.

     SEC. 5. REPRESENTATION IN FOREIGN LITIGATION.

       Section 16 of the Federal Trade Commission Act (15 U.S.C. 
     56) is amended by adding at the end the following:
       ``(c) Foreign Litigation.--
       ``(1) Commission attorneys.--With the concurrence of the 
     Attorney General, the Commission may designate Commission 
     attorneys to assist the Attorney General in connection with 
     litigation in foreign courts on particular matters in which 
     the Commission has an interest.
       ``(2) Reimbursement for foreign counsel.--The Commission is 
     authorized to expend appropriated funds, upon agreement with 
     the Attorney General, to reimburse the Attorney General for 
     the retention of foreign counsel for litigation in foreign 
     courts and for expenses related to litigation in foreign 
     courts in which the Commission has an interest.
       ``(3) Limitation on use of funds.--Nothing in this 
     subsection authorizes the payment of claims or judgments from 
     any source other than the permanent and indefinite 
     appropriation authorized by section 1304 of title 31, United 
     States Code.
       ``(4) Other authority.--The authority provided by this 
     subsection is in addition to any other authority of the 
     Commission or the Attorney General.''.

     SEC. 6. SHARING INFORMATION WITH FOREIGN LAW ENFORCEMENT 
                   AGENCIES.

       (a) Material Obtained Pursuant to Compulsory Process.--
     Section 21(b)(6) of the Federal Trade Commission Act (15 
     U.S.C. 57b-2(b)(6)) is amended by adding at the end the 
     following: ``The custodian may make such material available 
     to any foreign law enforcement agency upon the prior 
     certification of an appropriate official of any such foreign 
     law enforcement agency, either by a prior agreement or 
     memorandum of understanding with the Commission or by other 
     written certification, that such material will be maintained 
     in confidence and will be used only for official law 
     enforcement purposes, if--
       ``(A) the foreign law enforcement agency has set forth a 
     bona fide legal basis for its authority to maintain the 
     material in confidence;
       ``(B) the materials are to be used for purposes of 
     investigating, or engaging in enforcement proceedings related 
     to, possible violations of--
       ``(i) foreign laws prohibiting fraudulent or deceptive 
     commercial practices, or other practices substantially 
     similar to practices prohibited by any law administered by 
     the Commission;
       ``(ii) a law administered by the Commission, if disclosure 
     of the material would further a Commission investigation or 
     enforcement proceeding; or
       ``(iii) with the approval of the Attorney General, other 
     foreign criminal laws, if such foreign criminal laws are 
     offenses defined in or covered by a criminal mutual legal 
     assistance treaty in force between the government of the 
     United States and the foreign law enforcement agency's 
     government;
       ``(C) the appropriate Federal banking agency (as defined in 
     section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 
     1813(q)) or, in the case of a Federal credit union, the 
     National Credit Union Administration, has given its prior 
     approval if the materials to be provided under subparagraph 
     (B) are requested by the foreign law enforcement agency for 
     the purpose of investigating, or engaging in enforcement 
     proceedings based on, possible violations of law by a bank, a 
     savings and loan institution described in section 18(f)(3) of 
     the Federal Trade Commission Act (15 U.S.C. 57a(f)(3)), or a 
     Federal credit union described in section 18(f)(4) of the 
     Federal Trade Commission Act (15 U.S.C. 57a(f)(4)); and
       ``(D) the foreign law enforcement agency is not from a 
     country that the Secretary of State has determined, in 
     accordance with section 6(j) of the Export Administration Act 
     of 1979 (50 U.S.C. App. 2405(j)), has repeatedly provided 
     support for acts of international terrorism, unless and until 
     such determination is rescinded pursuant to section 6(j)(4) 
     of that Act (50 U.S.C. App. 2405(j)(4)).

     Nothing in the preceding sentence authorizes the disclosure 
     of material obtained in connection with the administration of 
     the Federal antitrust laws or foreign antitrust laws (as 
     defined in paragraphs (5) and (7), respectively, of section 
     12 of the International Antitrust Enforcement Assistance Act 
     of 1994 (15 U.S.C. 6211)) to any officer or employee of a 
     foreign law enforcement agency.''.
       (b) Information Supplied by and About Foreign Sources.--
     Section 21(f) of the Federal Trade Commission Act (15 U.S.C. 
     57b-2(f)) is amended to read as follows:
       ``(f) Exemption From Public Disclosure.--
       ``(1) In general.--Any material which is received by the 
     Commission in any investigation, a purpose of which is to 
     determine whether any person may have violated any provision 
     of the laws administered by the Commission, and which is 
     provided pursuant to any compulsory process under this Act or 
     which is provided voluntarily in place of such compulsory 
     process shall not be required to be disclosed under section 
     552 of title 5, United States Code, or any other provision of 
     law, except as provided in paragraph (2)(B) of this section.
       ``(2) Material obtained from a foreign source.--
       ``(A) In general.--Except as provided in subparagraph (B) 
     of this paragraph, the Commission shall not be required to 
     disclose under section 552 of title 5, United States Code, or 
     any other provision of law--
       ``(i) any material obtained from a foreign law enforcement 
     agency or other foreign government agency, if the foreign law 
     enforcement agency or other foreign government agency has 
     requested confidential treatment, or has precluded such 
     disclosure under other use limitations, as a condition of 
     providing the material;
       ``(ii) any material reflecting a consumer complaint 
     obtained from any other foreign source, if that foreign 
     source supplying the material has requested confidential 
     treatment as a condition of providing the material; or
        ``(iii) any material reflecting a consumer complaint 
     submitted to a Commission reporting mechanism sponsored in 
     part by foreign law enforcement agencies or other foreign 
     government agencies.
        ``(B) Savings provision.--Nothing in this subsection 
     authorizes the Commission to withhold information from the 
     Congress or prevent the Commission from complying with an 
     order of a court of the United States in an action commenced 
     by the United States or the Commission.''.

     SEC. 7. CONFIDENTIALITY; DELAYED NOTICE OF PROCESS.

       (a) In General.--The Federal Trade Commission Act (15 
     U.S.C. 41 et seq.) is amended by inserting after section 21 
     the following:

     ``SEC. 21A. CONFIDENTIALITY AND DELAYED NOTICE OF COMPULSORY 
                   PROCESS FOR CERTAIN THIRD PARTIES.

       ``(a) Application With Other Laws.--The Right to Financial 
     Privacy Act (12 U.S.C. 3401 et seq.) and chapter 121 of title 
     18, United States Code, shall apply with respect to the 
     Commission, except as otherwise provided in this section.
       ``(b) In General.--The procedures for delay of notification 
     or prohibition of disclosure under the Right to Financial 
     Privacy Act (12 U.S.C. 3401 et seq.) and chapter 121 of title 
     18, United States Code, including procedures for extensions 
     of such delays or prohibitions, shall be available to the 
     Commission, provided that, notwithstanding any provision 
     therein--
       ``(1) a court may issue an order delaying notification or 
     prohibiting disclosure (including extending such an order) in 
     accordance with the procedures of section 1109 of the Right 
     to Financial Privacy Act (12 U.S.C. 3409) (if notification 
     would otherwise be required under that Act), or section 2705 
     of title 18, United States Code, (if notification would 
     otherwise be required under chapter 121 of that title), if 
     the presiding judge or magistrate judge finds that there is 
     reason to believe that such notification or disclosure may 
     cause an adverse result as defined in subsection (g) of this 
     section; and

[[Page S9298]]

       ``(2) if notification would otherwise be required under 
     chapter 121 of title 18, United States Code, the Commission 
     may delay notification (including extending such a delay) 
     upon the execution of a written certification in accordance 
     with the procedures of section 2705 of that title if the 
     Commission finds that there is reason to believe that 
     notification may cause an adverse result as defined in 
     subsection (g) of this section.
       ``(c) Ex Parte Application by Commission.--
       ``(1) In General.--If neither notification nor delayed 
     notification by the Commission is required under the Right to 
     Financial Privacy Act (12 U.S.C. 3401 et seq.) or chapter 121 
     of title 18, United States Code, the Commission may apply ex 
     parte to a presiding judge or magistrate judge for an order 
     prohibiting the recipient of compulsory process issued by the 
     Commission from disclosing to any other person the existence 
     of the process, notwithstanding any law or regulation of the 
     United States, or under the constitution, or any law or 
     regulation, of any State, political subdivision of a State, 
     territory of the United States, or the District of Columbia. 
     The presiding judge or magistrate judge may enter such an 
     order granting the requested prohibition of disclosure for a 
     period not to exceed 60 days if there is reason to believe 
     that disclosure may cause an adverse result as defined in 
     subsection (g). The presiding judge or magistrate judge may 
     grant extensions of this order of up to 30 days each in 
     accordance with this subsection, except that in no event 
     shall the prohibition continue in force for more than a total 
     of 9 months.
       ``(2) Application.--This subsection shall apply only in 
     connection with compulsory process issued by the Commission 
     where the recipient of such process is not a subject of the 
     investigation or proceeding at the time such process is 
     issued.
       ``(3) Limitation.--No order issued under this subsection 
     may prohibit any recipient from disclosing to a Federal 
     agency that the recipient has received compulsory process 
     from the Commission.
       ``(d) No Liability for Failure To Notify.--If neither 
     notification nor delayed notification by the Commission is 
     required under the Right to Financial Privacy Act (12 U.S.C. 
     3401 et seq.) or chapter 121 of title 18, United States 
     Code, the recipient of compulsory process issued by the 
     Commission under this Act shall not be liable under any 
     law or regulation of the United States, or under the 
     constitution, or any law or regulation, of any State, 
     political subdivision of a State, territory of the United 
     States, or the District of Columbia, or under any contract 
     or other legally enforceable agreement, for failure to 
     provide notice to any person that such process has been 
     issued or that the recipient has provided information in 
     response to such process. The preceding sentence does not 
     exempt any recipient from liability for--
       ``(1) the underlying conduct reported;
       ``(2) any failure to comply with the record retention 
     requirements under section 1104(c) of the Right to Financial 
     Privacy Act (12 U.S.C. 3404), where applicable; or
       ``(3) any failure to comply with any obligation the 
     recipient may have to disclose to a Federal agency that the 
     recipient has received compulsory process from the Commission 
     or intends to provide or has provided information to the 
     Commission in response to such process.
       ``(e) Venue and Procedure.--
       ``(1) In general.--All judicial proceedings initiated by 
     the Commission under the Right to Financial Privacy Act (12 
     U.S.C. 3401 et seq.), chapter 121 of title 18, United States 
     Code, or this section may be brought in the United States 
     District Court for the District of Columbia or any other 
     appropriate United States District Court. All ex parte 
     applications by the Commission under this section related to 
     a single investigation may be brought in a single proceeding.
       ``(2) In camera proceedings.--Upon application by the 
     Commission, all judicial proceedings pursuant to this section 
     shall be held in camera and the records thereof sealed until 
     expiration of the period of delay or such other date as the 
     presiding judge or magistrate judge may permit.
       ``(f) Section Not To Apply to Antitrust Investigations or 
     Proceedings.--This section shall not apply to an 
     investigation or proceeding related to the administration of 
     Federal antitrust laws or foreign antitrust laws (as defined 
     in paragraphs (5) and (7), respectively, of section 12 of the 
     International Antitrust Enforcement Assistance Act of 1994 
     (15 U.S.C. 6211).
       ``(g) Adverse Result Defined.--For purposes of this section 
     the term `adverse result' means--
       ``(1) endangering the life or physical safety of an 
     individual;
       ``(2) flight from prosecution;
       ``(3) the destruction of, or tampering with, evidence;
       ``(4) the intimidation of potential witnesses; or
       ``(5) otherwise seriously jeopardizing an investigation or 
     proceeding related to fraudulent or deceptive commercial 
     practices or persons involved in such practices, or unduly 
     delaying a trial related to such practices or persons 
     involved in such practices, including, but not limited to, 
     by--
       ``(A) the transfer outside the territorial limits of the 
     United States of assets or records related to fraudulent or 
     deceptive commercial practices or related to persons involved 
     in such practices;
       ``(B) impeding the ability of the Commission to identify 
     persons involved in fraudulent or deceptive commercial 
     practices, or to trace the source or disposition of funds 
     related to such practices; or
       ``(C) the dissipation, fraudulent transfer, or concealment 
     of assets subject to recovery by the Commission.''.
       (b) Conforming Amendment.--Section 16(a)(2) of the Federal 
     Trade Commission Act (15 U.S.C. 56(a)(2)) is amended--
       (1) by striking ``or'' after the semicolon in subparagraph 
     (C);
       (2) by inserting ``or'' after the semicolon in subparagraph 
     (D); and
       (3) by inserting after subparagraph (D) the following:
       ``(E) under section 21A of this Act;''.

     SEC. 8. PROTECTION FOR VOLUNTARY PROVISION OF INFORMATION.

       The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is 
     further amended by adding after section 21A (as added by 
     section 7 of this Act) the following:

     ``SEC. 21B. PROTECTION FOR VOLUNTARY PROVISION OF 
                   INFORMATION.

       ``(a) In General.--
       ``(1) No Liability for providing certain material.--An 
     entity described in paragraph (2) or (3) of subsection (d) of 
     this section that voluntarily provides material to the 
     Commission that such entity reasonably believes is relevant 
     to--
       ``(A) a possible unfair or deceptive act or practice, as 
     defined in section 5(a) of this Act; or
       ``(B) assets subject to recovery by the Commission, 
     including assets located in foreign jurisdictions;

     shall not be liable to any person under any law or regulation 
     of the United States, or under the constitution, or any law 
     or regulation, of any State, political subdivision of a 
     State, territory of the United States, or the District of 
     Columbia, for such provision of material or for any failure 
     to provide notice of such provision of material or of 
     intention to so provide material.
       (2) Limitations.--Nothing in this subsection shall be 
     construed to exempt any such entity from liability--
       (A) for the underlying conduct reported; or
       (B) to any Federal agency for providing such material or 
     for any failure to comply with any obligation the entity may 
     have to notify a Federal agency prior to providing such 
     material to the Commission.
       ``(b) Certain Financial Institutions.--An entity described 
     in paragraph (1) of subsection (d) of this section shall, in 
     accordance with section 5318(g)(3) of title 31, United 
     States Code, be exempt from liability for making a 
     voluntary disclosure to the Commission of any possible 
     violation of law or regulation, including--
       ``(1) a disclosure regarding assets, including assets 
     located in foreign jurisdictions--
       ``(A) related to possibly fraudulent or deceptive 
     commercial practices;
       ``(B) related to persons involved in such practices; or
       ``(C) otherwise subject to recovery by the Commission; or
       ``(2) a disclosure regarding suspicious chargeback rates 
     related to possibly fraudulent or deceptive commercial 
     practices.
       ``(c) Consumer Complaints.--Any entity described in 
     subsection (d) that voluntarily provides consumer complaints 
     sent to it, or information contained therein, to the 
     Commission shall not be liable to any person under any law or 
     regulation of the United States, or under the constitution, 
     or any law or regulation, of any State, political subdivision 
     of a State, territory of the United States, or the District 
     of Columbia, for such provision of material or for any 
     failure to provide notice of such provision of material or of 
     intention to so provide material. This subsection does not 
     provide any exemption from liability for the underlying 
     conduct.
       ``(d) Application.--This section applies to the following 
     entities, whether foreign or domestic:
       ``(1) A financial institution as defined in section 5312 of 
     title 31, United States Code.
       ``(2) To the extent not included in paragraph (1), a bank 
     or thrift institution, a commercial bank or trust company, an 
     investment company, a credit card issuer, an operator of a 
     credit card system, and an issuer, redeemer, or cashier of 
     travelers' checks, money orders, or similar instruments.
       ``(3) A courier service, a commercial mail receiving 
     agency, an industry membership organization, a payment system 
     provider, a consumer reporting agency, a domain name 
     registrar or registry acting as such, and a provider of 
     alternative dispute resolution services.
       ``(4) An Internet service provider or provider of telephone 
     services.''.

     SEC. 9. STAFF EXCHANGES.

       The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is 
     amended by adding after section 25 the following new section:

     ``SEC. 25A. STAFF EXCHANGES.

       ``(a) In General.--The Commission may--
       ``(1) retain or employ officers or employees of foreign 
     government agencies on a temporary basis as employees of the 
     Commission pursuant to section 2 of this Act or section 3101 
     or 3109 of title 5, United States Code; and
       ``(2) detail officers or employees of the Commission to 
     work on a temporary basis for appropriate foreign government 
     agencies.
       ``(b) Reciprocity and Reimbursement.--The staff 
     arrangements described in subsection (a) need not be 
     reciprocal. The Commission may accept payment or 
     reimbursement, in cash or in kind, from a foreign government 
     agency to which this section is applicable, or payment or 
     reimbursement made

[[Page S9299]]

     on behalf of such agency, for expenses incurred by the 
     Commission, its members, and employees in carrying out such 
     arrangements.
       ``(c) Standards of Conduct.--A person appointed under 
     subsection (a)(1) shall be subject to the provisions of law 
     relating to ethics, conflicts of interest, corruption, and 
     any other criminal or civil statute or regulation governing 
     the standards of conduct for Federal employees that are 
     applicable to the type of appointment.''.

     SEC. 10. INFORMATION SHARING WITH FINANCIAL REGULATORS.

       Section 1112(e) of the Right to Financial Privacy Act (12 
     U.S.C. 3412(e)) is amended by inserting ``the Federal Trade 
     Commission,'' after ``the Securities and Exchange 
     Commission,''.

     SEC. 11. AUTHORITY TO ACCEPT REIMBURSEMENTS, GIFTS, AND 
                   VOLUNTARY AND UNCOMPENSATED SERVICES.

       The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is 
     amended--
       (1) by redesignating section 26 as section 28; and
       (2) by inserting after section 25A, as added by section 9 
     of this Act, the following:

     ``SEC. 26. REIMBURSEMENT OF EXPENSES.

       ``The Commission may accept payment or reimbursement, in 
     cash or in kind, from a domestic or foreign law enforcement 
     agency, or payment or reimbursement made on behalf of such 
     agency, for expenses incurred by the Commission, its members, 
     or employees in carrying out any activity pursuant to a 
     statute administered by the Commission without regard to any 
     other provision of law. Any such payments or reimbursements 
     shall be considered a reimbursement to the appropriated funds 
     of the Commission.

     ``SEC. 27. GIFTS AND VOLUNTARY AND UNCOMPENSATED SERVICES.

       ``(a) In General.--In furtherance of its functions the 
     Commission may accept, hold, administer, and use 
     unconditional gifts, donations, and bequests of real, 
     personal, and other property and, notwithstanding section 
     1342 of title 31, United States Code, accept voluntary and 
     uncompensated services.
       ``(b) Limitations.--
       ``(1) Conflicts of interest.--The Commission shall 
     establish written guidelines setting forth criteria to be 
     used in determining whether the acceptance, holding, 
     administration, or use of a gift, donation, or bequest 
     pursuant to subsection (a) would reflect unfavorably upon the 
     ability of the Commission or any employee to carry out its 
     responsibilities or official duties in a fair and objective 
     manner, or would compromise the integrity or the appearance 
     of the integrity of its programs or any official involved in 
     those programs.
       ``(2) Voluntary services.--A person who provides voluntary 
     and uncompensated service under subsection (a) shall be 
     considered a Federal employee for purposes of--
       ``(A) chapter 81 of title 5, United States Code, (relating 
     to compensation for injury); and
       ``(B) the provisions of law relating to ethics, conflicts 
     of interest, corruption, and any other criminal or civil 
     statute or regulation governing the standards of conduct for 
     Federal employees.
       ``(3) Tort liability of volunteers.--A person who provides 
     voluntary and uncompensated service under subsection (a), 
     while assigned to duty, shall be deemed a volunteer of a 
     nonprofit organization or governmental entity for purposes of 
     the Volunteer Protection Act of 1997 (42 U.S.C. 14501 et 
     seq.). Subsection (d) of section 4 of such Act (42 U.S.C. 
     14503(d)) shall not apply for purposes of any claim against 
     such volunteer.''.

     SEC. 12. PRESERVATION OF EXISTING AUTHORITY.

       The authority provided by this Act, and by the Federal 
     Trade Commission Act (15 U.S.C. 41 et seq.) and the Right to 
     Financial Privacy Act (12 U.S.C. 3401 et seq.), as such Acts 
     are amended by this Act, is in addition to, and not in lieu 
     of, any other authority vested in the Federal Trade 
     Commission or any other officer of the United States.

     SEC. 13. REPORT.

       Not later than 3 years after the date of enactment of this 
     Act, the Federal Trade Commission shall transmit to Congress 
     a report describing its use of and experience with the 
     authority granted by this Act, along with any recommendations 
     for additional legislation. The report shall include--
       (1) the number of cross-border complaints received by the 
     Commission;
       (2) identification of the foreign agencies to which the 
     Commission has provided nonpublic investigative information 
     under this Act;
       (3) the number of times the Commission has used compulsory 
     process on behalf of foreign law enforcement agencies 
     pursuant to section 6 of the Federal Trade Commission Act (15 
     U.S.C. 46), as amended by section 4 of this Act;
       (4) a list of international agreements and memoranda of 
     understanding executed by the Commission that relate to this 
     Act;
       (5) the number of times the Commission has sought delay of 
     notice pursuant to section 21A of the Federal Trade 
     Commission Act, as added by section 7 of this Act;
       (6) a description of the types of information private 
     entities have provided voluntarily pursuant to section 21B of 
     the Federal Trade Commission Act, as added by section 8 of 
     this Act;
       (7) a description of the results of cooperation with 
     foreign law enforcement agencies under section 21 of the 
     Federal Trade Commission Act (15 U.S.C. 57-2) as amended by 
     section 6 of this Act;
       (8) an analysis of whether the lack of an exemption from 
     the disclosure requirements of section 552 of title 5, United 
     States Code, with regard to information or material 
     voluntarily provided relevant to possible unfair or deceptive 
     acts or practices, has hindered the Commission in 
     investigating or engaging in enforcement proceedings against 
     such practices; and
       (9) a description of Commission litigation brought in 
     foreign courts.

     SEC. 14. REAUTHORIZATION.

       The text of section 25 of the Federal Trade Commission Act 
     (15 U.S.C. 57c) is amended to read as follows:
       ``There are authorized to be appropriated to carry out the 
     functions, powers, and duties of the Commission not to exceed 
     $224,695,000 for fiscal year 2005, $235,457,000 for fiscal 
     year 2006, $249,000,000 for fiscal year 2007, and 
     $264,000,000 for fiscal year 2008.''.
                                 ______
                                 
  SA 3663. Mr. FRIST (for Mrs. Feinstein (for herself, Mr. Domenici, 
and Mr. Bingaman)) proposed an amendment to the bill H.R. 2828, to 
authorize the Secretary of the Interior to implement water supply 
technology and infrastructure programs aimed at increasing and 
diversifying domestic water resources; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Water 
     Supply, Reliability, and Environmental Improvement Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

    TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Bay Delta program.
Sec. 104. Management.
Sec. 105. Reporting requirements.
Sec. 106. Crosscut budget.
Sec. 107. Federal share of costs.
Sec. 108. Compliance with State and Federal law.
Sec. 109. Authorization of appropriation.

                        TITLE II--MISCELLANEOUS

Sec. 201. Salton Sea study program.
Sec. 202. Alder Creek water storage and conservation project 
              feasibility study and report.
Sec. 203. Folsom Reservoir temperature control device authorization.

    TITLE I--CALIFORNIA WATER SECURITY AND ENVIRONMENTAL ENHANCEMENT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Calfed Bay-Delta 
     Authorization Act''.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) Calfed bay-delta program.--The terms ``Calfed Bay-Delta 
     Program'' and ``Program'' mean the programs, projects, 
     complementary actions, and activities undertaken through 
     coordinated planning, implementation, and assessment 
     activities of the State agencies and Federal agencies as set 
     forth in the Record of Decision.
       (2) California bay-delta authority.--The terms ``California 
     Bay-Delta Authority'' and ``Authority'' mean the California 
     Bay-Delta Authority, as set forth in the California Bay-Delta 
     Authority Act (Cal. Water Code Sec. 79400 et seq.).
       (3) Delta.--The term ``Delta'' has the meaning given the 
     term in the Record of Decision.
       (4) Environmental water account.--The term ``Environmental 
     Water Account'' means the Cooperative Management Program 
     established under the Record of Decision.
       (5) Federal agencies.--The term ``Federal agencies'' 
     means--
       (A) the Department of the Interior, including--
       (i) the Bureau of Reclamation;
       (ii) the United States Fish and Wildlife Service;
       (iii) the Bureau of Land Management; and
       (iv) the United States Geological Survey;
       (B) the Environmental Protection Agency;
       (C) the Army Corps of Engineers;
       (D) the Department of Commerce, including the National 
     Marine Fisheries Service (also known as ``NOAA Fisheries'');
       (E) the Department of Agriculture, including--
       (i) the Natural Resources Conservation Service; and
       (ii) the Forest Service; and
       (F) the Western Area Power Administration.
       (6) Firm yield.--The term ``firm yield'' means a quantity 
     of water from a project or program that is projected to be 
     available on a reliable basis, given a specified level of 
     risk, during a critically dry period.
       (7) Governor.--The term ``Governor'' means the Governor of 
     the State of California.
       (8) Record of decision.--The term ``Record of Decision'' 
     means the Calfed Bay-Delta Program Record of Decision, dated 
     August 28, 2000.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (10) State.--The term ``State'' means the State of 
     California.
       (11) State agencies.--The term ``State agencies'' means--
       (A) the Resources Agency of California, including--

[[Page S9300]]

       (i) the Department of Water Resources;
       (ii) the Department of Fish and Game;
       (iii) the Reclamation Board;
       (iv) the Delta Protection Commission;
       (v) the Department of Conservation;
       (vi) the San Francisco Bay Conservation and Development 
     Commission;
       (vii) the Department of Parks and Recreation; and
       (viii) the California Bay-Delta Authority;
       (B) the California Environmental Protection Agency, 
     including the State Water Resources Control Board;
       (C) the California Department of Food and Agriculture; and
       (D) the Department of Health Services.

     SEC. 103. BAY DELTA PROGRAM.

       (a) In General.--
       (1) Record of decision as general framework.--The Record of 
     Decision is approved as a general framework for addressing 
     the Calfed Bay-Delta Program, including its components 
     relating to water storage, ecosystem restoration, water 
     supply reliability (including new firm yield), conveyance, 
     water use efficiency, water quality, water transfers, 
     watersheds, the Environmental Water Account, levee stability, 
     governance, and science.
       (2) Requirements.--
       (A) In general.--The Secretary and the heads of the Federal 
     agencies are authorized to carry out the activities described 
     in subsections (c) through (f) consistent with--
       (i) the Record of Decision;
       (ii) the requirement that Program activities consisting of 
     protecting drinking water quality, restoring ecological 
     health, improving water supply reliability (including 
     additional storage, conveyance, and new firm yield), and 
     protecting Delta levees will progress in a balanced manner; 
     and
       (iii) this title.
       (B) Multiple benefits.--In selecting activities and 
     projects, the Secretary and the heads of the Federal agencies 
     shall consider whether the activities and projects have 
     multiple benefits.
       (b) Authorized Activities.--The Secretary and the heads of 
     the Federal agencies are authorized to carry out the 
     activities described in subsections (c) through (f) in 
     furtherance of the Calfed Bay-Delta Program as set forth in 
     the Record of Decision, subject to the cost-share and other 
     provisions of this title, if the activity has been--
       (1) subject to environmental review and approval, as 
     required under applicable Federal and State law; and
       (2) approved and certified by the relevant Federal agency, 
     following consultation and coordination with the Governor, to 
     be consistent with the Record of Decision.
       (c) Authorizations for Federal Agencies Under Applicable 
     Law.--
       (1) Secretary of the interior.--The Secretary of the 
     Interior is authorized to carry out the activities described 
     in paragraphs (1) through (10) of subsection (d), to the 
     extent authorized under the reclamation laws, the Central 
     Valley Project Improvement Act (title XXXIV of Public Law 
     102-575; 106 Stat. 4706), the Fish and Wildlife Coordination 
     Act (16 U.S.C. 661 et seq.), the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.), and other applicable law.
       (2) Administrator of the environmental protection agency.--
     The Administrator of the Environmental Protection Agency is 
     authorized to carry out the activities described in 
     paragraphs (3), (5), (6), (7), (8), and (9) of subsection 
     (d), to the extent authorized under the Federal Water 
     Pollution Control Act (33 U.S.C. 1251 et seq.), the Safe 
     Drinking Water Act (42 U.S.C. 300f et seq.), and other 
     applicable law.
       (3) Secretary of the army.--The Secretary of the Army is 
     authorized to carry out the activities described in 
     paragraphs (1), (2), (6), (7), (8), and (9) of subsection 
     (d), to the extent authorized under flood control, water 
     resource development, and other applicable law.
       (4) Secretary of commerce.--The Secretary of Commerce is 
     authorized to carry out the activities described in 
     paragraphs (2), (6), (7), and (9) of subsection (d), to the 
     extent authorized under the Fish and Wildlife Coordination 
     Act (16 U.S.C. 661 et seq.), the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.), and other applicable law.
       (5) Secretary of agriculture.--The Secretary of Agriculture 
     is authorized to carry out the activities described in 
     paragraphs (3), (5), (6), (7), (8), and (9) of subsection 
     (d), to the extent authorized under title XII of the Food 
     Security Act of 1985 (16 U.S.C. 3801 et seq.), the Farm 
     Security and Rural Investment Act of 2002 (Public Law 107-
     171; 116 Stat. 134) (including amendments made by that Act), 
     and other applicable law.
       (d) Description of Activities Under Applicable Law.--
       (1) Water storage.--
       (A) In general.--Activities under this paragraph consist 
     of--
       (i) planning and feasibility studies for projects to be 
     pursued with project-specific study for enlargement of--

       (I) the Shasta Dam in Shasta County; and
       (II) the Los Vaqueros Reservoir in Contra Costa County;

       (ii) planning and feasibility studies for the following 
     projects requiring further consideration--

       (I) the Sites Reservoir in Colusa County; and
       (II) the Upper San Joaquin River storage in Fresno and 
     Madera Counties;

       (iii) developing and implementing groundwater management 
     and groundwater storage projects; and
       (iv) comprehensive water management planning.
       (B) Storage project authorization and balanced calfed 
     implementation.--
       (i) In general.--If on completion of the feasibility study 
     for a project described in clause (i) or (ii) of subparagraph 
     (A), the Secretary, in consultation with the Governor, 
     determines that the project should be constructed in whole or 
     in part with Federal funds, the Secretary shall submit the 
     feasibility study to Congress.
       (ii) Finding of imbalance.--If Congress fails to authorize 
     construction of the project by the end of the next full 
     session following the submission of the feasibility study, 
     the Secretary, in consultation with the Governor, shall 
     prepare a written determination making a finding of imbalance 
     for the Calfed Bay-Delta Program.
       (iii) Report on rebalancing.--

       (I) In general.--If the Secretary makes a finding of 
     imbalance for the Program under clause (ii), the Secretary, 
     in consultation with the Governor, shall, not later than 180 
     days after the end of the full session described in clause 
     (ii), prepare and submit to Congress a report on the measures 
     necessary to rebalance the Program.
       (II) Schedules and alternatives.--The report shall include 
     preparation of revised schedules and identification of 
     alternatives to rebalance the Program, including resubmission 
     of the project to Congress with or without modification, 
     construction of other projects, and construction of other 
     projects that provide equivalent water supply and other 
     benefits at equal or lesser cost.

       (C) Water supply and yield study.--
       (i) In general.--The Secretary, acting through the Bureau 
     of Reclamation and in coordination with the State, shall 
     conduct a study of available water supplies and existing and 
     future needs for water--

       (I) within the units of the Central Valley Project;
       (II) within the area served by Central Valley Project 
     agricultural, municipal, and industrial water service 
     contractors; and
       (III) within the Calfed Delta solution area.

       (ii) Relationship to prior study.--In conducting the study, 
     the Secretary shall incorporate and revise, as necessary, the 
     results of the study required by section 3408(j) of the 
     Central Valley Project Improvement Act of 1992 (Public Law 
     102-575; 106 Stat. 4730).
       (iii) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate authorizing and appropriating committees of the 
     Senate and the House of Representatives a report describing 
     the results of the study, including--

       (I) new firm yield and water supply improvements, if any, 
     for Central Valley Project agricultural water service 
     contractors and municipal and industrial water service 
     contractors, including those identified in Bulletin 160;
       (II) all water management actions or projects, including 
     those identified in Bulletin 160, that would--

       (aa) improve firm yield or water supply; and
       (bb) if taken or constructed, balance available water 
     supplies and existing demand with due recognition of water 
     right priorities and environmental needs;

       (III) the financial costs of the actions and projects 
     described under subclause (II); and
       (IV) the beneficiaries of those actions and projects and an 
     assessment of the willingness of the beneficiaries to pay the 
     capital costs and operation and maintenance costs of the 
     actions and projects.

       (D) Management.--The Secretary shall conduct activities 
     related to developing groundwater storage projects to the 
     extent authorized under law.
       (E) Comprehensive water planning.--The Secretary shall 
     conduct activities related to comprehensive water management 
     planning to the extent authorized under law.
       (2) Conveyance.--
       (A) South delta actions.--
       (i) In general.--In the case of the South Delta, activities 
     under this subparagraph consist of--

       (I) the South Delta Improvements Program through actions 
     to--

       (aa) increase the State Water Project export limit to 8,500 
     cfs;
       (bb) install permanent, operable barriers in the South 
     Delta, under which Federal agencies shall cooperate with the 
     State to accelerate installation of the permanent, operable 
     barriers in the South Delta, with an intent to complete that 
     installation not later than September 30, 2007;
       (cc) evaluate, consistent with the Record of Decision, fish 
     screens and intake facilities at the Tracy Pumping Plant 
     facilities; and
       (dd) increase the State Water Project export to the maximum 
     capability of 10,300 cfs;

       (II) reduction of agricultural drainage in South Delta 
     channels, and other actions necessary to minimize the impact 
     of drainage on drinking water quality;
       (III) evaluation of lower San Joaquin River floodway 
     improvements;
       (IV) installation and operation of temporary barriers in 
     the South Delta until fully operable barriers are 
     constructed; and
       (V) actions to protect navigation and local diversions not 
     adequately protected by temporary barriers.

       (ii) Actions to increase pumping.--Actions to increase 
     pumping shall be accomplished in a manner consistent with the 
     Record of Decision requirement to avoid redirected impacts 
     and adverse impacts to

[[Page S9301]]

     fishery protection and with any applicable Federal or State 
     law that protects--

       (I) water diversions and use (including avoidance of 
     increased costs of diversion) by in-Delta water users 
     (including in-Delta agricultural users that have historically 
     relied on water diverted for use in the Delta);
       (II) water quality for municipal, industrial, agricultural, 
     and other uses; and
       (III) water supplies for areas of origin.

       (B) North delta actions.--In the case of the North Delta, 
     activities under this subparagraph consist of--
       (i) evaluation and implementation of improved operational 
     procedures for the Delta Cross Channel to address fishery and 
     water quality concerns;
       (ii) evaluation of a screened through-Delta facility on the 
     Sacramento River; and
       (iii) evaluation of lower Mokelumne River floodway 
     improvements.
       (C) Interties.--Activities under this subparagraph consist 
     of--
       (i) evaluation and construction of an intertie between the 
     State Water Project California Aqueduct and the Central 
     Valley Project Delta Mendota Canal, near the City of Tracy, 
     as an operation and maintenance activity, except that the 
     Secretary shall design and construct the intertie in a manner 
     consistent with a possible future expansion of the intertie 
     capacity (as described in subsection (f)(1)(B)); and
       (ii) assessment of a connection of the Central Valley 
     Project to the Clifton Court Forebay of the State Water 
     Project, with a corresponding increase in the screened intake 
     of the Forebay.
       (D) Program to meet standards.--
       (i) In general.--Prior to increasing export limits from the 
     Delta for the purposes of conveying water to south-of-Delta 
     Central Valley Project contractors or increasing deliveries 
     through an intertie, the Secretary shall, not later than 1 
     year after the date of enactment of this Act, in consultation 
     with the Governor, develop and initiate implementation of a 
     program to meet all existing water quality standards and 
     objectives for which the Central Valley Project has 
     responsibility.
       (ii) Measures.--In developing and implementing the program, 
     the Secretary shall include, to the maximum extent feasible, 
     the measures described in clauses (iii) through (vii).
       (iii) Recirculation program.--The Secretary shall 
     incorporate into the program a recirculation program to 
     provide flow, reduce salinity concentrations in the San 
     Joaquin River, and reduce the reliance on the New Melones 
     Reservoir for meeting water quality and fishery flow 
     objectives through the use of excess capacity in export 
     pumping and conveyance facilities.
       (iv) Best management practices plan.--

       (I) In general.--The Secretary shall develop and implement, 
     in coordination with the State's programs to improve water 
     quality in the San Joaquin River, a best management practices 
     plan to reduce the water quality impacts of the discharges 
     from wildlife refuges that receive water from the Federal 
     Government and discharge salt or other constituents into the 
     San Joaquin River.
       (II) Coordination with interested parties.--The plan shall 
     be developed in coordination with interested parties in the 
     San Joaquin Valley and the Delta.
       (III) Coordination with entities that discharge water.--The 
     Secretary shall also coordinate activities under this clause 
     with other entities that discharge water into the San Joaquin 
     River to reduce salinity concentrations discharged into the 
     River, including the timing of discharges to optimize their 
     assimilation.

       (v) Acquisition of water.--The Secretary shall incorporate 
     into the program the acquisition from willing sellers of 
     water from streams tributary to the San Joaquin River or 
     other sources to provide flow, dilute discharges of salt or 
     other constituents, and to improve water quality in the San 
     Joaquin River below the confluence of the Merced and San 
     Joaquin Rivers, and to reduce the reliance on New Melones 
     Reservoir for meeting water quality and fishery flow 
     objectives.
       (vi) Purpose.--The purpose of the authority and direction 
     provided to the Secretary under this subparagraph is to 
     provide greater flexibility in meeting the existing water 
     quality standards and objectives for which the Central Valley 
     Project has responsibility so as to reduce the demand on 
     water from New Melones Reservoir used for that purpose and to 
     assist the Secretary in meeting any obligations to Central 
     Valley Project contractors from the New Melones Project.
       (vii) Updating of new melones operating plan.--The 
     Secretary shall update the New Melones operating plan to take 
     into account, among other things, the actions described in 
     this title that are designed to reduce the reliance on New 
     Melones Reservoir for meeting water quality and fishery flow 
     objectives, and to ensure that actions to enhance fisheries 
     in the Stanislaus River are based on the best available 
     science.
       (3) Water use efficiency.--
       (A) Water conservation projects.--Activities under this 
     paragraph include water conservation projects that provide 
     water supply reliability, water quality, and ecosystem 
     benefits to the California Bay-Delta system.
       (B) Technical assistance.--Activities under this paragraph 
     include technical assistance for urban and agricultural water 
     conservation projects.
       (C) Water recycling and desalination projects.--Activities 
     under this paragraph include water recycling and desalination 
     projects, including groundwater remediation projects and 
     projects identified in the Bay Area Water Plan and the 
     Southern California Comprehensive Water Reclamation and Reuse 
     Study and other projects, giving priority to projects that 
     include regional solutions to benefit regional water supply 
     and reliability needs.
       (D) Water measurement and transfer actions.--Activities 
     under this paragraph include water measurement and transfer 
     actions.
       (E) Urban water conservation.--Activities under this 
     paragraph include implementation of best management practices 
     for urban water conservation.
       (F) Reclamation and recycling projects.--
       (i) Projects.--This subparagraph applies to--

       (I) projects identified in the Southern California 
     Comprehensive Water Reclamation and Reuse Study, dated April 
     2001 and authorized by section 1606 of the Reclamation 
     Wastewater and Groundwater Study and Facilities Act (43 
     U.S.C. 390h-4); and
       (II) projects identified in the San Francisco Bay Area 
     Regional Water Recycling Program described in the San 
     Francisco Bay Area Regional Water Recycling Program Recycled 
     Water Master Plan, dated December 1999 and authorized by 
     section 1611 of the Reclamation Wastewater and Groundwater 
     Study and Facilities Act (43 U.S.C. 390h-9).

       (ii) Deadline.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall--

       (I) complete the review of the existing studies of the 
     projects described in clause (i); and
       (II) make the feasibility determinations described in 
     clause (iii).

       (iii) Feasibility determinations.--A project described in 
     clause (i) is presumed to be feasible if the Secretary 
     determines for the project--

       (I) in consultation with the affected local sponsoring 
     agency and the State, that the existing planning and 
     environmental studies for the project (together with 
     supporting materials and documentation) have been prepared 
     consistent with Bureau of Reclamation procedures for projects 
     under consideration for financial assistance under the 
     Reclamation Wastewater and Groundwater Study and Facilities 
     Act (43 U.S.C. 390h et seq.); and
       (II) that the planning and environmental studies for the 
     project (together with supporting materials and 
     documentation) demonstrate that the project will contribute 
     to the goals of improving water supply reliability in the 
     Calfed solution area or the Colorado River Basin within the 
     State and otherwise meets the requirements of section 1604 of 
     the Reclamation Wastewater and Groundwater Study and 
     Facilities Act (43 U.S.C. 390h-2).

       (iv) Report.--Not later than 90 days after the date of 
     completion of a feasibility study or the review of a 
     feasibility study under this subparagraph, the Secretary 
     shall submit to the appropriate authorizing and appropriating 
     committees of the Senate and the House of Representatives a 
     report describing the results of the study or review.
       (4) Water transfers.--Activities under this paragraph 
     consist of--
       (A) increasing the availability of existing facilities for 
     water transfers;
       (B) lowering transaction costs through permit streamlining; 
     and
       (C) maintaining a water transfer information clearinghouse.
       (5) Integrated regional water management plans.--Activities 
     under this paragraph consist of assisting local and regional 
     communities in the State in developing and implementing 
     integrated regional water management plans to carry out 
     projects and programs that improve water supply reliability, 
     water quality, ecosystem restoration, and flood protection, 
     or meet other local and regional needs, in a manner that is 
     consistent with, and makes a significant contribution to, the 
     Calfed Bay-Delta Program.
       (6) Ecosystem restoration.--
       (A) In general.--Activities under this paragraph consist 
     of--
       (i) implementation of large-scale restoration projects in 
     San Francisco Bay and the Delta and its tributaries;
       (ii) restoration of habitat in the Delta, San Pablo Bay, 
     and Suisun Bay and Marsh, including tidal wetland and 
     riparian habitat;
       (iii) fish screen and fish passage improvement projects, 
     including the Sacramento River Small Diversion Fish Screen 
     Program;
       (iv) implementation of an invasive species program, 
     including prevention, control, and eradication;
       (v) development and integration of Federal and State 
     agricultural programs that benefit wildlife into the 
     Ecosystem Restoration Program;
       (vi) financial and technical support for locally-based 
     collaborative programs to restore habitat while addressing 
     the concerns of local communities;
       (vii) water quality improvement projects to manage or 
     reduce concentrations of salinity, selenium, mercury, 
     pesticides, trace metals, dissolved oxygen, turbidity, 
     sediment, and other pollutants;
       (viii) land and water acquisitions to improve habitat and 
     fish spawning and survival in the Delta and its tributaries;
       (ix) integrated flood management, ecosystem restoration, 
     and levee protection projects;

[[Page S9302]]

       (x) scientific evaluations and targeted research on Program 
     activities; and
       (xi) strategic planning and tracking of Program 
     performance.
       (B) Reporting requirements.--The Secretary or the head of 
     the relevant Federal agency (as appropriate under clause 
     (ii)) shall provide to the appropriate authorizing committees 
     of the Senate and the House of Representatives and other 
     appropriate parties in accordance with this subparagraph--
       (i) an annual ecosystem program plan report in accordance 
     with subparagraph (C); and
       (ii) detailed project reports in accordance with 
     subparagraph (D).
       (C) Annual ecosystem program plan.--
       (i) In general.--Not later than October 1 of each year, 
     with respect to each ecosystem restoration action carried out 
     using Federal funds under this title, the Secretary, in 
     consultation with the Governor, shall submit to the 
     appropriate authorizing committees of the Senate and the 
     House of Representatives an annual ecosystem program plan 
     report.
       (ii) Purposes.--The purposes of the report are--

       (I) to describe the projects and programs to implement this 
     subsection in the following fiscal year; and
       (II) to establish priorities for funding the projects and 
     programs for subsequent fiscal years.

       (iii) Contents.--The report shall describe--

       (I) the goals and objectives of the programs and projects;
       (II) program accomplishments;
       (III) major activities of the programs;
       (IV) the Federal agencies involved in each project or 
     program identified in the plan and the cost-share 
     arrangements with cooperating agencies;
       (V) the resource data and ecological monitoring data to be 
     collected for the restoration projects and how the data are 
     to be integrated, streamlined, and designed to measure the 
     effectiveness and overall trend of ecosystem health in the 
     Bay-Delta watershed;
       (VI) implementation schedules and budgets;
       (VII) existing monitoring programs and performance 
     measures;
       (VIII) the status and effectiveness of measures to minimize 
     the impacts of the program on agricultural land; and
       (IX) a description of expected benefits of the restoration 
     program relative to the cost.

       (iv) Special rule for land acquisition using federal 
     funds.--For each ecosystem restoration project involving land 
     acquisition using Federal funds under this title, the 
     Secretary shall--

       (I) identify the specific parcels to be acquired in the 
     annual ecosystem program plan report under this subparagraph; 
     or
       (II) not later than 150 days before the project is 
     approved, provide to the appropriate authorizing committees 
     of the Senate and the House of Representatives, the United 
     States Senators from the State, and the United States 
     Representative whose district would be affected, notice of 
     any such proposed land acquisition using Federal funds under 
     this title submitted to the Federal or State agency.

       (D) Detailed project reports.--
       (i) In general.--In the case of each ecosystem restoration 
     program or project funded under this title that is not 
     specifically identified in an annual ecosystem program plan 
     under subparagraph (C), not later than 45 days prior to 
     approval, the Secretary, in coordination with the State, 
     shall submit to the appropriate authorizing committees of the 
     Senate and the House of Representatives recommendations on 
     the proposed program or project.
       (ii) Contents.--The recommendations shall--

       (I) describe the selection of the program or project, 
     including the level of public involvement and independent 
     science review;
       (II) describe the goals, objectives, and implementation 
     schedule of the program or project, and the extent to which 
     the program or project addresses regional and programmatic 
     goals and priorities;
       (III) describe the monitoring plans and performance 
     measures that will be used for evaluating the performance of 
     the proposed program or project;
       (IV) identify any cost-sharing arrangements with 
     cooperating entities;
       (V) identify how the proposed program or project will 
     comply with all applicable Federal and State laws, including 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.); and
       (VI) in the case of any program or project involving the 
     acquisition of private land using Federal funds under this 
     title--

       (aa) describe the process and timing of notification of 
     interested members of the public and local governments;
       (bb) describe the measures taken to minimize impacts on 
     agricultural land pursuant to the Record of Decision; and
       (cc) include preliminary management plans for all 
     properties to be acquired with Federal funds, including an 
     overview of existing conditions (including habitat types in 
     the affected project area), the expected ecological benefits, 
     preliminary cost estimates, and implementation schedules.
       (7) Watersheds.--Activities under this paragraph consist 
     of--
       (A) building local capacity to assess and manage watersheds 
     affecting the Delta system;
       (B) technical assistance for watershed assessments and 
     management plans; and
       (C) developing and implementing locally-based watershed 
     conservation, maintenance, and restoration actions.
       (8) Water quality.--Activities under this paragraph consist 
     of--
       (A) addressing drainage problems in the San Joaquin Valley 
     to improve downstream water quality (including habitat 
     restoration projects that improve water quality) if--
       (i) a plan is in place for monitoring downstream water 
     quality improvements; and
       (ii) State and local agencies are consulted on the 
     activities to be funded;
     except that no right, benefit, or privilege is created as a 
     result of this subparagraph;
       (B) implementation of source control programs in the Delta 
     and its tributaries;
       (C) developing recommendations through scientific panels 
     and advisory council processes to meet the Calfed Bay-Delta 
     Program goal of continuous improvement in Delta water quality 
     for all uses;
       (D) investing in treatment technology demonstration 
     projects;
       (E) controlling runoff into the California aqueduct, the 
     Delta-Mendota Canal, and other similar conveyances;
       (F) addressing water quality problems at the North Bay 
     Aqueduct;
       (G) supporting and participating in the development of 
     projects to enable San Francisco Bay Area water districts, 
     and water entities in San Joaquin and Sacramento Counties, to 
     work cooperatively to address their water quality and supply 
     reliability issues, including--
       (i) connections between aqueducts, water transfers, water 
     conservation measures, institutional arrangements, and 
     infrastructure improvements that encourage regional 
     approaches; and
       (ii) investigations and studies of available capacity in a 
     project to deliver water to the East Bay Municipal Utility 
     District under its contract with the Bureau of Reclamation, 
     dated July 20, 2001, in order to determine if such capacity 
     can be utilized to meet the objectives of this subparagraph;
       (H) development of water quality exchanges and other 
     programs to make high quality water available for urban and 
     other users;
       (I) development and implementation of a plan to meet all 
     Delta water quality standards for which the Federal and State 
     water projects have responsibility;
       (J) development of recommendations through science panels 
     and advisory council processes to meet the Calfed Bay-Delta 
     Program goal of continuous improvement in water quality for 
     all uses; and
       (K) projects that are consistent with the framework of the 
     water quality component of the Calfed Bay-Delta Program.
       (9) Science.--Activities under this paragraph consist of--
       (A) supporting establishment and maintenance of an 
     independent science board, technical panels, and standing 
     boards to provide oversight and peer review of the Program;
       (B) conducting expert evaluations and scientific 
     assessments of all Program elements;
       (C) coordinating existing monitoring and scientific 
     research programs;
       (D) developing and implementing adaptive management 
     experiments to test, refine, and improve scientific 
     understandings;
       (E) establishing performance measures, and monitoring and 
     evaluating the performance of all Program elements; and
       (F) preparing an annual science report.
       (10) Diversification of water supplies.--Activities under 
     this paragraph consist of actions to diversify sources of 
     level 2 refuge supplies and modes of delivery to refuges 
     while maintaining the diversity of level 4 supplies pursuant 
     to section 3406(d)(2) of the Central Valley Project 
     Improvement Act (Public Law 102-575; 106 Stat. 4723).
       (e) New and Expanded Authorizations for Federal Agencies.--
       (1) In general.--The heads of the Federal agencies 
     described in this subsection are authorized to carry out the 
     activities described in subsection (f) during each of fiscal 
     years 2005 through 2010, in coordination with the Governor.
       (2) Secretary of the interior.--The Secretary of the 
     Interior is authorized to carry out the activities described 
     in paragraphs (1), (2), and (4) of subsection (f).
       (3) Administrator of the environmental protection agency 
     and the secretaries of agriculture and commerce.--The 
     Administrator of the Environmental Protection Agency, the 
     Secretary of Agriculture, and the Secretary of Commerce are 
     authorized to carry out the activities described in 
     subsection (f)(4).
       (4) Secretary of the army.--The Secretary of the Army is 
     authorized to carry out the activities described in 
     paragraphs (3) and (4) of subsection (f).
       (f) Description of Activities Under New and Expanded 
     Authorizations.--
       (1) Conveyance.--Of the amounts authorized to be 
     appropriated under section 109, not more than $184,000,000 
     may be expended for the following:
       (A) San luis reservoir.--Funds may be expended for 
     feasibility studies, evaluation, and implementation of the 
     San Luis Reservoir lowpoint improvement project, except that 
     Federal participation in any construction of an expanded 
     Pacheco Reservoir shall be subject to future congressional 
     authorization.
       (B) Intertie.--Funds may be expended for feasibility 
     studies and evaluation of increased capacity of the intertie 
     between the State Water Project California Aqueduct and

[[Page S9303]]

     the Central Valley Project Delta Mendota Canal.
       (C) Franks tract.--Funds may be expended for feasibility 
     studies and actions at Franks Tract to improve water quality 
     in the Delta.
       (D) Clifton court forebay and the tracy pumping plant.--
     Funds may be expended for feasibility studies and design of 
     fish screen and intake facilities at Clifton Court Forebay 
     and the Tracy Pumping Plant facilities.
       (E) Drinking water intake facilities.--
       (i) In general.--Funds may be expended for design and 
     construction of the relocation of drinking water intake 
     facilities to in-Delta water users.
       (ii) Drinking water quality.--The Secretary shall 
     coordinate actions for relocating intake facilities on a time 
     schedule consistent with subsection (d)(2)(A)(i)(I)(bb) or 
     take other actions necessary to offset the degradation of 
     drinking water quality in the Delta due to the South Delta 
     Improvement Program.
       (F) New melones reservoir.--
       (i) In general.--In addition to the other authorizations 
     granted to the Secretary by this title, the Secretary shall 
     acquire water from willing sellers and undertake other 
     actions designed to decrease releases from the New Melones 
     Reservoir for meeting water quality standards and flow 
     objectives for which the Central Valley Project has 
     responsibility to assist in meeting allocations to Central 
     Valley Project contractors from the New Melones Project.
       (ii) Purpose.--The authorization under this subparagraph is 
     solely meant to add flexibility for the Secretary to meet any 
     obligations of the Secretary to the Central Valley Project 
     contractors from the New Melones Project by reducing demand 
     for water dedicated to meeting water quality standards in the 
     San Joaquin River.
       (iii) Funding.--Of the amounts authorized to be 
     appropriated under section 109, not more than $30,000,000 may 
     be expended to carry out clause (i).
       (G) Recirculation of export water.--Funds may be used to 
     conduct feasibility studies, evaluate, and, if feasible, 
     implement the recirculation of export water to reduce 
     salinity and improve dissolved oxygen in the San Joaquin 
     River.
       (2) Environmental water account.--
       (A) In general.--Of the amounts authorized to be 
     appropriated under section 109, not more than $90,000,000 may 
     be expended for implementation of the Environmental Water 
     Account.
       (B) Nonreimbursable federal expenditure.--Expenditures 
     under subparagraph (A) shall be considered a nonreimbursable 
     Federal expenditure in recognition of the payments of the 
     contractors of the Central Valley Project to the Restoration 
     Fund created by the Central Valley Project Improvement Act 
     (Title XXXIV of Public Law 102-575; 106 Stat. 4706).
       (C) Use of restoration fund.--
       (i) In general.--Of the amounts appropriated for the 
     Restoration Fund for each fiscal year, an amount not to 
     exceed $10,000,000 for any fiscal year may be used to 
     implement the Environmental Water Account to the extent those 
     actions are consistent with the fish and wildlife habitat 
     restoration and improvement purposes of the Central Valley 
     Project Improvement Act.
       (ii) Accounting.--Any such use of the Restoration Fund 
     shall count toward the 33 percent of funds made available to 
     the Restoration Fund that, pursuant to section 3407(a) of the 
     Central Valley Project Improvement Act, are otherwise 
     authorized to be appropriated to the Secretary to carry out 
     paragraphs (4) through (6), (10) through (18), and (20) 
     through (22) of section 3406(b) of that Act.
       (iii) Federal funding.--The $10,000,000 limitation on the 
     use of the Restoration Fund for the Environmental Water 
     Account under clause (i) does not limit the appropriate 
     amount of Federal funding for the Environmental Water 
     Account.
       (3) Levee stability.--
       (A) In general.--For purposes of implementing the Calfed 
     Bay-Delta Program within the Delta (as defined in Cal. Water 
     Code  12220)), the Secretary of the Army is authorized to 
     undertake the construction and implementation of levee 
     stability programs or projects for such purposes as flood 
     control, ecosystem restoration, water supply, water 
     conveyance, and water quality objectives.
       (B) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Army shall submit 
     to the appropriate authorizing and appropriating committees 
     of the Senate and the House of Representatives a report that 
     describes the levee stability reconstruction projects and 
     priorities that will be carried out under this title during 
     each of fiscal years 2005 through 2010.
       (C) Small flood control projects.--Notwithstanding the 
     project purpose, the authority granted under section 205 of 
     the Flood Control Act of 1948 (33 U.S.C. 701s) shall apply to 
     each project authorized under this paragraph.
       (D) Projects.--Of the amounts authorized to be appropriated 
     under section 109, not more than $90,000,000 may be expended 
     to--
       (i) reconstruct Delta levees to a base level of protection 
     (also known as the ``Public Law 84-99 standard'');
       (ii) enhance the stability of levees that have particular 
     importance in the system through the Delta Levee Special 
     Improvement Projects Program;
       (iii) develop best management practices to control and 
     reverse land subsidence on Delta islands;
       (iv) develop a Delta Levee Emergency Management and 
     Response Plan that will enhance the ability of Federal, 
     State, and local agencies to rapidly respond to levee 
     emergencies;
       (v) develop a Delta Risk Management Strategy after 
     assessing the consequences of Delta levee failure from 
     floods, seepage, subsidence, and earthquakes;
       (vi) reconstruct Delta levees using, to the maximum extent 
     practicable, dredged materials from the Sacramento River, the 
     San Joaquin River, and the San Francisco Bay in 
     reconstructing Delta levees;
       (vii) coordinate Delta levee projects with flood 
     management, ecosystem restoration, and levee protection 
     projects of the lower San Joaquin River and lower Mokelumne 
     River floodway improvements and other projects under the 
     Sacramento-San Joaquin Comprehensive Study; and
       (viii) evaluate and, if appropriate, rehabilitate the 
     Suisun Marsh levees.
       (4) Program management, oversight, and coordination.--
       (A) In general.--Of the amounts authorized to be 
     appropriated under section 109, not more than $25,000,000 may 
     be expended by the Secretary or the other heads of Federal 
     agencies, either directly or through grants, contracts, or 
     cooperative agreements with agencies of the State, for--
       (i) Program support;
       (ii) Program-wide tracking of schedules, finances, and 
     performance;
       (iii) multiagency oversight and coordination of Program 
     activities to ensure Program balance and integration;
       (iv) development of interagency cross-cut budgets and a 
     comprehensive finance plan to allocate costs in accordance 
     with the beneficiary pays provisions of the Record of 
     Decision;
       (v) coordination of public outreach and involvement, 
     including tribal, environmental justice, and public advisory 
     activities in accordance with the Federal Advisory Committee 
     Act (5 U.S.C. App.); and
       (vi) development of Annual Reports.
       (B) Program-wide activities.--Of the amount referred to in 
     subparagraph (A), not less than 50 percent of the 
     appropriated amount shall be provided to the California Bay-
     Delta Authority to carry out Program-wide management, 
     oversight, and coordination activities.

     SEC. 104. MANAGEMENT.

       (a) Coordination.--In carrying out the Calfed Bay-Delta 
     Program, the Federal agencies shall coordinate their 
     activities with the State agencies.
       (b) Public Participation.--In carrying out the Calfed Bay-
     Delta Program, the Federal agencies shall cooperate with 
     local and tribal governments and the public through an 
     advisory committee established in accordance with the Federal 
     Advisory Committee Act (5 U.S.C. App.) and other appropriate 
     means, to seek input on Program planning and design, 
     technical assistance, and development of peer review science 
     programs.
       (c) Science.--In carrying out the Calfed Bay-Delta Program, 
     the Federal agencies shall seek to ensure, to the maximum 
     extent practicable, that--
       (1) all major aspects of implementing the Program are 
     subjected to credible and objective scientific review; and
       (2) major decisions are based upon the best available 
     scientific information.
       (d) Governance.--
       (1) In general.--In carrying out the Calfed Bay-Delta 
     Program, the Secretary and the Federal agency heads are 
     authorized to participate as nonvoting members of the 
     California Bay-Delta Authority, as established in the 
     California Bay-Delta Authority Act (Cal. Water Code 
     Sec. 79400 et seq.), to the extent consistent with Federal 
     law, for the full duration of the period the Authority 
     continues to be authorized by State law.
       (2) Relationship to federal law and agencies.--Nothing in 
     this subsection shall preempt or otherwise affect any Federal 
     law or limit the statutory authority of any Federal agency.
       (3) California bay-delta authority.--
       (A) Advisory committee.--The California Bay-Delta Authority 
     shall not be considered an advisory committee within the 
     meaning of the Federal Advisory Committee Act (5 U.S.C. 
     App.).
       (B) Financial interest.--The financial interests of the 
     California Bay-Delta Authority shall not be imputed to any 
     Federal official participating in the Authority.
       (C) Ethics requirements.--A Federal official participating 
     in the California Bay-Delta Authority shall remain subject to 
     Federal financial disclosure and conflict of interest laws 
     and shall not be subject to State financial disclosure and 
     conflict of interest laws.
       (e) Environmental Justice.--The Federal agencies, 
     consistent with Executive Order 12898 (59 Fed. Reg. 7629), 
     should continue to collaborate with State agencies to--
       (1) develop a comprehensive environmental justice workplan 
     for the Calfed Bay-Delta Program; and
       (2) fulfill the commitment to addressing environmental 
     justice challenges referred to in the Calfed Bay-Delta 
     Program Environmental Justice Workplan, dated December 13, 
     2000.
       (f) Land Acquisition.--Federal funds appropriated by 
     Congress specifically for implementation of the Calfed Bay-
     Delta Program may be used to acquire fee title to land

[[Page S9304]]

     only where consistent with the Record of Decision.

     SEC. 105. REPORTING REQUIREMENTS.

       (a) Report.--
       (1) In general.--Not later than February 15 of each year, 
     the Secretary, in cooperation with the Governor, shall submit 
     to the appropriate authorizing and appropriating committees 
     of the Senate and the House of Representatives a report 
     that--
       (A) describes the status of implementation of all 
     components of the Calfed Bay-Delta Program;
       (B) sets forth any written determination resulting from the 
     review required under subsection (b) or section 103(d)(1)(B); 
     and
       (C) includes any revised schedule prepared under subsection 
     (b) or section 103(d)(1)(B)(iii)(II).
       (2) Contents.--The report required under paragraph (1) 
     shall describe--
       (A) the progress of the Calfed Bay-Delta Program in meeting 
     the implementation schedule for the Program in a manner 
     consistent with the Record of Decision;
       (B) the status of implementation of all components of the 
     Program;
       (C) expenditures in the past fiscal year for implementing 
     the Program;
       (D) accomplishments during the past fiscal year in 
     achieving the objectives of additional and improved--
       (i) water storage;
       (ii) water quality, including--

       (I) the water quality targets described in section 2.2.9 of 
     the Record of Decision; and
       (II) any pending actions that may affect the ability of the 
     Calfed Bay-Delta Program to achieve those targets and 
     requirements;

       (iii) water use efficiency;
       (iv) ecosystem restoration;
       (v) watershed management;
       (vi) levee system integrity;
       (vii) water transfers;
       (viii) water conveyance;
       (ix) water supply reliability (including new firm yield), 
     including progress in achieving the water supply targets 
     described in section 2.2.4 of the Record of Decision and any 
     pending actions that may affect the ability of the Calfed 
     Bay-Delta Program to achieve those targets; and
       (x) the uses and assets of the environmental water account 
     described in section 2.2.7 of the Record of Decision;
       (E) Program goals, current schedules, and relevant 
     financing agreements, including funding levels necessary to 
     achieve completion of the feasibility studies and 
     environmental documentation for the surface storage projects 
     identified in section 103 by not later than September 30, 
     2008;
       (F) progress on--
       (i) storage projects;
       (ii) conveyance improvements;
       (iii) levee improvements;
       (iv) water quality projects; and
       (v) water use efficiency programs;
       (G) completion of key projects and milestones identified in 
     the Ecosystem Restoration Program, including progress on 
     project effectiveness, monitoring, and accomplishments;
       (H) development and implementation of local programs for 
     watershed conservation and restoration;
       (I) progress in improving water supply reliability and 
     implementing the Environmental Water Account;
       (J) achievement of commitments under the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.) and endangered species 
     law of the State;
       (K) implementation of a comprehensive science program;
       (L) progress toward acquisition of the Federal and State 
     permits (including permits under section 404(a) of the 
     Federal Water Pollution Control Act (33 U.S.C. 1344(a))) for 
     implementation of projects in all identified Program areas;
       (M) progress in achieving benefits in all geographic 
     regions covered by the Program;
       (N) legislative action on--
       (i) water transfer;
       (ii) groundwater management;
       (iii) water use efficiency; and
       (iv) governance;
       (O) the status of complementary actions;
       (P) the status of mitigation measures; and
       (Q) revisions to funding commitments and Program 
     responsibilities.
       (b) Annual Review of Progress and Balance.--
       (1) In general.--Not later than November 15 of each year, 
     the Secretary, in cooperation with the Governor, shall review 
     progress in implementing the Calfed Bay-Delta Program based 
     on--
       (A) consistency with the Record of Decision; and
       (B) balance in achieving the goals and objectives of the 
     Calfed Bay-Delta Program.
       (2) Revised schedule.--If, at the conclusion of each such 
     annual review or if a timely annual review is not undertaken, 
     the Secretary or the Governor determines in writing that 
     either the Program implementation schedule has not been 
     substantially adhered to, or that balanced progress in 
     achieving the goals and objectives of the Program is not 
     occurring, the Secretary and the Governor, in coordination 
     with the Bay-Delta Public Advisory Committee, shall prepare a 
     revised schedule to achieve balanced progress in all Calfed 
     Bay-Delta Program elements consistent with the intent of the 
     Record of Decision.
       (c) Feasibility Studies.--Any feasibility studies completed 
     as a result of this title shall include identification of 
     project benefits and a cost allocation plan consistent with 
     the beneficiaries pay provisions of the Record of Decision.

     SEC. 106. CROSSCUT BUDGET.

       (a) In General.--The President's budget shall include such 
     requests as the President considers necessary and appropriate 
     for the appropriate level of funding for each of the Federal 
     agencies to carry out its responsibilities under the Calfed 
     Bay-Delta Program.
       (b) Requests by Federal Agencies.--The funds shall be 
     requested for the Federal agency with authority and 
     programmatic responsibility for the obligation of the funds, 
     in accordance with subsections (b) through (f) of section 
     103.
       (c) Report.--Not later than 30 days after submission of the 
     budget of the President to Congress, the Director of the 
     Office of Management and Budget, in coordination with the 
     Governor, shall submit to the appropriate authorizing and 
     appropriating committees of the Senate and the House of 
     Representatives a financial report certified by the Secretary 
     containing--
       (1) an interagency budget crosscut report that--
       (A) displays the budget proposed, including any interagency 
     or intra-agency transfer, for each of the Federal agencies to 
     carry out the Calfed Bay-Delta Program for the upcoming 
     fiscal year, separately showing funding requested under both 
     pre-existing authorities and under the new authorities 
     granted by this title; and
       (B) identifies all expenditures since 1998 by the Federal 
     and State governments to achieve the objectives of the Calfed 
     Bay-Delta Program;
       (2) a detailed accounting of all funds received and 
     obligated by all Federal agencies and State agencies 
     responsible for implementing the Calfed Bay-Delta Program 
     during the previous fiscal year;
       (3) a budget for the proposed projects (including a 
     description of the project, authorization level, and project 
     status) to be carried out in the upcoming fiscal year with 
     the Federal portion of funds for activities under subsections 
     (b) through (f) of section 103; and
       (4) a listing of all projects to be undertaken in the 
     upcoming fiscal year with the Federal portion of funds for 
     activities under subsections (b) through (f) of section 103.

     SEC. 107. FEDERAL SHARE OF COSTS.

       (a) In General.--The Federal share of the cost of 
     implementing the Calfed Bay-Delta Program for fiscal years 
     2005 through 2010 in the aggregate, as set forth in the 
     Record of Decision, shall not exceed 33.3 percent.
       (b) Payment for Benefits.--The Secretary shall ensure that 
     all beneficiaries, including beneficiaries of environmental 
     restoration and other Calfed program elements, shall pay for 
     the benefit received from all projects or activities carried 
     out under the Calfed Bay-Delta Program.
       (c) Integrated Resource Planning.--Federal expenditures for 
     the Calfed Bay-Delta Program shall be implemented in a manner 
     that encourages integrated resource planning.

     SEC. 108. COMPLIANCE WITH STATE AND FEDERAL LAW.

       Nothing in this title--
       (1) invalidates or preempts State water law or an 
     interstate compact governing water;
       (2) alters the rights of any State to any appropriated 
     share of the waters of any body of surface or ground water;
       (3) preempts or modifies any State or Federal law or 
     interstate compact governing water quality or disposal;
       (4) confers on any non-Federal entity the ability to 
     exercise any Federal right to the waters of any stream or to 
     any ground water resource; or
       (5) alters or modifies any provision of existing Federal 
     law, except as specifically provided in this title.

     SEC. 109. AUTHORIZATION OF APPROPRIATION.

       There are authorized to be appropriated to the Secretary 
     and the heads of the Federal agencies to pay the Federal 
     share of the cost of carrying out the new and expanded 
     authorities described in subsections (e) and (f) of section 
     103 $389,000,000 for the period of fiscal years 2005 through 
     2010, to remain available until expended.

                        TITLE II--MISCELLANEOUS

     SEC. 201. SALTON SEA STUDY PROGRAM.

       Not later than December 31, 2006, the Secretary of the 
     Interior, in coordination with the State of California and 
     the Salton Sea Authority, shall complete a feasibility study 
     on a preferred alternative for Salton Sea restoration.

     SEC. 202. ALDER CREEK WATER STORAGE AND CONSERVATION PROJECT 
                   FEASIBILITY STUDY AND REPORT.

       (a) Study.--Pursuant to Federal reclamation law (the Act of 
     June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 
     supplemental to and amendatory of that Act (43 U.S.C. 371 et 
     seq.)), the Secretary of the Interior (referred to in this 
     section as the ``Secretary''), through the Bureau of 
     Reclamation, and in consultation and cooperation with the El 
     Dorado Irrigation District, is authorized to conduct a study 
     to determine the feasibility of constructing a project on 
     Alder Creek in El Dorado County, California, to store water 
     and provide water supplies during dry and critically dry 
     years for consumptive use, recreation, in-stream flows, 
     irrigation, and power production.
       (b) Report.--
       (1) Transmission.--On completion of the study authorized by 
     subsection (a), the Secretary shall transmit to the Committee 
     on

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     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate a report 
     containing the results of the study.
       (2) Contents of report.--The report shall contain 
     appropriate cost sharing options for the implementation of 
     the project based on the use and possible allocation of any 
     stored water.
       (3) Use of available materials.--In developing the report 
     under this section, the Secretary shall use reports and any 
     other relevant information supplied by the El Dorado 
     Irrigation District.
       (c) Cost Share.--
       (1) Federal share.--The Federal share of the costs of the 
     feasibility study authorized by this section shall not exceed 
     50 percent of the total cost of the study.
       (2) In-kind contribution for non-federal share.--The 
     Secretary may accept as part of the non-Federal cost share 
     the contribution such in-kind services by the El Dorado 
     Irrigation District as the Secretary determines will 
     contribute to the conduct and completion of the study.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,000,000.

     SEC. 203. FOLSOM RESERVOIR TEMPERATURE CONTROL DEVICE 
                   AUTHORIZATION.

       Section 1(c) of Public Law 105-295 (112 Stat. 2820) (as 
     amended by section 219(b) of Public Law 108-137 (117 Stat. 
     1853)) is amended in the second sentence by striking 
     ``$3,500,000'' and inserting ``$6,250,000''.

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