SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Safety Improvement Act of
2005''.

SEC. 2. RAILWAY-ROAD GRADE CROSSINGS.

    (a) Elimination of Crossings.--
            (1) In general.--Section 20134 of title 49, United States
        Code, is amended--
                    (A) in subsection (a), by inserting ``and motorists
                at railroad grade crossings'' after ``rights of way'';
                    (B) by amending subsection (c) to read as follows:
    ``(c) Automated Video Image Analysis Pilot Program.--(1) The
Secretary of Transportation, in consultation with the National Highway
Traffic Safety Administration, shall establish a pilot program in the 5
States with the highest rates of collisions, injuries, and fatalities
at highway-rail grade crossings that uses automated video image
analysis technology to record violations by motorists at crossings
equipped with automatic warning devices.
    ``(2) There are authorized to be appropriated such sums as may be
necessary to carry out the program established under this paragraph
(1).''; and
                    (C) by adding at the end the following:
    ``(d) Plan to Eliminate Highway-Rail Grade Crossings.--(1) Not
later than 1 year after the date of enactment of this subsection, the
Secretary of Transportation, in consultation with appropriate
transportation officials of States and units of local government with
jurisdiction over highway-rail grade crossings, shall submit, to the
Committee on Commerce, Science, and Transportation of the Senate, the
Committee on Environment and Public Works of the Senate, and the
Committee on Transportation and Infrastructure of the House of
Representatives, a plan--
            ``(A) for annually eliminating highway-rail grade crossings
        in the United States that, as of the date of enactment of this
        subsection--
                    ``(i) are considered by the Secretary of
                Transportation to pose a safety threat; and
                    ``(ii) have insufficient or outdated protective
                equipment;
            ``(B) that includes guidelines for establishing new
        crossings, if necessary, through careful traffic, zoning, and
        land use planning; and
            ``(C) that includes an estimate of the cost to carry out
        subparagraph (A).
    ``(2) In determining the order for closing highway-rail grade
crossings under the plan developed under paragraph (1), the Secretary
shall give priority to crossings in States that are among the top 5
States in terms of--
            ``(A) the number of accidents at highway-rail grade
        crossings per mile of railroad tract;
            ``(B) the number of highway-rail grade crossings with
        insufficient or outdated protective equipment; or
            ``(C) the number of rail lines with a high volume of goods
        movement.
    ``(3) In developing the plan under paragraph (1), the Secretary
shall consider--
            ``(A) the feasibility of closing and improving a group of
        highway-rail grade crossings in a single community;
            ``(B) the impact of closure on access by emergency
        vehicles;
            ``(C) traffic delays;
            ``(D) public inconvenience; and
            ``(E) the willingness of units of local government to
        participate in the elimination or consolidation of highway-rail
        grade crossings.''.
            (2) Report.--Not later than 1 year after the date of
        enactment of this Act, the Secretary of Transportation shall
        update and reissue ``A Guide to Crossing Consolidation and
        Closure'', which was originally published in July 1994.
    (b) Grants to Improve the Safety of Railway-Highway Grade
Crossings.--Section 130 of title 23, United States Code, is amended--
            (1) in subsection (d)--
                    (A) by striking ``Each State'' and inserting the
                following:
            ``(1) In general.--Each State''; and
                    (B) by adding at the end the following:
            ``(2) Federal safety review.--Using information compiled by
        States under paragraph (1), the Secretary of Transportation
        shall conduct a comprehensive review of the safety of all
        public railway-highway grade crossings in the United States.
        The matters reviewed shall include security measures, safety
        conditions, past accidents, possible safety improvements, and
        any other factors that the Secretary considers relevant.
            ``(3) Priority list.--Based on the information collected
        from the review conducted under paragraph (2), the Secretary of
        Transportation shall compile, maintain, and submit to Congress
        a list of the 5,000 railway-highway grade crossings most in
        need of safety improvements, grouped based on relative need for
        such improvements.'';
            (2) in subsection (f)--
                    (A) by striking ``and 50'' and inserting ``25'';
                and
                    (B) by striking ``States.'' and inserting ``States,
                and 25 percent of such funds shall be apportioned to
                the States in the ratio that total highway and rail
                traffic through railway-highway crossings in each State
                bears to the total of such traffic in all States.'';
            (3) in subsection (i)(3)(B), by striking ``$7,500'' and
        inserting ``$15,000'';
            (4) by redesignating subsection (j) as subsection (k); and
            (5) by inserting after subsection (i) the following:
    ``(j) Railway-Highway Grade Crossing Safety Improvement Grants.--
            ``(1) Grants authorized.--The Secretary of Transportation
        may award grants to States to make necessary safety
        improvements to the railway-highway grade crossings identified
        under subsection (d)(3).
            ``(2) Prioritization.--In awarding grants under this
        subsection, the Secretary shall--
                    ``(A) give priority to projects to install
                automated warning systems at railway-highway grade
                crossings in States with the highest number of
                accidents at such crossings; and
                    ``(B) strive to reduce the number of railway-
                highway grade crossings without automated warning
                systems by not less than 50 percent.
            ``(3) Application.--Each State desiring a grant under this
        subsection shall submit an application to the Secretary at such
        time, in such manner, and accompanied by such information as
        the Secretary may reasonably require.
            ``(4) Matching requirement.--The Secretary may not award a
        grant to a State under this subsection unless that State agrees
        that, with respect to the costs to be incurred by the State in
        carrying out the program for which the grant was awarded, the
        State will make available non-Federal contributions in an
        amount equal to not less than $1 for every $9 of Federal
        financial assistance provided under the grant.''.
    (c) Funding.--Section 104(d) of title 23, United States Code, is
amended--
            (1) by amending the subsection header to read as follows:
        ``Funds Reserved for Improving Safety at Railway-Highway
        Crossings'';
            (2) by adding at the end the following:
            ``(3) Railway-road grade crossing safety improvements.--
        Before making an apportionment of funds under subsection (b)(3)
        for a fiscal year, the Secretary shall set aside $178,000,000
        of the funds made available for the surface transportation
        program for the fiscal year for grants under section 130(j).''.

SEC. 3. PENALTIES FOR VIOLATING CROSSING SIGNS, SIGNALS, OR GATES.

    (a) Prevention of Trespassing and Vandalism on Railroad Property.--
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall--
            (1) analyze Federal, State, and local laws for preventing
        and responding to trespassing and vandalism on railroad
        property; and
            (2) update model strategies to prevent such trespassing and
        vandalism.
    (b) Model Legislation.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation, after
consultation with States, units of local government, and railroad
carriers shall develop and make available model legislation providing
for civil and criminal penalties for individuals who violate grade
crossing signs, signals, or gates.

SEC. 4. OPERATION LIFESAVER FUNDING.

    Section 104(d)(1) of title 23, United States Code, is amended by
striking ``set aside'' and all that follows and inserting the
following: ``set aside, to carry out a public information and education
program to help prevent and reduce motor vehicle accidents, injuries,
and fatalities, and to improve driver performance at railway-road
crossings--
            ``(1) $1,250,000 for fiscal year 2006;
            ``(2) $1,300,000 for fiscal year 2007;
            ``(3) $1,350,000 for fiscal year 2008;
            ``(4) $1,400,000 for fiscal year 2009; and
            ``(5) $1,460,000 for fiscal year 2010.''.

SEC. 5. INSPECTIONS AND INVESTIGATIONS.

    (a) Annual Inspections.--Section 20107 of title 49, United States
Code, is amended by adding at the end the following:
    ``(c) Annual Inspections.--The Secretary of Transportation, acting
through the Administrator of the Federal Railroad Administration,
shall, physically inspect, on an annual basis, not less than 2 percent
of all highway-rail grade crossings in the 10 States with the highest
rates of collisions at such crossings during the 3-year period ending
on the date of enactment of this Act.''.
    (b) Accident Investigations.--Section 20902 of title 49, United
States Code, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Investigation of Fatal Accidents.--
            ``(1) In general.--The Secretary of Transportation, acting
        through the Administrator of the Federal Railroad
        Administration, shall conduct an investigation of--
                    ``(A) all fatal accidents in the United States
                during the 1-year period ending on the date of
                enactment of this subsection; and
                    ``(B) any fatal railroad accident occurring in the
                United States on or after the date of enactment of this
                subsection.
            ``(2) Report to congress.--Not later than 18 months after
        the date of enactment of this Act, and annually thereafter, the
        Secretary shall submit a report to Congress on the results of
        the investigations conducted under paragraph (1) during the 1-
        year period ending on the date of enactment of this Act and
        during each successive 1-year period.''.

SEC. 6. DEFINITION.

    As used in this Act, and the amendments made by this Act, the term
``highway'' has the meaning given the term in section 101 of title 23,
United States Code.


SECTION 1. FIRE-RETARDANT MATERIALS EXEMPTION.

    Section 3503 of title 46, United States Code, is amended to read as
follows:
``Sec. 3503. Fire-retardant materials
    ``(a)(1) A passenger vessel of the United States having berth or
stateroom accommodations for at least 50 passengers shall be granted a
certificate of inspection only if--
            ``(A) the vessel is constructed of fire-retardant
        materials; and
            ``(B) the vessel--
                    ``(i) is operating engines, boilers, main
                electrical distribution panels, fuel tanks, oil tanks,
                and generators that meet current Coast Guard
                regulations;
                    ``(ii) is operating boilers and main electrical
                generators that are contained within noncombustible
                enclosures equipped with fire suppression systems; and
                    ``(iii) has multiple forms of egress off the
                vessel's bow and stern.
    ``(2) Before December 1, 2028, this section does not apply to any
vessel in operation before January 1, 1968, and operating only within
the Boundary Line.
    ``(b)(1) When a vessel is exempted from the fire-retardant
standards of subsection (a)--
            ``(A) the owner or managing operator of the vessel shall--
                    ``(i) notify in writing prospective passengers,
                prior to the sale of any ticket for boarding and to be
                affirmatively recognized by such passenger prior to
                purchase, and any crew member that the vessel does not
                comply with applicable fire safety standards due
                primarily to the wooden construction of passenger
                berthing areas; and
                    ``(ii) display in clearly legible font prominently
                throughout the vessel, including in each state room the
                following: `THIS VESSEL FAILS TO COMPLY WITH SAFETY
                RULES AND REGULATIONS OF THE U.S. COAST GUARD.';
            ``(B) the owner or managing operator of the vessel--
                    ``(i) may not disclaim liability to a passenger or
                crew member for death, injury, or any other loss caused
                by fire due to the negligence of the owner or managing
                operator; and
                    ``(ii) shall acquire prior to entering service, and
                maintain, liability insurance in an amount to be
                prescribed by the Federal Maritime Commission;
            ``(C) the penalties provided in section 3504(c) of this
        title apply to a violation of this subsection;
            ``(D) the owner or managing operator of the vessel shall--
                    ``(i) make annual structural alteration to not less
                than 10 percent of the areas of the vessel that are not
                constructed of fire retardant materials;
                    ``(ii) prioritize alterations in galleys,
                engineering areas of the vessel, including all spaces
                and compartments containing, or adjacent to spaces and
                compartments containing, engines, boilers, main
                electrical distribution panels, fuel tanks, oil tanks,
                and generators;
                    ``(iii) ensure, to the satisfaction of the Coast
                Guard, that the combustible fire-load has been reduced
                pursuant to clause (i) during each annual inspection
                for certification; and
                    ``(iv) provide advance notice to the Coast Guard
                regarding the structural alterations made pursuant to
                clause (i) and comply with any noncombustible material
                requirements prescribed by the Coast Guard;
            ``(E) the Coast Guard, in making the determination required
        in subparagraph (D)(iii), shall consider, to the extent
        practicable, the goal of preservation of the historic integrity
        of the vessel in areas carrying or accessible to passengers or
        generally visible to the public;
            ``(F) the owner or managing operator of the vessel shall
        annually notify all ports of call and State emergency
        management offices of jurisdiction that the vessel does not
        comply with applicable fire safety standards due primarily to
        the wooden construction of passenger berthing areas;
            ``(G) the crews manning such vessel shall receive
        specialized training, above minimum standards, in regards to
        shipboard firefighting that is specialized for exempted vessels
        and approved by the Coast Guard; and
            ``(H) the owner or managing operator of the vessel shall,
        to the extent practicable, take all steps to retain previously
        trained crew knowledgeable of such vessel or to hire crew
        trained in operations aboard exempted vessels.
    ``(2) The Secretary shall conduct an annual audit and inspection of
any vessel exempted from the fire-retardant standards of subsection
(a).
    ``(c) The Secretary shall prescribe regulations to carry out this
section. Such regulations shall include the manner in which prospective
passengers are to be notified.
    ``(d) In addition to other penalties permitted by law, the
Secretary is authorized to immediately withdraw a certificate of
inspection for a passenger vessel that does not comply with any
requirement under this section.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rare Earths Supply Technology and
Resources Transformation Act of 2010'' or the ``RESTART Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Significant quantities of rare earths are used in the
        production of clean energy technologies, including advanced
        automotive propulsion batteries, electric motors, high-
        efficiency light bulbs, solar panels, and wind turbines. These
        technologies are used to advance the United States energy
        policy of reducing dependence on foreign oil and decreasing
        greenhouse gas emissions through expansion of cleaner sources
        of energy.
            (2) Many modern defense technologies such as radar and
        sonar systems, precision-guided weapons, cruise missiles, and
        lasers cannot be built, as designed and specified, without the
        use of rare earths and materials produced from them.
            (3) Rare earths also provide core functionality to a
        variety of high technology applications in computing, pollution
        abatement, power generation, water treatment, oil refining,
        metal alloying, communications, health care, agriculture, and
        other sectors.
            (4) Though at least 15 percent of the world's rare earth
        reserves are located within the United States, the country now
        depends upon imports for nearly 100 percent of its rare earth
        needs because there are virtually no active rare earth
        producers in the United States. More than 97 percent of all
        rare earths for world consumption are produced in China.
            (5) The ability--and willingness--of China to export rare
        earths is eroding due to its growing domestic demand, its
        enforcement of environmental law on current producers, and its
        mandate to consolidate the industry by decreasing its number of
        mining permits. The Chinese Ministry of Industry and
        Information Technology draft rare earths plan for 2009 to 2015
        proposes an immediate ban on the export of dysprosium, terbium,
        thulium, lutetium, and yttrium, the so-called ``heavy'' rare
        earths, and a restriction on the exports of all other, light,
        rare earth metals to a level well below that sufficient to
        satisfy the demand of Japan in 2008 alone for such metals.
            (6) Furthermore, the United States has limited rare earth
        production, remains entirely dependent on overseas refineries
        for further elemental and alloy processing, and does not
        currently maintain a ``strategic reserve'' of rare earth
        compounds, metals, or alloys.
            (7) Rare earths should qualify as materials either
        strategic or critical to national security. The United States
        Government should facilitate the domestic reintroduction of a
        globally competitive rare earth industry that is self-
        sufficient in the United States domestic market with multiple
        sources of mining, processing, alloying, and manufacturing.
            (8) This self-sufficiency requires an uninterrupted supply
        of strategic materials critical to national security and
        innovative commercial product development, including rare
        earths, to support the clean energy and defense supply chains.
            (9) The United States currently cannot reclaim valuable
        rare earths and permanent magnets from scrapped military or
        consumer products, industrial materials or equipment, which
        allows entities in other countries to identify and recover such
        materials for resale to United States manufacturers at
        considerable cost.
            (10) There is an urgent need to identify the current global
        market situation regarding rare earths, the strategic value
        placed on them by foreign nations including China, and the
        supply-chain vulnerabilities related to rare earths and
        products containing rare earths.

SEC. 3. ACTIONS TO PROMOTE RARE EARTH DEVELOPMENT.

    (a) Policy.--It is the policy of the United States that each
Federal agency shall take appropriate actions, to the extent consistent
with applicable law, to expedite permitting and projects that will
increase exploration for, and development of, domestic rare earths.
    (b) Rare Earth Policy Task Force.--
            (1) Establishment.--There is established within the
        Department of the Interior a task force to be known as the
        ``Rare Earth Policy Task Force'' (referred to in this section
        as the ``Task Force''), which shall report to the President
        through the Secretary of the Interior.
            (2) Composition.--The Task Force shall be composed of the
        following:
                    (A) The Secretary of the Interior (or a designee),
                who shall serve as chair of the Task Force.
                    (B) The Secretary of Energy (or a designee).
                    (C) The Secretary of Agriculture (or a designee).
                    (D) The Secretary of Defense (or a designee).
                    (E) The Secretary of Commerce (or a designee).
                    (F) The Secretary of State (or a designee).
                    (G) The Director of the Office of Management and
                Budget (or a designee).
                    (H) The Chairman of the Council on Environmental
                Quality (or a designee).
                    (I) Such other members as the Secretary of the
                Interior considers appropriate.
    (c) Duties.--The Task Force shall--
            (1) monitor and assist Federal agencies in expediting the
        review and approval of permits or other actions, as necessary,
        to accelerate the completion of projects that will increase
        investment in, exploration for, and development of domestic
        rare earths pursuant to the Federal Land Policy and Management
        Act of 1976 (43 U.S.C. 1701 et seq.), the Act of June 4, 1897
        (commonly known as the ``Organic Act of 1897'' (16 U.S.C. 473-
        482, 551), the National Forest Management Act of 1976 (16
        U.S.C. 1600 et seq.), and any other applicable statutory
        authorities related to domestic mining operations;
            (2) assist Federal agencies in reviewing laws (including
        regulations) and policies that discourage investment in,
        exploration for, and development of domestic rare earths
        pursuant to Federal Land Policy and Management Act of 1976, the
        Act of June 4, 1897, the National Forest Management Act of
        1976, and any other applicable statutory authorities related to
        domestic mining operations; and
            (3) take such other actions to otherwise increase
        investment in, exploration for, and development of domestic
        rare earths as the Task Force considers appropriate.
    (d) Annual Reports.--At least once each year, the Task Force shall
submit to the President, the Committee on Natural Resources of the
Senate, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Natural Resources of the House of
Representatives a report setting forth the following:
            (1) A description of the results of the coordinated and
        expedited review of permits or other actions to promote
        investment in, exploration for, and development of domestic
        rare earths, and an identification of the procedures and
        actions that have proven to be the most useful and appropriate
        in coordinating and expediting the review of projects that will
        increase investment in, exploration for, and development of
        domestic rare earths.
            (2) An identification of the substantive and procedural
        requirements of Federal, State, tribal, and local laws
        (including regulations) and Executive orders that are
        inconsistent with, duplicative of, or structured so as to
        restrict effective implementation of the projects described in
        paragraph (1).
            (3) Such recommendations as the Task Force considers
        appropriate to advance the policy set forth in subsection (a).
    (e) Judicial Review.--
            (1) In general.--Nothing in this section shall be construed
        to affect any judicial review of an agency action under any
        other provision of law.
            (2) Construction.--This section--
                    (A) is intended to improve the internal management
                of the Federal Government; and
                    (B) does not create any right or benefit,
                substantive or procedural, enforceable at law or equity
                by a party against the United States (including an
                agency, instrumentality, officer, or employee of the
                United States) or any other person.

SEC. 4. ASSESSMENT OF RARE EARTH SUPPLY CHAIN VULNERABILITY.

    (a) Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Interior and the Secretary
of Energy shall jointly, in consultation with the Secretary of Defense,
the Secretary of Commerce, the Secretary of State, and the United
States Trade Representative--
            (1) undertake an assessment of the domestic rare earth
        supply chain;
            (2) determine pursuant to such assessment which rare earth
        elements are critical to clean energy technologies and the
        national and economic security of the United States; and
            (3) submit to Congress a report setting forth the results
        of such assessment and determination.
    (b) Establishment of Stockpile.--Not later than one year after the
date of the enactment of this Act, the Secretary of the Interior and
the Secretary of Energy shall jointly, in consultation with the
Secretary of Defense, the Secretary of Commerce, the Secretary of
State, and the United States Trade Representative, submit to Congress a
report setting forth the following:
            (1) An assessment whether or not the rare earth materials
        determined to be critical to clean energy technologies and the
        national and economic security of the United States pursuant to
        subsection (a)(2) should be procured and placed in a stockpile.
            (2) An assessment whether or not adequate legal authorities
        exist to procure and place in a stockpile the rare earth
        materials so determined to be critical to clean energy
        technologies and the national and economic security of the
        United States.
            (3) Recommendations on the criteria to be utilized in
        determining the commencement and termination of the stockpiling
        of such rare earth materials.
    (c) Stockpile Defined.--In this section, the term ``stockpile''
means a strategic reserve of rare earth oxides, and storable forms of
rare earths and alloys for purposes of clean energy technology and the
national and economic security of the United States.

SEC. 5. LOAN GUARANTEES FOR THE DOMESTIC RARE EARTH SUPPLY CHAIN.

    (a) Report to Industry.--Not later than 90 days after the date of
the enactment of the Act, the Secretary of Energy shall issue a report
to industry describing available mechanisms for obtaining government
loan guarantees for purposes of reestablishing a domestic rare earth
supply chain.
    (b) Department of Energy Support.--Not later than 90 days after the
date of the enactment of the Act, the Secretary of Energy shall issue
guidance for the rare earth industry on obtaining loan guarantees under
title XVII of the Energy Policy Act of 2005 (Public Law 109-58; 22
U.S.C. 16511 et seq.) and the American Recovery and Reinvestment Act of
2009 (Public Law 111-16) for purposes of supporting the reestablishment
of mining, separation, purification, metal processing, refining,
alloying, and manufacturing operations in the United States relating to
rare earths that will support the domestic clean energy technology and
defense supply chains.

SEC. 6. DEFENSE-RELATED PRODUCTION OF RARE EARTHS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United States faces a shortage of key rare earth
        materials that form the backbone of both the defense and energy
        supply chains; and
            (2) the urgent need to reestablish a domestic rare earth
        supply chain warrants a prioritization of projects under the
        Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) to
        support the reestablishment of such a supply chain.
    (b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report describing past, current, and future projects under
the Defense Production Act of 1950 to support the domestic rare earth
supply chain. If no such project is in process or planned as of the
date of the report, the report shall include a justification for the
lack of projects to support a domestic rare earth supply chain,
particularly projects to establish or support domestic manufacturing
capability in critical segments of the rare earth market.

SEC. 7. SUPPORT FOR DOMESTIC RARE EARTH SUPPLY CHAIN.

    It is the sense of Congress that, in order to reestablish the
security of rare earth supplies within the United States, and
associated technologies--
            (1) there is a pressing need to support innovation,
        training, and workforce development in the domestic rare earth
        supply chain;
            (2) the Department of Energy, the Department of the
        Interior, the Department of Commerce, and the Department of
        Defense should each, utilizing funds available to such
        department for basic research and development, provide funds to
        academic institutions, Government laboratories, corporate
        research and development, not-for-profit research and
        development, and industry associations in support of
        innovation, training, and workforce development in the domestic
        rare earth supply chain; and
            (3) in providing funds under paragraph (2), the Department
        of Energy, the Department of the Interior, the Department of
        Commerce, and the Department of Defense should give priority to
        academic institutions, Government laboratories, corporations,
        not-for-profit entities, and industry associations that will
        utilize domestically produced rare earths and associated
        materials.

SEC. 8. RESTRICTIONS.

    (a) Limitation on Divestment of Facilities Created.--No recipient
of appropriated funds for the purposes of supporting the
reestablishment of a domestic rare earth supply chain, may divest any
resources or assets funded, whether in whole or in part, by such
appropriated funds to any foreign-owned or controlled entity without
the concurrence of the Secretary of Energy, the Secretary of Defense,
and the Secretary of Commerce.
    (b) Enhancing National Security.--Any recipient of appropriated
funds obtained in connection with the reestablishment of a domestic
rare earth supply chain shall be subject to the provisions of section
2538 of title 10, United States Code, in the utilization of such funds,
including with respect to any rare earth-related material sold by such
recipient in the commercial marketplace.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Alloy.--The terms ``alloy'' means a partial or complete
        solid solution of one or more elements in a metallic matrix.
            (2) Alloying.--The term ``alloying'' means the melting of
        metal to create a metallic matrix.
            (3) Clean energy technology.--The term ``clean energy
        technology'' means a technology related to the production, use,
        transmission, storage, control, or conservation of energy that
        will--
                    (A) reduce the need for additional energy supplies
                by using existing energy supplies with greater
                efficiency or by transmitting, distributing, or
                transporting energy with greater effectiveness through
                the infrastructure of the United States;
                    (B) diversify the sources of energy supply of the
                United States to strengthen energy security and to
                increase supplies with a favorable balance of
                environmental effects if the entire technology system
                is considered; or
                    (C) contribute to a stabilization of atmospheric
                greenhouse gas concentrations through reduction,
                avoidance, or sequestration of energy-related
                emissions.
            (4) Process.--The term ``process'', in the case of a rare
        earth oxide, means the conversion of the oxide into usable rare
        earth metals and specialty alloys and powders for domestic
        magnet and other manufacturing.
            (5) Rare earth.--The term ``rare earth''--
                    (A) means the chemical elements in the periodic
                table from lanthanum (atomic number 57) up to and
                including lutetium (atomic number 71); and
                    (B) includes the chemical elements yttrium and
                scandium.
            (6) Refine.--The term ``refine'', in the case of a rare
        earth extracted from rock, means the separation and
        purification of the rare earth to commercial grades of oxides
        or other salts such as oxalates or chlorides.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reach Every Mother and Child Act of
2017''.

SEC. 2. ASSISTANCE TO END PREVENTABLE MATERNAL, NEWBORN, AND CHILD
              DEATHS GLOBALLY.

    The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is
amended by adding at the end of chapter I of part I the following new
section:

``SEC. 137. ASSISTANCE TO END PREVENTABLE MATERNAL, NEWBORN, AND CHILD
              DEATHS GLOBALLY.

    ``(a) Purpose.--The purpose of this section is to implement a
strategic approach for providing foreign assistance in order to end
preventable child and maternal deaths globally by 2030.
    ``(b) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the
        Administrator of the United States Agency for International
        Development.
            ``(2) Appropriate congressional committees.--The term
        `appropriate congressional committees' means--
                    ``(A) the Committee on Foreign Relations and the
                Committee on Appropriations of the Senate; and
                    ``(B) the Committee on Foreign Affairs and the
                Committee on Appropriations of the House of
                Representatives.
            ``(3) Coordinator.--The term `Coordinator' means the Child
        and Maternal Survival Coordinator established under subsection
        (e).
            ``(4) Relevant partner entities.--The term `relevant
        partner entities' means each of the following:
                    ``(A) The governments of other donor countries.
                    ``(B) International financial institutions.
                    ``(C) Nongovernmental organizations.
                    ``(D) Faith-based organizations.
                    ``(E) Professional organizations
                    ``(F) The private sector.
                    ``(G) Multilateral organizations.
                    ``(H) Local and international civil society groups.
                    ``(I) Local health workers.
                    ``(J) International organizations.
            ``(5) Target countries.--The term `target countries' means
        specific countries that have the greatest need and highest
        burden of child and maternal deaths, taking into consideration
        countries that--
                    ``(A) have high-need communities in fragile states
                or conflict-affected states;
                    ``(B) are low- or middle-income countries; or
                    ``(C) are located in regions with weak health
                systems.
    ``(c) Statement of Policy.--It is the policy of the United States,
in partnership with target countries and relevant partner entities, to
establish and implement a coordinated, integrated, and comprehensive
strategy to combat the leading causes of maternal, newborn, and child
mortality globally and ensure healthy and productive lives by--
            ``(1) scaling up the highest impact, evidence-based
        interventions, including for the most vulnerable populations,
        with a focus on country ownership;
            ``(2) designing, implementing, monitoring, and evaluating
        programs in a way that enhances transparency and
        accountability, increases sustainability, and improves outcomes
        in target countries; and
            ``(3) supporting the development and scale up of innovative
        tools and approaches to accelerate progress toward ending
        preventable child and maternal deaths.
    ``(d) Strategy.--
            ``(1) In general.--Not later than one year after the date
        of the enactment of the Reach Every Mother and Child Act of
        2017, the President shall establish and implement a
        comprehensive five-year, whole-of-government strategy to
        achieve, with target countries and donors, the goal of ending
        preventable child and maternal deaths globally and ensure
        healthy and productive lives by 2030.
            ``(2) Elements.--The strategy established under paragraph
        (1) shall--
                    ``(A) set outcome-based targets to achieve the
                goals of the strategy and ascertain baseline data
                relevant for each target country and for all areas of
                focus and programming as of the date of the release of
                the strategy;
                    ``(B) utilize United States Government strategies
                and frameworks relevant to ending preventable child and
                maternal deaths, including specific objectives,
                programs, and approaches to implement highest impact,
                evidence-based interventions to address the leading
                causes of death, particularly among the most vulnerable
                populations, of--
                            ``(i) women related to pregnancy,
                        childbirth, and post delivery;
                            ``(ii) newborns in their first 28 days; and
                            ``(iii) infants and children under the age
                        of five years old;
                    ``(C) include development and scale up of new
                technologies and approaches, including those supported
                by public-private partnerships, for research and
                innovation;
                    ``(D) promote coordination and efficiency within
                and amongst the relevant executive branch agencies and
                initiatives, including the United States Agency for
                International Development, the Department of State, the
                Department of Health and Human Services, the Centers
                for Disease Control and Prevention, the National
                Institutes of Health, the Millennium Challenge
                Corporation, the Peace Corps, the Department of the
                Treasury, the Office of the Global AIDS Coordinator,
                and the President's Malaria Initiative;
                    ``(E) project general levels of resources needed to
                achieve the strategy's stated objectives;
                    ``(F) identify strategies for leveraging resources
                in new and innovative ways;
                    ``(G) align with country-driven maternal, newborn,
                and child health and survival plans and improve
                coordination with foreign governments and international
                organizations;
                    ``(H) outline consultations with target countries
                and relevant partner entities as appropriate;
                    ``(I) implement results-based contracting (such as
                pay-for-success) and financial and operational risk
                reduction;
                    ``(J) promote a shift towards investments that
                support inclusive and sustainable business models; and
                    ``(K) support the transition to domestic
                sustainably financed health systems.
            ``(3) Initial strategy.--For the purposes of this section,
        a strategy meeting the criteria described in paragraph (2) that
        is in effect as of the date of enactment of this section may be
        deemed to fulfill the establishment requirement in paragraph
        (1).
    ``(e) Establishment of Child and Maternal Survival Coordinator.--
            ``(1) In general.--The President shall designate a current
        USAID employee serving in a career or non-career position in
        the Senior Executive Service or at the level of a Deputy
        Assistant Administrator or higher to serve concurrently as the
        Child and Maternal Survival Coordinator. The Coordinator shall
        be responsible for--
                    ``(A) overseeing the strategy established under
                subsection (d); and
                    ``(B) all United States Government funds
                appropriated or used for international maternal and
                child health and nutrition programs.
            ``(2) Duties.--The Coordinator shall--
                    ``(A) have the primary responsibility for the
                oversight and coordination of all resources and
                international activities of the United States
                Government appropriated or used for international
                maternal and child health and nutrition programs;
                    ``(B) direct the budget, planning, and staffing to
                implement international maternal and child health and
                nutrition projects and programs for the purpose of
                achieving reductions in preventable child and maternal
                deaths;
                    ``(C) lead implementation and revision, not less
                frequently than once every 5 years, of the strategy
                established under subsection (d)(1);
                    ``(D) coordinate with relevant executive branch
                agencies, target countries, and relevant partner
                entities as appropriate, to carry out the strategy
                established under section 5(a) and to align current and
                future investments with high-impact, evidence-based
                interventions to save lives;
                    ``(E) provide direction to the design and oversight
                of grants, contracts, and cooperative agreements with
                nongovernmental organizations (including community,
                faith-based, and civil society organizations) and
                private sector entities for the purpose of carrying out
                the strategy established under subsection (d)(1); and
                    ``(F) report directly to the Administrator
                regarding implementation of the strategy established
                under subsection (d)(1).
            ``(3) Restriction on additional or supplemental
        compensation.--The Coordinator shall receive no additional or
        supplemental compensation as a result of carrying out
        responsibilities and duties under this section.
    ``(f) Authority to Assist in Implementation of the Strategy.--
            ``(1) In general.--The President shall provide assistance
        to implement the strategy established under subsection (d)(1).
            ``(2) Focus on impact.--
                    ``(A) Targets for increased implementation
                required.--Consistent with the requirements for foreign
                assistance programs included in the Foreign Aid
                Transparency and Accountability Act of 2016 (Public Law
                114-119), USAID grants, contracts, and cooperative
                agreements for the purposes of the strategy established
                under subsection (d)(1) shall be required to include
                targets for increased implementation of high-impact,
                evidence-based interventions and strengthening health
                systems, as appropriate, including the establishment of
                baseline measurements from which to quantify progress.
                    ``(B) Exception.--In exceptional circumstances
                where USAID determines that inclusion of coverage
                targets or baseline measures are not reasonable or
                practicable for the grant, contract, or cooperative
                agreement, the funding mechanism shall include an
                explanation of the omission and explicitly state how
                measurable impact will be targeted and tracked.
    ``(g) Reports.--
            ``(1) Report required.--Not later than one year after the
        date of the enactment of this section, and annually thereafter
        for 5 additional years, the President shall submit to the
        appropriate congressional committees a report on progress made
        to achieve the strategy established under subsection (d)(1) as
        well as progress toward the goal to end preventable child and
        maternal deaths globally. The data in the report shall be made
        publicly available.
            ``(2) Information included in report.--The report required
        under paragraph (1) shall include the following elements:
                    ``(A) Indicators of progress made by United States
                Government programs carried out under international
                maternal and child health and nutrition programs for
                the purposes of improving maternal, newborn, and child
                health and survival, particularly among the most
                vulnerable populations, in each target country and
                overall, including--
                            ``(i) maternal mortality ratio per 100,000
                        live births and under-5 mortality ratio per
                        1,000 live births;
                            ``(ii) number of maternal, newborn, and
                        child deaths averted;
                            ``(iii) percentage of births attended by
                        skilled health personnel;
                            ``(iv) an analysis of gaps in the health
                        workforce required to end preventable child and
                        maternal deaths, including an analysis of
                        health workforce density (number of certified
                        health workers, including community-based
                        health workers, per population);
                            ``(v) a description of the measured or
                        estimated impact on maternal, newborn, and
                        child survival of each ongoing program or
                        project;
                            ``(vi) progress towards achieving the goal
                        to save 15,000,000 children's lives and 600,000
                        women's lives by 2020, and any subsequent goals
                        established under the strategy required under
                        subsection (d); and
                            ``(vii) any other targets identified by the
                        Coordinator as essential to meeting the goals
                        of the strategy for ending preventable child
                        and maternal deaths.
                    ``(B) Assessments of progress made toward achieving
                the targets set forth under subparagraph (A).
                    ``(C) A description of how the interventions or
                programs are designed to--
                            ``(i) increase activities in target
                        countries;
                            ``(ii) reach underserved, marginalized,
                        vulnerable, and impoverished populations;
                            ``(iii) address causes of maternal,
                        newborn, and child mortality with innovative
                        efforts and interventions posed to go to scale;
                            ``(iv) invest in activities that empower
                        women, support voluntarism, and provide
                        respectful maternity care;
                            ``(v) improve transparency and
                        accountability at all levels and include common
                        metrics for tracking progress;
                            ``(vi) ensure that high-impact, evidence-
                        based interventions are prioritized; and
                            ``(vii) expand access to quality services
                        through community-based approaches and include
                        community accountability measures.
                    ``(D) Reporting on each aspect of the strategy
                established under subsection (d)(1), including--
                            ``(i) multi-sectoral approaches, specific
                        strategies, and programming utilizing high-
                        impact, evidence-based interventions to address
                        the leading causes of preventable child and
                        maternal deaths;
                            ``(ii) activities to develop and scale up
                        new technologies and approaches, including
                        those identified by public-private
                        partnerships, for research and innovation;
                            ``(iii) coordination with United States
                        agencies, foreign governments, nongovernmental
                        organizations, and international organizations;
                            ``(iv) methods used to leverage new
                        financial and other public and private
                        resources in innovative ways; and
                            ``(v) best practices identified by the
                        executive branch.
                    ``(E) Reporting on grants, contracts, and
                cooperative agreements awarded, including--
                            ``(i) a comprehensive list of USAID grants,
                        contracts, and cooperative agreements awarded
                        in implementation of the strategy established
                        under subsection (d)(1); and
                            ``(ii) a description of--
                                    ``(I) the targets for coverage of
                                interventions or services and the
                                baseline against which they are
                                measured and the status of progress in
                                meeting the targets; or
                                    ``(II) in the case of exceptional
                                circumstances where USAID determines
                                that inclusion of targets or baseline
                                measurements is not reasonable or
                                practicable, an explanation of how the
                                impact of the grant, contract,
                                agreement, or resulting program is
                                being measured.
                    ``(F) Reporting on the innovative public-private
                financing tools, including an analysis of the
                feasibility and potential effectiveness of new
                financing tools that could be used to fund efforts to
                end preventable child and maternal deaths globally.
    ``(h) Authorization of Appropriations.--
            ``(1) Authorization.--For fiscal years 2018 through 2022,
        the provisions of this section shall be carried out using
        amounts appropriated or otherwise made available for the
        Department of State or the United States Agency for
        International Development and available for global health
        programs.
            ``(2) Application.--Funds appropriated or otherwise made
        available to carry out activities under this section shall be
        subject to all applicable restrictions under Federal law.
            ``(3) Expiration of funds.--Amounts appropriated or
        otherwise made available to carry out activities under this
        section shall remain available for obligation for a period of 5
        years.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rebuilding Equity Act of 2013''.

SEC. 2. REBUILDING EQUITY PROGRAM.

    (a) Establishment of Voluntary Program.--
            (1) Establishment.--
                    (A) Payment of closing costs.--The Federal National
                Mortgage Association and the Federal Home Loan Mortgage
                Corporation (in this Act referred to as the
                ``enterprises'') shall each establish a voluntary
                program for borrowers described in paragraph (2), under
                which the enterprises shall pay $1,000 toward the
                closing costs associated with applying for and
                receiving the refinancing when the borrower agrees to
                refinance into a fully amortizing loan with a term of
                not longer than 20 years.
                    (B) First year of program.--During the 12-month
                period that begins on the date of enactment of this
                Act, the amount of the closing costs that each
                enterprise shall pay under the program shall not vary
                based on the term of the mortgage that the borrower
                agrees to refinance into.
                    (C) Subsequent years.--
                            (i) Annual recalculation of closing costs
                        payment.--Upon the expiration of the 12-month
                        period set forth under subparagraph (B), and
                        for each of the next two 12-month periods
                        thereafter, the Director of the Federal Housing
                        Finance Agency--
                                    (I) shall adjust the amount of the
                                portion of the closing costs that each
                                enterprise will pay under the program--
                                            (aa) by an amount that
                                        results in such program being
                                        revenue neutral for such 12-
                                        month period; and
                                            (bb) based on economic
                                        conditions generally affecting
                                        the mortgage and housing
                                        markets; and
                                    (II) may adjust the amount of the
                                closing costs that each enterprise will
                                pay under the program based on the term
                                of the mortgage that the borrower
                                agrees to refinance into.
                            (ii) Report.--The Director of the Federal
                        Housing Finance Agency shall report any
                        adjustments made pursuant to the requirements
                        of clause (i) to the Chair and Ranking Member
                        of the Committee on Banking, Housing, and Urban
                        Affairs of the Senate and the Committee on
                        Financial Services of the House of
                        Representatives.
            (2) Eligible borrowers.--The program required by paragraph
        (1) shall be for any borrower--
                    (A) who qualifies for the Home Affordable Refinance
                Program carried out by the enterprises;
                    (B) whose subject property has a loan-to-value
                ratio of not less than 105 percent; and
                    (C) who refinances from a loan with an original
                term of 30 years to a loan with a term of 20 years or
                less.
    (b) Sunset.--Each voluntary program under this section shall
terminate on the date that is 3 years after the date of establishment
of such program.
    (c) Definitions.--As used in this section, the following
definitions shall apply:
            (1) Loan-to-value ratio.--The term ``loan-to-value ratio''
        means the ratio of the amount of the primary mortgage on a
        property to the value of that property.
            (2) Closing costs.--The term ``closing costs''--
                    (A) means all reasonable and actual costs charged
                to the borrower by a third party to the refinancing
                transaction;
                    (B) includes--
                            (i) appraisal and inspection fees;
                            (ii) fees associated with obtaining a
                        borrower's credit report;
                            (iii) title insurance and title examination
                        costs;
                            (iv) attorneys' fees associated with
                        closing the transaction, other than attorneys'
                        fees associated with disputes arising out of
                        the transaction or otherwise ancillary to
                        closing the transaction;
                            (v) document preparation costs, if
                        completed by a third party not controlled by
                        the lender;
                            (vi) transfer stamps, recording fees,
                        courier fees, wire transfer fees, and
                        reconveyance fees; and
                            (vii) test and certification fees; and
                    (C) does not include any costs charged to the
                borrower by the lender, including--
                            (i) lender application fees; and
                            (ii) lender origination fees.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reducing Over-Classification Act of
2008''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) A key conclusion in the Final Report of the National
        Commission on Terrorist Attacks Upon the United States
        (commonly known as the ``9/11 Commission'') was the need to
        prevent over-classification by the Federal Government.
            (2) The 9/11 Commission and others have observed that the
        over-classification of homeland security information interferes
        with accurate, actionable, and timely homeland security
        information sharing, increases the cost of information
        security, and needlessly limits public access to information.
            (3) The over-classification problem, which has worsened
        since the 9/11 attacks, causes considerable confusion about
        what information can be shared with whom both internally at the
        Department of Homeland Security and with its external partners.
        This problem negatively impacts the dissemination of homeland
        security information to the Department's State, local, tribal,
        and territorial homeland security and law enforcement partners,
        private sector customers, and the public.
            (4) Excessive government secrecy stands in the way of a
        safer and more secure homeland. This trend is antithetical to
        the creation and operation of the information sharing
        environment established under section 1016 of the Intelligence
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), and
        must be halted and reversed.
            (5) To do so, the Department should start with the
        understanding that all departmental information that is not
        properly classified, or marked as controlled unclassified
        information and otherwise exempt from disclosure, should be
        made available to members of the public pursuant to section 552
        of title 5, United States Code (commonly referred to as the
        ``Freedom of Information Act'').
            (6) The Department should also develop and administer
        policies, procedures, and programs that promote compliance with
        applicable laws, executive orders, and other authorities
        pertaining to the proper use of classification markings and the
        United States National Archives and Records Administration
        policies implementing them.

SEC. 3. OVER-CLASSIFICATION PREVENTION WITHIN THE DEPARTMENT OF
              HOMELAND SECURITY.

    Subtitle A of title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.) is amended by adding at the end the following new
section:

``SEC. 210F. OVER-CLASSIFICATION PREVENTION PROGRAM.

    ``(a) In General.--The Secretary shall develop and administer
policies, procedures, and programs within the Department to prevent the
over-classification of homeland security information, terrorism
information, weapons of mass destruction information, and other
information within the scope of the information sharing environment
established under section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485) that must be disseminated to
prevent and to collectively respond to acts of terrorism. The Secretary
shall coordinate with the Archivist of the United States and consult
with representatives of State, local, tribal, and territorial
government and law enforcement, organizations with expertise in civil
rights, civil liberties, and government oversight, and the private
sector, as appropriate, to develop such policies, procedures, and
programs.
    ``(b) Requirements.--Not later than one year after the date of the
enactment of the Reducing Over-Classification Act of 2008, the
Secretary, in administering the policies, procedures, and programs
required under subsection (a), shall--
            ``(1) create, in consultation with the Archivist of the
        United States, standard classified and unclassified formats for
        finished intelligence products created by the Department,
        consistent with any government-wide standards, practices or
        procedures for similar products;
            ``(2) require that all finished intelligence products
        created by the Department be simultaneously prepared in the
        standard unclassified format, provided that such an
        unclassified product would reasonably be expected to be of any
        benefit to a State, local, tribal or territorial government,
        law enforcement agency or other emergency response provider, or
        the private sector, based on input provided by the Interagency
        Threat Assessment and Coordination Group Detail established
        under section 210D;
            ``(3) ensure that such policies, procedures, and programs
        protect the national security as well as the information
        privacy rights and legal rights of United States persons
        pursuant to all applicable law and policy, including the
        privacy guidelines for the information sharing environment
        established pursuant to section 1016 of the Intelligence Reform
        and Terrorism Prevention Act of 2004 (6 U.S.C. 485), as
        appropriate;
            ``(4) establish an ongoing auditing mechanism administered
        by the Inspector General of the Department or other appropriate
        senior Department official that randomly selects, on a periodic
        basis, classified information from each component of the
        Department that generates finished intelligence products to--
                    ``(A) assess whether applicable classification
                policies, procedures, rules, and regulations have been
                followed;
                    ``(B) describe any problems with the administration
                of the applicable classification policies, procedures,
                rules, and regulations, including specific non-
                compliance issues;
                    ``(C) recommend improvements in awareness and
                training to address any problems identified in
                subparagraph (B); and
                    ``(D) report at least annually to the Committee on
                Homeland Security of the House of Representatives, the
                Committee on Homeland Security and Governmental Affairs
                of the Senate, and the public, in an appropriate
                format, on the findings of the Inspector General's
                audits under this section;
            ``(5) establish a process whereby employees may challenge
        original classification decisions made by Department employees
        or contractors and be rewarded with specific incentives for
        successful challenges resulting in the removal of
        classification markings or the downgrading of them;
            ``(6) inform employees and contractors that failure to
        comply with the policies, procedures, and programs established
        under this section could subject them to a series of penalties;
        and
            ``(7) institute a series of penalties for employees and
        contractors who repeatedly fail to comply with the policies,
        procedures, and programs established under this section after
        having received both notice of their noncompliance and
        appropriate training or re-training to address such
        noncompliance.
    ``(c) Finished Intelligence Product Defined.--The term `finished
intelligence product' means a document in which an intelligence analyst
has evaluated, interpreted, integrated, or placed into context raw
intelligence or information.''.

SEC. 4. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION WITHIN THE
              DEPARTMENT OF HOMELAND SECURITY.

    Subtitle A of title II of the Homeland Security Act of 2002 (6
U.S.C. 121 et seq.) is further amended by adding at the end the
following new section:

``SEC. 210G. ENFORCEMENT OF OVER-CLASSIFICATION PREVENTION PROGRAMS.

    ``(a) Personal Identifiers.--The Secretary shall--
            ``(1) assess the technologies available or in use at the
        Department by which an electronic personal identification
        number or other electronic identifying marker can be assigned
        to each Department employee and contractor with original
        classification authority in order to--
                    ``(A) track which documents have been classified by
                a particular employee or contractor;
                    ``(B) determine the circumstances when such
                documents have been shared;
                    ``(C) identify and address over-classification
                problems, including the misapplication of
                classification markings to documents that do not merit
                such markings; and
                    ``(D) assess the information sharing impact of any
                such problems or misuse;
            ``(2) develop an implementation plan for a Department
        standard for such technology with appropriate benchmarks, a
        timetable for its completion, and cost estimate for the
        creation and implementation of a system of electronic personal
        identification numbers or other electronic identifying markers
        for all relevant Department employees and contractors; and
            ``(3) upon completion of the implementation plan described
        in paragraph (2), or not later than 180 days after the date of
        the enactment of the Reducing Over-Classification Act of 2008,
        whichever is earlier, the Secretary shall provide a copy of the
        plan to the Committee on Homeland Security of the House of
        Representatives and the Committee on Homeland Security and
        Governmental Affairs of the Senate.
    ``(b) Training.--The Secretary, in coordination with the Archivist
of the United States, shall--
            ``(1) require annual training for each Department employee
        and contractor with classification authority or those
        responsible for analysis, dissemination, preparation,
        production, receiving, publishing, or otherwise communicating
        written classified information, including training to--
                    ``(A) educate each employee and contractor about--
                            ``(i) the Department's requirement that all
                        classified finished intelligence products that
                        they create be simultaneously prepared in
                        unclassified form in a standard format
                        prescribed by the Department, provided that the
                        unclassified product would reasonably be
                        expected to be of any benefit to a State,
                        local, tribal, or territorial government, law
                        enforcement agency, or other emergency response
                        provider, or the private sector, based on input
                        provided by the Interagency Threat Assessment
                        and Coordination Group Detail established under
                        section 210D;
                            ``(ii) the proper use of classification
                        markings, including portion markings; and
                            ``(iii) the consequences of over-
                        classification and other improper uses of
                        classification markings, including the
                        misapplication of classification markings to
                        documents that do not merit such markings, and
                        of failing to comply with the Department's
                        policies and procedures established under or
                        pursuant to this section, including the
                        negative consequences for the individual's
                        personnel evaluation, homeland security,
                        information sharing, and the overall success of
                        the Department's missions;
                    ``(B) serve as a prerequisite, once completed
                successfully, as evidenced by an appropriate
                certificate, for--
                            ``(i) obtaining classification authority;
                        and
                            ``(ii) renewing such authority annually;
                        and
                    ``(C) count as a positive factor, once completed
                successfully, in the Department's employment,
                evaluation, and promotion decisions; and
            ``(2) ensure that such program is conducted efficiently, in
        conjunction with any other security, intelligence, or other
        training programs required by the Department to reduce the
        costs and administrative burdens associated with the additional
        training required by this section.
    ``(c) Detailee Program.--The Secretary shall--
            ``(1) implement a Departmental detailee program to detail
        Departmental personnel to the National Archives and Records
        Administration for one year, for the purpose of--
                    ``(A) training and educational benefit for the
                Department personnel assigned so that they may better
                understand the policies, procedures and laws governing
                original classification authorities;
                    ``(B) bolstering the ability of the National
                Archives and Records Administration to conduct its
                oversight authorities over the Department and other
                Departments and agencies; and
                    ``(C) ensuring that the policies and procedures
                established by the Secretary remain consistent with
                those established by the Archivist of the United
                States;
            ``(2) ensure that the program established under paragraph
        (1) includes at least one individual for each Department office
        with delegated original classification authority; and
            ``(3) in coordination with the Archivist of the United
        States, report to Congress not later than 90 days after the
        conclusion of the first year of the program established under
        paragraph (1), on--
                    ``(A) the advisability of expanding the program on
                a government-wide basis, whereby other departments and
                agencies would send detailees to the National Archives
                and Records Administration; and
                    ``(B) the administrative and monetary costs of full
                compliance with this section.
    ``(d) Sunset of Detailee Program.--Except as otherwise provided by
law, subsection (c) shall cease to have effect on December 31, 2012.
    ``(e) Finished Intelligence Product Defined.--The term `finished
intelligence product' has the meaning given the term in section
210F(c).''.

SEC. 5. TECHNICAL AMENDMENT.

    The table of contents in section 1(b) of the Homeland Security Act
of 2002 (6 U.S.C. 101(b)) is amended by adding after the item relating
to section 210E the following new items:

``Sec. 210F. Over-classification prevention program.
``Sec. 210G. Enforcement of over-classification prevention programs.''.

            Passed the House of Representatives July 30, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Capture Prevention Act of
2011''.

SEC. 2. OFFICE OF REGULATORY INTEGRITY.

    (a) In General.--Chapter 5 of title 31, United States Code, is
amended by inserting after section 507 the following:
``Sec. 508. Office of Regulatory Integrity
    ``(a) Definitions.--In this section--
            ``(1) the term `Administrator' means the Administrator of
        the Office of Regulatory Integrity;
            ``(2) the term `agency'--
                    ``(A) means each authority of the Government of the
                United States, whether or not it is within or subject
                to review by another agency; and
                    ``(B) does not include--
                            ``(i) the Government Accountability Office;
                        or
                            ``(ii) the Congressional Budget Office; and
            ``(3) the term `relevant committees of Congress' means--
                    ``(A) the Committee on Homeland Security and
                Governmental Affairs of the Senate;
                    ``(B) the Committee on Appropriations of the
                Senate;
                    ``(C) the Committee on the Judiciary of the Senate;
                    ``(D) the Committee on Oversight and Government
                Reform of the House of Representatives;
                    ``(E) the Committee on Appropriations of the House
                of Representatives;
                    ``(F) the Committee on the Judiciary of the House
                of Representatives; and
                    ``(G) with respect to a report other than the
                annual report, any committee in the Senate or House of
                Representatives that exercises oversight authority over
                an agency discussed in the report.
    ``(b) Office of Regulatory Integrity.--
            ``(1) Establishment.--There is established in the Office of
        Management and Budget an office to be known as the Office of
        Regulatory Integrity.
            ``(2) Administrator.--There shall be at the head of the
        Office of Regulatory Integrity an Administrator who shall be
        appointed by the President, by and with the advice and consent
        of the Senate.
    ``(c) Functions of Administrator.--
            ``(1) In general.--In order to defeat regulatory capture
        and related threats to the integrity of Federal agencies, the
        Administrator shall investigate and report on the influence of
        concentrated economic interests on Federal agencies, and
        components thereof, that results in--
                    ``(A) agency action or inaction that fails to
                advance the congressionally assigned mission of the
                agency or is otherwise inimical to the public interest;
                    ``(B) regulation, licensing, adjudication, grants,
                or other agency action that--
                            ``(i) favors a limited number of economic
                        interests at the expense of the agency's
                        congressionally assigned mission; or
                            ``(ii) is otherwise inimical to the public
                        interest;
                    ``(C) enforcement priorities that are not
                reasonably calculated to accomplish the goals of the
                regulatory program in question; or
                    ``(D) a loss of confidence in the integrity of the
                regulatory process.
            ``(2) Recommendations by the administrator.--When reporting
        on the influence of concentrated economic interests on an
        agency, the Administrator shall include recommendations that,
        if implemented, would restore integrity to the regulatory
        process by enhancing the capacity of the agency to resist such
        influence.
            ``(3) Comments by federal agencies.--Unless the
        Administrator determines that the public interest requires
        immediate release, the Administrator shall--
                    ``(A) provide a copy of a report to the relevant
                Federal agencies not less than 30 days before the
                completion of a report by the Administrator; and
                    ``(B) include the comments of the relevant Federal
                agencies as addenda to the report upon release.
            ``(4) Coordination with inspectors general.--The
        Administrator shall inform the inspectors general of the
        relevant Federal agencies upon initiation of an investigation
        and may coordinate with the inspectors general as the
        Administrator concludes is appropriate to fulfill the
        responsibilities established by this section.
    ``(d) Authority of Administrator.--
            ``(1) In general.--In addition to the authority otherwise
        provided by this section, the Administrator, in carrying out
        the provisions of this section, is authorized to--
                    ``(A) have access to all records, reports, audits,
                reviews, documents, papers, recommendations, or other
                material available to the applicable agency which
                relate to regulatory activities with respect to which
                the Administrator has responsibilities under this
                section;
                    ``(B) make such investigations and reports relating
                to the administration of the programs and operations of
                the applicable agency as are, in the judgment of the
                Administrator, necessary or desirable;
                    ``(C) request such information or assistance as may
                be necessary to carry out the duties and
                responsibilities provided by this section from any
                Federal, State, or local governmental agency or unit
                thereof;
                    ``(D) require by subpoena the production of all
                information, documents, reports, answers, records,
                accounts, papers, and other data in any medium
                (including electronically stored information, as well
                as any tangible thing) and documentary evidence
                necessary in the performance of the functions assigned
                by this section, which subpoena, in the case of
                contumacy or refusal to obey, shall be enforceable by
                order of any appropriate United States District Court,
                except that procedures other than subpoenas shall be
                used by the Administrator to obtain documents and
                information from Federal agencies;
                    ``(E) administer to or take from any person an
                oath, affirmation, or affidavit, whenever necessary in
                the performance of the functions assigned by this
                section, which oath, affirmation, or affidavit when
                administered or taken by or before an employee of the
                Office of Regulatory Integrity designated by the
                Administrator shall have the same force and effect as
                if administered or taken by or before an officer having
                a seal;
                    ``(F) have direct and prompt access to the head of
                the agency involved when necessary for any purpose
                pertaining to the performance of functions and
                responsibilities under this section;
                    ``(G) select, appoint, and employ such officers and
                employees as may be necessary to carry out the
                functions, powers, and duties of the Office of
                Regulatory Integrity subject to the provisions of title
                5, governing appointments in the competitive service,
                and the provisions of chapter 51 and subchapter III of
                chapter 53 of such title relating to classification and
                General Schedule pay rates;
                    ``(H) obtain services as authorized by section 3109
                of title 5 at daily rates not to exceed the equivalent
                rate prescribed for a position at level IV of the
                Executive Schedule; and
                    ``(I) the extent and in such amounts as may be
                provided in advance by appropriations Acts, enter into
                contracts and other arrangements for audits, studies,
                analyses, and other services with public agencies and
                with private persons, and to make such payments as may
                be necessary to carry out the provisions of this
                section.
            ``(2) Information and assistance.--
                    ``(A) Information and assistance by head of
                agency.--Upon request of the Administrator for
                information or assistance under paragraph (1), the head
                of any agency involved shall, insofar as is practicable
                and not in contravention of any statutory restriction
                or regulation of the agency from which the information
                is requested, furnish to the Administrator, or to an
                authorized designee, such information or assistance.
                    ``(B) Information and assistance by inspectors
                general.--Upon request of the Administrator for
                information or assistance under paragraph (1), the
                Inspector General of any agency involved shall, insofar
                as is practicable and not in contravention of any
                statutory restriction or regulation of the agency from
                which the information is requested, furnish to the
                Administrator, or to an authorized designee, such
                information or assistance.
                    ``(C) Reports of inspectors general.--The inspector
                general of each agency shall provide copies of all
                reports issued by that inspector general to the
                Administrator in a timely manner, and may provide the
                Administrator at any time with information the
                inspector general believes relevant to the performance
                of the Administrator's duties.
                    ``(D) Details of employees.--Upon request of the
                Administrator, the head of any agency shall, to the
                extent reasonably practicable, and on a reimbursable
                basis, detail personnel of that agency to the Office of
                Regulatory Integrity to assist it in carrying out its
                duties under this section.
                    ``(E) Reports to heads of agencies.--Whenever
                information or assistance requested under paragraph (1)
                is, in the judgment of the Administrator, unreasonably
                refused or not provided, the Administrator shall report
                the circumstances to the head of the agency involved
                without delay.
            ``(3) Limitation on authority.--Except as provided in
        paragraphs (1) (A) and (F) and (2) (A), (B), and (D), the
        Administrator may not control or direct any law enforcement
        agency, including the Department of Justice, in the exercise of
        the Administrator's investigative authority.
    ``(e) Consultation With Government Accountability Office.--
            ``(1) In general.--The Administrator may consult with the
        Government Accountability Office as to the scope and focus of
        an investigation.
            ``(2) Comments by the government accountability office.--
        Unless the Administrator determines that the public interest
        requires immediate release, the Administrator shall--
                    ``(A) provide a copy of a report to the Government
                Accountability Office not less than 30 days before the
                completion of a report by the Administrator; and
                    ``(B) include the comments of the Government
                Accountability Office as addenda to the report upon
                release.
            ``(3) Availability of reports.--Subject to the restrictions
        under subsection (g), the Administrator shall make all reports
        available to the Government Accountability Office.
            ``(4) Comments by government accountability office.--Not
        later than 60 days after receipt of a report from the
        Administrator, the Government Accountability Office shall
        publish written comments on the methodology and conclusions of
        the report.
            ``(5) Further investigations by administrator.--Upon
        request for further investigation by the Government
        Accountability Office, the Administrator shall--
                    ``(A) perform the requested investigation as
                promptly as reasonably feasible; or
                    ``(B) provide the Government Accountability Office
                with a written explanation why the Administrator has
                chosen not to pursue further investigation.
            ``(6) Further investigations by the government
        accountability office.--Except as otherwise proscribed by law,
        the Government Accountability Office may perform any further
        investigation it determines appropriate.
    ``(f) Consultation With Administrative Conference of the United
States.--
            ``(1) In general.--Not later than 180 days after the date
        of enactment of the Regulatory Capture Prevention Act of 2011,
        the Administrative Conference of the United States shall
        provide the Administrator with written guidance on--
                    ``(A) the principal means by which concentrated
                economic interests wield influence across the Federal
                agencies;
                    ``(B) the most salient threats to regulatory
                integrity arising from that influence; and
                    ``(C) effective measures to minimize regulatory
                capture.
            ``(2) Guidance.--On a continuing basis, the Administrator
        shall develop, in consultation with the Administrative
        Conference of the United States, written guidance describing
        the most pervasive threats to regulatory integrity and the
        factors that primarily inform the exercise of the
        Administrator's investigatory discretion.
            ``(3) Comments.--The Administrative Conference of the
        United States shall, to the extent it determines appropriate,
        comment upon reports issued by the Administrator.
    ``(g) Reports to Congress; Public Release.--
            ``(1) In general.--Not later than 30 days after completion
        of each report, the Administrator shall submit that report to
        the relevant committees of Congress. The relevant committees of
        Congress shall hold hearings on the report as the committees
        determine appropriate.
            ``(2) Annual reports.--
                    ``(A) In general.--Not later than April 30 of each
                year, the Administrator shall prepare and provide to
                the relevant committees of Congress an annual report
                summarizing the activities of the Office of Regulatory
                Integrity during the immediately preceding 12-month
                period ending March 31.
                    ``(B) Contents.--Reports under this paragraph shall
                include--
                            ``(i) a description of significant
                        problems, abuses, and deficiencies relating to
                        the undue influence in agencies of concentrated
                        economic interests during the reporting period;
                            ``(ii) a description of the recommendations
                        for corrective action made by the Office of
                        Regulatory Integrity during the reporting
                        period with respect to significant problems,
                        abuses, or deficiencies identified under clause
                        (i);
                            ``(iii) an identification of each
                        significant recommendation described in
                        previous semiannual reports on which corrective
                        action has not been completed;
                            ``(iv) a summary of each report issued by
                        the Office of Regulatory Integrity; and
                            ``(v) a financial report for the Office of
                        Regulatory Integrity.
            ``(3) Public disclosure.--
                    ``(A) In general.--Not later than 30 days after the
                transmission of the annual report to the Congress, the
                Administrator shall make copies of such report
                available on a publicly available Internet website.
                    ``(B) Limitations on disclosures.--Nothing in this
                paragraph shall be construed to authorize the public
                disclosure of information which is--
                            ``(i) specifically prohibited from
                        disclosure by any other provision of law;
                            ``(ii) specifically required by Executive
                        order to be protected from disclosure in the
                        interest of national defense or national
                        security or in the conduct of foreign affairs;
                        or
                            ``(iii) a part of an ongoing criminal
                        investigation.
                    ``(C) Information in public record.--
                Notwithstanding subparagraph (B), any report under this
                subsection may be disclosed to the public in a form
                which includes information with respect to a part of an
                ongoing criminal investigation if such information has
                been included in a public record.
                    ``(D) No withholding of information from
                congress.--Nothing in this section shall be construed
                to authorize or permit the withholding of information
                from the Congress, or from any committee or
                subcommittee thereof, except as otherwise authorized by
                law.
    ``(h) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year such sums as may be necessary to
carry out this section.''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 5 of title 31, United States Code, is amended by inserting
after the item relating to section 507 the following:

``Sec. 508. Office of Regulatory Integrity.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by section 2 shall take effect 90 days after
the date of enactment of this Act.