SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Defense Reinvestment and High-Tech
Job Creation Act of 1993''.

SEC. 2. DEFENSE CONVERSION CREDIT.

    (a) General Rule.--Section 46 of the Internal Revenue Code of 1986
(relating to amount of investment credit) is amended--
            (1) by striking ``and'' at the end of paragraph (2),
            (2) by striking the period at the end of paragraph (3) and
        inserting ``, and'', and
            (3) by adding at the end thereof the following new
        paragraph:
            ``(4) the defense conversion credit.''
    (b) Defense Conversion Credit.--Section 48 of such Code is amended
by adding at the end thereof the following new subsection:
    ``(c) Defense Conversion Credit.--
            ``(1) In general.--For purposes of section 46, the defense
        conversion credit for any taxable year is the sum of--
                    ``(A) the defense conversion employment credit for
                the taxable year, and
                    ``(B) the defense conversion investment credit for
                the taxable year.
            ``(2) Defense conversion employment credit.--
                    ``(A) In general.--The defense conversion
                employment credit for any taxable year is 10 percent of
                the qualified wages paid or incurred by a qualified
                employer during such year.
                    ``(B) Qualified wages.--For purposes of this
                subsection--
                            ``(i) In general.--The term `qualified
                        wages' means the wages (as defined in clause
                        (ii)) paid or incurred by the qualified
                        employer during the taxable year to, and
                        amounts paid or incurred by the qualified
                        employer to third parties for retraining
                        expenses with respect to, qualified conversion
                        employees during the period commencing on July
                        31, 1993, and ending on December 31, 1995 (`the
                        qualified period').
                            ``(ii) Wages defined.--Except as provided
                        in subparagraph (C)(ii), the term `wages' has
                        the meaning given to such term by subsection
                        (b) of section 3306 (determined without regard
                        to any dollar limitation contained in such
                        section), but the amount of wages during any
                        taxable year which may be taken into account
                        with respect to any individual shall not exceed
                        25 percent of the wages (determined without
                        regard to this subsection) paid to such
                        individual during such taxable year or portion
                        thereof included within the qualified period.
                            ``(iii) Retraining expenses.--The term
                        `retraining expenses' includes all amounts paid
                        or incurred with respect to educational or
                        training programs in which a qualified
                        conversion employee participates to learn or
                        improve skills necessary or useful to such
                        employee's employment in the qualified
                        employer's nondefense-related business.
                    ``(C) Qualified conversion employees.--
                            ``(i) In general.--For purposes of this
                        subsection, the term `qualified conversion
                        employees' means an employee of a qualified
                        employer who had been employed by the qualified
                        employer or another employer in a defense-
                        related business and who is employed by the
                        qualified employer in a nondefense-related
                        business during the taxable year.
                            ``(ii) Proration in case of dual
                        employment.--If a qualified conversion employee
                        is employed by the qualified employer in both a
                        defense-related business and a nondefense-
                        related business during the taxable year, only
                        the portion of the employee's wages properly
                        allocable to employment in the nondefense-
                        related business shall be treated as `wages'
                        for purposes of subparagraph (B)(ii).
                    ``(D) Qualified employer.--For purposes of this
                paragraph, a qualified employer is an employer which is
                engaged in a qualified business (as defined in
                paragraph (3)(D)).
            ``(3) Defense conversion investment credit.--
                    ``(A) In general.--The defense conversion
                investment credit for any taxable year is the
                applicable percentage of the qualified conversion
                investment by a qualified business during the taxable
                year.
                    ``(B) Applicable percentage.--For purposes of this
                paragraph--
                            ``(i) In general.--The applicable
                        percentage shall be 7 percent for all taxable
                        years ending after December 31, 1992, and on or
                        before December 31, 1994, and shall be 5
                        percent for all taxable years ending after
                        December 31, 1994, and on or before December
                        31, 1999.
                            ``(ii) Incremental employment incentive
                        percentage.--The applicable percentage shall be
                        10 percent for any taxable year ending after
                        December 31, 1992, and on or before December
                        31, 1994, and shall be 8 percent for any
                        taxable year ending after December 31, 1994,
                        and on or before December 31, 1999, if in such
                        year the number of employees of the qualified
                        business increases 4 percent or more over the
                        average number of employees of the qualified
                        business during the 3 preceding years (the
                        `qualifying increase').
                            ``(iii) Recapture in case of decreased
                        employment.--If a qualified business claims the
                        benefit of the incremental employment incentive
                        percentage under clause (ii), and its average
                        employment during any of the 3 years following
                        the year in which the benefit of the increased
                        percentage was claimed falls below the
                        qualifying increase level (a `disqualifying
                        decrease'), the qualified business shall
                        increase its tax liability for the year during
                        which the disqualifying decrease occurred by
                        the difference between the credit to which it
                        would have been entitled under clause (i) and
                        the credit claimed under clause (ii).
                    ``(C) Qualified conversion investment.--For
                purposes of this paragraph--
                            ``(i) In general.--The term `qualified
                        conversion investment' means the costs paid or
                        incurred by a qualified business during the
                        taxable year for the purpose of acquiring,
                        constructing, creating, or developing any
                        tangible or intangible assets, in connection
                        with the conduct of the qualified business'
                        nondefense-related business, except that such
                        term shall not include direct production costs
                        of any property held by the qualified business
                        for sale to customers in the ordinary course of
                        its trade or business.
                            ``(ii) Intangible assets.--The term
                        `intangible assets' includes all `intangible
                        property' as defined in section 936(h)(3)(B)
                        (other than literary, musical or artistic
                        compositions) and specifically includes
                        processes and products, models, and prototypes.
                    ``(D) Qualified business.--For purposes of this
                subsection and pursuant to regulations to be prescribed
                by the Secretary--
                            ``(i) In general.--The term `qualified
                        business' means any corporation, partnership,
                        or sole proprietorship or separate unit thereof
                        in existence on January 1, 1993, which derived
                        a substantial portion of its gross receipts or
                        incurred a substantial portion of its gross
                        costs during the 5 years preceding January 1,
                        1993, from 1 or more defense-related
                        businesses, and which derives a significant
                        portion of its gross receipts from (or incurs a
                        significant amount of costs in acquiring or
                        developing) 1 or more nondefense-related
                        businesses during the taxable year.
                            ``(ii) Defense-related business.--A
                        `defense-related business' is an activity in
                        connection with the development or production
                        (pursuant to a contract or subcontract) of any
                        property designed, modified, or equipped for
                        military purposes (including NASA).
                            ``(iii) Nondefense-related business.--A
                        `nondefense-related business' is any activity
                        in connection with the development or
                        production of any property not designed,
                        modified, or equipped for military purposes
                        which uses a significant portion of assets and
                        employees which had been employed in a defense-
                        related business.''
    (c) Accelerated Depreciation of Excess Defense Conversion
Property.--
            (1) Subsection (b)(3) of section 168 of such Code is
        amended by adding at the end thereof the following new
        subparagraph:
                    ``(F) Property described in subsection
                (e)(3)(B)(vii).''
            (2) Subsection (e)(3)(B) of section 168 of such Code is
        amended by striking ``and'' at the end of clause (v), by
        striking the period at the end of clause (vi) and inserting ``,
        and'', and by adding at the end thereof the following new
        clause:
                            ``(vii) any qualifying excess defense
                        conversion property.''
            (3) Subsection (i) of section 168 of such Code is amended
        by adding at the end thereof the following new paragraph:
            ``(14) Qualifying excess defense conversion property.--
                    ``(A) The term `qualifying excess defense
                conversion property' means, with respect to property
                owned or leased by the taxpayer and otherwise subject
                to depreciation under this section and which is `excess
                defense conversion property' (as defined in
                subparagraph (B)), the basis of property (or the
                portion thereof) constituting excess defense conversion
                property owned by the taxpayer or the total discounted
                cost of lease obligations during the remaining term of
                the lease applicable to excess conversion property
                leased by the taxpayer.
                    ``(B) The term `excess defense conversion property'
                means property that--
                            ``(i) has been used by the taxpayer in a
                        defense-related business (as defined in section
                        48(c)(3)(D)); and
                            ``(ii) is not being used in the taxable
                        year, and is not reasonably expected to be used
                        in the foreseeable future, in a defense-related
                        business.
                    ``(C) Any deductions claimed by a taxpayer with
                respect to property reported on its return as
                qualifying excess defense conversion property and which
                is later determined as not constituting excess defense
                conversion property shall be recaptured at the rate of
                150 percent of the deductions so claimed.
                    ``(D) For purposes of this section, the amount of
                the property's basis constituting qualifying excess
                defense conversion property shall be considered to be
                placed in service on the first day of the taxable year
                in which the property is determined to constitute
                qualifying excess defense conversion property.''
    (d) Effective Date.--The amendments made by this section shall take
effect on July 31, 1993.


SECTION 1. DESIGNATION OF TAUNTON RIVER, MASSACHUSETTS.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
    ``(__) Taunton River, Massachusetts.--The main stem of the Taunton
River from its headwaters at the confluence of the Town and Matfield
Rivers in the Town of Bridgewater downstream 40 miles to the confluence
with the Quequechan River at the Route 195 Bridge in the City of Fall
River, to be administered by the Secretary of the Interior in
cooperation with the Taunton River Stewardship Council as follows:
            ``(A) The 18-mile segment from the confluence of the Town
        and Matfield Rivers to Route 24 in the Town of Raynham, as a
        scenic river.
            ``(B) The 5-mile segment from Route 24 to 0.5 miles below
        Weir Bridge in the City of Taunton, as a recreational river.
            ``(C) The 8-mile segment from 0.5 miles below Weir Bridge
        to Muddy Cove in the Town of Dighton, as a scenic river.
            ``(D) The 9-mile segment from Muddy Cove to the confluence
        with the Quequechan River at the Route 195 Bridge in the City
        of Fall River, as a recreational river.''.

SEC. 2. MANAGEMENT OF TAUNTON RIVER, MASSACHUSETTS.

    (a) Taunton River Stewardship Plan.--
            (1) In general.--Each river segment added to section 3(a)
        of the Wild and Scenic Rivers Act by section 1 of this Act
        shall be managed in accordance with the Taunton River
        Stewardship Plan, dated July 2005 (including any amendment to
        the Taunton River Stewardship Plan that the Secretary of the
        Interior (referred to in this section as the ``Secretary'')
        determines to be consistent with this Act).
            (2) Effect.--The Taunton River Stewardship Plan described
        in paragraph (1) shall be considered to satisfy each
        requirement relating to the comprehensive management plan
        required under section 3(d) of the Wild and Scenic Rivers Act
        (16 U.S.C. 1274(d)).
    (b) Cooperative Agreements.--To provide for the long-term
protection, preservation, and enhancement of each river segment added
to section 3(a) of the Wild and Scenic Rivers Act by section 1 of this
Act, pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic
Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter
into cooperative agreements (which may include provisions for financial
and other assistance) with--
            (1) the Commonwealth of Massachusetts (including political
        subdivisions of the Commonwealth of Massachusetts);
            (2) the Taunton River Stewardship Council; and
            (3) any appropriate nonprofit organization, as determined
        by the Secretary.
    (c) Relation to National Park System.--Notwithstanding section
10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each river
segment added to section 3(a) of the Wild and Scenic Rivers Act by
section 1 of this Act shall not be--
            (1) administered as a unit of the National Park System; or
            (2) subject to the laws (including regulations) that govern
        the administration of the National Park System.
    (d) Land Management.--
            (1) Zoning ordinances.--The zoning ordinances adopted by
        the Towns of Bridgewater, Halifax, Middleborough, Raynham,
        Berkley, Dighton, Freetown, and Somerset, and the Cities of
        Taunton and Fall River, Massachusetts (including any provision
        of the zoning ordinances relating to the conservation of
        floodplains, wetlands, and watercourses associated with any
        river segment added to section 3(a) of the Wild and Scenic
        Rivers Act by section 1 of this Act), shall be considered to
        satisfy each standard and requirement described in section 6(c)
        of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
            (2) Villages.--For the purpose of section 6(c) of the Wild
        and Scenic Rivers Act (16 U.S.C. 1277(c)), each town described
        in paragraph (1) shall be considered to be a village.
            (3) Acquisition of land.--
                    (A) Limitation of authority of secretary.--With
                respect to each river segment added to section 3(a) of
                the Wild and Scenic Rivers Act by section 1 of this
                Act, the Secretary may only acquire parcels of land--
                            (i) by donation; or
                            (ii) with the consent of the owner of the
                        parcel of land.
                    (B) Prohibition relating to acquisition of land by
                condemnation.--In accordance with section 6(c) of the
                Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), with
                respect to each river segment added to section 3(a) of
                the Wild and Scenic Rivers Act by section 1 of this
                Act, the Secretary may not acquire any parcel of land
                by condemnation.

SEC. 3. ENERGY AND CONGRESSIONAL REVIEW.

    The Secretary of the Interior, in consultation with the Secretary
of Energy and private industry, shall complete and submit to the
Committee on Natural Resources of the House of Representatives, the
Committee on Energy and Natural Resources of the Senate, and Senators
and Representatives from the States affected by the designation, a
report using the best available data and regarding the energy resources
available on the lands and waters included in the segments of the
Taunton River designated under section 2 of this Act. The report
shall--
            (1) contain the best available description of the energy
        resources available on the land and report on the specific
        amount of energy withdrawn from possible development; and
            (2) identify cubic feet of natural gas, natural gas
        transmission and storage potential, megawatts of geothermal,
        wind and solar energy that could be commercially produced,
        annual available biomass for energy production, and any
        megawatts of hydropower resources available, including tidal,
        traditional dams, and in-stream flow turbines.

SEC. 4. HUNTING, FISHING, TRAPPING, AND RECREATIONAL SHOOTING.

    Nothing in this Act shall be construed as affecting the authority,
jurisdiction, or responsibility of the Commonwealth of Massachusetts to
manage, control, or regulate fish and resident wildlife under State law
or regulations, including the regulation of hunting, fishing, trapping,
and recreational shooting. Nothing in this Act shall be construed as
limiting access for hunting, fishing, trapping, or recreational
shooting.

SEC. 5. DOMESTICALLY-PRODUCED ENERGY RESOURCES.

    Nothing in this Act shall impact the supply of domestically-
produced energy resources.

            Passed the House of Representatives July 16, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

                               By Robert F. Reeves,

                                                          Deputy Clerk.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Environmental
Protection Act''.

SEC. 2. REDESIGNATION OF ENVIRONMENTAL PROTECTION AGENCY AS DEPARTMENT
              OF ENVIRONMENTAL PROTECTION.

    (a) Redesignation.--The Environmental Protection Agency is
redesignated as the Department of Environmental Protection (hereinafter
in this Act referred to as the ``Department''), and shall be an
executive department in the executive branch of the Government.
    (b) Secretary of Environmental Protection.--(1) There shall be at
the head of the Department a Secretary of Environmental Protection
(hereinafter in this Act referred to as the ``Secretary'') who shall be
appointed by the President, by and with the advice and consent of the
Senate, except as provided in paragraph (2).
    (2) If so designated by the President, the individual who has been
nominated and confirmed and is serving as the Administrator of the
Environmental Protection Agency on the date of enactment of this Act
shall become the Secretary of Environmental Protection, without
reconfirmation by the Senate.
    (c) Transfer of Function, Powers, and Duties.--The functions,
powers, and duties of each officer and employee of the Environmental
Protection Agency are transferred to and vested in the corresponding
officer or employee of the Department.
    (d) Delegation of Authority.--The Secretary may, consistent with
other laws--
            (1) delegate any functions, powers, or duties, including
        the promulgation of regulations, to such officers and employees
        of the Department as the Secretary may designate; and
            (2) authorize such successive redelegations of such
        functions, powers, or duties within the Department as the
        Secretary considers necessary or appropriate.

SEC. 3. REFERENCES.

    Any reference in any other Federal law, Executive order, rule,
regulation, reorganization plan, or delegation of authority, or in any
document--
            (1) to the Environmental Protection Agency is deemed to
        refer to the Department of Environmental Protection;
            (2) to the Administrator of the Environmental Protection
        Agency is deemed to refer to the Secretary of Environmental
        Protection; and
            (3) to a subordinate official of the Environmental
        Protection Agency is deemed to refer to the corresponding
        official of the Department of Environmental Protection.

SEC. 4. SAVINGS PROVISIONS.

    (a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, grants, contracts,
certificates, licenses, privileges, agreements, registrations, and
other administrative actions--
            (1) which have been issued, made, granted or allowed to
        become effective by the President, the Administrator or other
        authorized official of the Environmental Protection Agency, or
        by a court of competent jurisdiction, which relate to functions
        of the Administrator or any other officer or agent of the
        Environmental Protection Agency actions; and
            (2) which are in effect on the date of the enactment of
        this Act,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary, or other authorized official, by a court
of competent jurisdiction, or by operation of law.
    (b) Proceedings not Affected.--(1) This Act shall not affect any
proceeding, proposed rule, or application for any license, permit,
certificate, registration, or financial assistance pending before the
Environmental Protection Agency on the date of the enactment of this
Act, and the effect of any such proceeding, proposed rule, or
application shall continue. Orders shall be issued, and final
determinations shall be made, in any such proceeding, proposed rule, or
application, appeals shall be taken therefrom, and payments shall be
made pursuant to such orders, as if this Act had not been enacted, and
orders issued with respect to any such proceeding, proposed rule, or
application shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law.
    (2) Nothing in this subsection prohibits the discontinuance or
modification of any such proceeding, proposed rule, or application
under the same terms and conditions and to the same extent that such
proceeding, proposed rule, or application could have been discontinued
or modified if this Act had not been enacted.
    (c) Suits not Affected.--The provisions of this Act shall not
affect suits commenced before the date of enactment of this Act, and in
all such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this Act had
not been enacted.
    (d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced before the date of enactment of this Act by or against the
Environmental Protection Agency, or by or against any individual in the
official capacity of such individual as an officer of the Environmental
Protection Agency, shall abate by reason of the enactment of this Act.
    (e) Property and Resources.--The contracts, liabilities, records,
property, and other assets and interests of the Environmental
Protection Agency shall, after the date of enactment of this Act, be
considered to be the contracts, liabilities, records, property, and
other assets and interests of the Department of Environmental
Protection.

SEC. 5. CONFORMING AMENDMENTS.

    After consultation with the appropriate committees of Congress, the
Secretary shall prepare and submit to Congress proposed legislation
containing necessary and appropriate technical and conforming
amendments to the laws of the United States, to reflect the changes
made by this Act. Such proposed legislation shall be submitted not
later than one year after the date of enactment of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland Security
Component Privacy Officer Act of 2008''.

SEC. 2. ESTABLISHMENT OF PRIVACY OFFICIAL WITHIN EACH COMPONENT OF
              DEPARTMENT OF HOMELAND SECURITY.

    (a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by inserting after
section 222 the following new section:

``SEC. 222A. PRIVACY OFFICIALS.

    ``(a) Designation.--
            ``(1) In general.--For each component of the Department
        under paragraph (2), the Secretary shall, in consultation with
        the head of the component, designate a full-time privacy
        official, who shall report directly to the senior official
        appointed under section 222. Each such component privacy
        official shall have primary responsibility for its component in
        implementing the privacy policy for the Department established
        by the senior official appointed under section 222.
            ``(2) Components.--The components of the Department
        referred to in this subparagraph are as follows:
                    ``(A) The Transportation Security Administration.
                    ``(B) The Bureau of Citizenship and Immigration
                Services.
                    ``(C) Customs and Border Protection.
                    ``(D) Immigration and Customs Enforcement.
                    ``(E) The Federal Emergency Management Agency.
                    ``(F) The Coast Guard.
                    ``(G) The Directorate of Science and Technology.
                    ``(H) The Office of Intelligence and Analysis.
                    ``(I) The Directorate for National Protection and
                Programs.
    ``(b) Responsibilities.--Each privacy official designated under
subsection (a) shall report directly to both the head of the official's
component and the senior official appointed under section 222, and
shall have the following responsibilities with respect to the
component:
            ``(1) Serve as such senior official's main point of contact
        at the component to implement the polices and directives of
        such senior official in carrying out section 222.
            ``(2) Advise the head of that component on privacy
        considerations when any law, regulation, program, policy,
        procedure, or guideline is proposed, developed, or implemented.
            ``(3) Assure that the use of technologies by the component
        sustain or enhance privacy protections relating to the use,
        collection, and disclosure of personal information within the
        component.
            ``(4) Identify privacy issues related to component programs
        and apply appropriate privacy policies in accordance with
        Federal privacy law and Departmental policies developed to
        ensure that the component protects the privacy of individuals
        affected by its activities.
            ``(5) Monitor the component's compliance with all
        applicable Federal privacy laws and regulations, implement
        corrective, remedial, and preventive actions and notify the
        senior official appointed under section 222 of privacy issues
        or non-compliance, whenever necessary.
            ``(6) Ensure that personal information contained in Privacy
        Act systems of records is handled in full compliance with
        section 552a of title 5, United States Code.
            ``(7) Assist in drafting and reviewing privacy impact
        assessments, privacy threshold assessments, and system of
        records notices, in conjunction with and under the direction of
        the senior official appointed under section 222, for any new or
        substantially changed program or technology that collects,
        maintains, or disseminates personally identifiable information
        within the official's component.
            ``(8) Assist in drafting and reviewing privacy impact
        assessments, privacy threshold assessments, and system of
        records notices in conjunction with and under the direction of
        the senior official appointed under section 222, for proposed
        rulemakings and regulations within the component.
            ``(9) Conduct supervision of programs, regulations,
        policies, procedures, or guidelines to ensure the component's
        protection of privacy and, as necessary, promulgate guidelines
        and conduct oversight to ensure the protection of privacy.
            ``(10) Implement and monitor privacy training for component
        employees and contractors in coordination with the senior
        official appointed under section 222.
            ``(11) Provide the senior official appointed under section
        222 with written materials and information regarding the
        relevant activities of the component, including privacy
        violations and abuse, that are needed by the senior official to
        successfully prepare the reports the senior official submits to
        Congress and prepares on behalf of the Department.
            ``(12) Any other responsibilities assigned by the Secretary
        or the senior official appointed under section 222.
    ``(c) Role of Component Heads.--The head of a component identified
in subsection (a)(2) shall ensure that the privacy official designated
under subsection (a) for that component--
            ``(1) has the information, material, and resources
        necessary to fulfill the responsibilities of such official
        under this section;
            ``(2) is advised of proposed policy changes and the
        development of new programs, rules, regulations, procedures, or
        guidelines during the planning stage and is included in the
        decision-making process; and
            ``(3) is given access to material and personnel the privacy
        official deems necessary to carry out the official's
        responsibilities.
    ``(d) Limitation.--Nothing in this section shall be considered to
abrogate the role and responsibilities of the senior official appointed
under section 222.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item related to section 222
the following new item:

``Sec. 222A. Privacy officials.''.

            Passed the House of Representatives July 30, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland Security
Morale, Recognition, Learning and Engagement Act of 2017'' or the ``DHS
MORALE Act''.

SEC. 2. CHIEF HUMAN CAPITAL OFFICER RESPONSIBILITIES.

    Section 704 of the Homeland Security Act of 2002 (6 U.S.C. 344) is
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by inserting ``, including with respect
                        to leader development and employee
                        engagement,'' after ``policies'';
                            (ii) by striking ``and in line'' and
                        inserting ``, in line''; and
                            (iii) by inserting ``and informed by best
                        practices within the Federal government and the
                        private sector,'' after ``priorities,'';
                    (B) in paragraph (2), by striking ``develop
                performance measures to provide a basis for monitoring
                and evaluating'' and inserting ``evaluate, on an
                ongoing basis,'';
                    (C) in paragraph (3), by inserting ``that, to the
                extent practicable, are informed by employee
                feedback,'' after ``policies'';
                    (D) in paragraph (4), by inserting ``including
                leader development and employee engagement programs,''
                before ``in coordination'';
                    (E) in paragraph (5), by inserting before the
                semicolon at the end the following: ``that is informed
                by an assessment, carried out by the Chief Human
                Capital Officer, of the learning and developmental
                needs of employees in supervisory and non-supervisory
                roles across the Department and appropriate workforce
                planning initiatives'';
                    (F) by redesignating paragraphs (9) and (10) as
                paragraphs (11) and (12), respectively; and
                    (G) by inserting after paragraph (8) the following
                new paragraphs:
            ``(9) maintain a catalogue of available employee
        development opportunities, including the Homeland Security
        Rotation Program pursuant to section 844, departmental
        leadership development programs, interagency development
        programs, and other rotational programs;
            ``(10) ensure that employee discipline and adverse action
        programs comply with the requirements of all pertinent laws,
        rules, regulations, and Federal guidance, and ensure due
        process for employees;'';
            (2) by redesignating subsections (d) and (e) as subsections
        (e) and (f), respectively;
            (3) by inserting after subsection (c) the following new
        subsection:
    ``(d) Chief Learning and Engagement Officer.--The Chief Human
Capital Officer may designate an employee of the Department to serve as
a Chief Learning and Engagement Officer to assist the Chief Human
Capital Officer in carrying out this section.''; and
            (4) in subsection (e), as so redesignated--
                    (A) by redesignating paragraphs (2), (3), and (4)
                as paragraphs (5), (6), and (7), respectively; and
                    (B) by inserting after paragraph (1) the following
                new paragraphs:
            ``(2) information on employee development opportunities
        catalogued pursuant to paragraph (9) of subsection (b) and any
        available data on participation rates, attrition rates, and
        impacts on retention and employee satisfaction;
            ``(3) information on the progress of Department-wide
        strategic workforce planning efforts as determined under
        paragraph (2) of subsection (b);
            ``(4) information on the activities of the steering
        committee established pursuant to section 710(a), including the
        number of meeting, types of materials developed and
        distributed, and recommendations made to the Secretary;''.

SEC. 3. EMPLOYEE ENGAGEMENT STEERING COMMITTEE AND ACTION PLAN.

    (a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following new
section:

``SEC. 710. EMPLOYEE ENGAGEMENT.

    ``(a) Steering Committee.--Not later than 120 days after the date
of the enactment of this section, the Secretary shall establish an
employee engagement steering committee, including representatives from
operational components, headquarters, and field personnel, including
supervisory and non-supervisory personnel, and employee labor
organizations that represent Department employees, and chaired by the
Under Secretary for Management, to carry out the following activities:
            ``(1) Identify factors that have a negative impact on
        employee engagement, morale, and communications within the
        Department, such as perceptions about limitations on career
        progression, mobility, or development opportunities, collected
        through employee feedback platforms, including through annual
        employee surveys, questionnaires, and other communications, as
        appropriate.
            ``(2) Identify, develop, and distribute initiatives and
        best practices to improve employee engagement, morale, and
        communications within the Department, including through annual
        employee surveys, questionnaires, and other communications, as
        appropriate.
            ``(3) Monitor efforts of each component to address employee
        engagement, morale, and communications based on employee
        feedback provided through annual employee surveys,
        questionnaires, and other communications, as appropriate.
            ``(4) Advise the Secretary on efforts to improve employee
        engagement, morale, and communications within specific
        components and across the Department.
            ``(5) Conduct regular meetings and report, not less than
        once per quarter, to the Under Secretary for Management, the
        head of each component, and the Secretary on Department-wide
        efforts to improve employee engagement, morale, and
        communications.
    ``(b) Action Plan; Reporting.--The Secretary, acting through the
Chief Human Capital Officer, shall--
            ``(1) not later than 120 days after the date of the
        establishment of the steering committee under subsection (a),
        issue a Department-wide employee engagement action plan,
        reflecting input from the employee engagement steering
        committee established pursuant to subsection (a) and employee
        feedback provided through annual employee surveys,
        questionnaires, and other communications in accordance with
        paragraph (1) of such subsection, to execute strategies to
        improve employee engagement, morale, and communications within
        the Department; and
            ``(2) require the head of each component to--
                    ``(A) develop and implement a component-specific
                employee engagement plan to advance the action plan
                required under paragraph (1) that includes performance
                measures and objectives, is informed by employee
                feedback provided through annual employee surveys,
                questionnaires, and other communications, as
                appropriate, and sets forth how employees and, where
                applicable, their labor representatives are to be
                integrated in developing programs and initiatives;
                    ``(B) monitor progress on implementation of such
                action plan; and
                    ``(C) provide to the Chief Human Capital Officer
                and the steering committee quarterly reports on actions
                planned and progress made under this paragraph.
    ``(c) Termination.--This section shall terminate on the date that
is 5 years after the date of the enactment of this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 709 the following new item:

``Sec. 710. Employee engagement.''.
    (c) Submissions to Congress.--
            (1) Department-wide employee engagement action plan.--The
        Secretary of Homeland Security, acting through the Chief Human
        Capital Officer of the Department of Homeland Security, shall
        submit to the Committee on Homeland Security of the House of
        Representatives and the Committee on Homeland Security and
        Governmental Affairs of the Senate the Department-wide employee
        engagement action plan required under subsection (b)(1) of
        section 710 of the Homeland Security Act of 2002 (as added by
        subsection (a) of this section) not later than 30 days after
        the issuance of such plan under such subsection (b)(1).
            (2) Component-specific employee engagement plans.--Each
        head of a component of the Department of Homeland Security
        shall submit to the Committee on Homeland Security of the House
        of Representatives and the Committee on Homeland Security and
        Governmental Affairs of the Senate the component-specific
        employee engagement plan of each such component required under
        subsection (b)(2) of section 710 of the Homeland Security Act
        of 2002 (as added by subsection (a) of this section) not later
        than 30 days after the issuance of each such plan under such
        subsection (b)(2).

SEC. 4. ANNUAL EMPLOYEE AWARD PROGRAM.

    (a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.), as amended by section 3 of this Act, is further
amended by adding at the end the following new section:

``SEC. 711. ANNUAL EMPLOYEE AWARD PROGRAM.

    ``(a) In General.--The Secretary may establish an annual employee
award program to recognize Department employees or groups of employees
for significant contributions to the achievement of the Department's
goals and missions. If such a program is established, the Secretary
shall--
            ``(1) establish within such program categories of awards,
        each with specific criteria, that emphasizes honoring employees
        who are at the non-supervisory level;
            ``(2) publicize within the Department how any employee or
        group of employees may be nominated for an award;
            ``(3) establish an internal review board comprised of
        representatives from Department components, headquarters, and
        field personnel to submit to the Secretary award
        recommendations regarding specific employees or groups of
        employees;
            ``(4) select recipients from the pool of nominees submitted
        by the internal review board under paragraph (3) and convene a
        ceremony at which employees or groups of employees receive such
        awards from the Secretary; and
            ``(5) publicize such program within the Department.
    ``(b) Internal Review Board.--The internal review board described
in subsection (a)(3) shall, when carrying out its function under such
subsection, consult with representatives from operational components
and headquarters, including supervisory and non-supervisory personnel,
and employee labor organizations that represent Department employees.
    ``(c) Rule of Construction.--Nothing in this section may be
construed to authorize additional funds to carry out the requirements
of this section or to require the Secretary to provide monetary bonuses
to recipients of an award under this section.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002, as amended by section 3 of this Act,
is further amended by inserting after the item relating to section 710
the following new item:

``Sec. 711. Annual employee award program.''.

SEC. 5. INDEPENDENT INVESTIGATION AND IMPLEMENTATION PLAN.

    (a) In General.--Not later than 120 days after the date of the
enactment of this Act or the issuance of a report by the Inspector
General of the Department of Homeland Security on the extent to which
the Department has an equitable and consistent disciplinary process,
whichever is later, but in no case later than 1 year after such date of
enactment, the Comptroller General of the United States shall utilize,
if available, such report and investigate whether the application of
discipline and adverse actions are administered in an equitable and
consistent manner that results in the same or substantially similar
disciplinary outcomes across the Department for misconduct by a non-
supervisory or supervisor employee who engaged in the same or
substantially similar misconduct.
    (b) Consultation.--In carrying out the investigation described in
subsection (a), the Comptroller General of the United States shall
consult with the employee engagement steering committee established
pursuant to subsection (b)(1) of section 710 of the Homeland Security
Act of 2002 (as added by section 3(a) of this Act).
    (c) Action by Under Secretary for Management.--Upon completion of
the investigation described in subsection (a), the Under Secretary for
Management of the Department of Homeland Security shall review the
findings and recommendations of such investigation and implement a
plan, in consultation with the employee engagement steering committee
established pursuant to subsection (b)(1) of section 710 of the
Homeland Security Act of 2002, to correct any relevant deficiencies
identified by the Comptroller General of the United States. The Under
Secretary for Management shall direct the employee engagement steering
committee to review such plan to inform committee activities and action
plans authorized under such section 710.

SEC. 5. PROHIBITION ON NEW FUNDING.

    No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.

            Passed the House of Representatives June 20, 2017.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Veterans Affairs
Purchased Health Care Streamlining and Modernization Act''.

SEC. 2. AGREEMENTS.

    (a) In General.--Subchapter I of chapter 17 of title 38, United
States Code, is amended by inserting after section 1703 the following
new section:
``Sec. 1703A. Veterans Care Agreements with certain health care
              providers
    ``(a) Veterans Care Agreements.--(1) In addition to furnishing
hospital care, medical services, or extended care under this chapter at
facilities of the Department or under contracts or sharing agreements
entered into pursuant to provisions of law other than this section, the
Secretary may furnish such care and services to eligible veterans
through the use of agreements entered into under this section by the
Secretary with eligible providers.
    ``(2) The Secretary may enter into Veterans Care Agreements under
this section with eligible providers to furnish hospital care, medical
services, and extended care to veterans whom the Secretary determines
that furnishing such care and services at facilities of the Department
or under contracts or sharing agreements under provisions of law other
than this section is impracticable or inadvisable because of the
medical condition of the veteran, the travel involved, or the nature of
the care or services required, or a combination of such factors.
    ``(b) Veteran Eligibility.--Eligibility of a veteran for care and
services under this section shall be determined as if such care or
services were furnished in a facility of the Department, and provisions
of this title applicable to veterans receiving such care and services
in a facility of the Department shall apply to veterans receiving care
and services under this section.
    ``(c) Provider Eligibility.--Subject to the certification process
pursuant to subsection (d)(1), a provider of hospital care, medical
services, or extended care is eligible to enter into a Veterans Care
Agreement under this section if the Secretary determines that the
provider meets each of the following criteria:
            ``(1) The gross annual revenue of the provider in the year
        preceding the year in which the provider enters into the
        Veterans Care Agreement does not exceed $11,000,000 (as
        adjusted in a manner similar to amounts adjusted pursuant to
        section 5312 of this title).
            ``(2) The provider does not otherwise provide such care or
        services to patients pursuant to a contract entered into with a
        department or agency of the Federal Government.
            ``(3) The provider is--
                    ``(A) a provider of services that has enrolled and
                entered into a provider agreement under section 1866(a)
                of the Social Security Act (42 U.S.C. 1395cc(a));
                    ``(B) a physician or supplier that has enrolled and
                entered into a participation agreement under section
                1842(h) of such Act (42 U.S.C. 1395u(h));
                    ``(C) a provider of items and services receiving
                payment under a State plan under title XIX of such Act
                (42 U.S.C. 1396 et seq.) or a waiver of such a plan;
                    ``(D) an Aging and Disability Resource Center, an
                area agency on aging, or a State agency (as defined in
                section 102 of the Older Americans Act of 1965 (42
                U.S.C. 3002)); or
                    ``(E) a center for independent living (as defined
                in section 702 of the Rehabilitation Act of 1973 (29
                U.S.C. 796a)).
            ``(4) Any additional criteria determined appropriate by the
        Secretary.
    ``(d) Provider Certification.--(1) The Secretary shall establish a
process for the certification of eligible providers to enter into
Veterans Care Agreements under this section that shall, at a minimum,
set forth the following:
            ``(A) Procedures for the submission of applications for
        certification and deadlines for actions taken by the Secretary
        with respect to such applications.
            ``(B) Standards and procedures for the approval and denial
        of certifications and the revocation of certifications.
            ``(C) Procedures for assessing eligible providers based on
        the risk of fraud, waste, and abuse of such providers similar
        to the level of screening under section 1866(j)(2)(B) of the
        Social Security Act (42 U.S.C. 1395(j)(2)(B)) and the standards
        set forth under section 9.104 of title 48, Code of Federal
        Regulations, or any successor regulation.
            ``(D) Requirement for denial or revocation of certification
        if the Secretary determines that the otherwise eligible
        provider is--
                    ``(i) excluded from participation in a Federal
                health care program (as defined in section 1128B(f) of
                the Social Security Act (42 U.S.C. 1320a-7b(f))) under
                section 1128 or 1128A of the Social Security Act (42
                U.S.C. 1320a-7 and 1320a-7a); or
                    ``(ii) identified as an excluded source on the list
                maintained in the System for Award Management, or any
                successor system.
            ``(E) Procedures by which a provider whose certification is
        denied or revoked under the procedures established under this
        subsection will be identified as an excluded source on the list
        maintained in the System for Award Management, or successor
        system, if the Secretary determines that such exclusion is
        appropriate.
    ``(2) To the extent practicable, the Secretary shall establish the
procedures under paragraph (1) in a manner that takes into account any
certification process administered by another department or agency of
the Federal Government that an eligible provider has completed by
reason of being a provider described in any of subparagraphs (A)
through (E) of subsection (c)(3).
    ``(e) Terms of Agreements.--The Secretary shall ensure that each
Veterans Care Agreement include provisions requiring the eligible
provider to do the following:
            ``(1) To accept payment for care and services furnished
        under this section at rates established by the Secretary for
        purposes of this section, which shall be, to the extent
        practicable--
                    ``(A) the rates paid by the United States for such
                care to providers of services and suppliers under the
                Medicare program under title XVIII of the Social
                Security Act (42 U.S.C. 1395 et seq.);
                    ``(B) the rates paid by the United States pursuant
                to the Alaska Fee Schedule of the Department of
                Veterans Affairs;
                    ``(C) the rates paid by the United States pursuant
                to an All-Payer Model Agreement under the Social
                Security Act; or
                    ``(D) the rates paid by the United States in a
                highly rural area pursuant to section
                101(d)(2)(B)(ii)(I) of the Veterans Access, Choice, and
                Accountability Act of 2014 (38 U.S.C. 1701 note).
            ``(2) To accept payment under paragraph (1) as payment in
        full for care and services furnished under this section and to
        not seek any payment for such care and services from the
        recipient of such care.
            ``(3) To furnish under this section only the care and
        services authorized by the Department under this section unless
        the eligible provider receives prior written consent from the
        Department to furnish care and services outside the scope of
        such authorization.
            ``(4) To bill the Department for care and services
        furnished under this section in accordance with a methodology
        established by the Secretary for purposes of this section.
            ``(5) Not to seek to recover or collect from a health-plan
        contract or third party (as those terms are defined in section
        1729 of this title) for any care or services for which payment
        is made by the Department under this section.
            ``(6) To provide medical records for veterans furnished
        care and services under this section to the Department in a
        timeframe and format specified by the Secretary for purposes of
        this section, except the Secretary may not require that any
        payment by the Secretary to the eligible provider be contingent
        on such provision of medical records.
            ``(7) To meet other such terms and conditions, including
        quality of care assurance standards, as the Secretary may
        specify for purposes of this section.
    ``(f) Exclusion of Certain Federal Contracting Provisions.--(1)
Notwithstanding any other provision of law, the Secretary may enter
into a Veterans Care Agreement using procedures other than competitive
procedures.
    ``(2)(A) Except as provided in subparagraph (B) and unless
otherwise provided in this section, an eligible provider that enters
into a Veterans Care Agreement under this section is not subject to, in
the carrying out of the agreement, any provision of law that providers
of services and suppliers under the original Medicare fee-for-service
program under parts A and B of title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) or the Medicaid program under title XIX of
such Act (42 U.S.C. 1396 et seq.) are not subject to.
    ``(B) In addition to the provisions of laws covered by subparagraph
(A), an eligible provider shall be subject to the following provisions
of law:
            ``(i) Any applicable law regarding integrity, ethics, or
        fraud, or that subject a person to civil or criminal penalties.
            ``(ii) Section 431 of title 18.
            ``(iii) Section 1352 of title 31, except for the filing
        requirements under subsection (b) of such section.
            ``(iv) Section 4705 or 4712 of title 41, and any other
        applicable law regarding the protection of whistleblowers.
            ``(v) Section 4706(d) of title 41.
            ``(vi) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
        2000e et seq.) to the same extent as such title applies with
        respect to the eligible provider in providing care or services
        through an agreement or arrangement other than under a Veterans
        Care Agreement.
    ``(C) An eligible provider that receives a payment from the Federal
Government pursuant to a Veterans Care Agreement shall not be treated
as a Federal contractor or subcontractor by the Office of Federal
Contract Compliance Programs of the Department of Labor based on the
work performed or actions taken by such eligible provider that resulted
in the receipt of such payments.
    ``(g) Termination of Veterans Care Agreement.--(1) An eligible
provider may terminate a Veterans Care Agreement with the Secretary
under this section at such time and upon such notice to the Secretary
as the Secretary may specify for purposes of this section.
    ``(2) The Secretary may terminate a Veterans Care Agreement with an
eligible provider under this section at such time and upon such notice
to the eligible provider as the Secretary may specify for the purposes
of this section, if the Secretary--
            ``(A) determines that the eligible provider failed to
        comply with the provisions of the agreement or this section or
        other applicable provision of law;
            ``(B) makes a revocation pursuant to subsection (d)(1)(4);
            ``(C) ascertains that the eligible provider has been
        convicted of a felony or other serious offense under Federal or
        State law and determines that the continued participation of
        the eligible provider would be detrimental to the best
        interests of veterans of the Department; or
            ``(D) determines that it is reasonable to terminate the
        agreement based on the health care needs of veterans.
    ``(h) Duration; Mandatory Reviews.--(1) Each Veterans Care
Agreement entered into under this section shall be for a two-year
period unless the Secretary extends the agreement pursuant to paragraph
(2)(B).
    ``(2)(A) During the 180-day period beginning 540 days after the
date on which a Veterans Care Agreement is entered into or renewed, the
Secretary shall review the agreement to determine whether it is
feasible and advisable to instead furnish the hospital care, medical
services, or extended care furnished under the agreement at facilities
of the Department or through contracts or sharing agreements entered
into under authorities other than this section.
    ``(B) If the Secretary determines under subparagraph (A) that it is
not feasible and advisable to instead furnish hospital care, medical
services, or extended care furnished under a Veterans Care Agreement at
facilities of the Department or through contracts or sharing agreements
entered into under authorities other than this section, the Secretary--
            ``(i) shall prepare a written memorandum of such
        determination; and
            ``(ii) may renew such agreement.
    ``(i) Disputes.--(1) The Secretary shall establish administrative
procedures for eligible providers with which the Secretary has entered
into a Veterans Care Agreement to present any dispute arising under or
related to the agreement.
    ``(2) Before using any dispute resolution mechanism under chapter
71 of title 41 with respect to a dispute arising under a Veterans Care
Agreement under this section, an eligible provider must first exhaust
the administrative procedures established by the Secretary under
paragraph (1).
    ``(j) Annual Reports.--Not later than October 1 of the year
following the fiscal year in which the Secretary first enters into a
Veterans Care Agreement, and each year thereafter, the Secretary shall
submit to the appropriate congressional committees an annual report
that includes--
            ``(1) a list of all Veterans Care Agreements entered into
        as of the date of the report; and
            ``(2) summaries of each determination made by the Secretary
        under subsection (h)(2) during the fiscal year covered by the
        report.
    ``(k) Quality of Care.--In carrying out this section, the Secretary
shall use the quality of care standards set forth or used by the
Centers for Medicare & Medicaid Services.
    ``(l) Delegation.--The Secretary may delegate the authority to
enter into or terminate a Veterans Care Agreement, or to make a
determination described in subsection (h)(2), at a level not below the
Assistant Deputy Under Secretary for Health for Community Care.
    ``(m) Sunset.--The Secretary may not enter into or renew a Veterans
Care Agreement under this section after the date that is five years
after the enactment of this Act.
    ``(n) Definitions.--In this section:
            ``(1) The term `appropriate congressional committees'
        means--
                    ``(A) the Committees on Veterans' Affairs of the
                House of Representatives and the Senate; and
                    ``(B) the Committees on Appropriations of the House
                of Representatives and the Senate.
            ``(2) The term `eligible provider' means a provider of
        hospital care, medical services, or extended care that the
        Secretary determines is eligible to enter into Veterans Care
        Agreements under subsection (c).
            ``(3) The term `Veterans Care Agreement' means an agreement
        entered into by the Secretary with an eligible provider under
        subsection (a)(1).''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item related
to section 1703 the following new item:

``1703A. Veterans Care Agreements with certain health care
                            providers.''.
    (c) Regulations.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
prescribe interim final regulations to implement section 1703A of title
38, United States Code, as added by subsection (a), and publish such
regulations in the Federal Register.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Developing Resources Immediately and
Long-Term through Leases on Our Nation's Offshore Waters Act of 2008''
or the ``DRILL NOW Act of 2008''.

SEC. 2. TERMINATION OF LAWS PROHIBITING THE SPENDING OF APPROPRIATED
              FUNDS FOR OUTER CONTINENTAL SHELF LEASING ACTIVITIES.

    All provisions of existing Federal law prohibiting the spending of
appropriated funds to conduct oil and natural gas leasing and
preleasing activities for any area of the Outer Continental Shelf shall
have no force or effect.

SEC. 3. REVOCATION OF EXISTING PRESIDENTIAL WITHDRAWALS.

    All withdrawals of Federal submerged lands of the Outer Continental
Shelf from leasing, including withdrawals by the President under the
authority of section 12(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1341(a)), are hereby revoked and are no longer in effect with
respect to the leasing of areas for exploration for, and development
and production of, oil, and natural gas.

SEC. 4. REVOCATION OF EXISTING PRESIDENTIAL AUTHORITY.

    All authorities given to the President with respect to the leasing
of Federal submerged lands of the Outer Continental Shelf, given under
section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1341(a)), are hereby revoked, except in the interest of national
security.

SEC. 5. AVAILABILITY OF CERTAIN AREAS FOR LEASING.

    Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended by adding at the end the following:
    ``(q) Availability of Certain Areas for Leasing.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Governor.--The term `Governor' means the
                Governor of a State.
                    ``(B) Qualified revenues.--The term `qualified
                revenues' means all rentals, royalties, bonus bids, and
                other sums due and payable to the United States from
                leases entered into on or after the date of enactment
                of this Act for natural gas exploration and extraction
                activities authorized by the Secretary under this
                subsection.
            ``(2) Petition.--
                    ``(A) In general.--The Governor may submit to the
                Secretary a petition requesting that the Secretary
                issue leases authorizing the conduct of oil and natural
                gas exploration and extraction activities in any area
                that is at least 50 miles beyond the coastal zone of
                the State.
                    ``(B) Contents.--In any petition under subparagraph
                (A), the Governor shall include a detailed plan of the
                proposed exploration and extraction activities, as
                applicable.
            ``(3) Action by secretary.--
                    ``(A) In general.--Subject to subparagraph (D), as
                soon as practicable after the date of receipt of a
                petition under paragraph (2), the Secretary shall
                approve or deny the petition.
                    ``(B) Requirements for exploration and
                extraction.--The Secretary shall not approve a petition
                submitted under paragraph (2)(A) unless the State
                enacts legislation supporting exploration and
                extraction of oil and natural gas in the coastal zone
                of the State.
                    ``(C) Consistency with legislation.--The plan
                provided in the petition under paragraph (2)(B) shall
                be consistent with the legislation described in
                subparagraph (B) as applicable.
                    ``(D) Conflicts with military operations and
                national security.--The Secretary shall not approve a
                petition for a drilling activity under this paragraph
                if the drilling activity would conflict with any
                military operation or national security, as determined
                by the President.
            ``(4) Disposition of revenues.--Notwithstanding section 9,
        for each applicable fiscal year, the Secretary of the Treasury
        shall deposit--
                    ``(A) 25 percent of qualified revenues in a Clean
                and Alternative Energy Fund in the Treasury, which
                shall be established by the Secretary;
                    ``(B) 25 percent of qualified revenues in the
                general fund of the Treasury;
                    ``(C) 37.5 percent of qualified revenues in a
                special account in the Treasury from which the
                Secretary shall disburse to the State; and
                    ``(D) 6.25 percent to provide financial assistance
                to States in accordance with section 6 of the Land and
                Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8),
                which shall be considered income to the Land and Water
                Conservation Fund for purposes of section 2 of that Act
                (16 U.S.C. 460l-5); and
                    ``(E) 6.25 percent to a reserve fund to be used to
                mitigate for any environmental damage that occurs as a
                result of extraction activities authorized under this
                subsection, regardless of whether the damage is--
                            ``(i) reasonably foreseeable; or
                            ``(ii) caused by negligence, natural
                        disasters, or other acts.
            ``(5) Existing leases.--Any funds that would be received by
        the United States as royalties under any Federal oil and gas
        lease of an area on the outer Continental Shelf within 50 miles
        of the coastal zone of the State of Texas, Louisiana,
        Mississippi, or Alabama that is in effect on the date of
        enactment of the DRILL NOW Act of 2008 shall be paid to that
        State if the State enacts a statute that establishes a plan for
        expenditure of those funds.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Developing Resources Immediately and
Long-Term through Leases on Our Nation's Offshore Waters Act of 2009''
or the ``DRILL NOW Act of 2009''.

SEC. 2. REVOCATION OF EXISTING PRESIDENTIAL AUTHORITY.

    Section 12(a) of the Outer Continental Shelf Lands Act (43 U.S.C.
1341(a)) is amended--
            (1) by striking ``the President'' and inserting ``(1)
        Except as provided in paragraph (2), the President''; and
            (2) by adding at the end the following: , are hereby
        revoked.
    ``(2)(A) The President may not withdraw any lands of the outer
Continental Shelf from disposition for exploration, development, or
production of oil and gas, except as the President determines necessary
for national security purposes.
    ``(B) This paragraph shall not affect any withdrawal in effect
immediately before the enactment of the DRILL NOW Act of 2009''.

SEC. 3. AVAILABILITY OF CERTAIN AREAS FOR LEASING.

    Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended by adding at the end the following:
    ``(q) Availability of Certain Areas for Leasing.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Coastal zone.--The term `coastal zone' has
                the meaning that term has in section 304 of the Coastal
                Zone Management Act of 1972 (16 U.S.C. 1453).
                    ``(B) Governor.--The term `Governor' means the
                Governor of a State.
                    ``(C) Qualified revenues.--The term `qualified
                revenues' means all rentals, royalties, bonus bids, and
                other sums due and payable to the United States from
                leases entered into on or after the date of enactment
                of the DRILL NOW Act of 2009 for natural gas
                exploration and extraction activities authorized by the
                Secretary under this subsection.
            ``(2) Petition.--
                    ``(A) In general.--The Governor of a State may
                submit to the Secretary a petition requesting that the
                Secretary issue leases authorizing the conduct of oil
                and natural gas exploration and extraction activities
                in any area that is within 50 miles of the coastline of
                the State and within the lateral seaward boundaries of
                the State extended.
                    ``(B) Contents.--In any petition under subparagraph
                (A), the Governor shall include a detailed plan of the
                proposed exploration and extraction activities, as
                applicable.
            ``(3) Action by secretary.--
                    ``(A) In general.--Subject to subparagraphs (B),
                (C), and (D), as soon as practicable after the date of
                receipt of a petition under paragraph (2), the
                Secretary shall approve or deny the petition.
                    ``(B) Requirements for exploration and
                extraction.--The Secretary shall not approve a petition
                submitted under paragraph (2)(A) unless the State
                enacts a statute authorizing the issuance of leases for
                exploration and extraction of oil and natural gas in
                the coastal zone of the State.
                    ``(C) Consistency with legislation.--The plan
                provided in the petition under paragraph (2)(B) shall
                be consistent with the statute described in
                subparagraph (B).
                    ``(D) Conflicts with military operations and
                national security.--The Secretary shall not approve a
                petition for a drilling activity under this paragraph--
                            ``(i) if the drilling activity would
                        conflict with any military operation or
                        national security, as determined by the
                        President; or
                            ``(ii) in any area that is withdrawn under
                        section 12(a) for national security purposes.
            ``(4) Disposition of revenues.--Notwithstanding section 9,
        for each applicable fiscal year, the Secretary of the
        Treasury--
                    ``(A) shall deposit 30 percent of qualified
                revenues in a separate account in the Treasury, which--
                            ``(i) shall be known as the Clean and
                        Alternative Energy Fund; and
                            ``(ii) shall be available to the Secretary
                        of Energy for making grants for research and
                        development of clean and alternative energy;
                    ``(B) in the case of a lease tract any portion of
                which is located within 50 miles of the coastline of
                one or more States that have a portion of such leased
                tract within the seaward lateral boundaries of such
                State extended--
                            ``(i) shall pay, in accordance with clause
                        (ii), an amount equal to 40 percent of
                        qualified revenues under such lease to the
                        States with respect to which the lease tract is
                        so located and that have enacted a statute that
                        establishes a plan for expenditure of those
                        funds; and
                            ``(ii) shall pay to each such State a
                        portion of such amount that is proportional to
                        the portion of the lease tract that is so
                        located with respect to the State; and
                    ``(C) shall deposit the remainder of qualified
                revenues in the general fund of the Treasury.
    ``(r) Payment of Revenues Under Certain Existing Leases.--Of the
funds that would be received by the United States as royalties under
any Federal oil and gas lease of an area on the outer Continental Shelf
located within 50 miles of the coastline of the State of Texas,
Louisiana, Mississippi, or Alabama that is in effect on the date of
enactment of the DRILL NOW Act of 2009 the Secretary of the Treasury--
            ``(1) shall deposit 30 percent in the Clean and Alternative
        Energy Fund established under subsection (q)(4)(A);
            ``(2) in the case of a lease tract any portion of which is
        located within 50 miles of the coastline of one or more such
        States that have a portion of such leased tract within the
        seaward lateral boundaries of such State extended--
                    ``(A) shall pay, in accordance with subparagraph
                (B), an amount equal to 40 percent to the States with
                respect to which the lease tract is so located and that
                have enacted a statute that establishes a plan for
                expenditure of those funds; and
                    ``(B) shall pay to each such State a portion of
                such amount that is proportional to the portion of the
                leased tract that is so located with respect to the
                State; and
            ``(3) shall deposit the remainder in the general fund of
        the Treasury.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Direct Check for Education Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) education should be a national priority but must remain
        a local responsibility;
            (2) the Federal Government's regulations and involvement
        often creates barriers and obstacles to local creativity and
        reform;
            (3) parents, teachers, and local school districts must be
        allowed and empowered to set local education priorities; and
            (4) schools and education professionals must be accountable
        to the people and children served.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Local educational agency.--The term ``local educational
        agency'' has the meaning given the term in section 14101 of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C.
        8801).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Education.
            (3) State.--The term ``State'' means each of the several
        States of the United States, the District of Columbia, the
        Commonwealth of Puerto Rico, Guam, American Samoa, the
        Commonwealth of the Northern Mariana Islands, the United States
        Virgin Islands, the Republic of the Marshall Islands, the
        Federated States of Micronesia, and the Republic of Palau.

SEC. 4. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES.

    (a) Direct Awards.--From amounts appropriated under subsection (b)
and not used to carry out subsection (c), the Secretary shall make
direct awards to local educational agencies in amounts determined under
subsection (e) to enable the local educational agencies to support
programs or activities, for kindergarten through grade 12 students,
that the local educational agencies deem appropriate.
    (b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this Act $3,500,000,000 for each of the
fiscal years 2000 and 2001, $4,000,000,000 for each of the fiscal years
2002 and 2003, and $5,000,000,000 for fiscal year 2004.
    (c) Multiyear Awards.--The Secretary shall use funds appropriated
under subsection (b) for each fiscal year to continue to make payments
to eligible recipients pursuant to any multiyear award made prior to
the date of enactment of this Act under the provisions of law repealed
under subsection (d). The payments shall be made for the duration of
the multiyear award.
    (d) Repeals.--The following provisions of law are repealed:
            (1) The Goals 2000: Educate America Act (20 U.S.C. 5801 et
        seq.).
            (2) Section 307 of the Department of Education
        Appropriations Act, 1999.
            (3) Title III of the Elementary and Secondary Education Act
        of 1965 (20 U.S.C. 6801 et seq.).
            (4) Part B of title VI of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7331 et seq.).
            (5) Part A of title X of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 8001 et seq.).
            (6) The School-to-Work Opportunities Act of 1994 (20 U.S.C.
        6101 et seq.).
    (e) Determination of Amount.--
            (1) Per child amount.--The Secretary, using the information
        provided under subsection (f), shall determine a per child
        amount for a year by dividing the total amount appropriated
        under subsection (b) for the year, by the average daily
        attendance of kindergarten through grade 12 students in all
        States for the preceding year.
            (2) Local educational agency award.--The Secretary, using
        the information provided under subsection (f), shall determine
        the amount provided to each local educational agency under this
        section for a year by multiplying--
                    (A) the per child amount determined under paragraph
                (1) for the year; by
                    (B) the average daily attendance of kindergarten
                through grade 12 students that are served by the local
                educational agency for the preceding year.
    (f) Census Determination.--
            (1) In general.--Each local educational agency shall
        conduct a census to determine the average daily attendance of
        kindergarten through grade 12 students served by the local
        educational agency not later than December 1 of each year.
            (2) Submission.--Each local educational agency shall submit
        the number described in paragraph (1) to the Secretary not
        later than March 1 of each year.
    (g) Penalty.--If the Secretary determines that a local educational
agency has knowingly submitted false information under subsection (f)
for the purpose of gaining additional funds under this section, then
the local educational agency shall be fined an amount equal to twice
the difference between the amount the local educational agency received
under this section, and the correct amount the local educational agency
would have received under this section if the agency had submitted
accurate information under subsection (f).
    (h) Disbursal.--The Secretary shall disburse the amount awarded to
a local educational agency under this Act for a fiscal year not later
than July 1 of each year.

SEC. 5. AUDIT.

    (a) In General.--The Secretary may conduct audits of the
expenditures of local educational agencies under this Act to ensure
that the funds made available under this Act are used in accordance
with this Act.
    (b) Sanctions and Penalties.--If the Secretary determines that the
funds made available under section 4 were not used in accordance with
section 4(a), the Secretary may use the enforcement provisions
available to the Secretary under part D of the General Education
Provisions Act (20 U.S.C. 1234 et seq.).


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disaster Recovery Personal
Protection Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Second Amendment to the Constitution of the United
        States states that, ``A well regulated Militia, being necessary
        to the security of a free State, the right of the people to
        keep and bear Arms, shall not be infringed.'' and Congress has
        repeatedly recognized this language as protecting an individual
        right.
            (2) In the wake of Hurricane Katrina, State and local law
        enforcement and public safety service organizations were
        overwhelmed and could not fulfill the safety needs of the
        citizens of the State of Louisiana.
            (3) In the wake of Hurricane Katrina, the safety of these
        citizens, and of their homes and property, was threatened by
        instances of criminal activity.
            (4) Many of these citizens lawfully kept firearms for the
        safety of themselves, their loved ones, their businesses, and
        their property, as guaranteed by the Second Amendment, and used
        their firearms, individually or in concert with their
        neighbors, for protection against crime.
            (5) In the wake of Hurricane Katrina, certain agencies
        confiscated the firearms of these citizens, in contravention of
        the Second Amendment, depriving these citizens of the right to
        keep and bear arms and rendering them helpless against criminal
        activity.
            (6) These confiscations were carried out at gunpoint, by
        nonconsensual entries into private homes, by traffic
        checkpoints, by stoppage of boats, and otherwise by force.
            (7) The citizens from whom firearms were confiscated were
        either in their own homes or attempting to flee the flooding
        and devastation by means of motor vehicle or boat, and were
        accosted, stopped, and arbitrarily deprived of their private
        property and means of protection.
            (8) The means by which the confiscations were carried out,
        which included intrusion into the home, temporary detention of
        persons, and seizures of property, constituted unreasonable
        searches and seizures and deprived these citizens of liberty
        and property without due process of law in violation of
        fundamental rights under the Constitution of the United States.
            (9) Many citizens who took temporary refuge in emergency
        housing were prohibited from storing firearms on the premises,
        and were thus treated as second-class citizens who had
        forfeited their constitutional right to keep and bear arms.
            (10) At least 1 highly-qualified search and rescue team was
        prevented from joining in relief efforts because the team
        included individuals with firearms, although these individuals
        had been deputized as Federal law enforcement officers.
            (11) These confiscations and prohibitions, and the means by
        which they were carried out, deprived the citizens of Louisiana
        not only of their right to keep and bear arms, but also of
        their rights to personal security, personal liberty, and
        private property, all in violation of the Constitution and laws
        of the United States.

SEC. 3. PROHIBITION ON CONFISCATION OF FIREARMS DURING CERTAIN NATIONAL
              EMERGENCIES.

    Title VII of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5201 et seq.) is amended by adding at the end
the following:

``SEC. 706. FIREARMS POLICIES.

    ``(a) Prohibition on Confiscation of Firearms.--No officer or
employee of the United States (including any member of the uniformed
services), person operating pursuant to or under color of Federal law,
receiving Federal funds, under the control of any Federal official, or
providing services to such an officer, employee, or other person, while
acting in support of relief from a major disaster or emergency, may--
            ``(1) temporarily or permanently seize, or authorize
        seizure of, any firearm the possession of which is not
        prohibited under Federal or State law, other than for
        forfeiture in compliance with Federal law or as evidence in a
        criminal investigation;
            ``(2) require the registration of any firearm for which
        registration is not required by Federal or State law;
            ``(3) prohibit the possession of any firearm, or promulgate
        any rule, regulation, or order prohibiting the possession of
        any firearm, in any place or by any person where such
        possession is not otherwise prohibited by Federal or State law;
        or
            ``(4) prohibit the carrying of a firearm by any person
        otherwise authorized to carry firearms under Federal or State
        law, solely because such person is operating under the
        direction, control, or supervision of a Federal agency in
        support of relief from a major disaster or emergency.
    ``(b) Private Rights of Action.--
            ``(1) In general.--Any individual aggrieved by a violation
        of this section may seek relief in an action at law, suit in
        equity, or other proper proceeding for redress against any
        person who subjects such individual, or causes such individual
        to be subjected, to the deprivation of any of the rights,
        privileges, or immunities secured by this section.
            ``(2) Remedies.--In addition to any existing remedy in law
        or equity, under any law, an individual aggrieved by the
        seizure or confiscation of a firearm in violation of this
        section may bring an action for the return of such firearm in
        the United States district court in the district in which that
        individual resides or in which such firearm may be found.
            ``(3) Attorney fees.--In any action or proceeding to
        enforce this section, the court shall award the prevailing
        party, other than the United States, a reasonable attorney's
        fee as part of the costs.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Violence Prevention,
Education, and Awareness Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Nearly one-third of American women report being
        physically or sexually abused by a husband or boyfriend at some
        point in their lives.
            (2) Family violence costs the nation between $5,000,000,000
        and $10,000,000,000 each year in medical expenses, police and
        court costs, shelters and foster care, sick leave, absenteeism,
        and nonproductivity.
            (3) The United States is becoming increasingly
        multicultural, and racial and ethnic minorities are expected to
        constitute approximately 50 percent of the United States
        population by 2050.
            (4) Two-thirds of female immigrants to the United States
        originate from Asia, Latin America, the Caribbean, and the
        Middle East, and they migrate here to seek economic security,
        reunify their families, or escape prosecution.
            (5) Racial and ethnic minority women and immigrant women
        face unique challenges to reporting and getting help for
        domestic violence.
            (6) Structural inequalities experienced by racial and
        ethnic minority communities and immigrant communities,
        including poverty and discrimination, may contribute to higher
        rates of violence.
            (7) Problems of domestic violence are exacerbated for
        immigrants when spouses control the immigration status of their
        family members, and abusers use threats of refusal to file
        immigration papers and threats to deport spouses and children
        as powerful tools to prevent battered immigrant women from
        seeking help, trapping battered immigrant women in violent
        homes because of fear of deportation.
            (8) Many racial and ethnic minority women and immigrant
        women face cultural barriers to reporting abuse or seeking help
        for domestic violence, including but not limited to strong
        religious beliefs that stress the importance of keeping family
        intact, fear of dishonor, or a belief that negative events
        occur regardless of attempts to prevent them.
            (9) Many racial and ethnic minority women and immigrant
        women also face institutional barriers to reporting abuse or
        seeking help for domestic violence, including but not limited
        to restrictions on public assistance, limited access to
        immigration relief, lack of translators or bilingual
        professionals, little educational material in the woman's
        native language, treatment programs that do not take into
        account ethnic and cultural differences, prohibitive fee
        structures, and inflexible or inconvenient hours of operation.

SEC. 3. GRANTS FOR PUBLIC INFORMATION CAMPAIGNS TO EDUCATE RACIAL AND
              ETHNIC MINORITY COMMUNITIES AND IMMIGRANT COMMUNITIES
              ABOUT DOMESTIC VIOLENCE.

    (a) In General.--From amounts made available to carry out this
section, the Attorney General, acting through the Violence Against
Women Office, shall make grants to public or private nonprofit
entities, States, and Indian tribes and tribal organizations to carry
out public information campaigns for the purpose of educating racial
and ethnic minority communities and immigrant communities about
domestic violence, including the effects of domestic violence, methods
of preventing or reducing domestic violence, and services available to
victims of domestic violence.
    (b) Use of Grant Amounts.--Grant amounts under this section may be
used only to carry out public information campaigns for the purpose
specified in subsection (a) and to provide staffing appropriate to
carrying out the campaigns.
    (c) Elements of Campaigns.--Each public information campaign
carried out under this section shall consist of one or more of the
following elements:
            (1) Public service announcements.
            (2) Paid educational messages for print media.
            (3) Public transit advertising.
            (4) Electronic broadcast media.
            (5) Any other mode of conveying information that the
        Attorney General determines to be appropriate.
    (d) Requirements for Grant.--The Attorney General may award a grant
under this section to an applicant only if the Attorney General
determines that--
            (1) the campaign will be carried out in consultation with
        local domestic violence advocates or State domestic violence
        coalitions;
            (2) the campaign is designed to be conducted in a
        culturally sensitive manner using one or more culturally
        appropriate languages;
            (3) the applicant has an adequate plan to test-market the
        campaign with a relevant community or group in the relevant
        geographic area, and will carry out that plan; and
            (4) the applicant will use effectiveness criteria in
        carrying out the campaign and an evaluation component to
        measure the effectiveness of the campaign.
    (e) Award Criteria.--In awarding grants under this section, the
Attorney General shall consider the following criteria:
            (1) Whether the applicant has, or will be partnering with
        an entity that has, a record of high quality campaigns of a
        comparable type.
            (2) Whether the applicant has, or will be partnering with
        an entity that has, a record of high quality campaigns that
        educate the communities and groups at greatest risk of domestic
        violence.
    (f) Application.--
            (1) In general.--To be eligible to receive a grant under
        this section, a State or entity must submit to the Attorney
        General an application that meets the requirements of paragraph
        (2).
            (2) Requirements.--An application submitted under this
        subsection shall be in such form, and submitted in such manner,
        as the Attorney General may prescribe, and shall include the
        following matters:
                    (A) A complete description of applicant's plan for
                the proposed public information campaign.
                    (B) An identification of the specific communities
                and groups to be educated by the campaign, and a
                description of how the campaign will educate the
                communities and groups at greatest risk of domestic
                violence.
                    (C) The plans of the applicant with respect to
                working with organizations that have expertise in
                developing culturally appropriate informational
                messages.
                    (D) A description of the geographic distribution of
                the campaign.
                    (E) An identification of the media organizations
                and other groups through which the campaign will be
                carried out and any memorandum of understanding or
                other agreement under which the campaign will be
                carried out.
                    (F) A description of the nature, amount,
                distribution, and timing of informational messages to
                be used in the campaign.
                    (G) Such information and assurances as the Attorney
                General may require to determine whether the
                requirements specified in subsection (d) will be
                satisfied, and whether the criteria specified in
                subsection (e) apply.
                    (H) Such other information and assurances as the
                Attorney General may require.
    (g) Definition.--For purposes of this section, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and any other territory or
possession of the United States.
    (h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this Act.