Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure Rural Schools and Payment in
Lieu of Taxes Repair Act''.

SEC. 2. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
              DETERMINATION PROGRAM.

    (a) Definition of Full Funding Amount.--Section 3(11) of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7102(11)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C)--
                    (A) by striking ``fiscal year 2012 and each fiscal
                year thereafter'' and inserting ``each of fiscal years
                2012 and 2013''; and
                    (B) by striking the period at the end and inserting
                ``; and''; and
            (3) by adding at the end the following:
                    ``(D) for fiscal year 2014 and each fiscal year
                thereafter, the amount that is equal to the full
                funding amount for fiscal year 2011.''.
    (b) Secure Payments for States and Counties Containing Federal
Land.--
            (1) Availability of payments.--Section 101 of the Secure
        Rural Schools and Community Self-Determination Act of 2000 (16
        U.S.C. 7111) is amended by striking ``2013'' each place it
        appears and inserting ``2016''.
            (2) Elections.--Section 102(b) of the Secure Rural Schools
        and Community Self-Determination Act of 2000 (16 U.S.C.
        7112(b)) is amended--
                    (A) in paragraph (1)(A), by striking ``by August 1,
                2013 (or as soon thereafter as the Secretary concerned
                determines is practicable), and August 1 of each second
                fiscal year thereafter'' and inserting ``by August 1 of
                each applicable fiscal year (or as soon thereafter as
                the Secretary concerned determines is practicable)'';
                and
                    (B) in paragraph (2)(B)--
                            (i) by striking ``in 2013'' and inserting
                        ``in 2014''; and
                            (ii) by striking ``fiscal year 2013'' and
                        inserting ``fiscal year 2016''.
            (3) Election as to use of balance.--Section 102(d)(1) of
        the Secure Rural Schools and Community Self-Determination Act
        of 2000 (16 U.S.C. 7112(d)(1)) is amended--
                    (A) in subparagraph (B)(ii), by striking ``not more
                than 7 percent of the total share for the eligible
                county of the State payment or the county payment'' and
                inserting ``any portion of the balance''; and
                    (B) by striking subparagraph (C) and inserting the
                following:
                    ``(C) Counties with major distributions.--In the
                case of each eligible county to which $350,000 or more
                is distributed for any fiscal year pursuant to
                paragraph (1)(B) or (2)(B) of subsection (a), the
                eligible county shall elect to do 1 or more of the
                following with the balance of any funds not expended
                pursuant to subparagraph (A):
                            ``(i) Reserve any portion of the balance
                        for projects in accordance with title II.
                            ``(ii) Reserve not more than 7 percent of
                        the total share for the eligible county of the
                        State payment or the county payment for
                        projects in accordance with title III.
                            ``(iii) Return the portion of the balance
                        not reserved under clauses (i) and (ii) to the
                        Treasury of the United States.''.
            (4) Notification of election.--Section 102(d)(3)(A) of the
        Secure Rural Schools and Community Self-Determination Act of
        2000 (16 U.S.C. 7112(d)(3)(A)) is amended by striking ``2012,''
        and inserting ``2014 (or as soon thereafter as the Secretary
        concerned determines is practicable)''.
            (5) Failure to elect.--Section 102(d)(3)(B)(ii) of the
        Secure Rural Schools and Community Self-Determination Act of
        2000 (16 U.S.C. 7112(d)(3)(B)(ii)) is amended by striking
        ``purpose described in section 202(b)'' and inserting
        ``purposes described in section 202(b), 203(c), or 204(a)(5)''.
            (6) Distribution of payments to eligible counties.--Section
        103(d)(2) of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by
        striking ``2013'' and inserting ``2016''.
    (c) Continuation of Authority To Conduct Special Projects on
Federal Land.--
            (1) Submission of project proposals.--Section 203(a)(1) of
        the Secure Rural Schools and Community Self-Determination Act
        of 2000 (16 U.S.C. 7123(a)(1)) is amended by striking
        ``September 30 for fiscal year 2008 (or as soon thereafter as
        the Secretary concerned determines is practicable), and each
        September 30 thereafter for each succeeding fiscal year through
        fiscal year 2013'' and inserting ``September 30 of each
        applicable fiscal year (or as soon thereafter as the Secretary
        concerned determines is practicable)''.
            (2) Evaluation and approval of projects by secretary
        concerned.--Section 204(e) of the Secure Rural Schools and
        Community Self-Determination Act of 2000 (16 U.S.C. 7124(e)) is
        amended by striking paragraph (3).
            (3) Resource advisory committees.--Section 205(a)(4) of the
        Secure Rural Schools and Community Self-Determination Act of
        2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012''
        each place it appears and inserting ``2015''.
            (4) Availability of project funds.--Section 207(a) of the
        Secure Rural Schools and Community Self-Determination Act of
        2000 (16 U.S.C. 7127(a)) is amended by striking ``September 30,
        2008 (or as soon thereafter as the Secretary concerned
        determines is practicable), and each September 30 thereafter
        for each succeeding fiscal year through fiscal year 2013'' and
        inserting ``September 30 of each applicable fiscal year (or as
        soon thereafter as the Secretary concerned determines is
        practicable)''.
            (5) Termination of authority.--Section 208 of the Secure
        Rural Schools and Community Self-Determination Act of 2000 (16
        U.S.C. 7128) is amended--
                    (A) in subsection (a), by striking ``2013'' and
                inserting ``2016 (or as soon thereafter as the
                Secretary concerned determines is practicable)''; and
                    (B) in subsection (b), by striking ``2014'' and
                inserting ``2017''.
    (d) Continuation of Authority To Reserve and Use County Funds.--
Section 304 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7144) is amended--
            (1) in subsection (a), by striking ``2013'' and inserting
        ``2016 (or as soon thereafter as the Secretary concerned
        determines is practicable)''; and
            (2) in subsection (b), by striking ``September 30, 2014,
        shall be returned to the Treasury of the United States'' and
        inserting ``September 30, 2017, may be retained by the counties
        for the purposes identified in section 302(a)(2)''.
    (e) Authorization of Appropriations.--Section 402 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7152) is amended by striking ``2013'' and inserting ``2016''.
    (f) Availability of Funds.--
            (1) Title ii funds.--Any funds that were not obligated as
        required by section 208 of the Secure Rural Schools and
        Community Self-Determination Act of 2000 (16 U.S.C. 7128) (as
        in effect on the day before the date of enactment of this Act)
        shall be available for use in accordance with title II of that
        Act (16 U.S.C. 7121 et seq.).
            (2) Title iii funds.--Any funds that were not obligated as
        required by section 304 of the Secure Rural Schools and
        Community Self-Determination Act of 2000 (16 U.S.C. 7144) (as
        in effect on the day before the date of enactment of this Act)
        shall be available for use in accordance with title III of that
        Act (16 U.S.C. 7141 et seq.).

SEC. 3. RESTORING MANDATORY FUNDING STATUS TO THE PAYMENT IN LIEU OF
              TAXES PROGRAM.

    Section 6906 of title 31, United States Code, is amended in the
matter preceding paragraph (1), by striking ``of fiscal years 2008
through 2014'' and inserting ``fiscal year''.

Output: Secure Rural Schools and Payment in Lieu of Taxes Repair Act  This bill extends the Secure Rural Schools and Community Self-Determination Program through FY2016 at FY2011 funding levels. This Program provides payments to state jurisdictions to compensate for the cost of providing services in tax-exempt federal lands within such jurisdictions.  The bill also eliminates the fiscal year limitation on funding for the Payments in Lieu of Taxes Program. This program compensates local governments for tax revenue lost due to tax-exempt federal lands within their boundaries.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pigford and Individual Indian Money
Account Litigation Settlement Act of 2010''.

SEC. 2. PIGFORD SETTLEMENT AGREEMENT.

    (a) There is hereby appropriated to the Department of Agriculture,
$1,150,000,000, to remain available until expended, to carry out the
terms of a Settlement Agreement (``such Settlement Agreement'')
executed by In re Black Farmers Discrimination Litigation, No. 08-511
(D.D.C.) that is approved by a court order that has become final and
nonappealable, and that is comprehensive and provides for the final
settlement of all remaining Pigford claims (``Pigford claims''), as
defined in section 14012(a) of Public Law 110-246. The funds
appropriated herein for such Settlement Agreement are in addition to
the $100,000,000 in funds of the Commodity Credit Corporation (CCC)
that section 14012 made available for the payment of Pigford claims and
are available only after such CCC funds have been fully obligated. The
use of the funds appropriated herein shall be subject to the express
terms of such Settlement Agreement. If any of the funds appropriated
herein are not used for carrying out such Settlement Agreement, such
funds shall be returned to the Treasury and shall not be made available
for any purpose related to section 14012, for any other settlement
agreement executed In re Black Farmers Discrimination Litigation, No.
08-511 (D.D.C.), or for any other purpose. If such Settlement Agreement
is not executed and approved as provided above, then the sole funding
available for Pigford claims shall be the $100,000,000 of funds of the
CCC that section 14012 made available for the payment of Pigford
claims.
    (b) Nothing in this section shall be construed as requiring the
United States, any of its officers or agencies, or any other party to
enter into such Settlement Agreement or any other settlement agreement.
    (c) Nothing in this section shall be construed as creating the
basis for a Pigford claim.
    (d) Section 14012 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2209) is amended--
            (1) in subsection (c)(1)--
                    (A) by striking ``subsection (h)'' and inserting
                ``subsection (g)''; and
                    (B) by striking ``subsection (i)'' and inserting
                ``subsection (h)'';
            (2) by striking subsection (e);
            (3) in subsection (g), by striking ``subsection (f)'' and
        inserting ``subsection (e)'';
            (4) in subsection (i)--
                    (A) by striking ``(i)'' and all that follows
                through ``Of the funds'' and inserting the following:
    ``(h) Funding.--Of the funds'';
                    (B) by striking ``subsection (g)'' and inserting
                ``subsection (f)''; and
                    (C) by striking paragraph (2);
            (5) by striking subsection (j); and
            (6) by redesignating subsections (f), (g), (h), and (k) as
        subsections (e), (f), (g), and (i), respectively.

SEC. 3. THE INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT ACT
              OF 2010.

    (a) Definitions.--In this Act:
            (1) Amended complaint.--The term ``Amended Complaint''
        means the Amended Complaint attached to the Settlement.
            (2) Land consolidation program.--The term ``Land
        Consolidation Program'' means a program conducted in accordance
        with the Settlement and the Indian Land Consolidation Act (25
        U.S.C. 2201 et seq.) under which the Secretary may purchase
        fractional interests in trust or restricted land.
            (3) Litigation.--The term ``Litigation'' means the case
        entitled Elouise Cobell et al. v. Ken Salazar et al., United
        States District Court, District of Columbia, Civil Action No.
        96-1285 (JR).
            (4) Plaintiff.--The term ``Plaintiff'' means a member of
        any class certified in the Litigation.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (6) Settlement.--The term ``Settlement'' means the Class
        Action Settlement Agreement dated December 7, 2009, in the
        Litigation, as modified by the parties to the Litigation.
            (7) Side agreement on attorneys' fees, expenses, and
        costs.--The term ``Side Agreement on Attorneys' Fees, Expenses,
        and Costs'' means an agreement dated December 7, 2009, between
        Class Counsel (as defined in the Settlement) and the Defendants
        (as defined in the Settlement) relating to attorneys' fees,
        expenses, and costs incurred by Class Counsel in connection
        with the Litigation and implementation of the Settlement.
            (8) Trust administration class.--The term ``Trust
        Administration Class'' means the Trust Administration Class as
        defined in the Settlement.
    (b) Purpose.--The purpose of this section is to authorize the
Settlement.
    (c) Authorization.--The Settlement is authorized, ratified, and
confirmed.
    (d) Jurisdictional Provisions.--
            (1) In general.--Notwithstanding the limitation of
        jurisdiction of district courts contained in section 1346(a)(2)
        of title 28, United States Code, the United States District
        Court for the District of Columbia shall have jurisdiction over
        the claims asserted in the Amended Complaint for purposes of
        the Settlement.
            (2) Certification of trust administration class.--
                    (A) In general.--Notwithstanding the requirements
                of the Federal Rules of Civil Procedure, the court
                overseeing the Litigation may certify the Trust
                Administration Class.
                    (B) Treatment.--On certification under subparagraph
                (A), the Trust Administration Class shall be treated as
                a class under Federal Rule of Civil Procedure 23(b)(3)
                for purposes of the Settlement.
    (e) Trust Land Consolidation.--
            (1) Trust land consolidation fund.--
                    (A) Establishment.--On final approval (as defined
                in the Settlement) of the Settlement, there shall be
                established in the Treasury of the United States a
                fund, to be known as the ``Trust Land Consolidation
                Fund''.
                    (B) Availability of amounts.--Amounts in the Trust
                Land Consolidation Fund shall be made available to the
                Secretary during the 10-year period beginning on the
                date of final approval of the Settlement--
                            (i) to conduct the Land Consolidation
                        Program; and
                            (ii) for other costs specified in the
                        Settlement.
                    (C) Deposits.--
                            (i) In general.--On final approval (as
                        defined in the Settlement) of the Settlement,
                        the Secretary of the Treasury shall deposit in
                        the Trust Land Consolidation Fund
                        $2,000,000,000 of the amounts appropriated by
                        section 1304 of title 31, United States Code.
                            (ii) Conditions met.--The conditions
                        described in section 1304 of title 31, United
                        States Code, shall be considered to be met for
                        purposes of clause (i).
                    (D) Transfers.--In a manner designed to encourage
                participation in the Land Consolidation Program, the
                Secretary may transfer, at the discretion of the
                Secretary, not more than $60,000,000 of amounts in the
                Trust Land Consolidation Fund to the Indian Education
                Scholarship Holding Fund established under paragraph 2.
            (2) Indian education scholarship holding fund.--
                    (A) Establishment.--On final approval (as defined
                in the Settlement) of the Settlement, there shall be
                established in the Treasury of the United States a
                fund, to be known as the ``Indian Education Scholarship
                Holding Fund''.
                    (B) Availability.--Notwithstanding any other
                provision of law governing competition, public
                notification, or Federal procurement or assistance,
                amounts in the Indian Education Scholarship Holding
                Fund shall be made available, without further
                appropriation, to the Secretary to contribute to an
                Indian Education Scholarship Fund, as described in the
                Settlement, to provide scholarships for Native
                Americans.
            (3) Acquisition of trust or restricted land.--The Secretary
        may acquire, at the discretion of the Secretary and in
        accordance with the Land Consolidation Program, any fractional
        interest in trust or restricted land.
            (4) Treatment of unlocatable plaintiffs.--A Plaintiff the
        whereabouts of whom are unknown and who, after reasonable
        efforts by the Secretary, cannot be located during the 5-year
        period beginning on the date of final approval (as defined in
        the Settlement) of the Settlement shall be considered to have
        accepted an offer made pursuant to the Land Consolidation
        Program.
    (f) Taxation and Other Benefits.--
            (1) Internal revenue code.--For purposes of the Internal
        Revenue Code of 1986, amounts received by an individual Indian
        as a lump sum or a periodic payment pursuant to the
        Settlement--
                    (A) shall not be included in gross income; and
                    (B) shall not be taken into consideration for
                purposes of applying any provision of the Internal
                Revenue Code that takes into account excludable income
                in computing adjusted gross income or modified adjusted
                gross income, including section 86 of that Code
                (relating to Social Security and tier 1 railroad
                retirement benefits).
            (2) Other benefits.--Notwithstanding any other provision of
        law, for purposes of determining initial eligibility, ongoing
        eligibility, or level of benefits under any Federal or
        federally assisted program, amounts received by an individual
        Indian as a lump sum or a periodic payment pursuant to the
        Settlement shall not be treated for any household member,
        during the 1-year period beginning on the date of receipt--
                    (A) as income for the month during which the
                amounts were received; or
                    (B) as a resource.
    (g) Incentive Awards and Award of Fees, Expenses, and Costs Under
Settlement Agreement.--
            (1) In general.--The Court shall determine the amount to
        which the Plaintiffs in the Litigation may be entitled for
        incentive awards and for attorneys' fees, expenses, and costs--
                    (A) in accordance with controlling law, including
                (with respect to attorneys' fees, expenses, and costs)
                any applicable rule of law requiring counsel to produce
                contemporaneous time, expense, and cost records in
                support of a motion for such time, expense, and cost
                records; and
                    (B) giving due consideration to the special status
                of Class Members (as defined in the Settlement) as
                beneficiaries of a federally created and administered
                trust.
            (2) Notice of side agreement on attorneys' fees, expenses,
        and costs.--The description of the request of Class Counsel for
        an amount of attorneys' fees, expenses, and costs required
        under paragraph C.1.d. of the Settlement shall include a
        description of all material provisions of the Side Agreement on
        Attorneys' Fees, Expenses, and Costs.
    (h) Selection of 1 or More Qualifying Banks.--The Court, in
exercising the discretion of the Court to approve the selection of any
proposed Qualifying Bank (as defined in the Settlement) under paragraph
A.1. of the Settlement, may consider any factors or circumstances
regarding the proposed Qualifying Bank that the Court determines to be
appropriate to protect the rights and interests of Class Members (as
defined in the Settlement) in the funds to be deposited in the
Settlement Account (as defined in the Settlement).
    (i) Trust Land Consolidation Fund.--
            (1) Consultation.--In implementing paragraph F. of the
        Settlement, the Secretary shall consult with federally
        recognized Indian tribes with respect to--
                    (A) prioritizing and selecting tracts of land for
                consolidation of fractionated interests; and
                    (B) otherwise implementing the Settlement with
                regard to consolidation of fractionated interests under
                the Settlement.
            (2) Contracting and compacting.--Notwithstanding any
        provision of the Indian Land Consolidation Act (25 U.S.C. 2201
        et seq.), the Secretary shall implement paragraph F. of the
        Settlement through contracts or compacts under titles I and IV
        of the Indian Self-Determination and Education Assistance Act
        (25 U.S.C. 450 et seq.).
    (j) Trust Administration Class Adjustments.--
            (1) In general.--In addition to any amounts deducted from
        the Accounting/Trust Administration Fund under paragraph
        E.4.b.2. of the Settlement, the Court shall require the Claims
        Administrator (as defined in the Settlement) to set aside, from
        the funds paid into the Accounting/Trust Administration Fund
        (as defined in the Settlement) pursuant to paragraph E.2.a. of
        the Settlement, $50,000,000 for making equitable adjustments to
        the payments to members of the Trust Administration Class
            (2) Purpose of adjustments.--The purpose of the adjustments
        under this subsection is to provide additional compensation to
        any member of the Trust Administration Class who demonstrates
        that the pro rata formula calculated under paragraph E.4.b.(3)
        of the Settlement does not provide fair compensation to such
        member of that class.
            (3) Procedures.--Except as provided in paragraph (5), the
        procedures, manner, sufficiency of proof, and other
        requirements for members of the Trust Administration Class to
        receive adjustments under this subsection shall be established
        by, and be within the discretion of, the Court.
            (4) Amount of adjustments.--Whether a requested adjustment
        under this subsection should be made and the amount of any such
        adjustment shall be within the discretion of the Court and not
        subject to appeal.
            (5) Timing of adjustments.--Any adjustment payments
        authorized under this subsection shall be distributed after
        payments have been made to class members under paragraphs E.3.
        and 4. of the Settlement.
            (6) Remaining funds.--Any funds remaining in the amount set
        aside under paragraph (1) after completing the payments of
        equitable adjustments under this subsection shall be
        distributed to all members of the Trust Administration Class in
        accordance with the pro rata percentages calculated for the
        members of that class under paragraph E.4.b.(3) of the
        Settlement.
            (7) Special master.--
                    (A) In general.--At the discretion of the Court,
                the determination of the amount of equitable
                adjustments under this subsection may be made by the
                special master appointed under the Settlement.
                    (B) Review and approval.--Any adjustments made by
                the special master under subparagraph (A) shall be
                subject to the review of the Court.
    (k) Appointees to Special Board of Trustees.--The 2 members of the
special board of trustees to be selected by the Secretary under
paragraph G.3. of the Settlement shall be selected only after
consultation with, and after considering the names of possible
candidates offered by, federally recognized Indian tribes.

SEC. 4. USE OF STIMULUS FUNDS TO OFFSET SPENDING.

    (a) In General.--The unobligated balance of each amount
appropriated or made available under the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 115) (other than
under title X of division A of that Act) is rescinded, on a pro rata
basis, by an aggregate amount that equals the amounts necessary to
offset any net increase in spending or foregone revenues resulting from
this Act and the amendments made by this Act.
    (b) Report.--The Director of the Office of Management and Budget
shall submit to each congressional committee the amounts rescinded
under subsection (a) that are within the jurisdiction of the committee.

Output:
Pigford and Individual Indian Money Account Litigation Settlement Act of 2010 - Appropriates to the Department of Agriculture $1.15 billion to carry out the terms of a Settlement Agreement executed by In re Black Farmers Discrimination Litigation that is approved by a court order that has become final and nonappealable, and that is comprehensive and provides for the final settlement of all remaining Pigford claims (relating to a racial discrimination action against the Department of Agriculture). Provides that the $1.15 billion shall be in addition to the $100 million in funds of the Commodity Credit Corporation (CCC) made available for the payment of Pigford claims and are available only after such CCC funds have been fully obligated. Provides that if such Settlement Agreement is not executed and approved as provided above, then the sole funding available for Pigford claims shall be the $100 million of CCC funds.

Authorizes, ratifies, and confirms the Class Action Settlement Agreement dated December 7, 2009, in the case entitled Elouise Cobell et al. v. Ken Salazar et al.

Establishes the Trust Land Consolidation Fund, and provides for the deposit of $2 billion in the Fund, on final approval of the Settlement, with funds being made available to the Secretary of the Interior: (1) to conduct the Land Consolidation Program (a program under which the Secretary may purchase fractional interests in trust or restricted land); and (2) for other costs of the Settlement.

Establishes, on final approval of the Settlement, the Indian Education Scholarship Holding Fund to provide scholarships for Native Americans through an Indian Education Scholarship Fund.

Excludes amounts received by an individual Indian as a lump sum or a periodic payment pursuant to the Settlement from: (1) gross income and adjusted gross income under the Internal Revenue Code; and (2) being considered for purposes of determining eligibility or level of benefits under any federal or federally assisted program, during the one-year period beginning on the date of receipt.

Provides for the determination of incentive awards, fees, expenses, and costs under the Settlement.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cherry Valley National Wildlife
Refuge Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The scenic Cherry Valley area of Northeastern
        Pennsylvania is blessed with more than 80 special-concern
        animal and plant species and natural habitats.
            (2) In a preliminary assessment of Cherry Valley, United
        States Fish and Wildlife Service biologists ranked Cherry
        Valley very high as a potential national wildlife refuge.
            (3) Six species that are listed as endangered species or
        threatened species under the Endangered Species Act of 1973 (16
        U.S.C. 1531 et seq.) have been documented within or near Cherry
        Valley: The bog turtle (possibly the most significant
        population of the listed subspecies), the dwarf wedge mussel,
        the northeastern bulrush, the small whorled pogonia, the bald
        eagle, and the Indiana bat (a historic resident, with efforts
        under way to re-establish favorable conditions).
            (4) Cherry Valley provides habitat for at least 79 species
        of national or regional concern, which either nest in Cherry
        Valley or migrate through the area during critical times in
        their life cycle, including--
                    (A) neo-tropical migratory birds such as the
                Cerulean Warbler, the Worm-eating Warbler, and the Wood
                Thrush, all of which nest in Cherry Valley;
                    (B) waterfowl such as the American Black Duck;
                    (C) several globally rare plants, such as the
                spreading globeflower; and
                    (D) anadromous fish species.
            (5) The Cherry Valley watershed encompasses a large segment
        of the Kittatinny Ridge, an important migration route for birds
        of prey throughout the Northeastern United States. Every
        migratory raptor species in the Northeast is regularly observed
        along the Kittatinny Ridge during the autumnal migration,
        including the bald eagle, the golden eagle, and the broad-
        winged hawk.
            (6) The Kittatinny Ridge also includes a long segment of
        the Appalachian Trail, a nationally significant natural-
        cultural-recreational feature.
            (7) Many of the significant wildlife habitats found in the
        Cherry Valley, especially the rare calcareous wetlands, have
        disappeared from other localities in their range.
            (8) Ongoing studies have documented the high water quality
        of Cherry Creek.
            (9) Public meetings over several years have demonstrated
        strong, deep, and growing local support for a Cherry Valley
        National Wildlife Refuge:
                    (A) Area landowners, business and community
                leaders, media, and elected officials have consistently
                voiced their enthusiasm for a Cherry Valley National
                Wildlife Refuge.
                    (B) Numerous local communities and public and
                private conservation entities share complementary goals
                for protecting Cherry Valley and are energetically
                conserving wildlife habitat and farmland. Along with
                State land-management agencies and the National Park
                Service, these local entities represent potential
                strong partners for the United States Fish and Wildlife
                Service.
                    (C) A number of local landowners have already put
                their land into conservation easements or other
                conservation arrangements.
                    (D) A voter-approved Monroe County Open Space Fund
                and a voter-approved Stroud Township municipal land
                conservation fund have contributed to many of these
                projects.
            (10) Two federally owned parcels of land are contiguous to
        the area to be established by this Act as the Cherry Valley
        National Wildlife Refuge: The Delaware Water Gap National
        Recreation Area and a 700-acre segment of the Appalachian Trail
        owned by the National Park Service.

SEC. 3. ESTABLISHMENT AND PURPOSE OF REFUGE.

    (a) Establishment.--The Secretary shall establish as a national
wildlife refuge the lands, waters, and interests therein acquired under
section 5, at such time as the Secretary determines that sufficient
property has been acquired by the United States to constitute an area
that can be effectively managed as a national wildlife refuge for the
purposes set forth in subsection (b) of this section. The national
wildlife refuge so established shall be known as the ``Cherry Valley
National Wildlife Refuge''.
    (b) Purposes.--The primary purposes of the Refuge are the
following:
            (1) To preserve and enhance the Refuge's lands and waters
        in a manner that will conserve the natural diversity of fish,
        wildlife, plants, and their habitats for present and future
        generations, through voluntary conservation agreements,
        partnerships with local communities, and transactions with
        willing landowners.
            (2) To conserve and enhance populations of fish, wildlife,
        and plants within the Refuge, including populations of bog
        turtle, waterfowl, raptors, passerines, and neo-tropical
        migratory birds.
            (3) To protect and enhance the quality of aquatic and
        wetland habitats within the Refuge.
            (4) To fulfill international obligations of the United
        States with respect to fish, wildlife, and their habitats.
            (5) To provide opportunities for compatible scientific
        research, environmental education, and fish and wildlife-
        oriented recreation in collaboration with private and public
        entities.
    (c) Notice of Establishment.--The Secretary shall publish a notice
of the establishment of the Refuge--
            (1) in the Federal Register; and
            (2) in publications of local circulation in the vicinity of
        the Refuge.

SEC. 4. ADMINISTRATION OF REFUGE.

    (a) In General.--The Secretary shall administer all lands, waters,
and interests therein acquired under section 5 in accordance with--
            (1) the National Wildlife Refuge System Administration Act
        of 1966 (16 U.S.C. 668dd et seq.) and the Act of September 28,
        1962 (76 Stat. 653; 16 U.S.C. 460k et seq.; popularly known as
        the Refuge Recreation Act);
            (2) the purposes of the Refuge set forth in section 3(b);
        and
            (3) the management plan issued under subsection (c).
    (b) Study of Selection Area.--
            (1) Requirement.--The Secretary, acting through the
        Director of the United States Fish and Wildlife Service, shall
        conduct a study of fish and wildlife habitat and aquatic and
        terrestrial communities of the selection area described in
        section 5(c)(2).
            (2) Report.--Not later than 18 months after the date of the
        enactment of the Act, the Secretary shall complete such study
        and submit a report containing the results thereof to the
        Congress.
            (3) Authorization of appropriations.--There is authorized
        to be appropriated to the Secretary $200,000 to carry out the
        study.
    (c) Management Plan.--
            (1) In general.--Not later than 30 months after the date of
        the enactment of this Act, the Secretary shall issue a
        management plan for the Refuge.
            (2) Contents.--The management plan shall include provisions
        that provide for the following:
                    (A) Planning and design of trails and access
                points.
                    (B) Planning of wildlife and habitat restoration,
                including reforestation.
                    (C) Permanent exhibits and facilities and regular
                educational programs throughout the Refuge.
            (3) Public participation.--
                    (A) In general.--The Secretary shall provide an
                opportunity for public participation in developing the
                management plan.
                    (B) Local views.--The Secretary shall give special
                consideration to views by local public and private
                entities and individuals in developing the management
                plan.

SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS THEREIN.

    (a) In General.--The Secretary shall seek to acquire up to 30,000
acres of land, water, or interests therein (including permanent
conservation easements or servitudes) within the boundaries designated
under subsection (c). All lands, waters, and interests acquired under
this subsection shall be part of the Refuge.
    (b) Method of Acquisition.--The Secretary may acquire an interest
in land or water for inclusion in the Refuge only by donation,
exchange, or purchase from a willing seller.
    (c) Designation of Boundaries.--
            (1) In general.--Not later than 12 months after the date of
        the enactment of this Act, the Secretary shall--
                    (A) consult with appropriate State and local
                officials, private conservation organizations, and
                other interested parties, regarding the designation of
                appropriate boundaries for the Refuge within the
                selection area;
                    (B) designate boundaries of the Refuge that are
                within the selection area and adequate for fulfilling
                the purposes of the Refuge set forth in section 3(b);
                and
                    (C) prepare a detailed map, entitled ``Cherry
                Valley National Wildlife Refuge'', depicting the
                boundaries of the Refuge designated under subparagraph
                (B).
            (2) Selection area.--For purposes of this subsection, the
        selection area consists of approximately 30,000 acres located
        in Monroe County, Pennsylvania, that--
                    (A) encompasses the watershed of Cherry Creek,
                portions of the McMichaels and Aquashicola Creeks
                watersheds, and an area that drains directly into the
                Delaware River; and
                    (B) is contiguous to the Delaware Water Gap
                National Recreation Area.
            (3) Availability of map; notice.--The Secretary shall--
                    (A) keep the map prepared under paragraph (1) on
                file and available for public inspection at offices of
                the United States Fish and Wildlife Service in the
                District of Columbia and Pennsylvania; and
                    (B) publish in the Federal Register a notice of
                that availability.
    (d) Boundary Revisions.--The Secretary may make such minor
revisions in the boundaries designated under subsection (c) as may be
appropriate to achieve the purposes of the Refuge under section 3(b) or
to facilitate the acquisition of property for the Refuge.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Refuge.--The term ``Refuge'' means the Cherry Valley
        National Wildlife Refuge established under section 3.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

Output: Cherry Valley National Wildlife Refuge Act - Directs the Secretary of the Interior to to acquire necessary lands, waters, and other property interests to establish a national wildlife refuge in northeastern Pennsylvania to be known as the Cherry Valley National Wildlife Refuge.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy Veterans'
Health Initiative Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the
        Department of Energy.
            (2) National laboratory.--The term ``National Laboratory''
        has the meaning given that term in section 2 of the Energy
        Policy Act of 2005 (42 U.S.C. 15801).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.

SEC. 3. PURPOSES.

    The purposes of this Act are to advance Department of Energy
expertise in artificial intelligence and high performance computing in
order to improve health outcomes for veteran populations by--
            (1) supporting basic research through the application of
        artificial intelligence, high performance computing, modeling
        and simulation, machine learning, and large scale data
        analytics to identify and solve outcome-defined challenges in
        the health sciences;
            (2) maximizing the impact of the Department of Veterans
        Affairs' health and genomics data housed at the National
        Laboratories, as well as data from other sources, on science,
        innovation, and health care outcomes through the use and
        advancement of artificial intelligence and high-performance
        computing capabilities of the Department of Energy;
            (3) promoting collaborative research through the
        establishment of partnerships to improve data sharing between
        Federal agencies, National Laboratories, institutions of higher
        education, and nonprofit institutions;
            (4) establishing multiple scientific computing user
        facilities to house and provision available data to foster
        transformational outcomes; and
            (5) driving the development of technology to improve
        artificial intelligence, high performance computing, and
        networking relevant to mission applications of the Department
        of Energy, including modeling, simulation, machine learning,
        and advanced data analytics.

SEC. 4. DEPARTMENT OF ENERGY VETERANS HEALTH RESEARCH AND DEVELOPMENT.

    (a) In General.--The Secretary shall establish and carry out a
research program in artificial intelligence and high performance
computing, focused on the development of tools to solve big data
challenges associated with veteran's healthcare, and to support the
efforts of the Department of Veterans Affairs to identify potential
health risks and challenges utilizing data on long term healthcare,
health risks, and genomic data collected from veteran populations. The
Secretary shall carry out this program through a competitive, merit-
reviewed process, and consider applications from National Laboratories,
institutions of higher education, multi-institutional collaborations,
and other appropriate entities.
    (b) Program Components.--In carrying out the program established
under subsection (a), the Secretary may--
            (1) conduct basic research in modeling and simulation,
        machine learning, large scale data analytics, and predictive
        analysis in order to develop novel or optimized algorithms for
        prediction of disease treatment and recovery;
            (2) develop methods to accommodate large data sets with
        variable quality and scale, and to provide insight and models
        for complex systems;
            (3) develop new approaches and maximize the use of
        algorithms developed through artificial intelligence, machine
        learning, data analytics, natural language processing, modeling
        and simulation, and develop new algorithms suitable for high
        performance computing systems and large biomedical data sets;
            (4) advance existing and construct new data enclaves
        capable of securely storing data sets provided by the
        Department of Veterans Affairs, Department of Defense, and
        other sources; and
            (5) promote collaboration and data sharing between National
        Laboratories, research entities, and user facilities of the
        Department by providing the necessary access and secure data
        transfer capabilities.
    (c) Coordination.--In carrying out the program required under
subsection (a), the Secretary is authorized to--
            (1) enter into memoranda of understanding in order to carry
        out reimbursable agreements with the Department of Veterans
        Affairs and other entities in order to maximize the
        effectiveness of Department of Energy research and development
        to improve veterans' healthcare;
            (2) consult with the Department of Veterans Affairs and
        other Federal agencies as appropriate; and
            (3) ensure that data storage meets all privacy and security
        requirements established by the Department of Veterans Affairs,
        and that access to data is provided in accordance with relevant
        Department of Veterans Affairs data access policies, including
        informed consent.
    (d) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Science, Space, and Technology and the Committee on Veterans' Affairs
of the House of Representatives, and the Committee on Energy and
Natural Resources and the Committee on Veterans' Affairs of the Senate,
a report detailing the effectiveness of--
            (1) the interagency coordination between each Federal
        agency involved in the research program carried out under this
        section;
            (2) collaborative research achievements of the program; and
            (3) potential opportunities to expand the technical
        capabilities of the Department.
    (e) Funding.--The Secretary of Veterans Affairs shall devote
$27,000,000 to carry out the activities authorized under this section
during fiscal years 2019 through 2023, subject to the availability of
appropriations, to come from amounts made available for medical and
prosthetic research. This section shall be carried out using funds
otherwise appropriated by law after the date of enactment of this Act.

SEC. 5. ARTIFICIAL INTELLIGENCE, DATA ANALYTICS, AND COMPUTATIONAL
              RESEARCH PILOT PROGRAM.

    (a) In General.--The Secretary shall carry out a pilot program to
develop tools for big data analytics by utilizing data sets generated
by Federal agencies, institutions of higher education, nonprofit
research organizations, and industry in order to advance artificial
intelligence technologies to solve complex, big data challenges. The
Secretary shall carry out this program through a competitive, merit-
reviewed process, and consider applications from National Laboratories,
institutions of higher education, multi-institutional collaborations,
and other appropriate entities.
    (b) Program Components.--In carrying out the pilot program
established under subsection (a), the Secretary may--
            (1) establish a cross-cutting research initiative to
        prevent duplication and coordinate research efforts in
        artificial intelligence and data analytics across the
        Department;
            (2) conduct basic research in modeling and simulation,
        artificial intelligence, machine learning, large scale data
        analytics, natural language processing, and predictive analysis
        in order to develop novel or optimized predictive algorithms
        suitable for high performance computing systems and large
        biomedical data sets;
            (3) develop multivariate optimization models to accommodate
        large data sets with variable quality and scale in order to
        visualize complex systems;
            (4) establish multiple scientific computing user facilities
        to serve as data enclaves capable of securely storing data sets
        created by Federal agencies, institutions of higher education,
        nonprofit organizations, or industry at National Laboratories;
        and
            (5) promote collaboration and data sharing between National
        Laboratories, research entities, and user facilities of the
        Department by providing the necessary access and secure data
        transfer capabilities.
    (c) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report
evaluating the effectiveness of the pilot program under subsection (a),
including basic research discoveries achieved in the course of the
program and potential opportunities to expand the technical
capabilities of the Department through the development of artificial
intelligence and data analytics technologies.
    (d) Funding.--For purposes of carrying out this section, the
Secretary of Energy shall devote $52,000,000 to carry out this section,
which shall include $26,000,000 for each fiscal years 2019 and 2020,
subject to the availability of appropriations. This section shall be
carried out using funds otherwise appropriated by law after the date of
enactment of this Act.

SEC. 6. SPENDING LIMITATION.

    No additional funds are authorized to be appropriated to carry out
this Act and the amendments made by this Act, and this Act and such
amendments shall be carried out using amounts otherwise available for
such purpose.

            Passed the House of Representatives September 25, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output: Department of Energy Veterans' Health Initiative Act (Sec. 4) This bill directs the Department of Energy (DOE) to establish a research program in artificial intelligence and high-performance computing that is focused on the development of tools to: (1) solve big data challenges associated with veterans' health care, and (2) support the Department of Veterans Affairs in identifying potential health risks and challenges.  (Sec. 5) DOE shall carry out a pilot program to develop tools for big data analytics in order to advance artificial intelligence technologies to solve complex big data challenges.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Crime Doesn't Pay Prison Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Supreme Court has held that the Constitution does
        not mandate comfortable prison conditions; only those
        deprivations denying the minimal civilized measure of life's
        necessities are sufficiently grave to form the basis of an
        eighth amendment violation. Wilson v. Seiter, 115 L. Ed. 2d
        271, (1991) (citing Rhodes v. Chapman, 452 U.S. 337 (1981)).
            (2) An inmate should not be able to successfully challenge
        conditions of confinement of an institution unless the inmate
        establishes both that the condition is contrary to the current
        standards of decency of society and that prison officials are
        deliberately indifferent to the plight of the inmate. Wilson v.
        Seiter, 115 L. Ed. 2d 271 (1991).
            (3) Expenditures on prisons in excess of levels necessary
        to meet constitutionally mandated conditions of confinement
        increase the cost of building and administering institutions,
        thereby diverting funds which could be used to expand current
        prison capacity throughout the country. Additional prison beds
        are desperately needed to stop the early release of repeat and
        violent offenders due to insufficient prison capacity.
            (4) Public funds that could go to assist the law-abiding
        poor are being expended to provide facilities and services for
        inmates at a level exceeding the minimum standard of living for
        the law-abiding poor and exceeding the conditions mandated by
        the Constitution.
            (5) There is a need for Congress, on behalf of the people,
        to express and codify a national standard of minimum decency
        for prison conditions. Inmates should not be entitled, by
        virtue of their imprisonment, to live better than law-abiding
        persons living at the poverty guideline level of income as
        determined by the Secretary of Health and Human Services.
            (6) Federal courts have been besieged by frivolous
        litigation brought by inmates incarcerated in institutions.
        Lacking a legislative expression of the contemporary standards
        of decency relating to prison conditions, Federal courts have
        become unduly involved in the micromanagement of correctional
        facilities, a role for which the Supreme Court recognizes
        courts are ill-suited and which is better left to the expertise
        of prison administrators. Procunier v. Martinez, 416 U.S. 396,
        404-05 (1974).
    (b) Purposes.--The purposes of this Act are--
            (1) to articulate an objective national standard for
        measuring the minimum decency of prison conditions;
            (2) to ensure that criminal punishments reflect the
        seriousness of the offense, promote respect for the law,
        provide just punishment, afford adequate deterrence, and
        protect the public from further crimes by requiring that
        inmates do not live better than law-abiding persons living at
        the poverty level;
            (3) to ensure that State governments are required to spend
        only that amount necessary to achieve the minimum standard for
        conditions of confinement mandated by the Constitution; and
            (4) to ensure that Federal courts require only that prison
        conditions do not constitute the unnecessary and wanton
        infliction of pain due to the deliberate indifference of
        institutional administrators, such that inmates are deprived of
        the minimum civilized measure of life's necessities. Hudson v.
        McMillan, 117 L. Ed. 2d 156 (1992); Wilson v. Seiter, 115 L.
        Ed. 2d 271 (1991); Whitely v. Albers, 475 U.S. 312 (1986);
        Rhodes v. Chapman, 452 U.S. 337 (1981).

SEC. 3. JUDICIAL STANDARDS FOR PRISON CONDITIONS.

    Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended by
adding at the end the following:
    ``(d)(1) In any action or proceeding challenging conditions of
confinement of an institution, a court may not grant any relief unless
the conditions challenged constitute the unnecessary and wanton
infliction of pain due to the deliberate indifference of the
administrators of the institution such that inmates are deprived of the
minimum civilized measure of life's necessities.
    ``(2)(A) If an institution makes a per-inmate expenditure equal to
or exceeding the poverty guideline level there is a presumption that
the administrators of the institution are not deliberately indifferent
to the unnecessary and wanton infliction of pain and the deprivation of
the minimum civilized measure of life's necessities, which may be
rebutted only by clear and convincing evidence to the contrary.
    ``(B) A failure to make a per-inmate expenditure at a level equal
to or exceeding the poverty guideline level does not give rise to a
presumption that the conditions of confinement of an institution are
unconstitutional.
    ``(3) In this subsection:
            ``(A) The term `conditions of confinement' means aspects of
        confinement of an institution, which includes food, shelter,
        clothing, medical care, goods, services and programs of an
        institution, but does not include aspects relating to
        institutional security.
            ``(B) The term `inmate' means a person committed to the
        custody of an institution.
            ``(C) The term `institution' has the meaning given the term
        in section 721.
            ``(D) The term `per-inmate expenditure' means the amount
        equal to the quotient of--
                    ``(i) an institution's allocated expenditure for
                providing food, shelter, clothing, medical care, goods,
                services and programs, excluding costs specifically
                related to institutional security during the 12-month
                period preceding the date of the alleged violation;
                divided by
                    ``(ii) the average number of inmates confined in
                the institution during that 12-month period.
            ``(E) The term `poverty guideline level' means the dollar
        allowance in the poverty guideline for additional family
        members in the largest households, as established by the
        Department of Health and Human Services.''.

Output:
Crime Doesn't Pay Prison Act - Prohibits a court from granting relief in an action or proceeding challenging conditions of confinement of a correctional institution, unless such conditions constitute the unnecessary and wanton infliction of pain due to the deliberate indifference of the administrators of the institution such that inmates are deprived of the minimum civilized measure of life's necessities.
Establishes a presumption that if an institution makes a per-inmate expenditure equal to or exceeding the poverty guideline level, the administrators are not deliberately indifferent to the unnecessary and wanton infliction of pain and the deprivation of the minimum civilized measure of life's necessities, which may be rebutted only by clear and convincing evidence to the contrary.
Specifies that a failure to make a per-inmate expenditure equal to or exceeding the poverty guideline level does not give rise to a presumption that the conditions of confinement of an institution are unconstitutional.


Input:
SECTION 1. APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF CLAIMS FROM
              IN RE BLACK FARMERS DISCRIMINATION LITIGATION.

    (a) Definitions.--In this section:
            (1) Pigford claim.--The term ``Pigford claim'' has the
        meaning given the term in section 14012(a) of the Food,
        Conservation, and Energy Act of 2008 (Public Law 110-246; 122
        Stat. 2209).
            (2) Settlement agreement.--The term ``Settlement
        Agreement'' means the settlement agreement dated February 18,
        2010 (including any modifications agreed to by the parties and
        approved by the court under that agreement) between certain
        plaintiffs, by and through their counsel, and the Secretary of
        Agriculture to resolve, fully and forever, the claims raised or
        that could have been raised in the cases consolidated in In re
        Black Farmers Discrimination Litigation, No. 08-511 (D.D.C.),
        including Pigford claims asserted under section 14012 of the
        Food, Conservation, and Energy Act of 2008 (Public Law 110-246;
        122 Stat. 2209).
    (b) Appropriation of Funds.--
            (1) In general.--There is hereby appropriated to the
        Secretary of Agriculture $1,150,000,000, to remain available
        until expended, to carry out the terms of the Settlement
        Agreement if the Settlement Agreement is approved by a court
        order that is or becomes final and nonappealable.
            (2) Relation to other funding.--The funds appropriated by
        this subsection--
                    (A) are in addition to the $100,000,000 of funds of
                the Commodity Credit Corporation made available by
                section 14012(i) of the Food, Conservation, and Energy
                Act of 2008 (Public Law 110-246; 122 Stat. 2212); and
                    (B) shall be available for obligation only after
                those Commodity Credit Corporation funds are fully
                obligated.
            (3) Effect of settlement agreement.--If the Settlement
        Agreement is not approved as provided in this subsection, the
        $100,000,000 of funds of the Commodity Credit Corporation made
        available by section 14012(i) of the Food, Conservation, and
        Energy Act of 2008 (Public Law 110-246; 122 Stat. 2212) shall
        be the sole funding available for Pigford claims.
    (c) Use of Funds.--The use of the funds appropriated by subsection
(b) shall be subject to the express terms of the Settlement Agreement.
    (d) Treatment of Remaining Funds.--If any of the funds appropriated
by subsection (b) are not obligated and expended to carry out the
Settlement Agreement, the Secretary of Agriculture shall return the
unused funds to the Treasury and may not make the unused funds
available for any purpose related to section 14012 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat.
2212), for any other settlement agreement executed in In re Black
Farmers Discrimination Litigation, No. 08-511 (D.D.C.), or for any
other purpose.
    (e) Effect of Legislation.--Nothing in this section--
            (1) requires the United States, an officer or agency of the
        United States, or any other person to enter into the Settlement
        Agreement or any other settlement agreement; or
            (2) creates the basis for a Pigford claim.
    (f) Conforming Amendments.--Section 14012 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat.
2209) is amended--
            (1) in subsection (c)(1)--
                    (A) by striking ``subsection (h)'' and inserting
                ``subsection (g)''; and
                    (B) by striking ``subsection (i)'' and inserting
                ``subsection (h)'';
            (2) by striking subsection (e);
            (3) in subsection (g), by striking ``subsection (f)'' and
        inserting ``subsection (e)'';
            (4) in subsection (i)--
                    (A) by striking ``(i)'' and all that follows
                through ``Of the funds'' and inserting the following:
    ``(h) Funding.--Of the funds'';
                    (B) by striking ``subsection (g)'' and inserting
                ``subsection (f)''; and
                    (C) by striking paragraph (2);
            (5) by striking subsection (j); and
            (6) by redesignating subsections (f), (g), (h), and (k) as
        subsections (e), (f), (g), and (i), respectively.

SEC. 2. RELIEF FOR DISCRIMINATION IN A CREDIT PROGRAM OF THE DEPARTMENT
              OF AGRICULTURE UNDER THE EQUAL CREDIT OPPORTUNITY ACT.

    (a) Definitions.--In this section:
            (1) Eligible complaint.--The term ``eligible complaint''
        means any written complaint--
                    (A) that is not employment related;
                    (B) that was filed with the Department of
                Agriculture after December 31, 1997, and before the
                earlier of--
                            (i) 2 years after the date of the alleged
                        violation of the Equal Credit Opportunity Act
                        (15 U.S.C. 1691); and
                            (ii) the date of the enactment of this Act;
                    (C) with respect to which the complainant--
                            (i) was not a party to the consent decree
                        in the case entitled ``Pigford v. Glickman'',
                        approved by the United States District Court
                        for the District of Columbia on April 14, 1999;
                        and
                            (ii) has not obtained relief from the
                        Department of Agriculture or a court of
                        competent jurisdiction; and
                    (D) does not arise from the same causes of action
                addressed in the Settlement Agreement (as defined in
                section 1(a)).
            (2) Filing period.--The term ``filing period'' means the 2-
        year period beginning on the date of enactment of this Act.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
    (b) Authorization.--To the extent permitted by the Constitution,
and notwithstanding any other period of limitations, in the case of an
eligible complaint alleging discrimination in violation of the Equal
Credit Opportunity Act (15 U.S.C. 1691) involving a credit program of
the Department of Agriculture, a complainant may, before the end of the
filing period--
            (1) file a civil action under subsection (c); or
            (2) request administrative review under subsection (d).
    (c) Civil Action.--A civil action may be filed under this
subsection if, with respect to the eligible complaint, the
complainant--
            (1) has not requested administrative review; or
            (2) has requested administrative review, and the Secretary,
        with respect to each request, has either--
                    (A) issued a determination; or
                    (B) failed to issue a determination by a date that
                is 180 days after the date on which the request was
                made.
    (d) Administrative Review.--Administrative review may be requested
under this subsection as follows:
            (1) Determination on the merits.--A complainant may request
        a determination on the merits if the complainant, with respect
        to the eligible complaint, has not filed a civil action.
            (2) Hearing on the record.--A complainant may request a
        hearing on the record if the complainant, with respect to the
        eligible complaint--
                    (A) has not filed a civil action;
                    (B) has requested a determination on the merits,
                and the Secretary has not issued such determination by
                the issuance deadline in subsection (f)(2)(A); and
                    (C) requests such hearing not later than 180 days
                after the issuance deadline in subsection (f)(2)(A).
    (e) Settlement.--Notwithstanding any other provision of this
section, the Secretary may settle an eligible complaint with a
complainant.
    (f) Special Rules for Administrative Review.--For purposes of this
section:
            (1) Requests for administrative review.--A request for
        administrative review shall be--
                    (A) in writing; and
                    (B) filed in accordance with procedures established
                by the Secretary.
            (2) Responsibility of secretary.--If a complainant requests
        a determination on the merits under subsection (d)(1), then,
        unless a complainant, with respect to the eligible complaint,
        files a civil action or requests a hearing on the record, the
        Secretary shall, with respect to the eligible complaint, take
        the following actions:
                    (A) Issuance of determination.--The Secretary
                shall, not later than an issuance deadline that is 1
                year after the date on which the complainant requests a
                determination on the merits--
                            (i) investigate the eligible complaint; and
                            (ii) issue a written determination.
                    (B) Notice of failure to issue timely
                determination.--If the Secretary does not issue a
                written determination by the issuance deadline in
                subparagraph (A), the Secretary shall promptly issue to
                the complainant, in writing and by registered mail,
                notice--
                            (i) that the Secretary has not issued a
                        timely determination; and
                            (ii) of the period of time during which the
                        complainant may bring a civil action or request
                        a hearing on the record.
            (3) Finality of determination with respect to hearing on
        the record.--A determination with respect to a hearing on the
        record shall be final.
            (4) Judicial review of administrative determination.--A
        determination on the merits or a determination with respect to
        a hearing on the record shall be subject to de novo review.
    (g) Filing Period.--The running of the filing period, for the
purpose of filing a civil action under subsection (c) or requesting a
hearing on the record under subsection (d)(2), shall be tolled for the
period that, with respect to the eligible complaint--
            (1) begins on the date of a request for a determination on
        the merits; and
            (2) ends on the date on which the Secretary issues a
        determination with respect to a determination on the merits or
        a hearing on the record.
    (h) Relief.--
            (1) Amount.--Subject to paragraph (2), a complainant shall,
        under subsection (b), and may, under subsection (e), be awarded
        such relief as the complainant would be afforded under the
        Equal Credit Opportunity Act (15 U.S.C. 1691), including--
                    (A) actual damages;
                    (B) the costs of the action, together with a
                reasonable attorney's fee; and
                    (C) debt relief, including--
                            (i) write-downs or write-offs of the
                        principal on a loan;
                            (ii) write-downs or write-offs of the
                        interest on a loan;
                            (iii) reduction of the interest rate on a
                        loan;
                            (iv) waiver or reduction of penalties with
                        respect to a loan; or
                            (v) other modification of the terms of a
                        loan.
            (2) Limitations on relief.--
                    (A) In general.--The total amount awarded under
                this section for all claims shall not exceed
                $100,000,000.
                    (B) Actual damages, costs, and attorney's fees.--
                The sum of the total amount awarded under paragraph
                (1)(A) for all claims, plus the total amount awarded
                under paragraph (1)(B) for all claims, shall not exceed
                $40,000,000.
                    (C) Debt relief.--The total amount awarded under
                paragraph (1)(C) for all claims shall not exceed
                $60,000,000.
            (3) Exemption from taxation.--Any award under clauses (ii),
        (iii), or (iv) of subparagraph (C) of paragraph (1) shall not
        be included in gross income for purposes of chapter 1 of the
        Internal Revenue Code of 1986.
    (i) Funding.--There is hereby appropriated to the Secretary, for
relief awarded under subsection (h)(1), $100,000,000, to remain
available until expended.

Output:
Appropriates funds to the Secretary of Agriculture (USDA) to carry out the Settlement Agreement (dated February 18, 2010, between plaintiffs and the Secretary to resolve claims that were raised or that could have been raised in the cases consolidated in In re Black Farmers Discrimination Litigation, including Pigford claims) if the Agreement is approved by a court order that is or becomes final and nonappealable.

States that: (1) such funds are in addition to certain Commodity Credit Corporation (CCC) funds and shall be available only after the CCC funds are fully obligated; and (2) if the Agreement is not approved the CCC funds shall be the sole funding for Pigford claims.

Permits an eligible complaint alleging discrimination in violation of the Equal Credit Opportunity Act involving a USDA credit program to file a civil action or request administrative review as provided for by this Act.


Input:
SECTION 1. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) properly conducted intercollegiate athletic programs
        contribute to the beneficial development of student athletes
        and the vibrancy of campus life at institutions of higher
        education;
            (2) recent events pose grave threats to the financial
        stability of athletic programs at institutions of higher
        education and create pressure on institutions of higher
        education to consider eliminating non-revenue Olympic sports or
        increasing general fund, student fee, and donor subsidies to
        athletics at a time when such resources are needed for priority
        academic programs;
            (3) there are concerns about the health and safety needs of
        student athletes with regard to adequacy of injury protections
        and other medical protocols;
            (4) academic integrity at institutions of higher education
        is threatened by increased incidences of academic fraud
        involving student athletes, failure to provide adequate
        remedial programs for academically unprepared admitted
        athletes, and excessive athletics time demands;
            (5) student athletes faced with loss of financial aid and
        other benefits and National Collegiate Athletic Association
        (NCAA) member institutions in danger of financial penalties,
        loss of media rights, and public embarrassment due to alleged
        rules violations are not being afforded adequate due process;
            (6) the NCAA, member institutions of the NCAA, and college
        presidents have not adequately addressed these issues; and
            (7) reform is so complex and important to higher education
        that a blue ribbon commission of sport experts and members of
        Congress should be convened to objectively study these issues
        and propose solutions.

SEC. 2. ESTABLISHMENT.

    There is established a commission to be known as the Presidential
Commission on Intercollegiate Athletics.

SEC. 3. DUTIES.

    (a) Review.--The Commission shall review and analyze the following
issues related to intercollegiate athletics:
            (1) The interaction of athletics and academics, including--
                    (A) the extent to which existing athletic practices
                allow student athletes to succeed as both students and
                athletes;
                    (B) how athletics affect the academic mission,
                academic integrity, and credit worthiness of
                institutions of higher education;
                    (C) graduation rates of student athletes; and
                    (D) standards of academic eligibility for
                participation in and terms of scholarships for student
                athletes.
            (2) The financing of intercollegiate athletics, including--
                    (A) sources of revenue, including student fees,
                media contracts, and licensing agreements;
                    (B) expenditures of revenue, including compliance
                with title IX of the Education Amendments of 1972,
                coaching salaries, and facilities development;
                    (C) the ability of institutions of higher education
                to finance intercollegiate athletics;
                    (D) the financial transparency of intercollegiate
                athletics;
                    (E) the criteria for receipt of financial
                disbursements or rewards from athletic membership
                associations;
                    (F) rules related to earnings and benefits by
                student athletes, including the possibility of
                commercial compensation for the use of the names,
                images, and likenesses of student athletes and whether
                a student athlete may retain a personal representative
                to negotiate on behalf of the student athlete;
                    (G) tax regulations related to revenue from
                intercollegiate athletics; and
                    (H) Federal judicial decisions that affect
                compensation for student athletes or the right of
                student athletes to organize as a collective bargaining
                unit.
            (3) Recruitment and retention of student athletes,
        including rules related to--
                    (A) professional sports participation;
                    (B) transfer of student athletes to other
                institutions; and
                    (C) recruitment and representations made to
                potential student athletes.
            (4) Oversight and governance practices.
            (5) Health and safety protections for student athletes.
            (6) Due process and other protections related to the
        enforcement of rules and regulations related to student
        athletes.
            (7) Any other issues the Commission considers relevant to
        understanding the state of intercollegiate athletics.
    (b) Recommendations.--The Commission shall develop recommendations
regarding the issues identified in subsection (a) based on the review
and analysis of the issues under such subsection.

SEC. 4. MEMBERSHIP.

    (a) In General.--The Commission shall be composed of 17 members
appointed as follows:
            (1) Five members appointed by the President, in
        consultation with the Secretary of Education and the Attorney
        General.
            (2) Three members appointed by the Speaker of the House of
        Representatives, including--
                    (A) one Member of the House of Representatives; and
                    (B) two individuals who are not Members of
                Congress.
            (3) Three members appointed by the minority leader of the
        House of Representatives, including--
                    (A) one Member of the House of Representatives; and
                    (B) two individuals who are not Members of
                Congress.
            (4) Three members appointed by the majority leader of the
        Senate, including--
                    (A) one Member of the Senate; and
                    (B) two individuals who are not Members of
                Congress.
            (5) Three members appointed by the minority leader of the
        Senate, including--
                    (A) one Member of the Senate; and
                    (B) two individuals who are not Members of
                Congress.
    (b) Qualifications.--Appointments shall be made from individuals
who are specially qualified to serve on the Commission by virtue of
their education, training, or experience.
    (c) Vacancy.--Any vacancy on the Commission shall not affect the
powers of the Commission, but shall be filled in the manner in which
the original appointment was made.
    (d) Chair.--The Chair of the Commission shall be elected by the
members.
    (e) Reimbursement; Service Without Pay.--Members of the Commission
shall serve without pay, except members of the Commission shall be
entitled to reimbursement for travel, subsistence, and other necessary
expenses incurred by them in carrying out the functions of the
Commission, in the same manner as persons employed intermittently by
the Federal Government are allowed expenses under section 5703 of title
5, United States Code.

SEC. 5. STAFF.

    The Commission may appoint and fix the compensation of a staff
director and such other personnel as may be necessary to enable the
Commission to carry out its functions, without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no rate of
pay fixed under this paragraph may exceed the equivalent of that
payable for a position at level V of the Executive Schedule under
section 5316 of title 5, United States Code.

SEC. 6. MEETINGS.

    (a) In General.--The Commission shall meet at the call of the Chair
or of a majority of its members.
    (b) First Meeting.--The first such meeting shall occur not later
than 90 days after the date of the enactment of this Act.

SEC. 7. POWERS.

    (a) In General.--The Commission may, for the purpose of carrying
out this Act, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
    (b) Delegation.--Any member or agent of the Commission may, if
authorized by the Commission, take any action which the Commission is
authorized to take by this section.
    (c) Access to Information.--The Commission may secure directly from
any department or agency of the United States information necessary to
enable it to carry out this Act. Upon request of the Commission, the
head of such department or agency shall furnish such information to the
Commission.
    (d) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the United States.
    (e) Administrative Support.--The Administrator of General Services
shall provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request that are
necessary for the Commission to carry out its responsibilities under
this Act.

SEC. 8. REPORT.

    Not later than the date that is 1 year after the date of the first
meeting of the Commission, the Commission shall submit to the President
and the Congress a written report of its findings and recommendations
based on the review and analysis required by section 3.

SEC. 9. TERMINATION.

    The Commission shall terminate on the date that is 30 days after
the date on which the Commission submits the report required by section
8.

SEC. 10. DEFINITIONS.

    (a) Commission.--In this Act, the term ``Commission'' means the
Presidential Commission on Intercollegiate Athletics established by
section 2.
    (b) Institution of Higher Education.--In this Act, the term
``institution of higher education'' means any institution that--
            (1) meets the definition in section 102(a)(1) of the Higher
        Education Act of 1965 (20 U.S.C. 1002(a)(1)); and
            (2) has student athletes who are eligible for Federal
        student loans.

Output: Establishes the Presidential Commission on Intercollegiate Athletics to review, analyze, and report to the President and Congress on the following issues related to intercollegiate athletics:  the interaction of athletics and academics, the financing of intercollegiate athletics, the recruitment and retention of student athletes, oversight and governance practices, health and safety protections for student athletes, due process and other protections related to the enforcement of student athlete rules and regulations, and any other issues the Commission considers relevant to understanding the state of intercollegiate athletics.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pirate Fishing Vessel Disposal Act
of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Stateless vessels forfeited to the United States for
        engaging in illegal, unreported, and unregulated fishing are of
        little inherent economic value, and have no useful commercial
        fishing purpose other than engaging in this type of pirate
        fishing.
            (2) The environmental harm of allowing vessels seized for
        illegal, unreported, or unregulated fishing to return to such
        fishing activities far outweighs any damage to the environment
        caused by sinking or otherwise disposing of such vessels at
        appropriate depths and distances from shore after proper
        decontamination procedures and disposal site selection have
        been followed.
            (3) Maritime threats to the United States increasingly
        involve asymmetrical warfare and the Navy and Coast Guard need
        to be prepared for such threats.
            (4) Using vessels forfeited for engaging in illegal,
        unreported, or unregulated fishing in live-fire sinking
        exercises represents an important opportunity for the Armed
        Forces to prepare for such asymmetrical maritime warfare.
            (5) Since the oils and hazardous and toxic substances
        aboard such vessels pose a threat to the marine environment,
        and since such vessels are essentially abandoned assets, it is
        appropriate to use the Oil Spill Liability Trust Fund to
        prevent pollution and pay for decontamination costs for such
        vessels.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--Except as otherwise specifically
        provided, the term ``Administrator'' means the Administrator of
        the Maritime Administration.
            (2) Commandant.--The term ``Commandant'' means the
        Commandant of the United States Coast Guard.
            (3) Forfeited vessel.--The term ``forfeited vessel'' means
        a foreign or stateless vessel that is forfeited to the United
        States for engaging in illegal, unreported, or unregulated
        fishing under any of the living marine resource statutes
        implemented by the Secretary of Commerce.
            (4) Illegal, unreported, or unregulated fishing.--The term
        ``illegal, unreported, or unregulated fishing'' means fishing
        activities--
                    (A) conducted by a national or foreign vessel in
                waters under the jurisdiction of a nation without the
                permission of that nation, or in contravention of its
                laws and regulations, including activities that have
                not been reported, or have been misreported, to the
                relevant national authority of that nation in
                contravention of its laws and regulations;
                    (B) conducted by a vessel flying the flag of a
                nation that is a member of a regional fisheries
                management organization in contravention of the
                conservation and management measures adopted by that
                organization and by which that nation is bound,
                including activities that have not been reported, or
                have been misreported, in contravention of the
                reporting requirements of that organization;
                    (C) conducted by a vessel flying the flag of a
                nation that is a cooperating non-member of a regional
                fisheries management organization that are inconsistent
                with the commitments undertaken by that nation as a
                cooperating non-member of that organization, including
                activities that have not been reported, or have been
                misreported, in a manner that is inconsistent with
                those commitments; or
                    (D) conducted in the area of application of a
                regional fisheries management organization by a vessel
                without nationality or by a vessel flying the flag of a
                nation that is not a member nor a cooperating non-
                member of that organization and that undermines the
                effectiveness of the conservation and management
                measures of that organization.
            (5) Under secretary.--The term ``Under Secretary'' means
        the Under Secretary for Oceans and Atmosphere of the Department
        of Commerce.

SEC. 4. USE OF FORFEITED VESSELS.

    (a) Sinking.--
            (1) Authority.--The Commandant is authorized to use a
        vessel described in paragraph (2) for live-fire sinking
        exercises if the Commandant determines that the vessel would be
        useful for such exercises.
            (2) Vessel described.--A vessel described in this paragraph
        is a vessel that is--
                    (A) transferred to the Commandant under paragraph
                (3); or
                    (B) otherwise under the administrative control of
                the Commandant as a forfeited vessel.
            (3) Requirement to transfer vessel.--The head of an agency
        or department of the United States with administrative control
        over a forfeited vessel shall transfer such vessel to the
        Commandant for use in live-fire sinking exercises authorized
        under paragraph (1) if the Commandant determines that the
        vessel would be useful for such exercises.
    (b) Scrapping or Recycling or Transfer for Law Enforcement or Other
Purposes.--If a forfeited vessel is not transferred to or utilized by
the Commandant for sinking exercises under subsection (a), the
forfeited vessel shall be transferred to or otherwise under the control
of the Commandant, the Administrator, or the Under Secretary, as
appropriate, and be--
            (1) scrapped or recycled by a facility in the United States
        or disposed of on land;
            (2) sold or donated to a developing nation solely for the
        purposes of fisheries enforcement, provided that any fishing
        gear is removed from the vessel; or
            (3) donated to a not-for-profit institution or governmental
        agency solely for the purposes of education, research, or other
        public interest purposes with agreement from the recipient
        entity that vessel will never be utilized for illegal,
        unreported, or unregulated fishing or related activities.
    (c) Limitation on Exercises.--The sinking exercises authorized by
subsection (a) shall take place only--
            (1) in water not less than 1,000 fathoms deep;
            (2) not less than 50 nautical miles from any land;
            (3) not outside the exclusive economic zone of the United
        States; and
            (4) outside of any--
                    (A) habitat area of particular concern identified
                under the Magnuson-Stevens Fishery Conservation and
                Management Act (16 U.S.C. 1801 et seq.); or
                    (B) critical habitat, as defined in section 3(5) of
                the Endangered Species Act of 1973 (16 U.S.C. 1532(5)).
    (d) Participation of the Armed Forces.--The Commandant may invite
the Secretary of the Army, the Secretary of the Navy, or the Secretary
of the Air Force to participate in sinking exercises authorized by
subsection (a).

SEC. 5. DECONTAMINATION OF FORFEITED VESSELS.

    (a) Requirement for Decontamination.--Before sinking a forfeited
vessel in exercises authorized by section 4(a), the Commandant shall--
            (1) remove from such vessel any material that may degrade
        the marine environment, including petroleum products, to the
        maximum extent practicable with best current techniques and in
        compliance with--
                    (A) the General Permit for the Transport of Target
                Vessels set out in section 229.2 of title 40, Code of
                Federal Regulations, or any similar subsequent permit
                issued by the Administrator of the Environmental
                Protection Agency pursuant to section 102 of the
                Protection, Research, and Sanctuaries Act of 1972 (33
                U.S.C. 1412);
                    (B) the Marine Protection, Research, and
                Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.); and
                    (C) the guidance recommending best management
                practices for vessel preparation developed by the
                Maritime Administration and the Environmental
                Protection Agency pursuant to section 3504(b) of the
                Bob Stump National Defense Authorization Act for Fiscal
                Year 2003 (Public Law 107-314; 16 U.S.C. 1220 note);
            (2) consult with the Administrator, the Secretary of the
        Navy, and the Administrator of the Environmental Protection
        Agency on the proper procedures to decontaminate such vessel;
        and
            (3) remove from such vessel and properly dispose of any
        fishing gear and other materials that are likely to float or
        pose an entanglement hazard and become a threat to marine life.
    (b) Inapplicability of the Toxic Substances Control Act.--The Toxic
Substances Control Act (15 U.S.C. 2601 et seq.) shall not apply to the
sinking of a forfeited vessel in exercises authorized by section 4(a)
and in compliance with this Act.

SEC. 6. FUNDING.

    (a) Sinking, Scrapping, and Recycling.--
            (1) Authorization.--The Commandant is authorized--
                    (A) for a forfeited vessel to be sunk in exercises
                as authorized by section 4(a), to utilize funds from
                the Oil Spill Liability Trust Fund established by
                section 9509 of the Internal Revenue Code of 1986 for
                the costs of berthing, towing, decontamination, and
                other preparations for such exercises; or
                    (B) for a forfeited vessel to be scrapped or
                recycled as authorized by section 4(b)(1), to utilize
                or transfer to the Administrator or Under Secretary, as
                appropriate, funds from such Trust Fund for the costs
                of berthing, towing, and for such scrapping or
                recycling, if such costs exceed the scrap value of the
                vessel.
            (2) Allowance of expenditures from oil spill liability
        trust fund.--Paragraph (1) of section 9509(c) of the Internal
        Revenue Code of 1986 is amended by striking ``and'' at the end
        of subparagraph (E), by striking the period at the end of
        subparagraph (F) and inserting ``, and'', and by adding at the
        end the following new subparagraph:
                    ``(G) for the payment of costs authorized under the
                Pirate Fishing Vessel Disposal Act of 2011.''.
    (b) Sale or Donation.--Section 311(e)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)) is
amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end
        and inserting a semicolon and ``and''; and
            (3) by adding at the end the following:
            ``(G) expenses or reimburse costs associated with the sale
        or donation of a vessel under paragraph (2) or (3) of section
        4(b) of the Pirate Fishing Vessel Disposal Act of 2011,
        including berthing, towing, decontamination, and other
        preparation of the vessel for sale or transfer.''.

SEC. 7. EFFECTIVE DATE.

    This Act shall apply to all forfeited vessels surrendered or seized
and forfeited after September 1, 2011.

Output:
Pirate Fishing Vessel Disposal Act of 2011 - Directs the head of a U.S. agency with administrative control over a forfeited vessel to transfer such vessel to the Commandant of the Coast Guard for use in live-fire sinking exercises if the Commandant determines that the vessel would be useful for such exercises. Requires, if a forfeited vessel is not transferred to or utilized by the Commandant for such exercises, that the forfeited vessel be transferred to or otherwise under the control of the Commandant, the Administrator of the Maritime Administration, or the Under Secretary for Oceans and Atmosphere of the Department of Commerce, and be: (1) scrapped or recycled; (2) sold or donated to a developing nation for fisheries enforcement; or (3) donated to a not-for-profit institution or governmental agency for education, research, or other public interest purposes with an agreement that the vessel will never be utilized for illegal, unreported, or unregulated fishing or related activities.

Defines a "forfeited vessel" as a foreign or stateless vessel forfeited to the United States for engaging in specified illegal, unreported, or unregulated fishing under any of the living marine resource statutes implemented by the Secretary of Commerce.

Applies this Act to all forfeited vessels surrendered or seized and forfeited after September 1, 2011.