Input:
SECTION 1. SHORT TITLE; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Safe NOW Act of
2006''.
    (b) Purpose.--The purpose of this Act is to establish a National
Sex Offender Risk Classification Task Force to create guidelines for
the establishment of a risk-based sex offender classification system
that will--
            (1) classify sex offenders based on the threat of danger
        each sex offender poses to the public; and
            (2) allow law enforcement agencies and the public to
        identify the most dangerous sex offenders listed in sex
        offender registries by using the classification system.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Sex offender registry.--The term ``sex offender
        registry'' means a registry of sex offenders, and a
        notification program, maintained by a jurisdiction.
            (2) Jurisdiction.--The term ``jurisdiction'' means any of
        the following:
                    (A) A State.
                    (B) The District of Columbia.
                    (C) The Commonwealth of Puerto Rico.
                    (D) Guam.
                    (E) American Samoa.
                    (F) The Northern Mariana Islands.
                    (G) The United States Virgin Islands.
                    (H) Any Federally recognized Indian tribe.

SEC. 3. NATIONAL SEX OFFENDER RISK CLASSIFICATION TASK FORCE.

    (a) Task Force Established.--There is established, under the
general authority of the Attorney General, the National Sex Offender
Risk Classification Task Force (referred to in this Act as the ``Task
Force'').
    (b) Duties.--
            (1) In general.--The Task Force shall--
                    (A) create preliminary guidelines for the
                establishment of a risk-based sex offender
                classification system;
                    (B) administer the demonstration program under
                section 4; and
                    (C) create final guidelines for the establishment
                of a risk-based sex offender classification system that
                shall be made available to jurisdictions for use in
                accordance with section 7, and that shall be created
                using the information gathered through--
                            (i) the demonstration program under section
                        4; and
                            (ii) the activities of the working groups
                        under paragraph (3).
            (2) Creation of guidelines.--In creating the guidelines
        required under this subsection, the Task Force shall consider--
                    (A) empirically-based assessment tools available to
                assess the dangers posed by sex offenders;
                    (B) the methods used to classify sex offenders for
                the purposes of sex offender registries in use by
                Federal, State, and local law enforcement agencies as
                of the date of enactment of this Act, and how those
                methods differ from a risk-based sex offender
                classification system;
                    (C) means by which information regarding the risk-
                based classification of sex offenders may be
                comprehensively and consistently disseminated to
                Federal, State, and local law enforcement agencies and
                the public;
                    (D) opportunities available to sex offenders
                (especially those who are not under court supervision)
                to change their risk-based classification, including
                voluntary participation in sex offender treatment and
                monitoring programs; and
                    (E) any negative consequences that have resulted
                from Megan's Law (Public Law 104-145; 110 Stat. 1345),
                and steps that might be taken to reduce such negative
                consequences.
            (3) Working groups.--The Chair shall designate 5 working
        groups within the Task Force, each of which shall conduct one
        of the following activities:
                    (A) Survey the methods of risk classification used
                by each jurisdiction, as of the date of enactment of
                this Act, and identify changes to such methods that
                jurisdictions could implement to improve the
                efficiency, accuracy, and consistency of sex offender
                registries.
                    (B) Research and analyze the effectiveness of the
                most recently developed tools available (as of the date
                of enactment of this Act) to assess the dangers posed
                by sex offenders and to classify sex offenders based on
                risk.
                    (C) Identify the strengths and weaknesses of
                Federal, State, and local sex offender registration and
                notification procedures in use as of the day before the
                date of enactment of this Act, and propose methods to
                improve any such weaknesses.
                    (D) Analyze Federal, State, and local law
                enforcement agency procedures for community
                notification regarding sex offenders (as of the date of
                enactment of this Act), and determine the most
                appropriate procedures to notify communities regarding
                sex offenders of varying risk-based classifications.
                    (E) Develop a resource guide that Federal, State,
                and local law enforcement agencies may use to educate
                the public about the prevention of sex offenses, the
                dangers posed by sex offenders, the systems used to
                classify sex offenders, and the access and use of sex
                offender registries.
    (c) Membership.--
            (1) In general.--The Task Force shall consist of 20
        members, who shall be appointed by the Attorney General within
        45 days after the date of enactment of this Act, and who shall
        include--
                    (A) the Chair;
                    (B) one representative from each of the following:
                            (i) the Safe NOW Project;
                            (ii) the National Association to PROTECT
                        Children;
                            (iii) Parents For Megan's Law, Inc.;
                            (iv) the Association for the Treatment of
                        Sexual Abusers;
                            (v) the National Sheriffs' Association;
                            (vi) the National Association of Police
                        Organizations;
                            (vii) the American Probation and Parole
                        Association;
                            (viii) the American Psychological
                        Association;
                            (ix) the National Association of Criminal
                        Defense Lawyers;
                            (x) the Washington State Institute for
                        Public Policy;
                            (xi) the National Center for Missing and
                        Exploited Children;
                            (xii) the Office for Victims of Crime;
                            (xiii) the Center for Sex Offender
                        Management;
                            (xiv) the National Law Enforcement and
                        Corrections Technology Center;
                            (xv) the Federal Bureau of Investigation;
                        and
                            (xvi) the Center for Disease Control and
                        Prevention; and
                    (C) three representatives of the academic community
                who specialize in risk assessment of sex offenders.
            (2) Selection criteria.--The Attorney General shall appoint
        to the Task Force a Chair and a diverse group of members who
        are knowledgeable in the fields of sex offender management,
        community education, risk assessment of sex offenders, and sex
        offender victim issues.
            (3) Terms; vacancies.--The term of office for members shall
        be for the life of the Task Force. A vacancy in the Task Force
        shall not affect the powers of the Task Force, and shall be
        filled in the same manner in which the original appointment was
        made.
            (4) Compensation.--
                    (A) Except as provided in subparagraph (B), the
                Chair and members of the Task Force shall be paid at
                the rate of $500 per day for each day, including travel
                time, during which he or she is engaged in the actual
                performance of duties vested in the Task Force.
                    (B) A member of the Task Force who is a full-time
                officer or employee of the United States or a Member of
                Congress shall receive no additional pay, allowances,
                or benefits by reason of his or her service to the Task
                Force.
                    (C) All members of the Task Force shall be
                reimbursed for travel, subsistence, and other necessary
                expenses incurred by them in the performance of their
                duties to the extent authorized by chapter 57 of title
                5, United States Code.
    (d) Meetings.--
            (1) Frequency.--The Task Force shall meet not less than 4
        times per year, at the call of the Chair. The Attorney General
        shall call the first meeting of the Task Force within 90 days
        after the date of the enactment of this Act, or within 30 days
        after the date on which legislation is enacted making
        appropriations to carry out this Act, whichever date is later.
            (2) Record.--The Task Force shall maintain records of an
        active roster of membership, meeting minutes, and any other
        information the Chair may require.
            (3) Public meetings; notice.--Task Force meetings shall be
        open to the public, except as determined otherwise by the Chair
        (or other official to whom the authority has been delegated by
        the Chair). Notice of all meetings shall be published in the
        Federal Register not later than 30 days before the date of such
        meeting.
            (4) Closed meetings.--No later than 7 days after any Task
        Force meeting (or a portion of such a meeting) is closed to the
        public, a report shall be prepared for the Attorney General by
        a designated member the Task Force who was present for the
        entirety of such meeting, which shall contain, at a minimum, a
        list of individuals present and the activities conducted at
        such closed meeting.

SEC. 4. DEMONSTRATION PROGRAM.

    (a) In General.--The Task Force is authorized to carry out a
demonstration program under which the Task Force shall award one grant
to each of 5 selected jurisdictions to carry out the activities under
subsection (b).
    (b) Program Activities.--A selected jurisdiction shall use a grant
awarded under subsection (a) to--
            (1) use the preliminary guidelines created by the Task
        Force under section 3(b) to implement a risk-based sex offender
        classification system to classify sex offenders registered in
        the jurisdiction's sex offender registry;
            (2) demonstrate the extent to which such preliminary
        guidelines provide for the successful implementation of an
        effective risk-based sex offender classification system; and
            (3) identify ways such preliminary guidelines may be
        improved to provide better guidance for the successful
        implementation of an effective risk-based sex offender
        classification system.
    (c) Applications.--A jurisdiction desiring to participate in the
demonstration program shall submit an application to the Task Force at
such time, in such manner, and containing such information as the Task
Force may require.
    (d) Selection of Jurisdictions.--
            (1) Not later than 9 months after the date of the first
        meeting of the Task Force, the Task Force shall select 5
        jurisdictions to participate in the demonstration program from
        the applications received under subsection (c).
            (2) The Task Force shall develop criteria to select
        jurisdictions to participate in the demonstration program. In
        developing such criteria and selecting jurisdictions, the Task
        Force shall consider--
                    (A) the importance of the participation of
                demographically and geographically diverse
                jurisdictions in the demonstration program; and
                    (B) the willingness and ability of jurisdictions
                to--
                            (i) collaborate with officials in such
                        jurisdiction responsible for the management of
                        sex offenders;
                            (ii) report to the Task Force on the
                        effectiveness of the preliminary guidelines
                        created under section 3(b);
                            (iii) provide recommendations to the Task
                        Force regarding the improvement of such
                        preliminary guidelines and the creation of
                        final guidelines; and
                            (iv) provide information about their
                        participation in the demonstration program to
                        other jurisdictions implementing a risk-based
                        sex offender classification system.
    (e) Duration.--A grant awarded under this subsection shall be for
the one-year period beginning on the date one year after the date of
the first meeting of the Task Force, and shall not be renewable.
    (f) Assistance and Review.--The Task Force shall provide technical
assistance as necessary to the jurisdictions selected to participate in
the demonstration program, and shall document the demonstration program
experience of each selected jurisdiction in the final report required
under section 5.

SEC. 5. REPORTS.

    (a) The Task Force shall provide to the Attorney General and to the
relevant committees of Congress--
            (1) not later than one year after the date of the first
        meeting of the Task Force, an initial report containing--
                    (A) preliminary guidelines for the establishment of
                a risk-based sex offender classification system to be
                used for the demonstration program under section 3;
                    (B) a list of the jurisdictions selected to
                participate in such demonstration program; and
                    (C) a summary of the activities conducted by, and
                the findings of, each working group under section
                3(b)(3); and
            (2) not later than 6 months after the date of the
        expiration of the demonstration program grants made under
        section 4, a final report containing--
                    (A) final guidelines for the establishment of a
                risk-based sex offender classification system, as
                required under section 3(b); and
                    (B) a summary of the information gathered through
                the demonstration program under section 4, including
                any information provided by the jurisdictions that
                participated in such program that was considered by the
                Task Force in the creation of the final guidelines
                under subparagraph (A).

SEC. 6. TERMINATION OF TASK FORCE.

    The Task Force shall terminate 90 days after the final report under
section 5 is provided to the Attorney General and the relevant
committees of Congress.

SEC. 7. SENSE OF CONGRESS REGARDING USE OF GUIDELINES.

    It is the sense of Congress that each jurisdiction should use the
final guidelines created by the Task Force under this Act to implement
a risk-based sex offender classification system to classify sex
offenders registered in such jurisdiction's sex offender registry.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry
out this Act (except for section 4), $1,000,000 for each of fiscal
years 2007, 2008, and 2009.
    (b) Demonstration Program.--There are authorized to be appropriated
such sums as may be necessary to carry out the demonstration program
under section 4.

Output: Safe NOW Act of 2006 - Establishes the National Sex Offender Risk Classification Task Force to create guidelines for a risk-based sex offender classification system. Authorizes the Task Force to carry out demonstration programs in five selected jurisdictions to: (1) use the Task Force's preliminary guidelines to implement such a system for their sex offender registries; and (2) identify ways to improve such guidelines. Expresses the sense of Congress that each state, federally recognized Indian tribe, and U.S. possession and territory should use final Task Force guidelines to implement such a system for its registry.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sports Agent Responsibility and
Trust Act''.

SEC. 2. DEFINITIONS.

    As used in this Act, the following definitions apply:
            (1) Agency contract.--The term ``agency contract'' means an
        oral or written agreement in which a student athlete authorizes
        a person to negotiate or solicit on behalf of the student
        athlete a professional sports contract or an endorsement
        contract.
            (2) Athlete agent.--The term ``athlete agent'' means an
        individual who enters into an agency contract with a student
        athlete, or directly or indirectly recruits or solicits a
        student athlete to enter into an agency contract, and does not
        include a spouse, parent, sibling, grandparent, or guardian of
        such student athlete, or an individual acting solely on behalf
        of a professional sports team or professional sports
        organization.
            (3) Athletic director.--The term ``athletic director''
        means an individual responsible for administering the athletic
        program of an educational institution or, in the case that such
        program is administered separately, the athletic program for
        male students or the athletic program for female students, as
        appropriate.
            (4) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (5) Endorsement contract.--The term ``endorsement
        contract'' means an agreement under which a student athlete is
        employed or receives consideration for the use by the other
        party of that individual's person, name, image, or likeness in
        the promotion of any product, service, or event.
            (6) Intercollegiate sport.--The term ``intercollegiate
        sport'' means a sport played at the collegiate level for which
        eligibility requirements for participation by a student athlete
        are established by a national association for the promotion or
        regulation of college athletics.
            (7) Professional sports contract.--The term ``professional
        sports contract'' means an agreement under which an individual
        is employed, or agrees to render services, as a player on a
        professional sports team, with a professional sports
        organization, or as a professional athlete.
            (8) State.--The term ``State'' includes a State of the
        United States, the District of Columbia, Puerto Rico, the
        United States Virgin Islands, or any territory or insular
        possession subject to the jurisdiction of the United States.
            (9) Student athlete.--The term ``student athlete'' means an
        individual who engages in, is eligible to engage in, or may be
        eligible in the future to engage in, any intercollegiate sport.
        An individual who is permanently ineligible to participate in a
        particular intercollegiate sport is not a student athlete for
        purposes of that sport.

SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN
              CONNECTION WITH THE CONTACT BETWEEN AN ATHLETE AGENT AND
              A STUDENT ATHLETE.

    (a) Conduct Prohibited.--It is unlawful for an athlete agent to--
            (1) directly or indirectly recruit or solicit a student
        athlete to enter into an agency contract, by--
                    (A) giving any false or misleading information or
                making a false promise or representation; or
                    (B) providing anything of value to a student
                athlete or anyone associated with the student athlete
                before the student athlete enters into an agency
                contract;
            (2) enter into an agency contract with a student athlete
        without providing the student athlete with the disclosure
        document described in subsection (b); or
            (3) predate or postdate an agency contract.
    (b) Required Disclosure by Athlete Agents to Student Athletes.--
            (1) In general.-- In conjunction with the entering into of
        an agency contract, an athlete agent shall provide to the
        student athlete, or, if the student athlete is under the age of
        18 to such student athlete's parent or legal guardian, a
        disclosure document that meets the requirements of this
        subsection. Such disclosure document is separate from and in
        addition to any disclosure which may be required under State
        law.
            (2) Signature of student athlete.--The disclosure document
        must be signed by the student athlete, or, if the student
        athlete is under the age of 18 by such student athlete's parent
        or legal guardian, prior to entering into the agency contract.
            (3) Required language.--The disclosure document must
        contain, in close proximity to the signature of the student
        athlete, or, if the student athlete is under the age of 18, the
        signature of such student athlete's parent or legal guardian, a
        conspicuous notice in boldface type stating: ``Warning to
        Student Athlete: If you agree orally or in writing to be
        represented by an agent now or in the future you may lose your
        eligibility to compete as a student athlete in your sport.
        Within 72 hours after entering into this contract or before the
        next athletic event in which you are eligible to participate,
        whichever occurs first, both you and the agent by whom you are
        agreeing to be represented must notify the athletic director of
        the educational institution at which you are enrolled, or other
        individual responsible for athletic programs at such
        educational institution, that you have entered into an agency
        contract.''.

SEC. 4. ENFORCEMENT.

    (a) Unfair or Deceptive Act or Practice.--A violation of this Act
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Actions by the Commission.--The Commission shall enforce this
Act in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this Act.

SEC. 5. ACTIONS BY STATES.

    (a) In General.--
            (1) Civil actions.--In any case in which the attorney
        general of a State has reason to believe that an interest of
        the residents of that State has been or is threatened or
        adversely affected by the engagement of any athlete agent in a
        practice that violates section 3 of this Act, the State may
        bring a civil action on behalf of the residents of the State in
        a district court of the United States of appropriate
        jurisdiction to--
                    (A) enjoin that practice;
                    (B) enforce compliance with this Act;
                    (C) obtain damage, restitution, or other
                compensation on behalf of residents of the State; or
                    (D) obtain such other relief as the court may
                consider to be appropriate.
            (2) Notice.--
                    (A) In general.--Before filing an action under
                paragraph (1), the attorney general of the State
                involved shall provide to the Commission--
                            (i) written notice of that action; and
                            (ii) a copy of the complaint for that
                        action.
                    (B) Exemption.--Subparagraph (A) shall not apply
                with respect to the filing of an action by an attorney
                general of a State under this subsection, if the
                attorney general determines that it is not feasible to
                provide the notice described in that subparagraph
                before filing of the action. In such case, the attorney
                general of a State shall provide notice and a copy of
                the complaint to the Commission at the same time as the
                attorney general files the action.
    (b) Intervention.--
            (1) In general.--On receiving notice under subsection
        (a)(2), the Commission shall have the right to intervene in the
        action that is the subject of the notice.
            (2) Effect of intervention.--If the Commission intervenes
        in an action under subsection (a), it shall have the right--
                    (A) to be heard with respect to any matter that
                arises in that action; and
                    (B) to file a petition for appeal.
    (c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this title shall
be construed to prevent an attorney general of a State from exercising
the powers conferred on the attorney general by the laws of that State
to--
            (1) conduct investigations;
            (2) administer oaths or affirmations; or
            (3) compel the attendance of witnesses or the production of
        documentary and other evidence.
    (d) Actions by the Commission.--In any case in which an action is
instituted by or on behalf of the Commission for a violation of section
3, no State may, during the pendency of that action, institute an
action under subsection (a) against any defendant named in the
complaint in that action--
    (e) Venue.--Any action brought under subsection (a) may be brought
in the district court of the United States that meets applicable
requirements relating to venue under section 1391 of title 28, United
States Code.
    (f) Service of Process.--In an action brought under subsection (a),
process may be served in any district in which the defendant--
            (1) is an inhabitant; or
            (2) may be found.

SEC. 6. PROTECTION OF EDUCATIONAL INSTITUTION.

    (a) Notice Required.--Within 72 hours after entering into an agency
contract or before the next athletic event in which the student athlete
may participate, whichever occurs first, the athlete agent and the
student athlete shall each inform the athletic director of the
educational institution at which the student athlete is enrolled, or
other individual responsible for athletic programs at such educational
institution, that the student athlete has entered into an agency
contract, and the athlete agent shall provide the athletic director
with notice in writing of such a contract.
    (b) Civil Remedy.--
            (1) In general.--An educational institution has a right of
        action against an athlete agent for damages caused by a
        violation of this Act.
            (2) Damages.--Damages of an educational institution may
        include losses and expenses incurred because, as a result of
        the conduct of the athlete agent, the educational institution
        was injured by a violation of this Act or was penalized,
        disqualified, or suspended from participation in athletics by a
        national association for the promotion and regulation of
        athletics, by an athletic conference, or by reasonable self-
        imposed disciplinary action taken to mitigate actions likely to
        be imposed by such an association or conference.
            (3) Costs and attorneys fees.--In an action taken under
        this section, the court may award to the prevailing party costs
        and reasonable attorneys fees.
            (4) Effect on other rights, remedies and defenses.--This
        section does not restrict the rights, remedies, or defenses of
        any person under law or equity.

SEC. 7. SENSE OF CONGRESS.

    It is the sense of Congress that States should enact the Uniform
Athlete Agents Act of 2000 drafted by the National Conference of
Commissioners on Uniform State Laws, to protect student athletes and
the integrity of amateur sports from unscrupulous sports agents. In
particular, it is the sense of Congress that States should enact the
provisions relating to the registration of sports agents, the required
form of contract, the right of the student athlete to cancel an agency
contract, the disclosure requirements relating to record maintenance,
reporting, renewal, notice, warning, and security, and the provisions
for reciprocity among the States.

Output: Sports Agent Responsibility and Trust Act - Prohibits an agent from: (1) directly or indirectly recruiting or soliciting a student athlete to enter into an agency contract by giving false or misleading information or making a false promise or representation or by providing anything of value to the athlete before entering into such a contract; (2) entering into an agency contract with a student athlete without providing the required disclosure document; or (3) predating or postdating an agency contract.Requires an agent, in conjunction with the signing of an agency contract, to provide to the athlete a separate disclosure document that includes notice that if the athlete signs the contract he or she may lose eligibility to compete as a student athlete in that sport. Requires the student athlete to sign such document before signing the agency contract.Treats a violation of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act. Authorizes civil actions by State attorneys general under specified circumstances.Requires the agent and the athlete, within 72 hours after entering into an agency contract or before the next athletic event in which the athlete may participate, whichever occurs first, to provide notice to the educational institution that the athlete has entered into an agency contract. Grants an educational institution a right of action against an agent for damages caused by such agent's failure to provide such notice.Expresses the sense of Congress that States should enact the Uniform Athlete Agents Act of 2000 drafted by the National Conference of Commissioners on Uniform State Laws to protect student athletes and the integrity of amateur sports from unscrupulous sports agents.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Administration
Accountability Act of 2012''.

SEC. 2. AMENDING SOCIAL SECURITY ADMINISTRATION BUDGETARY MATTERS.

    (a) Annual Budget.--Section 704(b)(1)(A) of the Social Security Act
(42 U.S.C. 904(b)(1)(A)) is amended to read as follows:
    ``(b)(1)(A) The Commissioner shall prepare and submit an annual
budget estimate for the Administration directly to the President and
Congress.''.
    (b) Contents of Budget.--Section 704(b)(1)(B) of such Act (42
U.S.C. 904(b)(1)(B)) is amended to read as follows:
    ``(B) The Commissioner shall include in the annual budget prepared
pursuant to subparagraph (A) the following:
            ``(i) The total number of cases pending at each hearing
        office, listed by hearing office, and an aggregate total of all
        cases pending at all hearing offices.
            ``(ii) The total number of cases pending for over the
        preceding year at each hearing office, listed by both hearing
        office and presiding administrative judge, and an aggregate
        total of all cases pending for over such year at all hearing
        offices.
            ``(iii) The average duration of time to process each case
        at each hearing office, listed by hearing office.
            ``(iv) The staffing levels at each hearing office and field
        office, including a listing of job titles, classifications, and
        the number of staff within each title and classification.''.
    (c) Comprehensive Work Force Plan.--Section 704(b)(2)(A) of such
Act (42 U.S.C. 904(b)(2)(A)) is amended by adding at the end the
following: ``Not later than 90 days before a revision of the
comprehensive work force plan, the Commissioner shall submit the
document setting forth the revision to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the
Senate.''.

SEC. 3. CLOSURE OF FIELD OR HEARING OFFICES.

    (a) Moratorium on Closure or Consolidation of Field or Hearing
Offices or New Limitations on Access to Such Offices.--
            (1) In general.--Except as provided in paragraph (2), the
        Commissioner of Social Security shall take no action on or
        after the date of the enactment of this Act to close or
        consolidate field or hearing offices of the Social Security
        Administration or to otherwise impose any new limitation on
        access to such offices.
            (2) Cessation of moratorium upon report to congress.--
        Paragraph (1) shall cease to be effective 180 days after the
        Commissioner submits to the Committee on Ways and Means of the
        House of Representatives and the Committee on Finance of the
        Senate a detailed report outlining and justifying the process
        for selecting field or hearing offices to be closed or
        consolidated or otherwise to have limited access. Such report
        shall include--
                    (A) an analysis of the criteria used for selecting
                field or hearing offices for closure, consolidation, or
                limited access;
                    (B) a description of how the Commissioner has
                analyzed and considered relevant factors, including but
                not limited to transportation and communication burdens
                faced by individuals serviced by the offices, including
                elderly and disabled citizens; and
                    (C) a description of any method of cost-benefit
                analysis applied by the Commissioner in connection with
                closures and consolidations of field or hearing
                offices, and other limitations on access to field or
                hearing offices, including any analysis that takes into
                account--
                            (i) the anticipated savings resulting from
                        the closure, consolidation, or limitation on
                        access;
                            (ii) the anticipated costs associated with
                        replacing services lost by the closure,
                        consolidation, or limitation on access;
                            (iii) the anticipated effects on employees
                        of the offices affected; and
                            (iv) such other relevant factors as may be
                        determined by the Commissioner, including but
                        not limited to transportation and communication
                        burdens faced by individuals serviced by the
                        offices, including elderly and disabled
                        citizens.
    (b) Requirements for Future Closures, Consolidations, and New
Limitations on Access.--
            (1) In general.--Section 704 of the Social Security Act (42
        U.S.C. 904) is amended by adding at the end the following new
        subsection:

                      ``Field and Hearing Offices

    ``(f)(1) The Commissioner may not close a field or hearing office
of the Administration, consolidate two or more such offices, or
otherwise impose any new limitation on public access to any such
office, unless the Commissioner complies with the requirements of
paragraphs (2), (3), and (4) in connection with the closure,
consolidation, or limitation on public access.
    ``(2)(A) The requirements of this paragraph are met in connection
with a closure, consolidation, or new limitation on access referred to
in paragraph (1) only if--
            ``(i) not later than 120 days before the date of the
        closure, consolidation, or limitation on access, the
        Commissioner provides effective public notice of the proposed
        closure, consolidation, or limitation on access (including, to
        the extent practicable, notice by direct mailing and through
        community outlets such as newspapers and posting in heavily
        frequented public spaces) to individuals residing in the area
        serviced by the affected office or offices; and
            ``(ii) not earlier than 30 days after the issuance of
        public notice pursuant to clause (i) and not later than 45 days
        before the date of the proposed closure, consolidation, or
        limitation on access, the Commissioner conducts at least 2
        public hearings (scheduled so that the first and last such
        hearings are separated by at least 10 days), at which the
        Commissioner presents the justifications for the closure,
        consolidation, or limitation on access described in
        subparagraph (B) and provides for attendees an opportunity to
        present their views regarding the proposed closure,
        consolidation, or limitation on access.
    ``(B) The justifications referred to in subparagraph (A)(ii) shall
consist of the following:
            ``(i) an analysis of the criteria used for selecting the
        field or hearing office or offices for closure, consolidation,
        or limited access;
            ``(ii) a description of how the Commissioner has analyzed
        and considered relevant factors, including but not limited to
        transportation and communication burdens faced by individuals
        serviced by the offices, including elderly and disabled
        citizens; and
            ``(iii) a description of a method of cost-benefit analysis
        which shall be applied by the Commissioner in connection with
        the closure, consolidation, or limitation on access, and which
        shall take into account--
                    ``(I) the anticipated savings resulting from the
                closure, consolidation, or limitation on access;
                    ``(II) the anticipated costs associated with
                replacing services lost by the closure, consolidation,
                or limitation on access;
                    ``(III) the anticipated effects on employees of the
                offices affected; and
                    ``(IV) such other relevant factors as may be
                determined by the Commissioner, including but not
                limited to transportation and communication burdens
                faced by individuals serviced by the offices, including
                elderly and disabled citizens.
    ``(C) The notice provided pursuant to subparagraph (A)(i) shall
include notice of the time and place of the public hearings to be
conducted pursuant to clause (A)(ii) and of the right of aggrieved
individuals to appeal to the Commissioner regarding the proposed
closure, consolidation, or limitation on access pursuant to paragraph
(4).
    ``(3) The requirements of this paragraph are met in connection with
a closure, consolidation, or limitation on access referred to in
paragraph (1) only if, not later than 30 days before the date of the
proposed closure, consolidation, or limitation on access, the
Commissioner submits to the Committee on Ways and Means of the House of
Representatives, the Committee on Finance of the Senate, and each
Member of the Congress representing a State or congressional district
in which the affected office or offices are located a detailed final
report in support of the closure, consolidation, or limitation on
access. Such report shall include--
            ``(A) the justifications described in paragraph (2)(B),
        (including any amendments made to such justifications after the
        public hearings conducted pursuant to paragraph (2)(A));
            ``(B) any findings made by the Commissioner pursuant to the
        public hearings;
            ``(C) the status of any appeals regarding the closure,
        consolidation, or new limitation on access which were commenced
        pursuant to paragraph (4) before the date of the report;
            ``(D) the final decision of the Commissioner regarding the
        closure, consolidation, or new limitation on access; and
            ``(E) such other information as the Commissioner considers
        relevant.
    ``(4)(A) Upon timely request by any individual who makes a showing
in writing described in subparagraph (B) in connection with a proposed
closure, consolidation, or limitation on access referred to in
subparagraph (A), the Commissioner shall give such individual an
opportunity for a hearing with respect to the closure, consolidation,
or limitation on access. The request for the hearing shall be
considered timely only if it is made not later than 30 days before the
proposed date of the closure, consolidation, or limitation on access.
The Commissioner shall submit to the Committee on Ways and Means of the
House of Representatives, the Committee on Finance of the Senate, and
each Member of the Congress representing a State or congressional
district in which the affected office or offices are located the
Commissioner's findings based on the hearing and a description of any
action taken or to be taken by Commissioner on the basis of such
findings.
    ``(B) A showing described in subparagraph (A) shall consist of a
showing that--
            ``(i) the determination of the Commissioner to close a
        field or hearing office, consolidate field or hearing offices,
        or impose a new limitation on access to a field or hearing
        office is arbitrary, capricious, an abuse of discretion, not in
        accordance with law, or not based on substantial evidence; or
            ``(ii) the Commissioner has failed to observe procedures
        required by law in connection with the closure, consolidation,
        or new limitation on access.''.
            (2) Effective date.--The amendment made by paragraph (1) of
        this subsection shall apply with respect to closures and
        consolidations of field or hearing offices and impositions of
        new limitations on access to such offices occurring after the
        cessation of the moratorium under subsection (a) of this
        section.

Output:
Social Security Administration Accountability Act of 2012 - Amends title VII (Administration) of the Social Security Act to require the Commissioner of Social Security to submit an annual budget estimate of the Social Security Administration (SSA) (instead of a budget) directly to Congress and the President (instead of first to the President, who would submit it to Congress).

Revises requirements for the general contents of the SSA budget, requiring inclusion of the number of cases pending at each hearing office and the average processing time.

Prohibits the Commissioner from closing or consolidating SSA field or hearing offices, or otherwise limiting public access to one, until 180 days after submitting to specified congressional committees a detailed report outlining and justifying the process for selecting field offices to be closed, consolidated, or otherwise have limited access.

Prohibits the Commissioner from closing an SSA field or hearing office, consolidating two or more such offices, or otherwise imposing any new limitation on public access to any such office unless the Commissioner follows certain administrative procedures.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Port of Entry Personnel
and Infrastructure Funding Act of 2007''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Northern border.--The term ``Northern border'' means
        the international border between the United States and Canada.
            (2) Port of entry.--The term ``port of entry'' includes
        land, air, and sea ports of entry into the United States.
            (3) Southern border.--The term ``Southern border'' means
        the international border between the United States and Mexico.

SEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL.

    (a) Staff Enhancements for Customs Officers.--In addition to
positions authorized as of the date of the enactment of this Act,
United States Customs and Border Protection shall hire, train, and
assign to duty during fiscal years 2009 through 2012--
            (1) 2,000 full-time officers to serve on primary inspection
        lanes at land ports of entry on the Northern border and the
        Southern border;
            (2) 1,000 full-time officers to serve on primary inspection
        lanes at air and sea ports of entry on the Northern border and
        the Southern border;
            (3) 600 supervisory full-time officers to serve on the
        Northern border and the Southern border; and
            (4) 200 support staff for ports of entry along the Northern
        border and the Southern border.
    (b) Staff Enhancements for Customs Officers in Texas.--In addition
to positions authorized on the date of the enactment of this Act,
United States Customs and Border Protection shall hire, train, and
assign to duty during fiscal years 2009 through 2012--
            (1) 750 full-time officers to serve on primary inspection
        lines at land ports of entry in Texas; and
            (2) 500 full-time officers to serve on primary inspection
        lines at air and sea ports of entry in Texas.
    (c) Waiver of FTE Limitation.--The Secretary of Homeland Security
may waive any limitation on the number of full-time equivalent
personnel assigned to the Department of Homeland Security in order to
fulfill the requirements under subsections (a) and (b).
    (d) Secure Communication and Equipment.--The Secretary of Homeland
Security shall, subject to the availability of appropriations for such
purpose, ensure that all United States Customs and Border Protection
agents and officers are equipped with secure 2-way communication and
satellite-enabled devices to ensure communication between agents and
ports of entry, patrol, and inspection stations, and other Federal,
State, local and tribal law enforcement agencies.
    (e) Retention Incentives, Training, and Salaries.--
            (1) In general.--The Secretary of Homeland Security shall,
        subject to the availability of appropriations for such purpose,
        ensure that the requirements under this subsection are met.
            (2) Training.--
                    (A) New hires.--All new United States Customs and
                Border Protection officers (including new supervisory
                officers) shall receive initial law enforcement
                training at the Federal Law Enforcement Center. Such
                training shall include--
                            (i) at least 30 hours of training on
                        immigration and nationality law;
                            (ii) language training to ensure
                        proficiency in Spanish and in any other
                        language frequently used by aliens on the
                        Southern border, unless such officers have
                        already demonstrated proficiency in such
                        languages;
                            (iii) training on the law and standards
                        governing the use of force in apprehension and
                        detention of aliens; and
                            (iv) training on ethics and substance
                        abuse.
                    (B) Existing cbp officers.--All existing United
                States Customs and Border Protection officers shall
                receive annual law enforcement training in a manner,
                and at such locations, as prescribed by the
                Commissioner of United States Customs and Border
                Protection. Such refresher training shall include--
                            (i) at least 10 hours on immigration and
                        nationality law, including recent changes
                        through legislative action, litigation,
                        administrative regulations, and policy
                        interpretations of the Department of Homeland
                        Security;
                            (ii) refresher training on the law and
                        standards governing the use of force in
                        apprehension and detention of aliens; and
                            (iii) training on ethics and substance
                        abuse.
            (3) Recruitment and retention bonuses.--To the extent
        necessary to retain qualified United States Customs and Border
        Protection port of entry officers and border patrol agents, the
        Secretary may pay recruitment incentives that are not less than
        $5,000 and not more than $10,000.
            (4) Special rules for incentive payments.--
                    (A) In general.--Any recruitment incentive payment
                shall be paid to each new employee, in a lump sum,
                after the employee has entered on duty and completed 6
                months of service.
                    (B) Retention incentives.--A retention incentive
                payment shall--
                            (i) be paid to an employee, in a lump sum,
                        at the end of the fiscal year in which the
                        qualified employee is selected by the
                        Secretary, or a delegate of the Secretary, for
                        receipt of such payment;
                            (ii) not be limited solely to work
                        performance, but may be based on criteria such
                        as--
                                    (I) longevity of service and
                                experience;
                                    (II) comparative salaries for law
                                enforcement officers in other Federal
                                agencies; and
                                    (III) costs for replacement and
                                training of a new employee;
                            (iii) be contingent upon the selected
                        employee signing an agreement, under penalty of
                        perjury, to remain in Federal service at his or
                        her current location for at least 3 years;
                            (iv) be subject to reimbursement if the
                        employee fails to complete the required 3 years
                        of Federal service due to voluntary or
                        involuntary separation from service.
    (f) Salaries.--Section 101(b) of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (8 U.S.C. 1711(b)) is amended to read as
follows:
    ``(b) Authorization of Appropriations for CBP Employees.--There are
authorized to be appropriated to United States Customs and Border
Protection such sums as may be necessary to increase, beginning January
1, 2008, the annual rate of basic pay for United States Customs and
Border Protection employees who have completed at least 1 year of
service--
            ``(1) to the annual rate of basic pay payable for positions
        at GS-12 of the General Schedule under subchapter III of
        chapter 53 of title 5, United States Code, for officers and
        agents who have been paid at the annual rate of basic pay
        payable for a position at GS-5, GS-6, GS-7, GS-8, or GS-9 of
        the General Schedule;
            ``(2) to the annual rate of basic pay payable for positions
        at GS-12, step 10, GS-13, or GS-14, step 1, respectively, of
        the General Schedule, for supervisory officers and supervisory
        border patrol agents who have been paid at an annual rate of
        pay payable for positions at GS-10, GS-11, or GS-12 of the
        General Schedule; and
            ``(3) to the annual rate of basic pay payable for positions
        at GS-8, GS-9, or GS-10, respectively, of the General Schedule,
        for assistants who have been paid at an annual rate of pay
        payable for positions at GS-5, GS-6, or GS-7 of the General
        Schedule.''.

SEC. 4. PORTS OF ENTRY INFRASTRUCTURE.

    (a) In General.--The Secretary of Homeland Security may--
            (1) construct additional ports of entry along the Northern
        border and the Southern border; and
            (2) determine the location for new ports of entry, except
        as provided under subsection (c).
    (b) Consultation.--The Secretary of Homeland Security may designate
locations for new ports of entry after consultation with the Secretary
of Interior, the Secretary of Agriculture, appropriate representatives
of States, local governments, and Indian tribes, and property owners in
the United States. Such consultations shall be designed to minimize the
impact of the new ports of entry on the environment, culture, commerce,
and quality of life for the communities and residents located near the
proposed sites at which the such ports of entry will be constructed.
    (c) Expansion of Texas Ports of Entry.--
            (1) Eagle pass.--The Secretary shall expand the vehicle,
        cargo, and pedestrian inspection lanes at the Eagle Pass, Texas
        port of entry by 6 additional primary and secondary inspection
        lanes by the end of fiscal year 2012.
            (2) Laredo.--The Secretary shall expand the vehicle, cargo,
        and pedestrian inspection lanes at the Laredo, Texas port of
        entry by 6 additional primary and secondary inspection lanes by
        the end of fiscal year 2012.

SEC. 5. EXEMPTION FROM THE ADMINISTRATIVE PROCEDURES ACT AND THE
              PAPERWORK REDUCTION ACT.

    (a) Administrative Procedures Act.--Chapter 5 of title 5, United
States Code (commonly known as the ``Administrative Procedure Act''),
and any other law relating to rulemaking, information collection, or
publication in the Federal Register, shall not apply to any action to
implement this Act, and the amendments made by this Act, to the extent
the Secretary of Homeland Security, the Secretary of State, the
Attorney General, or the Secretary of Labor determines that compliance
with any such requirement would impede the expeditious implementation
of this Act or the amendments made by this Act.
    (b) Paperwork Reduction Act.--Chapter 35 of title 44, United States
Code (commonly known as the ``Paperwork Reduction Act''), shall not
apply to any action to implement this Act or the amendments made by
this Act to the extent the Secretary of Homeland Security, the
Secretary of State, the Attorney General, or the Secretary of Labor
determines that compliance with any such requirement would impede the
expeditious implementation of such Act or the amendments made by this
Act.

SEC. 6. EXEMPTION FROM GOVERNMENT CONTRACTING AND HIRING RULES.

    (a) In General.--Notwithstanding any other provision of law, in
implementing this Act--
            (1) the competition requirements under section 303 of the
        Federal Property and Administrative Services Act of 1949 (41
        U.S.C. 253) shall not apply;
            (2) any executive agency entering into a contract to
        implement this Act may use noncompetitive procedures in
        accordance with section 303(c) of such Act;
            (3) the Secretary of Homeland Security may enter into
        contracts to implement the programs described in this Act in
        advance of the receipt of any fees imposed on any beneficiary
        or petitioner for benefits under this Act;
            (4) the Secretary may not collect fees in excess of the
        amount necessary to defray the costs of the programs described
        in this Act;
            (5) the Secretary may appoint employees on a term,
        temporary limited, or part-time basis without regard to--
                    (A) the number of such employees;
                    (B) the ratio between the number of such employees
                and the number of permanent full-time employees; and
                    (C) the duration of such employees' employment; and
            (6) nothing in chapter 71 of title 5, United States Code,
        shall affect the authority of any Department of Homeland
        Security management official to hire employees under this
        subsection on a temporary limited or part-time basis.
    (b) Limitations on Judicial Review.--The determination of an
executive agency under section 303 of the Federal Property and
Administrative Services Act (41 U.S.C. 253(c)) shall not be subject to
challenge by protest to--
            (1) the Government Accountability Office under subchapter V
        of chapter 35 of title 31, United States Code; or
            (2) the Court of Federal Claims under section 1491 of title
        28, United States Code.
    (c) Reports.--Any executive agency exercising the authority granted
under subsections (a) and (b) shall--
            (1) immediately submit written notification to the
        Committee on the Judiciary of the Senate and the Committee on
        the Judiciary of the House of Representatives; and
            (2) submit a quarterly report on the estimated obligations
        incurred pursuant to the authority granted under subsection
        (b).

SEC. 7. AUTHORITY TO ACQUIRE LEASEHOLDS.

    Notwithstanding any other provision of law, the Secretary of
Homeland Security may acquire a leasehold interest in real property,
and may provide in a lease entered into under this section for the
construction or modification of any facility on the leased property, if
the Secretary determines that the acquisition of such interest, and
such construction or modification, are necessary to facilitate the
implementation of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--In addition to any funds otherwise available,
there are authorized to be appropriated--
            (1) such sums as may be necessary for each of the fiscal
        years 2009 through 2012 to carry out subsections (a) and (b) of
        section 3;
            (2) $10,000,000 for each of the fiscal years 2009 through
        2012 to carry out section 3(d);
            (3) $30,000,000 for each of the fiscal years 2009 through
        2012 to carry out section 3(e)(1);
            (4) $10,000,000 for each of the fiscal years 2009 through
        2012 to carry out section 3(e)(3);
            (5) such sums as may be necessary to carry out section 3(f)
        for fiscal year 2008 and for each succeeding fiscal year; and
            (6) $400,000,000 for each of the fiscal years 2008 through
        2010 to carry out section 4.
    (b) International Agreements.--In addition to any funds otherwise
made available, there are authorized to be appropriated $100,000,000
for each of the fiscal years 2009 through 2012 for continued
implementation of--
            (1) the Secure Border Initiative, the Western Hemisphere
        Travel Initiative, and the US-VISIT program on the Northern
        border and the Southern border; and
            (2) the Customs-Trade Partnership Against Terrorism.

Output:
Emergency Port of Entry Personnel and Infrastructure Funding Act of 2007 - Directs the U.S. Customs and Border Protection for FY2009-FY2012 to hire, train, and assign additional customs and border protection personnel (with an additional allotment for Texas) for the Northern and Southern U.S. borders. Requires the Secretary of Homeland Security (Secretary) to ensure such personnel are equipped with secure two-way communication devices and that existing personnel and new hires receive law enforcement training.

Authorizes the Secretary to: (1) construct additional ports of entry along the Northern and Southern U.S. borders; and (2) determine the location for new U.S. ports of entry. Requires expansion of the vehicle, cargo, and pedestrian inspection lanes at Eagle Pass, Texas, and Laredo, Texas.

Exempts the provisions of this Act from: (1) the Administrative Procedures Act and the Paperwork Reduction Act; and (2) federal competitive contracting and hiring requirements.

Authorizes appropriations, including for continued implementation of: (1) the Secure Border Initiative, the Western Hemisphere Travel Initiative, and the US-VISIT program; and (2) the Customs-Trade Partnership Against Terrorism.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mark O. Hatfield-Elizabeth Furse
Scholarship and Excellence in Tribal Governance Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Senator Mark O. Hatfield and Congresswoman Elizabeth
        Furse served the United States with distinction and honor;
            (2) Senator Hatfield and Congresswoman Furse have had a
        lasting impact on the relationship between the United States
        and Native Americans;
            (3) Senator Hatfield and Congresswoman Furse have been
        champions of the rights of Native Americans and Alaska Natives
        and worked in Congress to strengthen tribal self-governance;
        and
            (4) it is a fitting tribute to the leadership, courage, and
        bipartisan spirit that Senator Mark O. Hatfield and
        Congresswoman Elizabeth Furse exemplify to establish in their
        names programs to encourage excellence in tribal government.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Board of Trustees
        of the Foundation established under section 4(b).
            (2) Eligible individual.--The term ``eligible individual''
        means a citizen or national of the United States or a permanent
        resident alien of the United States.
            (3) Foundation.--The term ``Foundation'' means the Mark O.
        Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal
        Governance Foundation established by section 4(a).
            (4) Fund.--The term ``Fund'' means the Mark O. Hatfield-
        Elizabeth Furse Scholarship and Excellence in Tribal Governance
        Fund established by section 7.
            (5) Institute.--The term ``Institute'' means the Institute
        for Tribal Government at Portland State University.
            (6) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given the
        term in section 101(a) of the Higher Education Act of 1965 (20
        U.S.C. 1001(a)).
            (7) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) American Samoa;
                    (D) the Commonwealth of the Northern Mariana
                Islands;
                    (E) Guam;
                    (F) the Republic of the Marshall Islands;
                    (G) the Federal States of Micronesia;
                    (H) the Republic of Palau;
                    (I) the Commonwealth of Puerto Rico; and
                    (J) the United States Virgin Islands.

SEC. 4. ESTABLISHMENT OF THE MARK O. HATFIELD-ELIZABETH FURSE
              SCHOLARSHIP AND EXCELLENCE IN TRIBAL GOVERNANCE
              FOUNDATION.

    (a) Establishment.--There is established as an independent entity
in the Executive branch the Mark O. Hatfield-Elizabeth Furse
Scholarship and Excellence in Tribal Governance Foundation.
    (b) Board of Trustees.--
            (1) In general.--The Foundation shall be subject to the
        supervision and direction of a Board of Trustees.
            (2) Membership.--The Board shall be comprised of 12
        trustees, of whom--
                    (A) 2 trustees shall be individuals appointed by
                the President, by and with the advice and consent of
                the Senate, after considering recommendations of the
                Speaker of the House of Representatives, in
                consultation with the minority leader of the House of
                Representatives;
                    (B) 2 trustees shall be individuals appointed by
                the President, by and with the advice and consent of
                the Senate, after considering recommendations of the
                President pro tempore of the Senate, in consultation
                with the majority and minority leaders of the Senate;
                    (C) 5 trustees, not more than 3 trustees of whom
                shall be of the same political party, shall be
                individuals appointed by the President, by and with the
                advice and consent of the Senate, who have demonstrated
                leadership and interest in strengthening tribal self-
                governance, such as tribal leaders involved in health
                and public policy development affecting Native American
                and Alaska Native communities;
                    (D) 1 trustee shall be the Secretary of the
                Interior;
                    (E) 1 trustee shall be the Secretary of Education;
                and
                    (F) 1 trustee shall be the president of Portland
                State University, who shall serve as a nonvoting member
                and shall not be eligible to serve as Chairperson.
    (c) Term.--
            (1) In general.--The term of a member of the Board shall be
        6 years, except that--
                    (A) in the case of the trustees first taking
                office--
                            (i) as designated by the President, 1
                        trustee appointed under subsection (b)(2)(B)
                        and 2 trustees appointed under subsection
                        (b)(2)(C) shall serve 2 years;
                            (ii) as designated by the President, 1
                        trustee appointed under subsection (b)(2)(A)
                        and 2 trustees appointed under subsection
                        (b)(2)(C) shall serve 4 years; and
                            (iii) as designated by the President, 1
                        trustee appointed under subsection (b)(2)(A), 1
                        trustee appointed under subsection (b)(2)(B),
                        and 1 trustee appointed under subsection
                        (b)(2)(C) shall serve 6 years; and
                    (B) a trustee appointed to fill a vacancy shall--
                            (i) serve for the remainder of the term for
                        which the predecessor of the trustee was
                        appointed; and
                            (ii) be appointed in the same manner as the
                        original appointment for that vacancy was made.
    (d) Travel and Subsistence Pay.--A trustee shall serve without pay,
but shall be entitled to reimbursement for travel, subsistence, and
other necessary expenses incurred in the performance of the duties of a
member of the Board.
    (e) Location of Foundation.--The Foundation shall be located in
Portland, Oregon.
    (f) Executive Director.--
            (1) In general.--There shall be an Executive Director of
        the Foundation, who shall be appointed by the Board.
            (2) Duties.--The Executive Director--
                    (A) shall be the chief executive officer of the
                Foundation; and
                    (B) shall carry out the functions of the
                Foundation, subject to the supervision and direction of
                the Board, and such other functions consistent with
                this Act as the Board shall prescribe.
            (3) Compensation.--The Executive Director shall be
        compensated at the rate specified for an employee in level IV
        of the Executive Schedule under section 5315 of title 5, United
        States Code.

SEC. 5. PURPOSES.

    The purposes of the Foundation shall be--
            (1) to develop resources to properly train Native American
        and Alaska Native tribal council members in self-government and
        related fields;
            (2) to foster among people in the United States greater
        recognition and understanding of the role of tribal self-
        government in the development of the United States;
            (3) to identify critical issues facing tribal governments;
            (4) to establish a program for tribal governance research
        at the Institute; and
            (5) to provide educational outreach regarding tribal self-
        government.

SEC. 6. AUTHORITY OF THE FOUNDATION.

    (a) In General.--The Foundation, in consultation with the
Institute, may identify and conduct such programs, activities, and
services as the Foundation considers appropriate to carry out the
purposes of the Foundation.
    (b) Programs, Activities, and Services.--The Foundation may, in
accordance with this section--
            (1) award scholarships, fellowships, internships, and
        grants; and
            (2) provide grants to the Institute to carry out and manage
        other programs, activities, and services.
    (c) National Competition.--The Foundation may provide, directly or
by contract, for the conduct of national competition for the purpose of
selecting recipients of scholarships, fellowships, internships, and
grants awarded under this Act.
    (d) Award of Scholarships, Fellowships, Internships, and Grants.--
            (1) In general.--The Foundation may award scholarships,
        fellowships, internships, and grants to eligible individuals
        who meet the minimum criteria established by the Foundation,
        for study in fields relating to tribal governance.
            (2) Elizabeth furse scholars.--Recipients of scholarships,
        fellowships, internships, and grants under this Act shall be
        known as ``Elizabeth Furse Scholars''.
    (e) Scholarships.--
            (1) In general.--The Foundation may award scholarships to
        outstanding--
                    (A) undergraduate students who intend to pursue
                careers relating to tribal governance; and
                    (B) Native American and Alaska Native undergraduate
                students who intend to pursue careers in tribal public
                policy.
            (2) Payments.--An eligible individual awarded a scholarship
        under this Act may receive payments under this Act only during
        such periods as the Foundation determines that the eligible
        individual--
                    (A) is maintaining satisfactory proficiency and
                devoting full time to study or research; and
                    (B) is not engaging in gainful employment other
                than employment approved by the Foundation under
                regulations of the Board.
            (3) Reports.--
                    (A) In general.--The Foundation may require reports
                containing such information, in such form, and to be
                filed at such times as the Foundation determines to be
                necessary from any eligible individual awarded a
                scholarship under this Act.
                    (B) Certificate.--Except as otherwise provided
                under this subsection, a report under subparagraph (A)
                shall be accompanied by a certificate from an
                appropriate official at the institution of higher
                education, approved by the Foundation, stating that the
                individual is making satisfactory progress in, and is
                devoting essentially full time to, study or research.
    (f) Fellowships.--The Foundation may award fellowships to--
            (1) outstanding graduate students who intend to pursue
        advanced degrees in fields relating to tribal governance;
            (2) outstanding Native American and Alaska Native graduate
        students who intend to pursue advanced degrees in tribal public
        policy, law, or medicine; and
            (3) faculty from a variety of disciplines to bring the
        expertise of the faculty to the Foundation.
    (g) Internships.--The Foundation may award internships to deserving
and qualified--
            (1) individuals, for use in participating in internships in
        Federal, State, and local agencies or in offices of major
        tribal governance organizations; and
            (2) Native American and Alaska Native individuals, for use
        in participating in internships in Federal, State, and local
        agencies or in offices of major public health or public policy
        organizations.
    (h) Grants.--The Foundation shall award grants to the Institute--
            (1) to provide for an annual panel of experts to discuss
        contemporary tribal governance issues;
            (2) to conduct tribal governance policy research;
            (3) to conduct research on Native American and Alaska
        Native tribal public policy issues; and
            (4) to invite visiting policymakers to share practical
        experiences with the Foundation.
    (i) Coordination.--The Foundation shall assist in the development
and implementation of a program for tribal governance research to be
located at the Institute.
    (j) Program Priorities.--
            (1) In general.--Subject to paragraph (2), the Foundation
        shall determine--
                    (A) the priority of the programs to be carried out
                under this Act; and
                    (B) the amount of funds to be allocated for the
                programs.
            (2) Requirements.--Of amounts made available to carry out
        this section--
                    (A) not less than 50 percent shall be used for the
                programs described in subsections (e), (f), and (g);
                    (B) not less than 20 percent shall be made
                available to the Institute to carry out subsections (h)
                and (i), on the conditions that--
                            (i) a 25-percent matching share is provided
                        from other non-Federal sources; and
                            (ii) adequate space at the Institute is
                        made available by the Institute for the
                        Executive Director and other appropriate staff
                        of the Foundation; and
                    (C) not more than 15 percent shall be used for
                salaries and other administrative purposes.

SEC. 7. ESTABLISHMENT OF MARK O. HATFIELD-ELIZABETH FURSE SCHOLARSHIP
              AND EXCELLENCE IN TRIBAL GOVERNANCE TRUST FUND.

    (a) Establishment of Fund.--There is established in the Treasury of
the United States a trust fund to be known as the ``Mark O. Hatfield-
Elizabeth Furse Scholarship and Excellence in Tribal Governance Trust
Fund'', to be administered by the Foundation, consisting of amounts
appropriated to the fund under section 10.
    (b) Investment of Fund Assets.--
            (1) In general.--The Secretary of the Treasury shall invest
        in full, at the direction of the Board, the amounts
        appropriated to the Fund.
            (2) Eligible investments.--The investments shall be in
        public debt securities with maturities suitable for the needs
        of the Fund.
            (3) Interest.--Investments in public debt securities shall
        bear interest at rates determined by the Secretary of the
        Treasury, taking into consideration the current average market
        yield on outstanding marketable obligations of the United
        States of comparable maturity.

SEC. 8. EXPENDITURES AND AUDIT OF TRUST FUND.

    (a) In General.--The Foundation shall pay from the interest and
earnings of the Fund such amounts as the Board determines are
appropriate to enable the Foundation to carry out this Act.
    (b) Audit by Government Accountability Office.--
            (1) In general.--The activities of the Foundation and the
        Institute under this Act may be audited by the Government
        Accountability Office under such regulations as may be
        promulgated by the Comptroller General of the United States.
            (2) Access.--Representatives of the Government
        Accountability Office shall have access to all books, accounts,
        records, reports filed and all other papers, things, or
        property belonging to or in use by the Foundation and the
        Institute that pertain to federally-assisted activities and are
        necessary to facilitate the audit.

SEC. 9. ADMINISTRATIVE PROVISIONS.

     To carry out this Act, the Foundation may--
            (1) appoint, and fix the compensation of, such personnel as
        are necessary to carry out this Act, except that in no case
        shall an employee other than the Executive Director be
        compensated at a rate that exceeds the maximum rate for
        employees in grade GS-15 of the General Schedule under section
        5332 of title 5, United States Code;
            (2) procure or fund the Institute to procure temporary and
        intermittent services of such experts and consultants as are
        necessary to the extent authorized by section 3109 of title 5,
        United States Code, but at rates not to exceed the rate
        specified at the time of such service for level IV of the
        Executive Schedule under section 5315 of title 5, United States
        Code;
            (3) promulgate such regulations as the Foundation considers
        to be necessary governing the manner in which the functions of
        the Foundation shall be carried out;
            (4) accept, hold, administer, and use gifts, both real and
        personal, for the purpose of aiding or facilitating the work of
        the Foundation;
            (5) accept and use the services of voluntary and
        noncompensated personnel and reimburse such personnel for
        travel expenses, including per diem expenses, as authorized by
        section 5703 of title 5, United States Code;
            (6) enter into contracts, grants, or other arrangements or
        modifications of contracts, grants, or arrangements to carry
        out this Act, which contracts, grants, arrangements, and
        modifications may, with the concurrence of at least \2/3\ of
        the members of the Board, be entered into without performance
        bond or other bond, and without regard to section 3709 of the
        Revised Statutes (41 U.S.C. 5); and
            (7) make other necessary expenditures.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

     There is authorized to be appropriated to the Fund $50,000,000.

Output:
Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Act of 2004 - Establishes as an independent entity of the executive branch the Mark O. Hatfield-Elizabeth Furse Scholarship and Excellence in Tribal Governance Foundation to be located in Portland, Oregon, to: (1) develop resources to properly train Native American and Alaska Native tribal council members in self-government and related fields; (2) foster greater recognition and understanding of the role of tribal self-government in the development of the United States; (3) identify critical issues facing tribal governments in the Nation; (4) establish a program for tribal goverance research at the Institute for Tribal Government at Portland State University; and (5) provide educational outreach regarding tribal self-government.

Authorizes the Foundation to award scholarships, fellowships, internships, and grants to eligible individuals who meet the minimum criteria established by the Foundation for study in fields relating to tribal governance.

Authorizes the Foundation to award scholarships to outstanding undergraduate students who intend to pursue careers relating to tribal goverance, and Native Americans and Alaska Natives intending to pursue careers in tribal public policy.

Authorizes the Foundation to award fellowships to: (1) outstanding graduate students who intend to pursue advanced degrees in fields relating to tribal governance, and Native Americans and Alaska Natives intending to pursue advanced degrees in tribal public policy, law, or medicine; and (2) faculty from a variety of disciplines to bring their expertise to the Foundation.

Authorizes the Foundation to award internships to deserving and qualified: (1) individuals to work in Federal, State, and local agencies or in offices of major tribal governance organizations; and (2) Native American and Alaska Native individuals to work in Federal, State, and local agencies or in offices of major public health or public policy organizations.

Directs the Foundation to award grants to the Institute to: (1) provide for an annual panel of experts to discuss contemporary tribal governance issues; (2) conduct research in tribal governance policy and on Native American and Alaska Native tribal public policy issues; and (4) invite visiting policymakers to share practical experiences with the Foundation.

Establishes in the Treasury the Mark O. Hatfield- Elizabeth Furse Scholarship and Excellence in Tribal Governance Trust Fund to be administered by the Foundation.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Welfare Integrity and Data
Improvement Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Extension of program.
Sec. 4. Data standardization.
Sec. 5. Spending policies for assistance under State TANF programs.
Sec. 6. Technical corrections.

SEC. 3. EXTENSION OF PROGRAM.

    (a) Family Assistance Grants.--Section 403(a)(1) of the Social
Security Act (42 U.S.C. 603(a)(1) is amended--
            (1) in subparagraph (A), by striking `` each of fiscal
        years 1996'' and all that follows through ``2003'' and
        inserting ``fiscal year 2012'';
            (2) in subparagraph (B)--
                    (A) by inserting ``(as in effect just before the
                enactment of the Welfare Integrity and Data Improvement
                Act)'' after ``this paragraph'' the 1st place it
                appears; and
                    (B) by inserting ``(as so in effect)'' after ``this
                paragraph'' the 2nd place it appears; and
            (3) in subparagraph (C), by striking ``2003'' and inserting
        ``2012''.
    (b) Healthy Marriage Promotion and Responsible Fatherhood Grants.--
Section 403(a)(2)(D) of such Act (42 U.S.C. 603(a)(2)(D)) is amended by
striking ``2011'' and inserting ``2012''.
    (c) Maintenance of Effort Requirement.--Section 409(a)(7) of such
Act (42 U.S.C. 609(a)(7)) is amended--
            (1) in subparagraph (A), by striking ``fiscal year'' and
        all that follows through ``2013'' and inserting ``a fiscal
        year''; and
            (2) in subparagraph (B)(ii)--
                    (A) by striking ``for fiscal years 1997 through
                2012,''; and
                    (B) by striking ``407(a) for the fiscal year,'' and
                inserting ``407(a),''.
    (d) Tribal Grants.--Section 412(a) of such Act (42 U.S.C. 612(a))
is amended in each of paragraphs (1)(A) and (2)(A) by striking ``each
of fiscal years 1997'' and all that follows through ``2003'' and
inserting ``fiscal year 2012''.
    (e) Studies and Demonstrations.--Section 413(h)(1) of such Act (42
U.S.C. 613(h)(1)) is amended by striking ``each of fiscal years 1997
through 2002'' and inserting ``fiscal year 2012''.
    (f) Census Bureau Study.--Section 414(b) of such Act (42 U.S.C.
614(b)) is amended by striking ``each of fiscal years 1996'' and all
that follows through ``2003'' and inserting ``fiscal year 2012''.
    (g) Child Care Entitlement.--Section 418(a)(3) of such Act (42
U.S.C. 618(a)(3)) is amended by striking ``appropriated'' and all that
follows and inserting ``appropriated $2,917,000,000 for fiscal year
2012.''.
    (h) Grants to Territories.--Section 1108(b)(2) of such Act (42
U.S.C. 1308(b)(2)) is amended by striking ``for fiscal years 1997
through 2003'' and inserting ``fiscal year 2012''.
    (i) Prevention of Duplicate Appropriations for Fiscal Year 2012.--
Expenditures made pursuant to the Short-Term TANF Extension Act (Public
Law 112-35) for fiscal year 2012 shall be charged to the applicable
appropriation or authorization provided by the amendments made by this
section for such fiscal year.
    (j) Effective Date.--This section and the amendments made by this
section shall take effect on the date of the enactment of this Act.

SEC. 4. DATA STANDARDIZATION.

    (a) In General.--Section 411 of the Social Security Act (42 U.S.C.
611) is amended by adding at the end the following:
    ``(d) Data Standardization.--
            ``(1) Standard data elements.--
                    ``(A) Designation.--The Secretary, in consultation
                with an interagency work group which shall be
                established by the Office of Management and Budget, and
                considering State and tribal perspectives, shall, by
                rule, designate standard data elements for any category
                of information required to be reported under this part.
                    ``(B) Requirements.--In designating the standard
                data elements, the Secretary shall, to the extent
                practicable--
                            ``(i) ensure that the data elements are
                        nonproprietary and interoperable;
                            ``(ii) incorporate interoperable standards
                        developed and maintained by an international
                        voluntary consensus standards body, as defined
                        by the Office of Management and Budget, such as
                        the International Organization for
                        Standardization;
                            ``(iii) incorporate interoperable standards
                        developed and maintained by intergovernmental
                        partnerships, such as the National Information
                        Exchange Model; and
                            ``(iv) incorporate interoperable standards
                        developed and maintained by Federal entities
                        with authority over contracting and financial
                        assistance, such as the Federal Acquisition
                        Regulatory Council.
            ``(2) Data reporting standards.--
                    ``(A) Designation.--The Secretary, in consultation
                with an interagency work group established by the
                Office of Management and Budget, and considering State
                and tribal perspectives, shall, by rule, designate
                standards to govern the data reporting required under
                this part.
                    ``(B) Requirements.--In designating the data
                reporting standards, the Secretary shall, to the extent
                practicable, incorporate existing nonproprietary
                standards, such as the eXtensible Business Reporting
                Language. Such standards shall, to the extent
                practicable--
                            ``(i) incorporate a widely-accepted,
                        nonproprietary, searchable, computer-readable
                        format;
                            ``(ii) be consistent with and implement
                        applicable accounting principles; and
                            ``(iii) be capable of being continually
                        upgraded as necessary.''.
    (b) Applicability.--The amendments made by this subsection shall
apply with respect to information required to be reported on or after
October 1, 2012.

SEC. 5. SPENDING POLICIES FOR ASSISTANCE UNDER STATE TANF PROGRAMS.

    (a) State Requirement.--Section 408(a) of the Social Security Act
(42 U.S.C. 608(a)) is amended by adding at the end the following:
            ``(12) State requirement to prevent unauthorized spending
        of benefits.--
                    ``(A) In general.--A State to which a grant is made
                under section 403 shall maintain policies and practices
                as necessary to prevent assistance provided under the
                State program funded under this part from being used in
                any electronic benefit transfer transaction in--
                            ``(i) any liquor store;
                            ``(ii) any casino, gambling casino, or
                        gaming establishment; or
                            ``(iii) any retail establishment which
                        provides adult-oriented entertainment in which
                        performers disrobe or perform in an unclothed
                        state for entertainment.
                    ``(B) Definitions.--For purposes of subparagraph
                (A)--
                            ``(i) Liquor store.--The term `liquor
                        store' means any retail establishment which
                        sells exclusively or primarily intoxicating
                        liquor. Such term does not include a grocery
                        store which sells both intoxicating liquor and
                        groceries including staple foods (within the
                        meaning of section 3(r) of the Food and
                        Nutrition Act of 2008 (7 U.S.C. 2012(r))).
                            ``(ii) Casino, gambling casino, or gaming
                        establishment.--The terms `casino', `gambling
                        casino', and `gaming establishment' do not
                        include a grocery store which sells groceries
                        including such staple foods and which also
                        offers, or is located within the same building
                        or complex as, casino, gambling, or gaming
                        activities.
                            ``(iii) Electronic benefit transfer
                        transaction.--The term `electronic benefit
                        transfer transaction' means the use of a credit
                        or debit card service, automated teller
                        machine, point-of-sale terminal, or access to
                        an online system for the withdrawal of funds or
                        the processing of a payment for merchandise or
                        a service.''.
    (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is
amended by adding at the end the following:
            ``(16) Penalty for failure to enforce spending policies.--
                    ``(A) In general.--If, within 2 years after the
                date of the enactment of this paragraph, any State has
                not reported to the Secretary on such State's
                implementation of the policies and practices required
                by section 408(a)(12), or the Secretary determines,
                based on the information provided in State reports,
                that any State has not implemented and maintained such
                policies and practices, the Secretary shall reduce, by
                an amount equal to 5 percent of the State family
                assistance grant, the grant payable to such State under
                section 403(a)(1) for--
                            ``(i) the fiscal year immediately
                        succeeding the year in which such 2-year period
                        ends; and
                            ``(ii) each succeeding fiscal year in which
                        the State does not demonstrate that such State
                        has implemented and maintained such policies
                        and practices.
                    ``(B) Reduction of applicable penalty.--The
                Secretary may reduce the amount of the reduction
                required under subparagraph (A) based on the degree of
                noncompliance of the State.
                    ``(C) State not responsible for individual
                violations.--Fraudulent activity by any individual in
                an attempt to circumvent the policies and practices
                required by section 408(a)(12) shall not trigger a
                State penalty under subparagraph (A).''.
    (c) Conforming Amendment.--Section 409(c)(4) of such Act (42 U.S.C.
609(c)(4)) is amended by striking ``or (13)'' and inserting ``(13), or
(16)''.

SEC. 6. TECHNICAL CORRECTIONS.

    (a) Section 404(d)(1)(A) of the Social Security Act (42 U.S.C.
604(d)(1)(A)) is amended by striking ``subtitle 1 of Title'' and
inserting ``Subtitle 1 of title''.
    (b) Sections 407(c)(2)(A)(i) and 409(a)(3)(C) of such Act (42
U.S.C. 607(c)(2)(A)(i) and 609(a)(3)(C)) are each amended by striking
``403(b)(6)'' and inserting ``403(b)(5)''.
    (c) Section 409(a)(2)(A) of such Act (42 U.S.C. 609(a)(2)(A)) is
amended by moving clauses (i) and (ii) 2 ems to the right.
    (d) Section 409(c)(2) of such Act (42 U.S.C. 609(c)(2)) is amended
by inserting a comma after ``appropriate''.
    (e) Section 411(a)(1)(A)(ii)(III) of such Act (42 U.S.C.
611(a)(1)(A)(ii)(III)) is amended by striking the last close
parenthesis.

            Passed the House of Representatives December 15, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output:
Welfare Integrity and Data Improvement Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to extend the TANF program through FY2012.

Directs the Secretary of HHS to designate standard data elements for any category of information required to be reported under TANF.

Requires states to maintain policies and practices necessary to prevent the use of state TANF assistance in any transaction in any: (1) liquor store; (2) casino, gambling casino, or gaming establishment; or (3) retail establishment which provides adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment.

Prescribes an administrative penalty for states which failure to enforce such requirement.