Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Forest Emergency Response
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) forest health and human safety in certain national
        forests have deteriorated dangerously due to pine beetle
        infestation, disease, storm damage, and drought; and
            (2) the resulting fire hazard in those national forests
        endangers adjacent communities, ranches, State parks, and
        several units of the National Park System and poses a
        significant threat to the economic stability of surrounding
        areas and the health, safety, and well-being of residents and
        visitors to those areas.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Designated national forest.--The term ``designated
        national forest'' means a national forest designated by the
        Secretary under section 4(b).
            (2) Emergency circumstances.--The term ``emergency
        circumstances'' has the meaning given the term in section
        1506.11 of title 40, Code of Federal Regulations (or a
        successor regulation).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.

SEC. 4. DECLARATION OF EMERGENCY AND SELECTION OF PILOT PROJECT
              NATIONAL FORESTS.

    (a) In General.--In recognition of deteriorating forest health
conditions, extreme fire hazard, and the significant number of dead and
dying trees in certain national forests due to pine beetle infestation,
drought, disease, or storm damage, and the resulting imminent risk of
devastating wildfire that poses a significant threat to the economic
stability of surrounding areas and the health, safety, and well-being
of residents, firefighters, and visitors to the areas, Congress
declares that the fire hazard and human endangerment in those national
forests designated by the Secretary under subsection (b) constitute
emergency circumstances.
    (b) Designations.--
            (1) In general.--Not later than 60 days after the date of
        enactment of this Act, the Secretary shall designate not less
        than 1 national forest in each applicable State that is
        experiencing conditions that constitute emergency circumstances
        due to pine beetle infestation, drought, disease, or storm
        damage and the resulting imminent risk of devastating wildfire
        that poses a significant threat to the economic stability of
        surrounding areas and the health, safety, and well-being of
        residents, firefighters, and visitors to the areas.
            (2) Limitation.--A designation under paragraph (1) shall be
        for a period not to exceed 10 years.

SEC. 5. APPLICATION OF EXPEDITED PROCEDURES AND ACTIVITIES OF THE
              HEALTHY FORESTS RESTORATION ACT OF 2003 TO DESIGNATED
              FOREST SERVICE PILOT PROJECTS.

    (a) Applicability.--Subject to subsections (b) through (e), title I
of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
(including the environmental analysis requirements of section 104 of
that Act (16 U.S.C. 6514), the special administrative review process
under section 105 of that Act (16 U.S.C. 6515), and the judicial review
process under section 106 of that Act (16 U.S.C. 6516)), shall apply to
all Forest Service projects and activities implementing the land and
resource management plan developed for the designated national forests
during the term of the emergency circumstance declared under section 4.
    (b) Application of Other Law.--Section 322 of Public Law 102-381
(16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to projects
conducted in accordance with this section.
    (c) Required Modifications.--In applying title I of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.) to Forest
Service projects and activities in designated national forests, the
Secretary shall make the following modifications:
            (1) The authority shall apply to the entire designated
        national forest, including land that is outside of a wildland-
        urban interface area or that does not satisfy any of the other
        eligibility criteria specified in section 102(a) of that Act
        (16 U.S.C. 6512(a)).
            (2) All projects and activities of the Forest Service,
        including necessary connected actions (as described in section
        1508.25(a)(1) of title 40, Code of Federal Regulations (or a
        successor regulation)), shall be considered to be authorized
        hazardous fuel reduction projects for purposes of applying the
        title.
            (3) In the case of a project intended to address the
        existence of an infestation of disease or insects, or the
        presence of such an infestation on immediately adjacent land,
        the Secretary may proceed with the project if there is any risk
        the infestation will spread, not just in the event of an
        imminent risk of the spread of the infestation.
            (4) Forest Service projects and activities in the
        designated national forest conducted under title I of that Act
        shall not be counted toward the limitation in section 102(c) of
        that Act (16 U.S.C. 6512(c)) on the total quantity of acreage
        that may be treated under that title.
    (d) Smaller Projects.--
            (1) In general.--Except as provided in paragraph (2), a
        project conducted in a designated national forest in accordance
        with this section that comprises less than 10,000 acres shall
        be considered an action categorically excluded from the
        requirements for an environmental assessment or an
        environmental impact statement under section 1508.4 of title
        40, Code of Federal Regulations (or a successor regulation).
            (2) Exclusion of certain areas.--Paragraph (1) does not
        apply to--
                    (A) a component of the National Wilderness
                Preservation System;
                    (B) any Federal land on which, by Act of Congress
                or Presidential proclamation, the removal of vegetation
                is restricted or prohibited;
                    (C) a congressionally designated wilderness study
                area; or
                    (D) an area in which activities under paragraph (1)
                would be inconsistent with the applicable land and
                resource management plan.
    (e) Prohibition on Restraining Orders, Preliminary Injunctions, and
Other Relief Pending Judicial Review.--
            (1) In general.--No restraining order, preliminary
        injunction, or injunction pending appeal shall be issued by any
        court of the United States with respect to any decision to
        engage in any remedial action or to prepare, advertise, offer,
        award, or operate a timber sale under this section in a
        designated national forest.
            (2) Applicability of other law.--Section 705 of title 5,
        United States Code, shall not apply to any challenge to a sale
        described in paragraph (1).

SEC. 6. GOOD NEIGHBOR AUTHORITY.

    (a) Definitions.--In this section:
            (1) Eligible state.--The term ``eligible State'' means a
        State that contains National Forest System land.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (3) State forester.--The term ``State forester'' means the
        head of a State agency with jurisdiction over State forestry
        programs in an eligible State.
    (b) Cooperative Agreements and Contracts.--
            (1) In general.--The Secretary may enter into a cooperative
        agreement or contract (including a sole source contract) with a
        State forester to authorize the State forester to provide the
        forest, rangeland, and watershed restoration and protection
        services described in paragraph (2) on National Forest System
        land in the eligible State.
            (2) Authorized services.--The forest, rangeland, and
        watershed restoration and protection services referred to in
        paragraph (1) include the conduct of--
                    (A) activities to treat insect infected trees;
                    (B) activities to reduce hazardous fuels; and
                    (C) any other activities to restore or improve
                forest, rangeland, and watershed health, including fish
                and wildlife habitat.
            (3) State as agent.--Except as provided in paragraph (6), a
        cooperative agreement or contract entered into under paragraph
        (1) may authorize the State forester to serve as the agent for
        the Secretary in providing the restoration and protection
        services authorized under that paragraph.
            (4) Subcontracts.--In accordance with applicable contract
        procedures for the eligible State, a State forester may enter
        into subcontracts to provide the restoration and protection
        services authorized under a cooperative agreement or contract
        entered into under paragraph (1).
            (5) Timber sales.--Subsections (d) and (g) of section 14 of
        the National Forest Management Act of 1976 (16 U.S.C. 472a)
        shall not apply to services performed under a cooperative
        agreement or contract entered into under paragraph (1).
            (6) Retention of nepa responsibilities.--Any decision
        required to be made under the National Environmental Policy Act
        of 1969 (42 U.S.C. 4321 et seq.) with respect to any
        restoration and protection services to be provided under this
        section by a State forester on National Forest System land
        shall not be delegated to a State forester or any other officer
        or employee of the eligible State.
            (7) Applicable law.--The restoration and protection
        services to be provided under this section shall be carried out
        on a project-to-project basis under existing authorities of the
        Forest Service.

Output:
National Forest Emergency Response Act - Declares that the fire hazard and human endangerment in national forests to be designated by the Secretary of Agriculture constitute emergency circumstances. Directs the Secretary to designate (for up to 10 years) at least one national forest in each state that is experiencing conditions that constitute emergency circumstances due to pine beetle infestation, drought, disease, or storm damage and the resulting imminent risk of devastating wildfire that poses significant threat to the economic stability of surrounding areas and the health, safety, and well-being of residents, firefighters, and visitors.

Makes provisions of the Healthy Forests Restoration Act regarding hazardous fuel reduction on federal land (including environmental analysis requirements, the special administrative review process, and the judicial review process) applicable to all Forest Service projects and activities implementing the land and resource management plan developed for the designated national forests during the term of the emergency circumstances, subject to specified modifications by the Secretary.

Requires a project conducted in a designated national forest under this Act that comprises less than 10,000 acres (with exceptions, including components of the National Wilderness Preservation System, any federal land on which the removal of vegetation is restricted or prohibited by Act of Congress or presidential proclamation, or a congressionally designated wilderness study area) to be considered an action categorically excluded from the requirements for an environmental assessment or an environmental impact statement.

Prohibits a U.S. court from issuing any restraining order, preliminary injunction, or injunction pending appeal regarding any decision to engage in remedial action or to prepare, advertise, offer, award, or operate a timber sale in a designated forest.

Authorizes the Secretary to enter into a cooperative agreement or contract with a state forester to provide forest, rangeland, and watershed restoration and protection services on national forest system land in that state.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Water Research and
Development Initiative Act of 2008''.

SEC. 2. NATIONAL WATER RESEARCH AND DEVELOPMENT INITIATIVE.

    (a) Initiative and Purpose.--The President shall implement a
National Water Research and Development Initiative (in this Act
referred to as the ``Initiative''). The purpose of the Initiative is to
improve the Federal Government's role in designing and implementing
Federal water research, development, demonstration, data collection and
dissemination, education, and technology transfer activities to address
changes in water use, supply, and demand in the United States,
including providing additional support to increase water supply through
greater efficiency and conservation.
    (b) Interagency Committee.--
            (1) In general.--Not later than 3 months after the date of
        enactment of this Act, the President shall establish, or
        designate, an interagency committee to implement the Initiative
        under subsection (a). The Office of Science and Technology
        Policy shall chair the interagency committee.
            (2) Composition.--The interagency committee shall include a
        representative from each agency that conducts research related
        to water or has authority over resources that affect water
        supply, as well as a representative from the Office of
        Management and Budget.
            (3) Functions of the interagency committee.--The
        interagency committee shall--
                    (A) develop a National Water Research and
                Assessment Plan (in this Act referred to as the
                ``plan'') in accordance with subsection (c);
                    (B) coordinate all Federal research, development,
                demonstration, data collection and dissemination,
                education, and technology transfer activities
                pertaining to water;
                    (C) ensure cooperation among Federal agencies with
                respect to water-related research, development, and
                technological innovation activities to avoid
                duplication of effort and to ensure optimal use of
                resources and expertise; and
                    (D) facilitate technology transfer, communication,
                and opportunities for information exchange with non-
                governmental organizations, State and local
                governments, industry, and other members of the
                stakeholder community through the office established in
                paragraph (4).
            (4) National water initiative coordination office.--
                    (A) In general.--Not later than 3 months after the
                date of enactment of this Act, the President shall
                establish a National Water Initiative Coordination
                Office (in this Act referred to as the ``Office''),
                with full-time staff, to--
                            (i) provide technical and administrative
                        support to the interagency committee;
                            (ii) serve as a point of contact on Federal
                        water activities for government agencies,
                        organizations, academia, industry, professional
                        societies, and others to exchange technical and
                        programmatic information; and
                            (iii) communicate with the public on the
                        findings and recommendations of the interagency
                        committee based on the activities conducted
                        pursuant to the Initiative.
                    (B) Funding.--The operation of the Office shall be
                supported by funds contributed from each agency
                represented on the interagency committee.
    (c) National Water Research and Assessment Plan.--
            (1) Plan development.--The plan required under subsection
        (b)(3)(A) shall establish the priorities for Federal water
        research, including federally funded research, and assessment
        for the 4-year period beginning in the year in which the plan
        is submitted to Congress. In the development of the plan, the
        Committee shall consider and utilize recommendations and
        information in reports that have addressed water research
        needs, including the 2007 report issued by the Subcommittee on
        Water Availability and Quality (SWAQ) of the National Science
        and Technology Council's Committee on Environment and Natural
        Resources and recommendations of the National Academy of
        Sciences.
            (2) Specific requirements.--The plan shall--
                    (A) identify each current program and activity of
                each Federal agency related to the Initiative;
                    (B) identify funding levels for the previous fiscal
                year for each program and, if applicable, each activity
                identified in subparagraph (A);
                    (C) set forth a strategy and a timeline to achieve
                the outcomes described in subsection (d) and shall
                describe--
                            (i) each activity required of each agency
                        responsible for contributing to each such
                        outcome;
                            (ii) the funding levels necessary to
                        achieve each such outcome; and
                            (iii) the distribution of funds between
                        each agency based on such agency's role in
                        carrying out such activity;
                    (D) be subject to a 90-day public comment period
                and shall address suggestions received and incorporate
                public input received, as appropriate; and
                    (E) be submitted to Congress not later than 1 year
                after the date of enactment of this Act.
    (d) Water Research Outcomes.--The plan shall outline and direct
agencies under the interagency committee to work to achieve the
following outcomes:
            (1) Implementation of a National Water Census, which shall
        include the collection of data on national water resources to
        create a comprehensive database that includes information about
        the quantity, availability, and quality of ground water and
        surface water resources.
            (2) Development of a new generation of water monitoring
        techniques.
            (3) Development of technologies for enhancing reliable
        water supply.
            (4) Development of innovative technologies and tools to
        enhance water-use efficiency and tools to encourage public
        acceptance of such technologies.
            (5) Development of tools and processes to facilitate
        resolution of conflicts over water resources.
            (6) Improvement of understanding of water-related ecosystem
        services and ecosystem needs for water.
            (7) Improvement of hydrologic prediction models and their
        applications.
            (8) Analyses of the energy required to provide reliable
        water supplies and the water required to provide reliable
        energy supplies throughout the United States.
    (e) Advisory Committee.--The President shall establish, or
designate, an advisory committee to advise the Interagency Committee
established under subsection (b).

SEC. 3. BUDGET COORDINATION.

    (a) In General.--The President shall provide guidance to each
Federal agency participating in the Initiative with respect to the
preparation of requests for appropriations for activities related to
the plan.
    (b) Consideration in the President's Budget.--The President shall
submit, at the time of the President's annual budget request to
Congress, a description of those items in each agency's budget which
are elements of the plan or help to achieve the outcomes of the plan.

SEC. 4. ANNUAL REPORT.

    Concurrent with the annual submission of the President's budget to
Congress, the President shall submit to Congress a report that
describes the activities and results of the Initiative during the
previous fiscal year and outlines the objectives for the next fiscal
year. The report shall include detailed information on all programs and
activities involved in the Initiative, including an analysis of
progress towards achieving the outcomes listed in section 2(d).

Output:
National Water Research and Development Initiative Act of 2008 - Directs the President to implement a National Water Research and Development Initiative to improve the federal government's role in designing and implementing federal water research, development, demonstration, data collection and dissemination, education, and technology transfer activities to address changes in U.S. water use, supply, and demand.

Directs the President to establish or designate an interagency committee to implement the Initiative, which shall: (1) develop a National Water Research and Assessment Plan; (2) coordinate all water-related federal research, development, demonstration, data collection and dissemination, education, and technology transfer activities; (3) ensure cooperation among federal agencies; and (4) facilitate technology transfer, communication, and opportunities for information exchange with various parties through a National Water Initiative Coordination Office (to be established by the President to provide technical and administrative support to the committee).

Requires the Plan to: (1) establish priorities for federal water research; (2) identify each current program and activity related to the Initiative; (3) identify funding levels; (4) set forth a strategy and timeline to achieve specified desired outcomes, including implementation of a National Water Census; (5) address suggestions and incorporate public input received; and (6) be submitted to Congress within one year of enactment.

Directs the President to: (1) provide guidance to each federal agency participating in the Initiative regarding the preparation of requests for appropriations for activities related to the Plan; and (2) submit, concurrent with the annual budget submission to Congress, a report that describes Initiative activities and results during the previous fiscal year and outlines objectives for the next fiscal year.


Input:
SECTION 1. FINDINGS.

    Congress makes the following findings:
            (1) The United States has run persistent trade deficits
        since 1978, and many of such trade deficits since 2000 have
        been especially large.
            (2) There appeared to be some improvements in the United
        States trade balance in 2009, but this was during a time of
        global economic crisis, and the reduction in the United States
        trade deficit appears to be attributable to a shrinking United
        States demand for imports rather than an increase in United
        States exports.
            (3) Many of the trade deficits are structural--that is,
        with the same countries, year after year. In 2009, the United
        States continued to have significant merchandise trade deficits
        with the People's Republic of China ($226.8 billion), the
        European Union ($60.5 billion), Japan ($44.7 billion), and
        Mexico ($47.5 billion), notwithstanding the overall decline in
        the United States trade deficit. In fact, in 2009, China
        accounted for 44 percent of the United States merchandise trade
        deficit.
            (4) While the United States has one of the most open
        borders and economies in the world, the United States faces
        significant tariff and non tariff trade barriers with its
        trading partners.
            (5) The causes and consequences of the United States trade
        deficit must be documented and recommendations must be
        developed to expeditiously address structural imbalances in the
        trade deficit.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known
as the Emergency Trade Deficit Commission (in this Act referred to as
the ``Commission'').
    (b) Membership of Commission.--
            (1) Composition.--The Commission shall be composed of 11
        members, of whom--
                    (A) three persons shall be appointed by the
                President, of whom one shall be appointed to represent
                labor interests, one shall be appointed to represent
                small businesses, and one shall be appointed to
                represent manufacturing interests;
                    (B) two persons shall be appointed by the President
                pro tempore of the Senate upon the recommendation of
                the Majority Leader of the Senate, after consultation
                with the Chairman of the Committee on Finance of the
                Senate;
                    (C) two persons shall be appointed by the President
                pro tempore of the Senate upon the recommendation of
                the Minority Leader of the Senate, after consultation
                with the ranking minority member of the Committee on
                Finance of the Senate;
                    (D) two persons shall be appointed by the Speaker
                of the House of Representatives, after consultation
                with the Chairman of the Committee on Ways and Means of
                the House of Representatives; and
                    (E) two persons shall be appointed by the Minority
                Leader of the House of Representatives, after
                consultation with the ranking minority member of the
                Committee on Ways and Means of the House of
                Representatives.
            (2) Qualifications of members.--
                    (A) Presidential appointments.--Of the persons
                appointed under paragraph (1)(A), not more than one may
                be an officer, employee, or paid consultant of the
                executive branch.
                    (B) Other appointments.--Persons appointed under
                subparagraph (B), (C), (D), or (E) of paragraph (1)
                shall be persons who--
                            (i) have expertise in economics,
                        international trade, manufacturing, labor,
                        environment, or business, or have other
                        pertinent qualifications or experience; and
                            (ii) are not officers or employees of the
                        United States.
                    (C) Other considerations.--In appointing members of
                the Commission, every effort shall be made to ensure
                that the members--
                            (i) are representative of a broad cross-
                        section of economic and trade perspectives
                        within the United States; and
                            (ii) provide fresh insights to in
                        identifying the causes and consequences of the
                        United States trade deficit and developing
                        recommendations to address structural trade
                        imbalances.
    (c) Period of Appointment; Vacancies.--
            (1) In general.--Members shall be appointed not later than
        60 days after the date of the enactment of this Act and the
        appointment shall be for the life of the Commission.
            (2) Vacancies.--Any vacancy in the Commission shall not
        affect its powers, but shall be filled in the same manner as
        the original appointment was made.
    (d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
    (e) Meetings.--The Commission shall meet at the call of the
Chairperson.
    (f) Chairperson and Vice Chairperson.--The members of the
Commission shall elect a chairperson and vice chairperson from among
the members of the Commission.
    (g) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
    (h) Voting.--Each member of the Commission shall be entitled to one
vote, which shall be equal to the vote of every other member of the
Commission.

SEC. 3. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall be responsible for examining
the nature, causes, and consequences of the United States trade deficit
and providing recommendations on how to address and reduce structural
trade imbalances, including with respect to the United States
merchandise trade deficit, in order to promote sustainable economic
growth that provides broad-based income and employment gains.
    (b) Causes of U.S. Trade Deficit.--In examining the causes of the
United States trade deficit, the Commission shall, among other things--
            (1) identify and assess the impact of macroeconomic
        factors, including currency practices, foreign government
        purchases of United States assets, and savings and investment
        rates, including savings rates of foreign state-owned
        enterprises, on United States bilateral trade imbalances and
        global trade imbalances;
            (2) with respect to countries with which the United States
        has significant, persistent sectoral or bilateral trade
        deficits, assess with respect to the magnitude and composition
        of such trade deficits--
                    (A) the impact of tariff and non tariff barriers
                maintained by such countries and the lack of reciprocal
                market access as a result of such barriers;
                    (B) the impact of investment, offset, and
                technology transfer requirements by such countries;
                    (C) any impact due to the failure of such countries
                to adhere to internationally-recognized labor
                standards, including the extent to which such failure
                affects conditions of competition with the United
                States or the ability of consumers in such countries to
                buy United States goods and services;
                    (D) any impact due to differences in levels of
                environmental protection and enforcement of
                environmental laws between such countries and the
                United States, including the extent to which such
                differences affect conditions of competition with the
                United States;
                    (E) policies maintained by such countries that
                assist manufacturers in such countries, including the
                impact of such policies on manufacturers in the United
                States; and
                    (F) the impact of border tax adjustments by such
                countries;
            (3) examine the impact of free trade agreements on the
        United States trade deficit;
            (4) examine the impact of investment flows both into and
        out of the United States on the trade deficit, including--
                    (A) the impact of United States outbound investment
                on the United States trade deficit and on standards of
                living and production in the United States;
                    (B) the impact that the relocation of production
                facilities overseas has on the United States trade
                deficit, including by reviewing major domestic plant
                closures over an appropriate representative period to
                determine how much production terminated from such
                closures was relocated offshore;
                    (C) the impact of foreign direct investment in the
                United States on the United States trade deficit and on
                standards of living and production in the United
                States; and
                    (D) the impact of United States bilateral
                investment treaties, including bilateral investment
                treaties under negotiation, on the United States trade
                deficit;
            (5) examine the role and impact of imports of oil and other
        energy products on the United States trade deficit; and
            (6) assess the extent to which United States foreign policy
        interests influence United States economic and trade policies.
    (c) Consequences of U.S. Trade Deficit.--In examining the
consequences of the United States trade deficit, the Commission shall,
among other things--
            (1) identify and, to the extent practicable, quantify the
        impact of the trade deficit on the overall domestic economy,
        and, with respect to different sectors of the economy, on
        manufacturing capacity, on the number and quality of jobs, on
        wages, and on health, safety, and environmental standards;
            (2) assess the effects the trade deficits in the areas of
        manufacturing and technology have on defense production and
        innovation capabilities of the United States; and
            (3) assess the impact of significant, persistent trade
        deficits, including sectoral and bilateral trade deficits, on
        United States economic growth.
    (d) Recommendations.--In making recommendations, the Commission
shall, among other things--
            (1) identify specific strategies for achieving improved
        trade balances with those countries with which the United
        States has significant, persistent sectoral or bilateral trade
        deficits;
            (2) identify United States trade policy tools including
        enforcement mechanisms that can be more effectively used to
        address the underlying causes of structural trade deficits;
            (3) identify domestic and trade policies that can enhance
        the competitiveness of United States manufacturers domestically
        and globally, including those policies of the United States and
        other countries that have been successful in promoting
        competitiveness;
            (4) address ways to improve the coordination and
        accountability of Federal departments and agencies relating to
        trade; and
            (5) examine ways to improve the adequacy of the collection
        and reporting of trade data, including identifying and
        developing additional databases and economic measurements that
        may be needed to properly assess the causes and consequences of
        the United States trade deficit.

SEC. 4. REPORT.

    (a) Report.--Not later than 16 months after the date of the
enactment of this Act, the Commission shall submit to the President and
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report that contains--
            (1) the findings and conclusions of the Commission
        described in section 3; and
            (2) any recommendations for administrative and legislative
        actions as the Commission considers necessary.
    (b) Separate Views.--Any member of the Commission may submit
additional findings and recommendations as part of the report.

SEC. 5. POWERS OF COMMISSION.

    (a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this Act.
The Commission shall hold at least seven public hearings, one or more
in Washington, D.C., and four in different regions of the United
States.
    (b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Chairperson of the Commission, the head of such department or
agency shall furnish such information to the Commission.
    (c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other Federal
departments and agencies.

SEC. 6. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of duties of the
Commission.
    (c) Staff.--
            (1) In general.--The Chairperson of the Commission may,
        without regard to the civil service laws and regulations,
        appoint and terminate an executive director and such other
        additional personnel as may be necessary to enable the
        Commission to perform its duties. The employment of an
        executive director shall be subject to confirmation by the
        Commission.
            (2) Compensation.--The Chairperson of the Commission may
        fix the compensation of the executive director and other
        personnel without regard to the provisions of chapter 51 and
        subchapter III of chapter 53 of title 5, United States Code,
        relating to classification of positions and General Schedule
        pay rates, except that the rate of pay for the executive
        director and other personnel may not exceed the rate payable
        for level V of the Executive Schedule under section 5316 of
        such title.
    (d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT.

    (a) In General.--There are authorized to be appropriated $2,000,000
to the Commission to carry out this Act.
    (b) GAO Audit.--Not later than 6 months after the date on which the
Commission terminates, the Comptroller General of the United States
shall complete an audit of the financial books and records of the
Commission and shall submit a report on the audit to the President and
the Congress.

SEC. 8. TERMINATION OF COMMISSION.

    The Commission shall terminate 30 days after the date on which the
Commission submits its report under section 4(a).

            Passed the House of Representatives July 28, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Output:
Establishes the Emergency Trade Deficit Commission to examine, and report to the President and Congress on, the causes of the U.S. trade deficit, together with recommendations on how to address and reduce trade imbalances, such as the U.S. merchandise trade deficit, in order to promote sustainable economic growth that provides broad-based income and employment gains.

Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surface Transportation Board Reform
Act of 2003''.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
                     TITLE I--RAILROAD COMPETITION

Sec. 101. Clarification of rail transportation policy.
Sec. 102. Fostering rail to rail competition.
Sec. 103. Simplified relief process for small captive grain shippers.
Sec. 104. Competitive rail service in terminal areas.
Sec. 105. Simplified standards for market dominance.
Sec. 106. Revenue adequacy determinations.
Sec. 107. Rail carrier service quality performance reports.
                        TITLE II--MISCELLANEOUS

Sec. 201. Effect of mergers on local communities and rail passenger
                            transportation.
Sec. 202. Use of facilities by commuter authorities.
Sec. 203. Side tracks.
Sec. 204. Public availability of water carrier tariffs.
               TITLE III--AUTHORIZATION OF APPROPRIATIONS

Sec. 301. Authorization of appropriations.

                     TITLE I--RAILROAD COMPETITION

SEC. 101. CLARIFICATION OF RAIL TRANSPORTATION POLICY.

    Section 10101 of title 49, United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``In
        regulating''; and
            (2) by adding at the end the following:
    ``(b) Primary Objectives.--The primary objectives of the rail
transportation policy of the United States shall be--
            ``(1) to ensure effective competition among rail carriers
        at origin and destination;
            ``(2) to maintain reasonable rates in the absence of
        effective competition;
            ``(3) to maintain consistent and efficient rail
        transportation service to shippers, including the timely
        provision of railcars requested by shippers; and
            ``(4) to ensure that smaller carload and intermodal
        shippers are not precluded from accessing rail systems due to
        volume requirements.''.

SEC. 102. FOSTERING RAIL TO RAIL COMPETITION.

    (a) Establishment of Rate.--Section 11101(a) of title 49, United
States Code, is amended by inserting after the first sentence the
following: ``Upon the request of a shipper, a rail carrier shall
establish a rate for transportation and provide service requested by
the shipper between any two points on the system of that carrier where
traffic originates, terminates, or may reasonably be interchanged. A
carrier shall establish a rate and provide service upon such request
without regard to--
            ``(1) whether the rate established is for only part of a
        movement between an origin and a destination;
            ``(2) whether the shipper has made arrangements for
        transportation for any other part of that movement; or
            ``(3) whether the shipper currently has a contract with any
        rail carrier for part or all of its transportation needs over
        the route of movement.
If such a contract exists, the rate established by the carrier shall
not apply to transportation covered by the contract.''.
    (b) Review of Reasonableness of Rates.--Section 10701(d) of title
49, United States Code, is amended--
            (1) by redesignating paragraph (3) as paragraph (4); and
            (2) by inserting after paragraph (2) the following:
    ``(3) A shipper may challenge the reasonableness of any rate
established by a rail carrier in accordance with section 11101(a) or
with subsection (c) of this section. The Board shall determine the
reasonableness of the rate so challenged without regard to--
            ``(A) whether the rate established is for only part of a
        movement between an origin and a destination;
            ``(B) whether the shipper has made arrangements for
        transportation for any other part of that movement; or
            ``(C) whether the shipper currently has a contract with a
        rail carrier for any part of the rail traffic at issue,
        provided that the rate prescribed by the Board shall not apply
        to transportation covered by such a contract.''.

SEC. 103. SIMPLIFIED RELIEF PROCESS FOR SMALL CAPTIVE GRAIN SHIPPERS.

    (a) Limitation on Fees.--Notwithstanding any other provision of
law, the Surface Transportation Board shall not impose fees in excess
of $1,000 for services collected from an eligible facility in
connection with rail maximum rate complaints under part 1002 of title
49, Code of Federal Regulations.
    (b) Simplified Rate and Service Relief.--Section 10701 of title 49,
United States Code, is amended by adding at the end thereof the
following:
    ``(e) Simplified Rates and Services.--
            ``(1) In general.--Notwithstanding any other provision of
        law, a rail carrier may not charge a rate for shipments from or
        to an eligible facility which results in a revenue-to-variable
        cost percentage, using system average costs, for the
        transportation service to which the rate applies that is
        greater than 180 percent.
            ``(2) Acceptance of requests.--Notwithstanding any other
        provision of law, a rail carrier shall accept all requests for
        grain service from an eligible facility up to a maximum of 110
        percent of the grain carloads shipped from or to the facility
        in the immediately preceding calendar year. If, in a majority
        of instances, a rail carrier does not in any 45-day period,
        supply the number of grain cars so ordered by an eligible
        facility or does not initiate service within 30 days of the
        reasonably specified loading date, the eligible facility may
        request that an alternative rail carrier provide the service
        using the tracks of the original carrier. If the alternative
        rail carrier agrees to provide such service, and such service
        can be provided without substantially impairing the ability of
        the carrier whose tracks reach the facility to use such tracks
        to handle its own business, the Board shall order the
        alternative carrier to commence service and to compensate the
        other carrier for the use of its tracks. The alternative
        carrier shall provide reasonable compensation to the original
        carrier for the use of the original carrier's tracks.
            ``(3) Cancellation penalties.--A carrier may accept car
        orders under paragraph (2) subject to reasonable penalties for
        service requests that are canceled by the requester. If the
        carrier fills such orders more than 15 days after the
        reasonably specified loading date, the carrier may not assess a
        penalty for canceled car orders.
            ``(4) Damages.--A rail carrier that fails to provide
        service under the requirements of paragraph (2) is liable for
        damages to an eligible facility that does not have access to an
        alternative carrier, including lost profits, attorney's fees,
        and any other consequences attributable to the carrier's
        failure to provide the ordered service. A claim for such damage
        may be brought in an appropriate United States District Court
        or before the Board.
            ``(5) Timetable for board proceeding.--The Board shall
        conclude any proceeding brought under this subsection no later
        than 180 days from the date a complaint is filed.
            ``(6) Definitions.--In this subsection:
                    ``(A) Eligible facility.--The term `eligible
                facility' means a shipper facility that--
                            ``(i) is the origin or destination for not
                        more than 4,000 carloads annually of grain as
                        defined in section 3(g) of the United States
                        Grain Standards Act (7 U.S.C. 75(g));
                            ``(ii) is served by a single rail carrier
                        at its origin;
                            ``(iii) has more than 60 percent of the
                        facility's inbound or outbound grain and grain
                        product shipments (excluding the delivery of
                        grain to the facility by producers), measured
                        by weight or bushels moved via a rail carrier
                        in the immediately preceding calendar year; and
                            ``(iv) the rate charged by the rail carrier
                        for the majority of shipments of grain and
                        grain products from or to the facility,
                        excluding premium for special service programs,
                        results in a revenue-to-variable cost
                        percentage, using system average costs, for the
                        transportation to which the rate applies that
                        is equal to or greater than 180 percent.
                    ``(B) Reasonable compensation.--The term
                `reasonable compensation' shall mean an amount no
                greater than the total shared costs of the original
                carrier and the alternative carrier incurred, on a
                usage basis, for the provision of service to an
                eligible facility. If the carriers are unable to agree
                on compensation terms within 15 days after the facility
requests service from the alternative carrier, the alternative carrier
or the eligible facility may request the Board to establish the
compensation and the Board shall establish the compensation within 45
days after such request is made.
                    ``(C) Original carrier.--The term `original
                carrier' means a rail carrier which provides the only
                rail service to an eligible facility using its own
                tracks or provides such service over an exclusive lease
                of the tracks serving the eligible facility.
                    ``(D) Alternative carrier.--The term `alternative
                carrier' means a rail carrier that is not an original
                carrier to an eligible facility.''.

SEC. 104. COMPETITIVE RAIL SERVICE IN TERMINAL AREAS.

    (a) Trackage Rights.--Section 11102(a) of title 49, United States
Code, is amended--
            (1) by striking ``may'' in the first sentence and inserting
        ``shall'';
            (2) by inserting after ``business.'' the following: ``In
        making this determination, the Board shall not require evidence
        of anticompetitive conduct by the rail carrier from which
        access is sought.''; and
            (3) by striking ``may'' in the next-to-last sentence and
        inserting ``shall''.
    (b) Reciprocal Switching.--Section 11102(c)(1) of title 49, United
States Code, is amended--
            (1) by striking ``may'' in the first sentence and inserting
        ``shall'';
            (2) by inserting after ``service.'' the following: ``In
        making this determination, the Board shall not require evidence
        of anticompetitive conduct by the rail carrier from which
        access is sought.''; and
            (3) by striking ``may'' in the last sentence and inserting
        ``shall''.

SEC. 105. SIMPLIFIED STANDARDS FOR MARKET DOMINANCE.

    Section 10707(d)(1)(A) of title 49, United States Code, is amended
by adding at the end thereof the following: ``The Board shall not
consider evidence of product or geographic competition in making a
market dominance determination under this section.''.

SEC. 106. REVENUE ADEQUACY DETERMINATIONS.

    (a) Rail Transportation Policy.--Section 10101(a)(3) of title 49,
United States Code (as so redesignated by section 101 of this Act), is
amended by striking ``revenues, as determined by the Board;'' and
inserting ``revenues;''.
    (b) Standards for Rates.--Section 10701(d)(2) of title 49, United
States Code, is amended by striking ``revenues, as established by the
Board under section 10704(a)(2) of this title'' and inserting
``revenues''.
    (c) Revenue Adequacy Determinations.--Section 10704(a) of title 49,
United States Code, is amended--
            (1) by striking ``(a)(1)'' and inserting ``(a)''; and
            (2) by striking paragraphs (2) and (3).

SEC. 107. RAIL CARRIER SERVICE QUALITY PERFORMANCE REPORTS.

    (a) In General.--Chapter 5 of subtitle I of title 49, United States
Code, is amended by adding at the end thereof the following:

                 ``SUBCHAPTER III--PERFORMANCE REPORTS

``Sec. 541. Rail carrier service quality performance reports
    ``(a) In General.--The Secretary of Transportation shall require,
by regulation, each rail carrier to submit a monthly report to the
Secretary, in such uniform format as the Secretary may by regulation
prescribe, containing information about--
            ``(1) its on-time performance;
            ``(2) its car availability deadline performance;
            ``(3) its average train speed;
            ``(4) its average terminal dwell time;
            ``(5) the number of its cars loaded (by major commodity
        group); and
            ``(6) such other aspects of its performance as a rail
        carrier as the Secretary may require.
    ``(b) Information Furnished to STB; the Public.--The Secretary
shall furnish a copy of each report required under subsection (a) to
the Surface Transportation Board no later than the next business day
following its receipt by the Secretary, and shall make each such report
available to the public.
    ``(c) Annual Report to the Congress.--The Secretary shall transmit
to the Congress an annual report based upon information received by the
Secretary under this section.
    ``(d) Definitions.--In this section, the definitions in section
10102 apply.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 5 of
subtitle I of title 49, United States Code, is amended by adding at the
end thereof the following:

                 ``SUBCHAPTER III--PERFORMANCE REPORTS

``541. Rail carrier service quality performance reports.''.

                        TITLE II--MISCELLANEOUS

SEC. 201. EFFECT OF MERGERS ON LOCAL COMMUNITIES AND RAIL PASSENGER
              TRANSPORTATION.

    Section 11324 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph
                (4);
                    (B) by striking the period at the end of paragraph
                (5) and inserting a semicolon; and
                    (C) by adding at the end the following new
                paragraphs:
            ``(6) the safety and environmental effects of the proposed
        transaction, including the effect on local communities, and the
        public interest in enforcing Federal, State, and local safety
        and environmental laws; and
            ``(7) the effect of the proposed transaction on rail
        passenger transportation.''; and
            (2) in subsection (c), by inserting ``The Board shall
        impose conditions under this subsection to mitigate the effects
        of the transaction on local communities when such conditions
        are in the public interest. In imposing such conditions, the
        Board shall consider the effect of those conditions on local
        communities, and shall consider the public interest in the
        enforcement of Federal, State, and local safety and
        environmental laws.'' after ``effects are alleviated.''.

SEC. 202. USE OF FACILITIES BY COMMUTER AUTHORITIES.

    (a) Amendment.--Chapter 241 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 24105. Use of facilities by commuter authorities
    ``A commuter authority may make an agreement with a rail carrier or
regional transportation authority to use facilities of, and have
services provided by, the carrier or authority in the same manner and
under the same conditions as may Amtrak under section 24308. In
carrying out this section, the Board shall ensure that commuter
authorities are able to provide commuter rail passenger transportation
that develops the potential of modern rail transportation to meet the
commuter rail passenger transportation needs of the United States.''.
    (b) Table of Sections.--The table of sections for such chapter 241
is amended by adding at the end the following new item:

``24105. Use of facilities by commuter authorities.''.

SEC. 203. SIDE TRACKS.

    Section 10906 of title 49, United States Code, and the item
relating thereto in the table of sections of chapter 109 of that title,
are repealed.

SEC. 204. PUBLIC AVAILABILITY OF WATER CARRIER TARIFFS.

    Section 13702(b) of title 49, United States Code, is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Tariff availability.--A carrier providing
        transportation or service described in subsection (a)(1) shall
        make its tariffs available electronically to any person,
        without time, quantity, or other limitation, through
        appropriate access from remote locations, and a reasonable
        charge may be assessed for such access. No charge may be
        assessed a Federal agency for such access.'';
            (2) in paragraph (3), by striking ``tariff filings'' and
        inserting ``tariffs'';
            (3) in paragraph (4), by striking ``filed under this
        subsection''; and
            (4) in paragraph (5), by striking ``filing complete tariffs
        under this subsection'' and inserting ``changing their complete
        electronic tariffs''.

               TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    Section 705 of title 49, United States Code, is amended by striking
paragraphs (1) through (3) and inserting the following:
            ``(1) $20,000,000 for fiscal year 2004;
            ``(2) $25,000,000 for fiscal year 2005; and
            ``(3) $27,000,000 for fiscal year 2006.''.

Output: Surface Transportation Board Reform Act of 2003 - Declares as primary objectives for U.S. rail transportation policy: (1) ensuring effective competition among rail carriers at origin and destination; (2) maintaining reasonable rates in the absence of such competition; (3) maintaining consistent and efficient rail transportation service to shippers, including the timely provision of railcars requested by them; and (4) ensuring that smaller carload and intermodal shippers are not precluded from assessing rail systems due to volume requirements. Requires a rail carrier, upon a shipper's request, to establish a rail transportation rate. Requires the Surface Transportation Board, if a shipper challenges the reasonableness of such a rate, to then determine its reasonableness without regard to specified factors.Sets forth certain requirements with respect to: (1) acceptance of requests for grain service by rail carriers; and (2) the Board's mandate to require terminal facilities owned by a rail carrier providing rail transportation to be used by another rail carrier. Requires the Board in a proceeding involving the approval of the merger or control of at least two Class I railroads to consider, among other things, at least the: (1) safety and environmental effects of the proposed transaction; and (2) the effect of such transaction on rail passenger transportation.Sets forth certain requirements with respect to: (1) the Board ensuring that commuter authorities are able to provide commuter rail passenger transportation that meets the commuter rail passenger transportation needs of the United States; and (2) water carriers making their tariffs containing the rates established for their transportation or service available electronically to any person.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Independent Office of Advocacy and
Small Business Regulatory Reform Act of 2008''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to ensure that the Office of Advocacy of the Small
        Business Administration (referred to in this section as the
        ``Office'') has adequate financial resources to advocate for
        and on behalf of small business concerns;
            (2) to provide a separate authorization of appropriations
        for the Office; and
            (3) to enhance the role of the Office pursuant to chapter 6
        of title 5, United States Code.

SEC. 3. OFFICE OF ADVOCACY.

    (a) In General.--Section 203 of Public Law 94-305 (15 U.S.C. 634c)
is amended--
            (1) in paragraph (4), by striking ``and'' at the end;
            (2) in paragraph (5), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(6) carry out the responsibilities of the Office of
        Advocacy under chapter 6 of title 5, United States Code.''.
    (b) Budgetary Line Item and Authorization of Appropriations.--Title
II of Public Law 94-305 (15 U.S.C. 634a et seq.) is amended by striking
section 207 and inserting the following:

``SEC. 207. BUDGETARY LINE ITEM AND AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Appropriation Requests.--Each budget of the United States
Government submitted by the President under section 1105 of title 31,
United States Code, shall include a separate statement of the amount of
appropriations requested for the Office of Advocacy of the Small
Business Administration, which shall be designated in a separate
account in the General Fund of the Treasury.
    ``(b) Administrative Operations.--The Administrator of the Small
Business Administration shall provide the Office of Advocacy with
appropriate and adequate office space at central and field office
locations, together with such equipment, operating budget, and
communications facilities and services as may be necessary, and shall
provide necessary maintenance services for such offices and the
equipment and facilities located in such offices.
    ``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this title. Any
amount appropriated under this subsection shall remain available,
without fiscal year limitation, until expended.''.

SEC. 4. REGULATORY FLEXIBILITY REFORM FOR SMALL BUSINESSES.

    (a) Requirements Providing for More Detailed Analyses.--
            (1) Initial regulatory flexibility analysis.--Section 603
        of title 5, United States Code, is amended by adding at the end
        the following:
    ``(d) An agency shall notify the Chief Counsel for Advocacy of the
Small Business Administration of any draft rules that may have a
significant economic impact on a substantial number of small entities
either--
            ``(1) when the agency submits a draft rule to the Office of
        Information and Regulatory Affairs at the Office of Management
        and Budget under Executive Order 12866, if that order requires
        such submission; or
            ``(2) if no submission to the Office of Information and
        Regulatory Affairs is so required, at a reasonable time prior
        to publication of the rule by the agency.''.
            (2) Final regulatory flexibility analysis.--
                    (A) Inclusion of response to comments on
                certification of proposed rule.--Section 604(a)(2) of
                title 5, United States Code, is amended by inserting
                ``(or certification of the proposed rule under section
                605(b))'' after ``initial regulatory flexibility
                analysis''.
                    (B) Inclusion of response to comments filed by
                chief counsel for advocacy.--Section 604(a) of title 5,
                United States Code, is amended--
                            (i) by redesignating paragraphs (3), (4),
                        and (5) as paragraphs (4), (5), and (6),
                        respectively; and
                            (ii) by inserting after paragraph (2) the
                        following:
            ``(3) the response of the agency to any comments filed by
        the Chief Counsel for Advocacy of the Small Business
        Administration in response to the proposed rule, and a detailed
        statement of any changes made to the proposed rule in the final
        rule as a result of such comments;''.
                    (C) Publication of analyses on website.--
                            (i) Initial regulatory flexibility
                        analysis.--Section 603 of title 5, United
                        States Code, as amended by this Act, is amended
                        by adding at the end the following:
    ``(e) An agency shall publish any initial regulatory flexibility
analysis required under this section on the website of the agency.''.
                            (ii) Final regulatory flexibility
                        analysis.--Section 604(b) of title 5, United
                        States Code, is amended to read as follows:
    ``(b) The agency shall make copies of the final regulatory
flexibility analysis available to the public, including placement of
the entire analysis on the website, and shall publish in the Federal
Register the final regulatory flexibility analysis, or a summary
thereof that includes the telephone number, mailing address, and link
to the website where the complete analysis may be obtained.''.
            (3) Cross-references to other analyses.--Section 605(a) of
        title 5, United States Code, is amended to read as follows:
    ``(a) A Federal agency shall be treated as satisfying any
requirement regarding the content of an agenda or regulatory
flexibility analysis under section 602, 603, or 604, if such agency
provides in such agenda or analysis a cross-reference to the specific
portion of another agenda or analysis that is required by any other law
and which satisfies such requirement.''.
            (4) Certifications.--The second sentence of section 605(b)
        of title 5, United States Code, is amended by inserting
        ``detailed'' before ``statement''.
            (5) Quantification requirements.--Section 607 of title 5,
        United States Code, is amended to read as follows:
``Sec. 607. Quantification requirements
    ``In complying with sections 603 and 604, an agency shall provide--
            ``(1) a quantifiable or numerical description of the
        effects of the proposed or final rule and alternatives to the
        proposed or final rule; or
            ``(2) a more general descriptive statement and a detailed
        statement explaining why quantification is not practicable or
        reliable.''.
    (b) Technical and Conforming Amendments.--
            (1) Heading.--The heading of section 605 of title 5, United
        States Code, is amended to read as follows:
``Sec. 605. Incorporations by reference and certifications''.
            (2) Table of sections.--The table of sections for chapter 6
        of title 5, United States Code, is amended--
                    (A) by striking the item relating to section 605
                and inserting the following:

``605. Incorporations by reference and certifications.'';
                and
                    (B) by striking the item relating to section 607
                and inserting the following:

``607. Quantification requirements.''.

SEC. 5. OVERSIGHT OF REGULATORY ENFORCEMENT.

    Section 30 of the Small Business Act (15 U.S.C. 657) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by inserting ``(A)'' before ``Not later
                        than'';
                            (ii) by striking ``Nothing in this section
                        is intended to replace'' and inserting the
                        following:
            ``(B) Nothing in this section--
                    ``(i) is intended to replace'';
                            (iii) by striking the period at the end and
                        inserting ``; or''; and
                            (iv) by adding at the end the following:
                    ``(ii) may be construed to exempt an agency from
                providing relevant information to the Ombudsman upon
                request.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by inserting ``(i)'' before
                                ``work with each agency'';
                                    (II) by inserting ``fine,
                                forfeiture,'' before ``or other
                                enforcement related''; and
                                    (III) by adding at the end the
                                following: ``or
                    ``(ii) refer any substantiated comment to the
                affected agency for response to the Ombudsman;''; and
                            (ii) by amending subparagraph (C) to read
                        as follows:
                    ``(C) based on cases that are substantiated by the
                Ombudsman, annually submit to Congress and affected
                agencies a report evaluating the enforcement activities
                of agency personnel, including--
                            ``(i) ratings of the responsiveness to
                        small business concerns; and
                            ``(ii) a description of the policies,
                        actions, and activities impacting small
                        business concerns described in subparagraph
                        (A), for each Federal agency and regional or
                        program office of each Federal agency, as
                        determined appropriate by the Ombudsman.'';
            (2) in subsection (d)(1), by inserting ``, in coordination
        with the Ombudsman,'' after ``hold such hearings''; and
            (3) by adding at the end the following:
    ``(e) The Board shall coordinate with the Ombudsman regarding any
official correspondence to be sent by the Board.''.

Output:
Independent Office of Advocacy and Small Business Regulatory Reform Act of 2008 - Requires the Office of Advocacy (Office) of the Small Business Administration (SBA) to carry out responsibilities concerning the analysis of regulatory functions, including regulatory flexibility analyses.

Requires: (1) each federal budget to include a separate statement of the amount requested for the Office, designated in a separate account in the General Fund of the Treasury; and (2) the SBA Administrator to provide the Office with appropriate and adequate office space, together with necessary equipment, operating budget, and communications facilities and services, and to provide necessary maintenance services for such offices and equipment.

Requires: (1) each federal agency to notify the SBA's Chief Counsel for Advocacy of any agency draft rules that may have a significant impact on a substantial number of small businesses; (2) each agency's final regulatory analysis of a final rule to include the agency's response to any comments of the Chief Counsel for Advocacy with respect to that rule, as well as changes made as a result of such comments; and (3) agencies to make final regulatory flexibility analyses available to the public, including on a website.


Input:
SECTION 1. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF
              COMMERCIAL RADIO BROADCASTING STATIONS TO NONPROFIT
              CORPORATIONS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to general business
credits) is amended by adding at the end the following new section:

``SEC. 45E. CREDIT FOR DONATION OF LICENSE AND OTHER ASSETS OF
              COMMERCIAL RADIO BROADCASTING STATION TO CERTAIN
              NONPROFIT CORPORATIONS.

    ``(a) Radio Broadcasting Station Donation Credit.--For purposes of
section 38, the radio broadcasting station donation credit is an amount
equal to the sum of--
            ``(1) 125 percent of the fair market value of a radio
        broadcasting commercial license which is donated to a qualified
        recipient,
            ``(2) 100 percent of the fair market value of any radio
        broadcasting station assets, including equipment and other real
        property owned by the station, which are donated to the same
        qualified recipient, and
            ``(3) the total amount deposited into an operations escrow
        fund established by the donor of the license and assets during
        the taxable year.
    ``(b) Qualified Recipient.--For purposes of this section, a
qualified recipient is an entity which--
            ``(1) is a corporation described in section 501(c)(3) which
        is exempt from taxation under section 501(a),
            ``(2) agrees to operate the radio broadcasting station
        being donated to it as a for-profit venture, with profits
        dedicated to the support of non-profit fine arts and performing
        arts organizations in its service area,
            ``(3) has at least 3 arts organizations from its service
        area on its board of trustees, or on a board of trustees of a
        subsidiary established to oversee operation of the radio
        broadcasting station,
            ``(4) agrees that, in the event that it ceases operation of
        the radio broadcasting station--
                    ``(A) it will not sell the station to a for-profit
                broadcaster under any circumstances, and
                    ``(B) it will either--
                            ``(i) transfer the license to another
                        corporation described in section 501(c)(3)
                        which is exempt from taxation under section
                        501(a) and which agrees to continue operation
                        of the station for the support of nonprofit
                        fine arts and performing arts organizations in
                        its service area, or
                            ``(ii) surrender the license to the Federal
                        Communications Commission.
    ``(c) Operations Escrow Fund.--
            ``(1) In general.--For purposes of this section, an
        operations escrow fund is a fund established by a taxpayer who
        has donated a radio broadcasting commercial license or radio
        broadcasting station assets to a qualified recipient for the
        purpose of covering operating expenses during the recipient's
        first year of operation of the radio broadcasting station if
        the station's revenues are not adequate to cover such expenses.
        An operations escrow fund may be established only if the
        qualified recipient is not able to meet the financial
        responsibility requirement of the Federal Communications
        Commission.
            ``(2) Recapture of credit for amounts remaining in escrow
        fund.--In any case in which there is an amount remaining in an
        operations escrow fund after the first year of operation of the
        radio broadcasting station for which the fund was  established,
such amount (not including any interest that accrued on the amount in
the fund) shall be added to the tax imposed by this chapter on the
taxpayer for the taxpayer's taxable year which includes the end of such
first year of operation.
    ``(d) Special Rules in Case of Surrender of License to FCC.--If a
qualified recipient surrenders its donated radio broadcasting license
to the Federal Communications Commission, the Commission shall notify
the donor of the license that the donor may, within 6 months after such
notification, post a bond equal to the amount of the tax credit under
subsection (a) that it received for donating the station, plus
interest. After such a bond is posted, the donor may apply for the
license. If the Commission approves the donor's application for the
license, the bond shall be used in lieu of an auction fee. If the donor
does not exercise its option within such six months, or waives its
option earlier, the license shall be auctioned in the same manner as a
new license.
    ``(e) Election.--This section shall apply to any taxpayer for any
taxable year only if such taxpayer elects (at such time and in such
manner as the Secretary may by regulations prescribe) to have this
section apply for such taxable year.''.
    (b) Conforming Amendments.--
            (1) Subsection (b) of section 38 of such Code is amended by
        striking ``plus'' at the end of paragraph (12), by striking the
        period at the end of paragraph (13) and inserting ``, plus'',
        and by adding at the end the following new paragraph:
            ``(14) the radio broadcasting station donation credit
        determined under section 45E(a).''.
            (2) No carryback before effective date.--Subsection (d) of
        section 39 of such Code (relating to carryback and carryforward
        of unused credits) is amended by adding at the end the
        following new paragraph:
            ``(10) No carryback of section 45e credit before effective
        date.--No portion of the unused business credit for any taxable
        year which is attributable to any credit determined under
        section 45E may be carried back to a taxable year beginning
        before January 1, 2000.''.
            (3) The table of sections for subpart D of part IV of
        subchapter A of chapter 1 of such Code is amended by adding at
        the end the following new item:
                              ``Sec. 45E. Credit for donation of
                                        license and other assets of
                                        commercial radio broadcasting
                                        stations to certain nonprofit
                                        corporations.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

Output: Amends the Internal Revenue Code to allow income tax credits to the owner of a commercial radio station donating the station's license and other assets (a 125 percent credit for the license and a 100 percent credit for the assets) to a tax-exempt organization which agrees to operate the radio broadcasting station being donated to it as a for-profit venture, with profits dedicated to the support of non-profit fine arts and performing arts organizations in its service area.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as ``Deamonte's Law'' .

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) The Centers for Disease Control and Prevention reports
        that tooth decay in baby teeth has increased 15 percent among
        United States toddlers and preschoolers 2 to 5 years old,
        between 1988 to 1994 and 1994 to 2004.
            (2) During the period of 1999 to 2004, 28 percent of young
        children had experienced cavities.
            (3) Tooth decay is the single most common childhood chronic
        disease, and it disproportionately affects poor and minority
        children.
            (4) Eighty percent of dental decay occurs in just 25
        percent of children.
            (5) Parents are 3 times more likely to report that their
        children's dental needs are unmet, when compared with general
        medical care needs.
            (6) While 9,000,000 of the children in this Nation do not
        have medical insurance, more than twice that number--
        20,000,000--do not have dental insurance.
            (7) The Department of Health and Human Services estimates
        that more than 31,000,000 people live in dental health provider
        shortage areas, and 4,650 additional dentists would be needed
        to meet the need that exists in those areas.
            (8) Health centers serve as the health care home for
        16,000,000 individuals, including 5,200,000 children, aged 18
        and under.
            (9) A significant number of health centers provide dental
        services, but in many instances those services are inadequate
        to meet the needs of low-income children in the communities
        they serve.

SEC. 3. ACCESS TO DENTAL CARE PILOT PROGRAM.

    Subpart I of part D of title III of the Public Health Service Act
(42 U.S.C. 254b et seq.) is amended by adding at the end the following:

``SEC. 330M. ACCESS TO DENTAL CARE PILOT PROGRAM.

    ``(a) Grants.--The Secretary shall award grants to Federally
qualified health centers to expand and improve the provision of
pediatric dental services to medically underserved populations.
    ``(b) Use of Funds.--The Secretary may not make a grant to a
Federally qualified health center under this section unless the center
agrees to use the grant to expand and improve the provision of
pediatric dental services to medically underserved populations by--
            ``(1) recruiting dentists, pediatric dentists, or dentists
        with pediatric training to provide pediatric dental services to
        populations served by the center;
            ``(2) purchasing or renting equipment for the provision of
        dental services;
            ``(3) constructing and expanding physical space for the
        provision of dental services; or
            ``(4) allowing contractual relationships between Federally
        qualified health centers and private dental providers to
        increase access to dental care for adults and children.
    ``(c) Reports to Congress.--Not later than 1 year after the date of
the enactment of this section, and annually thereafter, the Secretary
shall conduct an evaluation of the activities funded through grants
under this section and submit a report to the Congress on the results
of such evaluation.
    ``(d) Definitions.--In this section:
            ``(1) The term `Federally qualified health center' has the
        meaning given to such term in section 1861(aa)(4) of the Social
        Security Act (42 U.S.C. 1395x(aa)(4)).
            ``(2) The term `pediatric dentist' means an individual who
        has successfully completed residency training from a pediatric
        dentistry program accredited by the Commission on Dental
        Accreditation.
    ``(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for each of fiscal
years 2008 through 2013.''.

SEC. 4. DENTISTRY WORKFORCE PILOT PROGRAM.

    Title VII of the Public Health Service Act (42 U.S.C. 292 et seq.)
is amended by inserting after section 747 the following:

``SEC. 747A. DENTISTRY WORKFORCE PILOT PROGRAM.

    ``(a) Grants.--The Secretary shall make grants to schools of
dentistry and hospitals with accredited training programs in pediatric
dentistry to increase the number of individuals who pursue academic
programs in pediatric dentistry.
    ``(b) Use of Funds.--The Secretary may not make a grant to a school
of dentistry or a hospital under this section unless the school or
hospital agrees to use the grant to increase the number of individuals
who pursue academic programs in pediatric dentistry by--
            ``(1) establishing, maintaining, or improving both pre- and
        post-doctoral academic programs in pediatric dentistry;
            ``(2) recruiting and training dental students to pursue
        training in pediatric dentistry;
            ``(3) strengthening training in pediatric dentistry within
        advanced education in general dentistry and general practice
        dentistry residencies in dentistry programs; or
            ``(4) recruiting and training practicing dentists through
        continuing education programs in pediatric dentistry.
    ``(c) Reports to Congress.--Not later than 1 year after the date of
the enactment of this section, and annually thereafter, the Secretary
shall conduct an evaluation of the activities funded through grants
under this section and submit a report to the Congress on the results
of such evaluation.
    ``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $5,000,000 for each of fiscal
years 2008 through 2013.''.

Output:
Deamonte's Law - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to federally qualified health centers to expand and improve the provision of pediatric dental services to medically underserved populations by: (1) recruiting dentists, pediatric dentists, or dentists with pediatric training to provide pediatric dental services; (2) purchasing or renting dental equipment; (3) constructing and expanding space; and (4) allowing contractual relationships between such health centers and private dental providers to increase access to dental care for adults.

Requires the Secretary to make grants to schools of dentistry and hospitals with accredited training programs to increase the number of individuals who pursue academic programs in pediatric dentistry by: (1) establishing, maintaining, or improving pre- and post-doctoral academic programs in pediatric dentistry; (2) recruiting and training dental students to pursue training in pediatric dentistry; (3) strengthening training in pediatric dentistry within advanced education in general dentistry and general practice residencies in dentistry programs; or (4) recruiting and training practicing dentists through continuing education programs in pediatric dentistry.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Use of Assisted Housing by Aliens
Act of 1995''.

SEC. 2. ACTIONS IN CASES OF TERMINATION OF FINANCIAL ASSISTANCE.

    (a) In General.--Section 214(c)(1) of the Housing and Community
Development Act of 1980 (42 U.S.C. 1436a(c)) is amended--
            (1) in the matter preceding subparagraph (A), by striking
        ``may, in its discretion,'' and inserting ``shall'';
            (2) in subparagraph (A), by inserting after the period at
        the end the following new sentence: ``Financial assistance
        continued under this subparagraph for a family may be provided
        only on a prorated basis under which the amount of financial
        assistance is based on the percentage of the total number of
        members of the family that are eligible for such assistance
        under the program for financial assistance and this section.'';
        and
            (3) in subparagraph (B), by striking ``6-month period'' and
        all that follows through ``affordable housing'' and inserting
        ``single 3-month period''.
    (b) Scope of Application.--The amendment made by subsection (a)(3)
shall apply to any deferral granted under section 214(c)(1)(B) of the
Housing and Community Development Act of 1980 on or after the date of
the enactment of this Act, including any renewal of any deferral
initially granted before such date of enactment, except that a public
housing agency or other entity referred to in such section 214(c)(1)(B)
may not renew, after such date of enactment, any deferral which was
granted under such section before such date and has been effective for
at least 3 months on and after such date.

SEC. 3. VERIFICATION OF IMMIGRATION STATUS AND ELIGIBILITY FOR
              FINANCIAL ASSISTANCE.

    Section 214(d) of the Housing and Community Development Act of 1980
is amended--
            (1) in the matter preceding paragraph (1), by inserting
        ``or to be'' after ``being'';
            (2) in paragraph (1)(A), by inserting at the end the
        following new sentences: ``If the declaration states that the
        individual is not a citizen or national of the United States,
        the declaration shall be verified by the Immigration and
        Naturalization Service. If the declaration states that the
        individual is a citizen or national of the United States, the
        Secretary may request verification of the declaration by
        requiring presentation of documentation the Secretary considers
        appropriate, including a social security card, certificate of
        birth, driver's license, or other documentation.'';
            (3) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by
                striking ``on the date of the enactment of the Housing
                and Community Development Act of 1987'' and inserting
                ``or applying for financial assistance''; and
                    (B) by inserting at the end the following new
                sentence:
        ``In the case of an individual applying for financial
        assistance, the Secretary may not provide such assistance for
        the benefit of the individual before such documentation is
        presented and verified under paragraph (3) or (4).'';
            (4) in paragraph (4)--
                    (A) in the matter preceding subparagraph (A), by
                striking ``on the date of the enactment of the Housing
                and Community Development Act of 1987'' and inserting
                ``or applying for financial assistance'';
                    (B) in subparagraph (A)--
                            (i) in clause (i)--
                                    (I) by inserting ``, not to exceed
                                30 days,'' after ``reasonable
                                opportunity''; and
                                    (II) by striking ``and'' at the
                                end; and
                            (ii) by striking clause (ii) and inserting
                        the following new clauses:
                            ``(ii) in the case of any individual who is
                        already receiving assistance, may not delay,
                        deny, reduce, or terminate the individual's
                        eligibility for financial assistance on the
                        basis of the individual's immigration status
                        until such 30-day period has expired, and
                            ``(iii) in the case of any individual who
                        is applying for financial assistance, may not
                        deny the application for such assistance on the
                        basis of the individual's immigration status
                        until such 30-day period has expired; and'';
                    (C) in subparagraph (B), by striking clause (ii)
                and inserting the following new clause:
                            ``(ii) pending such verification or appeal,
                        the Secretary may not--
                                    ``(I) in the case of any individual
                                who is already receiving assistance,
                                delay, deny, reduce, or terminate the
                                individual's eligibility for financial
                                assistance on the basis of the
                                individual's immigration status, and
                                    ``(II) in the case of any
                                individual who is applying for
                                financial assistance, deny the
                                application for such assistance on the
                                basis of the individual's immigration
                                status, and'';
            (5) in paragraph (5), by striking all that follows
        ``satisfactory immigration status'' and inserting the
        following: ``, the Secretary shall--
                    ``(A) deny the individual's application for
                financial assistance or terminate the individual's
                eligibility for financial assistance, as the case may
                be; and
                    ``(B) provide the individual with written notice of
                the determination under this paragraph.''; and
            (6) by striking paragraph (6) and inserting the following
        new paragraph:
            ``(6) The Secretary shall terminate the eligibility for
        financial assistance of an individual, for a period of not less
        than 24 months, upon determining that such individual has
        knowingly permitted another individual who is not eligible for
        such assistance to use the assistance (including residence in
        the unit assisted).''.

SEC. 4. PROHIBITION OF SANCTIONS AGAINST ENTITIES MAKING FINANCIAL
              ASSISTANCE ELIGIBILITY DETERMINATIONS.

    Section 214(e)(4) of the Housing and Community Development Act of
1980 is amended--
            (1) in paragraph (2), by inserting ``or'' at the end;
            (2) in paragraph (3), by striking ``, or'' at the end and
        inserting a period; and
            (3) by striking paragraph (4).

SEC. 5. SUSPENSION OF IMPLEMENTATION OF REGULATIONS.

    Notwithstanding any other provision of law, the regulations
relating to restrictions on assistance to noncitizens, contained in the
final rule issued by the Secretary of Housing and Urban Development in
RIN 2501-AA63 (Docket No. R-95-1409; FR-2383-F-050), published in the
Federal Register of March 20, 1995 (Vol. 60., No. 53; pp. 14824-14861),
shall not apply on or after April 1, 1996, and the Secretary of Housing
and Urban Development may not issue, implement, or enforce any
regulation or guideline that is effective on or after such date that is
substantially based upon such regulations unless such regulation or
guideline is consistent with the provisions of section 214 of the
Housing and Community Development Act of 1980, as amended by this Act.

Output:
Use of Assisted Housing by Aliens Act of 1995 - Amends the Housing and Community Development Act of 1980 with respect to certain housing assistance to aliens to:  (1) make specified assistance termination procedures mandatory; (2) prorate continued assistance on the basis of individual eligibility; and (3) reduce the assistance termination deferment to a single three-month period.
Sets forth verification of immigration status and financial assistance eligibility requirements, including penalties for permitting an ineligible person to use such assistance.
Suspends the implementation of certain noncitizen housing assistance regulations and prohibits implementation of any related regulations that are inconsistent with the provisions of this Act.