Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare and Medicaid Provider
Review Act of 1997''.

SEC. 2. REQUIRING CERTAIN PROVIDERS TO FUND ANNUAL FINANCIAL AND
              COMPLIANCE AUDITS AS A CONDITION OF PARTICIPATION UNDER
              THE MEDICARE AND MEDICAID PROGRAMS.

    (a) Establishment of Annual Financial and Compliance Audit Fee
Schedule.--Title XI of the Social Security Act, as amended by sections
4321(c) of the Balanced Budget Act of 1997 (Public Law 105-33), is
amended by inserting after section 1146 the following new section:

             ``compliance and financial audit fee schedule

    ``Sec. 1147. (a) Establishment.--
            ``(1) In general.--Subject to subsection (c), the Secretary
        shall--
                    ``(A) establish a schedule of hourly rates for the
                conduct of annual financial and compliance audits
                during each fiscal year for all health care providers
                described in subsection (b) that receive payment under
                title XVIII or XIX during the year; and
                    ``(B) provide for the conduct, in a separate office
                within the Department of Health and Human Services, of
                such audits by specially trained and qualified
                personnel of each provider's substantial compliance
                with the requirements for payment to such provider
                under title XVIII, title XIX, or both (whichever is
                applicable), including requirements relating to medical
                necessity and appropriate coding and documentation for
                services and supplies provided.
            ``(2) Scope of audits.--An audit of a provider under
        paragraph (1)(B) shall include, as appropriate, audits of
        related entities (including businesses owned, in whole or in
        part, by the provider).
    ``(b) Covered Providers.--
            ``(1) In general.--Subject to paragraph (2), each of the
        following is a health care provider described in this
        subsection:
                    ``(A) A hospital.
                    ``(B) A skilled nursing facility or nursing
                facility.
                    ``(C) A home health agency.
                    ``(D) A hospice program.
                    ``(E) A provider of clinical laboratory services.
                    ``(F) A provider of ambulance services.
            ``(2) Low volume provider exemption.--The Secretary may
        exclude a particular health care provider described in
        paragraph (1) if the Secretary finds that the provider receives
        a small amount of revenues from titles XVIII and XIX.
    ``(c) Requiring Maintenance of Appropriation Level.--No rates shall
be collected under subsection (a) and no audits conducted under such
subsection for a fiscal year if the amount appropriated and available
for the conduct of audits of the type described in subsection (a)(1)(B)
for the fiscal year is less than the amount so appropriated for fiscal
year 1998 or for the fiscal year preceding the fiscal year involved,
whichever is greater.
    ``(d) Use of Funds Exclusively for Financial and Compliance
Audits.--Annual payments made to the Secretary under sections
1866(a)(1)(T), 1862(a)(22), and 1903(i)(19) in the amounts specified
under subsection (a) are hereby appropriated to the Secretary for the
sole purpose of conducting audits described in subsection (a).''.
    (b) Application under Medicare Program.--
            (1) Payment requirement for hospitals, skilled nursing
        facilities, home health agencies, and hospice programs.--
        Section 1866(a)(1) of the Social Security Act, as amended by
        section 4321(b) of the Balanced Budget Act of 1997 (42 U.S.C.
        1395cc), is amended--
                    (A) by striking ``and'' at the end of subparagraph
                (R),
                    (B) by striking the period at the end of
                subparagraph (S), and
                    (C) by inserting after subparagraph (S) the
                following new subparagraph:
            ``(T) in the case of a hospital, skilled nursing facility,
        home health agency, or hospice program, subject to section
        1147(c), to provide for annual payment to the Secretary of the
        appropriate amount specified under section 1147(a) as necessary
        for the conduct of an annual financial and compliance audit of
        the hospital, facility, agency, or program under such
        section.''.
            (2) Requirement for ambulance services and clinical
        laboratories.--Section 1862(a) of the Social Security Act (42
        U.S.C. 1395y(a)), as amended by sections 4319(b), 4432(b),
        4507(a)(2)(B), 4541(b), and 4603(c)(2)(C) of the Balanced
        Budget Act of 1997, is amended--
                    (A) by striking ``or'' at the end of paragraph
                (20),
                    (B) by striking the period at the end of paragraph
                (21) and inserting ``; or'', and
                    (C) by inserting after paragraph (21) the following
                new paragraph:
            ``(22) where such expenses are for ambulance services or
        clinical laboratory services unless, subject to section
        1147(c), the provider of such services has provided for annual
        payment to the Secretary of the appropriate amount specified
        under section 1147(a) as necessary for the conduct of an annual
        financial and compliance audit of the provider under such
        section.''.
    (c) Medicaid.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)), as
amended by sections 4724(a) and 4724(b) of the Balanced Budget Act of
1997 (Public Law 105-33), is amended--
            (1) by striking ``or'' at the end of paragraph (17),
            (2) by striking the period at the end of paragraph (18) and
        inserting ``; or'', and
            (3) by inserting after paragraph (18) the following new
        paragraph:
            ``(19) with respect to any amount expended for services
        furnished by a covered provider described in section 1147(b)
        unless, subject to section 1147(c), the provider has provided
        for annual payment to the Secretary of the appropriate amount
        specified under section 1147(a) as necessary for the conduct of
        an annual financial and compliance audit of the provider under
        such section.''.
    (d) Report on Auditing Agencies.--
            (1) Study.--The Secretary of Health and Human Services
        shall conduct a study of the examining and accrediting agencies
        that conduct audits and inspections of covered providers
        (described in section 1147(b) of the Social Security Act, as
        added by subsection (a)). Such study shall include an
        examination of the audits and inspections conducted by such
        agencies.
            (2) Report.--Based on the study conducted under paragraph
        (1), the Secretary shall submit to Congress, by not later than
        June 1, 1999, a report that includes recommendations on how
        best to coordinate and consolidate these audits and inspections
        to minimize unnecessary duplication.
    (e) Effective Date.--The amendments made by subsections (a) through
(c) shall take effect as of January 1, 1998.

Output:
Medicare and Medicaid Provider Review Act of 1997 - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS) to:  (1) establish a schedule of hourly rates for the conduct of annual financial and compliance audits during each fiscal year for all covered health care providers that receive payments under SSA title XVIII (Medicare) or XIX (Medicaid); and (2) provide for the conduct of such audits, in a separate HHS office, by specially trained and qualified personnel of each provider's substantial compliance with the requirements for receiving such payments.
Amends SSA titles XVIII and XIX to require covered providers to provide for annual payment to the Secretary of appropriate amounts for the conduct of such audits.  Makes appropriations to the Secretary from such payments for the sole purpose of conducting such audits.
Directs the Secretary to study and report to the Congress on examining and accrediting agencies that audit and inspect covered providers.


Input:
SECTION 1. GRANULATED POLYTETRAFLUOROETHYLENE RESIN FROM ITALY.

    (a) In General.--Notwithstanding section 514 of the Tariff Act of
1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of
Customs and Border Protection shall, not later than 90 days after the
receipt of the request described in subsection (b), liquidate or
reliquidate the entries listed in subsection (d) in accordance with the
U.S. Department of Commerce Final Results of Antidumping Administrative
Review (60 Fed. Reg. 53,737 (October 17, 1995)) and the corresponding
internal liquidation instructions issued on July 7, 2000.
    (b) Request.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (d)
only if a request therefore is filed with the Bureau of Customs and
Border Protection not later than 90 days after the date of the
enactment of this Act.
    (c) Refund of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of an entry described in
subsection (d) (including interest from the date of entry) shall be
refunded not later than 90 days after the date of such liquidation or
reliquidation.
    (d) Entry.--The entries referred to in subsection (a) are as
follows:

           Entry number          Entry date            Liquidation Date

           002-0504959-6.......  07/14/92............  12/01/00
           237-0049216-0.......  08/04/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0504945-5.......  07/27/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           002-0505036-2.......  08/10/92............  12/01/00
           237-0049310-1.......  08/24/92............  12/01/00
           237-0049310-1.......  08/24/92............  12/01/00
           237-0049310-1.......  08/24/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           002-0505223-6.......  09/14/92............  12/01/00
           237-0049661-7.......  10/12/92............  11/06/98
           237-0049661-7.......  10/12/92............  11/06/98
           237-0049661-7.......  10/12/92............  11/06/98
           002-0505350-7.......  10/19/92............  12/01/00
           002-0505350-7.......  10/19/92............  12/01/00
           002-0505350-7.......  10/19/92............  12/01/00
           002-0505350-7.......  10/19/92............  12/01/00
           002-0505350-7.......  10/19/92............  12/01/00
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505652-6.......  12/16/92............  06/18/93
           002-0505810-0.......  01/18/93............  05/24/96
           002-0505810-0.......  01/18/93............  05/24/96
           002-0505810-0.......  01/18/93............  05/24/96
           002-0505810-0.......  01/18/93............  05/24/96
           002-0505810-0.......  01/18/93............  05/24/96
           002-0505810-0.......  01/18/93............  05/24/96
           002-0505810-0.......  01/18/93............  05/24/96
           002-0505810-0.......  01/18/93............  05/24/96
           002-0505810-0.......  01/18/93............  05/24/96
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0505997-5.......  02/23/93............  09/10/93
           002-0506261-5.......  03/30/93............  05/24/96
           002-0506261-5.......  03/30/93............  05/24/96
           002-0506261-5.......  03/30/93............  05/24/96
           002-0506261-5.......  03/30/93............  05/24/96
           002-0506261-5.......  03/30/93............  05/24/96
           002-0506337-3.......  04/23/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506366-2.......  04/27/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0506538-6.......  05/25/93............  05/24/96
           002-0505117-0.......  08/31/92............  12/01/00
           002-0505117-0.......  08/31/92............  12/01/00
           002-0505117-0.......  08/31/92............  12/01/00
           002-0505156-8.......  09/03/92............  12/01/00
           002-0505156-8.......  09/03/92............  12/01/00
           002-0505221-0.......  09/14/92............  12/01/00
           002-0505222-8.......  09/14/92............  12/01/00
           002-0505217-8.......  09/21/92............  12/01/00
           002-0505217-8.......  09/21/92............  12/01/00
           002-0505270-7.......  09/28/92............  12/01/00
           002-0505270-7.......  09/28/92............  12/01/00
           002-0505270-7.......  09/28/92............  12/01/00
           002-0505328-3.......  10/14/92............  12/01/00
           002-0505328-3.......  10/14/92............  12/01/00
           002-0505328-3.......  10/14/92............  12/01/00
           002-0505364-8.......  10/19/92............  12/01/00
           002-0505364-8.......  10/19/92............  12/01/00
           002-0505654-2.......  12/22/92............  12/01/00
           002-0505653-4.......  12/21/92............  12/01/00
           002-0505653-4.......  12/21/92............  12/01/00
           002-0505651-8.......  12/24/92............  12/01/00
           002-0505651-8.......  12/24/92............  12/01/00
           002-0505651-8.......  12/24/92............  12/01/00
           002-0505651-8.......  12/24/92............  12/01/00
           002-0505811-8.......  01/11/93............  05/24/96
           002-0505811-8.......  01/11/93............  05/24/96
           002-0505809-2.......  01/13/93............  05/24/96
           002-0505809-2.......  01/13/93............  05/24/96
           002-0505877-9.......  01/25/93............  05/24/96
           002-0505877-9.......  01/25/93............  05/24/96
           002-0505878-7.......  01/25/93............  05/24/96
           002-0506061-9.......  02/15/93............  05/24/96
           002-0506061-9.......  02/15/93............  05/24/96
           002-0505998-3.......  02/23/93............  05/24/96
           002-0505998-3.......  02/23/93............  05/24/96
           002-0506181-5.......  03/09/93............  05/24/96
           002-0506181-5.......  03/09/93............  05/24/96
           002-0506136-9.......  03/19/93............  05/24/96
           002-0506202-9.......  03/19/93............  05/24/96
           002-0506202-9.......  03/19/93............  05/24/96
           002-0506221-9.......  03/29/93............  05/24/96
           002-0506221-9.......  03/29/93............  05/24/96
           002-0506221-9.......  03/29/93............  05/24/96
           002-0506221-9.......  03/29/93............  05/24/96
           002-0506269-8.......  04/02/93............  05/24/96
           002-0506302-7.......  04/13/93............  05/24/96
           002-0506365-4.......  04/13/93............  05/24/96
           002-0506365-4.......  04/13/93............  05/24/96
           002-0506364-7.......  04/28/93............  05/24/96
           002-0506340-7.......  04/20/93............  05/24/96
           002-0506340-7.......  04/20/93............  05/24/96
           002-0506396-9.......  05/04/93............  05/24/96
           002-0506455-3.......  05/10/93............  05/24/96
           002-0506455-3.......  05/10/93............  05/24/96
           002-0506524-6.......  05/17/93............  05/24/96
           002-0506539-4.......  05/25/93............  05/24/96
           002-0506539-4.......  05/25/93............  05/24/96
           002-0506584-0.......  06/07/93............  05/24/96
           002-0506584-0.......  06/07/93............  05/24/96

Output: Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries of Granulated polytetrafluoroethylene resin from Italy.


Input:
SECTION 1. FINDINGS.

    Congress finds the following:
            (1) The Taiwan Relations Act (22 U.S.C. 3301 et seq.;
        Public Law 96-8) is the cornerstone of relations between the
        United States and Taiwan, which is also governed by the three
        joint communiques and the Six Assurances.
            (2) The Taiwan Relations Act has governed United States
        arms sales to Taiwan since 1979, when the United States
        extended diplomatic recognition to the People's Republic of
        China.
            (3) The Taiwan Relations Act specifies that it is United
        States policy, among other things, to consider any nonpeaceful
        means to determine Taiwan's future ``a threat'' to the peace
        and security of the Western Pacific and of ``grave concern'' to
        the United States, ``to provide Taiwan with arms of a defensive
        character'', and ``to maintain the capacity of the United
        States to resist any resort to force or other forms of
        coercion'' jeopardizing the security or social or economic
        system of Taiwan's people.
            (4) Section 3(a) of the Taiwan Relations Act states that
        ``the United States will make available to Taiwan such defense
        articles and defense services in such quantity as may be
        necessary to enable Taiwan to maintain a sufficient self-
        defense capability''.
            (5) Section 3(b) of the Taiwan Relations Act stipulates
        that both the President and the Congress shall determine the
        nature and quantity of such defense articles and services
        ``based solely'' upon their judgment of the needs of Taiwan.
            (6) Taiwan in March 2009 issued its first Quadrennial
        Defense Review, a robust, defense-oriented strategy that aims
        to shape the regional security environment and deter conflict
        while transforming the military into a leaner, more efficient
        fighting force with sustainable capabilities, thereby helping
        to demonstrate that Taiwan has the resolve and commitment to
        successfully strengthen its own defenses.
            (7) According to the Congressional Research Service, the
        executive branch has yet to send any arms transfer
        notifications to Congress for Taiwan during calendar year 2009,
        including notifications for Blackhawk helicopters, diesel
        submarine design, and additional Patriot PAC-3 systems, nor has
        it yet transferred the OSPREY class minehunter coastal ships
        ORIOLE (MHC-55) and FALCON (MHC-59), even though Congress
        authorized the sale of these ships in calendar 2008 in the
        Consolidated Natural Resources Act of 2008 (Public Law 110-
        229).
            (8) Taiwanese President Ma Ying-jeou has reiterated his
        administration's desire to acquire United States built F-16 C/
        Ds and other weapons on many public occasions, including in an
        April 22 address to the United States by teleconference to mark
        the 30th anniversary of the Taiwan Relations Act and a
        statement issued during a May 26 transit stop in the United
        States on his way to Central America for a diplomatic visit.
            (9) Taiwanese President Ma Ying-jeou also stated on October
        2, 2009, that ``Although there are pragmatic improvements in
        cross-strait ties, this doesn't mean we can let our guard
        down.''.
            (10) As highlighted in the March 2009 Department of Defense
        annual report to Congress on China's military, ``China's armed
        forces are rapidly developing coercive capabilities . . .
        [that] could in the future be used to pressure Taiwan toward a
        settlement of the cross-Strait dispute on Beijing's terms while
        simultaneously attempting to deter, delay, or deny any possible
        U.S. support for the island in case of conflict.''.

SEC. 2. MANDATORY CONGRESSIONAL BRIEFINGS.

    (a) Briefings.--Not later than 90 days after the date of the
enactment of this Act and at least annually thereafter, the Secretary
of State, in consultation with the Secretary of Defense, shall provide
detailed briefings to Congress on--
            (1) any discussions conducted between any executive branch
        agency and the Government of Taiwan during the covered period;
        and
            (2) any potential transfer of defense articles or defense
        services to the Government of Taiwan.
    (b) Definitions.--In this section:
            (1) Covered period.--The term ``covered period'' means,
        with respect to--
                    (A) the initial briefing required under subsection
                (a), the period beginning on the date of the enactment
                of this Act and ending on the date of such initial
                briefing; and
                    (B) subsequent briefings required under such
                subsection, the period beginning on the day after the
                date of the most recent briefing and ending on the date
                of any such subsequent briefing.
            (2) Executive branch agency.--The term ``executive branch
        agency'' has the meaning given the term ``agency'' in section
        551(1) of title 5, United States Code.
            (3) Defense article.--The term ``defense article'' has the
        meaning given the term in section 47 of the Arms Export Control
        Act (22 U.S.C. 2794).
            (4) Defense service.--The term ``defense service'' has the
        meaning given the term in section 47 of the Arms Export Control
        Act (22 U.S.C. 2794).

Output: Directs the Secretary of State to provide briefings to Congress at least once a year regarding: (1) discussions conducted between any executive branch agency and the government of Taiwan; and (2) potential defense article or defense service transfers to the government of Taiwan.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Financial Crimes Resources Act of
2009''.

SEC. 2. ADDITIONAL FUNDING FOR RESOURCES TO INVESTIGATE AND PROSECUTE
              CRIMINAL ACTIVITY INVOLVING COMPUTERS, CRIMES OF FRAUD
              INVOLVING FEDERAL ECONOMIC ASSISTANCE AND RELIEF
              PROGRAMS, AND FINANCIAL CRIMES.

    (a) Additional Funding for Resources.--
            (1) Authorization.--For the purposes described in
        subsection (b), there are authorized to be appropriated for
        each of the fiscal years 2010 through 2012--
                    (A) to the Director of the United States Secret
                Service, $20,000,000;
                    (B) to the Director of the Federal Bureau of
                Investigation, $100,000,000;
                    (C) to the Attorney General, for--
                            (i) the Criminal Division of the Department
                        of Justice, $20,000,000;
                            (ii) the Civil Division of the Department
                        of Justice, $15,000,000;
                            (iii) the Tax Division of the Department of
                        Justice, $5,000,000; and
                            (iv) the offices of the United States
                        Attorneys, $50,000,000;
                    (D) to the Inspector General of the Department of
                Housing and Urban Development, $30,000,000;
                    (E) to the Chief Postal Inspector of the United
                States Postal Inspection Service, $30,000,000; and
                    (F) to the Director of the Administrative Office of
                the United States Courts, $20,000,000.
            (2) Additional funding and availability.--The amounts
        authorized under paragraph (1) are in addition to amounts
        otherwise authorized in other Acts, and shall remain available
        until expended.
    (b) Use of Additional Funding.--Funds made available under
subsection (a)(1) shall be used--
            (1) by the recipients described in subparagraphs (A)
        through (E) of such subsection, to provide for resources to
        investigate and prosecute criminal activity involving
        computers, crimes of fraud involving Federal economic
        assistance and relief programs, and financial crimes, including
        mortgage fraud, securities fraud, and financial institution
        fraud; and
            (2) by the recipient described in subparagraph (F) of such
        subsection, for costs associated with providing defense
        services in cases in which a defendant is charged with criminal
        activity involving computers, crimes of fraud involving Federal
        economic assistance and relief programs, and financial crimes,
        including mortgage fraud, securities fraud, and financial
        institution fraud.

SEC. 3. GRANTS FOR STATE AND LOCAL LAW ENFORCEMENT.

    (a) In General.--Subject to the availability of amounts provided in
advance in appropriations Acts, the Assistant Attorney General for the
Office of Justice Programs of the Department of Justice may award
grants to States to establish and develop programs to increase and
enhance enforcement against criminal activity involving computers and
financial crimes, including mortgage fraud, securities fraud, and
financial institution fraud.
    (b) Application.--To be eligible for a grant under subsection (a),
a State shall submit an application to the Assistant Attorney General
for the Office of Justice Programs of the Department of Justice at such
time, in such manner, and containing such information, including as
described in subsection (d), as the Assistant Attorney General may
require.
    (c) Use of Grant Amounts.--A grant awarded to a State under
subsection (a) shall be used by a State to establish and develop
programs to--
            (1) assist State and local law enforcement agencies in
        enforcing State and local criminal laws relating to criminal
        activity involving computers and financial crimes;
            (2) assist State and local law enforcement agencies in
        educating the public to prevent and identify criminal activity
        involving computers and financial crimes;
            (3) educate and train State and local law enforcement
        officers and prosecutors to conduct investigations, forensic
        analyses of evidence, and prosecutions of criminal activity
        involving computers and financial crimes;
            (4) assist State and local law enforcement officers and
        prosecutors in acquiring computer and other equipment to
        conduct investigations and forensic analysis of evidence of
        criminal activity involving computers and financial crimes;
            (5) assist public defenders with providing defense services
        to defendents in cases in which the defendant is charged with
        criminal activity involving computers or a financial crime,
        including mortgage fraud, securities fraud, and financial
        institution fraud; and
            (6) facilitate and promote communication between Federal,
        State, and local law enforcement to improve the sharing of
        Federal law enforcement expertise and information about the
        investigation, forensic analysis of evidence, and prosecution
        of criminal activity involving computers and financial crimes
        with State and local law enforcement officers and prosecutors,
        including the use of multi-jurisdictional task forces.
    (d) Assurances and Eligibility.--To be eligible to receive a grant
under subsection (a), a State shall provide assurances to the Assistant
Attorney General for the Office of Justice Programs of the Department
of Justice that the State--
            (1) will provide an assessment of the resource needs of the
        State and units of local government within that State,
        including criminal justice resources being devoted to the
        investigation and enforcement of laws related to criminal
        activity involving computers and financial crimes;
            (2) will develop a plan for coordinating the programs
        funded under this section with other federally funded technical
        assistance and training programs; and
            (3) will submit to the Assistant Attorney General for the
        Office of Justice Programs of the Department of Justice
        applicable reports in accordance with subsection (f).
    (e) Matching Funds.--The Federal share of a grant received under
this section may not exceed 90 percent of the total cost of a program
or proposal funded under this section unless the Assistant Attorney
General for the Office of Justice Programs of the Department of Justice
waives, wholly or in part, the requirements of this subsection.
    (f) Reports.--For each year that a State receives a grant under
subsection (a) for a program, the State shall submit to the Assistant
Attorney General for the Office of Justice Programs of the Department
of Justice a report on the results, including the effectiveness, of
such program during such year.
    (g) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to
        carry out this section $250,000,000 for each of the fiscal
        years 2010 through 2012.
            (2) Limitations.--Of the amount made available to carry out
        this section in any fiscal year, not more than 3 percent may be
        used for salaries and administrative expenses for the
        Department of Justice.
            (3) Minimum amount.--Each State submitting an application
        for, and eligible to receive, a grant under this section for a
        fiscal year shall be allocated under this section, in each such
        fiscal year, not less than 0.75 percent of the total amount
        appropriated in such fiscal year for grants pursuant to this
        section, except that not less than 0.25 percent of such total
        amount shall be allocated to the United States Virgin Islands,
        American Samoa, Guam, and the Northern Mariana Islands,
        collectively.
            (4) Grants to indian tribes.--Notwithstanding any other
        provision of this section, the Assistant Attorney General for
        the Office of Justice Programs of the Department of Justice may
        use amounts made available under this section to make grants to
        Indian tribes for use in accordance with this section.

Output:
Financial Crimes Resources Act of 2009 - Authorizes appropriations for FY2010-FY2012 to the U.S. Secret Service, the Federal Bureau of Investigation (FBI), the Department of Justice (DOJ), and other federal agencies for the investigation and prosecution of criminal activity involving computers, crimes of fraud involving federal economic assistance and relief programs, and financial crimes, including mortgage fraud, securities fraud, and financial institution fraud.

Authorizes the Assistant Attorney General for the Office of Justice Programs of DOJ to award grants to states to establish and develop programs for enforcement against criminal activity involving computers and financial crimes.


Input:
SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Student Medical Access Raising Test
Scores Health Act'', or the ``SMARTS Health Act''.

SEC. 2. FINDINGS.

     The Congress finds as follows:
            (1) The Journal of the American Medical Association reports
        that protecting children's health requires two key elements,
        which are (A) that a caring adult is engaged in the life of the
        child, and (B) that there is a connection between the child and
        his or her school.
            (2) Schools offer the most natural community setting in
        which individuals live, work, and play. Schools are a respected
        element of community infrastructure and are recognized as the
        most valuable element in creating connection and support for
        children, families, and communities.
            (3) Primary care and behavioral health services are among
        the most important elements of a comprehensive approach to
        promoting health and education and preventing illness in
        children and youth.
            (4) School safety and violence prevention are critical to
        the well-being of each student, and early intervention and
        mental health care significantly reduce school discipline
        problems.
            (5) Good health is a prerequisite for optimal learning, and
        schools can help students achieve academic success by
        participating in efforts that promote good health, including
        access to regular medical and mental health care.
            (6) Children are experiencing increasing rates of
        behavioral and physical illness, such as attention deficit
        hyperactivity disorder (ADHD) and asthma and diabetes, and are
        experiencing increasing rates of obesity that portend
        increasing rates of diabetes, heart disease, and cancer later
        in life.
            (7) In order to be effective, new strategies for prevention
        must be built on community-based, community-designed, and
        community-implemented strategies.
            (8) Effective behavioral and physical health services can
        be provided in a school-based setting in such a way as to
        prevent later disease.
            (9) Schools are ideal settings in which to provide care for
        children, especially those who would otherwise have inadequate
        access to health services. Limited access contributes directly
        to the growing rates of disease among children. Prevention
        strategies should be joined with treatment to develop an
        understanding of what types of prevention can reduce rates of
        illness, and therefore the need for treatment. Higher rates of
        disease, even with adequate access to health services, portend
        loss of vitality and higher complications from disease.
            (10) School-based health programs should focus on improving
        behavioral and physical health, including with respect to
        obesity.
            (11) By reducing the incidence of disease, effective
        community-based prevention programs (whether through school-
        based approaches or otherwise) result in significant savings to
        the Federal Government and to the States by reducing
        expenditures in Federal and State health services programs.
        Such savings should be dedicated to further prevention efforts,
        which in turn will result in further savings. Savings that
        result from prevention programs should not be redirected to
        unrelated purposes, and prevention programs that achieve
        savings should not be penalized by having their funding levels
        reduced.

SEC. 3. DEMONSTRATION GRANTS FOR EXPANSION OF SCHOOL-BASED HEALTH
              PROGRAMS.

    (a) In General.--
            (1) Program of grants.--The Secretary of Health and Human
        Services may make demonstration grants to eligible entities for
        the purpose of expanding school-based health programs that are
operated by such entities.
            (2) Consultation.--The Secretary shall coordinate the
        program under this section with the program under title XIX of
        the Social Security Act (relating to Medicaid); the program
        under title XXI of such Act (relating to the State children's
        health insurance program); programs of the Substance Abuse and
        Mental Health Services Administration; programs of the Health
        Resources and Services Administration; programs of the Centers
        for Disease Control and Prevention; programs of the Agency for
        Healthcare Research and Quality; programs of the National
        Institutes of Health; and the National Center on Minority
        Health and Health Disparities.
    (b) Eligible Entities.--An entity is an eligible entity for
purposes of this Act if--
            (1) the entity is a public or nonprofit private institution
        of higher education or a local educational agency;
            (2) the entity operates a school-based health program;
            (3) the health services provided by such program include
        preventive health services and behavioral health services,
        including with respect to nutrition, physical activity, and
        otherwise preventing or treating obesity; and
            (4) such program is carried out in coordination with public
        and nonprofit private entities in the community involved that
        provide health, education, or social services to children.
    (c) Certain Programs.--Grants under subsection (a) shall be made
only to the following entities (subject to the submission of an
application in accordance with subsection (d) demonstrating status as
an eligible entity), and for the following purposes:
            (1) To the University of Maryland for expanding the school-
        based health program operated by such University in the
        vicinity of Baltimore, in the State of Maryland.
            (2) To the local educational agency that operates a school-
        based health program in an independent school district in the
        vicinity of Dallas, in the State of Texas, for expanding such
        program.
            (3) To the University of New Mexico for expanding the
        school-based health program operated by such University in the
        State of New Mexico.
            (4) To the University of California, Los Angeles, for
        expanding the school-based health program operated by such
        University in the vicinity of Los Angeles, in the State of
        California.
            (5) To the Child Study Center Outpatient Clinic, Yale
        University, for expanding the school-based health program
        operated by such Center in the vicinity of New Haven, in the
        State of Connecticut.
            (6) To the University of Illinois at Chicago, for expanding
        the school-based health program operated by such University in
        the vicinity of Chicago, in the State of Illinois.
    (d) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the secretary
determines to be necessary to carry out this section.
    (e) Outcome Goals.--In making a grant under subsection (a) for a
school-based health program, the Secretary shall establish goals for
the program in terms of health outcomes for the children served by the
program. Such goals shall be based on the objectives established by the
Secretary as part of the initiative known as Healthy People 2010, or on
other measures determined by the Secretary to be appropriate.
    (f) Evaluations; Report.--
            (1) Evaluations.--The Secretary, directly or through grants
        or contracts, shall provide for evaluations of the school-based
        programs for which grants under subsection (a) are made. Such
        evaluations shall determine whether the programs have met the
        applicable goals under subsection (e), and shall determine the
        extent to which the programs have increased the access of the
        children involved to health services, have enhanced the overall
        health status of the children, and have reduced disease rates.
            (2) Report.--Not later than December 31, 2004, the
        Secretary shall submit to the Congress a report that describes
        the findings made through evaluations under paragraph (1) and
        that provides the recommendations of the Secretary for a
        comprehensive national program to provide grants for the
        establishment and operation of school-based health programs,
        including a recommendation on the amount of funds that should
        be made available for the comprehensive national program,
        taking into account the savings that can be achieved in Federal
        and State health services programs by reducing the incidence of
        disease in the populations served by the program.
    (g) Definitions.--
            (1) The term ``institution of higher education'' has the
        meaning given such term in section 101(a) of the Higher
        Education Act of 1965.
            (2) The term ``local educational agency'' has the meaning
        given such term in section 9101(26) of the Elementary and
        Secondary Education Act of 1965.
            (3) The term ``Secretary'' means the Secretary of Health
        and Human Services.
    (h) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2003 through 2008.

Output: Student Medical Access Raising Test Scores Health Act - SMARTS Health Act - Authorizes the Secretary of Health and Human Services to make demonstration grants to expand school-based health programs.Directs the Secretary to coordinate such grants program with other specified health programs.Limits the making of such grants to the following eligible entities, for expansion of the following school-based health programs: (1) the University of Maryland, for its program in the Baltimore, Maryland, vicinity; (2) the local educational agency for its program in an independent school district in the Dallas, Texas, vicinity; (3) the University of New Mexico for its program in New Mexico; (4) the University of California, Los Angeles, for its program in the Los Angeles, California, vicinity; (5) the Child Study Center Outpatient Clinic, Yale University, for its program in the New Haven, Connecticut, vicinity; and (6) the University of Illinois at Chicago, for its program in the Chicago, Illinois, vicinity.Directs the Secretary, in making such a grant, to establish goals for the program in terms of health outcomes for the children served.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strategic Deterrent Sustainment Act
of 2007''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The strategic forces of the United States remain a
        cornerstone of United States national security.
            (2) The 2001 Nuclear Posture Review states that it is the
        current policy of the United States that intercontinental
        ballistic missiles (ICBMs), submarine-launched ballistic
        missiles, and long-range nuclear-armed bombers play a critical
        role in the defense capabilities of the United States, its
        allies, and friends.
            (3) The dispersed and alert Minuteman III intercontinental
        ballistic missile system provides the most responsive,
        stabilizing, and cost-effective strategic force.
            (4) Section 139 of the John Warner National Defense
        Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120
        Stat. 2114) requires the Secretary of the Air Force to
        modernize Minuteman III intercontinental ballistic missiles in
        the United States inventory so as to maintain a sufficient
        supply of launch test assets and spares to sustain the deployed
        force of such missiles through 2030.
            (5) The modernization program for the Minuteman III
        intercontinental ballistic missile is nearing completion. Once
        that program is complete, there will be no program to sustain
        the capability of the United States industrial base to
        modernize or replace the intercontinental ballistic missiles
        that constitute the sole land-based strategic deterrent system
        of the United States.
            (6) As an example, motor production for the Minuteman III
        Propulsion Replacement Program (PRP) is currently scheduled to
        end in fiscal year 2009. Once the PRP program ends, the
        capacity of the United States industrial base to respond to
        matters arising from the aging and obsolescence of Minuteman
        III intercontinental ballistic missiles will be extremely
        diminished, decades-worth of critical program knowledge may be
        lost, and the current design of the Minuteman III
        intercontinental ballistic missile is likely to no longer be
        reproducible.

SEC. 3. REPORT ON CAPABILITIES FOR SUSTAINMENT OF THE MINUTEMAN III
              INTERCONTINENTAL BALLISTIC MISSILE.

    (a) Report Required.--Not later than March 1, 2008, the Secretary
of Defense shall submit to the congressional defense committees a
report on the capability of the United States industrial base to
achieve each of the following:
            (1) To maintain, modernize, and sustain the Minuteman III
        intercontinental ballistic missile (ICBM) system until at least
        2030.
            (2) To replace the Minuteman III intercontinental ballistic
        missile with a follow-on land-based strategic deterrent system
        after 2030.
    (b) Elements.--The report required by paragraph (1) shall include
the following:
            (1) A description of any current plans for extending the
        Minuteman III intercontinental ballistic missile system after
        the period from 2020 to 2030, including plans for testing
        sufficient to account for any aging and obsolescence found in
        the Minuteman III intercontinental ballistic missile during the
        remaining life of the system, and an assessment of the risks
        associated with such plans after the shutdown of associated
        production lines.
            (2) A description of any current plans to maintain the
        Minuteman III intercontinental ballistic missile system after
        2030, including an assessment of any risks associated with such
        plans after the shutdown of associated production lines.
            (3) An explanation why the Minuteman III intercontinental
        ballistic missile system, the only United States land-based
        strategic deterrent system, is no longer considered to be of
        the highest national defense urgency, as indicated by inclusion
        of the system on the so-called ``DX-Rated Program List'' while
        the sea-based strategic deterrent system, the Trident II D5
        missile system, is still on the so-called ``DX-list''.
            (4) An analysis of existing commonalities between the
        service life extension program for the Trident II D5 missile
        system and any equivalent planned service life extension
        program for the Minuteman III intercontinental ballistic
        missile system, including an analysis of the impact on
        materials, the supplier base, production facilities, and the
        production workforce of extending all or part of the service
        life extension program for the Trident II D5 missile system to
        a service life extension program for the Minuteman III
        intercontinental ballistic missile system.
            (5) An assessment of the adequacy of current and
        anticipated programs, such as missile defense, space launch,
        and prompt global strike programs, to support the industrial
        base for the Minuteman III intercontinental ballistic missile
        system, including an analysis of the impact on materials, the
        supplier base, production facilities, and the production
        workforce of extending all or part of any such program to the
        program for the Minuteman III intercontinental ballistic
        missile system.
    (c) Comptroller General Review.--Not later than 60 days after
submittal under subsection (a) of the report required by that
subsection, the Comptroller General of the United States shall submit
to the congressional defense committees a report setting forth the
Comptroller General's assessment of the matters contained in the report
under subsection (a), including an assessment of the consistency of the
budget of the President for fiscal year 2009, as submitted to Congress
pursuant to section 1105 of title 31, United States Code, with the
matters contained in the report under subsection (a).
    (d) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' means--
            (1) the Committee on Armed Services and the Committee on
        Appropriations of the Senate; and
            (2) the Committee on Armed Services and the Committee on
        Appropriations of the House of Representatives.

Output: Strategic Deterrent Sustainment Act of 2007 - Directs the Secretary of Defense to report to the congressional defense committees respecting the capability of the U.S. industrial base to: (1) maintain, modernize, and sustain the Minuteman III intercontinental ballistic missile (ICBM) system until at least 2030; and (2) replace the Minuteman III intercontinental ballistic missile with a follow-on land-based strategic deterrent system after 2030.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``9/11 Commission Civil Liberties
Board Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) On July 22, 2004 the National Commission on Terrorist
        Attacks Upon the United States (also known as the 9/11
        Commission) issued a report that included 41 specific
        recommendations to help prevent future terrorist attacks,
        including details of a global strategy and government
        reorganization necessary to implement that strategy.
            (2) One of the recommendations focused on the protections
        of civil liberties. Specifically the following recommendation
        was made: ``At this time of increased and consolidated
        government authority, there should be a board within the
        executive branch to oversee adherence to the guidelines we
        recommend and the commitment the government makes to defend our
        civil liberties.''.
            (3) The report also states that ``the choice between
        security and liberty is a false choice, as nothing is more
        likely to endanger America's liberties than the success of a
        terrorist attack at home. Our History has shown that the
        insecurity threatens liberty at home. Yet if our liberties are
        curtailed, we lose the values that we are struggling to
        defend.''.
            (4) On December 17, 2004, Public Law 108-458, the National
        Intelligence Reform Act, was signed into law. This law created
        a civil liberties board that does not have the authority
        necessary to protect civil liberties.
            (5) The establishment and adequate funding of a Privacy and
        Civil Liberties Oversight Board was a crucial recommendation
        made by the 9/11 Commission.
            (6) In its Final Report on 9/11 Commission Recommendations,
        the Commission noted ``very little urgency'' and
        ``insufficient'' funding as it relates to the establishment of
        the Privacy and Civil Liberties Oversight Board.
            (7) While the President's budget submission for fiscal year
        2006 included $750,000 for the Privacy and Civil Liberties
        Oversight Board, the President's budget submission for fiscal
        year 2007 does not contain a funding line for the Board.

SEC. 3. MAKING THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
              INDEPENDENT.

    Section 1061(b) of the Intelligence Reform and Terrorism Prevention
Act of 2004 is amended by striking ``within the Executive Office of the
President'' and inserting ``as an independent agency within the
Executive branch''.

SEC. 4. REQUIRING ALL MEMBERS OF THE PRIVACY AND CIVIL LIBERTIES
              OVERSIGHT BOARD BE CONFIRMED BY THE SENATE.

    Subsection (e) of section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 is amended to read as follows:
    ``(e) Membership.--
            ``(1) Members.--The Board shall be composed of a full-time
        chairman and 4 additional members, who shall be appointed by
        the President, by and with the advice and consent of the
        Senate.
            ``(2) Qualifications.--Members of the Board shall be
        selected solely on the basis of their professional
        qualifications, achievements, public stature, expertise in
        civil liberties and privacy, and relevant experience, and
        without regard to political affiliation, but in no event shall
        more than 3 members of the Board be members of the same
        political party. The President shall, before appointing an
        individual who is not a member of the same political party as
        the President consult with the leadership of that party, if
        any, in the Senate and House of Representatives.
            ``(3) Incompatible office.--An individual appointed to the
        Board may not, while serving on the Board, be an elected
        official, officer, or employee of the Federal Government, other
        than in the capacity as a member of the Board.
            ``(4) Term.--Each member of the Board shall serve a term of
        six years, except that--
                    ``(A) a member appointed to a term of office after
                the commencement of such term may serve under such
                appointment only for the remainder of such term;
                    ``(B) upon the expiration of the term of office of
                a member, the member shall continue to serve until the
                member's successor has been appointed and qualified,
                except that no member may serve under this
                subparagraph--
                            ``(i) for more than 60 days when Congress
                        is in session unless a nomination to fill the
                        vacancy shall have been submitted to the
                        Senate; or
                            ``(ii) after the adjournment sine die of
                        the session of the Senate in which such
                        nomination is submitted; and
                    ``(C) the members initially appointed under this
                subsection shall serve terms of two, three, four, five,
                and six years, respectively, from the effective date of
                this Act, with the term of each such member to be
                designated by the President.
            ``(5) Quorum and meetings.--The Board shall meet upon the
        call of the chairman or a majority of its members. Three
        members of the Board shall constitute a quorum.''.

SEC. 5. SUBPOENA POWER FOR THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT
              BOARD.

    Section 1061(d) of the Intelligence Reform and Terrorism Prevention
Act of 2004 is amended--
            (1) so that subparagraph (D) of paragraph (1) reads as
        follows:
                    ``(D) require, by subpoena issued at the direction
                of a majority of the members of the Board, persons
                (other than departments, agencies, and elements of the
                executive branch) to produce any relevant information,
                documents, reports, answers, records, accounts, papers,
                and other documentary or testimonial evidence.''; and
            (2) so that paragraph (2) reads as follows:
            ``(2) Enforcement of subpoena.--In the case of contumacy or
        failure to obey a subpoena issued under paragraph (1)(D), the
        United States district court for the judicial district in which
        the subpoenaed person resides, is served, or may be found may
        issue an order requiring such person to produce the evidence
        required by such subpoena.''.

SEC. 6. REPORTING REQUIREMENTS.

    (a) Duties of Board.--Paragraph (4) of section 1061(c) of the
Intelligence Reform and Terrorism Prevention Act of 2004 is amended to
read as follows:
            ``(4) Reports.--
                    ``(A) Receipt, review, and submission.--
                            ``(i) In general.--The Board shall--
                                    ``(I) receive and review reports
                                from privacy officers and civil
                                liberties officers described in section
                                212; and
                                    ``(II) periodically submit, not
                                less than semiannually, reports to the
                                appropriate committees of Congress,
                                including the Committees on the
                                Judiciary of the Senate and the House
                                of Representatives, the Committee on
                                Homeland Security and Governmental
                                Affairs of the Senate, the Committee on
                                Government Reform of the House of
                                Representatives, the Select Committee
                                on Intelligence of the Senate, and the
                                Permanent Select Committee on
                                Intelligence of the House of
                                Representatives, and to the President.
                        Such reports shall be in unclassified form to
                        the greatest extent possible, with a classified
                        annex where necessary.
                            ``(ii) Contents.--Not less than 2 reports
                        the Board submits each year under clause
                        (i)(II) shall include--
                                    ``(I) a description of the major
                                activities of the Board during the
                                preceding period;
                                    ``(II) information on the findings,
                                conclusions, and recommendations of the
                                Board resulting from its advice and
                                oversight functions under subsection
                                (c);
                                    ``(III) the minority views on any
                                findings, conclusions, and
                                recommendations of the Board resulting
                                from its advice and oversight functions
                                under subsection (c); and
                                    ``(IV) each proposal reviewed by
                                the Board under subsection (c)(1) that
                                the Board advised against implementing,
                                but that notwithstanding such advice,
                                was implemented.
                    ``(B) Informing the public.--The Board shall--
                            ``(i) make its reports, including its
                        reports to Congress, available to the public to
                        the greatest extent that is consistent with the
                        protection of classified information and
                        applicable law; and
                            ``(ii) hold public hearings and otherwise
                        inform the public of its activities, as
                        appropriate and in a manner consistent with the
                        protection of classified information and
                        applicable law.''.
    (b) Privacy and Civil Liberties Officers.--Section 1062 of the
Intelligence Reform and Terrorism Prevention Act of 2004 is amended to
read as follows:

``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    ``(a) Designation and Functions.--The Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary of the
Treasury, the Secretary of Health and Human Services, the Secretary of
Homeland Security, the National Intelligence Director, the Director of
the Central Intelligence Agency, any other entity within the
intelligence community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)), and the head of any other
department, agency, or element of the executive branch designated by
the Privacy and Civil Liberties Oversight Board to be appropriate for
coverage under this section shall designate not less than 1 senior
officer to--
            ``(1) assist the head of such department, agency, or
        element and other officials of such department, agency, or
        element in appropriately considering privacy and civil
        liberties concerns when such officials are proposing,
        developing, or implementing laws, regulations, policies,
        procedures, or guidelines related to efforts to protect the
        Nation against terrorism;
            ``(2) periodically investigate and review department,
        agency, or element actions, policies, procedures, guidelines,
        and related laws and their implementation to ensure that such
        department, agency, or element is adequately considering
        privacy and civil liberties in its actions;
            ``(3) ensure that such department, agency, or element has
        adequate procedures to receive, investigate, respond to, and
        redress complaints from individuals who allege such department,
        agency, or element has violated their privacy or civil
        liberties; and
            ``(4) in providing advice on proposals to retain or enhance
        a particular governmental power the officer shall consider
        whether such department, agency, or element has established--
                    ``(A) that the power actually enhances security and
                the need for the power is balanced with the need to
                protect privacy and civil liberties;
                    ``(B) that there is adequate supervision of the use
                by such department, agency, or element of the power to
                ensure protection of privacy and civil liberties; and
                    ``(C) that there are adequate guidelines and
                oversight to properly confine its use.
    ``(b) Exception to Designation Authority.--
            ``(1) Privacy officers.--In any department, agency, or
        element referred to in subsection (a) or designated by the
        Board, which has a statutorily created privacy officer, such
        officer shall perform the functions specified in subsection (a)
        with respect to privacy.
            ``(2) Civil liberties officers.--In any department, agency,
        or element referred to in subsection (a) or designated by the
        Board, which has a statutorily created civil liberties officer,
        such officer shall perform the functions specified in
        subsection (a) with respect to civil liberties.
    ``(c) Supervision and Coordination.--Each privacy officer or civil
liberties officer described in subsection (a) or (b) shall--
            ``(1) report directly to the head of the department,
        agency, or element concerned; and
            ``(2) coordinate their activities with the Inspector
        General of such department, agency, or element to avoid
        duplication of effort.
    ``(d) Agency Cooperation.--The head of each department, agency, or
element shall ensure that each privacy officer and civil liberties
officer--
            ``(1) has the information, material, and resources
        necessary to fulfill the functions of such officer;
            ``(2) is advised of proposed policy changes;
            ``(3) is consulted by decisionmakers; and
            ``(4) is given access to material and personnel the officer
        determines to be necessary to carry out the functions of such
        officer.
    ``(e) Reprisal for Making Complaint.--No action constituting a
reprisal, or threat of reprisal, for making a complaint or for
disclosing information to a privacy officer or civil liberties officer
described in subsection (a) or (b), or to the Privacy and Civil
Liberties Oversight Board, that indicates a possible violation of
privacy protections or civil liberties in the administration of the
programs and operations of the Federal Government relating to efforts
to protect the Nation from terrorism shall be taken by any Federal
employee in a position to take such action, unless the complaint was
made or the information was disclosed with the knowledge that it was
false or with willful disregard for its truth or falsity.
    ``(f) Periodic Reports.--
            ``(1) In general.--The privacy officers and civil liberties
        officers of each department, agency, or element referred to or
        described in subsection (a) or (b) shall periodically, but not
        less than quarterly, submit a report on the activities of such
        officers--
                    ``(A)(i) to the appropriate committees of Congress,
                including the Committees on the Judiciary of the Senate
                and the House of Representatives, the Committee on
                Homeland Security and Governmental Affairs of the
                Senate, the Committee on Government Reform of the House
                of Representatives, the Select Committee on
                Intelligence of the Senate, and the Permanent Select
                Committee on Intelligence of the House of
                Representatives;
                    ``(ii) to the head of such department, agency, or
                element; and
                    ``(iii) to the Privacy and Civil Liberties
                Oversight Board; and
                    ``(B) which shall be in unclassified form to the
                greatest extent possible, with a classified annex where
                necessary.
            ``(2) Contents.--Each report submitted under paragraph (1)
        shall include information on the discharge of each of the
        functions of the officer concerned, including--
                    ``(A) information on the number and types of
                reviews undertaken;
                    ``(B) the type of advice provided and the response
                given to such advice;
                    ``(C) the number and nature of the complaints
                received by the department, agency, or element
                concerned for alleged violations; and
                    ``(D) a summary of the disposition of such
                complaints, the reviews and inquiries conducted, and
                the impact of the activities of such officer.
    ``(g) Informing the Public.--Each privacy officer and civil
liberties officer shall--
            ``(1) make the reports of such officer, including reports
        to Congress, available to the public to the greatest extent
        that is consistent with the protection of classified
        information and applicable law; and
            ``(2) otherwise inform the public of the activities of such
        officer, as appropriate and in a manner consistent with the
        protection of classified information and applicable law.
    ``(h) Savings Clause.--Nothing in this section shall be construed
to limit or otherwise supplant any other authorities or
responsibilities provided by law to privacy officers or civil liberties
officers.
    ``(i) Protections for Human Research Subjects.--The Secretary of
Homeland Security shall ensure that the Department of Homeland Security
complies with the protections for human research subjects, as described
in part 46 of title 45, Code of Federal Regulations, or in equivalent
regulations as promulgated by such Secretary, with respect to research
that is conducted or supported by such Department.''.

SEC. 7. INCLUSION IN PRESIDENT'S BUDGET SUBMISSION TO CONGRESS.

    Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
            ``(36) a separate statement of the amount of appropriations
        requested for the Privacy and Civil Liberties Oversight
        Board.''.

Output:
9/11 Commission Civil Liberties Board Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to make the Privacy and Civil Liberties Oversight Board (Board) an independent agency within the Executive branch. (Currently, such Board is established within the Executive Office of the President.) Requires the Board to be composed of a full-time chairman and four additional members, all to be confirmed by the Senate. Prohibits Board members, while so serving, from being an elected official, officer, or employee of the Federal Government. Provides six-year terms. Gives the Board subpoena power.

Requires the Board to: (1) receive and review reports from privacy and civil liberties officers; and (2) report at least semiannually to specified congressional committees on Board activities and other appropriate matters.

Directs the heads of specified Federal agencies to designate at least one senior officer for appropriate assistance with respect to privacy and civil liberties concerns as they relate to terrorism prevention.

Directs the Secretary of Homeland Security to ensure that the Department of Homeland Security complies with the protections for human research subjects in research conducted or supported by such Department.

Requires within the President's annual budget submission to Congress a separate statement of the amount of appropriations requested for the Board.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marginal Well Production
Preservation and Enhancement Act''.

SEC. 2. TAX TREATMENT FOR PROLONGED MARGINAL PRODUCTION.

    (a) Increase in Percentage Depletion for Oil and Natural Gas
Produced From Marginal Properties.--
            (1) In general.--Paragraph (6) of section 613A(c) of the
        Internal Revenue Code of 1986 (relating to oil and natural gas
        produced from marginal properties) is amended to read as
        follows:
            ``(6) Oil and natural gas produced from marginal
        properties.--
                    ``(A) In general.--Except as provided in subsection
                (d)--
                            ``(i) the allowance for depletion under
                        section 611 shall be computed in accordance
                        with section 613 with respect to the taxpayer's
                        marginal production of domestic crude oil and
                        domestic natural gas, and
                            ``(ii) 27.5 percent shall be deemed to be
                        specified in subsection (b) of section 613 for
                        purposes of subsection (a) of that section.
                    ``(B) Coordination with other production of
                domestic oil and natural gas.--For purposes of this
                subsection--
                            ``(i) no allowance for depletion shall be
                        allowed by reason of paragraph (1) with respect
                        to the taxpayer's marginal production of
                        domestic crude oil and domestic natural gas,
                        and
                            ``(ii) such production shall not be taken
                        into account--
                                    ``(I) in determining under
                                paragraph (1) how much of the
                                taxpayer's depletable oil quantity or
                                depletable natural gas quantity has
                                been used, or
                                    ``(II) for purposes of applying
                                subparagraph (A), (B), or (C) of
                                paragraph (7).
                    ``(C) Marginal production.--The term `marginal
                production' means domestic crude oil or domestic
                natural gas which is produced during any taxable year
                from a property which--
                            ``(i) is a stripper well property for the
                        calendar year in which the taxable year begins,
                        or
                            ``(ii) is a property substantially all of
                        the production of which during such calendar
                        year is heavy oil.
                    ``(D) Stripper well property.--For purposes of this
                paragraph, the term `stripper well property' means,
                with respect to any calendar year, any property with
                respect to which the amount determined by dividing--
                            ``(i) the average daily production of
                        domestic crude oil and domestic natural gas
                        from producing wells on such property for such
                        calendar year, by
                            ``(ii) the number of such wells,
                is 15 barrel equivalents or less.
                    ``(E) Heavy oil.--For purposes of this paragraph,
                the term `heavy oil' means domestic crude oil produced
                from any property if such crude oil had a weighted
                average gravity of 20 degrees API or less (corrected to
                60 degrees Fahrenheit).
                    ``(F) Nonapplication of taxable income limit with
                respect to marginal production.--The second sentence of
                subsection (a) of section 613 shall not apply to so
                much of the allowance for depletion as is determined
                under subparagraph (A).''.
            (2) Conforming amendments.--
                    (A) Section 613A(c)(3) of the Internal Revenue Code
                of 1986 (defining depletable oil quantity) is amended
                to read as follows:
            ``(3) Depletable oil quantity.--For purposes of paragraph
        (1), the taxpayer's depletable oil quantity shall be 1,000
        barrels.''.
                    (B) Subparagraphs (A) and (B) of section 613A(c)(7)
                of such Code are each amended by striking ``or (6), as
                the case may be''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to taxable years beginning after December 31, 2008.
    (b) 1-Year Extension of Suspension of Taxable Income Limit.--
Section 613A(c)(6)(H)(ii) of the Internal Revenue Code of 1986
(relating to temporary suspension of taxable income limit with respect
to marginal production) is amended by striking ``2010'' and inserting
``2011''.

SEC. 3. OIL AND GAS WELLS AND PIPELINE FACILITIES TECHNICAL AMENDMENT.

    Section 112(n)(4)(A) of the Clean Air Act (42 U.S.C. 7412(n)(4)(A))
is amended by striking ``this section'' and inserting ``this Act''.

SEC. 4. NATIONAL RESPONSE SYSTEM.

    Section 311(j) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)) is amended by striking paragraph (1) and inserting the
following:
            ``(1) System.--
                    ``(A) Definition of wastewater treatment
                facility.--In this paragraph, the term `wastewater
                treatment facility' includes produced water from an oil
                production facility.
                    ``(B) Regulations.--Consistent with the National
                Contingency Plan required under subsection (d), as soon
                as practicable after the effective date of this
                section, and from time to time thereafter, the
                President shall promulgate regulations consistent with
                maritime safety and marine and navigation laws--
                            ``(i) establishing methods and procedures
                        for removal of discharged oil and hazardous
                        substances;
                            ``(ii) establishing criteria for the
                        development and implementation of local and
                        regional oil and hazardous substance removal
                        contingency plans;
                            ``(iii) establishing procedures, methods,
                        and requirements and other requirements for
                        equipment to prevent discharges of oil and
                        hazardous substances from vessels and from
                        onshore facilities and offshore facilities
                        (other than wastewater treatment facilities),
                        and to contain those discharges; and
                            ``(iv) governing the inspection of vessels
                        carrying cargoes of oil and hazardous
                        substances and the inspection of those cargoes
                        in order to reduce the likelihood of discharges
                        of oil from vessels in violation of this
                        section.
                    ``(C) Small facilities.--In carrying out clause
                (iii) of subparagraph (B), not later than 1 year after
                the date of enactment of that clause, the Administrator
                shall establish procedures, methods, and equipment
                requirements and other requirements for, and consider
                the cost-effectiveness of those requirements on, small
                facilities (including agricultural and oil production
                facilities) to prevent discharges from facilities and
                offshore facilities, and to contain those discharges,
                by developing regulations based on storage volume and
                capacity that, with respect to those small facilities--
                            ``(i) apply to any facility the total oil
                        storage capacity of which is at least 1,320
                        gallons but less than 50,000 gallons, and at
                        which no single tank exceeds a nominal capacity
                        of 21,000 gallons; and
                            ``(ii) establish minimal requirements and
                        plans by eliminating engineer certification,
                        flow lines, loading and unloading areas,
                        integrity testing, and other requirements, as
                        determined by the Administrator, that do not
                        take into consideration and meet cost-
                        effectiveness standards.''.

SEC. 5. RECOVERY PERIOD FOR DEPRECIATION OF PROPERTY USED TO INJECT
              QUALIFIED TERTIARY INJECTANTS.

    (a) In General.--Section 168(e)(3)(A) of the Internal Revenue Code
of 1986 (defining 3-year property) is amended by striking ``and'' at
the end of clause (ii), by striking the period at the end of clause
(iii) and inserting ``, and'', and by adding at the end the following
new clause:
                            ``(iv) any qualified tertiary injectant
                        property.''.
    (b) Qualified Tertiary Injectant Property.--Section 168(e) of the
Internal Revenue Code of 1986 (relating to classification of property)
is amended by adding at the end the following new paragraph:
            ``(9) Qualified tertiary injectant property.--The term
        `qualified tertiary injectant property' means--
                    ``(A) any property--
                            ``(i) the principal use of which is to
                        inject any tertiary injectant as a part of a
                        tertiary recovery method (as defined in section
                        193(b)(3)), or
                            ``(ii) which is a pipeline used to carry
                        any tertiary injectant in connection with such
                        tertiary recovery method, and
                    ``(B) which has a class life of more than 4
                years.''.
    (c) Alternative System.--The table contained in section
168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by
inserting after the item relating to subparagraph (A)(iii) the
following new item:

        ``(A)(iv)..............................................    7''.
    (d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act, in taxable years ending after such date.

Output:
Marginal Well Production Preservation and Enhancement Act - Amends the Internal Revenue Code to: (1) increase to 27.5% the percentage depletion allowance for domestic crude oil and natural gas production from marginal properties; (2) extend through 2010 the temporary suspension of the taxable income limit with respect to marginal production of crude oil and natural gas; and (3) accelerate to three years the recovery period of qualified tertiary injectant property for depreciation purposes.

Amends the Clean Air Act with respect to emissions from small oil and gas exploration and production-related equipment.

Amends the Federal Water Pollution Control Act to: (1) amend the definition of "wastewater treatment facility" to include produced water from an oil production facility; and (2) require the Administrator of the Environmental Protection Agency (EPA) to establish cost-effective minimal requirements for the prevention of oil and hazardous substance discharges for small facilities with oil storage capacities of less than 50,000 gallons at which no single tank exceeds a nominal capacity of 21,000 gallons.