SECTION 1. SHORT TITLE. This Act may be cited as the ``Detention of Enemy Combatants Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The al Qaeda terrorist organization and its leaders have committed unlawful attacks against the United States, including the August 7, 1998, bombings of the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, the October 12, 2000, attack on the U.S.S. COLE (DDG-67), and the September 11, 2001, attacks on the United States. (2) The al Qaeda terrorist organization and its leaders have threatened renewed attacks on the United States and have threatened the use of weapons of mass destruction. (3) The United Nations Security Council, in Resolutions 1368 and 1373, declared in September 2001 that the September 11 attacks against the United States constitute a threat to international peace and security. (4) The United States is justified in exercising its right of self-defense pursuant to international law and the United Nations Charter. (5) Congress authorized the President on September 18, 2001, to use all necessary and appropriate force against those nations, organizations, or persons that he determines to have planned, authorized, committed, or aided the September 11 terrorist attacks or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States, within the meaning of section 5(b) of the War Powers Resolution. (6) The United States and its allies are engaged in armed conflict with al Qaeda. (7) Al Qaeda and its terrorist allies have a presence in more than 60 nations around the world, including the United States. United States citizens and residents have been detained as enemy combatants in the struggle against al Qaeda. (8) The term ``enemy combatant'' has historically referred to all of the citizens of a state with which the Nation is at war, and who are members of the armed force of that enemy state. Enemy combatants in the present conflict, however, come from many nations, wear no uniforms, and use unconventional weapons. Enemy combatants in the war on terrorism are not defined by simple, readily apparent criteria, such as citizenship or military uniform. And the power to name a citizen as an ``enemy combatant'' is therefore extraordinarily broad. (9) There is precedent for detaining American citizens as enemy combatants. In Ex Parte Quirin, 317 U.S. 1 (1942), 2 of the 8 German soldiers who planned acts of sabotage within the United States claimed American citizenship. Detention of enemy combatants who are United States citizens is appropriate to protect the safety of the public and those involved in the investigation and prosecution of terrorism, to facilitate the use of classified information as evidence without compromising intelligence or military efforts, to gather unimpeded vital information from the detainee, and otherwise to protect national security interests. (10) The Executive must be allowed broad latitude to establish by regulation and Executive order the process, standards, and conditions in which a United States citizen or lawful resident may be detained as an enemy combatant. Courts must give broad deference to military judgment concerning the determination of enemy combatant status, POW status, and related questions. (11) Section 4001(a) of title 18, United States Code, provides that ``no citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress''. Section 4001 was designed to repeal the Emergency Detention Act of 1950, and ensure that there was a statutory basis for any detention. As Chief Justice Burger wrote in Howe v. Smith, 452 U.S. 473 (1981), ``the plain language of section 4001(a) proscribes detention of any kind by the United States, absent a congressional grant of authority to detain''. (12) By this Act, the Congress authorizes the President to detain enemy combatants who are United States persons or residents who are members of al Qaeda, or knowingly cooperated with members of al Qaeda in the planning, authorizing, committing, aiding, or abetting of one or more terrorist acts against the United States. (13) During wartime, a nation must take extraordinary steps to protect itself, including measures that would never be acceptable during peacetime. Nonetheless, ``the Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances.'' Ex Parte Milligan. (14) Nothing in this Act permits the Government, even in wartime, to detain American citizens or other persons lawfully in the United States as enemy combatants indefinitely without charges and hold them incommunicado without a hearing and without access to counsel on the basis of a unilateral determination that the person may be connected with an organization that intends harm to the United States. The Supreme Court has held that a citizen held in the United States as an enemy combatant must be given a meaningful opportunity to challenge the factual basis for that detention before a neutral decisionmaker. Hamdi v. Rumsfeld, 542 U.S. 1 (2004). The Supreme Court has held that even enemy aliens within the United States are entitled to habeas review of their conviction. Ex Parte Quirin, 317 U.S. 1 (1942); Johnson v. Eisentrager, 339 U.S. 763 (1950). (15) The validity of the detention of citizens as enemy combatants may be challenged by a writ of habeas corpus. As the right of habeas corpus may be effectively nullified by denial of the assistance of counsel, a citizen detained as an enemy combatant may not be indefinitely denied access to counsel. (16) The Congress has a responsibility for maintaining vigorous oversight of detention of United States citizens and lawful residents to assure that such detentions are consistent with due process. SEC. 3. DETENTION OF ENEMY COMBATANTS. (a) Authority.--A United States person or resident may be detained as an enemy combatant in accordance with this Act if the United States person or resident is a member of al Qaeda, or knowingly cooperated with a member of al Qaeda in the planning, authorizing, committing, aiding, or abetting of one or more terrorist acts against the United States. Nothing in this Act shall apply to a United States person or resident who is a prisoner of war within the meaning of the Geneva Convention Relative to the Treatment of Prisoners of War, signed at Geneva on August 12, 1949 (6 UST 3316). (b) Authority to Establish Procedural Rules.--The Secretary of Defense, in consultation with the Secretary of State and the Attorney General, shall prescribe and publish in the Federal Register, and report to the Committees on the Judiciary of the Senate and the House of Representatives, the standards, process, and criteria to be used for the determination that an American citizen or lawful resident is an enemy combatant under subsection (a) and for the detention of such an enemy combatant. SEC. 4. PROCEDURAL REQUIREMENTS. The rules prescribed for the detention of enemy combatants shall establish clear standards and procedures governing detention of a United States person or resident that preserve the Government's ability to detain those who may threaten the United States, assist in the gathering of vital intelligence, and protect the confidentiality of that information or any other information which, if released, could impede the Government's investigation of terrorism. Such rules shall also guarantee timely access to judicial review to challenge the basis for a detention, and permit the detainee access to counsel. SEC. 5. DETENTION. (a) Duration of Detention.-- (1) Limitation.--A United States person or resident may be detained under subsection (a) of section 3 only while there is in effect for the purposes of this section a certification by the President that-- (A) the United States Armed Forces are engaged in a state of armed conflict with al Qaeda and an investigation with a view toward prosecution, a prosecution, or a post-trial proceeding in the case of such person or resident is ongoing; or (B) detention is warranted in order to prevent such person or resident from aiding persons attempting to commit terrorist acts against the United States. (2) Certification and recertification.--A certification referred to in paragraph (1) shall be effective for 180 days. The President may make successive certifications under that paragraph. (b) Detention Review.--The United States District Court for the District of Columbia shall have exclusive jurisdiction to review any detention under this Act to ensure that the requirements of this Act for detaining an accused are satisfied. (c) Conditions of Detention.--A person detained under this Act shall be-- (1) detained at an appropriate location designated by the Secretary of Defense; (2) treated humanely, without any adverse distinction based on race, color, religion, gender, birth, wealth, or any similar criteria; (3) afforded adequate food, drinking water, shelter, clothing, and medical treatment; (4) sheltered under hygienic conditions and provided necessary means of personal hygiene; and (5) allowed the free exercise of religion consistent with the requirements of such detention. SEC. 6. REPORTS TO CONGRESS. Not less often than once every 12 months, the President shall submit to the Congress a report on the use of the authority provided by this Act. Each such report shall specify each individual subject to, or detained pursuant to, the authority provided by this Act. SEC. 7. UNITED STATES PERSON OR RESIDENT DEFINED. In this Act, the term ``United States person or resident'' means-- (1) a United States person, as such term is defined in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)); or (2) an alien lawfully admitted to the United States for permanent residence. SEC. 8. TERMINATION OF AUTHORITY. The authority under this Act may not be exercised after December 31, 2007.

Summary: Detention of Enemy Combatants Act - Authorizes the detention of a U.S. person or resident (excluding a prisoner of war) as an enemy combatant if that individual is an al Qaeda member or knowingly cooperated with an al Qaeda member in planning, authorizing, committing, aiding, or abetting a terrorist act against the United States. Directs the Secretary of Defense to prescribe, publish, and report the standards, process, and criteria: (1) to be used in determining that an American citizen or lawful resident is an enemy combatant; and (2) for that individual's detention. Requires rules for the detention of enemy combatants to: (1) establish clear standards and procedures that meet specified requirements, including preserving the Government's ability to detain those who may threaten the United States; and (2) guarantee timely access to judicial review and permit the detainee access to counsel.Authorizes a U.S. person to be detained as an enemy combatant only while there is in effect a presidential certification that: (1) the U.S. armed forces are in a state of armed conflict with al Qaeda and an investigation, prosecution, or post-trial proceeding regarding such person is ongoing; or (2) detention is warranted to prevent such individual from aiding persons attempting to commit terrorist acts against the United States.Grants the U.S. District Court for the District of Columbia exclusive jurisdiction to review any detention under this Act.Requires that detainees be: (1) detained at an appropriate location; (2) treated humanely; (3) afforded adequate food, water, shelter, clothing, and medical treatment; (4) sheltered under hygienic conditions; and (5) allowed the free exercise of religion consistent with specified requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Marijuana Businesses Access to Banking Act of 2015''. SEC. 2. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS. A Federal banking regulator may not-- (1) terminate or limit the deposit insurance or share insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 U.S.C. 1751 et seq.) solely because the depository institution provides or has provided financial services to a marijuana-related legitimate business; (2) prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a marijuana-related legitimate business; (3) recommend, incentivize, or encourage a depository institution not to offer financial services to an individual, or to downgrade or cancel the financial services offered to an individual solely because-- (A) the individual is a manufacturer or producer, or is the owner or operator of a marijuana-related legitimate business; (B) the individual later becomes an owner or operator of a marijuana-related legitimate business; or (C) the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business; and (4) take any adverse or corrective supervisory action on a loan made to an owner or operator of-- (A) a marijuana-related legitimate business, solely because the owner or operator owns or operates a marijuana-related legitimate business; or (B) real estate or equipment that is leased to a marijuana-related legitimate business, solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a marijuana-related legitimate business. SEC. 3. PROTECTIONS UNDER FEDERAL LAW. (a) In General.--In a State or political subdivision of a State that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to a law or regulation of such State or political subdivision, a depository institution that provides financial services to a marijuana-related legitimate business, and the officers, directors, and employees of that depository institution may not be held liable pursuant to any Federal law or regulation-- (1) solely for providing such financial services pursuant to the law or regulation of such State or political subdivision; or (2) for further investing any income derived from such financial services. (b) Forfeiture.--A depository institution that has a legal interest in the collateral for a loan made to an owner or operator of a marijuana-related legitimate business, or to an owner or operator of real estate or equipment that is leased to a marijuana-related legitimate business, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall require a depository institution to provide financial services to a marijuana-related legitimate business. SEC. 5. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS. Section 5318(g) of title 31, United States Code, is amended by adding at the end the following: ``(5) Requirements for marijuana-related businesses.-- ``(A) In general.--If a financial institution or any director, officer, employee, or agent of a financial institution reports a suspicious transaction pursuant to this subsection, and the reason for the report relates to a marijuana-related business, the Secretary shall require that such report complies with the requirements of the guidance issued by the Financial Crimes Enforcement Network titled `BSA Expectations Regarding Marijuana-Related Businesses' (FIN-2014-G001; published on February 14, 2014). The Secretary may issue additional regulations or guidance as necessary to ensure that reports of suspicious transactions do not inhibit the provision of financial services to marijuana-related legitimate businesses in a State or political subdivision of a State that has allowed the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana pursuant to law or regulation of such State or political subdivision. ``(B) Definition.--In this paragraph, the term `marijuana-related legitimate business' has the meaning given such term in the Marijuana Businesses Access to Banking Act of 2015.''. SEC. 6. DEFINITIONS. In this Act: (1) Depository institution.--The term ``depository institution'' means-- (A) a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (B) a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or (C) a State credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (2) Federal banking regulator.--The term ``Federal banking regulator'' means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, or any Federal agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury. (3) Financial service.--The term ``financial service'' means a financial product or service as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481). (4) Manufacturer.--The term ``manufacturer'' means a person who manufactures, compounds, converts, processes, prepares, or packages marijuana or marijuana products. (5) Marijuana-related legitimate business.--The term ``marijuana-related legitimate business'' means a manufacturer, producer, or any person that-- (A) participates in any business or organized activity that involves handling marijuana or marijuana products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing marijuana or marijuana products; and (B) engages in such activity pursuant to a law or regulation of by a State or a political subdivision of a State. (6) Marijuana.--The term ``marijuana'' has the meaning given the term ``marihuana'' in section 102 of the Controlled Substances Act (21 U.S.C. 802). (7) Marijuana product.--The term ``marijuana product'' means any article which contains marijuana, including an article which is a concentrate, an edible, a tincture, a marijuana-infused product, or a topical. (8) Producer.--The term ``producer'' means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of marijuana. (9) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States.

Summary: Marijuana Businesses Access to Banking Act of 2015 This bill provides a safe harbor for depository institutions providing financial services to a marijuana-related legitimate business insofar as it prohibits a federal banking regulator from: (1) terminating or limiting the deposit or share insurance of a depository institution solely because it provides financial services to a marijuana-related legitimate business; or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from offering such services. A federal banking regulator may neither recommend, motivate, provide incentives, nor encourage a depository institution to refuse to offer financial services to an individual, nor downgrade or cancel financial services offered to an individual, solely because the individual: (1) is a manufacturer, producer, owner or operator of a marijuana-related legitimate business; or (2) the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business. A federal banking regulator may not take any adverse or corrective supervisory action, solely because of the business involved, on a loan made to an owner or operator of: (1) a marijuana-related legitimate business, or (2) real estate or equipment that is leased to a marijuana-related legitimate business. Immunity from federal criminal prosecution or investigation is granted, subject to certain conditions, to a depository institution that provides financial services to a marijuana-related legitimate business in a state or one of its political subdivisions that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of marijuana. Neither the depository institution nor its officers, directors, nor employees may be held liable under federal law or regulation solely for providing such financial services or further investing income derived from those services. The Department of the Treasury must require any suspicious activity report filed by a financial institution regarding a marijuana-based business to comply with specified guidance of the Financial Crimes Enforcement Network.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Border Security and Elimination of Sanctuary for Illegal Aliens Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: SEC. 2. FINDINGS. Congress finds the following: (1) The illegal entry into the United States of dangerous gang members, such as MS-13, is a direct threat to the security of the United States. (2) The continuing rise of illegal immigration increases the chances that a terrorist will gain entry into the United States undetected. (3) The rising cost to United States taxpayers to support housing, health care, education expenses, and criminal justice for illegal aliens has reached between $11,000,000,000 and $22,000,000,000 per year. (4) Any attempt to deal with illegal aliens currently living in the United States must start with the United States securing its borders. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the worsening crisis of illegal immigration must be solved. SEC. 4. BORDER SECURITY. (a) Full-Time Active-Duty Border Patrol Agents.--In order to fulfill the requirement under section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) (relating to an increase in the number of positions for full-time active-duty border patrol agents within the Department of Homeland Security), and subject to the availability of appropriations for such purpose, the Secretary of Homeland Security shall-- (1) increase incentives to recruit individuals to become such agents by offering such individuals repayment of higher education loans, not to exceed $6,000 per year and a maximum of $40,000; and (2) develop incentives to retain experienced border patrol agents through the establishment of a retention program. (b) Deployment of Technology.--In accordance with section 2(a)(1) of the Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 note), the Secretary of Homeland Security is authorized to deploy newly-developed and cutting-edge technologies to secure the international land and maritime borders of the United States. (c) Construction of Border Fence.--The Secretary of Homeland Security shall-- (1) make a priority the construction of the border fencing required under section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note); and (2) not later than June 30, 2008, submit to Congress a report on the progress and expected completion date of such construction. SEC. 5. MANDATED COLLABORATION TO END SANCTUARY OF ILLEGAL ALIENS. If an alien who is unlawfully present in the United States is arrested for any offense by a State or local law enforcement agency, the head of such agency shall immediately notify United States Immigration and Customs Enforcement (ICE) of such arrest and the identity of such alien. SEC. 6. EXPEDITED REMOVAL AND CRIMINAL PENALTIES OF CRIMINAL ALIENS. (a) Action by ICE; Expedited Removal.--Upon notification under section 5, the alien arrested under such section shall be immediately detained by United States Immigration and Customs Enforcement and presented before an immigration judge (as defined in section 101(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(4))), the name and fingerprints of such alien shall be added to an appropriate watch list maintained by the Department of Homeland Security concerning aliens who have been unlawfully present in the United States, and such immigration judge shall order such alien immediately removed from the United States without being released from detention and without further hearing or review in the same manner as an alien described in subparagraph (A)(i) of section 235(b)(1) of such Act (8 U.S.C. 1225(b)(1)) is subject to immediate removal from the United States under the provisions of such section. (b) Permanent Ineligibility for Admission to United States.-- Section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(i)(I)) is amended by striking ``for an aggregate period of more than 1 year'' and inserting ``for any period of time''. (c) Criminal Penalties for Subsequent Unlawful Presence.--An alien who is removed from the United States under subsection (a) and who is subsequently determined to be unlawfully present in the United States shall be imprisoned for not more than five years and fined in accordance with title 18, United States Code, and shall be removed from the United States in accordance with the expedited removal proceedings described in such subsection after the completion of such alien's term of imprisonment.

Summary: Border Security and Elimination of Sanctuary for Illegal Aliens Act of 2007 - Expresses the sense of Congress that the worsening crisis of illegal immigration must be solved. Directs the Secretary of Homeland Security to: (1) increase incentives to recruit Border Patrol agents through repayment of higher education loans; (2) establish a retention program; and (3) make construction of border fencing a priority. Authorizes the Secretary to deploy newly-developed technology along the land and maritime borders. Requires that a state or local law enforcement agency that arrests an alien unlawfully in the United States for any reason shall notify United States Immigration and Customs Enforcement respecting such arrest and provide the identity of the arrested person. Provides for: (1) such person's expedited removal from the United States, and (2) criminal penalties and expedited removal for a subsequent unlawful presence. Makes inadmissible to the United States an alien who has been unlawfully present in the United States and who attempts to illegally enter or reenter the United States. (Under current law, such person must be unlawfully in the United States for an aggregate period exceeding one year.)


SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Scholarship Opportunities Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) A well-trained workforce is essential to meeting the Nation's growing cybersecurity needs. (2) A 2015 report by the National Academy of Public Administration found that the United States faces a severe shortage of properly trained and equipped cybersecurity professionals. (3) A 2015 study of the information security workforce found that the information security workforce shortfall is widening. (4) The National Science Foundation's CyberCorps: Scholarship-for-Service program is a successful effort to support capacity building in institutions of higher education and scholarships for students to pursue cybersecurity careers. SEC. 3. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM. Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is amended-- (1) in subsection (a), by adding at the end the following: ``Scholarship recipients shall include eligible students who are pursuing an associate's degree in a cybersecurity field without the intent of transferring to a bachelor's degree program and either have a bachelor's degree already or are veterans of the Armed Forces.''; (2) in subsection (d), by adding at the end the following: ``In the case of a scholarship recipient who is pursuing a doctoral or master's degree, such agreement may include (if determined on a case-by-case basis by the Director of the National Science Foundation to be appropriate and to further the goals of the scholarship-for-service program) an agreement for the recipient to work at an institution of higher education or for a local educational agency teaching cybersecurity skills for a period equal to the length of the scholarship following receipt of such degree.''; (3) in subsection (f)-- (A) by striking paragraph (3) and inserting the following: ``(3) have demonstrated a high level of competency in relevant knowledge, skills, and abilities, as described in the national cybersecurity awareness and education program under section 401;''; and (B) by striking paragraph (4) and inserting the following: ``(4) be a student in an eligible degree program at a qualified institution of higher education, as determined by the Director of the National Science Foundation, who is-- ``(A) a full-time student; or ``(B) a student who is enrolled for study leading to a degree on a less than full-time basis but not less than half-time basis; and''; (4) by striking subsection (m) and inserting the following: ``(m) Evaluation and Report.-- ``(1) In general.--The Director of the National Science Foundation shall evaluate and make public, in a manner that protects the personally identifiable information of scholarship recipients, information on the success of recruiting individuals for scholarships under this section and on hiring and retaining those individuals in the public sector workforce, including on-- ``(A) placement rates; ``(B) where students are placed; ``(C) student salary ranges for students not released from obligations under this section; ``(D) how long after graduation they are placed; ``(E) how long they stay in the positions they enter upon graduation; ``(F) how many students are released from obligations; ``(G) what (if any) remedial training needs are required; and ``(H) the number of determinations permitting scholarship recipients to fulfill their obligations at an institution of higher education or local educational agency pursuant to subsection (d) or in a critical infrastructure position pursuant to subsection (p)(1), and the reason for each such determination. ``(2) Regular reports.--The Director of the National Science Foundation shall submit to Congress a report containing the information described in paragraph (1) not later than 180 days after the date of enactment of the Cyber Scholarship Opportunities Act of 2017 and not less than once every 2 years thereafter.''; and (5) by adding at the end the following: ``(n) Resources.--The Director of the National Science Foundation shall work with the Director of the Office of Personnel Management to establish an online resource center for the CyberCorps community that consolidates or eliminates other relevant websites, if possible. Such online resource center shall-- ``(1) present up-to-date, accurate information about existing scholarship programs and job opportunities; ``(2) present a modernized view of cybersecurity careers; ``(3) improve user friendliness; and ``(4) allow prospective job applicants to search positions by State, salary, and title. ``(o) Cybersecurity at Kindergarten Through Grade 12 Level.--The Director of the National Science Foundation, in coordination with other Federal agencies as necessary, shall carry out a program to grow and improve cybersecurity education at the kindergarten through grade 12 level that-- ``(1) increases interest in cybersecurity careers; ``(2) helps students practice correct and safe online behavior and understand the foundational principles of cybersecurity; and ``(3) improves teaching methods for delivering cybersecurity content for kindergarten through grade 12 computer science curricula. ``(p) Critical Infrastructure Protection.--Due to the need for skilled cybersecurity professionals to protect the Nation's critical infrastructure, the Director of the National Science Foundation may-- ``(1) grant exceptions to students for fulfilling post- award employment obligations under this section (on a case-by- case basis and in coordination with other Federal agencies) who agree to work in a critical infrastructure mission at a Federal Government corporation or a State, local, or tribal government- affiliated asset, system, or network that is considered to be part of a critical infrastructure sector as described in Presidential Policy Directive-21, issued February 12, 2013 (related to critical infrastructure security and resilience), or any successor; and ``(2) develop a pilot program to enhance critical infrastructure protection training for students pursuing careers in cybersecurity. ``(q) Studies.--The Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management, shall assess-- ``(1) the potential benefits and feasibility of granting scholarship awards under this section to students who do not possess a bachelor's degree to pursue an associate's degree or an industry-recognized credential in a cybersecurity field; and ``(2) how scholarship recipients with an agreement to work at an institution of higher education or local educational agency are supporting the cyber workforce pipeline.''.

Summary: Cyber Scholarship Opportunities Act of 2017 This bill amends the Cybersecurity Enhancement Act of 2014 to require the federal cyber scholarship-for-service program that the National Science Foundation (NSF) coordinates with the Department of Homeland Security to include scholarship recipients who are students pursuing an associate's degree in a cybersecurity field without the intent of transferring to a bachelor's degree program and who either have a bachelor's degree already or are veterans of the Armed Forces. The post-award employment obligations of scholarship recipients pursuing a doctoral or master's degree may include work at an institution of higher education or for a local educational agency teaching cybersecurity skills. Scholarship eligibility factors are revised to include: (1) an individual's skills and abilities under the National Institute of Standards and Technology's national cybersecurity awareness and education program, and (2) students pursuing a degree on a less than full-time but not less than half-time basis. The NSF must work with the Office of Personnel Management to consolidate information about cyber scholarships programs and job opportunities into a single online resource center. The NSF may carry out a program to improve cybersecurity education at the K-12 level. The NSF may: (1) grant exceptions from the post-award employment obligations to students who agree to work in a critical infrastructure mission at a federal government corporation or a state, local, or tribal government-affiliated component of a critical infrastructure sector; or (2) develop a pilot program to enhance critical infrastructure protection training for students pursuing careers in cybersecurity.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Campus Sexual Violence Elimination Act''. SEC. 2. CAMPUS SEXUAL VIOLENCE, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING EDUCATION AND PREVENTION. (a) In General.--Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (C)(iii), by striking the period at the end and inserting ``, when the victim of such crime elects or is unable to make such a report.''; and (B) in subparagraph (F)-- (i) in clause (i)(VIII), by striking ``and'' after the semicolon; (ii) in clause (ii)-- (I) by striking ``sexual orientation'' and inserting ``national origin, sexual orientation, gender identity,''; and (II) by striking the period and inserting ``; and''; and (iii) by adding at the end the following: ``(iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies.''; (2) in paragraph (3), by inserting ``, that withholds the names of victims as confidential,'' after ``that is timely''; (3) in paragraph (6)(A)-- (A) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively; (B) by inserting before clause (ii), as redesignated by subparagraph (A), the following: ``(i) The terms `dating violence', `domestic violence', and `stalking' have the meaning given such terms in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).''; and (C) by inserting after clause (iv), as redesignated by subparagraph (A), the following: ``(v) The term `sexual assault' means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.''; (4) in paragraph (7)-- (A) by striking ``paragraph (1)(F)'' and inserting ``clauses (i) and (ii) of paragraph (1)(F)''; and (B) by inserting after ``Hate Crime Statistics Act.'' the following: ``For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).''; (5) by striking paragraph (8) and inserting the following: ``(8)(A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding-- ``(i) such institution's programs to prevent domestic violence, dating violence, sexual assault, and stalking; and ``(ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report. ``(B) The policy described in subparagraph (A) shall address the following areas: ``(i) Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include-- ``(I) primary prevention and awareness programs for all incoming students and new employees, which shall include-- ``(aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking; ``(bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction; ``(cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction; ``(dd) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual; ``(ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and ``(ff) the information described in clauses (ii) through (vii); and ``(II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I). ``(ii) Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking. ``(iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about-- ``(I) the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order; ``(II) to whom the alleged offense should be reported; ``(III) options regarding law enforcement and campus authorities, including notification of the victim's option to-- ``(aa) notify proper law enforcement authorities, including on-campus and local police; ``(bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and ``(cc) decline to notify such authorities; and ``(IV) where applicable, the rights of victims and the institution's responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court. ``(iv) Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that-- ``(I) such proceedings shall-- ``(aa) provide a prompt, fair, and impartial investigation and resolution; ``(bb) be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; and ``(cc) use the preponderance of the evidence standard; ``(II) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and ``(III) both the accuser and the accused shall be simultaneously informed, in writing, of-- ``(aa) the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking; ``(bb) the institution's procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding; ``(cc) any change to the results that occurs prior to the time that such results become final; and ``(dd) when such results become final. ``(v) Information about how the institution will protect the confidentiality of victims, including how publicly available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law. ``(vi) Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community. ``(vii) Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. ``(C) A student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee's rights and options, as described in clauses (ii) through (vii) of subparagraph (B).''; (6) in paragraph (9), by striking ``The Secretary'' and inserting ``The Secretary, in consultation with the Attorney General of the United States,''; (7) by striking paragraph (16) and inserting the following: ``(16)(A) The Secretary shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies. ``(B) The Secretary shall seek the advice and counsel of the Attorney General of the United States and the Secretary of Health and Human Services concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence- based outcome measurements.''; and (8) by striking paragraph (17) and inserting the following: ``(17) No officer, employee, or agent of an institution participating in any program under this title shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection.''. (b) Effective Date.--The amendments made by this section shall take effect with respect to the annual security report under section 485(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)(1)) prepared by an institution of higher education 1 calendar year after the date of enactment of this Act, and each subsequent calendar year.

Summary: Campus Sexual Violence Elimination Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to require institutions of higher education (IHEs) to include in their annual security report policies encouraging the accurate and prompt reporting of all crimes to campus police and appropriate law enforcement agencies when crime victims elect to, or are unable to, report the crimes. Requires that report to include: (1) data on the occurrence of certain violent crimes that are motivated by the victim's nationality; and (2) statistics concerning the occurrence of domestic violence, dating violence, and stalking incidents reported to campus security authorities or local police. Requires schools to protect victim confidentiality when reporting criminal threats to the campus community. Directs IHEs to include in their annual security report a statement of policy regarding their programs to prevent domestic violence, dating violence, sexual assault, and stalking and the procedures they follow when such an offense is reported. Requires an IHE's policy regarding those offenses to include: education that promotes awareness of the offenses; possible sanctions or protective measures imposed following disciplinary action; procedures victims should follow after such an offense occurs; institutional disciplinary procedures; information about how the IHE will protect victim confidentiality; the written notification of students and employees concerning on-campus and community services available for victims; and the written notification of victims regarding their options for, and assistance in, changing academic, living, transportation, and working situations, regardless of whether or not they choose to report the crime. Requires students and employees who report having been the victim of such an offense to their IHE, whether it occurred on or off campus, to receive a written notification of their rights and options under the IHE's policy. Directs the Secretary of Education to seek the counsel of the Attorney General and Secretary of Health and Human Services (HHS) regarding the development, and dissemination to IHEs, of best practices for preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Building Code Incentive Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) mitigation planning is the foundation for saving lives, protecting residential and commercial properties, and developing disaster resistant communities; (2) recent studies of the performance of building structures during disasters have demonstrated that the adoption and active enforcement of State building codes have greatly reduced residential and commercial property damage and personal injury resulting from major disasters; (3) modern building codes govern all aspects of construction and are designed to ensure that single-family residential dwellings and commercial structures are protected from natural disasters; (4) the people of the United States rely on active enforcement of modern building codes for assurance that minimum standards for reducing personal injuries and property damages have been met in the buildings they live in, work in, and visit everyday; (5) active enforcement of building codes plays an increasingly important role in public safety and loss prevention of residential and commercial property; (6) active enforcement of building codes based on nationally recognized models reduces the need for public disaster aid, creates sustainable communities, promotes a level and consistent playing field for design professionals, suppliers, and builders, and can contribute to the durability of residential and commercial structures; (7) under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal Emergency Management Agency provides Federal assistance to States for mitigation efforts; (8) it is beneficial and appropriate to expand Federal mitigation assistance to encourage States to take a comprehensive and integrated approach to disaster loss reduction; and (9) it is beneficial to the Federal Government and appropriate that Federal mitigation assistance be used to encourage the adoption and active enforcement of State building codes as a disaster mitigation strategy under the auspices of a comprehensive disaster loss reduction plan. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) substantially mitigate the occurrence of loss to residential and commercial property, reduce and minimize damage when losses to residential and commercial property occur, improve the quality and value of residential and commercial property, and reduce the need for public disaster aid; (2) provide incentives for the adoption and active enforcement of State building codes; (3) encourage States to continue their key responsibility to coordinate all State and local activities relating to hazard evaluation and mitigation, as specified in section 201.3(c) of title 44, Code of Federal Regulations, through the adoption and active enforcement of State building codes; and (4) encourage States to require that local governments use a current version of a nationally applicable model building code that address natural hazards as a basis for design and construction of State-sponsored mitigation projects described in section 201.5(b)(4)(iv) of title 44, Code of Federal Regulations. SEC. 4. ADDITIONAL MITIGATION ASSISTANCE. (a) In General.--Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the following: ``(d) Additional Mitigation Assistance.-- ``(1) In general.--If, at the time of a declaration of a major disaster, the affected State has in effect and is actively enforcing throughout the State a State building code that satisfies the conditions in paragraph (2), the President may increase the maximum total of contributions under this section for the major disaster, as specified in subsection (a) and section 322(e), by an amount equal to 4 percent of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this Act with respect to the major disaster. ``(2) Submission.--To be eligible for an increased Federal share under paragraph (1), a State shall certify to the President that the State has a building code that-- ``(A) is consistent with the most recent version of a nationally recognized model building code; ``(B) has been adopted by the State within 6 years of the most recent version of the nationally recognized model building code; and ``(C) uses the nationally recognized model building code as a minimum standard. ``(3) Approval.--The President shall approve the additional assistance under this section, if the President determines that the certification of the State provided under paragraph (2) is sufficient and is submitted not later than 90 days after the date of a declared disaster. ``(4) Periodic updates.--The President, acting through the Administrator, shall set appropriate standards, by regulation, for the periodic update, resubmittal, and approval of a State building code approved by the President in accordance with paragraph (3) that are consistent with similar requirements related to mitigation planning under section 322. ``(5) Definitions.--In this subsection, the following definitions apply: ``(A) Actively enforcing.--The term `actively enforcing' means effective jurisdictional execution of all phases of a State building code in the process of examination and approval of construction plans, specifications, and technical data and the inspection of new construction or renovation. ``(B) Nationally recognized model building code.-- The term `nationally recognized model building code' means a building code for residential and commercial construction and construction materials that-- ``(i) has been developed and published by a code organization in an open consensus type forum with input from national experts; and ``(ii) is based on national structural design standards that establish minimum acceptable criteria for the design, construction, and maintenance of residential and commercial buildings for the purpose of protecting the health, safety, and general welfare of the building's users against natural disasters. ``(C) State building code.--The term `State building code' means requirements and associated standards for residential and commercial construction and construction materials that are implemented on a statewide basis by ordinance, resolution, law, housing or building code, or zoning ordinance. At a minimum, such requirements and associated standards shall apply-- ``(i) to construction-related activities of residential building contractors applicable to single-family and 2-family residential structures; and ``(ii) to construction-related activities of engineers, architects, designers, and commercial building contractors applicable to the structural safety, design, and construction of commercial, industrial, and multifamily structures. ``(6) Regulations.--Not later than 180 days after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency, shall issue such regulations as may be necessary to carry out this subsection.''. (b) Applicability.--Section 404(d) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by this section, shall apply to major disasters declared on or after October 24, 2012. Major disasters declared during the period beginning on October 24, 2012 and ending on the date of enactment of this Act, shall have 90 days from date of enactment of this Act to submit the certification required under 404(d)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as added by this Act.

Summary: Safe Building Code Incentive Act of 2012 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to authorize the President to increase the maximum total of contributions for a major disaster by an amount equal to 4% of the estimated aggregate amount of grants to be made under the Act if, at the time of a declaration of a major disaster, the affected state certifies that it has in effect and is actively enforcing a state building code that: (1) is consistent with the most recent version of a nationally recognized model building code, (2) has been adopted by the state within six years of the most recent version of the nationally recognized code, and (3) uses the nationally recognized code as a minimum standard. Directs the President to approve the additional assistance upon determining that such certification is sufficient and is submitted not later than 90 days after the date of a declared disaster. Requires the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to set appropriate standards for the periodic update, resubmittal, and approval of state building codes, consistent with similar mitigation planning requirements under the Stafford Act. Makes this Act applicable to major disasters declared on or after October 24, 2012. Allows 90 days from this Act's enactment for submission of the required certification for disasters declared between October 24, 2012, and such enactment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Induced Rape Prevention and Punishment Act of 1996''. SEC. 2. PROVISIONS RELATING TO USE OF A CONTROLLED SUBSTANCE WITH INTENT TO COMMIT A CRIME OF VIOLENCE. (a) Penalties for Distribution.--Section 401(b) of the Controlled Substances Act is amended by adding at the end the following: ``(7) Penalties for distribution.-- ``(A) In general.--Whoever, with intent to commit a crime of violence, as defined in section 16 of title 18, United States Code (including rape), against an individual, violates subsection (a) by distributing a controlled substance to that individual without that individual's knowledge, shall be imprisoned not more than 20 years and fined in accordance with title 18, United States Code. ``(B) Definition.--For purposes of this paragraph, the term `without that individual's knowledge' means that the individual is unaware that a substance with the ability to alter that individual's ability to appraise conduct or to decline participation in or communicate unwillingness to participate in conduct is administered to the individual.''. (b) Additional Penalties Relating to Flunitrazepam.-- (1) General penalties.--Section 401 of the Controlled Substances Act (21 U.S.C. 841) is amended-- (A) in subsection (b)(1)(C), by inserting ``, or 1 gram of flunitrazepam,'' after ``I or II''; and (B) in subsection (b)(1)(D), by inserting ``or 30 milligrams of flunitrazepam,'' after ``schedule III,''. (2) Import and export penalties.-- (A) Section 1009(a) of the Controlled Substances Import and Export Act (21 U.S.C. 959(a)) is amended by inserting ``or flunitrazepam'' after ``I or II''. (B) Section 1010(b)(3) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended by inserting ``or flunitrazepam,'' after ``I or II,''. (C) Section 1010(b)(4) of the Controlled Substances Import and Export Act is amended by inserting ``(except a violation involving flunitrazepam)'' after ``III, IV, or V,''. (3) Sentencing guidelines.-- (A) Amendment of sentencing guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend, as appropriate, the sentencing guidelines for offenses involving flunitrazepam. (B) Summary.--The United States Sentencing Commission shall submit to the Congress-- (i) a summary of its review under subparagraph (A); and (ii) an explanation for any amendment to the sentencing guidelines made under subparagraph (A). (C) Serious nature of offenses.--In carrying out this paragraph, the United States Sentencing Commission shall ensure that the sentencing guidelines for offenses involving flunitrazepam reflect the serious nature of such offenses. (c) Increased Penalties for Unlawful Simple Possession of Flunitrazepam.--Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by inserting after ``exceeds 1 gram.'' the following: ``Notwithstanding any penalty provided in this subsection, any person convicted under this subsection for the possession of flunitrazepam shall be imprisoned for not more than 3 years, shall be fined as otherwise provided in this section, or both.''. SEC. 3. STUDY ON RESCHEDULING FLUNITRAZEPAM. (a) Study.--The Administrator of the Drug Enforcement Administration shall, in consultation with other Federal and State agencies, as appropriate, conduct a study on the appropriateness and desirability of rescheduling flunitrazepam as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. 801 et seq.). (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Administrator shall submit to the Committees on the Judiciary of the House of Representatives and the Senate the results of the study conducted under subsection (a), together with any recommendations regarding rescheduling of flunitrazepam as a Schedule I controlled substance under the Controlled Substances Act (21 U.S.C. 801 et seq.). SEC. 4. EDUCATIONAL PROGRAM FOR POLICE DEPARTMENTS. The Attorney General may-- (1) create educational materials regarding the use of controlled substances (as that term is defined in section 102 of the Controlled Substances Act) in the furtherance of rapes and sexual assaults; and (2) disseminate those materials to police departments throughout the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Drug-Induced Rape Prevention and Punishment Act of 1996 - Amends the Controlled Substances Act (CSA) to impose penalties of up to 20 years' imprisonment and a fine for violating CSA provisions by distributing a controlled substance to an individual without that individual's knowledge, with intent to commit a crime of violence (including rape) against such individual. Enhances penalties for certain activities involving flunitrazepam under: (1) the CSA, including manufacturing, distributing, or possessing with intent to distribute specified quantities of flunitrazepam (and increases penalties for unlawful simple possession of flunitrazepam); and (2) the Controlled Substances Import and Export Act, including possessing, manufacturing, and distributing for purposes of unlawful importation of such quantities. Directs: (1) the United States Sentencing Commission to review and amend, as appropriate, the sentencing guidelines for offenses involving flunitrazepam and to ensure that such guidelines reflect the serious nature of such offenses; and (2) the Administrator of the Drug Enforcement Administration, in consultation with other Federal and State agencies as appropriate, to conduct a study on the appropriateness of rescheduling flunitrazepam as a Schedule I controlled substance. Sets forth reporting requirements. Authorizes the Attorney General to create educational materials regarding the use of controlled substances in the furtherance of rapes and sexual assaults for dissemination to police departments throughout the United States.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Employment Opportunity Commission Amendments of 1993''. SEC. 2. INCREASED ENFORCEMENT POWERS FOR THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended by adding at the end thereof the following: ``(f)(1) If any agency, department, or unit referred to in subsection (a) fails to submit the plan required under subsection (b) by the time established by the Commission, the Commission may request the head of such agency, department, or unit (or the designated representative of such individual) to appear before the Commission to explain the reasons for the failure to submit the plan and to present any objections to any requirement of the Commission with respect to such plan. ``(2) If, after the head of any agency, department, or unit described in paragraph (1) has been given an opportunity for hearing by the Commission pursuant to such paragraph, such agency, department, or unit has not submitted the plan required under subsection (b), the Commission shall order such agency, department, or unit or any officer or employee of such agency, department, or unit to submit the plan before the end of such period as the Commission determines to be reasonable. The Commission shall enforce compliance with such order. ``(3)(A) In enforcing compliance with any order under paragraph (2), the Commission may initiate a proceeding to determine-- ``(i) who is the officer or employee of the United States responsible for the failure of the agency, department, or unit to comply with such order and the circumstances surrounding the failure to comply, and ``(ii) whether any disciplinary action is warranted against such officer or employee for such failure to comply. The Commission, after investigation and consideration of the evidence submitted, shall submit its findings and recommendations to the administrative head of the agency, department, or unit in which such officer or employee is employed and shall send copies of the findings to the officer or employee or his representative. The administrative head of the agency, department, or unit in which such officer or employee is employed shall take any action recommended by the Commission. ``(B) In enforcing compliance with any order under paragraph (2), the Commission may issue an order that-- ``(i) any officer or employee of the agency, department, or unit charged with complying with the order under paragraph (2), or ``(ii) any officer or employee of the United States determined under subparagraph (A) to be responsible for the failure of the agency, department, or unit to comply with the order under paragraph (2), who is not an officer or employee appointed by the President by and with the advice and consent of the Senate, shall not be entitled to receive payment for service as an officer or employee for the period during which the order under paragraph (2) has not been complied with. The Commission shall certify to the Comptroller General of the United States that an order under this paragraph has been issued and no payment shall be made out of the Treasury of the United States for any service specified in such order. ``(C) In enforcing compliance with any order under paragraph (2) with respect to any officer or employee described in clause (i) or (ii) of subparagraph (B) who is an officer or employee appointed by the President by and with the advice and consent of the Senate, the Commission may notify the President that such officer or employee has failed to obey a lawfully issued order of the Commission. ``(g)(1) The authority of the Commission under section 710 to summon witnesses and compel the production of evidence includes the authority to subpoena any officer or employee of the United States who has custody of any information which the Commission determines to be necessary or appropriate to enable it to carry out any duty imposed under this section and to compel the production of such evidence by such officer or employee. ``(2) The authority of the Commission under section 710 to apply for the aid of a district court of the United States to summon witnesses and compel the production of evidence includes the authority to seek such aid to summon officers or employees of the United States as witnesses and to compel the production of evidence referred to in paragraph (1). ``(3) For purposes of any civil action relating to any subpoena issued by the Commission to summon a witness or compel the production of any evidence referred to in paragraph (1), the limitation contained in section 705(b)(2) shall not apply.''. SEC. 3. CLARIFICATION OF CONGRESSIONAL INTENT WITH RESPECT TO CONTENT OF AFFIRMATIVE ACTION PLANS. (a) Employment Goals.--Section 717(b) is amended by inserting before the last sentence the following: ``Such plan shall also include the numerical employment goals established by such agency, department, or unit under section 7201(d) of title 5, United States Code.''. (b) Conforming Amendment.--Section 7201(d)(1) of title 5, United States Code, is amended by striking ``; and'' at the end thereof and inserting the following: ``which shall include the requirement that each Executive agency shall establish numerical employment goals for the purpose of measuring the progress of such agency toward achieving the requirements of this section and section 717(a) of the Civil Rights Act of 1964;''.

Summary: Equal Employment Opportunity Commission Amendments of 1993 - Amends the Civil Rights Act of 1964 to authorize the Equal Employment Opportunity Commission to request a head of a Federal agency, department, or unit to appear before the Commission and explain the reason for failing to submit an equal employment opportunity plan. Directs the Commission, after an opportunity for a hearing, to order submission of a plan. Requires the Commission to enforce compliance with such order. Authorizes the Commission to initiate disciplinary action, including the withholding of pay, against any officer or employee responsible for failure to comply with an order. States that equal employment opportunity plans shall include the numerical employment goals established by an agency in its minority recruitment program and that each agency should establish numerical employment goals for the purpose of complying with affirmative action plans.


SECTION 1. SHORT TITLE. This Act may be cited as the ``America Gives More Act of 2014''. SEC. 2. EXTENSION AND EXPANSION OF CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY. (a) Permanent Extension.--Section 170(e)(3)(C) of the Internal Revenue Code of 1986 is amended by striking clause (iv). (b) Increase in Limitation.--Section 170(e)(3)(C) of such Code, as amended by subsection (a), is amended by striking clause (ii), by redesignating clause (iii) as clause (iv), and by inserting after clause (i) the following new clauses: ``(ii) Limitation.--The aggregate amount of such contributions for any taxable year which may be taken into account under this section shall not exceed-- ``(I) in the case of any taxpayer other than a C corporation, 15 percent of the taxpayer's aggregate net income for such taxable year from all trades or businesses from which such contributions were made for such year, computed without regard to this section, and ``(II) in the case of a C corporation, 15 percent of taxable income (as defined in subsection (b)(2)(D)). ``(iii) Rules related to limitation.-- ``(I) Carryover.--If such aggregate amount exceeds the limitation imposed under clause (ii), such excess shall be treated (in a manner consistent with the rules of subsection (d)) as a charitable contribution described in clause (i) in each of the 5 succeeding years in order of time. ``(II) Coordination with overall corporate limitation.--In the case of any charitable contribution allowable under clause (ii)(II), subsection (b)(2)(A) shall not apply to such contribution, but the limitation imposed by such subsection shall be reduced (but not below zero) by the aggregate amount of such contributions. For purposes of subsection (b)(2)(B), such contributions shall be treated as allowable under subsection (b)(2)(A).''. (c) Determination of Basis for Certain Taxpayers.--Section 170(e)(3)(C) of such Code, as amended by subsections (a) and (b), is amended by adding at the end the following new clause: ``(v) Determination of basis for certain taxpayers.--If a taxpayer-- ``(I) does not account for inventories under section 471, and ``(II) is not required to capitalize indirect costs under section 263A, the taxpayer may elect, solely for purposes of subparagraph (B), to treat the basis of any apparently wholesome food as being equal to 25 percent of the fair market value of such food.''. (d) Determination of Fair Market Value.--Section 170(e)(3)(C) of such Code, as amended by subsections (a), (b), and (c), is amended by adding at the end the following new clause: ``(vi) Determination of fair market value.--In the case of any such contribution of apparently wholesome food which cannot or will not be sold solely by reason of internal standards of the taxpayer, lack of market, or similar circumstances, or by reason of being produced by the taxpayer exclusively for the purposes of transferring the food to an organization described in subparagraph (A), the fair market value of such contribution shall be determined-- ``(I) without regard to such internal standards, such lack of market, such circumstances, or such exclusive purpose, and ``(II) by taking into account the price at which the same or substantially the same food items (as to both type and quality) are sold by the taxpayer at the time of the contribution (or, if not so sold at such time, in the recent past).''. (e) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to contributions made after December 31, 2013, in taxable years ending after such date. (2) Limitation; applicability to c corporations.--The amendments made by subsection (b) shall apply to contributions made in taxable years beginning after December 31, 2013. SEC. 3. RULE ALLOWING CERTAIN TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENTS ACCOUNTS FOR CHARITABLE PURPOSES MADE PERMANENT. (a) In General.--Section 408(d)(8) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F). (b) Effective Date.--The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2013. SEC. 4. SPECIAL RULE FOR QUALIFIED CONSERVATION CONTRIBUTIONS MODIFIED AND MADE PERMANENT. (a) Made Permanent.-- (1) Individuals.--Subparagraph (E) of section 170(b)(1) of the Internal Revenue Code of 1986 is amended by striking clause (vi). (2) Corporations.--Subparagraph (B) of section 170(b)(2) of such Code is amended by striking clause (iii). (b) Contributions of Capital Gain Real Property Made for Conservation Purposes by Native Corporations.-- (1) In general.--Paragraph (2) of section 170(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following new subparagraph: ``(C) Qualified conservation contributions by certain native corporations.-- ``(i) In general.--Any qualified conservation contribution (as defined in subsection (h)(1)) which-- ``(I) is made by a Native Corporation, and ``(II) is a contribution of property which was land conveyed under the Alaska Native Claims Settlement Act, shall be allowed to the extent that the aggregate amount of such contributions does not exceed the excess of the taxpayer's taxable income over the amount of charitable contributions allowable under subparagraph (A). ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(2)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time. ``(iii) Native corporation.--For purposes of this subparagraph, the term `Native Corporation' has the meaning given such term by section 3(m) of the Alaska Native Claims Settlement Act.''. (2) Conforming amendment.--Section 170(b)(2)(A) of such Code is amended by striking ``subparagraph (B) applies'' and inserting ``subparagraph (B) or (C) applies''. (3) Valid existing rights preserved.--Nothing in this subsection (or any amendment made by this subsection) shall be construed to modify the existing property rights validly conveyed to Native Corporations (within the meaning of section 3(m) of the Alaska Native Claims Settlement Act) under such Act. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2013. SEC. 5. EXTENSION OF TIME FOR MAKING CHARITABLE CONTRIBUTIONS. (a) In General.--Subsection (a) of section 170 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Treatment of charitable contributions made by individuals before due date of return.--If any charitable contribution is made by an individual after the close of a taxable year but not later than the due date (determined without regard to extensions) for the return of tax for such taxable year, then the taxpayer may elect to treat such charitable contribution as made in such taxable year. Such election shall be made at such time and in such manner as the Secretary may provide. For purposes of this paragraph, an individual's distributive share of a partnership's charitable contribution, and an individual's pro rata share of an S corporation's charitable contribution, shall not be treated as charitable contributions made by such individual.''. (b) Effective Date.--The amendments made by this section shall apply to elections made with respect to taxable years beginning after December 31, 2013. SEC. 6. MODIFICATION OF THE TAX RATE FOR THE EXCISE TAX ON INVESTMENT INCOME OF PRIVATE FOUNDATIONS. (a) In General.--Section 4940(a) of the Internal Revenue Code of 1986 is amended by striking ``2 percent'' and inserting ``1 percent''. (b) Elimination of Reduced Tax Where Foundation Meets Certain Distribution Requirements.--Section 4940 of such Code is amended by striking subsection (e). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 7. BUDGETARY EFFECTS. (a) Statutory Pay-As-You-Go Scorecards.--The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO Scorecards.--The budgetary effects of this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). Passed the House of Representatives July 17, 2014. Attest: KAREN L. HAAS, Clerk.

Summary: America Gives More Act of 2014 - Amends the Internal Revenue Code to: (1) make permanent the enhanced tax deduction for charitable contributions of food inventory; (2) increase from 10% to 15% of the aggregate net income of taxpayers other than C corporations the amount of deductible food inventory contributions which such taxpayers may make in any taxable year (for a C corporation, 15% of its taxable income); (3) permit a taxpayer who is not required to account for inventories or capitalize indirect costs, to elect, solely for purposes of computing the amount of the deduction, to treat the basis of any apparently wholesome food (as defined in the Bill Emerson Good Samaritan Food Donation Act) as equal to 25% of the fair market value of such food; and (4) set forth a formula for determining the fair market value of such food. Makes permanent: (1) tax-free distributions from individual retirement accounts (IRAs) for charitable purposes, and (2) the tax deduction for charitable contributions by individuals and corporations of real property interests for conservation purposes. Allows taxpayers to treat a charitable contribution made after the close of the taxable year but before the due date of the tax return as being made in such taxable year. Reduces from 2% to 1% the excise tax rate on the net investment income of tax-exempt private foundations. Repeals the 1% reduction in such tax rate for private foundations that meet certain distribution requirements. Prohibits the entry of the budgetary effects of this Act on any PAYGO (pay-as-you-go) scorecard.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwest Forest Health and Wildfire Prevention Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) there is an increasing threat of wildfire to millions of acres of forest land and rangeland throughout the United States; (2) forest land and rangeland are degraded as a direct consequence of land management practices, including practices to control and prevent wildfires and the failure to harvest subdominant trees from overstocked stands that disrupt the occurrence of frequent low-intensity fires that have periodically removed flammable undergrowth; (3) at least 39,000,000 acres of land of the National Forest System in the interior West are at high risk of wildfire; (4) an average of 95 percent of the expenditures by the Forest Service for wildfire suppression during fiscal years 1990 through 1994 were made to suppress wildfires in the interior West; (5) the number, size, and severity of wildfires in the interior West are increasing; (6) of the timberland in National Forests in the States of Arizona and New Mexico, 59 percent of such land in Arizona, and 56 percent of such land in New Mexico, has an average diameter of 9 to 12 inches diameter at breast height; (7) the population of the interior West grew twice as fast as the national average during the 1990s; (8) catastrophic wildfires-- (A) endanger homes and communities; (B) damage and destroy watersheds and soils; and (C) pose a serious threat to the habitat of threatened and endangered species; (9) a 1994 assessment of forest health in the interior West estimated that only a 15- to 30-year window of opportunity exists for effective management intervention before damage from uncontrollable wildfire becomes widespread, with 8 years having already elapsed since the assessment; (10) healthy forest and woodland ecosystems-- (A) reduce the risk of wildfire to forests and communities; (B) improve wildlife habitat and biodiversity; (C) increase tree, grass, forb, and shrub productivity; (D) enhance watershed values; (E) improve the environment; and (F) provide a basis in some areas for economically and environmentally sustainable uses; (11) sustaining the long-term ecological and economic health of interior West forests and woodland, and their associated human communities requires preventing severe wildfires before the wildfires occur and permitting natural, low-intensity ground fires; (12) more natural fire regimes cannot be accomplished without the reduction of excess fuels and thinning of subdominant trees (which fuels and trees may be of commercial value); (13) ecologically based forest and woodland ecosystem restoration on a landscape scale will-- (A) improve long-term community protection; (B) minimize the need for wildfire suppression; (C) improve resource values; (D) improve the ecological integrity and resilience of these systems; (E) reduce rehabilitation costs; (F) reduce loss of critical habitat; and (G) protect forests for future generations; (14) although landscape scale restoration is needed to effectively reverse degradation, scientific understanding of landscape scale treatments is limited; (15) rigorous, objective, understandable, and applied scientific information is needed for-- (A) the design, implementation, monitoring, and adaptation of landscape scale restoration treatments and improvement of wildfire management; (B) the environmental review process; and (C) affected entities that collaborate in the development and implementation of wildfire treatment. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to enhance the capacity to develop, transfer, apply, monitor, and regularly update practical science-based forest restoration treatments that will reduce the risk of severe wildfires, and improve the health of dry forest and woodland ecosystems in the interior West; (2) to synthesize and adapt scientific findings from conventional research programs to the implementation of forest and woodland restoration on a landscape scale; (3) to facilitate the transfer of interdisciplinary knowledge required to understand the socioeconomic and environmental impacts of wildfire on ecosystems and landscapes; (4) to require the Institutes established under this Act to collaborate with Federal agencies-- (A) to use ecological restoration treatments to reverse declining forest health and reduce the risk of severe wildfires across the forest landscape; and (B) to design, implement, monitor, and regularly revise representative wildfire treatments based on the use of adaptive ecosystem management; (5) to assist land managers in-- (A) treating acres with restoration-based applications; and (B) using new management technologies (including the transfer of understandable information, assistance with environmental review, and field and classroom training and collaboration) to accomplish the goals identified in-- (i) the National Fire Plan; (ii) the report entitled ``Protecting People and Sustaining Resources in Fire-Adapted Ecosystems-A Cohesive Strategy'' (65 Fed. Reg. 67480); and (iii) the report entitled ``10-Year Comprehensive Strategy: A Collaborative Approach for Reducing Wildland Fire Risks to Communities and the Environment'' of the Western Governors' Association; (6) to provide technical assistance to collaborative efforts by affected entities to develop, implement, and monitor adaptive ecosystem management restoration treatments that are ecologically sound, economically viable, and socially responsible; and (7) to assist Federal and non-Federal land managers in providing information to the public on the role of fire and fire management in dry forest and woodland ecosystems in the interior West. SEC. 4. DEFINITIONS. In this Act: (1) Adaptive ecosystem management.-- (A) Definition.--The term ``adaptive ecosystem management'' means a natural resource management process under which planning, implementation, monitoring, research, evaluation, and incorporation of new knowledge are combined into a management approach that-- (i) is based on scientific findings and the needs of society; (ii) treats management actions as experiments; (iii) acknowledges the complexity of these systems and scientific uncertainty; and (iv) uses the resulting new knowledge to modify future management methods and policy. (B) Clarification.--This paragraph shall not define the term ``adaptive ecosystem management'' for the purposes of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.). (2) Affected entities.--The term ``affected entities'' includes-- (A) land managers; (B) stakeholders; (C) concerned citizens; and (D) the States of the interior West, including political subdivisions of the States. (3) Dry forest and woodland ecosystem.--The term ``dry forest and woodland ecosystem'' means an ecosystem that is dominated by ponderosa pines and associated dry forest and woodland types. (4) Institute.--The term ``Institute'' means an Institute established under section 5(a). (5) Interior west.--The term ``interior West'' means the States of Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah. (6) Land manager.-- (A) In general.--The term ``land manager'' means a person or entity that practices or guides natural resource management. (B) Inclusions.--The term ``land manager'' includes a Federal, State, local, or tribal land management agency. (7) Restoration.--The term ``restoration'' means a process undertaken to move an ecosystem or habitat toward-- (A) a sustainable structure of the ecosystem or habitat; or (B) a condition that supports a natural complement of species, natural function, or ecological process (such as a low-intensity fire). (8) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (9) Secretaries.--The term ``Secretaries'' means-- (A) the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) the Secretary of the Interior. (10) Stakeholder.--The term ``stakeholder'' means any person interested in or affected by management of forest or woodland ecosystems. (11) Subdominant trees.--Are trees that occur underneath the canopy or extend into the canopy but are smaller and less vigorous than dominant trees. (12) Overstocked stands.--Where the number of trees per acre exceeds the natural carrying capacity of the site. (13) Resilience.--The ability of a system to absorb disturbance without being pushed into a different, possibly less desirable stable state. SEC. 5. ESTABLISHMENT OF INSTITUTES. (a) In General.--The Secretary, in consultation with the Secretary of the Interior, shall-- (1) not later than 180 days after the date of enactment of this Act, establish Institutes to promote the use of adaptive ecosystem management to reduce the risk of wildfires, and restore the health of forest and woodland ecosystems, in the interior West; and (2) provide assistance to the Institutes to promote the use of collaborative processes and adaptive ecosystem management in accordance with paragraph (1). (b) Location.-- (1) Existing institutes.--The Secretary may designate an institute in existence on the date of enactment of this Act to serve as an Institute established under this Act. (2) States.--Of the Institutes established under this Act, the Secretary shall establish 1 Institute in each of-- (A) the State of Arizona, to be located at Northern Arizona University; (B) the State of New Mexico, to be located at New Mexico Highlands University, while engaging the full resources of the consortium of universities represented in the Institute of Natural Resource Analysis and Management (INRAM); and (C) the State of Colorado. (c) Duties.--Each Institute shall-- (1) develop, conduct research on, transfer, promote, and monitor restoration-based hazardous fuel reduction treatments to reduce the risk of severe wildfires and improve the health of dry forest and woodland ecosystems in the interior West; (2) synthesize and adapt scientific findings from conventional research to implement restoration-based hazardous fuel reduction treatments on a landscape scale using an adaptive ecosystem management framework; (3) translate for and transfer to affected entities any scientific and interdisciplinary knowledge about restoration-based hazardous fuel reduction treatments; (4) assist affected entities with the design of adaptive management approaches (including monitoring) for the implementation of restoration-based hazardous fuel reduction treatments; and (5) provide peer-reviewed annual reports. (d) Qualifications.--Each Institute shall-- (1) develop and demonstrate capabilities in the natural, physical, social, and policy sciences; and (2) explicitly integrate those disciplines in the performance of the duties listed in subsection (c). (e) Cooperation.--Each Institute may cooperate with-- (1) researchers and cooperative extension programs at colleges, community colleges, and universities in the States of Arizona, New Mexico, and Colorado that have a demonstrated capability to conduct research described in subsection (c); and (2) other organizations and entities in the interior West (such as the Western Governors' Association). (f) Annual Work Plans.--As a condition of the receipt of funds made available under this Act, for each fiscal year, each Institute shall develop in consultation with the Secretary, for review by the Secretary, in consultation with the Secretary of the Interior, an annual work plan that includes assurances, satisfactory to the Secretaries, that the proposed work of the Institute will serve the informational needs of affected entities. (g) Establishment of Additional Institutes.--If after 2 years after the date of the enactment of this Act, the Secretary finds that the Institute model established at the locations named in subsection (b)(2) would be constructive for other interior West States, the Secretary may establish 1 institute in each of those States. SEC. 6. COOPERATION BETWEEN INSTITUTES AND FEDERAL AGENCIES. In carrying out this Act, the Secretary, in consultation with the Secretary of the Interior-- (1) to the extent that funds are appropriated for the purpose, shall provide financial and technical assistance to the Institutes to carry out the duties of the Institutes under section 5; (2) shall encourage Federal agencies to use, on a cooperative basis, information and expertise provided by the Institutes; (3) shall encourage cooperation and coordination between Federal programs relating to-- (A) ecological restoration; (B) wildfire risk reduction; and (C) wildfire management technologies; (4) notwithstanding chapter 63 of title 31, United States Code, may-- (A) enter into contracts, cooperative agreements, and interagency personnel agreements to carry out this Act; and (B) carry out other transactions under this Act; (5) may accept funds from other Federal agencies to supplement or fully fund grants made, and contracts entered into, by the Secretaries; (6) may support a program of internships for qualified individuals at the undergraduate and graduate levels to carry out the educational and training objectives of this Act; (7) shall encourage professional education and public information activities relating to the purposes of this Act; and (8) may promulgate such regulations as the Secretaries determine are necessary to carry out this Act. SEC. 7. MONITORING AND EVALUATION. (a) In General.--Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary, in consultation with the Secretary of the Interior, shall complete and submit to the Committee on Resources and the Committee on Agriculture of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate a detailed evaluation of the programs and activities of each Institute-- (1) to ensure, to the maximum extent practicable, that the research, communication tools, and information transfer activities of each Institute are sufficient to achieve the purposes of this Act, including-- (A) implementing active adaptive ecosystem management practices at the landscape level; (B) reducing unnecessary planning costs; (C) avoiding duplicative and conflicting efforts; (D) increasing public acceptance of active adaptive ecosystem management practices; and (E) achieving general satisfaction on the part of affected entities; (2) to determine the extent to which each Institute has implemented its duties under section 5(c); and (3) to determine whether continued provision of Federal assistance to each Institute is warranted. (b) Termination of Assistance.--If, as a result of an evaluation under subsection (a), the Secretary, in consultation with the Secretary of the Interior, determines that an Institute does not qualify for further Federal assistance under this Act, the Institute shall receive no further Federal assistance under this Act until such time as the qualifications of the Institute are reestablished to the satisfaction of the Secretaries. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $15,000,000 for each fiscal year. (b) Limitation.--No funds made available under subsection (a) shall be used to pay the costs of constructing any facilities. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Southwest Forest Health and Wildfire Prevention Act of 2004 - (Sec. 5) Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to: (1) establish Institutes to promote the use of adaptive ecosystem management to reduce the risk of wildfires and restore the health of forest and woodland ecosystems in the interior West (Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah); and (2) assist the Institutes in promoting the use of collaborative processes and adaptive ecosystems management. Requires, initially, the establishment of three Institutes, with: (1) one in Arizona, at Northern Arizona University; (2) one in New Mexico, at New Mexico Highlands University, while engaging the full resources of the consortium of universities represented in the Institute of Natural Resource Analysis and Management; and (3) one in Colorado. Defines the term "adaptive ecosystem management" to mean a natural resource management process under which planning, implementation, monitoring, research, evaluation, and incorporation of new knowledge are combined into a management approach that: (1) is based on scientific findings and the needs of society; (2) treats management actions as experiments; (3) acknowledges the complexity of these systems and scientific uncertainty; and (4) uses the resulting new knowledge to modify future management methods and policy. Prohibits the definition of such term for the purposes of the Forest and Rangeland Renewable Resources Planning Act of 1974. Requires each Institute to: (1) develop, conduct research on, transfer, promote, and monitor restoration-based hazardous fuel reduction treatments to reduce the risk of severe wildfires and improve the health of dry forest and woodland ecosystems in the interior West; (2) synthesize and adapt scientific findings from conventional research to implement such fuel reduction treatments on a landscape scale using an adaptive ecosystem management framework; (3) translate for and transfer to affected entities (land managers, stakeholders, concerned citizens, and States of the interior West) any scientific and interdisciplinary knowledge about such fuel reduction treatments; (4) assist affected entities with the design of adaptive management approaches (including monitoring) for the implementation of such fuel reduction treatments; and (5) provide peer-reviewed annual reports. Requires each Institute to: (1) develop and demonstrate capabilities in the natural, physical, social, and policy sciences, and explicitly integrate those disciplines in the performance of such duties; and (2) develop an annual work plan for review by the Secretary. Authorizes the Secretary to establish one institute in each of the other interior West States, if after two years, the Secretary finds that the Institute model would be constructive for those States. (Sec. 6) Provides for cooperation between the Institutes and Federal programs. Encourages cooperation and coordination between Federal programs relating to ecological restoration, wildfire risk reduction, and wildfire management technologies. (Sec. 7) Requires the Secretary to evaluate and report to specified congressional committees every five years on the programs and activities of each Institute. (Sec. 8) Authorizes appropriations.