SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Airlift Requirements Act''. SEC. 2. REPORT ON SIZE AND MIX OF AIR FORCE INTERTHEATER AIRLIFT FORCE. (a) Study Required.-- (1) In general.--The Secretary of Defense shall conduct a study on various alternatives for the size and mix of assets for the Air Force intertheater airlift force, with a particular focus on current and planned capabilities and costs of the C-5 aircraft and C-17 aircraft fleets. (2) Conduct of study.-- (A) Use of ffrdc.--The Secretary shall select to conduct the study required by subsection (a) a federally funded research and development center (FFRDC) that has experience and expertise in conducting studies similar to the study required by subsection (a). (B) Development of study methodology.--Not later than 90 days after the date of enactment of this Act, the federally funded research and development center selected for the conduct of the study shall-- (i) develop the methodology for the study; and (ii) submit the methodology to the Comptroller General of the United States for review. (C) Comptroller general review.--Not later than 30 days after receipt of the methodology under subparagraph (B), the Comptroller General shall-- (i) review the methodology for purposes of identifying any flaws or weaknesses in the methodology; and (ii) submit to the federally funded research and development center a report that-- (I) sets forth any flaws or weaknesses in the methodology identified by the Comptroller General in the review; and (II) makes any recommendations the Comptroller General considers advisable for improvements to the methodology. (D) Modification of methodology.--Not later than 30 days after receipt of the report under subparagraph (C), the federally funded research and development center shall-- (i) modify the methodology in order to address flaws or weaknesses identified by the Comptroller General in the report and to improve the methodology in accordance with the recommendations, if any, made by the Comptroller General; and (ii) submit to the congressional defense committees a report that-- (I) describes the modifications of the methodology made by the federally funded research and development center; and (II) if the federally funded research and development center does not improve the methodology in accordance with any particular recommendation of the Comptroller General, sets forth a description and explanation of the reasons for such action. (3) Utilization of other studies.--The study shall build upon the results of the recent Mobility Capabilities Studies of the Department of Defense, the on-going Intratheater Airlift Fleet Mix Analysis, and other appropriate studies and analyses. The study should also include any results reached on the modified C-5A aircraft configured as part of the Reliability Enhancement and Re-engining Program (RERP) configuration, as specified in section 132 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1411). (b) Elements.--The study under subsection (a) shall address the following: (1) The state of the current intertheater airlift fleet of the Air Force, including the extent to which the increased use of heavy airlift aircraft in Operation Iraqi Freedom, Operation Enduring Freedom, and other ongoing operations is affecting the aging of the aircraft of that fleet. (2) The adequacy of the current intertheater airlift force, including whether or not the current target number of 301 airframes for the Air Force heavy lift aircraft fleet will be sufficient to support future expeditionary combat and non- combat missions as well as domestic and training mission demands consistent with the requirements of the National Military Strategy. (3) The optimal mix of C-5 aircraft and C-17 aircraft for the intertheater airlift fleet of the Air Force, and any appropriate mix of C-5 aircraft and C-17 aircraft for intratheater airlift missions, including an assessment of the following: (A) The cost advantages and disadvantages of modernizing the C-5 aircraft fleet when compared with procuring new C-17 aircraft, which assessment shall be performed in concert with the Cost Analysis Improvement Group and be based on program life cycle cost estimates for the respective aircraft. (B) The military capability of the C-5 aircraft and the C-17 aircraft, including number of lifetime flight hours, cargo and passenger carrying capabilities, and mission capable rates for such airframes. In the case of assumptions for the C-5 aircraft, and any assumptions made for the mission capable rates of the C-17 aircraft, sensitivity analyses shall also be conducted to test assumptions. The military capability study for the C-5 aircraft shall also include an assessment of the mission capable rates after each of the following: (i) Successful completion of the Avionics Modernization Program (AMP) and the Reliability Enhancement and Re-engining Program (RERP). (ii) Partially successful completion of the Avionics Modernization Program and the Reliability Enhancement and Re-engining Program, with partially successful completion of either such program being considered the point at which the continued execution of such program is no longer supported by cost-benefit analysis. (C) The tactical capabilities of strategic airlift aircraft, the potential increase in use of strategic airlift aircraft for tactical missions, and the value of such capabilities to tactical operations. (D) The value of having more than one type of aircraft in the strategic airlift fleet, and the potential need to pursue a replacement aircraft for the C-5 aircraft that is larger than the C-17 aircraft. (4) The means by which the Air Force was able to restart the production line for the C-5 aircraft after having closed the line for several years, and the actions to be taken to ensure the production line for the C-17 aircraft could be restarted if necessary, including-- (A) an analysis of the costs of closing and re- opening the production line for the C-5 aircraft; and (B) an assessment of the costs of closing and re- opening the production line for the C-17 aircraft on a similar basis. (5) The financial effects of retiring, upgrading and maintaining, or continuing current operations of the C-5A aircraft fleet on procurement decisions relating to the C-17 aircraft. (6) The impact that increasing the role and use of strategic airlift aircraft in intratheater operations will have on the current target number for strategic airlift aircraft of 301 airframes, including an analysis of the following: (A) The appropriateness of using C-5 aircraft and C-17 aircraft for intratheater missions, as well as the efficacy of these aircraft to perform current and projected future intratheater missions. (B) The interplay of existing doctrinal intratheater airlift aircraft (such as the C-130 aircraft and the future Joint Cargo Aircraft (JCA)) with an increasing role for C-5 aircraft and C-17 aircraft in intratheater missions. (C) The most appropriate and likely missions for C- 5 aircraft and C-17 aircraft in intratheater operations and the potential for increased requirements in these mission areas. (D) Any intratheater mission sets best performed by strategic airlift aircraft as opposed to traditional intratheater airlift aircraft. (E) Any requirements for increased production or longevity of C-5 aircraft and C-17 aircraft, or for a new strategic airlift aircraft, in light of the matters analyzed under this paragraph. (7) Taking into consideration all applicable factors, whether or not the replacement of C-5 aircraft with C-17 aircraft on a one-for-one basis will result in the retention of a comparable strategic airlift capability. (c) Construction.--Nothing in this section shall be construed to exclude from the study under subsection (a) consideration of airlift assets other than the C-5 aircraft or C-17 aircraft that do or may provide intratheater and intertheater airlift, including the potential that such current or future assets may reduce requirements for C-5 aircraft or C-17 aircraft. (d) Collaboration With Transcom.--The federally funded research and development center selected under subsection (a) shall conduct the study required by that subsection and make the report required by subsection (e) in concert with the United States Transportation Command. (e) Report by FFRDC.-- (1) In general.--Not later than February 4, 2009, the federally funded research and development center selected under subsection (a) shall submit to the Secretary of Defense, the congressional defense committees, and the Comptroller General of the United States a report on the study required by subsection (a). (2) Review by gao.--Not later than 90 days after receipt of the report under paragraph (1), the Comptroller General shall submit to the congressional defense committee a report on the study conducted under subsection (a) and the report under paragraph (1). The report under this subsection shall include an analysis of the study under subsection (a) and the report under paragraph (1), including an assessment by the Comptroller General of the strengths and weaknesses of the study and report. (f) Report by Secretary of Defense.-- (1) In general.--Not later than _____, 2009, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the study required by subsection (a). (2) Elements.--The report shall include a comprehensive discussion of the findings of the study, including a particular focus on the following: (A) A description of lift requirements and operating profiles for intertheater airlift aircraft required to meet the National Military Strategy, including assumptions regarding: (i) Current and future military combat and support missions. (ii) The planned force structure growth of the Army and the Marine Corps. (iii) Potential changes in lift requirements, including the deployment of the Future Combat Systems by the Army. (iv) New capability in strategic airlift to be provided by the KC(X) aircraft and the expected utilization of such capability, including its use in intratheater lift. (v) The utilization of the heavy lift aircraft in intratheater combat missions. (vi) The availability and application of Civil Reserve Air Fleet assets in future military scenarios. (vii) Air mobility requirements associated with the Global Rebasing Initiative of the Department of Defense. (viii) Air mobility requirements in support of peacekeeping and humanitarian missions around the globe. (ix) Potential changes in lift requirements based on equipment procured for Iraq and Afghanistan. (B) A description of the assumptions utilized in the study regarding aircraft performances and loading factors. (C) A comprehensive statement of the data and assumptions utilized in making program life cycle cost estimates. (D) A comparison of cost and risk associated with optimal mix airlift fleet versus program of record airlift fleet. (3) Form.--The report shall be submitted in unclassified form, but may include a classified annex.

Summary: United States Airlift Requirements Act - Directs the Secretary of Defense to study alternatives for the asset size and mix for the Air Force intertheater airlift force, focusing on current and planned capabilities and costs of the C-5 and C-17 fleets. Requires that the study be conducted through a federally funded research and development center (FFRDC) in concert with the United States Transportation Command.


SECTION 1. VISA OVERSTAYS CRIMINALIZED. (a) In General.--The Immigration and Nationality Act is amended by inserting after section 274D the following: ``SEC. 274E. VISA OVERSTAYS. ``(a) In General.--Except as provided in subsection (b), any alien who remains in the United States for any period of time after the date on which any visa or status under which the alien is lawfully present has expired shall-- ``(1) for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned no more than 6 months, or both; and ``(2) for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both. ``(b) Exception.--If the Secretary of Homeland Security determines on an individual case-by-case basis that, because of reasons of a medical necessity, public safety, or national security, the alien violated subsection (a), the alien shall not be subject to the penalties under subsection (a). ``(c) Limitation on Reentry.-- ``(1) First offenders.--Subject to section 222(g)(2), any alien convicted of a violation of subsection (a)(1)-- ``(A) may not be admitted to the United States for a period of 5 years, beginning on the date of the conviction; and ``(B) may not be granted a visa for a period of 10 years, beginning on the date of the conviction. ``(2) Subsequent offenses.--Notwithstanding section 222(g)(2), any alien convicted of a violation of subsection (a)(2)-- ``(A) may not be admitted to the United States; and ``(B) may not be granted a visa. ``(d) Disclosure of Penalties.--In the case of any application or petition by or on behalf of an alien for admission to the United States, the Secretary of State or the Secretary of Homeland Security shall provide the alien with notice of the penalties under this section and section 275 on receipt of the application or petition, and again at the time of admission.''. (b) Clerical Amendment.--The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 274D the following: ``274E. Visa overstays.''. SEC. 2. EFFECT OF VISA REVOCATION. (a) In General.--Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by inserting before the final sentence the following: ``A revocation under this subsection shall automatically cancel any other valid visa that is in the alien's possession.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to revocations under section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) occurring on or after such date. SEC. 3. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL. Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) is amended-- (1) by striking ``In any removal proceedings before an immigration judge and in any appeal proceedings before the Attorney General from any such removal proceedings'' and inserting ``In any removal proceedings before an immigration judge, or any other immigration proceedings before the Attorney General, the Secretary of Homeland Security, or any appeal of such a proceeding''; (2) by striking ``(at no expense to the Government)''; and (3) by adding at the end the following ``Notwithstanding any other provision of law, in no instance shall the Government bear any expense for counsel for any person in proceedings described in this section.''. SEC. 4. SHARING VISA RECORDS WITH FOREIGN GOVERNMENTS. Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) is amended-- (1) in paragraph (1), by striking the period at the end and inserting a semicolon; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) the Secretary of State on a case-by-case basis may provide to a foreign government copies of any record of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States, or any information contained in those records, if the Secretary determines that it is in the national interests of the United States; and''. SEC. 5. ACCESS TO NATIONAL CRIME INFORMATION CENTER FILES FOR VISA ADJUDICATIONS RELATING TO DIPLOMATS AND OTHER GOVERNMENT OFFICIALS. Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202) is amended by adding at the end the following: ``(i) In the case of an alien described in one of clauses (i) through (iv) of subsection (h)(2)(E) who has applied for a visa, the Attorney General and the Director of the Federal Bureau of Investigation shall provide the Secretary of State with access to the criminal history record information contained in files maintained by the National Crime Information Center for the purpose of determining whether the visa should be issued.''.

Summary: This bill amends the Immigration and Nationality Act to subject any alien who remains in the United States after any visa or status under which the alien is lawfully present has expired to: (1) a fine or imprisonment for up to six months, or both, for a first offense; and (2) a fine or imprisonment for up to two years, or both, for any subsequent offense. Such penalties shall be waived if the overstay was due to medical necessity, public safety, or national security. An alien convicted of a first offense may not be admitted to the United States for 5 years or granted a visa for 10 years. An alien convicted of a subsequent offense may not be admitted to the United States at all or granted a visa. The bill expands the scope of an individual's right to counsel in immigration proceedings and appeals. The government, however, shall not bear the cost of counsel in such proceedings or appeals. The Department of State may share visa records and related information with a foreign government if in the national interests of the United States. The Department of Justice and the Federal Bureau of Investigation shall provide the State Department with access to National Crime Information Center files for visa adjudications involving a diplomat or government official.


SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Pakistan Security and Stability Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Congress supports the following elements outlined in the President's White Paper of the Interagency Policy Group's Report on United States Policy Toward Afghanistan and Pakistan: (A) The core goal of the United States must be to disrupt, dismantle, and defeat al Qaeda and its affiliated networks and their safe havens in Pakistan. (B) The threat that al Qaeda poses to the United States and its allies in Pakistan--including the possibility of extremists obtaining fissile material-- is all too real. (C) The United States must overcome its trust deficit with Pakistan and demonstrate that it is a reliable, long-term partner. (2) The Government of Pakistan is facing significant security and socio-economic challenges that set the conditions for greater radicalization and may threaten Pakistan's viability. Such challenges include the following: (A) Al Qaeda's and other extremist groups' campaign of violent attacks throughout Pakistan, including the Red Mosque incident, the assassination of Benazir Bhutto, and the bombing of the Marriott Hotel in Islamabad. (B) Pakistan's population growth at a rate of approximately 2 percent a year, with nearly half of its 172 million residents illiterate, under the age of 20, and living near or below the poverty line. (3) Security and stability to Pakistan is further complicated given the prevalence of ungoverned spaces between Pakistan and Afghanistan in which state control has not been fully exercised given ethnic and tribal affiliations. (4) The security and stability of Pakistan is vital to the national security of the United States, and the consequences of failure poses a grave threat to the security of the American people, the region, and United States allies. (5) The objectives of United States policy toward Pakistan are to empower and enable Pakistan to-- (A) develop into a prosperous and democratic state that is at peace with itself and with its neighbors; (B) actively confront, and deny safe haven to, al Qaeda, the Taliban, and other extremists; (C) implement the economic, legal, and social reforms required to create an environment that discourages violent Islamic extremism; and (D) maintain robust command and control over its nuclear weapons technology. SEC. 3. COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN FOR PAKISTAN. (a) In General.--Not later than 30 days after the date of the enactment of the Supplemental Appropriations Act of 2009, the President shall develop and transmit to the appropriate congressional committees a comprehensive interagency strategy and implementation plan for long- term security and stability in Pakistan which shall be composed of the elements specified in subsection (b). (b) Elements.--The comprehensive interagency strategy and implementation plan required by subsection (a) shall contain at least the following elements: (1) A description of how United States assistance described in section 4 will be used to achieve the objectives of United States policy toward Pakistan. (2) Progress toward the following: (A) Assisting efforts to enhance civilian control and a stable constitutional government in Pakistan and promote bilateral and regional trade and economic growth. (B) Developing and operationally enabling Pakistani security forces so they are capable of succeeding in sustained counter-insurgency and counter-terror operations. (C) Shutting down Pakistani safe havens for extremists. (D) Improving Pakistan's capacity and capability to ``hold'' and ``build'' areas cleared of insurgents to prevent their return. (E) Developing and strengthening mechanisms for Pakistan-Afghanistan cooperation. (3) A financial plan and description of the resources, programming, and management of United States foreign assistance to Pakistan, including the criteria used to determine their prioritization. (4) A complete description of both the evaluation process for reviewing and adjusting the strategy and implementation as necessary, and measures of effectiveness for the implementation of the strategy. (c) Intelligence Support.--The Director of National Intelligence shall provide intelligence support to the development of the comprehensive interagency strategy and implementation plan required by subsection (a). (d) Updates of Strategy.--The President shall transmit in writing to the appropriate congressional committees any updates of the comprehensive interagency strategy and implementation plan required by subsection (a), as necessary. SEC. 4. AUTHORIZATION OF ASSISTANCE FOR PAKISTAN. (a) Foreign Assistance Act of 1961.--There is authorized to be appropriated to the President, for the purposes of providing assistance to Pakistan under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), $1,500,000,000 or such sums as may be necessary for each of the fiscal years 2010 through 2013. (b) Pakistan Counterinsurgency Capability Fund.--There is authorized to be appropriated to the President, for the purposes of building a more effective counterinsurgency capability in Pakistan's security forces, up to $700,000,000 for the Pakistan Counterinsurgency Capability Fund, for fiscal year 2010. (c) Use of Funds.--Amounts authorized to be appropriated under this section or otherwise made available to carry out this Act shall be used to the maximum extent practicable as direct expenditures for programs, projects, and activities, subject to existing reporting and notification requirements. SEC. 5. CONGRESSIONAL BRIEFING AND NOTIFICATION REQUIREMENTS. (a) Briefing.--Not later than 30 days after the date of the transmission of the comprehensive interagency strategy and implementation plan required by section 3, and quarterly thereafter through December 1, 2013, the President, acting through the Secretary of State and the Secretary of Defense, shall brief the appropriate congressional committees on the status of the comprehensive interagency strategy and implementation plan. (b) Notification.--The President shall notify the appropriate congressional committees not later than 30 days prior to obligating any assistance described in section 4 as budgetary support to the Government of Pakistan or to any persons, agencies, instrumentalities, or elements of the Government of Pakistan and shall describe the purpose and conditions attached to any such budgetary support assistance. The President shall notify the appropriate congressional committees not later than 30 days prior to obligating any other type of assistance described in section 4. SEC. 6. DEFINITION. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.

Summary: United States-Pakistan Security and Stability Act - Directs the President to develop and transmit to the appropriate congressional committees, with intelligence support from the Director of National Intelligence, a comprehensive interagency strategy and implementation plan for long-term security and stability in Pakistan. Authorizes appropriations for: (1) Pakistan; and (2) the Pakistan Counterinsurgency Capability Fund.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Outer Continental Shelf Enhanced Exploration and Deep Water Incentives Act''. SEC. 2. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS ACT. (a) Incentives.--Section 8(a)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)) is amended to read as follows: ``(3)(A) The Secretary, at his own discretion or on petition of a lessee, in order-- ``(i) to promote development and new production on producing or nonproducing leases, through primary, secondary, or tertiary recovery means; or ``(ii) to encourage production of marginal or uneconomic resources on producing or nonproducing leases, which may include the use of primary, secondary, or tertiary recovery means, may reduce, suspend, or eliminate any royalty or net profit share set forth in the leases. In the case of a petition of a lessee, the Secretary shall make a final determination under this subparagraph within 6 months after the submittal of such petition. ``(B)(i) Notwithstanding any other provision of this Act, except as provided in clauses (ii) and (iii) of this subparagraph, no royalty payment shall be due on new production from any lease located in water depths of 200 meters or greater until the capital costs directly related to such new production have been recovered by the lessee out of the proceeds from such new production. ``(ii) Notwithstanding clause (i), in any month during which the arithmetic average of the closing prices for the earliest delivery month on the New York Mercantile Exchange for Light Sweet crude oil exceeds $28.00 per barrel, any production of oil described in clause (i) shall be subject to royalties at the lease stipulated rate. ``(iii) Notwithstanding clause (i), in any month during which the arithmetic average of the closing prices for the earliest delivery month on the New York Mercantile Exchange for natural gas exceeds $3.50 per million British thermal units, any production of natural gas described in clause (i) shall be subject to royalties at the lease stipulated rate. ``(iv) The prices referred to in clauses (ii) and (iii) of this subparagraph shall be changed during any calendar year after 1993 by the percentage if any by which the consumer price index changed during the preceding calendar year, as defined in section 111(f)(4) of the Internal Revenue Code of 1986. ``(v) Nothing in this subparagraph shall be construed to affect any requirement under this section to pay bonus bids. ``(vi) For purposes of this subparagraph-- ``(I) the term `capital costs' shall be defined by the Secretary, shall include exploration costs incurred after the acquisition of the lease and development and capital production costs directly related to new production, shall not include any amounts paid as bonus bids or paid as royalties pursuant to clause (ii) or (iii), and shall be adjusted to reflect changes in the consumer price index, as defined in section 111(f)(4) of the Internal Revenue Code of 1986; and ``(II) the term `new production' means any production from a lease from which no royalties have been due on production, other than test production, prior to the date of the enactment of the Outer Continental Shelf Enhanced Exploration and Deep Water Incentives Act, or any production resulting from lease development activities under a development and production plan approved by the Secretary under section 25 after the date of the enactment of the Outer Continental Shelf Enhanced Exploration and Deep Water Incentives Act.''. (b) Frontier Areas.--Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following new subsection: ``(i) The Secretary shall, in each leasing program prepared under this section, designate as frontier areas portions of the outer Continental Shelf, if any, with respect to which the Secretary will exercise authority under section 8(a)(3)(A) to reduce, suspend, or eliminate the requirement to pay royalties. Any such designation shall include a full description of the terms of such reduction, suspension, or elimination. In designating frontier areas under this subsection, the Secretary shall take into consideration the increased capital costs associated with exploration and development in coastal or marine environments, including arctic environments, with special environmental protection requirements.''. SEC. 3. REGULATIONS. (a) Incentives.--The Secretary shall, within 180 days after the date of the enactment of this Act, issue such rules and regulations as are necessary to implement the amendment made by section 2(a). (b) Frontier Areas.--The Secretary shall, within 1 year after the date of the enactment of this Act, issue regulations defining the term ``frontier area'' for purposes of carrying out section 18(i) of the Outer Continental Shelf Lands Act.

Summary: Outer Continental Shelf Enhanced Exloration and Deep Water Incentives Act - Amends the Outer Continental Shelf Lands Act to authorize the Secretary of the Interior to suspend any royalty or net profit share set forth in Outer Continental Shelf (OCS) oil or gas leases. Declares that no royalty payment shall be due on new production from leases located in depths of 200 meters or more until the capital costs directly related to such production have been recovered out of the resulting proceeds. Requires the Secretary to designate as frontier areas those portions of the OCS with respect to which the Secretary will exercise authority to modify royalty payment requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Climate Change Through Individual Action Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Agricultural, grassland, and forestry practices play an essential role in capturing atmospheric carbon and sequestering it as soil organic matter. (2) Released carbon can be captured through improved grassland management, tree planting, forest preservation, and enhanced agronomic and irrigation practices. (3) Promoting increased natural carbon sinks could have a significant impact on the world's projected carbon emissions from the burning of fossil fuels. (4) Certain agricultural and forestry practices can reduce greenhouse gases: (A) avoiding emissions by maintaining existing carbon storage in trees and soils; (B) increasing carbon storage by, e.g., tree planting, conversion from conventional to conservation tillage practices on agricultural lands; (5) The large potentials exist through known cropping and land management practices such as adoption of no-till, reduced fallow and use of cover crops, and conservation set-asides with perennial grasses and trees. SEC. 3. CARBON SEQUESTRATION AND SOIL CONSERVATION CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45O. CARBON SEQUESTRATION AND SOIL CONSERVATION. ``(a) In General.--For purposes of section 38, in the case of a taxpayer engaged in the business of farming, the credit determined under this section for the taxable year is an amount equal to 30 percent of the qualified carbon sequestration and soil conservation expenditures for the taxable year which are paid or incurred with respect to the land used in such farming. ``(b) Limitation.--The credit allowed with respect to a taxpayer under this section for a taxable year shall not exceed an amount equal to $10,000, reduced by the sum of the credits allowed with respect to the taxpayer under subsection (a) for all preceding taxable years. ``(c) Qualified Carbon Sequestration and Soil Conservation Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified carbon sequestration and soil conservation expenditures' means amounts paid or incurred to sequester carbon and conserve soil, including-- ``(A) expenditures described in section 175(c), ``(B) conservation tillage expenditures, ``(C) cover cropping expenditures, ``(D) amounts paid or incurred to increase the nitrogen use efficiency (other than use of nitrogen fertilizers) of land used in farming, and ``(E) amounts paid or incurred for multiple year rotations, including introduction of a perennial that reduces carbon loss and tillage, builds soil tilth, and increases carbon capture capacity. ``(2) Conservation tillage expenditures.--The term `conservation tillage expenditures' means any expenditures paid or incurred for a tilling and planting method in which at least 30 percent of the previous crop residue remains on the soil after planting the current crop. Such term includes the following tilling practices: no till, ridge till, minimum till, and mulch till. ``(3) Cover cropping expenditures.--The term `cover cropping expenditures' means expenditures paid or incurred for the preparation and seeding of land for any grass, legume, or small grain-- ``(A) which is not the primary crop of the taxpayer, ``(B) the primary purpose of which is to achieve one or more of the following: reduction in erosion; maintenance or improvement in soil fertility, tilth, and structure, ``(C) a purpose of which may be interruption of pest cycles or conservation of water. ``(d) Per Acre Credit Alternative.-- ``(1) In general.--Not later than 180 days after the date of the enactment of this section, the Secretary shall, in consultation with the Secretary of Agriculture, establish an alternative procedure for determining the credit under subsection (a), which, at the election of the taxpayer, shall be treated as the amount determined under subsection (a). ``(2) Procedure described.--(A) The Secretary shall establish credit amounts to apply to land used in farming on a per acre basis with respect to each method of carbon sequestration and soil conservation described in subsection (c)(1). ``(B) Such credit amounts shall be based on the efficacy of the method in sequestering carbon and preventing soil erosion. ``(C) No such credit amount may exceed $15 per acre. ``(D) The Secretary shall prescribe rules similar to the rules of paragraphs (1) through (4) of subsection (e) to apply for purposes of the procedure established under this subsection. ``(3) Election.--An election to use such alternative method shall be made in such form and manner as the Secretary may prescribe, and shall apply to the taxable year for which made and for all subsequent taxable years. ``(e) Definition and Special Rules.-- ``(1) Land used in farming.--For purposes of this section, land shall be treated as used in farming only if such land is used (before or simultaneously with the expenditures described in subsection (c)(1)) by the taxpayer or his tenant for the production of crops, fruits, or other agricultural products or for the sustenance of livestock. ``(2) Expenditures must be consistent with soil conservation plan.--Notwithstanding any other provision of this section, subsection (a) shall not apply to any expenditures unless such expenditures are consistent with-- ``(A) the plan (if any) approved by the Soil Conservation Service of the Department of Agriculture for the area in which the land is located, or ``(B) if there is no plan described in clause (i), any soil conservation plan of a comparable State agency. ``(3) Basis adjustment.--For purposes of this subtitle, if a credit is determined under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this paragraph) result from such expenditure shall be reduced by the amount of the credit so determined. ``(4) Denial of double benefit.--No deduction or other credit shall be allowed under this chapter for any amount taken into account in determining the credit under this section. ``(f) Termination.--This section shall not apply to taxable years beginning after December 31, 2013.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting ``plus'', and by adding at the end the following new paragraph: ``(32) the carbon sequestration and soil conservation credit determined under section 45O(a).''. (c) Conforming Amendments.--Subsection (a) of section 1016 of such Code (relating to adjustments to basis) is amended by striking ``and'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``and'', and by adding at the end the following new paragraph: ``(37) to the extent provided in section 45O(e).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45O. Carbon sequestration and soil conservation.''. (e) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred after December 31, 2008. SEC. 4. QUALIFYING PLANTING EXPENDITURE CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30D. QUALIFIED PLANTING EXPENDITURE CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the qualified planting expenditures of the taxpayer for the taxable year. ``(b) Limitations.--The amount taken into account under subsection (a) for any taxable year shall not exceed-- ``(1) in the case of expenditures paid or incurred by the taxpayer with respect to an area which is included under section 121 as part of the taxpayer's principal residence, $5,000, ``(2) in the case of expenditures paid or incurred by the taxpayer in the course of, or with respect to, a trade or business carried on by the taxpayer, $50,000, and ``(3) in any other case, zero. ``(c) Qualified Planting Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualifying planting expenditures' means expenditures paid or incurred-- ``(A) for the purchase and planting of any tree, plant, shrub, or bush which meets the requirements of paragraph (2), and ``(B) for the purchase and installation of a vegetated roof system. Such term shall not include expenditures relating to any property which is held by the taxpayer for use in a trade or business or for the production of income, or which is property described in section 1221(a)(1) in the hands of the taxpayer. ``(2) Trees, plants, shrubs, or bushes.--A tree, plant, shrub, or bush satisfies the requirements of the paragraph if such tree, plant, shrub, or bush is certified, in accordance with guidance prescribed by the Secretary (after consultation with the Administrator of the Environmental Protection Agency and the Secretary of Agriculture), to be quick-growing, appropriate for the region in which it is planted, and effective in capturing carbon. ``(3) Vegetated roof system.--The term `vegetated roof system' means a system by which vegetation growing in a substrate is integrated with the roof (or portion thereof) of a building owned by the taxpayer. ``(d) Application With Other Credits.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(1) the regular tax liability (as defined in section 26(b)) reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, and 30C, over ``(2) the tentative minimum tax for the taxable year. ``(e) Definition and Special Rules.--For purposes of this section-- ``(1) Principal residence.--The term `principal residence' has the same meaning as when used in section 121, except that no ownership requirement shall be imposed. ``(2) Joint occupancy, cooperative housing corporations, and condominium management associations.--Rules similar to the rules of paragraphs (4), (5), and (6) of section 25D(e) shall apply. ``(3) Expenditures outside united states.--The credit under this section shall not be allowed with respect to expenditures paid or incurred for areas located outside the United States. ``(4) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section for an expenditure, the increase in basis which would result (but for this subsection) from such expenditure shall be reduced by the amount of credit allowed under this section. ``(f) Termination.--This section shall not apply to taxable years beginning after December 31, 2013.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016, as amended by section 3, is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30D(e)(4).''. (2) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30C the following new item: ``Sec. 30D. Qualified planting expenditure credit.''. (c) Effective Date.--The amendments made by this section shall apply to expenditures paid or incurred after December 31, 2008. SEC. 5. GRASSLAND, RANGELAND, AND FOREST CONSERVATION CREDIT. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Department of Agriculture, shall establish an appropriate tax credit, with respect to land located in the United States, for-- (1) the conversion of cropland to pasture for grazing purposes or to grassland or rangeland, and (2) reforestation and afforestation of land-- (A) which is not held by the taxpayer for the planting, cultivating, caring for, and cutting of trees for sale or use in the commercial production of timber products, and (B) with trees which are not held by the taxpayer for use in a trade or business or for the production of income. (b) Other Rules Relating to Credit.-- (1) Credit to be per acre.--The Secretary shall establish credit amounts to apply to land on a per acre basis with respect to each method of conservation described in subsection (a). (2) Pursuant to approved plan.--Such methods must be pursuant to a plan submitted by the taxpayer and approved by the Secretaries of the Treasury and Agriculture. (3) Basis for credit amounts.--Credit amount shall be based on-- (A) the efficacy of the method in sequestering carbon and preventing soil erosion, (B) the expenditures relating to such method, and (C) the number of years the taxpayer certifies to the Secretary or ensures (by conservation easement or otherwise) that the applicable land will remain subject to the approved plan. (4) Recapture.--The Secretary shall provide for recapturing the benefit of any credit allowed under this section with respect to any property that ceases to be used in accordance with the approved plan. (5) Denial of double benefit and basis adjustment.--The Secretary shall provide-- (A) an appropriate basis adjustment for property with respect to which such credit is allowed, and (B) rules disallowing such deductions and other credits as may be appropriate to avoid allowing additional tax benefits for the same conservation method or expenses. (c) Effective Date.--The credit established by the Secretary shall apply to taxable years beginning after December 31, 2008. SEC. 6. CARBON SEQUESTRATION CREDIT REPORT. (a) In General.--In the case of any substantial change in the carbon sequestration market (including the enactment into law of a carbon cap and trade program), the Secretary of the Treasury shall, in consultation with any appropriate Federal officers, study such change and any effect of such change on the efficiency of, and need for, the credits allowed under section 5 of this Act and sections 45O and 30D of the Internal Revenue Code of 1986. (b) Report.--As soon as practicable after sufficient opportunity to observe the effect of such change in the carbon sequestration market, the Secretary shall submit a report to Congress containing the results of the study conducted under subsection (a) and any recommendations of the Secretary for modifying such credits based on such results.

Summary: Combating Climate Change Through Individual Action Act of 2008 - Amends the Internal Revenue Code to allow tax credits for: (1) 30% of carbon sequestration and soil conservation expenditures made by taxpayers engaged in the business of farming; (2) 10% of qualifying planting expenditures, including expenditures for the purchase and planting of any tree, plant, shrub, or bush, and the purchase and installation of a vegetated roof system; (3) the conversion of cropland to pasture for grazing purposes or to grassland or rangeland; and (4) certain types of reforestation and afforestation of land.


SECTION 1. SHORT TITLE. This Act may be cited as the ``TPS Reform Act of 2016''. SEC. 2. TEMPORARY PROTECTED STATUS. (a) Power To Designate a Foreign State.--Section 244(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) is amended-- (1) by striking paragraphs (1), (2), and (3) and inserting the following: ``(1) Initial designation.--For purposes of this section, a foreign state shall be designated upon the enactment of an Act that satisfies the following requirements: ``(A) The Act shall contain a finding-- ``(i) that there is an ongoing armed conflict within the state and, due to such conflict, requiring the return of aliens who are nationals of that state (or to the part of the state) would pose a serious threat to their personal safety; ``(ii) that-- ``(I) there has been an earthquake, flood, drought, epidemic, or other immediately life-threatening environmental disaster in the state resulting in a substantial, but temporary, disruption of living conditions in the area affected; ``(II) the foreign state is unable, temporarily, to handle adequately the return to the state of aliens who are nationals of the state; and ``(III) the foreign state officially has requested designation under this subparagraph; or ``(iii) that there exist extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals of the state from returning to the state in safety and that permitting the aliens to remain temporarily in the United States is not contrary to the national interest of the United States. ``(B) The Act shall include-- ``(i) an estimate of the number of nationals of the foreign state who are (or within the effective period of the designation are likely to become) eligible for temporary protected status under this section; ``(ii) such nationals' immigration status in the United States; and ``(iii) a time period for the effectiveness of the designation that is not greater than 18 months. ``(2) Termination.-- ``(A) Timely termination.--If an initial designation of a foreign state is not extended under paragraph (3), the initial designation shall terminate at the end of the time period described in paragraph (1)(B)(iii). ``(B) Early termination.--For purposes of this section, the designation of a foreign state shall be terminated upon the enactment of an Act that contains a finding that the foreign state (or part of such foreign state) no longer meets the conditions for designation under paragraph (1)(A). ``(3) Extension.--For purposes of this section, the time period for the effectiveness of the designation of a foreign state shall be extended upon the enactment of an Act that includes-- ``(A) a finding that the conditions for designation under paragraph (1)(A) continue to be met; and ``(B) a time period for the effectiveness of the extension that is not greater than 12 months.''; and (2) in paragraph (5)(A), by striking ``of the Attorney General'' and inserting ``made in any Act''. (b) Aliens Lacking Lawful Immigration Status.--Section 244(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)) is amended-- (1) in clause (i), by striking ``, or'' at the end and inserting a semicolon; (2) in clause (ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(iii) the alien lacks a lawful immigration status.''. (c) Conforming Amendments.--Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a et seq.) is amended-- (1) in subsection (d)(3), by striking ``If the Attorney General terminates the designation of a foreign state (or part of such foreign state) under subsection (b)(3)(B)'' and inserting ``If the designation of a foreign state (or part of such foreign state) is terminated under section 244(b)(2)''; and (2) in subsection (i)(1)-- (A) in subparagraph (A), by striking the comma at the end and adding ``; and''; (B) in subparagraph (B), by striking ``, and'' at the end and inserting a period; and (C) by striking subparagraph (C). (d) Technical Corrections.--Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), as amended by subsections (a) and (b) of this Act, is further amended by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''.

Summary: TPS Reform Act of 2016 This bill amends the Immigration and Nationality Act to revise the criteria for designation of a foreign state as eligible to have its citizens be given temporary protected status (TPS) in the United States. Such revisions include the following: (1) such a foreign state shall be designated by an Act of Congress rather than by the Department of Justice; (2) such Act must find that an environmental disaster in such a foreign state is immediately life-threatening; (3) such Act may provide for early termination of a foreign state's designation; (4) such Act shall include an estimate of the number of a foreign state's nationals who are TPS eligible, their U.S. immigration status, and a time period for the effectiveness of the designation of not more than 18 months; and (5) an alien lacking lawful immigration status shall be ineligible for TPS.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Call-Up Relief Act''. SEC. 2. WAIVER OF EARLY WITHDRAWAL PENALTY FOR DISTRIBUTIONS FROM QUALIFIED RETIREMENT PLANS TO INDIVIDUALS CALLED TO ACTIVE DUTY DURING THE NATIONAL EMERGENCY DECLARED BY THE PRESIDENT ON SEPTEMBER 14, 2001. (a) Waiver For Certain Distributions.-- (1) In general.--Section 72(t)(2) of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following: ``(G) Distributions to individuals performing national emergency active duty.--Any distribution to an individual who, at the time of the distribution, is a member of a reserve component called or ordered to active duty pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, during the period of the national emergency declared by the President on September 14, 2001.''. (2) Waiver of underpayment penalty.--Section 6654(e)(3) of such Code (relating to waiver in certain cases) is amended by adding at the end the following: ``(C) Certain early withdrawals from retirement plans.--No addition to tax shall be imposed under subsection (a) with respect to any underpayment to the extent such underpayment was created or increased by any distribution described in section 72(t)(2)(G).''. (3) Effective date.--The amendments made by this subsection shall apply to distributions made to an individual after September 13, 2001. (b) Catch-up Contributions Allowed.-- (1) Individual retirement accounts.--Section 219(b)(5) of the Internal Revenue Code of 1986 (relating to deductible amount) is amended by adding at the end the following: ``(D) Catch-up contributions for certain distributions.--In the case of an individual who has received a distribution described in section 72(t)(2)(G), the deductible amount for any taxable year shall be increased by an amount equal to-- ``(i) the aggregate amount of such distributions (not attributable to earnings) made with respect to such individual, over ``(ii) the aggregate amount of such distributions (not attributable to earnings) previously taken into account under this subparagraph or section 414(w).''. (2) Roth iras.--Section 408A(c) of such Code (relating to treatment of contributions) is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following: ``(7) Catch-up contributions for certain distributions.-- Any contribution described in section 219(b)(5)(D) shall not be taken into account for purposes of paragraph (2).''. (3) Employer plans.--Section 414 of such Code (relating to definitions and special rules) is amended by adding at the end the following: ``(w) Catch-up contributions for certain distributions.-- ``(1) In general.--An applicable employer plan shall not be treated as failing to meet any requirement of this title solely because the plan permits an applicable participant to make additional elective deferrals in any plan year. ``(2) Limitation on amount of additional deferrals.-- ``(A) In general.--A plan shall not permit additional elective deferrals under paragraph (1) for any year in an amount greater than the lesser of-- ``(i) the applicable dollar amount, or ``(ii) the excess (if any) of-- ``(I) the participant's compensation (as defined in section 415(c)(3)) for the year, over ``(II) any other elective deferrals of the participant for such year which are made without regard to this subsection. ``(B) Applicable dollar amount.--For purposes of this paragraph, the applicable dollar amount with respect to a participant shall be an amount equal to-- ``(i) the aggregate amount of distributions described in section 72(t)(2)(G) (not attributable to earnings) made with respect to such participant, over ``(ii) the aggregate amount of such distributions (not attributable to earnings) previously taken into account under this subsection or section 219(b)(5)(B). ``(3) Treatment of contributions.--Rules similar to the rules of paragraphs (3) and (4) of subsection (v) shall apply with respect to contributions made under this subsection. ``(4) Definitions.--For purposes of this subsection, the terms `applicable employer plan' and `elective deferral' have the same meanings given such terms in subsection (v)(6).''. (4) Conforming amendment.--Section 414(v)(2)(A)(ii)(II) of such Code (relating to limitation on amount of additional deferrals) is amended by inserting ``(other than deferrals under subsection (w))'' after ``deferrals''. (5) Effective date.--The amendments made by this subsection shall apply to contributions in taxable years ending after December 31, 2001.

Summary: Military Call-up Relief Act - Amends the Internal Revenue Code to waive the ten percent early withdrawal penalty for distributions from qualified retirement plans to individuals called to active duty during the national emergency declared by the President on September 14, 2001.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Timely Payment for Veterans' Medical Care Act''. SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ENTER INTO CONTRACTS WITH ADMINISTRATIVE CONTRACTORS FOR THE PROCESSING OF CLAIMS FOR HOSPITAL CARE AND MEDICAL SERVICES FURNISHED IN NON-DEPARTMENT OF VETERANS AFFAIRS FACILITIES. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1725 the following new section: ``Sec. 1725A. Authority to enter into contracts with administrative contractors ``(a) Authority.--(1) The Secretary may enter into contracts with any eligible entity to serve as an administrative contractor with respect to the performance of any or all of the functions described in paragraph (4) or parts of those functions (or, to the extent provided in a contract, to secure performance thereof by other entities). ``(2) An entity is eligible to enter into a contract with respect to the performance of a particular function described in paragraph (4) only if-- ``(A) the entity has demonstrated capability to carry out such function; ``(B) the entity complies with such conflict of interest standards as are generally applicable to Federal acquisition and procurement; ``(C) the entity has sufficient assets to financially support the performance of such function; ``(D) the entity has the ability to accept and process electronic filings of medical records; and ``(E) the entity meets such other requirements as the Secretary may impose. ``(3)(A) For purposes of this section, the term `administrative contractor' means an agency, organization, or other person with a contract under this section. ``(B) With respect to the performance of a particular function in relation to an individual enrolled in the patient enrollment system under section 1705 of this title, the `appropriate' administrative contractor is the administrative contractor that has a contract under this section with respect to the performance of that function in relation to that individual, or non-Department facility. ``(4) The functions referred to in this paragraph are the following functions relating to the furnishing of medical care and hospital services in non-Department facilities under section 1725 or 1728 of this title: ``(A) Determining the amount of the payments required pursuant to this title to be made to a non-Department facility. ``(B) Making payments described in subparagraph (A) (including receipt, disbursement, and accounting for funds in making such payments). ``(C) Providing education and outreach to individuals enrolled in the patient enrollment system under section 1705 of this title and providing assistance to those individuals with specific issues, concerns, or problems. ``(D) Providing consultative services to institutions, agencies, and other persons to enable them to establish and maintain fiscal records necessary for purposes of this title. ``(E) Communicating to non-Department facilities any information or instructions furnished to the administrative contractor by the Secretary, and facilitating communication between such facilities and the Secretary. ``(F) Performing the functions relating to non-Department facility education, training, and technical assistance. ``(G) Performing such other functions as are necessary to carry out the purposes of this title. ``(5) Except to the extent inconsistent with a specific requirement of this section, the Federal Acquisition Regulation applies to contracts under this section. ``(b) Contracting Requirements.--(1)(A) Except as provided in laws with general applicability to Federal acquisition and procurement or in subparagraph (B), the Secretary shall use competitive procedures when entering into contracts with administrative contractors under this section, taking into account performance quality as well as price and other factors. ``(B) The Secretary may renew a contract with an administrative contractor under this section from term to term without regard to section 5 of title 41, United States Code, or any other provision of law requiring competition, if the administrative contractor has met or exceeded the performance requirements applicable with respect to the contract and contractor, except that the Secretary shall provide for the application of competitive procedures under such a contract not less frequently than once every 5 years. ``(C) The Secretary may transfer functions among administrative contractors consistent with the provisions of this paragraph. The Secretary shall ensure that performance quality is considered in such transfers. The Secretary shall provide public notice (whether in the Federal Register or otherwise) of any such transfer (including a description of the functions so transferred, a description of the non- Department facilities affected by such transfer, and contact information for the contractors involved). ``(D) The Secretary shall provide incentives for administrative contractors to provide quality service and to promote efficiency. ``(2) No contract under this section shall be entered into with any administrative contractor unless the Secretary finds that such administrative contractor will perform its obligations under the contract efficiently and effectively and will meet such requirements as to financial responsibility, legal authority, quality of services provided, and other matters as the Secretary finds pertinent. ``(3)(A)(i) The Secretary shall develop contract performance requirements to carry out the specific requirements applicable under this title to a function described in subsection (a)(4) and shall develop standards for measuring the extent to which a contractor has met such requirements. Such requirements shall include specific performance duties expected of a medical director of an administrative contractor, including requirements relating to professional relations and the availability of such director to conduct medical determination activities within the jurisdiction of such a contractor. ``(ii) In developing such performance requirements and standards for measurement, the Secretary shall consult with non-Department facilities, veterans service organizations, and organizations and agencies performing functions necessary to carry out the purposes of this section with respect to such performance requirements. ``(iii) The Secretary shall make such performance requirements and measurement standards available to the public. ``(B) The Secretary shall include, as one of the standards developed under subparagraph (A), non-Department facility and veteran satisfaction levels. ``(C) All contractor performance requirements shall be set forth in the contract between the Secretary and the appropriate administrative contractor. Such performance requirements-- ``(i) shall reflect the performance requirements published under subparagraph (A), but may include additional performance requirements; ``(ii) shall be used for evaluating contractor performance under the contract; and ``(iii) shall be consistent with the written statement of work provided under the contract. ``(4) The Secretary shall not enter into a contract with an administrative contractor under this section unless the contractor agrees-- ``(A) to furnish to the Secretary such timely information and reports as the Secretary may find necessary in performing the functions of the Secretary under this title; and ``(B) to maintain such records and afford such access thereto as the Secretary finds necessary to assure the correctness and verification of the information and reports under subparagraph (A) and otherwise to carry out the purposes of this title. ``(5) A contract with an administrative contractor under this section may require the administrative contractor, and any of its officers or employees certifying payments or disbursing funds pursuant to the contract, or otherwise participating in carrying out the contract, to give surety bond to the United States in such amount as the Secretary may deem appropriate. ``(c) Terms and Conditions.--A contract with any administrative contractor under this section may contain such terms and conditions as the Secretary finds necessary or appropriate and may provide for advances of funds to the administrative contractor for the making of payments by it under subsection (a)(4)(B). ``(d) Limitation on Liability of Administrative Contractors and Certain Officers.--(1) No individual designated pursuant to a contract under this section as a certifying officer shall, in the absence of the reckless disregard of the individual's obligations or the intent by that individual to defraud the United States, be liable with respect to any payments certified by the individual under this section. ``(2) No disbursing officer shall, in the absence of the reckless disregard of the officer's obligations or the intent by that officer to defraud the United States, be liable with respect to any payment by such officer under this section if it was based upon an authorization (which meets the applicable requirements for such internal controls established by the Comptroller General of the United States) of a certifying officer designated as provided in paragraph (1) of this subsection. ``(3)(A) No administrative contractor shall be liable to the United States for a payment by a certifying or disbursing officer unless, in connection with such payment, the administrative contractor acted with reckless disregard of its obligations under its administrative contract or with intent to defraud the United States. ``(B) Nothing in this subsection shall be construed to limit liability for conduct that would constitute a violation of sections 3729 through 3731 of title 31, United States Code. ``(4)(A) Subject to subparagraphs (B) and (D), in the case of an administrative contractor (or a person who is a director, officer, or employee of such a contractor or who is engaged by the contractor to participate directly in the claims administration process) who is made a party to any judicial or administrative proceeding arising from or relating directly to the claims administration process under this title, the Secretary may, to the extent the Secretary determines to be appropriate and as specified in the contract with the contractor, indemnify the contractor and such persons. ``(B) The Secretary may not provide indemnification under subparagraph (A) insofar as the liability for such costs arises directly from conduct that is determined by the judicial proceeding or by the Secretary to be criminal in nature, fraudulent, or grossly negligent. If indemnification is provided by the Secretary with respect to a contractor before a determination that such costs arose directly from such conduct, the contractor shall reimburse the Secretary for costs of indemnification. ``(C) Indemnification by the Secretary under subparagraph (A) may include payment of judgments, settlements (subject to subparagraph (D)), awards, and costs (including reasonable legal expenses). ``(D) A contractor or other person described in subparagraph (A) may not propose to negotiate a settlement or compromise of a proceeding described in such subparagraph without the prior written approval of the Secretary to negotiate such settlement or compromise. Any indemnification under subparagraph (A) with respect to amounts paid under a settlement or compromise of a proceeding described in such subparagraph are conditioned upon prior written approval by the Secretary of the final settlement or compromise. ``(E) Nothing in this paragraph shall be construed-- ``(i) to change any common law immunity that may be available to an administrative contractor or person described in subparagraph (A); or ``(ii) to permit the payment of costs not otherwise allowable, reasonable, or allocable under the Federal Acquisition Regulation. ``(e) Requirements for Information Security.--(1) An administrative contractor that performs the functions referred to in subparagraphs (A) and (B) of subsection (a)(4) (relating to determining and making payments) shall implement a contractor-wide information security program to provide information security for the operation and assets of the contractor with respect to such functions under this title. An information security program under this paragraph shall meet the requirements for information security programs imposed on Federal agencies under paragraphs (1) through (8) of section 3544(b) of title 44, United States Code (other than the requirements under paragraphs (2)(D)(i), (5)(A), and (5)(B) of such section). ``(2)(A) Each year an administrative contractor that performs the functions referred to in subparagraphs (A) and (B) of subsection (a)(4) (relating to determining and making payments) shall undergo an evaluation of the information security of the contractor with respect to such functions under this title. The evaluation shall-- ``(i) be performed by an entity that meets such requirements for independence as the Inspector General of the Department of Health and Human Services may establish; and ``(ii) test the effectiveness of information security control techniques of an appropriate subset of the contractor's information systems (as defined in section 3502(8) of title 44, United States Code) relating to such functions under this title and an assessment of compliance with the requirements of this subsection and related information security policies, procedures, standards and guidelines, including policies and procedures as may be prescribed by the Director of the Office of Management and Budget and applicable information security standards promulgated under section 11331 of title 40, United States Code. ``(B)(i) The results of independent evaluations under subparagraph (A) shall be submitted promptly to the Inspector General of the Department and to the Secretary. ``(ii) The Inspector General of the Department shall submit to Congress annual reports on the results of such evaluations, including assessments of the scope and sufficiency of such evaluations. ``(f) Incentives To Improve Contractor Performance in Non- Department Facility Education and Outreach.--The Secretary shall use specific claims payment error rates or similar methodology of administrative contractors in the processing or reviewing of claims in order to give such contractors an incentive to implement effective education and outreach programs for non-Department facilities.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1725 the following new item: ``1725. Authority to enter into contracts with administrative contractors.''.

Summary: Timely Payment for Veterans' Medical Care Act This bill authorizes the Department of Veterans Affairs (VA) to enter into contracts with an eligible entity to serve as an administrative contractor with respect to the performance of any or all of the following functions relating to providing medical care and hospital services in non-VA facilities: determining and making the payments required to be made to a non-VA facility; providing education and outreach to individuals enrolled in the patient enrollment system; providing consultative services to institutions, agencies, and other persons to enable them to maintain necessary fiscal records; communicating to non-VA facilities any information or instructions furnished to the administrative contractor by the VA; and performing functions relating to non-VA facility education, training, and technical assistance. An administrative contractor that performs such payment-related functions shall implement a contractor-wide information security program. The VA shall use claims payment error rates or similar methodology of administrative contractors in the processing or reviewing of claims in order to give such contractors an incentive to implement effective education and outreach programs for non-VA facilities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Defense Energy Savings Act of 2003''. SEC. 2. ENERGY SAVINGS PERFORMANCE CONTRACTS. (a) Contracts Authorized.--The Secretary of Defense may enter into an energy savings performance contract under this section for the sole purpose of achieving energy savings and benefits ancillary to that purpose. The Secretary may incur obligations under the contract to finance energy conservation measures so long as guaranteed savings exceed the debt service requirements. (b) Terms and Conditions.-- (1) Contract period.--Notwithstanding any other provision of law, an energy savings performance contract may be for a period of up to 25 years beginning on the date on which the first payment is made by the Secretary pursuant to the contract. The contract need not include funding of cancellation charges (if any) before cancellation, if-- (A) the contract was awarded in a competitive manner, using procedures and methods established under this section; (B) the Secretary determines that funds are available and adequate for payment of the costs of the contract for the first fiscal year; (C) the contract is governed by part 17.1 of the Federal Acquisition Regulation; and (D) if the contract contains a clause setting forth a cancellation ceiling in excess $10,000,000, the Secretary provides notice to Congress of the proposed contract and the proposed cancellation ceiling at least 30 days before the award of the contract. (2) Costs and savings.--An energy savings performance contract shall require the contractor to incur the costs of implementing energy savings measures, including at least the cost (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel, in exchange for a share of any energy savings directly resulting from implementation of such measures during the term of the contract. (3) Other terms and conditions.--An energy savings performance contract shall require an annual energy audit and specify the terms and conditions of any Government payments and performance guarantees. Any such performance guarantee shall provide that either the Government or the contractor is responsible for maintenance and repair services for any energy related equipment, including computer software systems. (c) Limitation on Annual Contract Payments.--Aggregate annual payments by the Secretary to a contractor for energy, operations, and maintenance under an energy savings performance contract may not exceed the amount that the Department of Defense would have paid for energy, operations, and maintenance in the absence of the contract (as estimated through the procedures developed pursuant to this section) during term of the contract. The contract shall provide for a guarantee of savings to the Department, and shall establish payment schedules reflecting such guarantee, taking into account any capital costs under the contract. (d) Rulemaking.--Not later than 90 days after the date of the enactment of this section, the Secretary, with the concurrence of the Federal Acquisition Regulatory Council, shall issue final rules to establish the procedures and methods for use by the Department of Defense to select, monitor, and terminate energy savings performance contracts in accordance with laws governing Federal procurement that will achieve the intent of this section in a cost-effective manner. In developing such procedures and methods, the Secretary, with the concurrence of the Federal Acquisition Regulatory Council, shall determine which existing regulations are inconsistent with the intent of this section and shall formulate substitute regulations consistent with laws governing Federal procurement. (e) Implementation Procedures and Methods.--The procedures and methods established by rule under subsection (d) shall-- (1) provide for the calculation of energy savings based on sound engineering and financial practices; (2) allow the Secretary to request statements of qualifications, which shall, at a minimum, include prior experience and capabilities of contractors to perform the proposed types of energy savings services and financial and performance information, from firms engaged in providing energy savings services; (3) allow the Secretary to presume that a contractor meets the requirements of paragraph (2) if the contractor either-- (A) has carried out contracts with a value of at least $1,000,000,000 with the Federal Government over the previous 10 years; or (B) is listed by a Federal agency pursuant to section 801(b)(2) of the National Energy Policy Act (42 U.S.C. 8287(b)(2)); (4) allow the Secretary to, from the statements received, designate and prepare a list, with an update at least annually, of those firms that are qualified to provide energy savings services; (5) allow the Secretary to select firms from such list to conduct discussions concerning a particular proposed energy savings project, including requesting a technical and price proposal from such selected firms for such project; (6) allow the Secretary to select from such firms the most qualified firm to provide energy savings services based on technical and price proposals and any other relevant information (7) allow the Secretary to permit receipt of unsolicited proposals for energy savings performance contracting services from a firm that the Department of Defense has determined is qualified to provide such services under the procedures established pursuant to subsection (d) and require facility managers to place a notice in the Commerce Business Daily announcing they have received such a proposal and invite other similarly qualified firms to submit competing proposals; (8) allow the Secretary to enter into an energy savings performance contract with a firm qualified under paragraph (7), consistent with the procedures and methods established pursuant to subsection (d); and (9) allow a firm not designated as qualified to provide energy savings services under paragraph (4) to request a review of such decision to be conducted in accordance with procedures, substantially equivalent to procedures established under section 759(f) of title 40, United States Code, to be developed by the board of contract appeals of the General Services Administration. (f) Transition Rule for Energy Savings Performance Contracts Under National Energy Conservation Policy Act.--In the case of an energy savings performance contract entered into by the Secretary or the Secretary of Energy pursuant to the authority granted by section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287), the Secretary may maintain the contract under this section, making whatever contract modifications as the Secretary determines are necessary to conform to the provisions of this subsection. (g) Pilot Program for Nonbuilding Applications.-- (1) In general.--The Secretary may carry out a pilot program to enter into up to 10 energy savings performance contracts for the purpose of achieving energy savings, secondary savings, and benefits incidental to those purposes, in nonbuilding applications. (2) Selection.--The Secretary shall select the contract projects to demonstrate the applicability and benefits of energy savings performance contracting to a range of non- building applications. (3) Report.--Not later than three years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the progress and results of the pilot program. The report shall include a description of projects undertaken; the energy and cost savings, secondary savings and other benefits that resulted from such projects; and recommendations on whether the pilot program should be extended, expanded, or authorized. (h) Definitions.--In this section: (1) Energy savings.--The term ``energy savings'' means a reduction in the cost of energy, from a base cost established through a methodology set forth in the energy savings performance contract, utilized in an existing federally owned building or buildings or other federally owned facilities as a result of-- (A) the lease or purchase of operating equipment, improvements, altered operation and maintenance, increased capacity or payload, or technical services; or (B) the increased efficient use of existing energy sources by cogeneration or heat recovery, excluding any cogeneration process for other than a federally owned building or buildings or other federally owned facilities. (2) Energy savings performance contract.--The term ``energy savings performance contract'' means a contract that provides for the performance of services for the design, acquisition, installation, testing, operation, and, where appropriate, maintenance and repair of an identified energy conservation measure or series of measures at one or more locations. Such contracts-- (A) may provide for appropriate software licensing agreements; and (B) shall, with respect to an agency facility that is a public building, as defined in section 13(l) of the Public Buildings Act of 1959 (40 U.S.C. 612(l)), be in compliance with the prospectus requirements and procedures of section 7 of the Public Buildings Accountability Act of 1959 (40 U.S.C. 606). (3) Nonbuilding application.--The term ``nonbuilding application'' means-- (A) any class of vehicles, devices, or equipment that is transportable under its own power by land, sea, or air that consumes energy from any fuel source for the purpose of such transportability, or to maintain a controlled environment within such vehicle, device, or equipment; or (B) any Federally owned equipment used to generate electricity or transport water. (4) Secondary savings.--The term ``secondary savings'' means additional energy or cost savings that are a direct consequence of the energy savings that result from the energy efficiency improvements that were financed and implemented pursuant to the energy savings performance contract. Such secondary savings may include energy and cost savings that result from a reduction in the need for fuel delivery and logistical support, personnel cost savings and environmental benefits. In the case of electric generation equipment, secondary savings may include the benefits of increased efficiency in the production of electricity, including revenue received by the Federal Government from the sale of electricity so produced. (5) Secretary.--The term ``Secretary'' means the Secretary of Defense.

Summary: National Defense Energy Savings Act of 2003 - Authorizes the Secretary of Defense to: (1) enter into an energy savings performance contract (for a period of up to 25 years) for the sole purpose of achieving ancillary energy savings and benefits; and (2) incur obligations under the contract to finance energy conservation measures so long as guaranteed savings exceed the debt service requirements. Directs the Secretary to issue final rules establishing implementation procedures and methods that meet specified requirements. Authorizes the Secretary to implement a pilot program to enter into up to ten energy savings performance contracts in nonbuilding applications.