SECTION 1. SHORT TITLE. This Act may be cited as the ``Drive America on Natural Gas Act of 2008''. SEC. 2. RENEWABLE FUEL PROGRAM. (a) Definition of Renewable Fuel.--Effective January 1, 2009, section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (J) and inserting the following: ``(J) Renewable fuel.-- ``(i) In general.--The term `renewable fuel' means fuel that-- ``(I) is produced from renewable biomass; and ``(II) is used to replace or reduce the quantity of fossil fuel present in a transportation fuel. ``(ii) Renewable fuel standard.--For purposes of the renewable fuel standard under paragraph (2), the term `renewable fuel' includes renewable and nonrenewable natural gas, including compressed natural and liquefied natural gas when used as transportation fuel.''. (b) Credit Program.--Effective January 1, 2009, section 211(o)(5)(A) of the Clean Air Act (42 U.S.C. 7545(o)(5)(A)) is amended-- (1) in clause (ii), by striking ``and'' at the end; (2) in clause (iii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iv) for the generation of an appropriate quantity of credits for renewable and nonrenewable natural gas, including compressed natural and liquefied natural gas when used as a transportation fuel.''. SEC. 3. NEW QUALIFIED ALTERNATIVE FUEL MOTOR VEHICLE CREDIT ALLOWED FOR DUAL FUELED AUTOMOBILES. (a) In General.--Clause (i) of section 30B(e)(4)(A) of the Internal Revenue Code of 1986 (relating to definition of new qualified alternative fuel motor vehicle) is amended to read as follows: ``(i) which-- ``(I) is only capable of operating on an alternative fuel, or ``(II) is capable of operating on an alternative fuel and gasoline or diesel fuel,''. (b) Conforming Amendment.--Section 30B(e) of the Internal Revenue Code of 1986 is amended by striking paragraph (5). (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. SEC. 4. NATURAL GAS VEHICLE RESEARCH, DEVELOPMENT, AND DEMONSTRATION PROJECTS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Natural gas.--The term ``natural gas'' means compressed natural gas, liquefied natural gas, biomethane, and mixtures of hydrogen and methane or natural gas. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Program.--The Secretary, in coordination with the Administrator, shall conduct a program of natural gas vehicle research, development, and demonstration. (c) Purpose.--The program under this section shall focus on-- (1) the continued improvement and development of new, cleaner, more efficient light-duty, medium-duty, and heavy-duty natural gas vehicle engines; (2) the integration of those engines into light-duty, medium-duty, and heavy-duty natural gas vehicles for onroad and offroad applications; (3) expanding product availability by assisting manufacturers with the certification of the engines or vehicles described in paragraph (1) or (2) to Federal or California certification requirements and in-use emission standards; (4) the demonstration and proper operation and use of the vehicles described in paragraph (2) under all operating conditions; (5) the development and improvement of nationally recognized codes and standards for the continued safe operation of natural gas vehicles and components; (6) improvement in the reliability and efficiency of natural gas fueling station infrastructure; (7) the certification of natural gas fueling station infrastructure to nationally recognized and industry safety standards; (8) the improvement in the reliability and efficiency of onboard natural gas fuel storage systems; (9) the development of new natural gas fuel storage materials; (10) the certification of onboard natural gas fuel storage systems to nationally recognized and industry safety standards; and (11) the use of natural gas engines in hybrid vehicles. (d) Certification of Conversion Systems.--The Secretary shall coordinate with the Administrator on issues related to streamlining the certification of natural gas conversion systems to the appropriate Federal certification requirements and in-use emission standards. (e) Cooperation and Coordination With Industry.--In developing and carrying out the program under this section, the Secretary shall coordinate with the natural gas vehicle industry to ensure cooperation between the public and the private sector. (f) Conduct of Program.--The program under this section shall be conducted in accordance with sections 3001 and 3002 of the Energy Policy Act of 1992 (42 U.S.C. 13541, 13542). (g) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the implementation of this section. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. SEC. 5. DEVELOPMENT OF LOW-EMISSION NATURAL GAS TRANSPORTATION-FUELED VEHICLES. Part C of title II of the Clean Air Act (42 U.S.C. 7581 et seq.) is amended by adding at the end the following: ``SEC. 251. DEVELOPMENT OF LOW-EMISSION NATURAL GAS TRANSPORTATION- FUELED VEHICLES. ``(a) Definitions.--In this section: ``(1) Alternative fuel.--The term `alternative fuel' means compressed or liquid natural gas. ``(2) Alternative-fueled vehicle.--The term `alternative- fueled vehicle' means a vehicle that is manufactured or converted to operate using alternative fuel. ``(3) Bi-fueled vehicle.--The term `bi-fueled vehicle' means a vehicle that is capable of operating on gasoline or an alternative fuel, but not both at the same time. ``(4) Convert.--The term `convert', with respect to a vehicle, means to modify the engine and other applicable components of the vehicle to enable the vehicle to operate using an alternative fuel (including compressed natural gas). ``(5) OBD system.--The term `OBD system' means an on-board, computer-based diagnostic system built into certain vehicles to monitor the performance of certain primary engine components of the vehicle (including components responsible for controlling emissions). ``(6) Program.--The term `program' means the alternative- fueled vehicle development demonstration program established under subsection (b). ``(7) Small volume manufacturer.-- ``(A) In general.--The term `small volume manufacturer' means a manufacturer of vehicles described in section 86.001-1(e) of title 40, Code of Federal Regulations (or a successor regulation) that is approved and certified in accordance with part 86 of subchapter C of chapter I of title 40, Code of Federal Regulations (or successor regulations). ``(B) Inclusion.--The term `small volume manufacturer' includes a manufacturer of kits or equipment used to convert vehicles. ``(b) Program.-- ``(1) Establishment.--For the period of fiscal years 2009 through 2013, the Administrator shall establish and carry out a demonstration program to assist States in facilitating the development of alternative-fueled vehicles. ``(2) Application.--A State may participate in the program by submitting to the Administrator an application at such time, in such form, and containing such information as the Administrator shall specify. ``(3) Benefits available to participating small volume manufacturers.--Under the program, with respect to small volume manufacturers located in States participating in the program, the Administrator shall, by regulation-- ``(A) waive all fees applicable to small volume manufacturers for the certification and conversion of alternative-fueled vehicles; ``(B) waive requirements for recertification of kits for the conversion of vehicles in any case in which, as determined by the Administrator-- ``(i) the kit has been previously certified for the model of vehicle to be converted; and ``(ii) neither the kit nor the design and specifications of the model of vehicle to be converted have substantially changed; ``(C) modify such regulatory requirements relating to OBD systems as the Administrator determines to be appropriate to provide flexibility to small volume manufacturers in reprogramming OBD systems to be compatible with the use of alternative fuel; ``(D) permit small volume manufacturers to include more vehicles and engines in a single engine category to improve the cost-efficiency of emission testing of converted vehicles; ``(E) waive the liability of small volume manufacturers, in the case of a bi-fueled vehicle capable of operating on gasoline or compressed natural gas, for the compliance of the gasoline system of the bi-fueled vehicle with applicable emission requirements; ``(F) provide additional guidance to small volume manufacturers with respect to the conversion of older models of vehicles; and ``(G) revise and streamline certification requirements applicable to small volume manufacturers. ``(4) State responsibility.--As a condition of participating in the program, during the period of fiscal years 2009 through 2013, a State shall-- ``(A) develop regulations for (as compared to Federal requirements in effect as of the date of enactment of this section) an equally effective but less burdensome system of certifying and verifying emissions of alternative-fueled vehicles and equipment used for conversions; and ``(B) not later than December 31, 2012, submit the proposed regulations of the State to the Administrator for review. ``(c) State Programs.--Upon receipt of proposed regulations of a State under subsection (b)(4), the Administrator shall-- ``(1) review the regulations; and ``(2) if the Administrator determines that the implementation of the regulations would result in (as compared to Federal requirements in effect as of the date of enactment of this section) an equally effective but less burdensome system of certifying and verifying emissions of alternative- fueled vehicles and equipment used for conversions, authorize the State to implement the regulations with respect to small volume manufacturers in the State for the period of fiscal years 2014 through 2018, subject to-- ``(A) the submission of annual reports to the Administrator; and ``(B) such periodic inspection and other oversight requirements as the Administrator determines to be appropriate. ``(d) Duration of Program.--The program and all authority under the program (other than the authority of the Administrator described in subsection (c)) shall terminate on December 31, 2013, unless the Administrator-- ``(1) in consultation with the States, elects to continue the program; and ``(2) promulgates such regulations as are necessary to continue the program. ``(e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. SEC. 6. NATURAL GAS CONVERSION EMISSION CERTIFICATIONS. Part C of title II of the Clean Air Act (42 U.S.C. 7581 et seq.) (as amended by section 5) is amended by adding at the end the following: ``SEC. 252. NATURAL GAS CONVERSION EMISSION CERTIFICATIONS. ``(a) In General.--The Administrator shall waive requirements for recertification of kits for the conversion of vehicles into vehicles that are powered by natural gas in any case in which, as determined by the Administrator-- ``(1) the kit has been previously certified for the model of vehicle to be converted; and ``(2) neither the kit nor the design and specifications of the model of vehicle to be converted have substantially changed. ``(b) Older Vehicles.--The Administrator shall waive emission certification system requirements for a vehicle that is over 10 years old or has over 120,000 miles that is powered by natural gas.''.

Summary: Drive America on Natural Gas Act of 2008 - Amends the Clean Air Act to: (1) redefine renewable fuel to include renewable and nonrenewable natural gas (NG), including compressed natural (CNG) and liquefied natural gas (LNG); and (2) require fuel credit program regulations to provide for generation of credits for renewable and nonrenewable natural gas. Amends the Internal Revenue Code to allow a new qualified alternative fuel motor vehicle credit for dual fueled automobiles. Directs the Secretary of Energy, in coordination with the Administrator of the Environmental Protection Agency (EPA), to conduct a program of natural gas vehicle research, development, and demonstration, with a particular emphasis on streamlining the certification of NG conversion systems. Directs the EPA Administrator to: (1) establish a demonstration program to assist states in facilitating the development of alternative-fueled vehicles; and (2) waive requirements for recertification of certain kits for the conversion of vehicles to NG.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring the Taxpayer a Fair Return for Federal Onshore Oil and Gas Resources Act of 2015''. SEC. 2. ADJUSTMENT OF MINIMUM BIDS AND ANNUAL RENTALS FOR OIL AND GAS AND TAR SANDS LEASES TO REFLECT INFLATION. (a) In General.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) in subsection (b)(1)(B), by striking ``$2 per acre'' and inserting ``$4 per acre''; (2) in subsection (b)(2)(C), by striking ``$2 per acre'' and inserting ``$5 per acre''; (3) in subsection (d)-- (A) by striking ``$1.50 per acre'' and inserting ``$3 per acre''; and (B) by striking ``$2 per acre'' and inserting ``$4 per acre''; and (4) by adding at the end the following: ``(q) Inflation Adjustment.-- ``(1) In general.--The Secretary shall-- ``(A) by regulation, at least once every 4 years, adjust each of the dollar amounts that applies under subsections (b)(1)(B), (b)(2)(C), and (d) by the cost- of-living adjustment; and ``(B) publish each such regulation in the Federal Register. ``(2) Definitions.--In this subsection: ``(A) Cost-of-living adjustment.--The term `cost- of-living adjustment' means the percentage (if any) for a dollar amount by which-- ``(i) the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds ``(ii) the Consumer Price Index for the month of June of the calendar year in which the dollar amount was last set or adjusted pursuant to law. ``(B) Consumer price index.--The term `Consumer Price Index' means the Consumer Price Index for all urban consumers published by the Department of Labor.''. (b) Conforming Amendment.--Section 17(b)(1)(B) of the Mineral Leasing Act (30 U.S.C. 226(b)(1)(B)) is amended beginning in the first sentence by striking ``for a period'' and all that follows through ``Thereafter, the'' and inserting ``. The''. SEC. 3. AMENDMENT OF ROYALTY RATES. (a) Royalty Rates.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) by striking ``12.5'' each place such term appears and inserting ``18.75''; and (2) by striking ``12\1/2\'' each place such term appears and inserting ``18.75''. (b) Application.--The amendments made by subsection (a) shall apply only to new leases issued on or after the date of enactment of this Act. SEC. 4. ON-SHORE FEDERAL OIL AND GAS ROYALTY SHARING. (a) In General.--Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is amended-- (1) by striking ``Sec. 35. (a)'' and all that follows through ``50 per centum thereof'' and inserting the following: ``SEC. 35. ON-SHORE OIL AND GAS ROYALTY SHARING. ``(a) Royalty Sharing.-- ``(1) In general.--Of the amounts received by the United States from sales, bonuses, and royalties, including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982, and from rentals of the public lands in Alaska under the provisions of this Act and the Geothermal Steam Act of 1970-- ``(A) 33.33 percent shall be used as described in paragraph (2); and ``(B) the remainder shall be used as described in paragraph (3). ``(2) Distribution of 33.33 percent.-- ``(A) In general.--Of the amount referred to in paragraph (1)(A)-- ``(i) 30 percent, but not to exceed $50,000,000 per fiscal year, shall be transferred by the Secretary of the Treasury to the Bureau of Land Management for use for oil and gas inspection and enforcement; ``(ii) 15 percent, but not to exceed $25,000,000 per fiscal year, shall be available to the Secretary of the Interior to remediate, reclaim, and properly plug and abandon orphan oil and gas wells on Federal lands; ``(iii) 45 percent shall be paid by the Secretary of the Treasury to the State within the boundaries of which the leased land is located or the deposits were derived, for use by such State in accordance with paragraph (3); and ``(iv) the remainder shall be deposited into the Treasury as miscellaneous receipts. ``(B) Administration.--Amounts to be paid or available under clauses (i), (ii), and (iii) of subparagraph (A) shall-- ``(i) be available without further appropriation; and ``(ii) remain available until expended. ``(3) Distribution of remainder.--Of the amount referred to in paragraph (1)(B), and subject to subsection (b), 50 per centum thereof''; and (2) in subsection (a), by striking ``All moneys received'' and inserting the following: ``(4) General provisions.--All moneys received''. (b) Conforming Amendment.--Section 35(c)(1) of the Mineral Leasing Act (30 U.S.C. 191(c)(1)) is amended by striking ``the first sentence of''. (c) Limitations on Application.--The amendments made by subsection (a)-- (1) shall apply only to amounts received by the United States under new leases issued on or after the date of enactment of this Act; and (2) shall not affect the application of section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) to amounts received by the United States before the first fiscal year beginning after the date of the enactment of this Act.

Summary: Ensuring the Taxpayer a Fair Return for Federal Onshore Oil and Gas Resources Act of 2015 This bill amends the Mineral Leasing Act to increase the minimum acceptable bids and rentals for leases of oil, natural gas, and tar sand on federal land. Minimum acceptable bids and rentals shall receive inflation adjustments once every four years. One-third of any amounts received by the United States from sales, bonuses, and royalties, including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982, and from rentals of the public lands in Alaska under the Mineral Leasing Act and the Geothermal Steam Act of 1970, shall be made available in specified percentages: for use for oil and gas inspection and enforcement; to remediate, reclaim, and properly plug and abandon orphan oil and gas wells on federal lands; and to the state within whose boundaries the leased land is located, or the deposits were derived, for state use in accordance with specified requirements.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Kake Tribal Corporation Land Exchange Act''. SEC. 2. AMENDMENT OF SETTLEMENT ACT. The Alaska Native Claims Settlement Act (Pub. L. 92-203, December 18, 1971, 85 Stat. 688, 43 U.S.C. 1601 et seq.), as amended, is further amended by adding a new section to read: ``SEC. 40. KAKE TRIBAL CORPORATION LAND EXCHANGE. ``(a) To provide Kake Tribal Corporation with land suitable for development, to acknowledge the corporation's return to public ownership land needed as a municipal watershed area, and to promote the public interest, the Secretary shall convey to the corporation approximately 2,427 acres of Federal land as described in subsection (c). The land to be conveyed includes-- ``(1) up to 388 acres in the Slate Lakes area, as described in (c)(2) of this section, if, within five years after the effective date of this section, the corporation has entered into an agreement to lease or otherwise convey some or all of the land to the operator of the Jualin Mine; or ``(2) at the corporation's option, the 388 acres mentioned in (1) of this subsection and the remaining 2,039 acres may be conveyed from the acres described in (c)(3) of this section. ``(b) Title to Surface and Subsurface.--Subject to valid existing rights and easements, the Secretary shall, no later than the deadlines specified in (c) (2) and (3) of this section, convey to Kake Tribal Corporation title to the surface estate in this land and convey to Sealaska Corporation title to the subsurface estate in that land. ``(c) Description and Deadlines.--The land covered by this section is in the Copper River Meridian and is further described as follows: ``(1) The land to be conveyed by Kake Tribal Corporation to the United States, no later than 90 days after the effective date of this section, as shown on the map dated ______ and labeled Attachment A, is the municipal watershed area and is described as follows: ``Municipal watershed ------------------------------------------------------------------------ Approximate Section acres ------------------------------------------------------------------------ T56S, R72E 13......................................................... 82 23......................................................... 118 24......................................................... 635 25......................................................... 640 26......................................................... 346 34......................................................... 9 35......................................................... 349 36......................................................... 248 ------------ Approximate Total........................................ 2,427'' ------------------------------------------------------------------------ ``(2) Kake Tribal Corporation shall have the option to select up to 388 acres in the Slate Lakes area, as shown on the map dated ______ and labeled Attachment B. This option shall remain in effect for five years after the date of enactment of this section. The land to be conveyed is identified on the following maps as: Slate lakes area ------------------------------------------------------------------------ Approximate Section Description acres ------------------------------------------------------------------------ T35S, R62E 22................................. E\1/2\................ 27 23................................. W\1/2\................ 152 26................................. W\1/2\................ 119 27................................. E\1/2\................ 23 T36S, R62E 1.................................. W\1/2\, NW\1/4\....... 38 Two utility corridors: One beginning in the northwest quarter of section 1, T36S, R62E, heading northwest through the northeast quarter of section 2, then heading northwest through section 26, T35S, R62E; another beginning in section 23, T35S, R62E, heading northeast, then heading northwest through section 23, then northwest through the southwest quarter of section 15, then northwest through section 16, then turning northeast in the northeast quarter of section 16 to the Jualin patented group. Approximate Total.................................... 388'' ------------------------------------------------------------------------ ``(3) The remaining 2,039 acres of land to be conveyed to Kake Tribal Corporation, or the entire 2,427 acres if the option on the 388 acres mentioned in (2) of this subsection is not exercised, shall be land in the Hamilton Bay and Saginaw Bay areas and shall be conveyed within 90 days after the effective date of this section; this land is shown on the maps dated ______ and labeled Attachments C and D. ``(d) Timber Manufacturing.--Notwithstanding any other provision of law, timber harvested from lands conveyed to Kake Tribal Council pursuant to this Act shall not be available for export as unprocessed logs from Alaska, nor may Kake Tribal Corporation sell, trade, exchange, substitute, or otherwise convey such logs to any other person for the purpose of exporting such logs from the State of Alaska. ``(e) Relation to Other Requirements.--The land conveyed to Kake Tribal Corporation and Sealaska Corporation under this section is, for all purposes, considered land conveyed under the Alaska Native Claims Settlement Act. ``(f) Maps.--The maps referred to in this section shall be maintained on file in the Office of the Chief, United States Forest Service, and in the Office of the Secretary of the Interior, Washington, DC. The acreage cited in this section is approximate, and if a discrepancy arises between cited acreage and the land depicted on the specified maps the maps shall control. The maps do not constitute an attempt by the United States to convey State or private land.''.

Summary: Kake Tribal Corporation Land Exchange Act - Amends the Alaska Native Claims Settlement Act to direct the Secretary of the Interior, subject to valid existing rights and easements, to enter into a land exchange under which there is conveyed to the: (1) Kake Tribal Corporation title to certain land suitable for development; (2) Sealaska Corporation title to subsurface estate in such land needed as a municipal watershed area; and (3) United States, by the Kake Corporation, specified lands. Directs that timber harvested from lands conveyed to the Kake Tribal Council shall not be made available for export as unprocessed logs from Alaska, nor may Kake Tribal Corporation sell, trade, exchange, substitute, or otherwise convey such logs to any other person for the purpose of exporting such logs from the State of Alaska.


SECTION 1. INCREASED CREDIT FOR MEDICAL RESEARCH. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by adding at the end the following new subsection: ``(i) Increased Credit for Medical Research.-- ``(1) General rule.--Subsection (a) of this section shall be applied by substituting-- ``(A) `40 percent' for `20 percent' in paragraph (1) thereof with respect to qualified medical research expenses, and ``(B) `medical research base amount' for `base amount'. ``(2) Qualified medical research expenses.--For purposes of this subsection-- ``(A) In general.--The term `qualified medical research expenses' means qualified research expenses-- ``(i) incurred for research in, or reasonably expected to lead to, the development of any medical product for the prevention, cure, or alleviation of human disease, sickness, or injury, and ``(ii) incurred before the earliest of-- ``(I) the date on which an application with respect to such product is approved under section 505(b) or 505A of the Federal Food, Drug, and Cosmetic Act, ``(II) the date on which a license for such product is approved under section 351 of the Public Health Service Act, or ``(III) the later of the date classification of such product as intended for human use is made under section 513 of the Federal Food, Drug, and Cosmetic Act or the date of approval of such product as intended for human use is granted under section 515 of such Act. ``(B) Exclusion of research after commercial production not to apply.--For purposes of this paragraph, the term `qualified research expenses' shall be determined without regard to subsection (d)(4)(A). ``(C) Special rule for certain testing.--The term `qualified medical research expenses' includes qualified research expenses for preclinical and clinical testing occurring after the earliest date under subparagraph (A)(ii) if the purpose of such testing is to develop new functional uses (including pediatric studies as described in section 355A(g) of the Federal Food, Drug, and Cosmetic Act), characteristics, indications, combinations, dosages, or delivery forms to an existing product. ``(D) Product.--For purposes of this paragraph, the term `product' means any drug, biologic, medical, or diagnostic test, or medical device. ``(3) Medical research base amount.--For purposes of this subsection-- ``(A) In general.--Except as provided in subparagraph (C), the term `medical research base amount' means, with respect to any taxable year, the average of the taxpayer's qualified medical research expenses for those taxable years in the base period during which the taxpayer paid or incurred qualified medical research expenses. The Secretary may prescribe regulations providing that de minimis amounts of qualified medical research expenses shall be disregarded under the preceding sentence. ``(B) Base period.--For purposes of subparagraph (A), the base period is the period consisting of-- ``(i) the most recent taxable year ending at least 6 months before the taxable year for which the medical research base amount is being determined, and ``(ii) the 4 taxable years preceding such most recent taxable year. ``(C) Medical base period amount for first 2 taxable years.--For each of the first 2 taxable years during which the taxpayer pays or incurs qualified medical research expenses, the term `medical research base amount' means 60 percent of the taxpayer's qualified medical research expenses for the taxable year for which such base period amount is determined. ``(4) Research conducted by academic and medical institutions.-- ``(A) In general.--Subsection (b)(3)(A) shall be applied-- ``(i) by substituting `100 percent' for `65 percent' with respect to amounts paid to a qualified academic institution for qualified research described in paragraph (2), and ``(ii) by substituting `85 percent' for `65 percent' with respect to amounts paid to a qualified nonprofit medical institution for qualified research described in paragraph (2). ``(B) Qualified academic institution.--For purposes of this paragraph, the term `qualified academic institution' means any of the following institutions: ``(i) Educational institutions.--Any institution described in section 170(b)(1)(A)(ii) or (iii) which is owned or affiliated with an institution of higher education as described in section 3304(f). ``(ii) Cancer research institutions.--Any cancer research institution which is designated as a cancer center by the National Cancer Institute, is, or is owned by, an organization described in section 501(c)(3), is exempt from taxation under section 501(a), and is not a private foundation. ``(iii) Nonprofit independent research institutions.--Any not-for-profit, independent research institute which is described in section 501(c)(3), is exempt from taxation under section 501(a), and is organized and operated exclusively for scientific or educational purposes. ``(C) Qualified nonprofit medical institution.--For purposes of this paragraph, the term `qualified nonprofit medical institution' means any not-for-profit organization that is described in section 501(c)(3), is exempt from taxation under section 501(a) by reason of its operation of a hospital or medical or health activity, is not a private foundation, and is not a qualified academic institution. ``(5) Election of alternative incremental medical research credit.-- ``(A) In general.--At the election of the taxpayer, the credit determined under this subsection shall be the sum of-- ``(i) 1.65 percent of so much of the taxpayer's qualified medical research expenses for the taxable year as exceeds 1 percent of the gross receipts of the taxpayer for the year but does not exceed 1.5 percent of such gross receipts, ``(ii) 2.2 percent of so much of such expenses as exceeds 1.5 percent of such gross receipts but does not exceed 2 percent of such gross receipts, and ``(iii) 2.75 percent of so much of such expenses as exceeds 2 percent of such receipts. ``(B) Election.--An election under this subsection shall apply only to the taxable year for which made. ``(6) Coordination.--In determining the amount of the credit allowed by subsection (a) for expenses which are not allowed the increased credit under this subsection-- ``(A) the amount of qualified research expenses shall be computed by excluding qualified medical research expenses for which the increased credit determined under this subsection is allowed; ``(B) the base amount determined under paragraph (1) of subsection (c) shall be computed by excluding qualified medical research expenses for which the increased credit determined under this subsection is allowed from qualified research expenses for purposes of that computation; and ``(C) the alternative incremental credit determined under subsection (c)(4) shall be computed by excluding qualified medical research expenses for which the increased credit determined under this subsection is allowed from qualified research expenses for purposes of that computation.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Summary: Amends Internal Revenue Code provisions concerning the credit for increasing research activities provisions to provide for an increased credit for qualified medical research expenses.


SECTION 1. NOXIOUS WEED CONTROL AND ERADICATION. The Plant Protection Act (7 U.S.C. 7701 et seq.) is amended by adding at the end the following new subtitle: ``Subtitle E--Noxious Weed Control and Eradication ``SEC. 451. SHORT TITLE. ``This subtitle may be cited as the `Noxious Weed Control and Eradication Act of 2004'. ``SEC. 452. DEFINITIONS. ``In this subtitle: ``(1) Indian tribe.--The term `Indian Tribe' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). ``(2) Weed management entity.--The term `weed management entity' means an entity that-- ``(A) is recognized by the State in which it is established; ``(B) is established for the purpose of or has demonstrable expertise and significant experience in controlling or eradicating noxious weeds and increasing public knowledge and education concerning the need to control or eradicate noxious weeds; ``(C) may be multijurisdictional and multidisciplinary in nature; ``(D) may include representatives from Federal, State, local, or, where applicable, Indian Tribe governments, private organizations, individuals, and State-recognized conservation districts or State-recognized weed management districts; and ``(E) has existing authority to perform land management activities on Federal land if the proposed project or activity is on Federal lands. ``(3) Federal lands.--The term `Federal lands' means those lands owned and managed by the United States Forest Service or the Bureau of Land Management. ``SEC. 453. ESTABLISHMENT OF PROGRAM. ``(a) In General.--The Secretary shall establish a program to provide financial and technical assistance to control or eradicate noxious weeds. ``(b) Grants.--Subject to the availability of appropriations under section 457(a), the Secretary shall make grants under section 454 to weed management entities for the control or eradication of noxious weeds. ``(c) Agreements.--Subject to the availability of appropriations under section 457(b), the Secretary shall enter into agreements under section 455 with weed management entities to provide financial and technical assistance for the control or eradication of noxious weeds. ``SEC. 454. GRANTS TO WEED MANAGEMENT ENTITIES. ``(a) Consultation and Consent.--In carrying out a grant under this subtitle, the weed management entity and the Secretary shall-- ``(1) if the activities funded under the grant will take place on Federal land, consult with the heads of the Federal agencies having jurisdiction over the land; or ``(2) obtain the written consent of the non-Federal landowner. ``(b) Grant Considerations.--In determining the amount of a grant to a weed management entity, the Secretary shall consider-- ``(1) the severity or potential severity of the noxious weed problem; ``(2) the extent to which the Federal funds will be used to leverage non-Federal funds to address the noxious weed problem; ``(3) the extent to which the weed management entity has made progress in addressing the noxious weeds problem; and ``(4) other factors that the Secretary determines to be relevant. ``(c) Use of Grant Funds; Cost Shares.-- ``(1) Use of grants.--A weed management entity that receives a grant under subsection (a) shall use the grant funds to carry out a project authorized by subsection (d) for the control or eradication of a noxious weed. ``(2) Cost shares.-- ``(A) Federal cost share.--The Federal share of the cost of carrying out an authorized project under this section exclusively on non-Federal land shall not exceed 50 percent. ``(B) Form of non-federal cost share.--The non-Federal share of the cost of carrying out an authorized project under this section may be provided in cash or in kind. ``(d) Authorized Projects.--Projects funded by grants under this section include the following: ``(1) Education, inventories and mapping, management, monitoring, methods development, and other capacity building activities, including the payment of the cost of personnel and equipment that promote control or eradication of noxious weeds. ``(2) Other activities to control or eradicate noxious weeds or promote control or eradication of noxious weeds. ``(e) Application.--To be eligible to receive assistance under this section, a weed management entity shall prepare and submit to the Secretary an application containing such information as the Secretary shall by regulation require. ``(f) Selection of Projects.--Projects funded under this section shall be selected by the Secretary on a competitive basis, taking into consideration the following: ``(1) The severity of the noxious weed problem or potential problem addressed by the project. ``(2) The likelihood that the project will prevent or resolve the problem, or increase knowledge about resolving similar problems. ``(3) The extent to which the Federal funds will leverage non- Federal funds to address the noxious weed problem addressed by the project. ``(4) The extent to which the program will improve the overall capacity of the United States to address noxious weed control and management. ``(5) The extent to which the weed management entity has made progress in addressing noxious weed problems. ``(6) The extent to which the project will provide a comprehensive approach to the control or eradication of noxious weeds. ``(7) The extent to which the project will reduce the total population of noxious weeds. ``(8) The extent to which the project promotes cooperation and participation between States that have common interests in controlling and eradicating noxious weeds. ``(9) Other factors that the Secretary determines to be relevant. ``(g) Regional, State, and Local Involvement.--In determining which projects receive funding under this section, the Secretary shall, to the maximum extent practicable-- ``(1) rely on technical and merit reviews provided by regional, State, or local weed management experts; and ``(2) give priority to projects that maximize the involvement of State, local and, where applicable, Indian Tribe governments. ``(h) Special Consideration.--The Secretary shall give special consideration to States with approved weed management entities established by Indian Tribes and may provide an additional allocation to a State to meet the particular needs and projects that the weed management entity plans to address. ``SEC. 455. AGREEMENTS. ``(a) Consultation and Consent.--In carrying out an agreement under this section, the Secretary shall-- ``(1) if the activities funded under the agreement will take place on Federal land, consult with the heads of the Federal agencies having jurisdiction over the land; or ``(2) obtain the written consent of the non-Federal landowner. ``(b) Application of Other Laws.--The Secretary may enter into agreements under this section with weed management entities notwithstanding sections 6301 through 6309 of title 31, United States Code, and other laws relating to the procurement of goods and services for the Federal Government. ``(c) Eligible Activities.--Activities carried out under an agreement under this section may include the following: ``(1) Education, inventories and mapping, management, monitoring, methods development, and other capacity building activities, including the payment of the cost of personnel and equipment that promote control or eradication of noxious weeds. ``(2) Other activities to control or eradicate noxious weeds. ``(d) Selection of Activities.--Activities funded under this section shall be selected by the Secretary taking into consideration the following: ``(1) The severity of the noxious weeds problem or potential problem addressed by the activities. ``(2) The likelihood that the activity will prevent or resolve the problem, or increase knowledge about resolving similar problems. ``(3) The extent to which the activity will provide a comprehensive approach to the control or eradication of noxious weeds. ``(4) The extent to which the program will improve the overall capacity of the United States to address noxious weed control and management. ``(5) The extent to which the project promotes cooperation and participation between States that have common interests in controlling and eradicating noxious weeds. ``(6) Other factors that the Secretary determines to be relevant. ``(e) Regional, State, and Local Involvement.--In determining which activities receive funding under this section, the Secretary shall, to the maximum extent practicable-- ``(1) rely on technical and merit reviews provided by regional, State, or local weed management experts; and ``(2) give priority to activities that maximize the involvement of State, local, and, where applicable, representatives of Indian Tribe governments. ``(f) Rapid Response Program.--At the request of the Governor of a State, the Secretary may enter into a cooperative agreement with a weed management entity in that State to enable rapid response to outbreaks of noxious weeds at a stage which rapid eradication and control is possible and to ensure eradication or immediate control of the noxious weeds if-- ``(1) there is a demonstrated need for the assistance; ``(2) the noxious weed is considered to be a significant threat to native fish, wildlife, or their habitats, as determined by the Secretary; ``(3) the economic impact of delaying action is considered by the Secretary to be substantial; and ``(4) the proposed response to such threat-- ``(A) is technically feasible; ``(B) economically responsible; and ``(C) minimizes adverse impacts to the structure and function of an ecosystem and adverse effects on nontarget species and ecosystems. ``SEC. 456. RELATIONSHIP TO OTHER PROGRAMS. ``Funds under this Act (other than those made available for section 455(f)) are intended to supplement, not replace, assistance available to weed management entities, areas, and districts for control or eradication of noxious weeds on Federal lands and non-Federal lands. The provision of funds to a weed management entity under this Act (other than those made available for section 455(f)) shall have no effect on the amount of any payment received by a county from the Federal Government under chapter 69 of title 31, United States Code. ``SEC. 457. AUTHORIZATION OF APPROPRIATIONS. ``(a) Grants.--To carry out section 454, there are authorized to be appropriated to the Secretary $7,500,000 for each of fiscal years 2005 through 2009, of which not more than 5 percent of the funds made available for a fiscal year may be used by the Secretary for administrative costs. ``(b) Agreements.--To carry out section 455 of this subtitle, there are authorized to be appropriated to the Secretary $7,500,000 for each of fiscal years 2005 through 2009, of which not more than 5 percent of the funds made available for a fiscal year may be used by the Secretary for administrative costs of Federal agencies.''. SEC. 2. TECHNICAL AMENDMENT. The table of sections in section 1(b) of the Agricultural Risk Protection Act of 2000 is amended by inserting after the item relating to section 442 the following: ``Subtitle E--Noxious Weed Control and Eradication ``Sec. 451. Short title. ``Sec. 452. Definitions. ``Sec. 453. Establishment of program. ``Sec. 454. Grants to weed management entities. ``Sec. 455. Agreements. ``Sec. 456. Relationship to other programs. ``Sec. 457. Authorization of Appropriations.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Noxious Weed Control and Eradication Act of 2004 - Amends the Plant Protection Act to direct the Secretary of Agriculture to establish a grant program to provide financial and technical assistance to weed management entities to control or eradicate noxious weeds. Sets forth criteria for making grants to weed management entities and for the selection for funding of weed eradication projects. Directs the Secretary to give special consideration to States with approved weed management entities established by Indian tribes. Authorizes the Secretary to enter into agreements with weed management entities for funding of weed eradication activities that take into consideration various factors, including: (1) the severity of the noxious weeds problem or potential problem; (2) the likelihood that the activities will prevent or resolve the weed problem or increase knowledge about resolving similar problems; (3) the extent to which the activities will provide a comprehensive approach to the control or eradication of noxious weeds; (4) the extent to which the activities will improve the overall capacity of the United States to address noxious weed problems; and (5) the extent to which the activities promote cooperation and participation between States that have a common interest in controlling and eradicating noxious weeds. Authorizes the Secretary to enter into a cooperative agreement with weed management entities to enable rapid response to outbreaks of noxious weeds. States that the assistance authorized under this Act is meant to supplement, and not replace, other assistance available for control or eradication of harmful, invasive weeds on public and private lands. Authorizes appropriations for FY 2005 through 2009. Limits funding for administrative costs to five percent of available funds.


SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Fire Administration Authorization Act of 2003''. SEC. 2. UNITED STATES FIRE ADMINISTRATOR. Notwithstanding section 1513 of the Homeland Security Act of 2002 (6 U.S.C. 553), the Administrator of the United States Fire Administration shall continue to be appointed and compensated as provided under section 5(b) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2204(b)). SEC. 3. NATIONAL RESIDENTIAL FIRE SPRINKLER STRATEGY. Section 30 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2226) is amended-- (1) by inserting ``(a) In General.--'' before ``The Director, acting''; and (2) by adding at the end the following new subsection: ``(b) National Residential Fire Sprinkler Strategy.--The Administrator shall develop and implement a strategy for promoting the installation and use of residential fire sprinklers. The strategy shall include-- ``(1) advocacy and informational support to relevant stakeholders, including builders, insurers, and State and local decisionmakers; ``(2) promotion of residential sprinklers in residences supported by the Federal Government; ``(3) a particular focus on residences-- ``(A) at high risk to fire hazards; and ``(B) with occupants at high risk to fire hazards, such as senior citizens and persons with disabilities; and ``(4) a particular focus on localized fire suppression in high-risk areas of residences.''. SEC. 4. SUPPORT FOR TRAINING TO FIGHT MARITIME FIRES. Subsection (b)(3)(B) of the first section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3)(B)) is amended by inserting ``maritime firefighting,'' after ``arson prevention and detection,''. SEC. 5. FIREFIGHTER ASSISTANCE GRANTS PROGRAM. The first section 33 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229) is amended-- (1) by striking ``Director'' each place it appears and inserting ``Administrator''; (2) by amending subsection (b)(2) to read as follows: ``(2) Administrative assistance.--The Administrator shall establish specific criteria for the selection of recipients of assistance under this section and shall provide grant-writing assistance to applicants.''; and (3) in subsection (e)(2), by striking ``operate the office established under subsection (b)(2) and''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 17(g)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216(g)(1)) is amended by striking ``to carry out the purposes'' and all that follows through the end of subparagraph (K) and inserting ``to the Administrator to carry out the purposes of this Act, other than the firefighter assistance program under section 33-- ``(A) $58,928,000 for fiscal year 2004; ``(B) $60,700,000 for fiscal year 2005; and ``(C) $62,520,000 for fiscal year 2006.''. SEC. 7. COURSES AND TRAINING ASSISTANCE. Section 7(l) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(l)) is amended by adding at the end the following: ``The Superintendent shall offer, at the Academy and at other sites, courses and training assistance as necessary to accommodate all geographic regions and needs of career and volunteer firefighters.''. SEC. 8. NEW FIREFIGHTING TECHNOLOGY. (a) In General.--Section 8 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2207) is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Development of New Technology.-- ``(1) In general.--In addition to, or as part of, the program conducted under subsection (a), the Administrator, in consultation with the National Institute of Standards and Technology, the Inter-Agency Board for Equipment Standardization and Inter-Operability, national voluntary consensus standards development organizations, interested Federal, State, and local agencies, and other interested parties, shall-- ``(A) develop new, and utilize existing, measurement techniques and testing methodologies for evaluating new firefighting technologies, including-- ``(i) personal protection equipment; ``(ii) devices for advance warning of extreme hazard; ``(iii) equipment for enhanced vision; ``(iv) devices to locate victims, firefighters, and other rescue personnel in above-ground and below-ground structures; ``(v) equipment and methods to provide information for incident command, including the monitoring and reporting of individual personnel welfare; ``(vi) equipment and methods for training, especially for virtual reality training; and ``(vii) robotics and other remote- controlled devices; ``(B) evaluate the compatibility of new equipment and technology with existing firefighting technology; and ``(C) support the development of new voluntary consensus standards through national voluntary consensus standards organizations for new firefighting technologies based on techniques and methodologies described in subparagraph (A). ``(2) Standards for new equipment.--(A) The Administrator shall, by regulation, require that new equipment or systems purchased through the assistance program established by section 33 meet or exceed applicable voluntary consensus standards for such equipment or systems for which applicable voluntary consensus standards have been established. The Administrator may waive the requirement under this subparagraph with respect to specific standards. ``(B) If an applicant for a grant under section 33 proposes to purchase, with assistance provided under the grant, new equipment or systems that do not meet or exceed applicable voluntary consensus standards, the applicant shall include in the application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that do meet or exceed such standards. ``(C) In making a determination whether or not to waive the requirement under subparagraph (A) with respect to a specific standard, the Administrator shall, to the greatest extent practicable-- ``(i) consult with grant applicants and other members of the fire services regarding the impact on fire departments of the requirement to meet or exceed the specific standard; ``(ii) take into consideration the explanation provided by the applicant under subparagraph (B); and ``(iii) seek to minimize the impact of the requirement to meet or exceed the specific standard on the applicant, particularly if meeting the standard would impose additional costs. ``(D) Applicants that apply for a grant under the terms of subparagraph (B) may include a second grant request in the application to be considered by the Administrator in the event that the Administrator does not approve the primary grant request on the grounds of the equipment not meeting applicable voluntary consensus standards.''. (b) Authorization of Appropriations.--Section 17 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216) is amended by adding at the end the following: ``(i) Development of New Technology.--In addition to sums otherwise authorized under this Act, there are authorized to be appropriated to the Administrator to carry out section 8(e)-- ``(1) $2,200,000 for fiscal year 2004; ``(2) $2,250,000 for fiscal year 2005; and ``(3) $2,300,000 for fiscal year 2006.''. SEC. 9. COORDINATION OF RESPONSE TO NATIONAL EMERGENCY. (a) In General.--Section 10 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2209) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: ``(b) Mutual Aid Systems.-- ``(1) In general.--The Administrator, after consultation with the Director of the Federal Emergency Management Agency, shall provide technical assistance and training to State and local fire service officials to establish nationwide and State mutual aid systems for dealing with national emergencies that-- ``(A) include threat assessment and equipment deployment strategies; ``(B) include means of collecting asset and resource information to provide accurate and timely data for regional deployment; and ``(C) are consistent with the Federal Emergency Management Agency's Federal Response Plan. ``(2) Model mutual aid plans.--The Administrator, in consultation with the Director of the Federal Emergency Management Agency, shall develop and make available to State and local fire service officials model mutual aid plans for both intrastate and interstate assistance.''. (b) Report on Strategic Needs.--Within 90 days after the date of enactment of this Act, the Administrator of the United States Fire Administration shall report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science on the need for a strategy concerning deployment of volunteers and emergency response personnel (as defined in section 6 of the Firefighters' Safety Study Act (15 U.S.C. 2223e), including a national credentialing system, in the event of a national emergency. (c) Update of Federal Response Plan.--Within 180 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall-- (1) revise that Agency's Federal Response Plan to incorporate plans for responding to terrorist attacks, particularly in urban areas, including fire detection and suppression and related emergency services; and (2) transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science describing the action taken to comply with paragraph (1). SEC. 10. TRAINING. (a) In General.--Section 7(d)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) is amended-- (1) by striking ``and'' after the semicolon in subparagraph (E); (2) by redesignating subparagraph (F) as subparagraph (N); and (3) by inserting after subparagraph (E) the following: ``(F) strategies for building collapse rescue; ``(G) the use of technology in response to fires, including terrorist incidents and other national emergencies; ``(H) response, tactics, and strategies for dealing with terrorist-caused national catastrophes; ``(I) use of and familiarity with the Federal Emergency Management Agency's Federal Response Plan; ``(J) leadership and strategic skills, including integrated management systems operations and integrated response; ``(K) applying new technology and developing strategies and tactics for fighting forest fires; ``(L) integrating terrorism response agencies into the national terrorism incident response system; ``(M) response tactics and strategies for fighting fires at United States ports, including fires on the water and aboard vessels; and''. (b) Consultation on Fire Academy Classes.--The Superintendent of the National Fire Academy may consult with other Federal, State, and local agency officials in developing curricula for classes offered by the Academy. (c) Coordination With Other Programs To Avoid Duplication.--The Administrator of the United States Fire Administration shall, where appropriate, coordinate training provided under section 7(d)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) with the heads of other Federal agencies-- (1) to ensure that such training does not duplicate existing courses available to fire service personnel; and (2) to establish a mechanism for eliminating duplicative training programs.

Summary: United States Fire Administration Authorization Act of 2003 - (Sec. 2) Re-establishes the position of United States Fire Administrator. (Sec. 3) Amends the Federal Fire Prevention and Control Act of 1974 to require the Administrator to develop and implement a national residential fire sprinkler strategy that meets specified requirements. (Sec. 4) Allows the use of fire prevention program grant assistance for training of firefighting personnel in maritime firefighting. (Sec. 5) Transfers the duties of the Director of the United States Fire Administration to the Administrator with respect to the firefighter assistance grants program. Requires the Administrator to: (1) establish specific criteria for the selection of assistance recipients; and (2) provide grant-writing assistance to applicants. (Sec. 6) Authorizes FY 2004 through 2006 appropriations for the Administrator to carry out this Act other than the firefighter assistance grants program. (Sec. 7) Requires the Superintendent of the National Academy for Fire Prevention and Control to offer, at the Academy and other sites, courses and training assistance as necessary to accommodate all geographic regions and needs of career and volunteer firefighters. (Sec. 8) Directs the Administrator to: (1) develop new, and utilize existing, measurement techniques and testing methodologies for evaluating firefighting technologies; (2) evaluate the compatibility of new and existing equipment and technology; and (3) support the development of new standards through national voluntary consensus standards organizations for new firefighting technologies. Requires the Administrator, by regulation, to require that new equipment or systems purchased through the assistance program established by the Act meet or exceed established applicable voluntary consensus standards. Allows the Administrator to waive this requirement. Requires a grant applicant, who proposes to purchase with assistance provided under the grant new equipment or systems that do not meet or exceed applicable voluntary consensus standards, to include in the application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that do meet or exceed such standards. Allows a grant applicant to include a second grant request in the application to be considered by the Administrator in the event the primary grant request is not approved on the grounds of the equipment not meeting such standards. Authorizes FY 2004 through 2006 appropriations for the Administrator to develop new firefighting technology. (Sec. 9) Directs the Administrator to: (1) provide technical assistance and training to State and local fire service officials to establish nationwide and State mutual aid systems for dealing with national emergencies; and (2) develop and make model mutual aid plans for both intrastate and interstate assistance available to State and local fire service officials. Requires the Administrator to report to specified congressional committees on the need for a strategy concerning deployment of volunteers and emergency response personnel, including a national credentialing system, in the event of a national emergency. Requires the Director of the Federal Emergency Management Agency (FEMA) to: (1) revise the FEMA Federal Response Plan to incorporate plans for responding to terrorist attacks, particularly in urban areas, including fire detection and suppression and related emergency services; and (2) report to specified congressional committees on the action taken to comply with such revisions. (Sec. 10) Authorizes the Superintendent of the National Academy for Fire Prevention and Control to train fire service personnel in: (1) strategies for building collapse rescue; (2) the use of technology in response to fires; (3) response, tactics, and strategies for dealing with terrorist-caused national catastrophes; (4) use of and familiarity with the FEMA's Federal Response Plan; (5) leadership and strategic skills, including integrated management systems operations and integrated response; (6) applying new technology and developing strategies and tactics for fighting forest fires; (7) integrating terrorism response agencies into the national terrorism incident response system; and (8) response tactics and strategies for fighting fires at U.S. ports, including fires on the water and aboard vessels. Authorizes the Superintendent to consult with other Federal, State, and local agency officials in developing curricula for classes offered by the Academy. Requires the Administrator, where appropriate, to coordinate training provided under the Act with the heads of other Federal agencies to: (1) ensure that such training does not duplicate existing courses available to fire service personnel; and (2) establish a mechanism for eliminating duplicative programs.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Ute-Moab Land Restoration Act''. SEC. 2. TRANSFER OF OIL SHALE RESERVE. Section 3405 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note; Public Law 105-261) is amended to read as follows: ``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED 2. ``(a) Definitions.--In this section: ``(1) Map.--The term ``map'' means the map entitled `Boundary Map, .............', numbered ____ and dated ________, to be kept on file and available for public inspection in the offices of the Department of the Interior. ``(2) Moab site.--The term `Moab site' means the Moab uranium milling site located approximately 3 miles northwest of Moab, Utah, and identified in the Final Environmental Impact Statement issued by the Nuclear Regulatory Commission in March 1996, in conjunction with Source Material License No. SUA 917. ``(3) NOSR-2.--The term `NOSR-2' means Oil Shale Reserve Numbered 2, as identified on a map on file in the Office of the Secretary of the Interior. ``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe of the Uintah and Ouray Indian Reservation. ``(b) Conveyance.-- ``(1) In general.--Except as provided in paragraph (2), the United States conveys to the Tribe, subject to valid existing rights in effect on the day before the date of enactment of this section, all Federal land within the exterior boundaries of NOSR-2 in fee simple (including surface and mineral rights). ``(2) Reservations.--The conveyance under paragraph (1) shall not include the following reservations of the United States: ``(A) A 9 percent royalty interest in the value of any oil, gas, other hydrocarbons, and all other minerals from the conveyed land that are produced, saved, and sold, the payments for which shall be made by the Tribe or its designee to the Secretary of Energy during the period that the oil, gas, hydrocarbons, or minerals are being produced, saved, sold, or extracted. ``(B) The portion of the bed of Green River contained entirely within NOSR-2, as depicted on the map. ``(C) The land (including surface and mineral rights) to the west of the Green River within NOSR-2, as depicted on the map. ``(D) A \1/4\ mile scenic easement on the east side of the Green River within NOSR-2. ``(3) Conditions.-- ``(A) Management authority.--On completion of the conveyance under paragraph (1), the United States relinquishes all management authority over the conveyed land (including tribal activities conducted on the land). ``(B) No reversion.--The land conveyed to the Tribe under this subsection shall not revert to the United States for management in trust status. ``(C) Use of easement.--The reservation of the easement under paragraph (2)(D) shall not affect the right of the Tribe to obtain, use, and maintain access to, the Green River through the use of the road within the easement, as depicted on the map. ``(c) Withdrawals.--All withdrawals in effect on NOSR-2 on the date of enactment of this section are revoked. ``(d) Administration of Reserved land, Interests in land.-- ``(1) In general.--The Secretary shall administer the land and interests in land reserved from conveyance under subparagraphs (B) and (C) of subsection (b)(2) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). ``(2) Management plan.--Not later than 3 years after the date of enactment of this section, the Secretary shall submit to Congress a land use plan for the management of the land and interests in land referred to in paragraph (1). ``(3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection. ``(e) Royalty.-- ``(1) Payment of royalty.-- ``(A) In general.--The royalty interest reserved from conveyance in subsection (b)(2)(A) that is required to be paid by the Tribe shall not include any development, production, marketing, and operating expenses. ``(B) Federal tax responsibility.--The United States shall bear responsibility for and pay-- ``(i) gross production taxes; ``(ii) pipeline taxes; and ``(iii) allocation taxes assessed against the gross production. ``(2) Report.--The Tribe shall submit to the Secretary of Energy and to Congress an annual report on resource development and other activities of the Tribe concerning the conveyance under subsection (b). ``(3) Financial audit.-- ``(A) In general.--Not later than 5 years after the date of enactment of this section, and every 5 years thereafter, the Tribe shall obtain an audit of all resource development activities of the Tribe concerning the conveyance under subsection (b), as provided under chapter 75 of title 31, United States Code. ``(B) Inclusion of results.--The results of each audit under this paragraph shall be included in the next annual report submitted after the date of completion of the audit. ``(f) River Management.-- ``(1) In general.--The Tribe shall manage, under Tribal jurisdiction and in accordance with ordinances adopted by the Tribe, land of the Tribe that is adjacent to, and within \1/4\ mile of, the Green River in a manner that-- ``(A) maintains the protected status of the land; and ``(B) is consistent with the government-to- government agreement and in the memorandum of understanding dated February 11, 2000, as agreed to by the Tribe and the Secretary. ``(2) No management restrictions.--An ordinance referred to in paragraph (1) shall not impair, limit, or otherwise restrict the management and use of any land that is not owned, controlled, or subject to the jurisdiction of the Tribe. ``(3) Repeal or amendment.--An ordinance adopted by the Tribe and referenced in the government-to-government agreement may not be repealed or amended without the written approval of-- ``(A) the Tribe; and ``(B) the Secretary. ``(g) Plant Species.-- ``(1) In general.--In accordance with a government-to- government agreement between the Tribe and the Secretary, in a manner consistent with levels of legal protection in effect on the date of enactment of this section, the Tribe shall protect, under ordinances adopted by the Tribe, any plant species that is-- ``(A) listed as an endangered species or threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533); and ``(B) located or found on the NOSR-2 land conveyed to the Tribe. ``(2) Tribal jurisdiction.--The protection described in paragraph (1) shall be performed solely under tribal jurisdiction ``(h) Horses.-- ``(1) In general.--The Tribe shall manage, protect, and assert control over any horse not owned by the Tribe or tribal members that is located or found on the NOSR-2 land conveyed to the Tribe in a manner that is consistent with Federal law governing the management, protection, and control of horses in effect on the date of enactment of this section. ``(2) Tribal jurisdiction.--The management, control, and protection of horses described in paragraph (1) shall be performed solely-- ``(A) under tribal jurisdiction; and ``(B) in accordance with a government-to-government agreement between the Tribe and the Secretary. ``(i) Remedial Action at Moab Site.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Secretary of Energy shall prepare a plan for the commencement, not later than 1 year after the date of completion of the plan, of remedial action (including groundwater restoration) at the Moab site in accordance with section 102(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(a)). ``(2) Limit on expenditures.--The Secretary shall limit the amounts expended in carrying out the remedial action under paragraph (1) to-- ``(A) amounts specifically appropriated for the remedial action in an Act of appropriation; and ``(B) other amounts made available for the remedial action under this subsection. ``(3) Retention of royalties.-- ``(A) In general.--The Secretary of Energy shall retain the amounts received as royalties under subsection (e)(1). ``(B) Availability.--Amounts referred to in subparagraph (A) shall be available, without further Act of appropriation, to carry out the remedial action under paragraph (1). ``(C) Excess amounts.--On completion of the remedial action under paragraph (1), all remaining royalty amounts shall be deposited in the General Fund of the Treasury. ``(D) Authorization of appropriations.-- ``(i) In general.--There are authorized to be appropriated to the Secretary of Energy to carry out the remedial action under paragraph (1) such sums as are necessary. ``(ii) Continuation of nrc trustee remediation activities.--After the date of enactment of this section and until such date as funds are made available under clause (i), the Secretary, using funds available to the Secretary that are not otherwise appropriated, shall carry out-- ``(I) this subsection; and ``(II) any remediation activity being carried out at the Moab site by the trustee appointed by the Nuclear Regulatory Commission for the Moab site on the date of enactment of this section. ``(4) Sale of moab site.-- ``(A) In general.--If the Moab site is sold after the date on which the Secretary of Energy completes the remedial action under paragraph (1), the seller shall pay to the Secretary of Energy, for deposit in the miscellaneous receipts account of the Treasury, the portion of the sale price that the Secretary determines resulted from the enhancement of the value of the Moab site that is attributable to the completion of the remedial action, as determined in accordance with subparagraph (B). ``(B) Determination of enhanced value.--The enhanced value of the Moab site referred to in subparagraph (A) shall be equal to the difference between-- ``(i) the fair market value of the Moab site on the date of enactment of this section, based on information available on that date; and ``(ii) the fair market value of the Moab site, as appraised on completion of the remedial action.''. SEC. 3. URANIUM MILL TAILINGS. Section 102(a) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(a)) is amended by inserting after paragraph (3) the following: ``(4) Designation as processing site.-- ``(A) In general.--Notwithstanding any other provision of law, the Moab uranium milling site (referred to in this paragraph as the `Moab Site') located approximately 3 miles northwest of Moab, Utah, and identified in the Final Environmental Impact Statement issued by the Nuclear Regulatory Commission in March 1996, in conjunction with Source Material License No. SUA 917, is designated as a processing site. ``(B) Applicability.--This title applies to the Moab Site in the same manner and to the same extent as to other processing sites designated under this subsection, except that-- ``(i) sections 103, 107(a), 112(a), and 115(a) of this title shall not apply; ``(ii) a reference in this title to the date of the enactment of this Act shall be treated as a reference to the date of enactment of this paragraph; and ``(iii) the Secretary, subject to the availability of appropriations and without regard to section 104(b), shall conduct remediation at the Moab site in a safe and environmentally sound manner, including-- ``(I) groundwater restoration; and ``(II) the removal, to at a site in the State of Utah, for permanent disposition and any necessary stabilization, of residual radioactive material and other contaminated material from the Moab Site and the floodplain of the Colorado River.''. SEC. 4. CONFORMING AMENDMENT. Section 3406 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (10 U.S.C. 7420 note) is amended by inserting after subsection (e) the following: ``(f) Oil Shale Reserve Numbered 2.--This section does not apply to the transfer of Oil Shale Reserve Numbered 2 under section 3405.''.

Summary: Declares that the United States relinquishes all management authority over such conveyed land, including tribal activities conducted on such land, on completion of such conveyance. Provides that such lands conveyed to the Tribe shall not revert to the United States for management in trust status. Revokes all withdrawals in effect on NOSR-2. Directs the Secretary of the Interior (Secretary) to administer the land and interests in land reserved from such conveyance and to submit to Congress a land use plan. Prohibits the royalty interest reserved from conveyance that is required to be paid by the Tribe from including any development, production, marketing, and operating expenses. Requires the United States to bear responsibility for and pay gross production taxes, pipeline taxes, and allocation taxes assessed against the gross production. Requires the Tribe to: (1) submit to the Secretary of Energy and Congress an annual report on resource development and other activities of the Tribe concerning such conveyance; and (2) obtain an audit of all such resource development activities every five years and include the results in the next annual report. Requires the Tribe: (1) to manage land adjacent to and within a 1/4 mile of the Green River in a in a manner that maintains the land's protected status and is consistent with a government-to-government agreement and a specified memorandum of understanding between the Tribe and the Secretary; and (2) in accordance with such agreement, to protect any endangered or threatened plant species located or found on the NOSR-2 land conveyed to the Tribe and to manage, protect, and assert control over any horse not owned by the Tribe or tribal members that is located or found on such land in a manner that is consistent with Federal law. Requires the Secretary of Energy: (1) to prepare a plan for the commencement of remedial action, including groundwater restoration, at the Atlas uranium milling site, Moab, Utah; (2) to retain the amounts received as royalties under this Act to carry out such remedial action; and (3) until funds authorized by this Act are made available, to use available funds to carry out such remedial action and any remediation activity being carried out at the site by the trustee appointed by the Nuclear Regulatory Commission. Provides that if the site is sold after remedial action is completed, the seller shall pay to the Secretary of Energy the portion of the sale price attributable to such action. Amends the Uranium Mill Tailings Radiation Control Act of 1978 to designate such site as a processing site, with specified exceptions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Creation and Economic Growth Act''. SEC. 2. AMENDMENTS TO THE BUDGET CONTROL ACT OF 2011. (a) Title Amendment.--The title heading of title IV of the Budget Control Act of 2011 (Public Law 112-25) is amended by inserting ``, JOB CREATION, AND ECONOMIC GROWTH'' after ``DEFICIT REDUCTION''. (b) Additional Duties of Joint Select Committee.--Section 401 of the Budget Control Act of 2011 (Public Law 112-25) is amended-- (1) in subsection (a)(1), by inserting ``, Job Creation, and Economic Growth'' after ``Deficit Reduction''; (2) in subsection (b)-- (A) in paragraph (1), by inserting ``, Job Creation, and Economic Growth'' after ``Deficit Reduction''; (B) in paragraph (2)-- (i) in the paragraph heading, by striking ``Goal'' and inserting ``Goals''; (ii) by striking ``goal'' and inserting ``goals''; and (iii) by inserting before the period ``and to spur economic growth and restore the Nation's workforce to full employment, which shall be defined by the Secretary of Labor not later than 14 days after the date of enactment of the Job Creation and Economic Growth Act, over the period of fiscal years 2012 and 2013''; (C) in paragraph (3)(A)(i), by inserting ``and significantly improve the short-term and long-term employment levels in the United States and spur economic growth'' before the period; (D) in paragraph (3)(A)(ii), by striking ``reduce the deficit consistent with the goal'' and inserting ``reduce the deficit and improve employment levels consistent with the goal''; (E) in paragraph (3)(B)-- (i) in the subparagraph heading, by striking ``Report'' and inserting ``Reports''; (ii) in clause (i)-- (I) by striking ``and'' at the end of subclause (I); (II) in subclause (II), by inserting ``with respect to deficit reduction'' after ``subclause (I)''; (III) by striking the period at the end of subclause (II) and inserting a semicolon; (IV) by inserting after subclause (II) the following new subclauses: ``(III) proposed legislative language to carry out such recommendations as described in subclause (I) with respect to job creation measures, which shall include a statement of the job creation achieved by the legislation over the period of fiscal years 2012 and 2013.''; and (iii) in clause (iv), by striking ``the joint committee report'' and inserting ``that joint committee report''; and (iv) in clause (v), by striking ``vote'' and inserting ``votes''; and (F) in paragraph (4)-- (i) in subparagraph (A), by striking ``12'' and inserting ``16''; (ii) in each of clause (i) through (iv) of subparagraph (B), by striking ``three'' each place it appears and inserting ``4''; and (iii) by adding at the end the following new subparagraph: ``(F) Subcommittee.--The joint committee shall appoint some of its members to a special subcommittee which shall make recommendations to the joint committee on measures to spur economic growth and restore the Nation's workforce to full employment over the period of fiscal years 2012 and 2013.''. (c) Conforming Amendments Relating to Expedited Consideration of Joint Committee Recommendations.--Section 402 of the Budget Control Act of 2011 (Public Law 112-25) is amended-- (1) in subsection (a)-- (A) by striking ``If approved by the majority'' and all that follows through ``section 401(b)(3)(B)(iv)'' and insert the following: ``(1) Approved deficit reduction legislative language.--If approved by the majority required by section 401(b)(3)(B)(ii), the proposed legislative language described in clause (i)(II) of section 401(b)(1)(B) and submitted pursuant to clause (iv) of such section''; and (B) by adding at the end the following: ``(2) Job creation legislative language.-- ``(A) If approved.--If approved by the majority required by section 401(b)(3)(B)(ii), the proposed legislative language described in clause (i)(III) of section 401(b)(1)(B) submitted pursuant to clause (iv) of such section shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. ``(B) If not approved.--If no legislative language described in subclause (III) of section 401(b)(1)(B)(i) is approved by the vote required by such section, then any such legislative language that was brought to a vote under such section shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by striking ``the joint committee bill'' each place it appears and inserting ``a joint committee bill''; and (ii) in the last sentence, by striking ``the joint committee bill'' and inserting ``that joint committee bill''; (B) in paragraph (2), in the first sentence, by striking ``the joint committee bill'' and inserting ``that joint committee bill''; and (C) in paragraph (3), by striking ``The joint committee bill'' and inserting ``A joint committee bill''; (3) in subsection (c)-- (A) in paragraphs (3) and (4), by striking ``the joint committee bill'' each place it appears and inserting ``a joint committee bill''; and (B) in paragraph (5), by striking ``the joint committee bill'' the first place it appears and inserting ``a joint committee bill''; (4) in subsection (d), by striking ``The joint committee bill'' and insert ``A joint committee bill''; (5) in subsection (e)(1) in the matter preceding subparagraph (A)-- (A) by striking ``before passing the joint'' and inserting ``before passing a joint''; and (B) by striking ``a joint committee bill'' and inserting ``a related joint committee bill''; (6) in subsection (f)(2)-- (A) by striking ``the joint committee bill'' the first place it appears and inserting ``a joint committee bill''; and (B) by striking ``receives the joint committee bill'' and inserting ``receives the related joint committee bill''; (7) in subsection (f)(3), by striking ``the joint committee bill'' and inserting ``a joint committee bill''; and (8) in subsection (g)-- (A) in paragraph (1), by inserting ``, in the case of a joint committee bill that was introduced pursuant to subsection (a)(1)'' before the semicolon; and (B) in paragraph (2), by inserting ``, in the case of any joint committee bill that was introduced pursuant to subsection (a)'' before the period. (d) Table of Contents Amendment.--In the table of contents in section 1(b) of the Budget Control Act of 2011, the item relating to title IV is amended to read as follows: ``TITLE IV--JOINT SELECT COMMITTEE ON DEFICIT REDUCTION, JOB CREATION, AND ECONOMIC GROWTH''.

Summary: Job Creation and Economic Growth Act - Amends the Budget Control Act of 2011 to redesignate the Joint Select Committee on Deficit Reduction as the Joint Select Committee on Deficit Reduction, Job Creation, and Economic Growth. Adds as a goal of the joint committee spurring economic growth and restoring the nation's workforce to full employment over the period of FY2012 and FY2013. Revises the duties of the joint committee to require it to make recommendations that will significantly improve U.S. short-term and long-term employment levels and spur economic growth. Requires the joint committee, by November 23, 2011, to vote on proposed legislative language to carry out joint committee recommendations with respect to job creation measures, including a statement of job creation achieved by such legislation. Increases the number of members of the joint committee from 12 to 16. Directs the joint committee to appoint some of its members to a special subcommittee to make recommendations on measures to spur economic growth and restore the nation's workforce to full employment over the period of FY2012 and FY2013. Prescribes procedures for expedited congressional consideration of proposed joint committee job creation legislative language.


SECTION 1. CHIEF FINANCIAL OFFICER OF THE VIRGIN ISLANDS. (a) Appointment of Chief Financial Officer.-- (1) In general.--The Governor of the Virgin Islands shall appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from the names on the list required under section 2(d). If the Governor has nominated a person for Chief Financial Officer but the Legislature of the Virgin Islands has not confirmed a nominee within 90 days after receiving the list pursuant to section 2(d), the Governor shall appoint from such list a Chief Financial Officer on an acting basis until the Legislature consents to a Chief Financial Officer. (2) Acting chief financial officer.--If a Chief Financial Officer has not been appointed under paragraph (1) within 180 days after the date of the enactment of this Act, the Virgin Islands Chief Financial Officer Search Commission, by majority vote, shall appoint from the names on the list submitted under section 2(d), an Acting Chief Financial Officer to serve in that capacity until a Chief Financial Officer is appointed under the first sentence of paragraph (1). In either case, if the Acting Chief Financial Officer serves in an acting capacity for 180 consecutive days, without further action the Acting Chief Financial Officer shall become the Chief Financial Officer. (b) Transfer of Functions.-- (1) In general.--Upon the appointment of a Chief Financial Officer under subsection (a), the functions of the Director of the Office of Management and Budget established under the laws of the Virgin Islands shall be transferred to the Chief Financial Officer. All employees of the Office of Management and Budget become employees of the Office of the Chief Financial Officer. (2) Documents provided.--The heads of each department of the Government of the Virgin Islands, in particular the head of the Department of Finance of the Virgin Islands and the head of the Internal Revenue Bureau of the Virgin Islands shall provide all documents and information under the jurisdiction of that head that the Chief Financial Officer considers required to carry out his or her functions to the Chief Financial Officer. (c) Duties of Chief Financial Officer.--The duties of the Chief Financial Officer shall include the following: (1) Assume the functions and authority of the office of the Office of Management and Budget established under the laws of the Virgin Islands as transferred under subsection (b). (2) Develop a report on the financial status of the Government of the Virgin Islands not later than 6 months after appointment and quarterly thereafter. Such reports shall be available to the public and shall be submitted to the Committee on Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate. (3) Each year certify spending limits of the annual budget and whether or not the annual budget is balanced. (4) Monitor operations of budget for compliance with spending limits, appropriations, and laws, and direct adjustments where necessary. (5) Develop standards for financial management, including inventory and contracting, for the government of the Virgin Islands in general and for each agency in conjunction with the agency head. (6) Oversee all aspects of the implementation of the financial management system provided pursuant to section 3 to ensure the coordination, transparency, and networking of all agencies' financial, personnel, and budget functions. (7) Provide technical staff to the Governor and legislature of the Virgin Islands for development of a deficit reduction and financial recovery plan. (d) Deputy Chief Financial Officer.--Until the date that is 5 years after the date of the enactment of this Act, the position of the Director of the Office of Management and Budget of the Virgin Islands shall-- (1) have the duties, salary (as specified in subsection (f)(3)), and other conditions of the Deputy Chief Financial Officer in lieu of the duties, salary, and other conditions of the Director of the Office of Management and Budget of the Virgin Islands as such functions existed before the appointment of the Chief Financial Officer; and (2) assist the Chief Financial Officer in carrying out the duties of the Chief Financial Officer. (e) Conditions Related to Chief Financial Officer.-- (1) Term.--The Chief Financial Officer shall be appointed for a term of 5 years. (2) Removal.--The Chief Financial Officer shall not be removed except for cause. An Acting Chief Financial Officer may be removed for cause or by a Chief Financial Officer appointed with the advice and consent of the Legislature of the Virgin Islands. (3) Replacement.--If the Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another Chief Financial Officer shall be selected in accordance with subsection (a). (4) Salary.--The Chief Financial Officer shall be paid at a salary to be determined by the Governor of the Virgin Islands, except such rate may not be less than the highest rate of pay for a cabinet officer of the Government of the Virgin Islands or a Chief Financial Officer serving in any government or semiautonomous agency. (f) Conditions Related to Deputy Chief Financial Officer.-- (1) Term; removal.--The Deputy Chief Financial Officer shall serve at the pleasure of the Chief Financial Officer. (2) Replacement.--If the Deputy Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another person shall be selected by the Governor of the Virgin Islands to serve as Deputy Chief Financial Officer. (3) Salary.--The Deputy Chief Financial Officer shall be paid at a salary to be determined by the Chief Financial Officer, except such rate may not be less than the rate of pay of the Director of the Office of Management and Budget. (g) Resumption of Functions.--On the date that is 5 years after the date of the enactment of this Act, the functions of the Chief Financial Officer shall be transferred to the Director of the Office of Management and Budget of the Virgin Islands. (h) Sunset.--This section shall cease to have effect after the date that is 5 years after the date of the enactment of this Act. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Virgin Islands Chief Financial Officer Search Commission''. (b) Duty of Commission.--The Commission shall recommend to the Governor not less than 3 candidates for nomination as Chief Financial Officer of the Virgin Islands. Each candidate must have demonstrated ability in general management of, knowledge of, and extensive practical experience at the highest levels of financial management in governmental or business entities and must have experience in the development, implementation, and operation of financial management systems. Candidates shall not have served in a policy making or unclassified position of the Government of the Virgin Islands in the 10 years immediately preceding appointment as Chief Financial Officer. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 9 members appointed not later than 30 days after the date of the enactment of this Act. Persons appointed as members must have recognized business, government, or financial expertise and experience and shall be appointed as follows: (A) 1 individual appointed by the Governor of the Virgin Islands. (B) 1 individual appointed by the President of the Legislature of the Virgin Islands. (C) 1 individual, who is an employee of the Government of the Virgin Islands, appointed by the Central Labor Council of the Virgin Islands. (D) 1 individual appointed by the Chamber of Commerce of St. Thomas-St. John. (E) 1 individual appointed by the Chamber of Commerce of St. Croix. (F) 1 individual appointed by the President of the University of the Virgin Islands. (G) 1 individual appointed by the Chief Judge of the Virgin Islands Territorial Court. (H) 1 individual, who is a resident of St. John, appointed by the At-Large Member of the Legislature of the Virgin Islands. (I) 1 individual appointed by the Advocates for the Preservation of the Retirement System. (2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Commission. (B) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy shall be appointed for the remainder of that term. (3) Basic pay.--Members shall serve without pay. (4) Quorum.--Five members of the Commission shall constitute a quorum. (5) Chairperson.--The Chairperson of the Commission shall be the Chief Judge of the Territorial Court or her designee and shall serve as an ex officio member of the Commission and shall vote only in the case of a tie. (6) Meetings.--The Commission shall meet at the call of the Chairperson. The Commission shall meet for the first time not later than 15 days after all members have been appointed under this subsection. (7) Government employment.--Members may not be current government employees, except for the member appointed under paragraph (1)(C); and (d) Report; Recommendations.--The Commission shall transmit a report to the Governor and the Resources Committee of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 60 days after its first meeting. The report shall name the Commission's recommendations for candidates for nomination as Chief Financial Officer of the Virgin Islands. (e) Termination.--The Commission shall terminate 210 days after its first meeting. SEC. 3. FINANCIAL MANAGEMENT SYSTEM. It is hereby authorized to be appropriated such sums as necessary for the installation of a Financial Management System, including appropriate computer hardware and software, to the Government of the Virgin Islands. Upon becoming available, the financial management system shall be available to the Chief Financial Officer and, after the date that is 5 years after the date of the enactment of this Act, the Director of the Office of Management and Budget of the Virgin Islands, to assist the Chief Financial Officer or the Director of the Office of Management and Budget of the Virgin Islands, as the case may be, to carry out the official duties of that office. SEC. 4. DEFINITIONS. For the purposes of this Act, the following definitions apply: (1) Chief financial officer.--In sections 1 and 2, the term ``Chief Financial Officer'' means a Chief Financial Officer or Acting Chief Financial Officer, as the case may be, appointed under section 1(a). (2) Commission.--The term ``Commission'' means the Virgin Islands Chief Financial Officer Search Commission established pursuant to section 2. (3) Governor.--The term ``Governor'' means the Governor of the Virgin Islands. (4) Removal for cause.--The term ``removal for cause'' means removal based upon misconduct, failure to meet job requirements, or any grounds that a reasonable person would find grounds for discharge. SEC. 5. NO ABROGATION OF POWERS. Nothing in this Act shall be construed to permit the Governor and Legislature of the Virgin Islands to dilute, delegate, or otherwise alter or weaken the powers and authority of the Office of Management and Budget established under the laws of the Virgin Islands. Passed the House of Representatives September 22, 2004. Attest: JEFF TRANDAHL, Clerk.

Summary: (Sec. 1) Requires the Governor of the Virgin Islands to appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from a list required by this Act. States that if: (1) the Legislature has not confirmed a nominee within 90 days the Governor shall appoint an Acting Chief Financial Officer until the Legislature consents to a Chief Financial Officer; and (2) a Chief Financial Officer has not been appointed within 180 days the Virgin Islands Chief Financial Officer Search Commission shall appoint from such list an Acting Chief Financial Officer until a Chief Financial Officer is appointed. Sets forth the Chief Financial Officer's duties, including: (1) assumption of the functions and authority of the Office of Management and Budget; and (2) budget and financial management systems oversight. Transfers the functions of the Director of the Office of Management and Budget to the Chief Financial Officer. Alters the position of the Director of the Office of Management and Budget to that of the Deputy Chief Financial Officer. Implements such changes for a five-year period. (Sec. 2) Establishes the Virgin Islands Chief Financial Officer Search Commission to recommend at least three candidates for the Chief Financial Officer position. Terminates the Commission 210 days after its first meeting. (Sec. 3) Authorizes appropriations for the installation of a Financial Management System, including appropriate computer hardware and software, to the Government of the Virgin Islands. States that such system shall be available to the Chief Financial Officer, and five years after the date of enactment of this Act, to the Director of the Office of Management and Budget of the Virgin Islands. (Sec. 5) States that nothing in this Act shall be construed to permit the Governor and Legislature of the Virgin Islands to delegate or otherwise alter the powers and authority of the Office of Management and Budget established under the laws of the Virgin Islands.